KTBB News, Weather, Talk

TYLER — Over the 4th of July holiday, Smith County Judge Joel Baker urges all residents of Smith County to use extreme caution in their outdoor holiday activities due to the extremely dry conditions. “I am continuing to monitor conditions to determine whether to issue a disaster declaration and burn ban due to the drought. Many factors go into the decision-making process regarding the issuance of a burn ban. I always consult with the County Fire Marshal in evaluating the issuance of such an order,” Judge Baker said.

Factors in determining the need for a burn ban include:
1. The Keetch-Byram Drought Index
2. The current temperature, humidity, and wind speed
3. The weather forecast
“We also consider the type and volume of calls for emergency service due to fires,” Judge Baker added.

Officials say the majority of recent fires have been due to factors that a burn ban would not prevent, e.g., lightning strikes, electrical sparks from damaged lines, cigarettes being thrown from traveling vehicles. The current drought index is 654, and the county has historically issued burn bans when it is at our near 700. The occurrence of scattered thunderstorms in the county over the past week has brought and kept the drought index down. However, with the current weather forecast, it appears that there may be a need to issue a burn ban by Tuesday of next week substantial rainfall is not received by Monday.

The celebration of Independence Day brings the tradition of outdoor activities that may be risky due to the drought conditions throughout the state. Residents are urged to carefully monitor any outdoor cooking to insure that all combustible materials remain confined to grills or fire pits, and that any fireworks are controlled events with adult supervision. These activities should only take place, if at all, where running water is readily available. “We just want everyone to exercise common sense over the holiday weekend,” Smith County Fire Marshal Jim Seaton said.

Residents are reminded that it is a violation of state law to start a fire or cause an explosion and in so doing: (1) recklessly damage or destroy a building belonging to another or (2) recklessly cause another person to suffer bodily injury or death (Texas Penal Code §28.02 [a-2]). Such a violation is a state jail felony punishable confinement from 180 days to 2 years in a state jail facility and up to a $10,000 fine. Additionally, pursuant to Texas Penal Code §28.04, a person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner. Such a violation is a class-C misdemeanor, punishable by a fine of up to $500.

LONGVIEW — Upshur County Sheriff Anthony Betterton is facing charges of violating a gag order because he announced his bid for re-election this week. According to KETK and the Longview News-Journal, Betterton declined to comment Friday on his re-election campaign citing that he has been charged with violating a gag order. The order is on a case that is unrelated to his bid to be named Upshur County’s sheriff for his fourth consecutive term.

Betterton is facing charges of official oppression and gift to a public servant by a person in his jurisdiction. He was indicted in December along with County Judge Dean Fowler and Commissioner Lloyd Crabtree, who are each charged with official oppression and abuse of capacity, after a man was removed from a Commissioners Court meeting when he repeatedly wore duct tape over his mouth to protest that public comment had been removed from agendas. District Judge Lauren Parish put a gag order on the case before recusing herself.

TYLER — Tyler Police have arrested a suspect believed to be involved in an attempted ATM robbery and are searching for two more suspects. William Alexander Walker, 22, Garland, was charged with unauthorized use of motor vehicle and evading arrest. It started Friday morning when officers were called to the Dove Tree Apartments, 1600 Rice Road Rice Road, around 3:45 on a report of a suspicious vehicle driving through the parking lot. Officers were told the driver had a bandanna covering his face.

Police found the described vehicle leaving the parking lot of American State Bank on Old Jacksonville Hwy with a large chain dragging behind. The three suspects ran into some nearby woods where Walker was taken into custody. Police are still seeking the identity and whereabouts of the two other suspects that got away. Officers also determined that the suspects had stolen the maroon Z71 pickup from Meadow Brook Apartments located at 4600 Paluxy. Charges were pending for the incident with the ATM.

TYLER — The woman involved in a fatal motorcycle crash on South Broadway Avenue in May has been cleared of any criminal wrongdoing. Helen Turner, 71, was cleared by a grand jury. Turner was turning left onto Independence Drive from S. Broadway to enter the Broadway Square Mall parking lot on a flashing yellow light May 10 when her vehicle collided with a motorcycle driven by Kendrick Clark, 23. Clark, who was trapped under his burning motorcycle, later died of his injuries.

ANGELINA COUNTY — Federal agents took over the scene of an Angelina County Sheriff’s Office methamphetamine bust Thursday evening off FM 1819 after high explosives were found. The SWAT team arrived at the home of Raymond Bell Thursday evening to find he was not at home, but authorities say, Larry Flournoy, who was at the home, was taken into custody. A search of the house uncovered a full lab, six grams of finished product, guns and high explosives in another building. Hill said investigators had been warned there could be explosives on scene.

Agents from the Bureau of Alcohol, Tobacco and Firearms were immediately contacted. Investigators said they had been running surveilance on Bell for about a year. Flournoy was taken to the Angelina County Jail Thursday night. Bell agreed to talk to investigators Friday morning.

EAST TEXAS (AP/STAFF) — Sudden thunderstorms unleashed damaging winds and hail in parts of East Texas Thursday evening, damaging roofs and downing power lines. In Smith County, strong winds damaged the Best Western Motel at Interstate Highway 20 and U.S. Highway 69. Part of the roof was blown off, landing in the parking lot.

Police in Gilmer report storm winds damaged roofs and canopies Thursday. They say the storms caused extensive damage to the Upshur County Courthouse. In Longview power outages were reported when winds knocked down tress and power lines. No injuries have been reported from the storms.

MOUNT PLEASANT – Mount Pleasant authorities have charged a man with the June 25th murder of Kathleen McNally, 42. Wednesday, a murder warrant was issued for Robert Boyler, 48, who was already in custody.

Last Saturday night, McNally’s body was found lying on the floor of a residence in the 400 block of Crooks Drive. An autopsy performed in Dallas Sunday indicated the death was a homicide.

Officers learned of a man seen leaving the area and traced him to the 1300 block of North Edwards. Boyler was taken into custody on an outstanding warrant from Camp County for criminal nonsupport/child support. Now he is facing a murder charge.

LOG CABIN – An ongoing domestic dispute has turned deadly in Henderson County. Authorities have charged a woman in her husband’s death. Taken into custody Thursday was Eula Kate Robinson, 69. She is accused of the shooting death of James Harold Robinson, 76. He died from a single gunshot wound to the chest. The shooting occurred around 11:45 Thursday morning.

MANGUM, OKLA. (AP) — A Greer County prosecutor says a 12-member jury has been selected for the wife of a former prison warden who allegedly fell in love with an inmate and aided his escape. Assistant District Attorney Eric Yarborough said Thursday the jury and three alternate jurors were chosen for the trial of Bobbi Parker, 48, who is charged with assisting a prisoner to escape. Jury selection in the case began on May 16. Yarborough says prosecution and defense attorneys will present their opening statements on Tuesday.

Parker is accused of helping convicted killer Randolph Dial break out of the Oklahoma State Reformatory in 1994. Defense lawyers say Dial kidnapped Parker and held her hostage until she was rescued in Texas at a Shelby County chicken ranch in 2005. Parker was charged in 2008. She has pleaded not guilty.

TYLER – An off duty Tyler police officer was slightly injured while trying to stop two shoplifting suspects. It happened around 3:00 yesterday afternoon at Dillards in the Broadway Square Mall.

The officer, J.R. Smith, was working a part-time job at Dillards when he was notified by loss-prevention of two black males that were in the store who have previously stolen from Dillards. The men, who were in the process of filling garbage bags full of merchandise, immediately began fleeing on foot when Smith approached them.

The officer chased them into the parking lot on the west side of the mall where the two got into a silver vehicle and accelerated rapidly in reverse out of the parking stall, nearly running over Officer Smith. The officer gave numerous commands for the suspects to stop and also struck the vehicle with his baton. The men then rammed an unoccupied vehicle causing it to collide with another unoccupied vehicle. They then fled in their car north bound on Old Bullard. Officer Smith sustained minor injury to his right hand and was treated by EMS at the scene.

RUSK – The four persons accused of trying to rob an Alto bank have been arraigned. They are Evandreal Cadarius Simpson, 19, of Palestine, Channing Nicole Johnson, 24, of Elkhart, Carl Kenneth Kelly, 22, of Palestine and Mujibur Whyamme Shaw, 36, of Palestine and previously of Jacksonville. They have all been charged with aggravated robbery, evading arrest, tampering with physical evidence and engaging in organized criminal activity.

Authorities say the four, all wearing bandanas, drove up to the Bancorp South Bank in Alto Wednesday afternoon. One of the suspects, armed with a handgun and carrying an empty bag, tried to enter the bank, but the doors were locked. It was just after 3:00 and the bank had just closed for the day. The suspects were later arrested on Highway 84 by Rusk police officers.

The attempted robbery came three weeks after the Alto Police Department was shut down because of a money crunch. The plan is to bring back the department in December.

TYLER — Tyler police are investigating a Thursday stabbing. Police responded to the 400 block of E. Line on a report of a male who had been stabbed in the upper chest. Officers were told that the victim, suspect, and witness had been drinking in a wooded area just off Line Street. The victim and suspect had reportedly gotten into a verbal altercation when the suspect allegedly pulled out a knife and stabbed the victim in the chest. Police say the victim then walked out of the wooded area into the intersection of Line and Frank and asked for help.

EMS responded to the scene and transported the victim to a local hospital. The extent of his injury is unknown at this time. Police say the suspect fled the area on foot and has not been located by police. He was described as white, 5’7’’, heavy build, 30 to 40 years old. Police said the victim’s name will not be released until it has been confirmed.

TYLER — The Texas Transportation Commission has awarded $120,000 to the North East Texas Regional Mobility Authority to go towards the Smith County Multimodal Facility. NET RMA Chairman Jeff Austin III stated, “We appreciate being able to work with TxDOT and Smith County in this partnership and value the hard work of Mr. Jamal Moharer, Chairman of the East Texas Coordinated Regional Transportation Planning Steering Committee (ETCRTPSC) to take another critical step toward allowing this to become a reality.”

NET RMA applied for this funding through a broad partnership to undertake preparatory and planning activities for a Multi-Modal Facility (MMF) transit hub in Tyler. Partners include the Smith County Commissioners Court and its Smith County Transportation Advisory Committee; the Tyler Area Metropolitan Planning Organization; the City of Tyler; Tyler Transit; NDMJ, Ltd.; Greyhound Bus Lines; the East Texas Council of Governments; and ETCRTPSC.

Austin said, “To fund the ultimate project, the Legislature has given RMA’s new tools to work with the Counties in the area of project delivery including Design/Build and Design/Build/Finance to find the most cost effective and efficient manner to construct and fund the project. This is a great model to centralize multimodal facilities in a County and can be a model for other counties/cities to consider.”

According to a news release, the MMF will consolidate and focus several transportation elements at a single site and allow for increased connectivity for residents of Smith County and the East Texas region to access other areas of Texas and the nation. Officials say available transit services at the MMF will include Greyhound and Kerrville Bus Lines (intercity bus) and charter bus service, transportation to Amtrak train stops in the region, Tyler Transit, a park and ride lot, and demand-response rural transit services. “This was the reason that RMA’s were established — to partner to find transportation and mobility solutions for our region,” said Austin.

TYLER — East Texas Medical Center facilities have received an accreditation and a recertification. The Commission on Cancer of the American College of Surgeons has granted three-year accreditation with commendation to the cancer program at the ETMC Cancer Institute. ETMC received the reaccreditation following the on-site evaluation by a physician surveyor in May. The commission is a consortium of professional organizations dedicated to improving survival rates and quality of life for cancer patients through education, standard-setting, prevention, research and monitoring the quality of cancer care.

In 1990, ETMC’s Cancer Institute was the first oncology program in East Texas to be certified, placing it among the elite hospitals in the nation with approved cancer programs. “We are very pleased to have this approval again because it’s only given to facilities that have voluntarily committed to providing the highest level of quality cancer care,” said Todd Sigmon, vice president of the ETMC Cancer Institute.

Also, ETMC Tyler’s stroke care program has been recertified as an Advanced Primary Stroke Center by the Joint Commission on Accreditation of Healthcare Organizations with a Gold Seal of Approval. ETMC Tyler was the first hospital in East Texas and one of the first in Texas to receive this designation in 2005 with recertifications in 2007 and 2009. ETMC voluntarily pursued this designation in part because of the alarming rate of stroke-related deaths in East Texas. The Joint Commission conducted an on-site review this spring to review compliance with national standards, clinical guidelines and outcomes of care.

“The East Texas region has one of the highest stroke rates in our state,” said Sigmon, who also serves as ETMC Neurological Institute vice president. “Since part of the effort to earn the certification includes a focus on stroke prevention, we believe it will help us meet our goal to help change that factor in our region.”

LUFKIN — A Lufkin woman was arrested Tuesday after allegedly kicking her roommate’s 5-year-old son in the chest during a fight with the boy’s mother. That’s according to KETK and the Lufkin Daily News. Lufkin officers were called to the Lark Street home of the boy’s mother, Victoria Burr, around 10:17 p.m., in reference to the boy being injured by the woman, Versia Walker, who had been living with them for two months, according to an arrest affidavit.

Authorities say Walker, 28, left the house before police arrived. Burr told officers Walker started yelling at her and took a swing at her but then she was able to put Walker in a headlock to keep her from fighting, the affidavit stated. A neighbor reportedly tried breaking up the fight but not before the boy apparently wandered too close to Walker. Four witnesses said they saw Walker kick the boy in his chest, knocking him back several feet, according to the affidavit. When officers talked to the boy, he said his chest hurt.

After taking statements from everyone the officers left but returned about 15 minutes later when Walker showed back up. When asked about the incident, Walker said she “pushed” the boy away with her leg to keep him out of the fight, the affidavit stated. She was arrested on third-degree felony injury to a child and taken to the Angelina County Jail. As she was taken to jail a friend of hers was moving her stuff out of the home, according to the affidavit. If convicted Walker faces up to 10 years in prison.

GILMER — Upshur County officials have issued a complete fireworks ban for 60 hours. Residents will be able to purchase fireworks but cannot use them in the county. A request has been sent to Governor Perry to extend the ban for 7 days.

DIBOLL — An East Texas man wanted after a drug roundup in Diboll turns himself in. According to KETK, Neilson Gibson is charged with delivery of a controlled substance in a drug-free zone. 16 suspects on 30 drug-related warrants were involved in the undercover operation. Police began arresting them last week. Officials say the roundup started June 22 and will continue until all 16 suspects are caught.

TYLER — Smith County is one of a few government entities nationwide to receive the 2011 Achievement of Excellence in Procurement Award from the National Purchasing Institute, County Judge Joel Baker announced this week. According to a county news release, the award is earned by those who demonstrate excellence, innovation, professionalism, productivity and leadership in their procurement practices. “We have worked with the Commissioners Court to implement a lot of good procedures,” Smith County Purchasing Director Kelli Davis said. “This is a great honor for the County.”

“This award is based on performance measures and best practices. Mrs. Davis and the Smith County Purchasing Team have gone above and beyond to provide the best and most efficient purchasing procedures to the citizens of Smith County,” County Judge Joel Baker said. Arrangements are in the works for an NPI member to present the award to Smith County in the near future. “The integrity and honesty that Smith County’s Purchasing Department has shown is incredible,” Tarrant County Purchasing Director and former President of the Texas Purchasing Association Jack Beacham said. “Anytime you are considered for an award of this magnitude it is a great honor.”

LONGVIEW — Longview Fire Department officials are investigating the cause of a Thursday morning fire in the 1900 block of Holly Street. Firefighters were dispatched to the home at around 8:40 yesterday morning. They say it was fully extinguished within an hour.

WILLS POINT – Nearly four dozen animals have been recovered from alleged Van Zandt County puppy mill. The animals were found in a filthy trailer house in Wills Point. The ammonia level was so great, the eyes and throats of investigators began burning. There was said to have been no food or water for the animals. Van Zandt County authorities turned over to the SPCA six dogs, 19 puppies, two turtles and a bird. They also found 12 dogs in a pen outside the trailer.

MARSHALL – An Upshur County man has been sentenced to federal prison for firearms violations. Franklin Levern Turner, 56, of Diana, pleaded guilty in February to possessing an unregistered firearm. He was sentenced yesterday to 18 months in federal prison by U.S. District Judge T. John Ward. Turner was also ordered to forfeit a Winchester sawed-off 30-30 rifle.

Federal prosecutors say on July 15, 2009, Turner was found to be in possession of a firearm with a barrel length of less than eighteen inches which was not registered to him in the National Firearms and Transfer Record. Turner was indicted by a federal grand jury last August and charged with federal firearms violations.

TATUM – A motorcycle accident in Gregg County has left one person dead. Killed in the Tuesday night crash was Lonzo Lewis Jr., 40, of Tatum. The Department of Public Safety says Lewis was traveling at an unsafe speed when his motorcycle left Farm Road 2906 and hit a barbed wire fence. Lewis was not wearing a helmet.

MOUNT ENTERPRISE – The Tuesday night storms appear to be responsible for a traffic fatality in Rusk County. The accident happened around 10:30 Tuesday night when the victim’s pickup truck hit a tree that had fallen across the roadway. Alvertis Pruitt, 83, of Mount Enterprise, died about 12 hours later at East Texas Medical Center in Henderson. The accident happened on Farm Road 225.

GILMER — One man is dead after being hit by a truck while driving a golf cart in Upshur County on Wednesday morning. DPS officials say Alfred Keck, 74, was heading west on FM 49, just east of Lime Tree Rd., around 7:40 a.m. Authorities say Keck turned his golf cart left in front of a truck driven by Aldon Marty, 38, from Hawkins. According to KETK, officials say Marty was not speeding. Keck was thrown from the cart and pronounced dead at a local hospital.

LONGVIEW — The Gregg County Commissioners Court enacted a burn ban Wednesday during its regular meeting. It’s the latest in a growing series of such prohibitions throughout East Texas and around the state. According to a release by Gregg County Judge Bill Stoudt’s office, the ban will be reviewed on a periodic basis.

LUFKIN — A 17-year-old Lufkin man was arrested Tuesday for allegedly soliciting his 13-year-old cousin by reportedly sending her an inappropriate picture via text message. That’s according to KETK and the Lufkin Daily News. The man is not being named in this story in an attempt to protect the girl’s identity. He sent his cousin a text message on May 5 asking her to sneak out of her home and meet him at his mother’s house, according to an arrest affidavit. Authorities say that he then sent a message asking her for a photo and that she responded by sending a picture of herself in a bikini. In response, he said he would send her a picture of himself and did, a photo of his private parts, the affidavit stated.

The girl then sent a message asking why he would send her that photo and he messaged back that he thought she would like it, according to the affidavit. He then reportedly told her that if she would come over he would rub her neck and they could do what they did before. The man was taken into custody Tuesday on a warrant for second-degree online solicitation of a minor. If convicted he faces up to 20 years in prison.

TYLER – A 50-year-old Henderson woman has been sentenced to federal prison for a health care fraud scheme. Sheena Shelton pleaded guilty on July 22, 2010, to health care fraud and wire fraud and was sentenced to 18 months in federal prison Wednesday in Tyler by U.S. District Judge Leonard E. Davis. Shelton was also ordered to pay restitution in the amount of $125,000 to Medicare and Medicaid.

According to information presented in court, from 2003 to 2009, Shelton controlled and operated KC Medical Supplies, a durable medical equipment supplier in Longview. During that time, Shelton devised and carried out a scheme to defraud Medicare and Medicaid by submitting fraudulent claims for equipment and supplies which had not been prescribed or authorized by a physician. Shelton prepared documents that represented that physicians had prescribed or ordered medical equipment for certain beneficiaries although they had not. Shelton forged the signatures of local physicians to fraudulent claim forms before submitting them to Medicare and Medicaid for payment. Shelton was ordered to report to the U.S. Marshals Service on August 31, 2011, to begin serving her prison sentence.

AUSTIN (AP/Staff) – The Texas House has adjourned, ending the first special session of the 82nd Legislature — and a last-ditch effort to pass an East Texan’s airport screening bill has fallen short. Lawmakers met to consider two remaining bills and sent a minor judicial finance bill to the governor. But they failed to pass a bill from Longview Rep. David Simpson (pictured). The measure would have outlawed enhanced pat-downs by federal airport screeners unless they had reasonable suspicion that someone was carrying contraband. The House adjourned a day after the Senate, which wrapped up business on Tuesday. Both chambers passed critical fiscal bills and hurricane insurance reforms that were the impetus of the special session. Approval of those bills means there is little reason for the governor to call another special session.

NEBRASKA CITY, Neb. (AP/Staff) – A Tyler man accused of killing his girlfriend at a Dallas-area apartment has been captured in southeast Nebraska. The Nebraska State Patrol on Wednesday said 39-year-old Sisro Johnson is in the Otoe County Jail on a murder warrant from Garland, Texas. The beaten body of 45-year-old Zulema McColgan was discovered early Tuesday when officers answered a domestic disturbance call. A Nebraska trooper Tuesday night pulled over an SUV, matching the description of a vehicle being sought, on U.S. 75 just north of the Kansas state line. The suspect then drove off in a chase reaching speeds of 110 mph. The chase ended nearly 30 miles away after the SUV ran over roadway spikes, put down by law officers, and a tire went flat.

CUNEY — Authorities say a plane made an emergency landing in a field in Cherokee County. It happened Wednesday morning off of County Road 3414 north of Highway 175 near the town of Cuney. Officials say the pilot, Roger Willheim, 64, of Frankston, first reported engine trouble around 9:45 and shortly after landed the plane in the field barely missing power lines. Willheim, who was the only person on board, was not injured.