KTBB News, Weather, Talk

UPSHUR COUNTY — Upshur County has implemented an emergency fireworks ban — maybe. Precinct 1 County Commissioner James Crittenden sent an emergency disaster declaration to the governor’s office without informing fellow commissioners, according to Upshur County’s Precinct 3 Commissioner Lloyd Crabtree. Though Crabtree and other commissioners did not vote on the emergency declaration, it might still be valid. Crabtree said residents in the county can still purchase fireworks, but cannot set them off. Franklin County recently enacted a similar emergency declaration banning fireworks.

The ban comes after fireworks have been on sale for several days in Upshur County. Upshur County Fire Marshal Paul Steelman said he is going forward with the ban as usual. The ban, however, will not affect the fireworks display Sunday evening at Gilmer’s Buckeye Stadium.

TYLER — During the Fourth of July holiday, the City of Tyler is reminding residents that the use of fireworks is prohibited at City parks and recreation areas, unless permitted. Section 8-4 of the City Code prohibits the use of fireworks or explosive devices at City parks within or outside the City limits. “With the extremely dry conditions we have experienced this summer, we are actively enforcing the prohibition on fireworks in City park areas,” explained Tyler Police Chief Gary Swindle.

The City will also enforce the prohibition on fireworks at Lake Tyler (Chapter 6) and will provide police officers to patrol the camping and picnicking areas of the lake to enforce this restriction. A permit was granted to Brian Conaway from Conaway Enterprises for Sunday night’s professional fireworks display at the west dam. And a permit has been issued to the Tyler Jaycees for the professional fireworks display July 4 at Lindsey Park, with gates open as of 4 p.m. and fireworks beginning around 9:30 p.m. “In the situations where a permit has been granted for a fireworks display, the vendor must have a fire truck and firefighters on site, as well as a professional pyro technician,” explained Chief Swindle.

TYLER — Tyler Police were called to a traffic accident on West Loop 323 north of Bellwood Road around 6:00 last night. According to officers, a Mexican national, Eduardo Gonzales, was driving a semi-tractor that was piggybacking two additional semi tractors.

Investigators say the load was too high to fit under the railroad overpass that crosses the loop and Gonzales struck the overpass, tearing the top off of the trucks. A motorcycle rider that was behind Gonzales had to take evasive action to avoid the debris and crashed his bike. He complained of minor injuries but refused treatment by EMS. Authorities say Gonzales had no driver’s license and no insurance. Prior to Mr. Gonzales’ vehicle being towed from the scene, he was able to get someone to bring proof of insurance for his vehicle to the scene. He was issued a citations for no license.

TYLER – Law enforcement agencies around Smith County are out in force this 4th of July holiday period, on the lookout for intoxicated drivers on streets, highways, and area lakes. Officers won’t be taking “no” for an answer. The No-Refusal DWI campaign began Friday and continues through July 4. The District Attorney’s Office is also involved.

Upon the arrest of a suspected drunk driver, he or she will be asked to blow into a breath-test instrument or take a blood test. If the driver refuses, officers will obtain an immediate search warrant signed by an on-call judge to have blood drawn by a certified nurse on staff at the Smith County Jail. The blood will then be analyzed to determine whether the driver’s blood-alcohol concentration is 0.08 or higher, the legal limit for driving in Texas.

TYLER — Tyler Police responded to a hit and run report made by the victim as they were in pursuit of the suspect. It happened around 5:15 Friday afternoon. Officers attempted to pull the suspect over in the area of W. Martin Luther King and N. Palace when the suspect began evading police. After a short pursuit, the suspect, Elvia Zarate, 21, Tyler, was arrested in the 2200 block of N. Broadway. She was charged with evading in a vehicle and failure to stop and give information. The suspect has also been charged with failure to identify after she gave a false name to officers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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