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POYNOR – The Department of Public Safety has identified the man killed in a one vehicle accident 4 miles north of Poynor. Killed was Matthew Joseph Bradley, 37, of Malakoff. The DPS report said his tires drifted off the right side of the road and he overcorrected. His vehicle then left the other side of the road and flipped and hit a tree. Bradley was rushed to East Texas Medical Center Athens where he died. The accident happened around 8:30 Wednesday morning on Farm Road 315.

TYLER — The Tara McSwain trial has been continued until the week of June 18. The case had most recently been on the docket for this week in Tyler’s 7th State District Court. The DA’s office explains that the trial was bumped due to a load of trials involving jailed suspects. Jailed defendants’ cases are given priority when scheduling trials; McSwain is currently out on bond.

McSwain, 38, is the former owner/manager of East Texas Billing and former manager of Apple Swim & Fitness Center. She faces nine counts of fraudulent possession of a controlled substance, a 3rd degree felony. Last June 16, an employee of Walgreens at 5415 S. Broadway called police and said there was a woman in the drive-thru attempting to pick up a fraudulent prescription for hydrocodone. Patrol officers and vice investigators arrived on the scene and took McSwain into custody after further investigation.

Investigators say they found several pieces of paper with physicians’ and patients’ names on them in McSwain’s purse. Police say the materials were discovered during the search incident to arrest and were believed to be used in a fraudulent manner. Police say because of her billing service for physicians, McSwain had access to doctor and patient information.

After investigators contacted several physicians and former patients, they say they developed probable cause that on six different occasions in 2011, McSwain provided fraudulent information to obtain a controlled substance from pharmacies in Tyler. On June 23, investigators arrested McSwain on six warrants for fraudulent possession of a controlled substance. McSwain was booked into Smith County Jail on a total bond of $120,000, set by Judge Randall Rogers.

TYLER — For the second consecutive year, the City of Tyler has published its Annual Report as an E-Book, with linked video, and as a printed document with QR Codes. The 20-page report outlines the financial status of the City and highlights new programs and achievements from 2011. “Because city revenue has continued to be lower than anticipated, we again made the decision to forgo printing the 25,000 copies of the annual report that we have printed in past years,” commented Mayor Barbara Bass. “By choosing to publish the report electronically, we have saved nearly $10,000. Also, the E-report is more interactive and environmentally friendly.” You can go to https://www.cityoftyler.org/ to access the report.

TYLER — Area law enforcement once again will be participating in the Click-It-or-Ticket enforcement program. The Texas Department of Transportation and its law enforcement partners kicked off the 11th Annual Click-It-Or-Ticket campaign at a press conference Thursday morning at T.B. Butler Fountain Plaza in downtown Tyler.

Officers will be stopping violators for not wearing their seat belts from May 21 through June 3. 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.

TYLER — A judge has denied Kerry Max Cook’s request to move his case out of Smith County. According to KETK, he’s trying to prove he did not murder Linda Joe Edwards, Tyler, in 1997. Cook wants new DNA testing in hopes of being formally declared innocent. Judge Christi Kennedy will take on Cook’s case. Cook believes he won’t get a fair trial because Judge Kennedy’s husband worked for former prosecutor, Jack Skeen, who originally sent Cook to death row.

TYLER — A candidate for Upshur County constable was hospitalized in Tyler after a wreck early Wednesday. Two days earlier, Gary Wayne Henson had been arrested in Gilmer on assault charges. According to the Department of Public Safety, Henson, 34, ran the stop sign on Farm Road 555 at State Highway 154 in Gilmer shortly after midnight Wednesday. His vehicle landed in a ditch on the other side of Texas 154. Henson was taken to East Texas Medical Center in Gilmer after the wreck, and then transported by ambulance to East Texas Medical Center in Tyler.

Henson is a candidate for Upshur County Pct. 4 constable in the May 29 GOP primary. He was arrested Monday by Gilmer police and charged with assault causing bodily injury family violence. He was booked into the Upshur County Jail and released on $3,000 bond, according to judicial records.

Henson is opposing incumbent Pct. 4 Constable Phillip Hill and Dewayne LaGrone in the Upshur County primary.

NACOGDOCHES COUNTY — The Nacogdoches County Sheriff’s Office assisted the U.S. Marshall’s Office in arresting James Alan Garrett, 52, on an outstanding federal warrant. According to KETK, Garrett, who was paroled from federal prison after serving 23 years for armed robbery, was listed as a federal fugitive after he refused to report to his parole officer and boasted that he would never go back to prison.

Officers began the search near Chireno, where Garrett was supposed to have been living. He was not present at the home when deputies arrived, but was later located in the parking lot of a local nursing home located along U.S. 59 in Nacogdoches. After finding himself quickly surrounded by officers, Garrett was arrested without a struggle.

At the time of his arrest Garrett was wearing two layers of clothing and was carrying items commonly used during the commission of a robbery. Garrett was wearing a set of dark colored clothing underneath a layer of red colored clothing so that his appearance could be quickly changed. Garrett was armed with what first appeared to be a semi-automatic hand gun, but turned out to be an air pistol concealed in the waistband of his pants.

TIMPSON (AP/Staff) – A moderate earthquake rattled an area in east Texas near the Louisiana border. National Earthquake Information Center geophysicist Amy Vaughan says the quake happened at 3:12 a.m. Thursday and had a magnitude of 4.3. It was centered near Timpson, Texas. Shelby County Sheriff’s dispatcher Jacob Allen says the only injury reported they’ve received is an elderly woman who fell out of her bed and cut her arm. Allen says the quake caused broken windows and fallen dishes, but no major damage has been reported. Vaughan says the quake was felt within 75 miles of its epicenter. There have been reports of tremors in Smith and Gregg Counties. Vaughan also said the quake area was the site of a 3.9 magnitude quake on May 10.

LONGVIEW -– Longview police seek suspects after a Tuesday night shooting left one dead and two injured. Just before 10:00 Tuesday night, officers were dispatched to a shooting just occurred in the 2900 block of Signal Hill Drive. When officers arrived they found Deaundray Lamanze Rossum, 23, of Kilgore, deceased from an apparent gunshot wound, inside a vehicle. Police located another male inside an apartment at the location. That victim had also been shot several times and was transported to Good Shepherd Medical Center. During the investigation another victim was brought by private vehicle to Good Shepherd. Both victims sustained gunshot wounds but these injuries were non life-threatening.

Police believe that the suspects in this shooting were black males and may have been wearing hoodies. The case remains under investigation at this time. Anyone with information related to this investigation is encouraged to call Detective Kevin Freeman at 903-237-1199 or remain anonymous by contacting Gregg County Crimestoppers at http://www.greggcountycrimestoppers.org or 903-236-STOP (7867).

TYLER — Smith County Sheriff’s Deputies check up on convicted sex offenders. Currently 264 registered sex offenders live in the county. That’s a number deputies say is growing, and they attribute the climbing stats to law enforcement’s job of catching and convicting them. Deputies tell KETK three offenders were arrested in the sweep, two for non-payment of child support and one for possession of a firearm.

SMITH COUNTY — Several fire departments were called out to a fire that destroyed a structure in Chapel Hill. According to KETK, the fire was reported just after 9:30 Wednesday morning in the 13,000 block of County Road 2241 off of Old Omen Road. No one lives in the home that burned, according to authorities at the scene. The fire was put out, but crews remained on the scene to keep an eye on hot spots. No word on the cause of that fire.

TYLER — The state has presented its evidence against a Whitehouse woman accused of killing her babysitter, and now the defense is presenting its case. Kimberly Cargill has been charged with capital murder in the June 2010 death of Cherry Walker. Walker was killed one day after she was subpoenaed to testify in a custody hearing over Cargill’s 4-year-old son. Cargill testified yesterday that walker died of a seizure. Cargill said she tried CPR on her, but was unsuccessful. She then testified that she burned the body.
If convicted, Cargill faces the death penalty.

LONGVIEW (AP) – The state will begin offering permits for game hunters to use silencers on their guns, effective September 1. The Texas Parks and Wildlife Commission adopted rules in March that permit the use of silencers for the hunting of alligators, game animals or game birds. Such devices already were legal for the hunting of exotic animals, including feral hogs. However, hunters will still have to apply for state permits to have and use silencers. Longview gun dealer Bob Godell tells the Longview News-Journal the change is “long overdue.” Longview hunter Earl Ates, a lifelong National Rifle Association member, says he doubts the benefits of silent hunting, though, and worries about its use for poaching and other illegal activities. He says silencers “can also go against making a humane kill.”

FORT WORTH (AP) — Legendary classical pianist Van Cliburn is parting with more than 150 items he acquired over five decades performing around the globe. The items will be part of a Christie’s auction Thursday in New York City. They include a silver soup tureen from the collection of a daughter of a 19th century Russian Czar.

Cliburn, who grew up in Kilgore, says he’s contemplated the sale for years, since moving belongings out of homes in two other states to his Fort Worth mansion. Cliburn started collecting the furniture, paintings and jewelry after winning the first International Tchaikovsky Competition held in Moscow at age 23. The 1958 event was at the height of the Cold War, and the lanky Texan quickly gained international fame.

The Fort Worth Star-Telegram reports that Cliburn is keeping plenty of his treasures.

RED SPRINGS — Officials say a fire that struck a Red Springs home was caused by an unattended burner. Authorities tell KETK a man was cooking and left the burner on underneath a pan of grease, sparking the fire. Three fire departments were called to put out the blaze, but not before major smoke and water damage was done to the inside of the home, on County Road 38 just off Farm Road 14. No injuries were reported.

TYLER — An “Early Voting Countdown to Election Day U.S. Senate Debate” is set for Wednesday in Tyler, sponsored by Grassroots America – We the People. It’s to be held at Lakeview Church of Nazarene, 10818 Spur 248. Doors open at 5:30 p.m. for a meet and greet with the candidates. Preliminary activities begin at 6:15 with a prayer, the Pledge of Allegiance, and rules of engagement. The debate begins at 6:30 p.m. with a target close of 8:15 p.m.

Confirmed candidates are Ted Cruz, Tom Leppert, Craig James, Glenn Addison, and Lela Pittenger. No official word from the David Dewhurst campaign on whether the Lt. Governor will appear or the campaign will send a surrogate. A stand-in will be expected to participate with the other candidates and conform to all debate rules. Panelists for the debate will be representatives from local media and Grassroots America’s executive director JoAnn Fleming. Fleming says the public is encouraged to attend.

TYLER — A Gregg County man has pleaded guilty to possession with intent to distribute marijuana. Stephen Lehmann, 37, of Longview, appeared yesterday in Tyler Federal Court before United States Magistrate Judith K. Guthrie.

Lehmann was indicted by a grand jury on March 8, along with one co-defendant. According to the evidence presented in court, from a date prior to November 1, 2011, and continuing through that date, Lehmann agreed with other persons to acquire and distribute marijuana in the East Texas and elsewhere. Authorities say Lehmann and his co-defendant possessed more than 5 kilograms of marijuana. Lehmann faces no more than 5 years in prison, a $250,000 fine, and at least 2 years of supervised release.

ALBA — A man who disappeared early Tuesday is sought by authorities in Wood County. Around 1:00 that morning, the Wood County Sheriff’s Office got a call from a woman claiming her husband had become upset and left their home on foot after saying he was going to kill himself. Wood County officials and citizens searched for the man in the area around their home on the 2700 block of Farm Road 17 in Alba, but he was not found. The woman, Mrs. Haley, says her husband was last seen wearing a dark green shirt, blue jean shorts, and flip flops. Mr. Haley is 62 years old and has a short mustache and goatee. He is about 5’10”, with brown eyes and hair. He has friends in the Dallas/Ft. Worth area. If anyone has seen or had contact with Mr. Haley, you’re asked to contact the Wood County Sheriff’s Office at 903-763-2201 or contact your local police agency.

GILMER — A man seeking political office in Upshur County was arrested and booked into the county jail Monday, records show. That’s according to KETK and the Longview News-Journal. Gary Wayne Henson Jr., 34, who is a candidate for Pct. 4 constable, was arrested by Gilmer police, charged with assault causing bodily injury family violence, and booked in the county jail at about 5:20 p.m. Henson was released on $3,000 bond about 9:45 p.m., judicial records show. Henson is opposing incumbent Pct. 4 Constable Phillip Hill and Dewayne LaGrone in the Upshur County Republican Party Primary.

LONGVIEW — A Longview man who went out for a late night meal ends up in the emergency room. He was pistol-whipped late Sunday night. Longview police tell KETK it happened in the drive-thru of a Jack in the Box off Estes Parkway. They say the passenger was pistol-whipped after refusing to give some thieves money. After the assault, police say the driver of the vehicle got out and began fighting the attackers before they ran off.

LONGVIEW – A Longview jury has found the company that makes a fire department ladder truck and the Kilgore Fire Department jointly responsible for an accident that killed two firemen. The deaths occurred during a training exercise in 2009. The jury deliberated around four hours yesterday following the eight day trial. The wrongful death suit had been brought by the family of fireman Kyle Perkins. He, along with fireman Cory Galloway, died in the accident.

The jury awarded over $800,000 in damages. The Longview News Journal reports, since the jury found that the Kilgore Fire Department was partially to blame for the accident, all but $192,500 awarded as punitive damages will be cut in half. And there is a question about the $ 192,000 in punitive damages. State District Judge Alfonso Charles told the panel the question leading to that verdict must have a unanimous answer. The jury voted 10 to 2 that the fire truck maker E-One was grossly negligent.

TYLER – An assistant professor of electrical engineering at The University of Texas at Tyler, Dr. Hector A. Ochoa, has received the “Best Faculty Paper Award” at the 2012 American Society of Engineering Education Gulf South West Annual Conference. The award recognizes outstanding professional development in “Bridging Theory and Practice in Engineering and Technology Education” for his work with linear circuits instruction. In the peer-reviewed paper, “An Online Course in Linear Circuits Analysis for Electrical Engineers,” Ochoa discusses his development and implementation of an online course in linear circuit analysis. The course was launched at UT Tyler last summer.

LONGVIEW — The City of Longview is warning customers about a scam that targets water utility customers. It has already impacted some Longview residents. As part of the scam, customers are told that President Obama and the federal government will provide a credit or directly pay utility bills. The scammers then give customers a fraudulent bank routing number with which to pay the bills.

Reports from other parts of the country state that scammers have contacted customers by a variety of methods, including text message, social media, phone, and door-to-door. Since May 9, approximately 33 customers have attempted to use the fraudulent account number in Longview.

According to Willie Marshall, Customer Service Manager with the City of Longview Water Utilities, “Our customers need to know that there is scam out there, and that the bank routing number given is fraudulent. The federal government is not providing a credit for their local water utilities account.”

Customers are encouraged not to provide strangers with any personal information. Customers who used the fraudulent bank routing number are still responsible for their water utilities bill and should make arrangements for payment. To arrange for payment, please contact the Longview Water Utilities Department at 903-237-1030. Customers with any information about the scam are encouraged to contact the Longview Police Department at 903-237-1199.

TYLER — Significant damage is reported from a fire in Tyler’s Azalea District. The Tyler Fire Department responded to the two-alarm blaze Monday at 1122 South Chilton. The initial call was received shortly after 2:00 yesterday afternoon, and the caller reported a house with flames showing out of a second floor window. The first arriving unit called for a second alarm and reported a working fire on the second floor. Five engines and one ladder company, along with two district chiefs and an investigator, responded to the scene.

The fire apparently originated in a bedroom on the second floor. This room sustained heavy fire damage, and there was smoke and water damage throughout the rest of the house. Residents were not at home when the fire started. The fire remains under investigation.

TYLER – Tyler Police Monday located the woman was allegedly involved in an aggravated assault on North Grand. Investigators made contact with the suspect, who showed up at a local hospital to be treated for injuries she reportedly sustained during the altercation. Investigators are interviewing people who were present at the scene or involved in the incident. Police say the case remains under investigation and further details will be released when made available.

The incident left several persons injured. It happened just before 2:30 Monday morning in the 2100 block of North Grand. Tyler police say two women started fighting inside a building owned by a local motorcycle club. The fight eventually moved to the parking lot. Investigators say that one of the women, who was about 25 years of age, got into a tan or grey Ford SUV. A witness said the woman fled the parking lot only to turn around and come back running over three people. Two men were taken to Mother Francis Hospital by private vehicle. A woman was taken by EMS to Mother Frances Hospital. According to Patrol Sergeant Jason Burton, their injuries were serious but not life threatening.

TYLER — As a part of National Police Week (May 7 thru May 16), the nation is paying tribute to peace officers from across the country who have sacrificed their lives in the line of duty. Monday at noon, a Memorial Service was held on the Downtown Square in Tyler. Honor Guards from the Tyler Police Department, Texas Department of Public Safety, Smith County Sheriff’s Office and Lindale Police Department took part in the ceremony to honor area Law Enforcement Officers who have lost their lives in the line of duty from May 2011 to May 2012.

In 2011, 166 officers died in the line of duty, and in 2012 to date, 36 officers have died in the line of duty throughout the country. Once again, Texas led the country with the death toll of 13 peace officers in 2011 and 2 officers in 2012, including our own Smith County Deputy Robert Britton Jr. on March 28, 2011. In 2011, the average age was 41 and average tour of duty was 12 years 9 months. The event included the posting of the colors, a wreath ceremony, Taps, a 21-gun salute, a riderless horse and a fly-over by a Texas Department of Public Safety helicopter. Families of fallen officers and members of the public attended the ceremony.

CANTON — Van Zandt County authorities report an arrest and the recovery of some stolen property. On May 10 around 5:00pm, Deputy C. Hughes was dispatched to County Road 4418 in reference to a burglary that occurred possibly on May 9. Deputy Hughes was able to obtain information that led to the identity of the suspect and the whereabouts of the stolen property. During Deputy Hughes’ follow-up investigation, he contacted Criminal Investigator J. Burns. Together they identified the suspect as Robert Gipson and were able to recover 100% of the stolen property, which was valued at approximately $1,600. Gipson was arrested on a warrant and placed in the Van Zandt County Jail for burglary of a building, where he currently remains with a bond set at $15,000.

LONGVIEW — A two vehicle accident in Longview has left one person dead and three injured. The accident was reported around 6:00 Friday evening in the 2500 Block of West Marshall. Killed was Kevin Blake Gassett, 26, of Greenville. His pickup was hit by an SUV that hydroplaned on the road. It was driven by Thomas Montgomery of Gladewater. Montgomery and his passenger, Charles Deshaun Simmons we transported to Good Shepherd Medical Center along with Russell Wayne Nolan, 27, a passenger in Gassett’s pickup. All of the injuries were said to have been non-life-threatening.

EAST TEXAS — Just two days after the municipal elections, early voting got underway Monday in the Texas primary elections. The final day to vote early is May 25; Election Day is May 29. The primaries determine November candidates for state, county, and national offices.

Of key interest in Smith County is the sheriff’s election. Bobby Garmon, Chris Green, Larry Smith, and Donn Rust are on the GOP ballot; they’re vying to succeed longtime Sheriff J.B. Smith, who is retiring. There are no Democratic candidates. In another Tyler-area race, District 6 Texas House incumbent Leo Berman faces a challenge from Matt Schaefer in the Republican primary. In the District 7 GOP primary, incumbent David Simpson squares off against fellow Longview resident Tommy Merritt, who was defeated by Simpson in 2010. Both of those races also lack Democratic opposition. For more information on the elections, you can go to http://www.sos.state.tx.us/ or contact your local election office.

EAST TEXAS — Voters pass a $25 million bond issue for construction of a new nursing and health sciences building at Tyler Junior College. In Saturday’s election, the proposal won 54.82% of the vote. TJC President Dr. Mike Metke says, “I think it’s a victory for really everyone who lives here. It’s gonna mean those good jobs will be filled by local people, and we’ll grow some of our own future nurses and health professionals.” The other half of the $50 million project will be funded by donations and student fees. Metke expects ground to be broken by the end of the year.

In the race for Tyler City Council District 2, Darryl Bowdre took 51.87% of the ballots cast to prevail over Sarah Coats and Charles Burns. The current office holder, Donald Sanders, must leave the council due to term limits. Go to http://www.smith-county.com/Government/Departments/Elections/Default.aspx for complete results around the county.

Unofficial election results for the City of Longview show Jay Dean, John Sims, and Gary Smith as winners of the races for Longview Mayor, City Council District 1, and City Council District 2, respectively. You can visit http://longviewtexas.gov/city-elections for complete results of the Longview city elections. And another town has decided to allow liquor sales, according to KETK. Voters in Rusk passed a proposition to that effect with around 250 votes in favor and around 160 against. Three years ago, Rusk residents had voted to allow beer and wine sales.