Nurse’s Capital Murder Trial to Continue Today

LUFKIN — Testimony continues today in Lufkin in the trial of Kimberly Saenz. The former nurse is accused of killing at least five DaVita Dialysis patients in April 2008 by injecting them with bleach from a cleaning pail.

On Friday, day five of the capital murder trial, one of Saenz’s former co-workers testified there was a “certain group” of dialysis patients Saenz didn’t like treating. According to the Lufkin Daily News, when asked by prosecutor Clyde Herrington to specify what patients Saenz, now 38, “didn’t like,” Candace Lackey named seven of the 10 people Saenz is alleged to have injected with bleach.

When asked by Saenz’s defense attorney Ryan Deaton to clarify her statement, Lackey said that working with that certain group of patients would cause Saenz some distress. Throughout the course of the trial, Deaton has theorized that DaVita’s improperly purified water caused the patient deaths. While several DaVita employees testified that dialysis machines were cleaned with bleach once a week after all patients were gone, Lackey testified she saw another practice.

Before jurors left for the day, they listened to a recording of Saenz’s testimony before an Angelina County grand jury. Saenz said as she and her co-workers watched more and more patients die and become ill they became more concerned. It was out of concern for her patients, Saenz said, that she and her husband looked up bleach poisoning online April 2, one day after the initial two deaths.

If convicted of capital murder, Saenz faces life in prison or death by lethal injection. Day six of her trial is scheduled to begin this morning.

Local School to Use Metal Detectors

MARSHALL — Marshall ISD will implement random use of metal detectors at the junior high school after students were caught with pocket knives on campus during school hours earlier this month. Three students were caught with knives on March 2, the day after a fight broke out between eight junior high students, said Interim Superintendent Brian Nichols. According to the Longview News-Journal, as a result, students were not allowed to bring backpacks to school this past week. The handheld metal detectors will be used to lessen the chance of a weapon being brought on the campus again, he said.

Along with the metal detectors, junior high administrators have cracked down on campus security, including changing the location where students are allowed to congregate in the mornings before the school bell rings. Nichols re-iterated the weapons found were pocket knives, which are considered prohibited weapons.

Senate Blocks Bid to Speed Pipeline from Canada

EAST TEXAS — An East Texas farmer’s restraining order to stop the Keystone XL Pipeline from cutting across her family’s land has been rescinded, again. The 6th Circuit Court of Appeals in Texarkana on Friday reversed its decision of a week earlier that had upheld the order. In its latest ruling, the court said it had reinstated the order March 2 “in an abundance of caution,” but because the court now had fully reviewed the matter, it believes the order should be dissolved. It was the latest twist in the effort by Julia Trigg Crawford, who this past month won an order to stop TransCanada from taking her Lamar County land via eminent domain and routing its pipeline across her family’s farm.

The original order was appealed by TransCanada and overturned February 24. It was reinstated March 2 and dissolved again Friday. Crawford vowed to continue her battle against the pipeline and has raised concerns about protecting Caddo Indian antiquities and the environment. A court date to appeal TransCanada’s use of eminent domain to route the Keystone XL pipeline across her land is set April 30.

Tyler Bicyclist Died from Injuries

TYLER – The bicyclist injured in a Wednesday night accident in Tyler has died. Terry Knutson, 70, of Tyler died around 7:00 Friday night from his injuries. The accident happened shortly after 8:15 Wednesday night at the intersection of the Troup Highway and Shiloh Road. Knutson was severely injured when his bicycle was hit by a wrecker. He was taken to East Texas Medical Center. After investigating the crash, Tyler Police Accident Investigators determined that Terry Knutson was at fault for failing to yield the right of way when entering the roadway on his bicycle from a private drive. No charges were filed in this case.

KETK-TV is reporting that just before the accident, Brook Hollow Park evicted Knutson from his travel trailer and threw all of his possessions on the other side of the fence.

FRESH Celebrates First Birthday

TYLER — Saturday marks the one-year anniversary of the grand opening of FRESH by Brookshire’s. Staff invited the public to celebrate with live local music, free gelato and cake and chances to win a trip to Napa Valley. FRESH is one of the first of its kind in East Texas to open as a completely environmentally friendly grocery store. According to KETK, recently, FRESH received a prestigious honor for a LEED certification. LEED is recognized by the US Green Building Council and stands for Leadership in Energy and Environmental Design.

East Texas Ag Teacher Fatally Shot

UPSHUR COUNTY — A New Diana High School teacher was found dead of a gunshot wound Friday afternoon at his home. David Gross, an agriculture science teacher who was a Union Grove resident, was found by Upshur County sheriff’s officers in his home on a private road off Union Grove Road. According to the Longview News-Journal, deputies arrived in response to a call received by sheriff’s dispatch about 2:40 p.m., Sheriff Anthony Betterton said.

Gross, a husband and father, was pronounced dead by Pct. 1 Justice of the Peace Rhonda Welch. Betterton said an autopsy had been ordered. It was unclear Friday night whether authorities were seeking a suspect in connection with the death. Gross had been at the Houston Livestock Show, where his students had been showing animals, Betterton said. He had returned to his home Friday, but intended to return to Houston. Gross’ exact age was not available, but Betterton said he was in his mid-30s.

Gross taught at New Diana for more than six years, Sloan said. He also represented East Texas as a board member of the Vocational Agriculture Teachers Association of Texas. Gross was the son of New Diana trustee and Upshur County Sheriff’s deputy Don Gross and his wife, Joy. David Gross was married and had two children.

The Upshur County Sheriff’s Office is working with Texas Rangers and the Gregg County Sheriff’s Office to investigate the death.

Authorities: Georgia Man Caught in Hopkins County

SULPHUR SPRINGS — A Savannah, Georgia, man wanted for aggravated child molestation and two counts of false statements and writings was arrested by the United States Marshals Service Joint East Texas Fugitive Task Force in Sulphur Springs on Thursday. That’s according to KETK and Marshals Service press materials. Dionte Thomas, 28, was wanted by the Chatham County Sheriff’s Department after he allegedly failed to appear in court in Savannah. The original charges stemmed from a Pooler, Georgia, incident in which he was charged in June of 2010.

Eastman Retirees Concerned about Possible Loss of Benefits

LONGVIEW — 16,000 Eastman Kodak retirees could soon lose their benefits. As part of the company’s Chapter 11 reorganization, the company is trying to cut the benefits to emerge from Chapter 11 more quickly. If approved, the company will save more than $200 million annually. But Texas Eastman retirees tell KETK they are not happy about the situation — especially because they were promised benefits for life when they retired. One retiree, Thurmond McGuire, is trying to contact all Texas Eastman retirees who’ll be affected by the cuts.

Suspect Arraigned in Sexual Assault of 72-Year-Old

MARSHALL — 30-year-old Bradley Gary-Joe Varnell has been arraigned on charges of sexual assault of the elderly, attempting to take a weapon from a law enforcement official, and evading arrest. The bond for those offenses was set at $310,000. According to KETK, Varnell was also due to have an additional charge of violation of parole from the State of Texas. There will be no bond set for that charge. Varnell, a registered sex offender, is currently in the Harrison County Jail.

Harrison County authorities say Varnell is accused allegedly sexually assaulting a 72-year-old. According to authorities, 911 operators received a call at approximately 4:30 Thursday morning regarding a sexual assault that had just occurred on Highway 134 close to the intersection of Farm Road 1793. Deputies arrived at the location and found the victim to be a woman who stated she was awakened by a man who had entered her house. She said he was standing at her bed and was holding a knife demanding to have sex with her. The suspect then fled the scene. The victim called 911 and was taken to Good Shepherd hospital for an examination.

Around 7:30 Thursday morning Lt. Floyd Duncan was driving on South on Blackjack Rd. and observed a man walking on the roadway who matched the general description of the suspect. He stopped to identify and speak with the person. The person stated his vehicle had broken down and was walking to his residence. Lt. Duncan asked the person for an ID and to get into his vehicle. The person then reportedly became very agitated and began to fight with the deputy as he was attempting to take him into custody. The suspect then reportedly broke free and ran into a wooded area. The suspect was able to get back to his vehicle and flee.

Another deputy coming to the location for assistance observed a pickup truck driving east on Swendson Road. He then attempted to stop the vehicle; however, the truck fled from that Deputy and drove into a road ditch. The suspect reportedly jumped from the truck and ran back into the woods. Numerous responding units were able to seal off the roadways and establish a perimeter. A search was begun with the assistance of Harrison County K-9 units and the Shreveport Fire Department bloodhound team. Authorities say deputies were able to establish a location of the suspect after the K-9 units traced his route through the woods. Deputies found the suspect in a home shortly before noon, not far from where he was originally stopped by Lt. Duncan.

Local Blues Legend Succumbs to Cancer

EAST TEXAS — Texas blues legend Bugs Henderson passed away Thursday night at his home. He was 69 and had been fighting liver cancer. Four months ago, Henderson announced that he was fighting cancer, which launched a series of benefit concerts to help with medical expenses. The most recent benefit concert took place Sunday at the Palladium Ballroom. Henderson was to sick to attend. Henderson grew up in Tyler.

Henderson County Man Guilty of Mail Fraud

TYLER — A 56-year-old Athens man pleaded guilty to federal violations in a Tyler courtroom Friday. Mark Eugene Thomas faces up to 20 years in federal prison for mail fraud. According to information presented in court, from 1998 to 2009, Thomas was employed by Argon Medical Devices, Inc. in Athens. From 2004 to 2008, Thomas provided fraudulent data to appear more profitable in order to secure additional capital investments. The fraud resulted in a financial loss of between $1 million and $2.5 million. A sentencing date has not been set.

Nurse’s Attorney: Bleach Used Often in Clinic

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.

Man Freed in East Texas Stabbing Requesting New Judge

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.

Three Fatalities in Diboll Train-Vehicle Wreck

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.

Harrison County Fatality Wreck

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.

Two Fuel Storage Tanks Explode in Nacogdoches County

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.

Four Guilty of Dealing Methamphetamine

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 to Dedicate New City Seal, “In God We Trust” Motto

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.”

Wanted Man Surrenders

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.

New Juror Entryway Coming to Courthouse

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.

City of Tyler Fined for Fish Kill

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.

Loop 49 Work May Cause Delays

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.

Berman-Schaefer Debate Today

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.

Hopkins County Man Sentenced for Bankruptcy Fraud

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.

Man Admits to Lying in Rusk County Shooting

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.

Roads Reopened After Nacogdoches Gas Spill

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.

Airport Recommends Travelers Arrive 40 Minutes Prior to Departure

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 Continues Mandatory Water Restrictions

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.

Four Injured in Morning Wreck

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.