TYLER (AP) – Police say an East Texas homeowner has died after a tree that was being cut fell on him. Tyler police say Wednesday afternoon’s death of Robert Nicholas Kemper Jr., 51, appears to have been an accident. Investigators say Kemper and two employees were cutting a tree in his yard. The tree apparently became hung up on another tree as it fell. Police say the trio dislodged the cut tree, then Kemper accidentally fell to the ground and was crushed by the falling tree.
Residents Return Home after East Mountain Blaze Is Contained

EAST MOUNTAIN — Fire officials allow residents on Burnam Road, located east of Highway 300 in East Mountain, to return home. That’s after a fire sparked in the area on FM 1844 near Highway 300. Westbound traffic on FM 1844 was shut down at Hamby Road, and eastbound traffic on FM 1844 was shut down at Highway 300. The fire had been contained by late Wednesday afternoon, but crews remained on the scene putting out hot spots. About 25-30 acres have been scorched.
Man’s Body Found in Tyler
TYLER — Tyler Police responded to a report of a dead body Wednesday afternoon. Officers were called to 400 Southtown #205 around 4:50 and reportedly found the body of a 59-year-old man. Investigators said it appears that the man had fallen and hit his head. Authorities do not suspect foul play. They say it appears to be an unfortunate accident. The body was sent to Southeast Texas Forensic Center in Tyler for the autopsy. The man’s identity has not been released.
PATH Week Philanthropy Dinner
TYLER — PATH Week continued in Tyler Wednesday night with the annual Philanthropy Dinner. Guests heard a keynote address from Barbara Elliott, president of the Houston-based Center for Renewal and author of the book “Street Saints.” Elliott urged attendees to become “street saints” — people who don’t just give, but meet the needy face-to-face. She says such volunteers change the hearts of the people they work with. Elliott said PATH is full of street saints, and she’s on a mission to find more.
Also last night, longtime PATH volunteers Ovada Horne and C.C. Baker took home the dinner’s annual honors, the Stone Soup and Gertrude Windsor Awards. And Baker presented an update on PATH’s “Faith in Our Future” campaign, designed to set up a $1 million emergency fund for the agency. Baker said the effort has now raised
$500,000. PATH Week continues through Sunday. You can go to http://www.pathhelps.org to learn more.
Benefit for Rusk County Firefighters
HENDERSON — Area firefighters are overwhelmed with wildfires lately, but some help is on the way. A benefit is set for Saturday from 11 to 5 at the Wal-Mart in Henderson for the Rusk County Firefighters’ Association. According to KETK, the county’s fire departments, like others in the area, are hurting. The Rusk County departments have gone through two years’ worth of their fuel budget in the last couple of weeks alone.
Victim in Whitehouse Fatal Identified; Man Arrested

WHITEHOUSE — Linda Jean Owens is identified as the person who died in a Saturday accident in Whitehouse, and there’s been an arrest in that case. KETK reports Owens, a passenger in one of the vehicles, was pronounced dead at the scene. Her husband, James Milton Owens, was driving at the time. The driver of the other vehicle, Eulacio Milan Garcia from Tyler (pictured), was arrested Wednesday morning at a local hospital for intoxicated manslaughter. He has been booked into Smith County Jail on $400,000 bond.
Three people were injured in the wreck, which happened just south of Cain Elementary on State Highway 110 just after 6:15 Saturday morning. The wreck is said to have occurred when a southbound car veered into the northbound lane and collided with a pickup hauling a trailer. The truck is said to have burst into flames. The injured were said to have been hospitalized with non-life threatening injuries.
Gohmert Assails Obama Jobs Plan, Files Own Bill
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WASHINGTON, D.C. — East Texas Congressman Louie Gohmert rips into the president’s jobs plan — and files a jobs bill of his own. Gohmert calls the Obama bill a “job killer” and says it shouldn’t be considered at all. Among other things, the Tyler lawmaker says it completely destroys independent oil. He also says it adds bureaucracy to government through a new infrastructure financing agency. According to Gohmert, the bill additionally creates a “big brother” agency for broadband. He also claims the measure would unnecessarily add the unemployed as a class protected from hiring discrimination. Gohmert says just cutting corporate tax and bringing manufacturers back to America will create more jobs than the president’s bill.
As for the bill he’s filed, Gohmert released the following statement after introducing the “American Jobs Act of 2011” which he says will create jobs by taking the corporate tax rate to zero.
“We have heard a lot of rhetoric about job creation from President Obama over the last several days. After waiting to see what the President would actually put into legislative language, and then waiting to see if anybody would actually introduce the President’s bill in the House, today I took the initiative and introduced the “American Jobs Act of 2011.” It is a very simple bill, which will eliminate the corporate tax which serves as a tariff that our American companies pay on goods they produce here in America.
“This bill will actually create jobs in America. Right now, American manufacturing jobs are shipped overseas. What is really insidious about this tax is that corporate taxes are paid by the consumer – built in to the cost of the good or service. Corporate taxes are paid for by people in the form of lower wages to American workers and less money paid out in dividends in everything from 401K retirement accounts and to those who would risk their capital in business ventures. This type of capital investment is where jobs come from.
“Unlike President Obama’s bill, which clocks in at 155 pages, the American Jobs Act is only two pages. The American people want to see jobs and economic growth and this bill guarantees that outcome. America would instantly become a safe haven for businesses resulting in an explosion in revenue increases. If we really want to create jobs and grow the economy, we must pass ‘The American Jobs Act’ now.” You can use this link — http://gohmert.house.gov/UploadedFiles/Gohmert_American_Jobs_Act.pdf — to view Gohmert’s bill online.
Warr Running Again for County Commissioner
TYLER — Smith County Precinct 2 Commissioner Jeff Warr announces he’s running for a second term. Warr, a Republican, says he “has a proven history of public service accomplished with integrity and effectiveness coupled with a strong commitment to teamwork and mutual respect.” Warr adds, “Though I was fortunate enough to be elected to public office, I have always thought of myself as a public servant, not a politician. It has been my honor to serve as County Commissioner.” According to press materials, Warr believes that the growing needs of Smith County require good planning and an environment of cooperation and mutual respect. He pledges to work toward both.
Warr continues, “While serving on the Commissioner’s Court, I have been fortunate enough to be part of a team that succeeded – through a spirit of cooperation and mutual respect – in passing a taxpayer-first, commonsense jail proposal, passed an ordinance prohibiting Commissioners from giving themselves raises, and continued to improve county assets on a pay-as-you-go basis while staying committed to Constitutional, small government. I love to work hard, love Smith County, want to help create a future that is good for all its citizens and would consider it an honor and privilege to be re-elected to a second term.”
Council Approves Contract for Single-Family Dwellings
TYLER — The Tyler City Council has voted unanimously to enter into a contract with Lee Construction for six single-family dwellings to be built along Hunter’s Court. As part of the initiative to assist eligible low-income homebuyers with the purchase of modest and affordable single-family dwellings, the City sponsors the New Construction and Homebuyers Assistance Program funded with federal CDBG and HOME funds. The primary purpose of the program is to construct new, affordable housing units and to assist low-income homebuyers with down payment and closing costs.
“A lack of affordable housing can be a significant hardship for low-income households, which makes it difficult for them to meet other basic needs, such as food, clothing and healthcare,” said Mayor Barbara Bass. The houses each have three bedrooms and two baths, with an attached two-car garage. The homes will be built on lots owned by the City, located in the Hunter’s Glen Revitalization Area. “The construction of these homes will not only provide more housing options for low- to moderate-income families but will also help revitalize this area of our community,” said Bass. “Creating these options is exactly what is needed to reach the goals laid out in the Tyler 21 plan.”
City Receives Sponsors for Pilot CNG Program
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TYLER — In August 2011, the Tyler City Council approved the purchase of a five pickup trucks that will be converted to operate on Compressed Natural Gas (CNG) as part of the City of Tyler’s CNG Pilot Program. Local businesses were offered the opportunity to sponsor these vehicles and, to date, three trucks have been sponsored by two local businesses. EOG Resources has agreed to sponsor two of the trucks and Tanos Exploration, LLC will sponsor the third. Sponsored CNG vehicles will be identified with a customized wrap that will include the sponsor’s logo. These trucks are part of a pilot project that will convert part of the City of Tyler’s fleet from unleaded and diesel fuel to CNG fuel. If this project is successful, each year the City will add additional vehicles and equipment that operate on CNG under the regularly budgeted vehicle replacement plan.
“This program to start moving the City’s fleet to alternative fuel is an example of how innovation can save money and preserve the environment,” said Mayor Barbara Bass. “CNG vehicles are environmentally friendly and cause less wear on vehicle engines.” The CNG conversion project is an outcome of the Industry Growth Initiative, a plan adopted by Tyler to enhance industry growth. One of the major industries that is identified in the plan is 21st Century Energy, due to the prevalence of natural gas in the Barnett and Haynesville Shales that are in close proximity to Tyler. It is estimated that the Haynesville Shale contains enough natural gas to fuel our country for the next 100 years.
“The energy sector has been an important part of Tyler’s economic prosperity in the past and will continue to be critical to our future,” continued Mayor Bass. “Demonstrating our commitment to the use of CNG is just one way we can promote this local industry that has the potential to be a regional economic driver.” Sponsorship opportunities are still available at a cost of $15,000 for one vehicle or $25,000 for two vehicles. For more information on becoming a sponsor, please contact Dan Brotton, director of Solid Waste at (903) 531-1388.
U.S News Ranks LeTourneau among Top Colleges
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LONGVIEW — LeTourneau University is again ranked in the top tier nationally in the U.S. News and World Report’s annual rankings of “America’s Best Colleges.” LETU was also listed among the 2012 “Up-and-Comers” listing and the 2012 “A-Plus Schools For B-Students” listing. LeTourneau University was ranked among the top 8 private schools in Texas and was ranked above all state universities in Texas in the same category of “Best Regional Universities.” LETU is ranked 39th among all the Best Regional Universities in the West in the 2012 U.S. News rankings. For the first time, LeTourneau University was listed in the top three “2012 Up-and-Comers” schools cited most often by college presidents, provosts and admissions deans as the “up-and-coming” schools in their category.
Prosecution Rests in Parker Trial

MANGUM, Okla. (AP/Staff) – Greer County, Oklahoma, prosecutors have ended their case in the East Texas-linked trial of a former Oklahoma prison warden’s wife charged with helping a convicted killer escape 17 years ago. Prosecutors say Bobbi Parker fell in love with inmate Randolph Dial and helped him escape 17 years ago from the Oklahoma State Reformatory in Granite where Parker’s husband was deputy warden. Defense attorneys say Dial kidnapped Parker and held her hostage until they were found at a chicken ranch in Campti, in Shelby County, Texas, in 2005. Wednesday’s testimony included the unit manager of the Lawton Correctional Facility. Gifford Barnard said he considers an inmate who testified earlier that he saw Parker drive Dial out of the prison on the day they disappeared “truthful and honest.” Defense attorneys pointed out the inmate is a convicted killer.
Rusk County Fire Contained after Flaring Up Again

RUSK COUNTY — A fire has been contained after it began burning again on CR 316D near CR 314, also known as FM 3310, in Rusk County. KETK says officials had evacuated two homes at the end of the road but have since been allowed to return. Rusk County Sheriff’s Department Public Information officer Viki Penny said that it’s a dead end road, so they were worried that residents could be trapped if the fire spread. The Henderson, Mt. Enterprise, Eastside, and Laneville Fire Departments and the Texas Forest Service responded.
Upshur County Hot Spots Remain an Issue
UPSHUR COUNTY — Officials have been working to extinguish hot spots after an Upshur County grass fire destroyed several homes. Upshur County Fire Marshal Paul Steelman said Wednesday morning the fire burned between 320 and 350 acres. The blaze began about 4:00 Tuesday along Texas 154 near FM 1002. the fire quickly spread into the Rain Tree Lake subdivision, Steelman said. The fire has destroyed about 12 homes in the area. Officials ordered residents in the area to evacuate and are asking them to remain away from their homes while firefighters continue to work in the area. Nearby Harmony ISD canceled classes for the day.
The Texas Forest Service has drawn a fire line, but Steelman said he is not yet calling the fire contained. Steelman said wind was a major factor in the spread of the fire. Several volunteer departments have assisted in battling the blaze.
Lufkin Sex Offender Sought
EAST TEXAS — Officials say a wanted East Texas sex offender is on the loose. Eric Carlos Moyeda was arrested for aggravated assault of a 12-year-old girl back in 2004. He was handed a 5 year probation sentence. According to KETK, his last sex offender registration verification was back in September of last year. Anyone with his location or any information is asked to contact Lufkin Police.
Mom and Boyfriend Charged in Son’s Death
TYLER (AP) – An East Texas woman and her boyfriend have been indicted over the 2010 death of her year-old son. A Smith County grand jury on Tuesday indicted 20-year-old Emma Torres and 26-year-old Simon Lopez on capital murder charges. An autopsy determined Jeremy Silva died from blunt force trauma. Investigators say Lopez was watching the child last November in Tyler, while the mother was at work, when he called one of her relatives to say the boy wasn’t breathing. Police say Lopez left the youngster with the relative and fled. He was caught in July in Queretaro, Mexico. Bond was set at $2 million each for Torres and Lopez. Prosecutors have not said whether they’ll seek the death penalty.
Man Arrested for Illegal Burning
ANGELINA COUNTY — A Diboll man illegally burning trash in his yard was arrested Tuesday after he refused to allow firefighters on his property. The Diboll Volunteer Fire Department was called to the property of Daniel Holeman Sr., 47, around 3:00 Tuesday on Cheatham Road in reference to illegal burning. Angelina County Sheriff’s Office deputy Chris Wade said, “Firefighters got there and (Holeman) told them, ‘I’ve got this under control, I don’t need y’all. Keep your (expletive) off my property.”
With the county burn ban and extreme fire danger, the Diboll volunteers contacted the Angelina County Sheriff’s Office to report Holeman’s refusal. When Wade arrived on scene, he said Holeman was burning trash near a heavily wooded area. The fire department was called back out to extinguish the blaze. Holeman was taken to the Angelina County Jail, where he was released on a $500 bond for the Class C misdemeanor offense, according to county records.
Man Found Passed Out in Car Arrested
LONGVIEW — Longview police early Tuesday apprehended a man they say was driving drunk near a local hospital. Officers responded to the intersection of Fifth Street and Magrill Street immediately south of Good Shepherd Medical Center after report of a man passed out behind the wheel of his vehicle. One officer found the man, later identified as Marco Contreras-Mendoza, 25, passed out in the left-turn lane with his vehicle in drive. The officer removed the keys and could smell an alcoholic beverage, reports showed. Contreras-Mendoza only spoke Spanish in the officers’ presence and provided a Mexican ID, reports showed.
He failed nine of 10 clues for intoxication, and during a blood-alcohol test, he blew a 0.219 and 0.215, both more than two times above the legal limit. Contreras-Mendoza has at least three drunk driving convictions all within the past 21 months. He remained in the Gregg County Jail at last report. Bond had not been set.
Man Wanted in Ohio in Custody
GREGG COUNTY — Local authorities have apprehended a fugitive wanted in Ohio for unlawful sexual conduct with a minor. Kenneth Wayne Whittington, 20, Longview, turned himself in to the Gregg County Sheriff’s Office Monday. Authorities from Brown County, Ohio, issued an arrest warrant for Whittington. Whittington remained in Gregg County Jail custody without bond at last report.
El Chico Ranch Is Open

TYLER — It has been one of the most difficult and controversial business openings in recent memory. The Tyler restaurant formerly known as Double D Ranch is now, technically, the El Chico Ranch; but in reality, the name is still the object of litigation. According to KETK, though, that didn’t matter to the packed house for Tuesday’s opening. The customers were pouring into El Chico Ranch for lunch, and manager Bingo Breshears was delighted.
The cost of compliance with the injunction is apparently a handful of T-shirts. The solution to the skin issues for the waitresses was the same costume with a strategically placed T-shirt underneath. Though the menu has been sanitized and the double entendres removed, the restaurant is pretty much as advertised. Some came out of curiosity and stayed for the food. A hearing on a permanent injunction comes November 28th, and the final decision on what this bustling eatery will be called will be decided then.
Longview Grass Fire Contained

LONGVIEW — Crews have contained a Monday afternoon grass fire off Loop 281 on Toler Road. KETK reports a total of 11 acres burned. No one was injured, and the cause of the fire is unknown at this time. Traffic was blocked for a time from Jahan to Loop 281 on Toler Road. One concern voiced by Fire Marshal Johnny Zackary: the presence of onlookers. Zackary says people need to stay back, let firefighters do their jobs, and not risk their lives unnecessarily, because at the speed the fires travel, you can’t outrun them.
St. Gregory Among Top Schools in World in Reading Competition
TYLER — St. Gregory Elementary School students rank number four in the world for minutes read in the Scholastic Summer Challenge. The free program encourages children to read books and log their minutes during the summer to help avoid the “Summer Slide,” the loss of skills while out of school. Students at the Tyler school read and logged a total of 1,553,670 minutes and helped set a new world record of 64,213,141 minutes read – breaking last year’s record of 52,710,368. This year, 4,176 schools representing 22 countries participated.
Students from the Top 20 schools read and logged the most minutes and earned a listing in the 2012 Scholastic Book of World Records, which will be available through Scholastic Book Fairs, Scholastic Book Clubs and in bookstores nationwide this fall. In addition to logging their minutes on the Scholastic Summer Challenge site, children answered book trivia questions, earned virtual rewards and contributed to their school’s reading minutes.
“Scholastic congratulates all the students who participated in the Scholastic Summer Challenge and helped set a new world record for summer reading,” said Francie Alexander, Chief Academic Officer, Scholastic. “These students will begin the school year better prepared for the more challenging work they face in the next grade level.”
Texas Forest Service: Beware Timber Scams
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GILMER — If the drought doesn’t get you, a scam might. According to KETK, the Texas Forest Service is urging East Texas landowners to watch out for scam artists attempting to swindle them out of their trees. Authorities generally see an uptick in timber sale scams when the economy struggles. Recent scams involve buyers using drought scare tactics to convince landowners that their trees are dying and then push them into selling the timber prematurely. The buyer harvests the timber, but never pays the seller. While many trees have gone dormant because of the drought, state tree experts say it’s too soon to tell how many will die and how many could make a comeback next spring.
If you do opt to sell your timber now, Texas Forest Service has developed a list of tips to help you do so safely.
•Hire a consulting forester who can help you manage the sale.
•Determine the volume and value of timber being sold — before the sale.
•Bid your timber to multiple buyers, and check credentials when bids are received.
•Make sure you get a timber bill of sale, which is required by state law whenever timber is sold. The bill of sale assures the buyer that the timber does indeed belong to the seller. It also ensures payment to the seller.
•Determine ahead of time how payment will be made and what type of equipment will be used. Find out how long the contract is valid, if it requires the logger to use best management practices and if there are penalties for property damage. You should also know if the buyer carries worker’s comp insurance.
For a list of consulting foresters, view the Texas Forest Service Professional Management Service Referral List at http://tfsweb.tamu.edu/uploadedfiles/frd/referral.pdf or use this link — http://tfsweb.tamu.edu/main/article.aspx?ctrl=20 — to contact your local Texas Forest Service office.
Carthage Man Guilty of Firearms Violations
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TYLER – A 24-year-old Carthage man has pleaded guilty to federal firearms violations in the Eastern District of Texas announced U.S. Attorney John M. Bales Tuesday. Jeremy Preston Hall pleaded guilty to being a drug user in possession of a firearm on Sep. 12 in Tyler before U.S. Magistrate Judge Judith K. Guthrie. According to prosecutors, on Sep. 30, 2009, Hall was found to be in possession of a Glock pistol and marijuana in Panola County. Hall also admitted to using methamphetamine and having approximately eight firearms in his possession in recent months. Hall was indicted by a federal grand jury on June 2 and charged with federal firearms violations. Hall faces up to 10 years in federal prison at sentencing. A sentencing date has not been set.
Smith County Fire Report
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TYLER — According to information released by the Smith County Fire Marshal’s office, as of midday Tuesday, all fires were contained and controlled. According to KETK, that included a grass fire that broke out Tuesday morning on Highway 155 in the Noonday area. Fire departments maintained all lines over the weekend. However, weather conditions remain favorable for the quick spread of fire. All citizens are urged to exercise extreme caution. Illegal burns continue to be an issue within the county. Household trash leads the list of items being illegally burned. Citations are still being written for all illegal fires. The Smith County Sheriff’s Office has worked with Volunteer Fire Departments and the Smith County Fire Marshal’s Office to put out, investigate and write citations for illegal burns in the Noonday, Dixie and Chapel Hill areas in the past day or so.
Alto Fire Contained
CHEROKEE COUNTY — A wildfire west of Alto that forced the closure of state Highway 294 and burned about 1,700 acres was contained Monday morning, a Texas Forest Service official said. Texas Forest Service information officer Warren Bielenberg said the fire, which was reported at around 4:30 p.m. Sunday, is burning in grass and timber. “They have a line around it, but if we have a big wind event and it blows up, then there is a possibility that it could escape the containment lines,” Bielenberg said. Texas Forest Service responded to 19 new fires on Sunday for 1,099 acres, including new large fires in Harrison and Rusk counties. In the past seven days, Texas Forest Service has responded to 141 fires for 34,933 acres.
Harrison County Fire Still Burning
HARRISON COUNTY — A Harrison County wildfire touched off by a spark from a tractor-trailer tire blowout had spread to more than 800 acres Monday and destroyed at least one home. Harrison County Sheriff’s Office spokesman Jay Webb said authorities were dispatched to the fire, which officials are calling the “Marshall fire,” about 1:45 p.m. Sunday near the intersection of Interstate 20 and Webb Rogers Road.
The fire spread to both sides of the interstate and to Ireland Williams Road, Webb Rogers Road, FM 2199 and south to FM 2625. It destroyed three structures, including one residence, and had “possibly more” in its path.
Man Found in Burned Truck Died from Gunshot Wounds
UPSHUR COUNTY — An autopsy released Monday showed that a man who was found in a burning car near Ore City died from multiple gunshot wounds. Gordon Maxwell, 46, was found dead August 30th on Texas 155 just north of Ore City. His wife, Sharon Stanley Maxwell, 43, is charged with murder in his death. She remained jailed on $750,000 bond.
Search for Fatal Hit & Run Driver Continues
GREGG COUNTY — Gregg County Crime Stoppers are asking the public for any possible information involving a hit & run fatality at the intersection of Rice Road and Debbie Street in the Liberty City area July 22. The victim, Brain Scott Carr, was standing with his bicycle at the intersection when he was struck by a white van, knocking him and the bicycle into the ditch. Carr was able to provide information to a DPS trooper that the van was occupied by a black male. The driver of the van proceeded west on Rice Rd. Carr was transported to an area hospital where he later passed away due to injuries sustained in the accident. Officials say the van should have damage to the right front and right side mirror. Gregg County Crime Stoppers will pay up to $1,000 for information that leads to the arrest of the subject or subjects responsible in this case.
Man Ran Truck into Home Injuring Woman
HUGHES SPRINGS — A 51-year-old man has been arrested after assaulting a woman with his vehicle. Kenneth Mark Williams was taken into custody Friday after ramming his truck into the home of Linda Vanover, a woman police say he had been stalking. It happened in the 500 block of Live Oak Drive in Hughes Springs. Vanover was airlifted to Good Shepherd Medical Center in Longview, where she was treated for broken facial bones. She also suffered a concussion and major bruising from the incident.
Williams was charged with aggravated assault and retaliation.and is being held on $2 million bond. Vanover had filed a protective order against Williams in July after police said he broke into her home. Williams is on probation for breaking into a woman’s home in Bryan and sexually assaulting her.