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TYLER — A worrisome issue involving Smith County Emergency Services District #2 is resolved. An emergency item was added to the agenda of Tuesday’s Commissioners Court meeting calling for removal proceedings for former ESD #2 head Mitch Henderson. Henderson resigned his position in July but has been attending meetings since state law allows so-called “holdover” attendance until a new person is named or elected. County officials added that Henderson has been “actively participating” in the meetings, and that his participation has caused “confusion.” KETK reports that when decision time came, it was announced in court that Henderson had voluntarily said he would no longer attend meetings and the issue was resolved.

NACOGDOCHES — A domestic dispute turned violent Monday night when a child was hurt trying to stop an argument in Nacogdoches. It happened just after 8:00 at a trailer park on the 700 block of E Lane Drive. A woman reportedly tried to take back her vehicle from a man who had borrowed it. According to KETK, the man became upset and an argument ensued. During the verbal fight, the woman’s 10-year-old attempted to get between the two adults when the man punched and pushed down the child. The woman reported the incident to police and has filed an injury to a child charge, which is a third degree felony. The child did not suffer serious injuries. Officials have not released any names of those involved or if the man has been arrested.

MARSHALL — A 52-year-old Atlanta, Texas man has pleaded guilty to bank robbery. On June 25, Robin Marion Allen borrowed a car and drove to the Wells Fargo Bank on East Main Street in Atlanta. He gave the teller a hand-written note with instructions to fill a black bag with cash. The teller gave Allen $1,944 in cash in the bag. He was indicted by a federal grand jury on July 11 and charged with bank robbery. Allen faces up to 20 years in federal prison. A sentencing date has not been set.

TYLER — Rep. Louie Gohmert, of Tyler, released a statement Tuesday remembering and honoring the lives of the thousands of Americans who were killed in the horrific terror attack on September 11, 2001:

“Today, hearts all across America and the world mourn and remember the tragic loss of thousands of innocent lives. September 11th was the single worst terrorist attack any country has suffered in modern times. Nearly 3,000 innocent people were cold heartedly murdered on our soil. Americans lost husbands, wives, fathers, mothers, brothers, sisters, aunts, uncles, children, and friends.

“We remember those who lost their lives on 9/11 and honor those who ran into the burning buildings that catastrophic day. These brave men and women make up the true heartbeat of America. My thoughts and prayers are with the families of the victims today and always. In the days, weeks, months, and years that follow, I pray, even in the face of scoffers, we will always honor these brave individuals and lift up their families in earnest prayers.”

Congressman Louie Gohmert is the Vice Chair of the Judiciary Subcommittee on Crime, Terrorism and Homeland Security. Prior to being elected to serve in Congress, Louie was elected to three terms as District Judge in Smith County. He also served as Chief Justice of Texas’12th Court of Appeals.

LONGVIEW — After securing a top 15 spot in the state pageant, Miss Longview USA looks forward to continued success in pageantry and a life of helping others. Andrea Fox and her family caravanned to Houston in a quest to bring home a crown, and although she fell short, she still met her goal of earning a spot in the Top 15 among the 111 contestants.

The Spring Hill High School graduate first started her pageant career two years ago as she competed for Miss Northeast Texas 2011. “She (Amy Haden) invited me to the pageant on Facebook,” Fox said. Fox was crowned first runner-up in the pageant and competed for Miss Texas USA 2012 as Miss East Texas. The pageant contestant returned to vie for Miss Northeast Texas 2012 and once again sealed the title of runner-up, which afforded her the opportunity to represent Longview at this Miss Texas USA 2013 pageant this past weekend.

GREGG COUNTY — A Longview woman is fighting for her life after she’s severely burned in her home Sunday. Jean Jake, 62, is in critical condition at Parkland Medical Center in Dallas after being burned over most of her upper torso. Her husband, Michael Jake, 58, is also in serious condition at the Dallas hospital with burns to the lower part of his body. The fire started in the garage of the couple’s home on Fairview Drive, when gasoline leaking from a motorcycle ignited. When crews arrived, the garage, three pickups, a boat, the motorcycle, and a motor home parked beside the house had been destroyed. Fire crews were able to keep the blaze contained to the garage and kitchen area, which were destroyed. The remainder of the home had extensive smoke damage, and parts of the metal roof were destroyed.

UPSHUR COUNTY — A fire on Sunday destroyed an Upshur County home near Big Sandy. According to the Longview News-Journal, smoke filled the sky as local volunteer firefighters from Big Sandy, Gladewater, Pritchett and Hawkins fought the fire. Upshur County Fire Marshal Paul Steelman, the fire started about 3:54 p.m. at the home at 5984 White Oak Road, west of Cherry Road. The older single-story home owned by Carolyn Tucker was a complete loss, Steelman said. A family of three (including a small child) who were renting the home were not in the house at the time the fire broke out, he said.

Gladewater Fire Chief Wayne Smith said the home was engulfed in flames when crews arrived on the scene. He said crews maintained the fire so it did not spread. The cause of the fire is still under investigation by Steelman. The name of the family renting the home has not been released.

HENDERSON — Casey Larmount Donnell, 39, of Athens, was sentenced to 20 years in prison by 173rd Judicial District Court Judge Dan Moore last Wednesday after pleading guilty to possession of cocaine. According to KETK, Donnell had been charged with Possession of a Controlled Substance Less than One Gram which was a State Jail Felony. That level of offense is only punishable by up to two years in state jail. However, because of Donnell’s prior convictions, the offense was statutorily enhanced up to a Second Degree Felony which carried a minimum of two years and a maximum of twenty years in prison. Donnell plead to the enhanced maximum of twenty years.

The drug charge stemmed from an August 24, 2011 traffic stop by Deputy Greg Hill, of the Henderson County Sheriff’s Office. Hill stopped Donnell on Jonathon Street in Athens. Hill observed Donnell’s vehicle while it was stopped in the middle of the street just after 11:00PM. Ultimately, Donnell dropped a baggie of cocaine while exiting the vehicle. Hill arrested Donnell on site.

After bonding out after the initial arrest, on April 20, 2012, Donnell was again arrested for possession of cocaine by Deputy Joseph Durr of the Henderson County Sheriff’s office. After a traffic stop, Donnell was removed from his vehicle. His nervousness and suspect movements led to a pat down of him for officer safety. Ultimately, Durr found him to be in possession of cocaine.

EAST TEXAS — Texas Department of State Health Services has confirmed 1,127 human cases of West Nile illness in Texas this year, including 50 deaths. In East Texas, 1 death was reported in Cherokee County, 1 in Gregg County and 1 in Panola County. Dallas County has the most deaths recorded at 13.

West Nile is a mosquito-borne virus. There are two forms of the illness, West Nile neuroinvasive disease (WNND) and West Nile fever (WN fever). The symptoms of severe infection from West Nile neuroinvasive disease include headache, high fever, neck stiffness, stupor, disorientation, coma, tremors, convulsions, muscle weakness and paralysis. West Nile fever is the milder form of the illness. Symptoms include fever, headache, body aches, and occasionally a skin rash on the trunk of the body and swollen lymph glands.

DSHS reminds Texans to reduce the risk of exposure by eliminating standing water and other mosquito breeding areas; making sure doors, porch and window screens are in good condition; and using a repellent that contains DEET, picaridin, oil of lemon eucalyptus or IR3535 when outdoors. For more information visit the DSHS website: http://www.dshs.state.tx.us/idcu/disease/arboviral/westnile/

GREGG COUNTY — Longview Fire crews have contained a grass fire off Tryon Road. According to KETK, officials received a call for help just before 2:00 this afternoon. The caller reported flames burning deep in a wooded area behind a house. Authorities did say about an acre burned but officials were able to put a fire line around the blaze to extinguish it before it could reach any structures. The fire was in the area of Wood Lane and Delta Lane. No injuries were reported and authorities said they have not yet determined what started the blaze.

ANGELINA COUNTY — A Lufkin woman is behind bars after attacking her boyfriend with several household items. According to KETK and the Lufkin Daily News, around 4:30 Sunday afternoon, officers were dispatched to the 700 block of Abney Avenue to reports of family violence. A man had reported that he had been assaulted by his live-in girlfriend, Angela C. Santana, 41. The victim told authorities Santana cut his thumb with scissors and hit him over the head with a broom stick. Santana was arrested and charged with aggravated assault. Her bond is set at $20,000. She is currently in the Angelina County Jail.

GREGG COUNTY — An explosion in Longview is still under investigation. According to the Longview News-Journal and KETK, two people were seriously injured in an explosion around 2:50 Sunday afternoon at a house in the 100 block of Fairview Drive. Officials have identified the couple as Michael and Jean Jake. Authorities tell KETK, Michael has serious injuries. Jean’s wounds are described as life threatening. They were both transferred via helicopter to Parkland Medical Center in Dallas for treatment.

Longview Fire Marshal Johnny Zackary said the fire started in the garage of the couple’s home when gasoline leaking from a motorcycle ignited. The motorcycle had been cranked and was inside the garage when the fuel leak occurred. When firefighters arrived, the garage, three pickups, a boat, the motorcycle, and a motorhome parked beside the house had been destroyed. Fire crews were able to keep the blaze contained to the garage and kitchen area, which were totally destroyed. There was extensive smoke damage to the rest of the house, Zackary said.

SMITH COUNTY — A grass fire close to Winona on County Road 3102 has now been contained. Several crews, including: Winona, Jackson Heights and Chapel Hill Volunteer Fire Departments are on the scene. According to KETK, the fire was initially reported around 2:20 Sunday afternoon.

TYLER — This year Tyler will once more host the Brookshire’s Firefighter Combat Challenge — with a new wrinkle. The Combat Challenge is a competition that pits firefighters against one another, racing a course designed to simulate some of the day-to-day obstacles firefighters face. This year, in an effort to bring more awareness and community involvement, the Challenge is open to the public. All a team needs is five competitors, a $200 entry fee, and courage. Teams will be assigned a practice schedule and be instructed on the different obstacles by Tyler firefighters. Ten percent of proceeds to this year’s event will be donated to Tyler Firefighters Cancer Awareness Relief Effort (CARE).

The event is scheduled for Oct. 12-13. All activities will take place in the parking lot on the south side of Broadway Square Mall, 4601 S. Broadway Ave. The event is free to the public thanks to community sponsorships. Those interested in sponsorship opportunities should contact Brent Hail at [email protected] or call 903-721-2706. If you are interested in registering a team for the Challenge, you can contact Jeremy Driver at [email protected] or 903-721-1503.

TYLER — PATH Week is underway in Tyler, running Sept. 9-15. The week’s events are designed to raise awareness of the interfaith human needs organization and encourage support for it. This year’s highlights are Tuesday’s Prayer Luncheon at Christ Episcopal Church and Thursday’s Philanthropy Dinner at The Arbor on Roy Road. You can visit http://www.pathhelps.org for more information.

QUITMAN — A motion is made to toss aside a suit that claims God has no place in the courtroom. The conservative Liberty Institute calls the suit, which seeks to stop Wood County commissioners from opening sessions in prayer and displaying the motto “In God we trust,” frivolous. The institute’s Jeff McTeer says, “So, for over 200 years,
we’ve respected and acknowledged the role of religion in our society. This case is an attack on that 200-plus-year history.” But Dr. Timothy Gorsky with the North Texas Church of Freethought says not so fast. He says, “That doesn’t mean that this is legal and is not an illegal endorsement of religion, which the Constitution bars the government from doing.” He says coins and currency didn’t have “In God we trust” on them until after the Civil War.

WELLS — The autopsy of a 3-day-old infant, found 15 hours after her death in May, found that the baby died of natural causes. The Cherokee County Sheriff’s Department received a call regarding the death of infant Faith Pursley at 4 a.m. on May 27, although the death occurred 15 hours earlier around 12:45 p.m. on May 26. According to the Jacksonville Daily Progress, the caller told officials they had prolonged calling first-aid responders because they were praying over the child. The parents are allegedly members of the “Church of Wells.” Officials said they are unsure of where the baby was born. The autopsy report, which was signed by the medical examiner on Aug. 21, shows the infant died of a heart condition called pulmonary valve stenosis.

EAST TEXAS — State officials on Friday reported 26 new confirmed cases of West Nile virus in Texas since Thursday and four more deaths in Cooke, Ellis, El Paso and Fayette counties. The death toll in Texas from West Nile illness stands at 47 people. One new case of West Nile fever was reported Friday in Gregg County, while two new cases were reported in Smith County, health officials said.

One new case of the more severe West Nile neuroinvasive disease was reported in Rusk County. According to the Longview News-Jpurnal, all other East Texas counties reported no new incidents of either form of the illness Friday. This has been the worst year for West Nile virus in Texas, which has seen about half of the country’s deaths from the illness this year. The Texas Department of State Health Services reported at least 536 cases of neuroinvasive West Nile, considered the most serious form of the illness because it affects the nervous system.

That figure was up from the 523 cases of neuroinvasive West Nile reported Thursday. That’s already worse than in all of 2003, when Texas had 439 neuroinvasive cases and 40 deaths.

SMITH COUNTY — The parents of Jacob Kimbley, who was found dead near his Winona-area home in late August after a long overnight search, were denied visitation rights with their other five children by a judge on Friday. KETK reports the children remain in CPS custody for the time being. Parents David and Sabrina Kimbley remain in jail. 2-year-old Jacob Kimbley’s death has caused a lot of speculation. It still has not been determined whether the toddler’s death was just a game of hide and seek gone bad, or foul play. The case is being investigated as a homicide, as are all such cases, until more information comes in. Autopsy results are still pending, as initial results required further tests.

LONGVIEW — A vehicle crashed into an office building Friday morning in the 400 block of North Center Street in downtown Longview. According to KETK and the Longview News-Journal, witnesses said at about 9:30 a.m. the vehicle partially went into the brick structure of the Center Street Professional Building. The part of the building the vehicle struck is an office rented by the East Texas Tourism Association. Peggy Henderson, who works in the building, said she heard the crash. “I thought I heard a scream, and then I heard a screech,” Henderson said. “Then I heard a boom as if something had fallen on top of the building.” Witnesses said the driver of the vehicle was not hurt but that the woman who works in the office the vehicle struck was being checked out for a possible arm injury.

HENDERSON — Rusk County District Attorney Micheal Jimerson said Thursday that recent motions for new DNA testing submitted by two men convicted in the Kilgore KFC murders were not properly filed with the court, and a judge already denied identical motions submitted earlier by the pair. Cousins Darnell Hartsfield and Romeo Pinkerton are serving five life sentences in the 1983 abduction and murders of five people from a Kentucky Fried Chicken in Kilgore. According to KETK and the Longview News-Journal, State District Judge Clay Gossett turned down a request for new DNA testing made by Hartsfield and Pinkerton in January. In his denial dated Jan. 18, the judge ruled the DNA already has been tested and compared to the men’s DNA profiles using modern testing methods.

Mary Tyler, 37, Opie Ann Hughes, 39, Joey Johnson, 20, David Maxwell, 20, and Monte Landers were fatally shot in rural Rusk County after being abducted from the Kilgore restaurant. Hughes also was raped by attackers. The case went unsolved for decades until DNA testing performed in 2001 pointed to the two cousins.

Pinkerton pleaded guilty in the third week of his 2007 trial, but Hartsfield has maintained his innocence. Both men filed motions requesting DNA testing by an independent lab several times, and Gossett has continually struck down the motion, citing testing done by several labs including one hired by the men’s attorneys. “As such, this court finds that there are no reasonable grounds for said motion and consequently no need for appointment of counsel. Therefore, the motion, is in all things, denied,” Gossett wrote in his order. Prosecutors have argued the killings were to cover up the robbery of about $2,000 from the restaurant.

LONGVIEW — Authorities say federal and local agencies worked together in August to bust a budding check counterfeiting ring that had allegedly printed and cashed thousands of dollars in fake payroll checks. That’s according to KETK and the Longview News-Journal. “This is one that we got to quick enough to basically cut the head off,” said Kristie Brian, spokeswoman for the Longview Police Department. Four people were arrested in August in connection with a ring of forgers police said were led by Brian Harkless and his girlfriend, Shun Lnu. Harkless was charged Aug. 29 with engaging in organized criminal activity. Brian said a warrant has been issued for Lnu’s arrest.

Police said the ring operated from an apartment in the 500 block of Garden Lane in Henderson, but Brian said they tried to pass the checks in Longview stores. One of the stores hit by the forgers was Skinner’s Grocery and Market. Employees at Skinner’s cashed at least two forged checks before they became aware of foul play. Brian said a Crimestoppers tip led to an arrest in the ring.

TYLER — The Democratic nominee looking to fill Kay Bailey Hutchison’s Senate seat was in the Rose City Thursday. KETK reports Paul Sadler talked with students at a TJC government class. A former state representative and Henderson attorney, Sadler is running against Republican and tea party favorite Ted Cruz. He says meeting East Texans and revisiting issues is important to his campaign.

Referring to Cruz, Sadler told students, “He has said He’s going to abolish the Department of Education, Energy and Commerce, TSA, IRS. That cuts almost $6 billion in public education. It abolishes student loan programs for college students. It abolishes early education Head Start. It abolishes some of our teacher assistants and our economically disadvantaged students.” Sadler says Cruz has a radical agenda and says his positions are more mainstream. You can check http://www.sadlerforsenate.com and http://www.tedcruz.org for more on each candidate.

TYLER — The City of Tyler will be installing a new manhole and six inch sewer service on Fleishel Avenue near Mother Frances Hospital this weekend. Because of heavy weekday traffic in the area, Fleishel Avenue will be closed between Dawson Street and east Houston Street from 7 a.m. to 7 p.m. today to complete the work. Drivers should use an alternate route. The recommended southbound alternate route: drive east to Houston Street, south on Baxter Avenue then west back on Dawson Street to Fleishel Avenue. The recommended northbound alternate route: turn east on Dawson Street, then north on Baxter Avenue, then west on Houston Street back to Fleishel Avenue.

RUSK COUNTY — Rusk County Constable Benjamin Thomas Ferrell charged with federal drug and weapons charges pleaded guilty Tuesday to the weapons count, the spokeswoman for the Eastern District of Texas confirmed Wednesday. According to the Longview News-Journal, drug distribution and drug possession conspiracy charges against Ferrell, 37, of Henderson, were dropped as part of his plea agreement in federal court, spokeswoman Davilyn Walston said. The charges coincided with his failed re-election bid in a spring primary election.

Sentencing has not been scheduled. Ferrell faces up to 10 years in prison and a fine of up to $250,000 after pleading guilty to transfer of a firearm to a prohibited person. The guilty plea amounts to a resignation from elected office.

Ferrell and his wife, Amanda Gayle Ferrell, were arrested in March by federal agents working with local investigators. The constable initially faced up to 45 years in prison on charges of conspiracy to possess with intent to distribute controlled substances and the firearm count. Ferrell’s wife was arrested on a state charge of manufacture and delivery of a controlled substance.

ANGELINA COUNTY — A Lufkin man is killed Wednesday night after being struck by a car while attempting to cross state Highway 94 west on foot. According to KETK and the Lufkin Daily News, James Harvey Knight, 68, was pronounced dead at the scene following the accident that happened around 8:40.

ANGELINA COUNTY — A Huntington man is behind bars for allegedly killing another person on Wednesday, according to Angelina County jail records. According to KETK, Rayvon Lee Bizzell, 22, is charged with murder, a first degree felony. Bizzell is accused of shooting 26-year-old Daniel Cano in the back at his home on the 400 block E Lynn Street. Cano was taken to a Lufkin hospital where he was pronounced dead. Authorities believe the shooting happened involving a dispute over an alleged stolen gun. Bizzell is currently being held in the Angelina County Jail. His bond is set at $200,000.

CHARLOTTE, NC — After two straight weeks, the political conventions are over as the Democrats wraped things up last night in Charlotte. KTBB’s Paul Gleiser has been covering all of it. The event reached its climax Thursday night when President Obama took the stage for his acceptance speech.

Confetti and Bruce Springteen music filled the arena as the Democratic National Convention concluded Thursday with President Barack Obama telling delegates that the journey ahead won’t be easy, but it will lead to a better place.

Follow Gleiser on Twitter @KTBBdecision12 or online at http://www.ktbb.com/decision2012

TYLER — A motion will be heard next Friday to dismiss three criminal charges against former Smith County Constable Dustin Rust. The motion was filed by special prosecutor Lance Larson.

Rust resigned last month after being indicted by a Smith County grand jury on charges of theft and running a security company without a license. When he resigned, he said he had accepted another supervisory law enforcement job, but would not elaborate.

According to the motion, Rust last monthentered into a written agreement that he would resign and repay $7,698 “for the time and cost of vehicles used by deputy constables while on duty with the county and working security.” The motion adds that Rust would report to community supervision for a year and complete conditions of the probation. If the probation was violated, the case would be refiled.

State District Judge Jack Skeen will hear the dismissal motion on September 14.

TYLER — Texas House Speaker Joe Straus was in East Texas Thursday, fielding questions about the state from local business and medical leaders. Strauss had stops in Tyler and Marshall. The people had their concerns, especially in the area of education.

Texas has had to make major cuts to education, but speaker Straus tells KETK that the state faced a $27 billion shortfall, and according to Straus, “We balance our budget in Texas.” But education is still the largest piece of the budget pie, and speaker Straus says it will stay that way.

And at Texas Spine and Joint Hospital, there were questions concerning healthcare in general. Speaker Straus is a state co-chairman for presidential candidate Mitt Romney’s campaign, and he says the country can do something about that, when November comes around.