
LINDALE — A one vehicle accident in northern Smith County has left three persons dead. The accident happened around 6:45 Sunday morning on County Road 4119 North of Lindale. Killed was the car’s driver, Braxton Boone, 25 of Lindale, who is pictured here, and his two passengers, Karrie Voyles and Jasmine Pruitt both 14 years of age from Lindale. State troopers believe their car was northbound at an unsafe speed when it veered of the roadway to the left striking several trees. According to the Department of Public Safety report, the driver and passengers were not wearing seat belts and there were indicators that alcohol may be a contributing factor that led to the crash.
Woman Dies in Tyler Fire

TYLER — One person has died in a Tyler house fire. It was reported around 12:30 Sunday morning in the 1200 block of Charles Street. Upon entry to the residence, firemen found a woman’s body. The body has been sent to the Southwestern Institute of Forensic Sciences in Dallas for an autopsy. Identification of the victim is pending, awaiting autopsy results. The investigation into the fire and its cause is continuing.
One Arrested for Tyler Robbery

TYLER — One person has been arrested in connection with a Tyler robbery. It was reported around 12:30 Sunday morning at the Varsity Place Apartments at 3400 Varsity. The victim told officers he had been robbed at gunpoint by a white male subject who fled the scene on foot toward the back of the complex. Officers quickly located the suspect, identified as Brandon Scott Birdsong, 19.
Officers recovered a silver colored BB gun pistol from Birdsong. When they searched an apartment at the complex they were able to recover the property taken in the robbery as well as stolen property from an auto burglary which had just occurred at the apartment complex. Birdsong was booked into the Smith County Jail for aggravated robbery, auto burglary, and public intoxication.
One Arrested Following Road Rage Incident

TYLER — A Tyler man has been arrested on charges of aggravated assault with a deadly weapon. Around 7:00 Saturday night officers responded to an aggravated assault near East Fifth Street and Loop 323. The victim followed the suspect to an address in the 1100 block of Skyline. The victim said during a road rage incident the suspect pointed a rifle at him. Following the investigation officers arrested Craig Colin Ashmore, 25, and booked him into the Smith County Jail.
Roosters Seized in Raid

TYLER (AP/STAFF) — The Humane Society of the United States provided information to the Smith County Sheriff’s Department that led to a cockfighting raid in Tyler. A news release issued Saturday says that authorities seized 44 roosters and detained about 20 people on Friday night. Many of the people were released without being charged because Texas is one of only six states where it’s legal to attend a cockfight, possess birds for cockfighting or possess cockfighting weapons.
John Goodwin, with the Humane Society of the United States says those who stage cockfights “take roosters, they tie knives to their legs, they give them adrenaline boosting drugs, and they have them fight to the death. Just so a bunch of people can sit around and gamble on which one’s gonna kill the other. It was just a bloody and cruel spectacle.” Of the 44 roosters seized, 6 were seriously injured and had to be put down.
The Humane Society says it supports a bill by state Rep. Wayne Christian, R-Center, that would close loopholes in existing law. The organization offers rewards of up to $5,000 for information leading to arrest and conviction of anyone involved in illegal animal fighting.
One Killed in Van Zandt County Wreck

FRUITVALE – A second accident in Van Zandt County has left one person dead and one injured. The wreck occurred Thursday morning around 10:30 on State Highway 19 just northeast of Fruitvale. Killed was Norma Dillard Baxley, 72, of Brownsboro. Injured was Jena Guill of Frisco. The Department of Public Safety says drifted into the path of the Gill vehicle. The report also said Baxley was not wearing her seat belt.
Postal Service to Consolidate E. Texas Facilities

LONGVIEW (AP) — A newspaper report says that the U.S. Postal Service will close its processing and distribution center in Lufkin and consolidate those operations in Tyler. The Longview News-Journal reported Friday that Postal Service spokesman McKinney Boyd told a group of 21 residents in Easton that he planned to announce the consolidation to Lufkin officials next week. The post office in Easton faces possible closure.
Boyd said the Postal Service is losing $23 million a day, as Americans turn to texting, e-mail and social media sites to communicate rather than written mail. Lufkin Mayor Jack Gorden questioned the cost savings of closing the Lufkin plant, which employs about 40 people.
Alders named Chair of Texas Department of Rural Affairs

AUSTIN — Governor Rick Perry has named David Alders of Nacogdoches chair of the Texas Department of Rural Affairs for a term to expire at the pleasure of the governor. The department supports community development, educational and leadership opportunities, and healthcare for rural areas of Texas.
Alders is president of Carrizo Creek Corporation, and manager of Caddo Farms LP and Dagwood Timber LP. He is vice chair of the Nacogdoches Economic Development Corporation, board chairman of Heritage Land Bank, and a board member of the Nacogdoches County Chamber of Commerce, Heartbeat Crisis Pregnancy Center and Regents Academy in Nacogdoches. He is also a board member and past president of the Nacogdoches County Farm Bureau, vice president of Pineywoods Groundwater Conservation District, and a member of the East Texas Regional Water Planning Group Executive Committee.
Alders received a bachelor’s degree from Texas A&M University.
Smith County Included in Wildfire Disaster Proclamation
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TYLER — Smith County is one of dozens of Texas counties included under an Emergency Disaster Proclamation issued by Governor Rick Perry due to the threat of wildfire in dry conditions. According to County Judge Joel Baker, who serves as the Emergency Management Director for the county, declaring the disaster proclamation is a precautionary step taken when conditions are dry to make sure each county will be eligible for assistance in the event of a severe wildfire.
Smith County is not currently under a burn ban; however, due to increasingly dry conditions, the Fire Marshal’s Office is encouraging Smith County to avoid outdoor burning whenever possible. The Fire Marshal’s Office is also reminding residents that outdoor burning is not permitted at all when wind conditions reach 22 miles per hour or above.
R.W. Fair to Become Part of Half Mile of History
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TYLER — Oilman and philanthropist R.W. Fair will be honored soon with a marker in the Half Mile of History in Downtown Tyler. A marker unveiling is set for Thursday, Feb. 24, at 11 a.m. at Gallery Main Street, 110 W. Erwin. The Half Mile of History is a City of Tyler program that honors significant people, places and events in Smith County History. Applications are vetted by the city’s Historic Preservation Board, which recommends nominees for inclusion to the Tyler City Council. Fair, who founded the R.W. Fair Foundation with his wife, Mattie, will join historic figures such as T.B. Butler, Shirley Simons, Lady Willie Lee Glass, Brookshire’s and others honored by the program.
Fair was born near Arp in 1886 and grew to become a successful pecan farmer, oilman, philanthropist and religious and civic leader. In 1923, he moved his family to Tyler, and by the 1930s he had established large peach and pecan plantations in Texas and Arkansas. One of his earliest ventures was the Texas Pecan Nursery located in Tyler, which was the largest paper shell pecan operation west of the Mississippi.
In 1931, Fair leased one of his peach orchards to a Dallas oilman who had drilled a successful oil producer on a farm just down the road. Although R.W. Fair had no experience in the oil business, his entrepreneurial instincts took over and shortly thereafter, he became the first individual to finance 100 percent working interest in a well drilled on his own property with 100 percent royalty interest. The rest is history, and Fair was in the petroleum business, successfully developing fields in Texas, New Mexico, Oklahoma, Colorado, Louisiana and Mississippi.
In 1934, Fair and his wife, Mattie, established the R.W. Fair Foundation. During his lifetime, Fair’s many accomplishments included funding over 1,000 college educations for theological students worldwide, serving on the Boards of Trustees of both SMU and Lon Morris College for 39 years, financing the production of several full length faith-based motion pictures translated into languages from around the globe, printing and distributing over 12 million copies of “A Better World Begins With Me” pamphlets worldwide, and serving as a long-time member of Marvin United Methodist Church, where he was Chairman of the Board of Stewards and taught men’s Bible study.
Until his death in 1965, Fair remained very active in the Tyler community. Activities included Chamber of Commerce officer, bank director, president of the Tyler Rotary Club, chairman of the Salvation Army, director of the East Texas Fair Association, president of the East Texas Boy Scout Council, TISD Board of Trustees and treasurer of the Texas College Advisory Committee. He was a founder and the first president of the East Texas Hospital Association (now ETMC) and a trustee of Houston Methodist Hospital. In 1941, he received the T.B. Butler award.
Woman Faces Insurance Fraud Charges

WHITE OAK — A White Oak woman faces felony insurance fraud charges. Angela Renee Baldridge, 36, told police and her husband their house had been burglarized. Investigators learned the woman allegedly filed false claims with her insurance and pawned some of the property reported stolen. It happened about six weeks before the couple split up.
Cause of Vacant House Fire Could Be Arson
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LONGVIEW — Longview Fire Department officials are investigating a Wednesday evening fire that started in a vacant home that had no working utilities. Fire Marshal Johnny Zackary said firefighters responded to the fire in the 2200 block of Bates Street just before 8 p.m. Wednesday. He says it appears as though the fire started on the couch and that it was possibly ignited by someone who wasn’t authorized to be in the home. The house reportedly has a history of being broken into. Although an official cause of the fire has not been determined, Zackary said it was possible the fire was started by the improper use of some type of smoking material. Zackary said the home was under renovation, and estimated about $15,000 worth of damage.
Tyler School Trustees Receive Budget Update
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TYLER — Tyler school board members got a budget update regarding planning for the 2011-2012 school district budget. School superintendent Dr. Randy Reid explained the current budget situation regarding state funding as well as the cuts in stimulus and grant funding. He explained that the current targeted reductions for Tyler ISD are $8 to $10 million and the district has a prioritized list of cuts as wells as worst case scenario contingencies.
Deputy Superintendent Cecil McDaniel explained the situation regarding the stimulus funding. He said the District has assessed staffing needs by campus and designed a reallocation plan for positions affected by stimulus funds, Title 1 and other funding sources. As it pertains to hiring, he said the District is looking at all vacancies on a case by case basis and currently making efforts to reassign people whose positions are no longer available as well as seeking ways to combine job responsibilities.
Executive Director of Financial Services Tosha Bjork discussed the current budget and shared reductions already identified, including Maintenance Tax Notes Payoff, New Electricity Contract Rates, 2010-11 ADA Growth, Reduction in Pay For Knowledge Offerings, and Library Allotments totaling $4.415 million. She also mentioned additional reduction considerations including:
*Early Resignation Incentive
*Staffing Consultant Suggestions
*Class Size Adjustment K-4
*Program Changes and Adjustments
*Department Budget Adjustments
*High School Scheduling Transition (block to traditional) for 2012-2013
*Furlough Days (if state approves)
Executive Director of Human Resources Sharon Roy also shared in the discussion a proposed salary range for teachers. It was discussed that this new system could possibly replace existing teacher salary schedule. It eliminates mandatory step increases and allows flexibility in hiring.
Tyler School Board Elections Set
TYLER – Tyler school trustees have set the school board election for Saturday, May 14th. The election is for the purpose of electing trustees to fill the expired terms of single member District 2, currently held by Orenthia Mason, and single member District 4, currently held by Shirley Jordan.
The first day to file for a position on the ballot for TISD was Saturday, February 12th. The administration offices are no open on Saturday; therefore, the first day applications could be accepted was Monday, February 14th. On May 14th, the polls will open at 7:00am and close at 7:00pm.
De La Garza-Grahm Named to Committee
AUSTIN — Governor Rick Perry has appointed Margarita de la Garza-Grahm of Tyler to the Correctional Managed Health Care Committee for a term to expire February 1, 2017. The committee develops a managed healthcare plan for Texas prison inmates. The appointment is subject to senate confirmation.
De la Garza-Graham is a general surgeon in private practice and former chief of surgery at East Texas Medical Center in Tyler. She is a member of the Texas Medical Association and Smith County Medical Society, a diplomat of the American Board of Surgery, and chair of the Diocean Catholic Committee on Scouting. She is also a past member of the American College of Surgeons, American Medical Women Association, Interamerican College of Physicians and Surgeons and the Stephen F. Austin State University Board of Regents.
De la Garza-Grahm received a bachelor’s degree from Columbia College in Columbia, MO, and a medical degree from the University of Autonoma de Guerrero in Acapulco, Mexico. She completed her Surgical Residency at Maricopa Medical Center in Phoenix, Arizona.
Work Resumes on West Loop 323
TYLER — Starting at 7:00 p.m. on Friday, February 18, through Saturday until 12:00, Tyler Police Officers will be assisting Texas Department of Transportation contractor R.K. Hall, with traffic control on West Loop 323 in and around the State Highway 64 (W. Erwin) intersection.
Several traffic lanes will be shut down to allow the contractor to complete a paving project. They have experienced heavy traffic congestion and delays in the past. Crews will begin working in the northbound lanes between SH 31 (Front Street) and SH 110 (Van Highway), which will require multiple lane closures while the work is in progress. Once completed, the crews will return to the southbound lanes. Motorists are asked to take an alternate route.
“We’ve been looking for a good moment to get back out there and get this finished up,” said TxDOT spokesman Larry Krantz. “There isn’t much left to do, but it’s obvious that it’s not complete.”
Unusually warm temperatures forecast for Friday night and Saturday morning are within the limits of working at night, which reduces the work’s impact on local traffic. The work was originally scheduled to be performed Wednesday and Thursday this week, but weather and materials issues didn’t allow the work to begin.
“It’s a golden opportunity for us to knock this project out,” Krantz said of the warm weekend weather forecast. “Hopefully we can be finished by early Saturday morning.” Motorists are encouraged to seek alternate routes if possible to avoid delays while the work is in progress.
Deuell Files Bill to Protect Children from Pornography

AUSTIN — State Senator Bob Deuell of Greenville has filed legislation that would prevent parents from intentionally exposing their minor children to hardcore pornographic material. Senate Bill 757 was inspired by Crystal Buckner, a Dallas mom whose ex-husband forced their two young daughters to watch hardcore pornography. Prosecutors had difficulty bringing charges in the case because of ambiguity in the way the law is currently written.
“This is an important step to protect children,” Deuell said. “Once this loophole is closed, no more parents will be able to hide behind the law while exposing their children to harmful material.”
With the help of the Rockwall-based Lillian Smith Family Violence Foundation and its founder, J.J. Smith, Ms. Buckner’s story made national news and gained the attention of Texas Attorney General Greg Abbott. “Thanks to J.J. and Crystal’s hard work, parents across Texas can be confident that the state will always stand with them when they protect their children,” said Deuell.
Final Defendant Pleads Guilty in Double Homicide
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BEAUMONT – A New Caney woman has become the final defendant to plead guilty to charges related to a double homicide which took place in Nacogdoches in August, 2007. Carrie Christine Wood, 38, pleaded guilty to violent crime in aid of racketeering activity, to-wit, conspiracy to murder David Mitchamore Thursday in Beaumont before U.S. District Judge Marcia Crone. According to information presented in court, Wood was a close associate and confidant of her co-defendant, Carl Carver, a general of the Aryan Brotherhood of Texas. Carver pleaded guilty to his involvement in the murder of Mitchamore in January, 2011.
Authorities say the Aryan Brotherhood of Texas (ABT) is a powerful race-based state-wide organization which operates inside and outside of state and federal prisons throughout the state of Texas and the United States. According to federal officials, the ABT enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise. Authorities say members, and often associates, are required to follow the orders of higher-ranking members, often referred to as “direct orders.”
It is believed that David Mitchamore, also known as “Super Dave,” a member of the Aryan Brotherhood, and his girlfriend, Christy Rochelle Brown, were murdered by Wood’s co-defendant, Brent Stalsby, as a result of a “direct order” issued by Carver. Carver issued the “direct order” because Mitchamore failed to repay an outstanding debt he allegedly owed to the Aryan Brotherhood general. Wood delivered the “direct order” issued by Carver to co-defendant Charles Cameron Frazier, who in turn, enlisted Stalsby to kill David Mitchamore. Stalsby and Frazier entered guilty pleas earlier this year. The bodies of Mitchamore and Brown were discovered in Nacogdoches County on August 10, 2007.
Two other individuals, Terry Stalsby and April Flanagan, both of Lufkin, have entered guilty pleas in relation to their involvement in the murder of Mitchamore and Brown. Wood faces up to ten years in federal prison. A sentencing date has not been set.
Community Responds to Fatal Van Crash
CANTON — Friends, family, and others are responding after 15-year-old Quitman ISD student Skylar Carpenter was killed in a rollover accident in Van Zandt County Thursday afternoon. Counselors from school districts around the area were at Quitman High School Friday to help students deal with the loss. Members of the Quitman community held a youth prayer gathering Friday night.
Reports indicate a teacher, Debra Holcombe, was driving a suburban with 6 students to an FFA event in San Antonio when it happened. They were southbound on Farm Road 17 just north of Interstate 20, outside Canton. Mrs. Holcombe drifted off the right side of the road and overcorrected, sending the vehicle into a roll. Skylar was ejected from the SUV and killed. Her mom is the assistant principal of Quitman High School, and her dad is the Vice President of the school board. Three students were taken to Tyler’s Mother Frances Hospital for treatment. Erica Blalock was critically injured and was airlifted to Mother Frances. She is said to be in critical condition. The driver and two other students were uninjured.
Tyler 21 Steering Committee to Receive Annual Update
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TYLER — The Tyler 21 Steering Committee, a citizen group originally formed to guide development of the city’s twenty-year comprehensive plan, will meet this morning to receive its third annual implementation update. The meeting’s set for 11:30 at City Hall. The Tyler 21 plan was formally adopted by the City Council in November 2007. As part of the implementation plan, city staff will provide an annual update on the status of implementation of the plan.
According to materials from the city, the 20-year plan creates a strategic framework for future actions for the city and will act as a guide as the city continues to grow. Officials say it defines a vision for the future linked to overall goals and policies, containing strategies and action items for achieving the goals. The Tyler 21 Plan took 18 months to construct, and more than 1,000 Tylerites provided input into its development through an unprecedented public involvement process. The input gathered from the public involvement process was used to establish the vision and principles that became the framework for the nearly 500-page plan. More than 100 citizen volunteers participated on working groups to further define the key issues and strategies to address the long-term future needs of the City.
The Tyler 21 Plan addresses issues such as downtown revitalization, north end revitalization, transportation, historic preservation, parks and recreation, transportation, housing and neighborhoods, public facilities, and the economy.
Rusk County Authorities Seek Hay Thieves

HENDERSON — Rusk County officials are looking for hay thieves. Several hay bales were stolen from Lone Star Farm and Home in Henderson on December 30th. On January 15th, authorities found the 32-ft. trailer allegedly used to steal the hay abandoned on FM 9 and FM 2655. KETK reports they have not found the stolen hay or the people who took it. If you have any information about the crime, you are urged to contact CrimeStoppers at (903) 655-TIPS (8477).
Kilgore College, ETBU Sign Articulation Agreement
MARSHALL — Kilgore College and East Texas Baptist University officials have entered into a partnership that will benefit KC students who seek a baccalaureate degree after earning their associate degree. KC President Dr. Bill Holda and ETBU President Dr. Dub Oliver signed the articulation agreement in front of representatives and students from both schools Thursday in the Woods Great Room of ETBU’s Ornelas Student Center.
“Kilgore College has enjoyed a great long-term relationship with East Texas Baptist University. ETBU is a great institution for our region and a number of our students select ETBU as their university in which to transfer,” Holda said. “All of us can help our students by giving them more options and using articulation agreements to facilitate transfer. We look forward to this most recent step in improving the partnership between Kilgore College and East Texas Baptist University.”
ETBU President Dr. Oliver said that he is grateful for the strong foundation provided by KC to the students who transfer to ETBU. “We find that Kilgore College graduates are well prepared to succeed academically and also fully engage the learning experience offered by taking on leadership positions throughout campus. We celebrate our strong bond, and look forward to even greater collaboration in the years ahead as we seek to fulfill our respective missions,” Oliver said.
With the signing of this formal articulation agreement, both institutions agree to a framework that promotes development of programmatic and institutional articulation for KC students as they continue their educational career beyond the associate degree level. Officials say students who begin at the community college level can plan their transition to complete their baccalaureate degree without fear of courses not transferring or not directly applying to their major field of study.
“What a privilege to build on the successful partnership between East Texas Baptist University and Kilgore College,” said ETBU Provost and Vice President for Academic Affairs Dr. Sherilyn Emberton. “This articulation agreement will allow us to expand our collaboration in providing a seamless transition for students as they move from earning the associate degree to achieving the baccalaureate degree.”
The signing of the agreement ended the festivities of Kilgore College Day at ETBU. Earlier in the day, KC representatives and students took a tour of the new Ornelas Student Center. A luncheon and reception were held in their honor as well. The reception allowed the KC delegation to visit with ETBU faculty as well as current students who have successfully transferred from the two-year institution to ETBU. “We look forward to this most recent step in improving the partnership between Kilgore College and East Texas Baptist University,” Holda said.
Former Band Director in Custody Again
WINNSBORO — A former Winnsboro High School band director was taken into custody, again, this week. Franklin County Sheriff’s Deputies say they issued a warrant for Paul Bramlett’s arrest Monday. Bramlett turned himself in Tuesday and is now out on bond. Bramlett was indicted last March on 8 counts of sexual contact and 8 counts of sexual assault.
Shot Toddler Expected to Recover
RUSK — A toddler who shot himself is now expected to recover. The Cherokee County youngster, Vaughn Taylor, spent several days in critical condition in a Dallas hospital after he shot himself in the chest in his home. Child Protective Services is involved with the case and says the child is now out of critical condition. Vaughn is expected to stay in the hospital for at least another couple of weeks. Robyn Taylor, Vaughn’s grandmother, says she is so grateful for the progress Vaughn is making, but she says there’s still a long road ahead. She says it’s unclear whether Vaughn will ever have use of his right arm or hand.
Deputies say the boy’s mother was in the living room during the time of the incident. They say the gun was on a dividing wall between the living room and kitchen. The little boy appears to have used a stool to get the gun case. That’s when he allegedly opened the case and shot himself once in the upper right chest, just below the collarbone. The gun is said to have been a small caliber semi-automatic with a round-chambered and fully-loaded magazine.
Incentives For TISD Staff Resignations

TYLER – With less funds expected from the state, school districts around Texas are looking at ways to trim their budgets. In Tyler, some school district employees will be receiving funds for their early resignation. The school superintendent tells the staff in a letter that a $2,500 incentive will be handed out to certain employees who turn in their resignation early. It is first come-first served, and only for the first 35 employees who turn in their resignation.
Another way to trim the budget is through an increase in class size. The district may increase the class size to 24 students per teacher in the elementary grades. More of the district plans may come out at tonight’s school board meeting. The meeting will include a discussion of the budget.
Arrest in a Hit and Run Accident

NACOGDOCHES – One person has been arrested in connection with a hit and run accident in Nacogdoches. Jafrina Seymone Jackson, 19, of Nacogdoches, turned herself in to authorities Wednesday afternoon. She has been charged with felony failure to stop and render aid in connection with the accident that seriously injured Jose Guadalupe Ramirez, 48, of Nacogdoches.
Traffic Stop Leads to Drug Arrest

NACOGDOCHES – A Nacogdoches traffic stop has resulted in a drug bust. In custody is Thomas A. Porter, 35, of Pleasureville, Kentucky. A state trooper stopped him for speeding on U.S. Highway 59. Porter gave the officer permission to search the pickup and the horse trailer it was pulling. Inside the trailer the officer found a false compartment in the roof. Inside was 113 pounds of marijuana and nearly one thousand Hydrocodone pills. Now, the speeding ticket is the less of Porter’s troubles. He has been charged with first-degree felony possession of a controlled substance and possession of marijuana, a second-degree felony.
Fire Leads to Drug Lab
KILGORE — A Kilgore fire has turned up a meth lab and three persons have been arrested. It all began early Wednesday morning when a fire was reported at America’s Best Value Inn and Suites on U.S. Highway 259. Firemen found the cause of the fire was a meth lab. In the room they found 4 grams of meth along with manufacturing equipment and a large amount of counterfeiting equipment, counterfeit checks and money, and forged IDs. Arrested were Rebecca Crystal Good, 30, Tammy Joe Sparks, 40, and John Carroll Moore, 52, all of Kilgore. The women have been charged with possession of a controlled substance while Moore was charged with manufacture/delivery of a controlled substance.
Man Faces Charges in Crockett Killing
CROCKETT — An East Texas man is dead after reportedly knocking on a door to start an argument. Crockett Police say Tony Robinson shot Aundra Hamilton. Investigators say when Hamilton went to Robinson’s door, Robinson began fighting with him outside. Hamilton died when Robinson pulled the trigger of a pistol. No word yet on what the two were arguing about. Robinson is facing murder charges.
Citizens File Suit Against Health Care Reform
AUSTIN – A Smith County group is a plaintiff in a taxpayer lawsuit to stop state expenditures for implementing the health care reform law, now that the federal statute has been declared unconstitutional. The Justice Foundation, a non-profit litigation firm in San Antonio that represents clients in public interest and limited government cases, is representing plaintiffs JoAnn Fleming and Grassroots America – We the People (GAWTP). The group, which Fleming serves as executive director, is termed the largest constitutional conservative citizen organization in East Texas.
According to the plaintiffs, Texas has judicially admitted that the law is unconstitutional. A federal judge in Florida has agreed and declared the provision requiring individuals to purchase insurance unconstitutional; therefore, Fleming claims the whole act is unconstitutional. She says Texas should stop spending anything on implementation. According to material provided by GAWTP, “Taxpayers can sue to stop future illegal spending in Texas, but they cannot get the money back once it is spent. That is why we filed suit now.” Fleming says the Texas Legislature can make the suit moot if it refuses to appropriate money to implement the law.