KTBB News, Weather, Talk

LUFKIN (AP) – The attorney of an East Texas dialysis nurse on trial for murder says she was spotted drawing bleach into a syringe to measure it for cleaning water, not to hurt patients. Kimberly Saenz is charged with killing five patients in Lufkin by injecting bleach into their dialysis lines. Attorney Ryan Deaton has challenged the testimony of two patients who say they saw Saenz fill a syringe with bleach. Deaton says they misunderstood what she was doing. Deaton on Thursday asked a former co-worker of Saenz’s whether someone had once suggested using a syringe to measure bleach. The co-worker, Yazmin Santana, says a supervisor immediately shot that idea down. Saenz could get the death penalty if convicted. The trial enters its fifth day Friday.

TYLER (AP) – Attorneys for a man once on death row for the rape and killing of an East Texas woman want his request for new DNA testing to be heard by a judge outside the county. Kerry Max Cook was twice sentenced to death for the 1977 stabbing of Linda Jo Edwards. Courts overturned both convictions. In 1999, Cook agreed to plead no contest to murder in exchange for a sentence of time served and went free. The prosecutor during one of Cook’s trials is now a judge and will not decide on Cook’s latest motion. Cook’s attorneys say other Smith County judges should also step aside to avoid the appearance of impropriety. A no-contest plea is not an admission of guilt. Cook says new DNA testing could prove his innocence.

DIBOLL – Three persons have been killed in Diboll when their SUV was hit by a Union Pacific freight train. It happened on Maynard Street around 2:00 Thursday afternoon. Police identify the victims as Sofia Carillo, 54, Tomavia Carillo, 19, and an 18-month old boy, whose name has not been released. All three were Diboll residents. Investigators say the SUV either stopped or stalled on the tracks. It was pushed some 100 yards down the track before the train was able to stop.

MARSHALL – An early morning wreck in Harrison Country has killed a Marshall man. It happened around 1:30 Thursday morning. Dead at the scene was Dustin Dean Butler, 21. The accident happened on State Highway 154. The Department of Public Safety reports Butler lost control of his vehicle on a curve. He was thrown from the vehicle when it overturned.

NACOGDOCHES — Nacogdoches County Sheriff’s officials report that two fuel storage tanks ruptured and exploded just after 3:45 Thursday afternoon. According to KETK, the cause of the explosion on County Road 342 was not immediately determined. Sheriff Thomas Kerss says the Melrose, Chireno, and Swift/Shady Grove VFDs and the City of Nacogdoches Fire Department responded and contained the resulting fire before it spread to four other tanks located in the vicinity. Kerss says there were no injuries reported.

TYLER – Four Kilgore residents have pleaded guilty in Tyler federal court to drug trafficking violations. Matthew Dean Willis, 25, and Terri Young, 51, both pleaded guilty to possession with intent to distribute methamphetamine Thursday. David Christopher Wheeler, 30, and Raelene Dawn Ferguson, 27, pleaded guilty to the same charges earlier this week. All pleas were entered in Tyler before U.S. Magistrate Judge Judith Guthrie.

According to information presented in court, the four defendants were involved in a conspiracy responsible for distributing methamphetamine in the Gregg County area. The defendants were named in a federal indictment returned by a grand jury last November. The defendants each face up to 20 years in federal prison. Sentencing dates have not been set.

CHANDLER — Next Tuesday afternoon at 5:30 p.m., the City of Chandler will hold a short ceremony to dedicate the new city seal and display of the National motto, “In God We Trust” on the Council Chamber’s wall. According to KETK and city press materials, the event is part of a City Hall Open House and meet and greet with the Mayor and City Council scheduled for 5:00 till 6:00 p.m.

According to city officials, in November of last year Chandler was the first city in Henderson County to adopt a resolution approving the prominent display of the National Motto of “In God We Trust.” Since that time the City has been working on a redesign of the Council Chambers and the fabrication of the new City Seal, which is displayed along with the National motto. “We look forward to having the citizens of Chandler and elected officials of Henderson County join us for this special dedication,” Mayor Ann Hall said. “It’s an honor to display our new city Seal and “In God We Trust” in our updated Council Chambers.”

LUFKIN — A wanted man turns himself in to Angelina County authorities. Lufkin police tell KETK around 1:30 Wednesday afternoon, Rafael Orta surfaced at the jail. Orta was the last of five people wanted for the capital murder of Robert Darnell Bennett. Bennett was robbed and killed in Lufkin in February. His murder is believed to be the result of a robbery gone wrong.

TYLER — If you’re summoned to jury duty in Smith County, changes are underway. The Smith County Sheriff’s Department tells KETK starting in about two months, a new entryway will be available to jurors in the morning. That way, they won’t have to wait outside in long lines and in the rain. Officials say the project will cost more than $30,000, but it won’t cost taxpayers a dime.

SMITH COUNTY — The city of Tyler will repair a leaking conduit on the Whitehouse dam under a penalty assessed by the state Wednesday for fish-killing sewage discharges two years ago. According to the Longview News-Journal, the work is in lieu of a $41,400 fine outlined in an agreed order approved in Austin Wednesday by the Texas Commission on Environmental Quality. Entities that are fined by the commission often have an option to perform a Supplemental Environmental Project for some neighbor. Documents published online Wednesday do not describe the fish kill but list it as justification for the fine. The documents also indicate the city has taken corrective action to prevent further unauthorized discharges. According to online documents, Tyler was cited for 16 unauthorized discharges, from September 2009 to June 2010, from its two wastewater treatment plant networks.

TYLER — CH2M Hill, the NET RMA’s Design/Build contractor, has closed the outside westbound lane of State Highway 31 at the Toll 49 intersection to work on the exit ramp of Toll 49 of Segment 3B. There will be heavy machinery and increased construction activities in the vicinity. There will be signage to assist drivers with the change in traffic flow. Motorists are encouraged to find alternate routes to avoid potential delays in the construction area during the day. It is anticipated that traffic flow will be back to normal Friday.

TYLER — The Smith County Republican Club hosts a Candidate Forum tonight with Representative Leo Berman & Republican challenger Matt Schaefer in the race for State House District 6. The event will be moderated by KTBB Owner/General manager Paul Gleiser. Organizers say admission is free, and everyone’s welcome. The debate begins at 6:30 at the Greater Tyler Association of Realtors building, 2772 S. Southeast Loop 323. The Republican Club meeting starts at 6:00.

TYLER – A 50-year-old Sulphur Springs man has been sentenced in Tyler for federal violations. Dennis Canada pleaded guilty last September to bankruptcy fraud. He was sentenced to 2 years in federal prison Wednesday in Tyler by U.S. District Judge Leonard E. Davis. Canada was also ordered to pay restitution in the amount of $286,191.45.

According to federal authorities, a civil lawsuit was filed on June 23, 2006, alleging that Canada engaged in negligent and fraudulent conduct related to the construction and sale of a home. At the same time, Canada was a party to another lawsuit in which another couple claimed Canada engaged in negligent and fraudulent conduct related to the construction of their home as well. Both cases were set for trial on June 23, 2008, and Canada filed for bankruptcy five days prior, on June 18, 2008.

Canada admitted that from January 18, 2008 to Oct. 7, 2008, he devised a scheme to defraud his creditors by concealing his true financial condition in order to avoid paying their claims against him. Canada also admitted that during this same time, he transferred and withdrew funds from bank accounts under his control in an effort to conceal the funds from his creditors. Canada admitted that he failed to disclose income, transfers of funds, financial accounts, cash on hand, and payments to creditors when he filed for bankruptcy on June 18, 2008. Canada was indicted by a federal grand jury on Mar. 2, 2011.

HENDERSON — A Rusk County man has admitted to officials that he lied about his involvement in last Friday’s shooting. The victim originally told Rusk County investigators he was shot by another man while trying to help a woman in distress. He has now recanted his story, admitting he lied to keep the unknown suspect from being arrested. According to KETK, the victim now tells officials the suspect took his gun away from him, shot him — and then, after shooting him, seemed remorseful and gave the gun back. Investigators found the weapon hidden under the back seat of the victim’s vehicle. Rusk County investigators will file a report with the District Attorney’s Office for false report to peace officer.

NACOGDOCHES — Roads around West Main and Old Tyler Road in Nacogdoches have been reopened following a gasoline spill. West Main Street from Pearl Street to Bremond and Old Tyler Road from West Main to Powers were closed when several hundred gallons were spilled from the transport truck at The Depot service station. The spill occurred when the truck hit a gas pump’s retaining post, damaging the tanker’s valve.

TYLER — Tyler Pounds Regional Airport is reporting that flights departing from Tyler are very full due to Spring Break trips combined with East Texas business travel. “With flights being full, passengers should plan to add a little more time for check-in and screening,” said Airport Manager Davis Dickson. “Just this week I have seen customers rushing in 15 minutes before departure time only to miss their flight. It is important to be at the ticket counter to check in at least 40 minutes before departure time. Typically the ticket counter will close the flight 30 minutes before departure to finalize procedures for takeoff.”

The airport recommends booking your flight on-line or through a travel agent for full service reservations and planning. Officials advise beginning the reservation process by entering TYR as your departure location. The airport has a number of links on its website for flight reservations. Go to http://www.tylerairport.com for rental car reservation sites, TSA travel tips, and real time flight status.

TYLER — The City of Tyler is reminding citizens that the mandatory water restrictions implemented in December are still in effect. “Although the City has had some precipitation in the last few months, it has not been enough to refill our reservoirs,” said Water Utilities Managing Director Greg Morgan. “We feel that because of the dry weather conditions we have been experiencing in the last year and the predictions of a dry summer in the upcoming year, it is in the best interest of Tyler’s long term planning efforts to continue with the water restrictions at this time.” Lake Tyler is currently 4.58 feet below spillway levels and Lake Palestine is 2.54 feet low.

Step Two drought measures call for mandatory water conservation measures to prohibit water waste. Water waste is defined as washing house windows, sidings, eaves and roof with a hose (without the use of a bucket); washing driveways, streets, curbs and gutters, washing vehicles without a cut-off valve and bucket; unattended sprinkling of landscape shrubs and grass; and filling of swimming pools.

Outdoor water usage, such as irrigation of landscaped areas, is limited to Sundays and Thursdays for customers with a street address ending in an even number (0,2,4,6,8) or Saturdays and Wednesdays for water customers with a street address ending in an odd number (1,3,5,7,9). Additionally, irrigation should be done between the hours of 6 p.m. and 6 a.m. Use of hand-held hoses, watering cans and drip systems for irrigation may be done at any time.

The goal of the Step Two drought measures is to reduce water consumption by 10 percent. “I encourage residents to check the settings on their automatic sprinkler systems to ensure they are in compliance with the restrictions,” added Morgan.

The City has received many phone calls from citizens who have observed other residents and businesses violating the terms of the restrictions. The Water Department will be sending educational letters to violators, requesting compliance with the restrictions. Those who continue to water outside of the prescribed parameters could be subject to citation. The City implemented Stage One drought measures in early October of this year which called for voluntary restrictions of residential water use. Then on December 13, Stage Two drought measures were implemented.

TYLER — Tyler-area fire officials took numerous calls yesterday about smoke in the city. After contacting other agencies, notification was received that the Forestry Service was burning off 2000 acres in Kennard, in Houston County. With the high winds coming from the south, the smoke was pushed into Smith County as well as other areas.

TYLER — Tyler Police, Fire and EMS responded to a two vehicle crash in the intersection of SSW Loop 323 and Walton Road. It happened just after 7:30 yesterday morning. Officers said Mattie Seidel, 16, and her two younger brothers, 14 and 6 were traveling northbound on Loop 323 in the inside lane. Blanca Avila, 38, and her three children, 16, 15, and 9, were heading south on Loop 323 and turned left in front of Seidel in the intersection of Walton Road. Avila was pinned in her vehicle and was extracted by Firefighters and EMS. Avila and her three children were all transported to Trinity Mother Frances Hospital with non-life threatening injuries. Avila was issued a citation of failure to yield right of way.

LUFKIN — Lufkin Police say a man has been fatally stabbed and a suspect is in custody. According to KETK, officers arrived at the scene, 908 Rowe, and found one man laying in the front yard with a wound to his neck. He was identified as Frederic Gilmore, 58. He was taken to a local hospital where he was later pronounced dead.

Rodney Evan Sheperd, 44, told officers that he had stabbed Gilmore. The knife believed to have been used was recovered from Sheperd’s pocket. Sheperd was booked into Angelina County Jail on a charge of Murder. The initial investigation revealed the two roommates began arguing over an unknown matter inside the house. The argument turned physical, the parties went outside and Sheperd reportedly stabbed Gilmore in the neck.

TYLER — CPS has taken custody of a toddler and her two siblings after her feet were severely burned by hot water in a bathtub in her parent’s Tyler home. The two-year-old girl was taken to ETMC last Tuesday by ambulance and later transferred to Parkland Hospital in Dallas for treatment of burns. According to KETK, the child was released from Parkland Hospital on Tuesday and remanded into CPS custody.

CPS is conducting an investigation and has placed all three children into foster care, although no charges have been filed. Tyler Police are also investigating the incident.

MARSHALL — Backpacks have been banned from Marshall Junior High School after students were caught with pocket knives on campus Friday. According to Interim Superintendent Brian Nichols, the skirmishes began Thursday morning with a fight on the junior high school campus, and on Friday students were caught carrying knives on campus. According to the Longview News-Journal, administrators were told by students that certain students had knives, and administrators proactively went out and confiscated the weapons.”

Nichols said as a result, MJHS principals called parents to inform them students would not be allowed to bring backpacks to school this week. “We added a police officer on the campus this week, heightened supervision by the staff there, and we have responded to it appropriately,” he said.

TYLER -– Investigators are trying to learn the circumstances surrounding a fatal shooting in south Tyler. Officers were dispatched to the East Texas Medical Center facility on South Broadway just after 8:00 Tuesday night. They found James Caleb Stanley, 19, Tyler, with a gun shot wound to the stomach. He was transported to the main ETMC hospital where he under went surgery and died just after midnight. Investigators said several witnesses remained at the hospital and gave officers statements. Authorities said the shooting happened at 7105 Gatewood.

TYLER – A Tyler man has will be going to prison for injuring his infant daughter. Saul Lino-Porcayo, 24, was sentenced Tuesday to 20 years in prison. On Monday a jury deliberated around three hours before finding him guilty of seriously injuring his two month old daughter. Porcayo first told authorities in December 2010 his infant daughter suffered a head injury after her sister jumped on top of her. He later admitted that he is the one who injured the baby. He said he was drunk and became frustrated with the child. He then says he punched the baby in the face. The little girl, who suffered a fractured skull, is now in a foster home. It appears she will suffer permanent brain damage from her injuries.

TYLER – In an appearance in Tyler federal court, a Van Zandt County man has been sentenced to prison for federal child solicitation violations. Brian Douglas Brown, 59, of Wills Point, pleaded guilty last November to coercion and enticement of a minor. Brown was sentenced Tuesday to 10 years in federal prison during a hearing before United States District Judge Leonard E. Davis.

According to information presented in court, in June, 2011, Brown communicated via online chats with an individual identified to him as being a 14-year-old. During these online chats, Brown expressed the desire to engage in sexual activity with the minor. A one-count federal indictment was returned by the Grand Jury on July 13,2011.

TYLER – An Upshur County man has appeared in Tyler federal court for sentencing for drug violations. Bobby Arlen Ray Jr., 48, of Ore City, pleaded guilty last October to possession of a List 1 chemical with intent to manufacture methamphetamine. Ray was sentenced Tuesday to 100 months in federal prison during a hearing before United States District Judge Leonard E. Davis.

Federal prosecutors had alleged that Ray purchased cold pills containing pseudoephedrine at a Wal-Mart store in Longview on March 31, 2010, as well as on numerous other occasions at various stores in the area in furtherance of his methamphetamine manufacturing activities. Ray was named in a 56-count federal indictment returned on April 6, 2011.

TEXARKANA – A Red River County man has been sentenced in federal court for obscenity violations. Benjamin David Conrad, 37, of Bogata, pleaded guilty last November to importation or transportation of obscene materials. He was sentenced to 12 months and 1 day in federal prison during a hearing before United States District Judge David Folsom.

Federal prosecutors say on May 9, 2009, a search was performed at Conrad’s residence. Thirty-five pictures and twenty-six videos of minors engaged in sexually explicit conduct were located on Conrad’s computer. At least one of the pictures appears to have been produced abroad, indicating that it was transported in interstate or foreign commerce and imported into the United States. Conrad acknowledged that he did knowingly transport in interstate commerce an obscene writing.

WINNSBORO — Wood County crews responded to a large grass fire that started around 3:30 Tuesday afternoon on County Road 4570 in the Winnsboro area. According to KETK, Wood County Emergency Management officials said the fire was deep in a wooded area and burned between 50 and 80 acres. Multiple fire departments responded, and several bulldozers were brought in. Oficials say two homes were threatened but not damaged by the blaze

HOUSTON (AP/Staff) – An executive with the Canadian company seeking to build an oil pipeline across the United States to the Texas Gulf Coast says a plan for a new route around Nebraska’s environmentally sensitive Sandhills region will be ready within weeks. TransCanada’s president of energy and oil pipelines Alex Pourbaix said Tuesday that the company plans to resubmit its permit request to the U.S. State Department. He also says construction of the southern tier of the Keystone XL pipeline, which doesn’t require a special permit, will begin by late spring or early summer. As currently planned, the pipeline would run through much of East Texas, including eastern Smith County. Pourbaix spoke at a panel discussion at an energy conference in Houston. He says the southern tier of the pipeline from Cushing, Okla., through Texas will help relieve but not completely eliminate a bottleneck at Midwest refineries.

TYLER — This year’s Tyler ISD Foundation campaign has surpassed its goal, raising $254,000. The goal was $250,000. The results were announced at a celebration at Hazel Owens Elementary School. The foundation raises and distributes money for projects not typically funded by tax dollars.