Today is
Sunday November 24, 2024
DALLAS (AP) – Southwest Airlines will revamp its board and the chairman will retire next year, but it intends to keep CEO Robert Jordan after a meeting with hedge fund Elliott Investment Management, which has sought a leadership shakeup at the airline including Jordan’s ouster.
HOUSTON (AP) — A former Houston police officer is responsible for the 2019 deaths of a couple during a raid of their home because his lies on a search warrant wrongly portrayed them as dangerous drug dealers, a prosecutor told jurors on Monday.
An attorney for the former officer, Gerald Goines, admitted her client lied to get the search warrant but said his actions do not merit a murder conviction, and placed the blame for the deaths on the couple.
Goines is charged with two counts of murder in the January 2019 deaths of Dennis Tuttle, 59, and his 58-year-old wife Rhogena Nicholas. Goines has pleaded not guilty.
The couple, along with their dog, were killed after officers burst into their home using a “no-knock†warrant that didn’t require them to announce themselves before entering. Goines secured the warrant from a judge.
During opening statements in the trial, prosecutor Keaton Forcht told jurors that Goines, 59, had lied to get the warrant by falsely claiming that an informant had bought heroin at the couple’s home from a man with a gun. Goines would later change his story to claim he had bought the drugs himself but authorities say that was also a lie.
Forcht said authorities were first directed to investigate Tuttle and Nicholas after a neighbor falsely claimed on 911 calls that her daughter was being given heroin by the couple at their home. The neighbor was later convicted in federal court for those false claims.
“It’s based on lie after lie after lie,†said Forcht, with the Harris County District Attorney’s Office.
Authorities found no evidence that Goines, with the narcotics unit, had investigated the neighbor’s claims, sent an informant to buy drugs or had himself gone to the home, Forcht said.
Goines created an environment “clearly dangerous to human life†by claiming the “no-knock†warrant was needed because officers would be in serious danger from the couple, Forcht said. Investigators later said they only found small amounts of marijuana and cocaine in the house.
Forcht said officers immediately fired their guns upon entering the home. Nicholas, who had cancer, had been sitting on her couch watching television while her husband was asleep in a bedroom, he said.
“But for the actions of Gerald Goines, those two homeowners would still be alive,†Forcht said.
The prosecution’s first witness, Sarah Sanchez, a neighbor and friend, portrayed the couple as people who mainly kept to themselves, had various health problems, lived on a fixed income and loved their dogs.
Goines’ lawyer, Nicole DeBorde, admitted to jurors that her client had lied to obtain the search warrant but, she said, prosecutors had overcharged him for his actions.
“He didn’t murder anybody. He is not legally responsible for murder,†DeBorde said. “This is the case of the wrong charges being filed. There are other consequences for him.â€
DeBorde said Nicholas and Tuttle were responsible for their own deaths. Tuttle fired at officers who had identified themselves after coming in, wounding four of them, she said. A fifth officer was also injured during the raid.
“Nicholas’ choices to not respond to instructions by police and to try and grab the gun of a fallen officer is the cause of her death,†DeBorde said.
During afternoon testimony, Goines’ lawyers suggested that the couple were aware that it was police officers who had entered their home because they identified themselves as such and wore tactical gear that bore the word “police.â€
Forcht said Tuttle might not have been focused on or been able to read the shirt of the person who had entered his home and fatally shot his wife and dog.
DeBorde has accused prosecutors of generating excess publicity in the case, preventing Goines from getting a fair trial.
If convicted, Goines faces up to life in prison.
Testimony in the trial was to resume Tuesday.
Michael Wynne, a Houston-based criminal defense attorney and former prosecutor not connected to the case, said Goines will have too many hurdles to overcome during his trial.
“Mr. Goines has the best counsel you could possibly get,†Wynne said. “But I think they got an uphill battle here.â€
The probe into the drug raid also uncovered allegations of systemic corruption.
A dozen officers tied to the narcotics squad that carried out the raid, including Goines, were later indicted on other charges following a corruption probe. A judge in June dismissed charges against some of them.
Since the raid, prosecutors have reviewed thousands of cases handled by the narcotics unit.
The Texas Court of Criminal Appeals has overturned at least 22 convictions linked to Goines, who also faces federal charges.
One of the other cases tied to Goines that remains under scrutiny is his 2004 drug arrest in Houston of George Floyd, whose 2020 death at the hands of a Minnesota police officer sparked a nationwide reckoning on racism in policing. A Texas board in 2022 declined a request that Floyd be granted a posthumous pardon for his drug conviction stemming from his arrest by Goines.
LONGVIEW — The Longview Police Department is investigating the validity of a threat made by a student online, according to Pine Tree Independent School District. On Monday, district officials said they were made aware of a student’s online “threatening remarks†during Friday’s home football game. According to our news partner KETK, the issue was quickly dealt with in cooperation with Longview PD, the district said.
“While our local PD investigates the validity of this threat, we want to remind parents to talk to their students about the seriousness of making any type of threatening comments,†Pine Tree ISD said. “We will always take every threat seriously because nothing is more important than the safety of our students and staff.â€
LOS ANGELES (AP) – The impasse between DirecTV and Disney over a new carriage agreement has become more heated as it entered its second week.
DirecTV filed a complaint with the Federal Communications Commission on Saturday night accusing Disney of negotiating in bad faith.
Disney channels, including ESPN and ABC-owned stations in nine markets, have been off DirecTV since the evening of Sept. 1. That meant DirecTV customers were blacked out from viewing most college football games and the final week of the U.S. Open tennis tournament, including the women’s and men’s finals.
DirecTV has 11.3 million subscribers, according to Leichtman Research Group, making it the nation’s third-largest pay TV provider.
ABC and ESPN will have the “Monday Night Football†opener between the New York Jets and San Francisco 49ers. ABC will also produce and carry a presidential debate between Kamala Harris and Donald Trump on Tuesday in Philadelphia.
ABC-owned stations in Los Angeles; the San Francisco Bay Area; Fresno, California; New York; Chicago; Philadelphia; Houston; and Raleigh, North Carolina, are off DirecTV.
Besides all ESPN network channels and ABC-owned stations, Disney-branded channels Freeform, FX and National Geographic channel are dark.
DirecTV says in its 10-page complaint that Disney is violating the FCC’s good faith mandates by asking it to waive any legal claims on any anticompetitive actions, including its ongoing packaging and minimum penetration demands.
DirecTV has asked Disney for the option to provide consumers with cheaper and skinnier bundles of programming, instead of bigger bundles that carry programming some viewers might not be interested in watching.
The complaint states: “Along with these anticompetitive demands, Disney has also insisted that DirecTV agree to a ‘clean slate’ provision and a covenant not to sue, both of which are intended to prevent DirecTV from taking legal action regarding Disney’s anticompetitive demands, which would include filing good faith complaints at the Commission. Not three months ago, however, the Media Bureau made clear that such a demand itself constitutes bad faith.â€
DirecTV CEO Ray Carpenter said during a conference call with business and media analysts on Tuesday that they would not agree to a new carriage deal with Disney without bundling changes.
“We’re not playing a short-term game,†Carpenter said. “We need something that is going to work for the long-term sustainability of our video customers. The resolve is there.â€
Disney has claimed since the blackout began that mutual release of claims is standard practice after licensing agreements are negotiated and agreed upon by the parties. It has also had one with DirecTV under its past renewals.
A Disney spokesperson said: “We continue to negotiate with DirecTV to restore access to our content as quickly as possible. We urge DirecTV to stop creating diversions and instead prioritize their customers by finalizing a deal that would allow their subscribers to watch our strong upcoming lineup of sports, news and entertainment programming, starting with the return of Monday Night Football.â€
Last year, Disney and Charter Spectrum — the nation’s second-largest cable TV provider — were involved in a nearly 12-day impasse until coming to an agreement hours before the first Monday night NFL game of the season.
PANOLA COUNTY — An East Texas student was arrested on Wednesday after a loaded .38 caliber handgun was found in their vehicle in the school’s parking lot, according to the Panola County Sheriff’s Office.The sheriff’s office said Panola Charter High School notified them at around 9:30 a.m. that a firearm was found in a students vehicle on campus. Deputies say the 17-year-old student was overheard talking about having a gun in his vehicle.
“During a subsequent search by school staff, a loaded .38 caliber handgun was recovered,†according to the report from the sheriff’s office.
The sheriff’s office said the student was taken into custody for possession of a firearm in a prohibited location and was taken to the Panola County Detention Center. ‘We have no reason to believe that this incident was related to any school-related threat,†PCSO said. “Upon review of the situation we have no reason to believe that any specific student or campus was targeted.†Read the rest of this entry »
DALLAS (AP) – Verizon is buying Frontier Communications in a $20 billion deal to strengthen its fiber network.
WASHINGTON (AP) — A decision on whether to reclassify marijuana as a less dangerous drug in the U.S. won’t come until after the November presidential election, a timeline that raises the chances it could be a potent political issue in the closely contested race.
The U.S. Drug Enforcement Administration last week set a hearing date to take comment on the proposed historic change in federal drug policy for Dec. 2.
The hearing date means a final decision could well come in the next administration. While it’s possible it could precede the end of President Joe Biden’s term, issuing it before Inauguration Day “would be pretty expedited,†said cannabis lawyer Brian Vicente.
That could put a new spotlight on the presidential candidates’ positions on marijuana. Vice President Kamala Harris has backed decriminalizing the drug and said it’s “absurd†to have it in the DEA’s Schedule I category alongside heroin and LSD. The Democratic nominee’s position has shifted over the years; she once oversaw the enforcement of cannabis laws and opposed legalized recreational use for adults in California while running for attorney general in 2010.
Former President Donald Trump, the Republican nominee, signaled support for a Florida legalization measure on Saturday, following earlier comments that he increasingly agrees that people shouldn’t be jailed for the drug now legal in multiple states, “whether that’s a good thing or a bad thing.”
During his run for president in 2016, Trump said that he backed medical marijuana and that pot should be left up to the states. But during his first term, then-Attorney General Jeff Sessions lifted an Obama-era policy that kept federal authorities from cracking down on the pot trade in states where the drug is legal.
Trump’s campaign didn’t immediately respond to a query about his position on rescheduling the drug.
The Justice Department proposed reclassifying it in May, saying the change would recognize marijuana’s medical uses and acknowledge it has less potential for abuse than some of the nation’s most dangerous drugs. The proposal, which would not legalize marijuana for recreational use, came after a call for review from Biden, who has called the change “monumental.â€
The DEA has said it doesn’t yet have a position on whether to go through with the change, stating in a memo that it would keep weighing the issue as the federal rulemaking process plays out.
The new classification would be the most significant shift in U.S. drug policy in 50 years and could be a potent political issue, especially with younger voters. But it faces opposition from groups such as Smart Approaches to Marijuana.
Its president, Kevin Sabet, argues there isn’t enough data to move cannabis to the less-dangerous Schedule III category, alongside ketamine and some anabolic steroids. The DEA’s move to hold the hearing is “a huge win in our fight to have this decision guided by medical science, not politics,†he said in a statement, adding that 18 states’ attorneys general are backing his opposition.
The hearing sparked some consternation among pot industry players, though little surprise about the DEA decision to hold one.
“While the result ultimately may be better, I think we’re so used to seeing delays that it’s just a little disappointing,†said Stephen Abraham, chief financial officer at The Blinc Group, supplier of cartridges and other hardware used in pot vapes. “Every time you slow down or hold resources from the legal market, it’s to the benefit of the illicit market.â€
The proposal, which was signed by Attorney General Merrick Garland rather than DEA Administrator Anne Milgram, followed a recommendation from the U.S. Department of Health and Human Services.
Federal drug policy has lagged behind that of many states in recent years, with 38 having already legalized medical marijuana and 24 legalizing its recreational use.
Lawmakers from both major political parties have pushed for the change as marijuana has become increasingly decriminalized and accepted. A Gallup poll last year found 70% of adults support legalization, the highest level yet recorded by the polling firm and more than double the roughly three in 10 who backed it in 2000.
The marijuana industry has also grown quickly, and state-licensed pot companies are keen on rescheduling partly because it could enable them to take federal business-expense tax deductions that aren’t available to enterprises involved in “trafficking†any Schedule I or II drug. For some of Vicente’s clients, the change would effectively reduce the tax rate from 75% to 25%.
Some legalization advocates also hope rescheduling could help persuade Congress to pass legislation aimed at opening banks’ doors to cannabis companies. Currently, the drug’s legal status means many federally regulated banks are reluctant to lend to such businesses, or sometimes even provide checking or other basic services.
Rescheduling could also make it easier to research marijuana, since it’s difficult to conduct authorized clinical studies on Schedule I substances. Some medical marijuana patient advocates fear that the discussion has already become deeply politicized and that the focus on rescheduling’s potential effect on the industry has shifted attention from the people who could benefit.
“It was our hope that we could finally take the next step and create the national medical cannabis program that we need,” said Steph Sherer, founder and president of Americans for Safe Access. The organization advocates for putting cannabis in a drug category all its own and for creating a medical cannabis office within DHS.
The immediate effect of rescheduling on the nation’s criminal justice system, though, would likely be more muted, since federal prosecutions for simple possession have been fairly rare in recent years.
NACOGDOCHES — A 23-year-old man has been arrested for murder following an overnight shooting that left one dead. According to our news partner KETK and the Nacogdoches Police Department, officials responded to Fulgham Street after reports of gunshots being heard in the area. While in route, officers received other calls that someone had been shot. The victim was found outside the residence suffering from an apparent gunshot wound. The victim died at a local hospital a short time later. The victim’s name has not been released.
Jalen Boughton, 23, of Nacogdoches, was arrested for murder and remains in the Nacogdoches County Jail. The police department said additional information will be released as it becomes available.
SMITH COUNTY -DPS has confirmed two are dead after a two-vehicle collision Thursday morning. According to our news partner KETK, DPS Sergeant Adam Albritton said the accident involved an SUV on FM2908 traveling north and a pickup truck going east on CR 384. Albritton said the truck ran a stop sign at the intersection and collided with the SUV. The driver and its passenger in the pickup truck were thrown from the vehicle. They later died. The driver of the SUV was taken to a hospital. As of this time, their identities have not been released.
TYLER — Tyler police are investigating a fatal shooting. It happened around 11:40 Saturday, August 10, on Lorance Street. Arriving officers found a 17-year-old victim suffering from a gunshot wound. He was transported to a local hospital where he died from his injuries. The suspect was identified as a 16-year-old male from Tyler. He was charged with manslaughter and manufacture/delivery of a controlled substance. He was arrested August, 15 and booked into the Smith County Juvenile Attention Center in Tyler.
TYLER — An investigation into a Tyler man for child pornography reopened a 2020 “suspended†sexual assault of child case. According to our news partner KETK, Austin Wayne Odell, 38, was arrested on possession of child pornography and sexual assault of a child on Aug. 3. According to an affidavit, a peace officer with the Texas Department of Public Safety obtained 99 videos and four images of child porn that were downloaded in 2023 from devices connected to an IP address that traced back to Odell’s address.
On Aug. 31, 2023, the officer executed a search warrant at Odell’s residence where he seized multiple devices but reportedly did not find any child porn. Later, the officer reportedly learned that Odell went out of town and took his computer with him. Read the rest of this entry »