Council Holds Public Hearing on Redistricting


TYLER – The realignment of the Tyler city council’s single member districts was the topic of a presentation and public hearing yesterday. Last month the city council adopted redistricting criteria for the consultants to use as the framework for developing options. City Attorney Gary Landers said yesterday council members heard two options for proposed new boundaries to achieve proportionate representation in our Council districts.

Option “A” is the consultant’s attempt to balance the total number of voters in each district as closely as possible. Option “B” incorporated recommendations from Option “A”, but involves fewer geographical shifts that result in changes in voting precinct boundaries and takes into account the need to ensure that in the majority-minority districts the new districting plan does not result in a reduction of the minority group’s ability to elect a candidate of their choice. According to Landers, there is “less change in voter precinct boundaries should result in less voter confusion during the next election,”

The Council expressed support for Option “B” and asked the public for comments in preparation for a second public hearing on June 8.

According to a city news release, Tyler last redistricted in 2000; since that time, there has been a sizable increase in the total population of the city, requiring the City to again redistrict. The United States Constitution requires that each district within a city have approximately equal population. Preliminary results from the 2010 Census indicate that the population of Tyler is 96,900, an increase of 15.84% from the 2000 Census. The distribution of that growth has not been evenly dispersed resulting in an uneven number of residents in some of the City’s single member districts. Given Tyler’s current population, each district should have 16,150 residents or be within 10 percent of that figure. To achieve this equity, district boundary lines must be adjusted to rebalance the populations in the districts.

In addition to the one voter – one vote rule, cities in Texas must be aware of the federal Voting Rights Act requirements that govern the redistricting process. To ensure redistricting obligations are met, the City of Tyler along with Smith County and Tyler Independent School District, has contracted with the law firm of Bickerstaff and Health to assist with the redistricting process to increase coordination and cooperation. It is anticipated that this coordination will assist voters in the future.

Once a plan is adopted, the city must still get approval from the U.S. Department of Justice for the new district boundaries before they are implemented in an election. At the June 8th public hearing, the city council could vote to approve a redistricting plan. That plan will then be submitted to the Department of Justice after adoption and be implemented prior to the 2012 City Council elections.

Lufkin Couple Sentenced for Nacogdoches Murders


BEAUMONT — A Lufkin man and woman have been sentenced to federal prison for their part in a double homicide which took place in Nacogdoches in August, 2007. Brent Stalsby, 30, pleaded guilty in January to committing a violent crime in aid of racketeering activity (VICAR) and was sentenced yesterday to life in federal prison by U.S. District Judge Marcia Crone. Stalsby admitted that he murdered David Mitchamore and Christy Rochelle Brown. Terry Stalsby, 29, pleaded guilty in January to charges of accessory after the fact in the murder of Christy Rochelle Brown and was sentenced to 162 months in federal prison by Judge Crone.

Federal prosecutors say Carl Carver was a general of the Aryan Brotherhood of Texas, a race-based state-wide organization which operates inside and outside of state and federal prisons throughout the state of Texas and the United States. 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. Members, and oftentimes associates, are required to follow the orders of higher-ranking members, often referred to as “direct orders.”

Mitchamore, also known as “Super Dave,” a member of the Aryan Brotherhood, and his girlfriend, Brown, were murdered by Brent Stalsby as a result of a “direct order” issued by Carver because of Mitchamore’s failure to repay an outstanding debt he allegedly owed to the Aryan Brotherhood general. The couple’s bodies were discovered in Nacogdoches County on August 10, 2007. Terry Stalsby was present when the “direct order” issued by Carver was delivered to Charles Cameron Frazier. Back in January, Frazier pleaded guilty to his roles in the murders and is awaiting sentencing. Terry Stalsby also actively participated in a plan to conceal the gang members’ roles in the murders after the murders took place. Brent Stalsby, a so-called sergeant in the ABT, was the actual triggerman for both murders.

Mayor’s State of the City Address


TYLER — The state of the city is quite good these days. That’s according to Tyler Mayor Barbara Bass, who gave the Chamber of Commerce her annual report on the topic yesterday. Bass says, “We plan ahead, we make sure that we know what direction we’re going, and in spite of the challenging economic times the last couple of years, we have done really well.” Bass pointed to new master plans for parks and recreation, Lake Tyler, and Lake Bellwood. She also mentioned the community’s Industry Growth Initiative “that’s all about bringing jobs to Tyler and growing our economic base so that our citizens have good quality paying jobs.”

Bass also called for continued and additional citizen involvement to keep things rolling. In fact, she says the city is issuing a “call to serve” challenge to citizens, asking everyone to do his or her part. Bass remarked, “By us all working together for the greater good, we can achieve greater results.”

Brawl on Video Concerns Residents


JACKSONVILLE — Residents follow up on a case involving battling teens caught on tape in broad daylight at a Jacksonville park. Last week, word got out about a violent brawl involving youths from Jacksonville and New Summerfield. Video of the fight was posted on YouTube, which has since removed the post. But now, community members have gathered to view the video for themselves — many for the first time. Some of the residents were said to be appalled — completely taken by surprise.

Jacksonville High School student Cynthia Quintana tells KETK she first saw the video at school. Cynthia says, ” I kind of know some of the guys, and I just don’t understand; why would they be fighting, especially during school time? And I saw how violent it was, and I just don’t like it.” Now parents say they want the teens in that video off the streets and in community centers, sports — “anything that would not get them involved in fights,” according to one resident. Parents say it’s the only way to make sure fights like the one in the video won’t happen again.

May 26 No Longer An Early Release Day for Lindale ISD

LINDALE — As a reminder to parents and the community, the Lindale Independent School District has extended the previously scheduled early release day on May 26 to a full-length instructional day. The action was approved by the school board in March. LISD received a waiver from the Texas Education Agency which exempts the district from holding classes on May 31 as a snow day make-up. May 31 was originally scheduled on the district’s school calendar to as the date to recover instruction time lost after LISD’s closure on February 4 due to winter weather. To meet the criteria for the waiver, LISD extended two early release days to full-length instruction days (March 22 and May 26). Classes will be released at the regularly scheduled end time on each campus.

Houston Man Sentenced for Health Care Fraud


TYLER – A 37-year-old Houston man has been sentenced to federal prison and ordered to pay restitution for his role in a multi-state health care fraud scheme that partially occurred in the Eastern District of Texas, Kevin Onwudiwe pleaded guilty last October to health care fraud charges. He was sentenced in Tyler yesterday to 24 months in federal prison by U.S. District Judge Michael H. Schneider. Onwudiwe was also ordered to pay $251,000 in restitution.

In a related matter, on April 5, 2011, Jasper Ogbonna, 42, of Newark, Delaware, pleaded guilty on Sep. 27, 2010 to health care fraud and was sentenced to 21 months in federal prison and ordered to pay restitution in the amount of $822,411.44. Ogbonna, the owner of a West Virginia medical supply company, was indicted by a federal grand jury on June 30, 2009.

On January 6, 2010, a federal grand jury returned a superseding indictment charging Ogbonna, Anthony Nnadi, Onwudiwe, Tony Ahi, and Emmanuel Gabriels with health care fraud violations. According to the indictment, from August 2005 through April 2008, Ogbonna controlled and operated Matrix Medical Equipment and Supplies, Inc. in Weirton, West Virginia, and Nnadi controlled and operated Nicco Medical Services, LLC in Little Rock, Arkansas. Nnadi was assisted in the operation of Nicco Medical Services by Onwudiwe and Ahi. Both companies did business providing durable medical equipment to Medicare beneficiaries.

During that time, Ogbonna, Nnadi, Onwudiwe, Ahi, Gabriels, and their co-conspirators devised and carried out a scheme to defraud Medicare through the marketing of “ortho kits,” which consisted of a bag of orthotic items such as braces, wraps, and supports. As part of the scheme, the defendants and their co-conspirators illegally obtained protected Medicare beneficiary health information, including names, dates of birth, and Medicare and Social Security numbers from elderly individuals. Approximately 509 Medicare beneficiaries in Texas and Louisiana were supplied with “ortho kits” which were not prescribed or authorized by a physician and which were not wanted by the beneficiaries. In many instances, physicians’ signatures were forged and false claims were submitted to Medicare in the names of Medicare beneficiaries who were deceased.

Using protected health information, the defendants and their co-conspirators billed between $4,850 and $6,550 for each “ortho kit”, causing the submission of false and fraudulent claims to Medicare of more than $2.8 million. As a result of these claims, the defendants and their co-conspirators unlawfully obtained more than $1,095,000 from Medicare.

ETMC Offers Online Mammogram Scheduling


TYLER — ETMC is the first hospital system in East Texas to offer complete, online mammogram scheduling. “Online registration for digital mammography at ETMC will add convenience for East Texas women,” according to Regina Davis, director of the breast care center. “Women will be able to schedule their annual appointment at anytime on our secure website, by selecting the date, time and location.”

Patients can log on to http://www.etmc.org and click on the mammogram self-scheduling box, then follow the instructions. “The system will ask the patient questions to make sure she is the right age and meets specified guidelines to receive a screening mammogram. Women should have a baseline mammogram at age 35 to 40 and an annual mammogram beginning at age 40,” said Davis.

Officials say the system has other benefits as well. “We will also be able to generate e-mail reminders and provide additional services that will help East Texas women pursue healthy lifestyles through screening and early detection,” said Susan Shockey, referral services director. ETMC screens over 10,000 women a year for breast cancer.

Tyler Entities Taking Part in Major Cancer Study


TYLER — Texas Oncology-Tyler and Mother Frances Hospital of Tyler make a major announcement regarding a partnership with the International Genomics Consortium and the National Institutes of Health’s Cancer Genome Atlas project. Only 12 sites in the U.S. will be initially chosen within the IGC Network to participate in the project, which will look for the underlying mechanisms that cause cancer. Mother Frances spokesman John Moore says he and his colleagues are “very proud” to be a partner with Texas Oncology Tyler. Moore says Mother Frances does a lot of cancer surgeries and treatments every year. But according to Moore, the chance to actually participate in a large-scale study that will provide free data on ways to cure cancer is “just a great honor.”

New Treatment Tested at UTHSCT Proves Successful


TYLER — A new treatment that was tested at The University of Texas Health Science Center at Tyler has proven to be successful against a rare but serious lung disease called LAM, short for lymphangioleiomyomatosis. “Finally, a drug – sirolimus – has been found that can slow the progression of LAM, an unusual disorder that can lead to serious disability and death,” said James Stocks, M.D., a nationally known lung disease specialist. “LAM primarily strikes younger women who often still have young children at home. Though this is not a miracle cure, it is an important first step,” added Dr. Stocks, the principal investigator of the LAM clinical study at UTHSCT. Most women with the disease live only another eight to 10 years after their diagnosis.

Sirolimus, also known as rapamycin, is the first drug to effectively treat LAM, Dr. Stocks said. Because it suppresses the body’s immune system, sirolimus currently is used to prevent rejection of transplanted organs. It also is used as a coating for cardiac artery stents – metal mesh tubes that prop the arteries open – to prevent clotting. During one year of treatment, sirolimus improved the lung function and quality of life of the women who took it, according to the Multicenter International LAM Efficacy of Sirolimus (MILES). MILES is the first randomized, controlled study of a treatment for LAM. In this study, women were randomly assigned to receive sirolimus or a placebo, which is a substance that has no effect, such as a sugar pill.

In women with the disease, abnormal, out-of-control, muscle-like cells take over their lungs, lymph nodes, and kidneys. These mutant cells destroy normal lung tissue, making breathing difficult, according to the National Heart, Lung, and Blood Institute (NHLBI), part of the National Institutes of Health (NIH). Sometimes the lungs of women with LAM collapse, causing pain and shortness of breath. LAM usually worsens over time, but how quickly it progresses varies greatly, the NHLBI says. Symptoms of LAM are shortness of breath, especially during physical activity; chest pain; frequent cough; and wheezing. The results of MILES were published in a recent online edition of The New England Journal of Medicine.

Besides UTHSCT, other institutions participating in the study included National Jewish Health in Denver; Cincinnati Children’s Hospital Medical Center; the Cleveland Clinic Foundation; the University of California at Los Angeles; Brigham and Women’s Hospital in Boston; the University of Toronto, Canada; and the National Hospital Organization Kinki-Chou Chest Medical Center in Osaka, Japan.

Funding for the study was provided by the NIH Office of Rare Disease Research; the Food and Drug Administration; the LAM Foundation, the Japanese Ministry of Health, Labor, and Welfare; the Canadian Institutes of Health Research; Cincinnati Children’s Hospital Medical Center; the University of Cincinnati; the Tuberous Sclerosis Alliance Rothberg Courage Award; Vi and John Adler; and the Adler Foundation.

Two Drive-By Shootings Reported

TYLER — Tyler Police investigate two drive-by shootings. They occurred yesterday morning between 2:30 and 3:30. Officers first responded to 2411 Live Oak then got another report of shots fired at a 1506 N Pegues. The residents were home at both locations. No injuries were reported. Authorities say they do not believe the two shootings are related. Anyone with information is urged to contact Tyler Police, at 903-531-1000.

Hallsville Shooting Injures One

HALLSVILLE – A Dallas man remains in guarded condition in a Longview hospital following a weekend shooting in Hallsville. The shooting was reported around 10:00 Sunday night at a residence on Farm Road 449.

Investigators say Richard Newland, 47, was found lying on the ground outside the house. He had been shot once in the stomach. A suspect identified as L. J. Harris of Dallas was arrested at the scene. He has been charged with aggravated assault with a deadly weapon and placed in the Harrison County jail in lieu of a $50,000.

Investigators say Newland, Harris and a third Dallas man had been visiting at the Harrison County residence. As they were preparing to drive back to Dallas an argument erupted. Investigators say Harris went back into the house and found a .22 caliber rifle. When he came back outside, that’s when Newland was shot.

Appointments to the Sulphur River Basin Authority Board


AUSTIN — Governor Rick Perry has appointed three members to the Sulphur River Basin Authority Board of Directors. The board handles construction, maintenance and operations of the Sulphur River and its tributaries in the state and watershed.

Named to the panel are Wally Kraft of Paris is a veterinarian and owner of the Animal Health Center, Michael Russell of Clarksville is owner and operator of Cuthand Creek Cattle Company and Patricia Wommack of Lone Star is retired from the U.S. Department of Defense. Kraft was appointed for a term to expire February 1, 2013 while the others were reappointed for a term to expire February 1, 2017.

These appointments are subject to Senate confirmation.

TISD Board Acts on Several Items


TYLER — Tyler ISD trustees took care of a variety of business at a special Tuesday meeting. The Board of Trustees approved the canvass of votes from the May 1 trustee election as presented, proclaiming Orenthia Mason as trustee for Single Member District 2 and Shirley Jordan as trustee for Single Member District 4. The newly elected trustees took the oath of office and will each serve a three-year term. Trustees also approved Michelle Carr, Single Member District 6, as the Board President, and Mason as the Board Vice President. They will serve in these positions for one year.

The Board of Trustees also gave the green light to two new principals. Joanne Saul was authorized and approved as principal of Dixie Elementary School. Mrs. Saul has 14 years of education experience. She has been the interim principal of Dixie since January. Prior to joining Tyler ISD, Saul worked in Alief ISD where she was an assistant principal, a technology and science specialist, and a fourth grade teacher.

Misti Rasure was authorized and approved as Boulter Middle School principal. Mrs. Rasure has 15 years of education experience with almost 10 years in Tyler ISD. She has been the interim principal since March at Boulter, where she was previously the assistant principal of instruction. Rasure was also at Moore Middle School as an instructional specialist, a math department head and teacher, and summer school principal. Both principals begin their new positions immediately.

Click It or Ticket


EAST TEXAS — Tyler and Longview officers are once again participating in the Click It or Ticket enforcement program, which targets seat belt and child safety restraint violators. The current program began Monday and continues through June 5. Texas law requires every person sitting in the front or rear seat of a vehicle to wear a safety belt. A child less than eight years old and less than four feet, nine inches tall must be secured in a child safety seat. Drivers can be stopped and ticketed for a safety belt violation if they, or any of their passengers under the age of 15, are not buckled up or properly restrained. Traffic fines for failing to use a seat belt or secure a child in a safety seat can run from $25 to $200, plus court costs.

Smith County DWI Enforcement


TYLER — Smith County law enforcement agencies will be out in force during the Memorial Day holiday, this Friday through Sunday — and they won’t be taking “no” for an answer. A multi-joint effort between the District Attorney’s Office and police agencies from all over the county will participate in the ‘No-Refusal’ DWI Campaign once again. Upon the arrest of a suspected drunk driver, he or she will be asked to blow into a breath-test machine or take a blood test. If the driver refuses, officers will obtain an immediate search warrant signed by a judge on call to have blood drawn by a nurse on staff at the Smith County Jail. The blood is then analyzed to determine whether the driver’s blood-alcohol concentration is 0.08 or higher, the legal limit for driving in Texas.

Authorities say the program has proven to be an effective tool to combat drunken drivers. According to law officers, it is the intent of all law enforcement agencies that this effort will act as a deterrent, persuading people to avoid driving while intoxicated because they know that police officers will be conducting sobriety testing with or without driver’s consent.