AUSTIN TEXAS DWI

Fort Bliss soldier pleads guilty in DWI death trial

2009-07-30T09:04:00.000-07:00

By ABC-7 Reporter/Anchor Celina Avila

EL PASO, Texas -- A Fort Bliss soldier pleaded guilty Monday to driving drunk and killing a young El Paso woman sitting at a red light. Now a jury must decide his punishment.

Defense attorneys for 37-year-old Edison Bayas say he is taking responsibility for the death of 19-year-old Valerie Talamantes.

District Attorney Jaime Esparza is personally trying the case. He urged the jury in opening statements to protect the community and send a message.

Defense attorneys, on the other hand, said Staff Sgt. Bayas suffered from post-traumatic stress disorder at the time of the crash.

Bayas' attorney asked the jury to take into account that Bayas had served two tours in Iraq. He said Bayas was having a flashback at the time of the wreck.

The state called three people to the stand -- the police officer who investigated the scene and two employees of Redflex, the company that handles El Paso's red light cameras.

Jurors gasped when they saw the red light video capturing the crash.

It was Dec. 29, 2007 when Valerie was heading home, trying to make curfew. She was about a mile away from her house at the intersection of Montana and Hawkins when she was hit from behind. She died from the impact.

As jurors saw red light video and pictures, Bayas was noticeably shaken. He kept his head down and wiped his eyes at one point.

The jury heard Bayas had a blood alcohol level of .27, three times the legal limit, and that he was traveling no slower than 60 miles per hour when he slammed into Valerie's car.

Bayas is facing two to 20 years in prison. The punishment hearing will continue with Valerie's parents expected to take the stand on Tuesday.

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Testimony continues in Bayas' sentencing for DWI death

2009-07-29T09:03:00.000-07:00

EL PASO, Texas -- The sentencing phase continued Tuesday in the trial of a soldier who admitted killing an El Paso teenager.

On Monday, Edison Bayas pleaded guilty to intoxicated manslaughter in the death of 19-year-old Valerie Talamantes, who was killed in 2007 when Bayas crashed into her vehicle as she waited at a red light. Bayas can face anywhere between two and 20 years in prison.

It was standing-room only in the courtroom for the second day in a row. Tuesday, jurors heard more testimony from police officers and witnesses who saw the wreck.

But the most compelling pieces of evidence were two police videos. One was the dashboard video from the police officer who conducted the sobriety test on Bayas. Bayas would fail that test.

The second video was the interrogation interview after Bayas' arrest. Toward the end of the video Bayas talks about making a mistake and saying, "I don't normally drink. That was no the case tonight."

He goes on to say, "I'm really sorry for what I did tonight, I didn't mean to hurt anybody."

The Talamantes family is expected to take the stand on Wednesday.

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Former Texas House speaker arrested for DWI by mounted police

2009-07-28T09:02:00.000-07:00

Former Texas House Speaker Gibson “Gib” Lewis, 72, was arrested last night on charges of drunken driving, Austin police said this morning.

Lewis was driving west on Fourth and Lavaca streets in the turn-only lane about 11 p.m. when a mounted officer saw him continue straight on Fourth Street instead of turning, an arrest affidavit says.

The officer then stopped Lewis and called for backup, the affidavit said. Lewis had a blood-alcohol level of 0.16, Austin police said.

Lewis was elected five times to Speaker of the House and was active in the Texas Legislature for more than 20 years.

When reached by phone today, Lewis said, “There’s nothing to say but don’t drink and drive.”

Get the latest crime reports in your neighborhood with the Statesman's Crime Tracker.

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Gib Lewis, former Texas House speaker, arrested for DWI

2009-07-27T09:00:00.000-07:00

Peggy Fikac of the San Antonio Express-News reports that Gib Lewis, speaker of the Texas House from 1983 to 1993, was arrested in Austin and charged with driving while intoxicated.

She provides this link to his booking photo. (Love the shirt.)

Lewis, 72, had a blood alcohol level of 0.16, according to police -- twice the legal limit.

Formerly a Democrat from Fort Worth, Lewis is now a lobbyist in Austin.

He stepped down from the speakership after pleading no contest in 1992 to charges of illegally accepting a gift from a San Antonio law firm and failing to disclose it. As part of a plea deal, he agreed to not seek re-election.

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Former Texas House Speaker Gib Lewis arrested in DWI case

2009-07-26T09:01:00.000-07:00

Former House Speaker Gib Lewis of Fort Worth was arrested in Austin late Thursday for driving while intoxicated, police say.

The 72-year-old was apparently driving his 2000 black Porsche in downtown Austin when he didn’t turn left in a left-turn-only lane, said Sgt. Richard Stresing, an Austin police spokesman.

A police officer pulled Lewis over about 11:30 p.m. Thursday, noticed that he had "slurred speech and bloodshot eyes," and called in a DWI unit, Stresing said.

Lewis failed the standard DWI test and registered 0.16 on a Breathalyzer — twice the legal limit — according to an affidavit.

Lewis, a five-term Democratic speaker who also represented Fort Worth in the House for 12 years, is now a lobbyist in Austin. Among his 19 clients this year were Burleson, Mansfield, the Tarrant Regional Water District and Dallas/Fort Worth Airport, state records show.

A call to Lewis’ Austin office was not returned Friday, and he had already been released from the Travis County Jail early Friday.

In the early 1990s, after serving in the House for about 20 years, Lewis stepped down as speaker in the midst of investigations. He pleaded no contest in 1992 to a charge of accepting a gift from a law firm and not disclosing it. He served as speaker from 1983 to 1993.

In 1991, he spent about three hours in jail after a district judge ordered him arrested for missing a court appearance related to an ethics charge.

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Former Texas House speaker facing DWI charge

2009-07-25T08:59:00.000-07:00

AUSTIN, Texas (AP) — A former Texas House speaker is facing a drunken driving charge after he was pulled over in downtown Austin with a blood alcohol level allegedly twice the legal limit.

Police pulled over the 72-year-old Gib Lewis after he drove straight through a turn-only lane Thursday night.

Sgt. Richard Stresing says the arresting officers' report noted Lewis was "swaying, staggering, stumbling" with slurred speech and red, bloodshot eyes. He also allegedly had an alcoholic beverage in a plastic cup in his car.

The arrest report said Lewis failed a field sobriety test. He was arrested and taken to jail where he submitted a breath sample, which showed a blood alcohol level of .16. The legal limit is .08.

Lewis, a Democrat, was speaker of the House from 1983-1993. He is now a lobbyist.

A telephone message left at his office was not immediately returned. The Austin American-Statesman reported Friday that when reached by phone, Lewis said, "There's nothing to say but don't drink and drive."

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UT baseball coach sentenced to 4 days in jail for DWI

2009-07-24T08:58:00.000-07:00

AUSTIN, Texas—The University of Texas baseball coach will be spending a little time behind bars.

Augie Garrido was sentenced to four days in jail Thursday morning.

Garrido was arrested in January for driving while intoxicated.

He will also have to pay for his court costs and a $500 fine.

The judge said she was pleased with the amount of work Garrido has done to correct his mistake.

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Garrido sentenced to four days for DWI

2009-07-23T08:57:00.000-07:00

University of Texas baseball coach Augie Garrido, who previously pleaded guilty to drunken driving in downtown Austin, was sentenced to four days in the Travis County Jail today and fined $500.

Prosecutors had asked that he serve five days, the defense requested three, but judge Elisabeth Earle placed his punishment at four days, she said.

He can temporarily only use his driver’s license for limited purposes, Earle said.

The sentencing will start in August, but his attorney Roy Minton was not certain of the date.

“We understand and respect her decision,” County Attorney David Escamilla said.

Austin police have said Garrido was driving a Porsche Cayenne west on Sixth Street at about 1 a.m. Jan. 17 when an officer in the department’s DWI enforcement team noticed the car’s headlights were not on.

After a sobriety test, Garrido told the officer he had five glasses of wine and was intoxicated, police have said.

Augie Garrido pleaded guilty to drunken driving in court Feb. 2.

Garrido had issued a public apology, calling his actions a “serious mistake,” and said that he would learn from what happened.

UT officials suspended Garrido for the first four games of the 2009 season.

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Texas baseball coach Garrido gets four days in jail in DUI case

2009-07-22T08:56:00.000-07:00

DALLAS — Texas baseball coach Augie Garrido was sentenced Thursday to four days in jail for a drunken driving conviction, though he might not serve any time.

Garrido's lawyer, Michael Burnett, said Travis County jail officials will decide how long to keep the winningest coach in Division I after he reports sometime before Aug. 15. Burnett said the 70-year-old Garrido received two days' credit when he was arrested and could earn the other two days simply by getting processed.

The coach said he entered the guilty plea quickly to own up to a "terrible mistake in judgment" that he said could have endangered others.

"I'm not a martyr here," he said. "I'm not asking for sympathy. I'm just saying I'd like to walk the same walk that I ask my players to walk. And that's what I'm doing."

Garrido was fined US$500 by County Court-at-Law Judge Elisabeth Earle and had his driver's license suspended for 90 days after the misdemeanour first-time offence.

Garrido was arrested in downtown Austin in January when police noticed he was driving without his headlights on. He pleaded guilty two weeks later. Travis County Attorney David Escamilla said his office recommended a five-day jail sentence.

Garrido has 1,679 victories and five national championships, including two with the Longhorns. He fell a game short of another title last month when Texas lost the deciding game of a best-of-three championship series to LSU.

Burnett said Garrido has completed an alcohol counselling program and a two-hour session with Mothers Against Drunk Drivers.

"This has been pretty high-profile, and now it's a part of me," Garrido said. "I've got to turn it into something that does some good for some people."

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Chiefs trade Gonzalez to Falcons

2009-04-27T07:44:00.000-07:00

WIRE REPORTS
Published: April 24, 2009

ATLANTA -- The Atlanta Falcons boosted their hopes for another trip to the playoffs by acquiring tight end Tony Gonzalez from the Kansas City Chiefs yesterday for a draft pick next year.

The Falcons will send a second-round pick in 2010 to Kansas City for Gonzalez, the only tight end in NFL history selected to 10 Pro Bowls.

Gonzalez caught 96 passes for 1,058 yards and 10 touchdowns in 2008. He owns NFL career records for tight ends with 916 receptions, 10,940 yards receiving, 76 TDs receiving and 26 100-yard receiving games.

"It's somewhat bittersweet," Gonzalez told FoxSports.com.

Gonzalez will provide a dramatic new look for the Falcons, who were 11-5 last year with rookie quarterback Matt Ryan starting every game. Gonzalez will join Pro Bowl receiver Roddy White to give the Falcons more passing balance.
Panthers' Delhomme signs 5-year extension

CHARLOTTE, N.C. -- After the worst game of Jake Delhomme's career came in an ugly playoff loss, the Carolina Panthers never wavered that he was still their quarterback for the long-term.

Carolina gave Delhomme, 34, a five-year, $42.5 million extension that keeps him under contract through the 2014 season.

The Panthers' cap is weighed down by defensive end Julius Peppers' one-year tender under the franchise tag that is worth $16.7 million and has prevented any offseason signings.
Punter Smith leaving Colts for Redskins

INDIANAPOLIS -- Longtime Indianapolis Colts punter Hunter Smith will join the Washington Redskins next season, his agent said. Financial details weren't disclosed. Smith never has missed a game in 10 years with the Colts, but he became a free agent after last season and the Colts didn't re-sign him.

Smith has averaged 43.4 yards per punt in his career. He averaged 44.2 yards last season, and his 38.8 net yards per punt last season was the highest total of his career.
Miles, Coleman among Cowboys' signings

IRVING, Texas -- The Dallas Cowboys have signed their final three free agents: receiver Miles Austin, running back Alonzo Coleman (Hampton) and tight end Rodney Hannah. Austin signed with the Cowboys as an undrafted free agent in 200. Coleman and Hannah have spent most of the past two seasons on the practice squad.
Elsewhere

* The Philadelphia Eagles signed restricted free agent receiver Hank Baskett to a one-year contract. Baskett had a career-high 33 catches for 440 yards and three touchdowns last season.

* Cleveland Browns wide receiver Donte Stallworth is set to be arraigned on DUI-manslaughter charges. Stallworth does not have to be present and is expected to enter a written plea of not guilty.

Pro Bowl receiver Reggie Wayne has agreed to a restructured contract, which will give the Indianapolis Colts more room under this year's salary cap.

New Bill could keep educators' crimes secret

2009-04-26T07:42:00.000-07:00

Story Created: Apr 24, 2009

Story Updated: Apr 24, 2009
They interact with children almost every day. But do parents really know all they should about their kid's teachers? A new bill may keep parents from ever really knowing the teachers they leave their children with.
Discussions on whether or not information should be released began last year in Austin when a school district reported that fingerprint checks found 310 district employees had criminal histories. Educator associations say the information was not meant to be shared with the public and are now lobbying for the new bill to keep it secret.
And the idea isn't sitting well with many local parents.
“I think we should have more and more privacy like now I said with the Internet and all the technology I think we're exposed too much.”
Retired teacher Martha Garza strongly supports a bill bringing educator privacy to the forefront. A new bill facing the Texas house would keep teachers' criminal history a secret. Any past felonies or misdemeanors, like DWI’s, would no longer be public information. Even an employee's birthday would be restricted, making it almost impossible to verify if the person is on the state's sex offender database.
“I think that anytime your dealing with children, you’re or anyone else’s you should make that kind of stuff public. There's no reason to keep it a secret,” says parent Kayli Clark.
The bill concerns some parents who say teacher backgrounds, like everyone else’s, should be considered public information.
“People should think before they do anything because its always gona come back to haunt them.”
“As a parent I am a parent I would want to have access to that information.”
But others say teachers face difficult issues and may need the protection.
“They need more privacy and not you know have that information out to everybody.”
The association of Texas Professional Educators says a new state-required fingerprinting law may allow the release of too much information and feel the bill would help protect against identity theft.
“I think we don’t have enough privacy nowadays. That’s how I feel.”
Only time will tell if everyone agrees.
The house voted in favor of the bill today and is now headed to the senate.

Freestone County Sheriff's Report Number 426

2009-04-09T02:11:00.000-07:00

FPD to report of prowler in area of Comanche Street. Homeless person digging through dumpster, Streetman Texaco. Fisherman’s truck parked under River Bridge vandalized while he was wetting a line. Brother/Sister troubles over land ownership, FM-489, Dep. Elom to same. Two co-workers having problems, US-84, just outside of Teague, TPD and Dep. Shaw arrive, but will probably reignite later.

Dep. Shaw to Luna Road, troubles between soon-to-be Ex’s. Sewer Troubles in Teague on Tyler. FEMS to FM-833, older Lady shaking, stomach aching. Chair laying in middle of IH-45, Mile 206. Loose calves, FM-246. Southern Oaks VFD to grassfire, Azure Bay. TPD Howard to Cox Street, people trying to repo car. Deputy Shipley to FCR-1220, Brother/Sister Troubles, he will have no place to stay. Game Warden Thorne to injured deer, East 84.

TPD Howard to break-in, things missing, Freestone Trailer Park. Suspicious activity on 84 by Boyd Unit. One of those involved wearing baggy white pants. Prison contacted, headcount says all present and accounted for……One of their visitors who just left did have baggy, white pants. FEMS to West Main, 97 year old man unresponsive. Loose horses, Old 75, 3 miles south of Dew. Dep. Taylor to trespassing livestock, FCR-196.

On this same date in history, Feb. 24th, in the year 1836, besieged Alamo commander, Col. William B. Travis writes a letter with these heartfelt words, “ I shall never surrender or retreat.” Santa Anna had encircled his fortress just two days before….Little did he know that he and his entire command would live less than two more weeks. But, he and his command lived up to his writings…..They never surrendered, they never retreated. Those brave 181 men each passed into the annals of immortality, March 6th, 1836.

To Doyle Daniel’s funeral with big crowd in attendance. Had many friends. The smell of bleach strongly in the air, FM-2570. FPD Kindon arrests motorist on Wyoming Bond Revocation Warrants. Deputy Harrison assists with getting female assaulted in Navarro County to her residence. TPD Reed to Main Street, man trying to get in female’s residence. Essie has heavy object fall on foot, turning blue, Wortham VFD to same.

Fairfield VFD to Live Oak, possible stove fire. DPS Adams to one vehicle accident, FM-80. Officer Peters to Lincoln Alley, older Lady possibly being scammed. Teague VFD to grassfire, FCR-820. FEMS and Kirvin VFD to boyfriend with chest pains on Walnut, Kirvin. Also to Williford, nose bleed carried to ER. New trailer stolen from local dealership. Dep. T. Hendrix to same.

Deputy Barrentine to residence West 84, man reports others stealing his property….nope, medicine causing him to hallucinate a bit. Loose donkeys, FM-1365. THDEMS to breathing troubles, Teague Hunting and Fishing Club. DPS Cleland and Carr arrest trucker, Hwy. 164, Parole Troubles. Elderly Lady driving on wrong side of road, East 84, located by Deputy Shipley…..Very confused and disoriented, thought she was on north side of Cedar Creek Lake, brought to Sheriff’s Office, son in Mesquite contacted, now back home in Gun Barrel City. Deputies Shipley and Howerton handled the situation in the finest manner, a very nice Lady, just very confused, couldn’t remember, etc.

TPD Reed and Deputy House to report of Assault on N. Ash. Wortham VFD and Mexia EMS to S. Ave. B in Wortham, breathing troubles. TPD Reed jails man for Criminal Trespass, stemming from call in first sentence, this paragraph. FPD Gasaway to loud neighbors complaint. TPD Cox to Father/Son Troubles. FPD Green to N. Bateman, Dallas girl, dumped out here, thinks someone’s going to kill her. TPD Cox, Solly and Howard to report of big fight and brawl, N.7th and Cypress, lots of bystanders.

Fairfield, Teague and Streetman VFD’s to barn fire, FM-833. Inmate in Jail found to have additional charge, Assault Bodily Injury-Family Member, added to his paperwork by Dep. House. Deputy Clayton Aldrich dealing with Family Troubles between two cousins. WPD Peters arrests motorist, three Wortham Traffic Warrants. TPD Reed arrests another on City of Fairfield Seatbelt Warrant. Deputy Barrentine dealing with Austin PD on recovered stolen items.

Two sets of out of State Investigators in town same day, both gathering information on crimes in their States. Man already in Jail here gets two more charges for Burglary. Pickup flees from FPD Warren and Bass….Well, he shouldn’t have…. While pursuit going on, talking to Dad on phone, being begged by father to just pull over and stop…..Nope, don’t want to go to Jail. Pursued nearly into Palestine where tires spiked by DPS, one Anderson County unit struck by fleeing vehicle, brought back to our County, presently residing in the Freestone County Jail. Not an ideal solution for the Dad or son, but far better than other options that were looming. A major wreck would have been a tragedy. Teague and Fairfield VFD’s to houses on fire in Teague by Methodist Church.

DPS Adams arrested DWI, Mile 186, also Wanted on Immigration Warrant. Streetman and Teague VFD’s to tanker trailer leaking kerosene and benzene mixture, HazMat called in. TPD Noll and Sykora assisting young Lady with missing cell phone, boyfriend has it she says, he says he don’t, but eventually she got the phone back in her possession. Maibox vandalized, FCR-360.

DPS Thornton and FEMS to accident, Mile 187. TPD Sykora to report of house break-in through window. FEMS and Streetman VFD to S. Bell in Streetman, possible heart attack. Dep. Willis to domestic dispute, FCR-540. Also to Civil Standby, North 75. FEMS assists man with blood in his catheter, dizzy feeling. WPD Fullager arrests woman on Limestone and McLennan County Warrants. Lady employee of major Food Store reports someone stole steaks in Mexia out of store earlier today. After work, driving home, she spots same vehicle stopped at the corner of FM-39 and Hwy 164…..set up for business….Selling Steaks! Limestone County S.O. advised of same.

Barking Dog problem on East Concho, Wortham. TPD Howard arrests young man, Controlled Substance. Dep. Shaw arrests man on Felony Probation Warrant. FEMS to Williford, Lady says stomach is “on fire.” TPD Howard to complaint on Cypress boyfriend assaulted 6 month pregnant girlfriend. Good Friend Ed Smith has close brush with bad appendix. Deputy Hendrix dealing with a case of blackmail for money. Citizen complaint on Oilfield Trucks, FCR-869. Deputy House to loud music, FCR-536.

THDEMS to S. 11th, diabetes problems. To Southern Oaks VFD on Saturday evening for Chili Supper and Cake Auction. Chief Terry Bumpass and her Firemen had a rollicking good time scooping and serving out bowls of red….And the Cake Auction…..In spite of a faulty PA System….Seemed to do very well. One cake brought in $600.00! The Auctioneers both lost their voices when the PA crashed and received excellent help from a Fireman who had never auctioned anything in his life, and he did a most outstanding job! Lots of laughs, lots of fun, a good time had by all. Special Thanks Bennie, Amy, Bob, Wayne, Royce, Dudley, Dale, Jim….Oh Heavens to Betsy….Thanks to all who came and participated!

WPD Keathley to loud music on San Saba. Teague man reports having troubles with Ex-Wife….Okay, she’s gone now. Deputy Clayton Aldrich arrests young man on Theft charge, FCR-1260. Arrests another, FCR-540, Contempt of Child Support Order. Dep. Shipley to Civil Standby, just East of Fairfield. DPS Alewine, FEMs and Dew VFD to accident, Mile 193.

It must be dry…..Report comes in of boaters stranded on sandbar, Navarro side of Richland Chambers Lake. We have continuing reports of SCAMS advising citizens of winning lottery in several locations, gonna make you rich, just send us a few thousand dollars to start the process rolling…..Usually it is the elderly who are targeted. Please DO NOT send these folks money. If you’ve truly won something you shouldn’t have to send them money to get something they intend to give to you anyway! Another thought….How can you be the winner in something that you didn’t even sign up for? DO NOT send these vultures any of your hard-earned money! If you do, you can kiss it goodbye, gone forever, never to be recovered. The same rule applies for the sad letters folks receive about the widow of the former Director of Finances in some poor African nation, who had managed to transfer one hundred and sixty eight gajillion dollars into a secret Swiss Bank account and if you’ll send them two thousand dollars to set up another account, they’ll transfer it all out of Switzerland into your new account and split it with you. Say, if it comes out of Switzerland, you’d better stick to watches, Swiss cheese, yodeling lessons or Cuckoo Clocks……And if you participate in this one, or entertain the thought of it……Well, you have no need for an extra Cuckoo…..You’ve already got one in your house!

DPS Warren arrests young Lady who carries her Marijuana stuffed down the front of her britches. Don’t believe I’d want to bum a smoke off her! TPD Sykora gets another, same charge, different location….In the door pocket. DPS Crais arrests two motorists, both drunk, US-84. Dep. Taylor to report of tweleve and thirteen year olds driving pickup, Southern Oaks. Didn’t catch them in the act, but Dad now knows the consequences…..And for all practical reason…..They’re all on him, not them!

FEMS to Blanton, probable diabetic troubles. Security Company calls, advises of Fire Alert signal received at County Fireman’s residence…..Nope, everything under control….He was outside burning brush, apparently a little smoke drifted into the house…..At least he knows his system is ultra-sensitive and does work! Deputy House to FCR-529, Ex-Wife’s Ex Boyfriend causing problems, screaming and squalling like a panther over the phone in the background….One Criminal Trespass Notice issued. Next time it’s just like a big game of Monopoly….You do not past Go, you do not collect Two Hundred Dollars, you go straight to Jail!

Friend and Reader of this column advises this column should be syndicated nationwide. I told him that was a good idea, but somehow I felt that between all the poor grammar and fractured syntax’s (whatever they are), I’d end up having to pay the papers just to print it. He allowed that he thought it would sell…..No, George Will, Bill Shakespeare, John Milton…..Don’t feel threatened, it is doubtful that literary acclaim shall come my way. I did tell that particular Reader if he could sell it, I’d split it with him. Somehow, I feel pretty safe……Doubtful whether I’ll ever have to split with him,50/50,70/30 or whatever combination! I write this for your entertainment…If it brings an occasional smile, that’s payment enough.

Man ordered to Jail on DWI, 2nd. More underage drivers reported, FCR-691. Dispute over a trailer, FCR-511. Call bounces in from Anderson County….Lady says man stole her truck….She sold it to him…He missed one payment, now she wants it back, forwarded call to Anderson County S.O. Billy Madding and Luke Ward contacted, dead bull on side of FCR-534. Have a feeling that the Funeral Service was short and not well-attended!

Billy Jim Day let me know a few days ago that it’s getting about time to run some sort of a History deal again…..I’m sifting through the cranial cobwebs between my ears….I’ll come up with a tidbit to add….Just got to come up with something that’ll be interesting…..I told him I’d think about it, take it under advisement. When it hits me, start looking for the little asterisks*****. I love it when folks call and say , “I read your story on such and such. I never thought about it much, but now I know why and how it happened.”

Heard this morning that an American icon has passed away….Paul Harvey it was announced had passed away at about age 90. We will miss him. He was a radio institution all of my life. I can readily hear that reassuring voice right now…..”Page Two!” or “Now, from our what it’s worth department…..” That calm, sensible voice, always reassuring, often humorous…. He went out of his way to find some “good news” to report. Dependable and steady as a granite rock. We took him for granted for over half a century…..No more shall we hear those golden words…..closing out the daily broadcast……”Paul Harvey…..Good Day!” No, Old Friend, you gave us many, many ‘Good Days”, not just one!

And with those last preceding words, I can think of no better or more fitting place to end….

Until Next Week….. RALPH BILLINGS

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Law enforcement, legislature target pills as peskiest drug problem

2009-04-08T02:10:00.000-07:00

By LLUVIA RUEDA

March, 8, 2009

When Dianna Childress, 45, has a headache, she pops a pain pill. When her busy schedule causes her stress, the Vidor resident says Xanax is her medicine of choice.

She has legal prescriptions for both, but admits she often uses them as an escape from life, rather than to control her medical condition.

"My life is so hard sometimes and I know people are gonna say I sound like a big baby. Everyone has it rough, I know. and I know I'm not special, I ain't as tough as people I know," said Childress, a waitress in Orange who was diagnosed with chronic tension headaches and moderate anxiety in November 2007.

"I'm not doing anything illegal like selling them or getting them on the street," she said.

A sharp rise in the use of controlled substances, and the resurgence of area local pain management clinics also known as "pill mills," has Southeast Texas law enforcement agencies struggling to cope with the sheer volume of drug-related cases they are encountering daily.

Arrest logs in Jefferson, Hardin and Orange counties reveal that more than half of all DWI and controlled substance arrest cases are based on recreational use of prescription medications, said Maj. Jim Singletary of the Jefferson County Sheriff's Office narcotics division.

"It's no longer crack and methamphetamine that are the biggest problems in the drug world. It's the medications that your mother or your grandmother take. It's the legal prescriptions," Singletary told The Enterprise.

Pain killers like OxyContin and Hydrocodone, along with Soma, a muscle relaxant, and Xanax, a sedative, are some of the most popular street drugs, according to local police officials.

That those drugs are available, relatively cheap and seemingly harmless make them popular. That popularity has created a hotbed of criminal activity in Southeast Texas, as well as in the Houston and Baytown areas, law enforcement contends.

Hydrocodone, also known as Vicodin, sells on the street for $4 to $6 a pill; Soma runs about $1 to $2 for each tablet and OxyContin sells for about $1 per milligram, according to information on the U.S. Drug Enforcement Agency's Web site.

"Oxycontin abuse is on the increase, with most illegal prescriptions being written by pain management doctors," the Web site notes.

"The major avenues for diversion continue to be illegal and indiscriminate prescribing and dispensing, pharmacy theft, employee pilferage, and forged prescriptions," it says.

The start of the spread

The drugs' popularity surged about four or five years ago, when the emergence of pain management clinics began changing the local preferences of marijuana and meth to the "chill pills," officials said.

"When the pain management clinics came in, that's when the drugs were really introduced in the area. We would have about five deaths related to these drugs every year before then. Now, the numbers have risen to about 50 to 60 people dying every year," Singletary said.

In Jefferson County alone, prescription drugs were a factor in 61 deaths in 2008, according to statistics from the Southeast Texas Forensic Center.

All three counties reported that prescription drug usage has gone up about 20 percent each year since 2005. Narcotics division leaders said statistics are based on informant information, overdose deaths and DWI arrests.

Police filed 696 controlled substance criminal cases in the Beaumont area in 2007, a total which dropped in 2008 to 567 cases. Two pain clinics were closed down in 2007, according to the statistics.

In Lumberton, 135 narcotics cases and 54 drug-related DWI cases are on the books for 2008.

Orange County recorded 80 drug arrests, 88 drug-related DWI arrests and the closing of five pill mills last year, according to the statistics.

And even though narcotics divisions do close pain management clinics, the operations often resurface with a different name, a different doctor or a different location.

"We had some that would open up about two weeks later on the other side of the street from their original locations," said Sam Kittrell, Orange police chief.

"It was literally the same place."

Closed clinics not a deterrent

Combined efforts in 2008 led to the eradication of most local mills but medication abuse still is on the rise as people turn to theft, "doctor-shopping," individual dealers or organized crime rings.

Singletary said doctors who prescribe drugs outside the standard of the medical profession are subject to the same federal laws used to prosecute distributors of illegal drugs such as crack cocaine or methamphetamine.

A doctor who is convicted of improperly prescribing medications could serve up to 20 years in prison, depending on the quantity of medication, according to U.S. Drug Enforcement Administration.

However, officials said the real problem lies in a practice called "doctor shopping."

"We have had problems with people coming into the area and scouting around for different doctors. One middle-class man, a 68-year-old, went to all the pharmacies and doctors in town in and around Hardin County to keep supplying his addiction," said Lumberton Police Chief Danny Sullins.

"There were about 10 cases of that kind of drug 'shopping' last year."

Local pharmacies and doctor's offices try to alert authorities, Sullins said, but dealers have adapted by selling the medications in their own homes or in street deals.

Dealers working from Beaumont homes were targeted during raids late in February and earlier this month, and investigators uncovered over 5,000 units of pain medications. A January 2008 raid in Orange turned up more than 6,000 dosage units, local officials said.

Other drugs are found by simple legwork.

"We find most of them through routine operations, such as pulling someone over for running a red light, loitering or standard DWI procedures. We have found more drugs that way than by any other method," Sullins said.

Raids uncover depth, breadth of problem

Pharmaceuticals have transcended the usual drug-user demographics of age, race and financial circumstances, causing a scramble for information and new units among most Texas narcotics agencies.

"Investigations dealing with prescription medications cover such a wide sweep of demographics that we found we had to adapt," said Duane Steen, assistant commander for the Texas Department of Public Safety in Austin.

The result was the Drug Diversion Investigative Unit formed in September 2008, after Orange police and others told Austin offices of the heightened activities in Southeast Texas, Houston and Baytown.

"We are simply trying to bring the manpower and the resources to where the problem is," he said.

But even that won't fix things.

Vague legislative rulings, budgets cuts, a shortage of police officers and internal issues have slowed law enforcement reactions to prescription abuse, police officials said.

The biggest Goliath is bureaucratic red tape.

"There are two major issues: A person does not have to be a doctor to own a pain management clinic. And there is no law against doctor shopping right now for the state of Texas," Singletary said.

Testing methods for DWI arrests also are paperwork nightmares.

In Texas, DWI arrests are made when a driver tests out with an alcohol content of .08 or when an officer deems someone to be intoxicated using other criteria.

And although no section of the penal code addresses driving under the influence specifically, the intoxication definition is construed to mean the person lacks the normal mental or physical faculties necessary to drive a motor vehicle because of alcohol, a controlled substance, a drug or dangerous drug, or a combination of two or more of those, according to the Texas Penal Code. It also covers "any other substance in the body."

Even if officers get a blood sample for crime lab analysis to prove or disprove the presence of drugs, the analysis can take from six months to a year, officials said.

Money is another concern.

"Budget can be a problem. They and we are working to keep a proactive, aggressive stance on the matter, but the departments cannot afford to put their men on a full-time narcotics unit without losing efforts on patrol," Hardin County Sheriff Ed Cain said.

So the answer is â¦

Teamwork among counties, state narcotics units and legislators might offer the best solution, or at least that's the current consensus.

Steen said the Austin administration is looking to develop more Southeast Texas contacts.

Texas legislators also have taken notice of the problems and say they plan to address the issue during the 81st legislative session.

"We did have some laws to make it easier to file the paperwork dealing with pharmaceuticals in the last session, bills that helped pharmacies track down on repeated buying. Now we are looking to make it a little bit tougher, by passing a law similar to the recent Louisiana 'Doctor Shopping Act,' and looking to file it by next Friday," Texas Rep. Mike Hamilton, R-Mauriceville, said.

The Louisiana law - Act 287 - forbids the practice of obtaining a controlled dangerous substance from one health-care professional while being provided with a controlled substance by another health-care professional without disclosing that information. The law went into effect Aug. 15, 2007.

"We want people to know that we are aware of the issues and are currently drawing up a plan for the bill," Hamilton said.

In the meantime, rigorous patrol work and constant communication are the weapons in the fight.

"Hopefully, there will be a way for us to make sure that we are helping the residents stay safe and make sure that the departments are not strained. Let's hope it's soon," Kittrell said.

Drug Related Deaths in Texas

2002: 3,119

2001: 2,851

2000: 2,605

1999: 2,237

1998: 2,392

Source: Texas Department of State and Health Services

http://www.tcada.state.tx.us/research/statistics/statetotals.shtml

2007 Federal Drug Seizures

Cocaine: 13,134.6 kgs.

Heroin: 109.3 kgs.

Methamphetamine: 322.7 kgs./92 dosage units

Marijuana: 490,313.8 kgs.

Hashish: 0.2 kgs.

MDMA: 69,341 dosage units

Meth Lab Incidents: 78 (DEA, state, and local)

Source: U.S. Drug Enforcement Agency

http://www.usdoj.gov/dea/pubs/state_factsheets/texas.html

RESOURCES:

DEA Office Beaumont Resident Office: (409) 839-2461

New Poll Shows Massive Opposition to Sunday Sales of Liquor in Texas

2009-04-07T02:09:00.000-07:00

AUSTIN, Texas, March 10 /PRNewswire/ -- According to a new statewide poll conducted by Baselice and Associates and released today, the vast majority of voters oppose allowing liquor stores to be open on Sundays. Texas voters oppose the proposal by a margin of 67 - 29 percent.

The survey of Texas voters was conducted between February 24 - 26, 2009 and has a margin of error of +/- 3.5 percent.

In response to the poll numbers, Fred Marosko of the Texas Package Stores Association released the following statement.

        "The majority of liquor store owners, like Texas voters, are
       overwhelmingly opposed to opening on Sundays for several important
       reasons.

       Customers aren't asking for longer store hours. Those polled strongly
       feel that shopping for liquor is already convenient enough. So owners
       would face increased overhead that could devastate their bottom lines,
       even though their customers feel well-served by the stores in their
       communities and by the system as it stands.

       And most importantly, DWI fatalities on Sundays reportedly increased
       'sharply' after Sunday liquor sales were approved in New Mexico. Since
       Texas is currently third in the nation for alcohol-related highway
       fatalities, it's no surprise that legislation with this track record
       faces sharp opposition.

       The Sunday sales legislation is being pushed by out-of-state liquor
       distillers who, simply put, want Texans to drink more liquor. Their
       legislation is overwhelmingly opposed both by Texas voters and local
       Texas businesses, and is a bad idea all the way around."

According to the poll, eighty-one percent of all Texas voters believe that current liquor store hours already provide enough time and convenience to shop for alcoholic beverages. And almost two-thirds of all voters agreed that bars being open on Sunday does not justify opening liquor stores seven days a week.

When informed that New Mexico saw a sharp rise in Sunday alcohol-related vehicle fatalities after a law passed allowing liquor stores to be open on Sundays, 74 percent of those polled oppose changing the law in Texas.

After hearing more about the issue, 67 percent of voters oppose (58 percent strongly oppose) allowing liquor stores to be open on Sundays, compared to 29 percent who favor the idea. Seventy-eight percent of Republicans, 63 percent of Democrats and 62 percent of Independents oppose allowing Sunday sales of liquor in Texas.

Several bills that aim to allow the Sunday sales of liquor have been filed.

A release of this survey is attached.

                         Summary of Texas Statewide Voter Survey
                         Regarding the Liquor Sales on Sundays

   The following results are from a telephone survey of N=801 randomly
   selected registered voters in the state of Texas. This survey was
   conducted February 24-26, 2009. The margin of error to the results of this
   survey is +/- 3.5% at the .95 test level.

   From the outset of the survey, a majority of voters oppose allowing liquor
   stores to be open on Sundays. A majority of Republican voters (59%), and
   nearly half of Democrats and Independents (49% each) oppose the retail
   sale of hard liquor by liquor stores on Sundays.

       Version X: Do you favor or oppose allowing liquor stores to be open on
                  Sundays?

       Version Y: Do you favor or oppose the retail sale of hard liquor by
                  liquor stores on Sundays?

              n=398    n=401     N=801
              Ver X    Ver Y     Total
               29%      32%       30% Favor
               54%      52%       53% Oppose
               10%      10%       10% Depends / other
                6%       6%        6% Unsure / refused

   [Note: There is no statistical difference in the results to the question
   split sampled above]


   Opposition to the sale of alcohol in liquor stores on Sundays increases
   based on specific information. Included in this assessment are the
   following:

       Current liquor store hours of 10 a.m. to 9 p.m. Monday through
       Saturday, already provide enough time and convenience to shop for
       liquor.

         81% Agree        17% Disagree        2% Depends / Neutral / Unsure


       The retail sales of liquor during the other six days a week make
       buying liquor convenient enough.

         78% Agree        20% Disagree        2% Depends / Neutral / Unsure

       For religious and moral reasons, liquor stores should remain closed on
       Sundays.

         61% Agree        36% Disagree        3% Depends / Neutral / Unsure

       Would you favor or oppose liquor stores being open on Sundays if you
       knew that New Mexico recently experienced an increase in drunk driving
       highway fatalities when they passed a law allowing liquor stores to be
       open on Sundays.

         17% Favor        74% Oppose          9% No difference / Unsure


   After hearing more about it, 67% of Texas voters oppose (58% strongly)
   allowing liquor stores to be open on Sundays compared to 29% who favor the
   idea. Informed opposition is 78% among Republicans, 63% among Democrats,
   and 62% among Independents. In addition, 54% of respondents who have
   purchased alcohol in the last three months, and 81% of respondents who
   have not, oppose Sunday sales after hearing the informative statements.

       Having heard more about it...

       Version X: Do you favor or oppose allowing liquor stores to be open on
                  Sundays?

       Version Y: Do you favor or oppose the retail sale of hard liquor by
                  liquor stores on Sundays?

              Ver X    Ver Y     Total
               28%      30%       29% Favor
               69%      65%       67% Oppose
               2%        3%        2% Depends / other
               1%        2%        2% Unsure / refused

   A similar question was asked earlier in the survey regarding a specific
   region of the state, and five out of eight voters (63%) oppose allowing
   liquor stores in just the fourteen Texas counties that border Mexico to
   be open on Sundays.

       Do you favor or oppose allowing liquor stores in just the fourteen
       Texas counties that border Mexico to be open on Sundays?

                 21% Favor
                 63% Oppose
                  7% Depends / other
                  9% Unsure / refused

SOURCE Baselice and Associates

Big Majority of Texans Don't Want Liquor Sales on Sundays

2009-04-06T02:09:00.000-07:00

AUSTIN, Texas --- According to a new statewide poll conducted by Baselice and Associates and released today, the vast majority of voters oppose allowing liquor stores to be open on Sundays. Texas voters oppose the proposal by a margin of 67 - 29 percent.

The survey of Texas voters was conducted between February 24 - 26, 2009 and has a margin of error of +/- 3.5 percent.

In response to the poll numbers, Fred Marosko of the Texas Package Stores Association released the following statement:

"The majority of liquor store owners, like Texas voters, are overwhelmingly opposed to opening on Sundays for several important reasons.

Customers aren't asking for longer store hours. Those polled strongly feel that shopping for liquor is already convenient enough. So owners would face increased overhead that could devastate their bottom lines, even though their customers feel well-served by the stores in their communities and by the system as it stands.

And most importantly, DWI fatalities on Sundays reportedly increased 'sharply' after Sunday liquor sales were approved in New Mexico. Since Texas is currently third in the nation for alcohol-related highway fatalities, it's no surprise that legislation with this track record faces sharp opposition.

The Sunday sales legislation is being pushed by out-of-state liquor distillers who, simply put, want Texans to drink more liquor. Their legislation is overwhelmingly opposed both by Texas voters and local Texas businesses, and is a bad idea all the way around."

According to the poll, eighty-one percent of all Texas voters believe that current liquor store hours already provide enough time and convenience to shop for alcoholic beverages. And almost two-thirds of all voters agreed that bars being open on Sunday does not justify opening liquor stores seven days a week.

When informed that New Mexico saw a sharp rise in Sunday alcohol-related vehicle fatalities after a law passed allowing liquor stores to be open on Sundays, 74 percent of those polled oppose changing the law in Texas.

After hearing more about the issue, 67 percent of voters oppose (58 percent strongly oppose) allowing liquor stores to be open on Sundays, compared to 29 percent who favor the idea. Seventy-eight percent of Republicans, 63 percent of Democrats and 62 percent of Independents oppose allowing Sunday sales of liquor in Texas.

Several bills that aim to allow the Sunday sales of liquor have been filed.

source

Confessed Shooter a Marine Reservist

2009-04-05T02:08:00.000-07:00

The U.S. Marine Corps gives News 3 more information into John Thuesen's military career. A spokesman with the Marines said the 25 year old is a Marine reservist who is now inactive but was called up to active duty in 2004 when he was deployed to Iraq. Thuesen was in Iraq from August 2004 to March 2005 as a Sergeant radio operator. As stated before Thuesen is now inactive, but the Marine Corps did say Thuesen more than likely saw combat but they were unable to be more specific.

Thuesen is the admitted shooter in Friday's double homicide of Travis and Rachel Joiner in College Station. Thuesen is charged with capital murder and remains in Brazos County Jail without bond.

According to College Station police, Thuesen called authorities Friday after the shootings and later admitted he had shot the Eldorado siblings.

Thuesen is an Austin County native, originally from Cat Spring. Calls to area law enforcement agencies show the 25 year old has been arrested for various alcohol related offenses, including a DUI and DWI. He was also arrested in Waller County in 2007 for stalking, which is a felony offense. That charge was later changed to a misdemeanor of criminal trespassing.

source

Taser effective as a law-enforcement tool

2009-04-04T02:07:00.000-07:00

By Dan Jennings

Thu, Mar 12, 2009 (11:13 a.m.)

Dan Jennings

For the past four years, officers of the Boulder City Police Department have carried the Taser, a hand-held electronic control device that provides a less than lethal option in volatile situations.

To become certified to carry the Taser, officers receive six hours of specialized training that culminates in one being "Tasered." Officers must receive additional training each year and demonstrate knowledge and proficiency of the device. Thousands of law enforcement officers nationwide have been trained with the Taser.

I believe the Taser is the best tool for law enforcement since the bullet-resistant vest. On many occasions, merely drawing my Taser from its holster has been enough to control unruly suspects. Other officers have reported similar experiences.

Setting aside my personal experiences in successfully deploying the Taser, scientific studies confirm my claims about its usefulness. Since fully instituting the Taser program, the Phoenix Police Department has seen a 67 percent reduction in suspect injuries. The Austin Police Department realized an 82 percent decrease in suspect injuries and a 50 percent decrease in the number of injured officers.

Why are these statistics important to the public? The savings in reduced liability and workers compensation costs are a boon to taxpayers, especially in these tough economic times.

The public should also know that the Taser is safe. In addition to being "Tasered" in 2005 when I was initially certified to carry the device, I attended instructor training last week.

As part of the training, I was shot from a distance of 15 feet. The two probes lodged snugly in my back. I then received a five-second "full ride" courtesy of my instructor, Henderson City Marshal Jim Light.

I recovered quickly and suffered no injuries or pain — except for sore muscles the next day and the knowledge that somewhere there is a video of my ordeal. Fortunately, the camera was filming from my good side as it captured the probes striking my body.

Feb. 26 – Narcotics arrest

Officers of the Graves II squad (Ford, Woolsey, Wilkin, and Case) respond to a residence at 8:30 p.m. after neighbors complain of excessive traffic and loud noise. A 23-year old mother of three admits to selling narcotics and gives officers permission to search her purse. A quantity of heroin is seized and the woman is arrested. Her three children were released to the custody of her mother.

Feb. 27 – Drunk driver

At 9:15 p.m., a motorist en route from Henderson to Boulder City on U.S. 93 uses his cell phone to call 911 about an erratic driver swerving on the highway. The erratic driver almost collides with other vehicles and the NHP and HPD dispatch centers are flooded with calls. Officer Wilkin pulls the vehicle over but not before the driver jumps the curb. Officer Wilkin has one in custody for DUI alcohol.

Feb. 28 – Drunk driver

Officer Salazar stops a vehicle for a traffic violation on Avenue A at 3 a.m. The 48-year old female driver has the odor of an alcoholic beverage on her breath and fails the field sobriety tests. Officer Salazar has one in custody for DUI alcohol.

March 1 – Felony warrant arrest

Officer Healing stops a vehicle for a traffic violation at 5:00 p.m. on Nevada Highway. A 24-year old woman riding in the vehicle provided false identification to officers but was subsequently arrested after her true identity was determined. The woman was reluctant to provide her true name because she was wanted by California authorities for insurance fraud.

March 2 – Warrant arrest

Officer Ham recognizes a 24-year old local man near the 7-11 on Nevada Way and remembers that he has a bench warrant. Officer Ham has one in custody en route to the police station.

March 3 – Felony warrant arrest

An intoxicated female flags down Officer Barth in front of the Sands Motel at 12:09 a.m. She wants to provide information about local drug activity, but is evasive about her true identity. Officer Barth learns that the 50-year old woman is wanted by Arizona authorities for felony charges. After issuing her a citation for public intoxication, Officer Barth has one in custody en route to the Clark County Detention Center.

March 4 – Defrauding a taxi driver

A 37-year old man tries to pay his $72 cab fare with a credit card. The credit card is denied and the suspect exits the cab and runs into the Post Office. Officer Olson arrives and after investigating the incident, arrests the suspect and takes him to jail.

Weekly Statistics

Incident reports — 62

Traffic stops — 230

Citations issued — 164

Adult arrests — 16

Juvenile arrests — 0

Animal control — 136

source

Pending legislation aims to reinstate suspended police, firefighters sooner

2009-04-03T02:06:00.000-07:00

Sunday, March 15, 2009

By Tommy Witherspoon

Tribune-Herald staff writer

The city of Waco is opposing pending new civil-service legislation that some have dubbed the “Larry Kelley bill.”

Backed by the 17,000-member police union, the Combined Law Enforcement Associations of Texas (CLEAT), House Bill 1545 would amend the Local Government Code to guarantee immediate reinstatement to a suspended police officer or firefighter who prevails in a hearing before the Civil Service Commission or an independent, third-party hearing examiner.

Filed by State Rep. Robert Miklos, D-Mesquite, and assigned March 2 to the House Urban Affairs Committee, the bill was created with Kelley, a former Waco assistant police chief, in mind, said Charley Wilkison, CLEAT political and legislative director.

Former Waco Police Department assistant chief Larry Kelley was fired in January 2001 after pleading no conest to drunken driving in Austin. (Duane A. Laverty photo)

Kelley was fired in January 2001 after he pleaded no contest to drunken driving in Austin. He since has waged an eight-year legal battle with the city of Waco, which most recently has appealed the case to the Texas Supreme Court.

Kelley, who served a 180-day suspension, appealed his firing to a civil-service hearing examiner, who reinstated him with a two-rank demotion to sergeant after ruling that the indefinite suspension was too harsh.

The city appealed that decision in 2002, even though Kelley’s attorneys say they went into the civil-service hearing thinking that the arbitrator’s ruling was binding. Since then, the case has been shuffled back and forth through at least three layers of the judicial system, with Kelley prevailing on every level. It is now pending with the Texas Supreme Court in Austin.

“I just think that if a police officer or firefighter is going through an administrative process, if they win, they should be able to feed their family during however long the city wants to keep them in the appeals process,” Miklos said. “I just don’t think it is right when they have prevailed to basically get starved out during the appellate process.”

Miklos said he is aware of Kelley’s situation and those of other officers in similar cases. However, he said that legislation “is never directed at an individual circumstance” and stressed that he is not an advocate for drinking and driving or “anybody who would get a DWI.”

“But this bill encourages cities to follow the rule of law,” Miklos said. “How many of us could wait years for court proceedings and make no money at all?”

Waco City Attorney Leah Hayes said the city does not support the proposed bill.

“We oppose any bill that takes decision-making powers away from the chief, who is in a better position to make decisions about staffing the department,” Hayes said.

The bill states that if the “commission or an arbitrator orders that the suspended firefighter or police officer be restored to the position or class of service from which the person was suspended, the firefighter or police officer is entitled to immediate reinstatement to the position or class of service from which the person was suspended, notwithstanding any action filed in a court by the municipality or department head challenging the commission’s decision.”

The bill also requires the officers to be given full compensation for back salary and benefits.

The city’s appeal in the Kelley case challenges whether the arbitrator had the authority under law to demote Kelley two positions.

Kelley’s attorney, LaNelle McNamara, said that at present, after eight years of legal wrangling, Kelley would be entitled to about $1.25 million in back wages, benefits and attorneys’ fees, including interest that is accruing at 10 percent a year, should he ultimately prevail.

Wilkison, with CLEAT, said civil service rules were passed into law in 1945, adding that they represent a “civilization of rules, a structure that we are all bound by.” He said the system breaks down into anarchy when people on either side of a conflict don’t agree to play by the rules.

“It is intended to take the personal political prejudice out of the situation and to keep a local hot-button issue from turning into a situation where the officer winds up being starved out when the arbitrator never intended that and the rules don’t support it. It’s all about living inside the bounds,” Wilkison said. “Cities need to stop ignoring legal guidelines and spending thousands if not hundreds of thousands of taxpayer dollars in wasteful legal fees while running amok with some political agenda.”

source

15 Minutes: No get-out-of-jail-free card here (video)

2009-04-02T02:05:00.000-07:00

By Edie Grossfield
Post-Bulletin, Rochester MN

About five years ago, Harley riding buddies Roe Naylor and Virgil Legried entered the bail bond/bounty hunting business, an idea sparked from a conversation over a few beers one night. Before starting the Austin-based business, Naylor had worked for another bail bond company and Legried had been a delivery driver and a motorcycle mechanic.

Today, Naylor takes care of the day-to-day bail bond business, which now has 30 agents throughout the state, and Legried continues to work on motorcycles in a shop in their building. Legried also sometimes accompanies Naylor when bounty hunting is necessary.

What exactly do bail bondsmen do?

Bail bonds are a way to get out of jail, obviously. If you get in trouble, like you get a DUI or something, and you don't want to sit in jail, hopefully you'll see our number and call us. So the judge could set a bail amount of, say, $12,000. We post a bond for that amount and we charge you 10 percent, which is pretty much a statewide standard. You give us the money, sign some paperwork and we get you out of jail.

And then you bring me back to jail if I don't show up for court, right?

Yes. Say the bail bond is $12,000, I'll have so many days to get the defendant back in custody. If I don't, then I have to write a check to the court for $12,000.

And therein lies the incentive for you.

Right. But, you know, sometimes, people just don't realize they missed court. Their court dates got mixed up, or they forgot, or whatever. Sometimes, though, we do get people that run. They move out of town, out of state, sometimes out of country.

Have you ever had to pay the bail amount because you couldn't find someone?

We've had to pay a few. Any bonding company that says they've gotten every one of their guys, I'd probably have to call them a liar. But we have a pretty good success rate. We've been to Colorado, we've been to Texas, North Carolina, Wisconsin, Illinois, Iowa. I've been up two miles from the Canadian border in Minnesota chasing these people down.

Do you like the bounty hunting part of the business?

I don't mind the bounty hunting -- some of it's fun. But we've also been shot at, we've had guns pulled on us. I got a wife and a son and I plan on seeing them every day of my life. So we wear vests -- they're not quite as fancy as the police wear -- but we protect ourselves the best we can and we try not to put ourselves in a situation that's dangerous.

What does it take to be a bounty hunter?

You have to be able to talk to just anybody. A shy person, it just won't work. But you don't want hot heads. When I'm looking at someone to work for me, I check out their temperament. If they can keep their calm while being insulted, and their mother being insulted, that's what you're looking for.

source

Travis County prosecutor arrested on DWI charge

2009-04-01T02:04:00.000-07:00

Austin police arrested a Travis County prosecutor Saturday on the charge of drinking and driving.

Richard Gentry, who works at the Travis County Attorney's Office, was pulled over on West 6th Street for a traffic violation, according to Austin police.

They say an officer gave Gentry a field sobriety test and he agreed to take a breathalyzer test. According to police, Gentry's blood alcohol level was .18. The legal limit in Texas is .08.

Travis County Attorney David Escamilla told KEYE Monday Gentry has submitted his resignation. Escamilla will appoint a special prosecutor to handle the case to prevent conflict of interest.

source

Texas Senate Committee Considers DWI Breath Test Bill

2009-03-31T01:57:00.000-07:00

Drunk driving suspects in Texas would no longer be allowed to refuse a breath or blood test under certain circumstances, under a bill being considered by the state Senate Criminal Justice Committee.

Texas already allows police officers to take a breath or blood sample if a DWI suspect causes a wreck that results in death or serious injury.

SB 261, by Greenville Sen. Bob Deuell, would expand that authority in cases where the accident involved injury that required the victim to be taken to a hospital or clinic for medical care. It would also permit blood and breath tests of DWI suspects driving with a child in the car, or suspects with a prior intoxication felony conviction or two prior DWI convictions.

Williamson County District Attorney John Bradley testified before the committee, saying that breath and blood test refusals make it hard to convict drunk drivers. He said more than half of all DWI suspects refuse to take a breath test, and while officers try and get a warrant for a blood test, a process that can take hours, these suspects sober up.

If SB 261 passes, he said, it would go a long way to help law enforcement officials get dangerous repeat drunk drivers off the roads, as well as create other benefits for the criminal justice system. "That effect will be much more successful prosecution, much less waste of the resources in our courtrooms and, frankly, safer highways," said Bradley.

Austin already has such a program in place. Austin Police Chief Art Acevedo testified that his officers have already conducted three "no-refusal" weekends, where a judge is on-hand to issue court orders for those DWI suspects that refuse a breathalyzer. Acevedo said his program has been very successful, netting nearly 60 misdemeanor drunk drivers. "There's a lot of evidence to show that these programs work," he said.

Source: Texas Senate, www.senate.state.tx.us

Austin drunk driving suspects cannot refuse a blood test this weekend

2009-03-30T01:56:00.000-07:00

Austin Police will once again crack down on suspect drunk drivers with another no-refusal weekend beginning at 9 p.m. Friday night.

That means if you're suspected of driving drunk and won't submit to a breath test, cops will get a warrant to draw your blood.

”For me personally I think it's a great idea,” driver Elaine Law told CBS 42 News. “I realize people have concerns about it being an intrusion on their privacy, but you know wrecks are really an intrusion too.”

Police say they’re cracking down on college kids behind the wheel for Spring Break. They insist the no-refusal weekend wasn’t timed to target all the out-of-towners in Austin for South by Southwest and the Austin Rodeo.

“I don't like it, but I watch what I do anyway,” said George Fritz, one of many motorists who’ll be headed to the rodeo this weekend.

The no-refusal weekend will end at 5 a.m. Saturday morning.

Austin Police made 54 DWI arrests during the first no-refusal weekend Halloween night. Another two dozen were booked New Year’s Eve and 21 were busted Superbowl Sunday.

source

Firefighter balks burglary attempt at downtown station

2009-03-29T01:55:00.000-07:00

A man and a juvenile are behind bars after a firefighter foiled the apparent burglary of a fire station, according to reports from the Columbus Police Department

Zerrick Taylor of Columbus and an unidentified juvenile accomplice were arrested Tuesday afternoon by the CPD. Firefighter Mark Ward of Fire Station 1 in downtown Columbus flagged down CPD officer David Hunt and told him he saw two black males coming out of the fire station as he was pulling into the building.

Ward stated he saw two city-owned laptops on the floor. Ward confronted the two and they took off running. Hunt tracked down the pair and transported them back to the fire station where Ward positively identified them as the two he had encountered. The juvenile was transferred to the Juvenile Detention Center and charged with felony attempted grand larceny. Taylor was transferred to the Lowndes County Adult Detention Center. Nothing was found missing from the fire station. The case remains under investigation. Taylor’s bond has been set at $1,500.

The following other people were arrested on felony charges, according to reports released from the Lowndes County Sheriff’s Office:

Thomas Earl Austin, Jr., 36, of 156 Pandora Drive in Columbus, was arrested by the CPD last Thursday. He is charged with one of count felony possession of a weapon by a felon
n Warren Dickerson, 53, of 1514 Martin Luther King Drive in Columbus, was arrested by the LCSO Wednesday. He was charged with one count of misdemeanor possession of marijuana and one count of felony possession of cocaine.
Rufus Pope, 46, of 2213 Washington Ave. in Columbus, was arrested last Tuesday by the LCSO. He is charged with felony DUI, third offense.
Joseph Wilson Koger, Jr., 29, of 40018 Hamilton Road in Hamilton, was arrested by the LSCO last Tuesday. He is charged with one count of felony possession of methamphetamine, one count of misdemeanor reckless driving and one count misdemeanor failure to provide proof of insurance.
Ricky Lee Spruill, 32, of 8462 Highway 182 in Columbus, was arrested by the LSCO last Wednesday. He is charged with one count of felony burglary.
Cassie Deann Baker, 21, of 8462 Highway 182 E. in Columbus was arrested by the LSCO last Wednesday. She is charged with one count of felony burglary.
Mary Gray, 59, of 618 Ninth Ave. S. in Columbus, was arrested by the CPD last Wednesday. She is charged with one count felony DUI, third offense and one count of misdemeanor driving with no insurance.

APD holds 'No Refusal' initiative

2009-03-28T01:54:00.000-07:00

Austin police’s “No Refusal” was held Friday night. From Friday at 9 p.m. until Saturday at 5 a.m., any person arrested for DWI will have to give a breath or blood sample.

Police fear the combination of the SXSW crowd and those celebrating spring break might be deadly on our roadways.

If anyone is arrested for a DWI police will get a judge-issued warrant for a breath or blood specimen.

KVUE rode along on the last initiative on Super Bowl Sunday where police netted 21 arrests.

The program has been very controversial here in Austin. But the majority of out-of-towners we spoke with like the idea. Rob Turner and Brittany Thomas are from the Big Apple.

"I agree with it, actually. I think they should have to do that no matter what,” said Thomas.

“We have roadblocks in New York, anyway … so we're used to that kind of stuff,” added Turner.

In two weeks on March 30, city leaders and Austin Police Chief Art Acevedo will host a public forum on the blood draw issue. It will be held in the city council chambers and starts at 6pm.

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Short on money, losing patience

2009-03-27T01:53:00.000-07:00

By Juan Castillo
AMERICAN-STATESMAN STAFF
Sunday, March 22, 2009

Jobless for months, his money running low and his patience burned thin, Roberto Romero is running a little hot.

As he ponders his predicament, Romero, a fan of the fights, evokes the hard-punching style of one of his boxing idols, the iconic heavyweight Rocky Marciano.

"The politicians need to do something," said Romero, a machine shop helper who was making about $400 a week before he was laid off in November. "When people get laid off, they're playing with their dignity and their necessity to have income to live."

A short, proud man with dark hair cropped in a tight buzz, Romero, 55, fires off complaints that show his frustration with the sick economy and his inability to find another low-wage job that matches his skills.

For months now, Romero has spent large chunks of his days looking for work, mostly at the bustling Workforce Solutions job center in North Austin, which was filled earlier this month with dozens of jobless people like him. First Romero prints out long slips of paper bearing job listings, then takes them to a computer where he can apply for them — usually five to seven jobs whenever he visits the center, several times a week.

But the vast majority of employers don't bother to respond, leaving Romero collecting old job slips the way a kid collects trading cards. When he spoke to the American-Statesman, Romero carried at least two dozen slips in a plastic bag, along with a thick guide on résumé writing and cover letters.

He said that his driving record includes one misdemeanor DWI and said he gave up drinking six years ago. But he suspects that being truthful about his record has hurt his chances with would-be employers.

"I want to work," he said several times during a long conversation at the job center, surrounded by long rows of computers, each one being used. "I want success for me and my son. In 10 years I'm going to be retired, and what kind of retirement am I going to have?"

To keep going, he said he has borrowed about $10,000 from his brother. Romero, who is divorced, and his 17-year-old son, Roberto Jr., ("he's a very good kid — he wants to be a police officer") live in a $650-a-month, two-bedroom duplex in North Austin. Romero receives about $320 a week in unemployment insurance benefits and about $325 a month in food stamps, benefits he said he would gladly lose.

"I would rather work," he said.

3 Men Accused of Being in Poaching Ring

2009-03-26T01:52:00.000-07:00

Report of Gunfire Leads to Scores of Animal Parts

A report of illegal gunfire in Lucketts last year led authorities to a trove of deer meat, antlers and hawk claws belonging to three men suspected of being members of a poaching ring, the Loudoun County Sheriff's Office announced last week.

The investigation began Nov. 29, when a Lucketts man called authorities about 9:50 p.m. to report three men shooting from a vehicle on Rosefinch Circle. The resident confronted the men, and they fled, authorities said.

About 11 p.m. that night, a Loudoun sheriff's deputy pulled over a truck matching the description the resident gave. The driver, Joseph A. Hobbie, 35, of Martinsburg, W.Va, was alone, and the deputy noticed blood and animal hair in the bed of the truck, said Loudoun sheriff's spokesman Kraig Troxell.

Hobbie was arrested and faced multiple charges, including DUI, unlawful possession of wildlife and obtaining a hunting license under false pretenses. He was found guilty on all counts March 9 and sentenced to 10 days in jail and $1,100 in fines. His hunting license was suspended for three years and his driver's license for six months.

The investigation led authorities to the two men they believe were with Hobbie that night in November: Jason Andrew Austin, 28, and Josh Dean Pratt, 23, both of Leesburg. In December, authorities searched their residences and found 78 sets of deer antlers, 72 turkey beards, three firearms, the claws of two hawks, four partially white deer hides, and packaged venison and other parts from at least seven deer.

Austin and Pratt were arrested this month, and both face a slew of illegal hunting charges. Austin also faces federal game violations for possession of the claws of federally protected birds, authorities said. Both men are due in court April 29.

Pratt's attorney, Eric J. Demetriades, declined to discuss the specifics of the case but said his client "still maintains his innocence."

Calls to Austin's home and Hobbie's attorney for comment were not returned.

Troxell said that although illegal hunting incidents are not uncommon in the largely rural western part of the county, the number of animals involved in this case was unusual.

"It's possible this operation was more extensive beyond what we discovered at this one time," Troxell said. "It's unclear as to what their intent was with the number of items."

Bruce Lemmert, a conservation police officer with the Virginia Department of Game and Inland Fisheries who helped investigate the case, said it is particularly egregious because Loudoun has very liberal deer-hunting laws, making it unnecessary to skirt restrictions.

He said Loudoun often records the highest number of legally killed deer in the state in a given year: about 6,500, compared with rural counties that typically register 2,000 to 3,000.

Loudoun hunters can kill deer on private property with the consent of the landowner anytime during deer hunting season, which lasts from September through March, Lemmert said. He said the suspects in this case were shooting from a vehicle, on a roadway and near residences, all of which is illegal.

"We feel it was a disregard for any hunting laws at all, or hunting ethics, and the charges reflect that," Lemmert said.

Lemmert said venison is sometimes sold illegally, although there is no proof that was being done in this case. The venison seized from the men was donated to Hunters for the Hungry, a nonprofit group that provides game meat to the needy.

APD to hold another DWI blood draw this week

2009-03-25T02:04:00.001-07:00

KVUE News

KVUE News has learned Austin police will hold another DWI blood draw initiative this week.

Starting Friday at 9 p.m., police will get quick warrants to draw blood from some suspected drunk drivers who refuse to give breath or blood samples.

The controversial program has been used several times in the last year on nights when police expect to see an increase in drunk drivers.

source

Ocala man charged in crash that killed 85-year-old

2009-03-25T02:02:00.000-07:00

OCALA - A 21-year-old Ocala man who was involved in a two-vehicle crash that killed a former World War II pilot in early January was arrested Tuesday by the Florida Highway Patrol.

After the Jan. 7 wreck at Southeast 24th Street and Southeast 40th Avenue that claimed the life of 85-year-old Harvey J. Staley, blood was taken from Christopher Feliciani.

Test results showed that Feliciani had a blood alcohol content of .022, below the legal limit of .08, but difluoroethane was also found in his system, according to a follow-up report written by Cpl. Susan Barge. Barge obtained an arrest warrant for Feliciani on Tuesday and arrested him at his mother's Silver Springs home Tuesday afternoon.

Feliciani was taken to the Marion County Jail, where he was booked on charges of vehicular homicide and DUI manslaughter shortly after 5:30 p.m., according to jail records.

Difluoroethane is a chemical commonly found in aerosol cans of dust remover. According to the National Institutes of Health, it is sometimes abused as a chemical inhalant. Barge noted that fact in her report.

The trooper also calculated that Feliciani's speed was 75 mph in a 35 mph speed zone near Maplewood Elementary School.

According to the crash report, Feliciani was heading west on Southeast 24th Street in a 1998 Ford truck, while Staley was traveling in the opposite direction in a 1997 Ford truck. As Feliciani's truck rounded the curve, it careened off the road. The vehicle continued to travel on the shoulder, then spun counterclockwise. It ended up in the eastbound lane, colliding with Staley's vehicle.

Staley died at the scene. It was the first traffic fatality for the year.

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Police & Fire Briefs for March 23, 2009

2009-03-25T01:51:00.000-07:00

Police probe man’s shooting by wife

A Baton Rouge man is in the hospital after being shot by his wife Saturday evening, police said Sunday.

Police spokesman Lt. Charles Armstrong said the wife shot her husband around 5:30 p.m. in a home at 2936 Greenwell St.

The man is in stable condition and no charges have been filed against the woman, Armstrong said. Police are still investigating the shooting.

Authorities arrest 3 on suspicion of DWI

Authorities arrested at least three people suspected of driving while intoxicated in East Baton Rouge Parish and booked them into Parish Prison between 3 p.m. Saturday and 3 p.m. Sunday, booking records show.

Those booked and the counts against them:

Tyler J. Rubley, 22, 802 W. Campus, first-offense DWI and driving the wrong way on a one way street.
Austin Allen Conn, 22, 3135 Highland Road Apt. No. 510, first-offense DWI and reckless operation of a vehicle.
Daniel York Carleton, 28, 710 E. Boyd Drive No. 203, first-offense DWI, failure to change address on driver’s license, speeding, improper lane usage, reckless operation of a vehicle and motor vehicle insurance required.

Superior court judge applicants offer their histories

2009-03-25T01:47:00.000-07:00

Monday, March 23, 2009

Derek Carlisle, 43, currently works in the Mohave County Attorney's Office. He has a bachelor's and a juris doctorate degree from the University of Texas at Austin and graduated with honors.

He interned at the Texas Court of Criminal Appeals and the Travis County Attorney's Office. He was accepted to the Arizona Bar in 1993 and worked for the Maricopa County Superior Court as a bailiff to tax court judge William Schafer until 1994, when he was hired by the Mohave County Attorney's Office.

Carlisle also assisted in rewriting the Mohave County Local Rules of Court in 2002 and 2008.

According to his application, Carlisle has had a few inquires about professional misconduct to the Arizona State Bar. However, the bar filed no charges.

He prosecuted the Robert Benjamin case in 2006. Benjamin shot to death his ex-girlfriend and her new boyfriend. Benjamin accepted a plea agreement and was sentenced to life in prison.

Carlisle also has experience teaching other attorneys and has been a board member of the Kingman Boys and Girls Club. He was also nominated three times for felony prosecutor of the year award from the Arizona Prosecuting Attorneys' Advisory Council.

Ron Gilleo, 44, is the current Mohave County Legal Defender. He has a bachelor's of science in Justice Studies from Arizona State University and a juris doctorate from the University of Oklahoma.

He served as a detention officer and then a probation intern at the Maricopa County Sheriff's Office from 1987 to 1992. He graduated from the academy as the cadet with the highest academic achievement. From 1992 to 1996, he served as a detention officer at the Oklahoma County Sheriff's Office, then as an associate intern and attorney at Haralson and Associates from 1995 to 1996 and as a defense attorney intern at the University of Oklahoma's Criminal Defense Clinic in 1995. He then moved to the Mohave County Attorney's Office in 1996 and became the County Legal Defender in 2000.

Gilleo was admitted to the Arizona and Oklahoma State bars in 1996. He resigned from the Oklahoma Bar in 1998.

Gilleo has handled mostly criminal cases since arriving at the CAO in 1996, but while at Haralson and Associates he did handle civil cases such as collections and family law.

He ran for Division IV Judge in 2006 and lost.

Gilleo is also involved in the Kingman Boys and Girls Club as a basketball coach. He also coached basketball and Pop Warner Football for the city of Kingman Parks and Recreation Department, has been a Boy Scout leader and a church youth leader.

Lee Jantzen, 48, is the current Mohave County Superior Court Commissioner. He graduated from Midwestern State University in 1987 with a bachelors of arts and from the University of Wyoming College of Law with a juris doctorate in 1991. While in law school he wrote legislation for the Wyoming Attorney General's Crime Victim Compensation Staff. Some of the legislation written by Jantzen was passed by the Wyoming Legislature.

He was admitted to the Arizona State Bar in 1992 and the Florida Bar in 1999. He has retired from the Florida Bar.

Jantzen worked for the Mohave County Attorney's Office from 1992 to 1994, when he left to become an assistant city attorney for the City of Kingman. He returned to MCAO in 1996 and then left in 1999 to serve as an assistant state attorney for the Florida State Attorney's Office. He returned to MCAO in 2001 and in 2007 became a Superior Court Commissioner.

As commissioner Jantzen has handled a number of criminal as well as juvenile, juvenile drug court and fugitive cases.

Jantzen prosecuted the Ray Carlton case in 2005. Carlton and a 16-year-old girl stabbed and shot a woman to death on U.S. 93. Carlton was sentenced to life in prison.

Jantzen was one of several defendants sued for improper prosecution of an arson case in 2007. The case was dismissed in 2009.

Three charges of misconduct were filed against Jantzen with the Arizona State Bar in 1997, 1998 and 2004. In 1997, a defendant accused Jantzen of conspiring with a judge and defense counsel. In 1998, the mother of sexual assault defendant accused him of inappropriate conduct, and in 2004 a defendant in a stabbing case accused him of misleading the tribunal. Jantzen did not have to respond to the bar for any of the charges.

Jantzen has served as a member of the Board of the Mohave County Bar Association, the Court Appointed Special Advocate board, the Child Fatality Review Team and is a member of Rotary. He also coaches Little League, youth basketball and Teen Court. He was named Prosecutor of the Year in 1998 and 2004.

Thomas Jones, 40, is the only candidate that currently works outside of the county. Jones is a prosecutor for the La Paz County Attorney's Office. He graduated magna cum laude with a bachelor's degree from the University of Arizona in 1994. In 1997, he graduated with a juris doctorate from Georgetown University Law Center.

He was admitted to practice law in the Arizona Supreme Court in 1997, in the United States District Court for Arizona in 2000, the Ninth Circuit Court of Appeal in 2001 and the U. S. Supreme Court in 2001.

Jones has worked as a Lake Havasu City Prosecutor, a Yuma County Attorney, had his own practice in Lake Havasu City and is currently the chief deputy criminal attorney for the La Paz County Attorney's Office.

He also has experience in bankruptcy, domestic relations, dependencies, juvenile, estate planning, guardianship, probate, personal injury, contract disputes and civil litigation.

Jones served in the U.S. Air Force, was a member of the Federalist Society, served as the Vice Chair of the Mohave County Bar Association, worked as member of the Volunteer Lawyer Program, served on the board of directors for the Community Legal Services Board and as chairman of the finance committee for the River Cities United Way. He was named Mohave County Pro Bono Attorney of the Year in 2006, Volunteer Lawyer Program Attorney of the Year in 2006 and Top 50 Pro Bono Attorneys in Arizona in 2007.

Steven Moss, 43, is a private attorney in Bullhead City. He graduated from Eastern Michigan University with bachelor's degree in 1992 and graduated cum laude with a juris doctorate from Thomas M. Cooley Law School in Michigan in 1995.

During law school he worked in the Legal Aid of Central Michigan Office.

He was admitted to practice law in the Arizona State Supreme Court in 1995, the U.S. District Court for Arizona in 1997 and the Hualapai Tribal Court in 2000.

He has worked in private practice since 1996. His work has been primarily civil cases involving commercial transactions, contracts, real estate, construction, domestic relations, custody, estate planning and as a private arbitrator.

He recently settled a case for a client who was alleged to have sold a defective MRI to a customer.

He has also served as a school board member for the Colorado River Union High School District, in the U.S. Marine Corps, as a member of the Arizona Bar Association, a member of the Mohave County Bar, the Mohave County and Bullhead City Judicial Selection committees, as a volunteer attorney for Community Legal Services, Wills for Heroes and Seniors, and as a volunteer attorney for the Boys and Girls Club of the Colorado River. He is also a member of the Bullhead City Rotary Club, Bullhead City Meals on Wheels, the Shelter for Youth at Risk, Westcare Safehouse and on the advisory board to the Mohave County Probation Department.

He was named Pro Bono Attorney of the Year in 1997 and 2008, received the Outstanding Contribution Award in 2004 and the Pro Bono Service Award in 2005, 2006, and 2007.

He's a volunteer coach for his daughter's soccer team, a member of the Colorado River Republicans and an auxiliary member of the Colorado River Women's Republicans.

John Taylor, 52, is currently a judge in the Kingman/Cerbat Justice Court. He received a bachelor's of arts from Marshall University in 1980 and a juris doctorate from the University of Toledo in 1983. He was admitted to the Ohio State Bar in 1983 and the Arizona State Bar in 1986.

He worked in private practice in Ohio until 1985 and then joined the Mohave County Attorney's Office. In 1999, he became a judge in the Kingman/Cerbat Justice Court.

While working in private practice, Taylor handled civil, criminal, real estate, domestic relations and juvenile cases. As a judge, the majority of his cases have involved traffic or criminal matters.

As a judge, Taylor has had one suit filed against him in federal court. The case was dismissed.

Other complaints have been filed with the state Commission on Judicial Conduct, but no disciplinary action has been taken.

In the late 1980s, another defendant filed a complaint against him with the state bar alleging Taylor had violated the terms of plea agreement. The complaint was dismissed.

He was arrested for DUI in 1988; the conviction was later set aside.

He has served as a member of the Board for the Kingman Center for the Performing Arts, a member of the Mohave County Committee on Judicial Education and Training, the Arizona Supreme Court Judicial Ethics Advisory Committee, the ASC Committee on Public Access to the Courts and the Mohave County Courts Strategic Planning Committee.

He has also served as a legal advisor to Kingman Aid for Abused People, helped with the Boy Scouts, Pop Warner football and is Vice Chairman of the Kingman Area Meth Coalition.

He was awarded Mohave County Prosecutor of the Year in 1990.

Charlotte Wells, 61, is currently in private practice and represents the Northern Arizona Consolidated Fire District. Wells graduated with a bachelor's degree from Arizona State University in 1969 and a master's degree in education from ASU in 1970. She earned her juris doctorate in 1982 from the University of Arizona.

She was admitted to the Arizona Bar in 1982, the U.S. District Court in Arizona in 1983 and the Ninth Circuit Court of Appeals in 1983.

Besides NACFD, Wells has worked as an attorney for Mohave Community College, the Mohave County Attorney's Office, the City of Kingman and in private practice.

She was appointed to the Mohave County Superior Court Division I seat in 2002 and served until 2003. Division I handles mostly civil cases in Bullhead City.

She is familiar with civil matters involving taxing districts, public governance, public accounting, public records, public meeting laws, election laws, employment, fire and safety codes, real estate, risk management, personal injury, contract, estate planning, probate, corporate, malpractice, insurance, family, municipal, planning and zoning and criminal laws.

In 1994 and 1995, Wells helped negotiate the renewal of Kingman's Colorado Water Allocation with the U.S. Department of Interior and helped create the Mohave County Water Authority.

In 1996, she helped with the contract for the city's wastewater treatment plant.

In 1996, she defended the city in a lawsuit brought by Mohave Disposal after the city annexed an area into the city limits. The case made its way to the Arizona Supreme Court. Mohave Disposal later dismissed it.

In 1984, she was arrested and convicted for DUI.

Wells served on the State Bar Board of Governors from 2000 to 2002, on the State Bar Member Assistance Committee and the State Bar Public Law Section, the Mohave County Merit Commission, the Mohave County Self-Insured Risk Board and the Mohave County Employee Benefits Trust Board.

She is also a member of the Mohave County Bar Association, the American Bar Association, was a member of the International Municipal Lawyers Association and the Arizona City Attorneys Association.

FBI informant faces break-in charges

2009-02-28T02:05:00.000-08:00

Charges in Minnetrista incident may harm accused's credibility in conspiracy trial of anarchists arrested in connection with RNC.

By RANDY FURST, Star Tribune

Last update: February 17, 2009 - 11:14 PM

An undercover FBI informant in a high-profile criminal case in Ramsey County against eight members of an anarchist group faces charges himself for assault and burglary.

Andrew C. Darst, 30, who spied on anarchists planning disruptions at the Republican National Convention in September, attended a Hennepin County District Court hearing on Tuesday for a Jan. 11 incident in Minnetrista in which he allegedly broke into a house and struck two men. He is charged with two felony counts of first- and second-degree burglary as well as fifth-degree assault, a misdemeanor.

The hearing was postponed until March 16 because he had obtained a new lawyer.

Darst was a member of the RNC Welcoming Committee, an anarchist group that organized disruptive protests outside the convention. Eight of its members face charges in Ramsey County District Court for criminal conspiracy to commit riot.

Bruce Nestor, one of the attorneys representing the eight activists, said that based on FBI documents the prosecution gave to the defense, he "would confirm that Andrew Darst was a confidential informant" working for the FBI inside the Welcoming Committee.

The Ramsey County attorney's office, which is prosecuting the case against the anarchists, declined to talk about Darst. Nestor said, "It is my impression that the government believes he is an important witness."

Darst was involved in the Welcoming Committee's "action faction," which discussed plans for street disruptions, other group members have said. He had more access to internal plans than three undercover operatives for the Ramsey County Sheriff's Office.

Darst declined to comment. FBI Agent E.K. Wilson said it is FBI policy "not to comment on informant matters." In court papers, Darst's attorney, Patrick Flanagan, stated that Darst will plead not guilty in the Minnetrista case, claiming self-defense. Flanagan declined to discuss the case or Darst's involvement with the FBI.

Tom Foley, a former Ramsey County attorney, said in an interview that "potentially" such an incident could "undermine his [Darst's] credibility as a witness" at the trial of the anarchist group. "I am certain the defense will want to bring it in and the prosecution will want to keep it out," he said. If Darst testifies that he was law-abiding and did not encourage violence, the defense might use the Minnetrista incident to show "his propensity for violence," said Foley.

The RNC Eight case is assigned to Ramsey District Judge Teresa Warner. Paul Gustafson, a Ramsey County attorney spokesman, said it appears the earliest any of the eight will go to trial is September.

According to court documents, Minnetrista police were dispatched to a home on the 800 block of County Road 19 at 2:18 a.m. on Jan. 11. They found the door of the home had been ripped off its hinges.

A woman told police she was Darst's wife and that she had had an argument with him earlier that night. She went to a party at the home where she got "really drunk," she said. She told police that Darst came to the house, broke down the door, yelled at everyone and knocked one man to the floor.

Police said the man had a cut over his left eye that Darst inflicted. Another man said Darst hit him on the head. Darst "appeared to be full of rage and anger," the police report stated. Another female said Darst pushed her down several times. Darst had a blood-alcohol level of 0.035, well below the DWI impairment limit of 0.08.

The police report said Darst admitted going to the house because "he wasn't comfortable with the people his wife was with there." There is a mug shot of Darst on file at the Hennepin County jail, and though such photos are generally available to the public, a clerk said they were not releasing Darst's photo on instructions from the FBI.

Darst was listed as a potential prosecution witness but never testified in the federal court trial of David G. McKay of Austin, Texas, charged with making Molotov cocktails during the RNC, said Jeff DeGree, McKay's attorney. Earlier this month a mistrial was declared after a Minneapolis jury could not agree on a verdict in McKay's trial.

Reports of undercover operatives for the Ramsey County sheriff indicate that Darst attended various Welcoming Committee meetings. One report, from March 16, 2008, says he urged the committee to block four activists from attending meetings "because he knew one of them had a history of working with cops."

Darst's nickname in the Welcoming Committee was Andy Panda, or Panda. Celia Kutz, 27, a committee member said, "He seemed to be a nice guy and really sensitive."

"He was a person who tried to be involved in as many things as possible," said Andy Fahlstrom, 27, another committee member. He said Darst created "sector maps" for the Welcoming Committee. The maps broke St. Paul into sectors where various groups were to carry out disruptions and confrontations during the RNC.

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Williamson County jailers trained to draw blood in DWI cases

2009-02-27T02:05:00.000-08:00

At midnight Wednesday morning, Williamson County jailers got the power to draw blood. It's been nearly two years since the county started drawing blood in felony DWI arrests.

"We're not talking about your first offenders -- these are serious repeat offenders for DWI," said John Foster, Williamson County Sheriff’s Office.

Repeat offenders include the drunk driver who killed Justin Teague, 19, in 2003. His mother, Terri, now fights for victims' rights.

"It infuriates me that people think it's all right to get behind the wheel and drink and drive and that there's no consequences to their actions," said Terri Teague.

Teague supports any method of catching a drunk driver.

Until Wednesday morning, deputies had to wait for nurses at nearby hospitals to draw a blood sample. The policy sometimes meant a long delay and inaccurate blood alcohol readings. Some hospitals in the Austin area have recently refused to perform the blood draws.

"It's become apparent that hospitals really don't want to become involved in these types of blood draws. In respect to that, we went out and we're going to do it ourselves," said Foster.

The county sent three of its EMT jailers through at least four weeks of training to become certified phlebotomists. The jailers -- one for each shift -- will now draw blood from suspected felony drunk drivers directly from the Williamson County Jail infirmary.

Williamson County isn't the first jurisdiction to take emergency rooms out of the equation. Several states, including Arizona and Utah, already have officers drawing blood.

"There's been a gradual erosion of people's rights to privacy," said Jerry Smith, criminal defense lawyer.

Smith believes the new policy is trouble.

"The blood tests themselves are going to come under closer scrutiny in the courtroom procedures now. (The county required) minimal training though for these (jailers) and jail settings are notoriously unsanitary," said Smith.

For victims of drunk drivers like Teague, it's a risk worth taking.

"I would rather see a nurse do it, but I also know that time is of an essence and it needs to be done as soon as possible," said Teague.

The county expects to train more jailers in the future.

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Teen charged with DWI in crash seriously injuring one

2009-02-26T02:04:00.000-08:00

A 17-year-old is facing DWI charges and another teen has serious head injuries after a crash in Ontario County. Ontario County Sheriffs said 17-year-old Dylan Jobson from Honeoye was driving on County Road 36 in Canadice around 11:30 p.m. Wednesday when he lost control on the ice-covered road.

Jobson’s car went off the road and hit a tree along the passenger side. Jobson suffered cuts to his hands and was taken to F.F. Thompson Hospital in Canandaigua where he was treated and released. Jobson had two passengers and both were taken to Strong Hospital for head injuries.

Police said 17-year-old Austin White, from Hemlock, was riding in the front seat. He was not wearing his seatbelt and suffered a serious head injury. Police said he was unconscious when they arrived on scene. He is in the Intensive Care Unit at Strong.

Kelly Hoertz, 17 from Honeoye, was riding in the backseat. She had face and head injuries. Police are not sure if she was wearing her seatbelt. Hoertz was taken to F.F. Thompson and then transferred to Strong for treatment of her head injury.

Jobson was charged with driving while intoxicated, unsafe speed and driving after 9 p.m. on a DJ license.

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Man indicted on charges of menacing 3 others

2009-02-25T04:44:00.000-08:00

CANTON — A man with no known address was indicted Thursday by a St. Lawrence County grand jury on three counts of menacing.

James Austin,54, also was indicted on two counts of third-degree criminal possession of a weapon.

Mr. Austin is accused of threatening to shoot Gerald P. Senecal on Aug. 31 in the town of Edwards, grabbing Michael K. Toohey by the throat while threatening to kill him and his children, and telling Carl F. Sanders, "I am going to count to 10 and you will be dead."

The indictment also alleges Mr. Austin had two 50-round ammunition-feeding devices.

The grand jury also indicted:

Shawn G. Granger,36, of 25262 Bradley St. Road, Watertown, andTerry L. Granger Jr.,41, of 724 Gilbert St., Watertown, on charges of first-degree criminal possession of marijuana. They allegedly had 32 pounds of marijuana in their car Aug. 3 in the town of Waddington.

Shawn Granger served more than five years in state prison for two previous drug convictions, according to the state Department of Correctional Services Web site.

Jody L. Matthews,37, of 261 Talcville Road, Edwards, on charges of aggravated driving while intoxicated, DWI and first-degree aggravated unlicensed operation of a motor vehicle.

Mr. Matthews was accused of driving on Route 58 in the town of Gouverneur on Sept. 18 with a blood alcohol content of 0.18 percent. A BAC level of 0.08 percent or more is considered proof of intoxication under state law. Aggravated DWI is charged when the BAC is 0.18 percent or more.

He also was charged with DWI as a felony. Mr. Matthews has a previous DWI conviction from Edwards Town Court on May 1, when his license was revoked.

David E. McRobbie,29, Hermon, on charges of DWI as a felony.

Mr. McRobbie reportedly crashed his all-terrain vehicle Aug. 13 on Main Street in Hermon. He has a previous DWI conviction from DeKalb Town Court on June 27, 2006.

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Rehab effort curbs prison population

2009-02-25T02:01:00.000-08:00

AUSTIN — Texas' prison population has stopped growing for the time being, thanks in part to changes in corrections policy two years ago that ballooned funding for rehabilitation programs, new statistics revealed Thursday.

That means Texas will not have to consider building new prisons at a time when the economic collapse is pinching the state budget, officials said.

"We put 6,000 treatment beds on line in the past two years ... and this is the initial result: Just what we expected," said Senate Criminal Justice Committee Chairman John Whitmire, D-Houston, who co-authored legislation mandating the greatly-expanded treatment programs in 2007.

Sen. Tommy Williams, R-The Woodlands, said the statistics show "a dramatic turnaround."

Thursday's testimony by the Legislative Budget Board to the budget-writing Senate Finance Committee marked the first public report card on the new programs, which two years ago were championed by corrections advocates as a step forward and opposed by some prosecutors and police groups as too soft on crime.

"Crime is down, the programs are working," said Michelle Lyons, spokeswoman for the Texas Department of Criminal Justice that operates the 112-prison system. "It's been proven before that these types of programs have an impact on recidivism, so these new numbers are no surprise."

The East Texas Treatment Facility in Henderson has a DWI Recovery Program, a six-month initiative that teaches life skills lessons, alternatives to drinking and driving and the medical, lifestyle and stress effects of alcohol. The facility can house up to 500 inmates in its program. In September, 155 inmates graduated from the DWI Recovery Program.

According to the report, the number of convicts in Texas' state prisons is expected to remain steady this year, and then decline slightly the following year — for the first time in several years.

In 2012, however, the prison population could begin increasing again and by 2014 will grow from 155,000 people to almost 158,000, according to the Legislative Budget Board.

Billed at the time as the biggest shift for Texas corrections policy in years, the 2007 changes greatly expanded the capacity of in-prison drug and alcohol-treatment programs, opened new transition treatment centers to help convicts succeed once they got out, expanded counseling and specialized drug-treatment programs and opened new lockups designed especially for habitual drunk drivers.

Total cost was more than $227 million.

Funding is being sought this year for additional treatment beds, which could further reduce the prison population, said state Rep. Jerry Madden, co-author of the plan who at the time was chairman of the House Corrections Committee.

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Driver, 17, charged with DWI after Canadice accident

2009-02-24T02:03:00.000-08:00

Two 17-year-old passengers were hospitalized with head and facial injuries and a 17-year-old male driver was charged with driving while intoxicated after a one-vehicle crash about 11:30 Wednesday night in Canadice, Ontario County.

The Ontario County Sheriff's Office reported that a vehicle driven by Dylan M. Jobson, 17, of Honeoye, was traveling south on County Road 36 when Jobson attempted to turn left onto Sunset Drive. Jobson lost control of the vehicle on the icy road, the vehicle traveled off the south shoulder of Sunset Drive, where the passenger side of the vehicle struck a tree.

Sheriff's deputies said that Austin T. White, 17, of Hemlock, a front-seat passenger, suffered a serious head injury and was unconscious at the scene. He was taken to Strong Memorial Hospital by Honeoye-Richmond Ambulance. At 6 this morning, White, who was not wearing a seat belt, was listed in satisfactory condition at Strong.

A rear-seat passenger, Kelly M. Hoertz, 17, of Honeoye, was taken to F.F. Thompson Hospital by Honeoye-Richmond Ambulance for treatment of head and facial injuries. She was later transferred to Strong for treatment of her head injury, and as of 6, was still being treated in the hospital's emergency room. Deputies said it was not known if Hoertz was wearing a seat belt.

Deputies said that Jobson was transported by Naples Ambulance to Thompson Hospital for treatment of hand abrasions. He was treated and released.

In addition to be charged with driving while intoxicated, Jobson was ticketed for driving at an unsafe speed along with driving after 9 p.m. on a DJ license. He was wearing a seat belt, deputies said.

The Honeoye-Richmond and Bristol Fire Departments along with the Ontario and Livingston County Advanced Life Support fly cars assisted at the scene.

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TV-Radio Notebook: Extra Points given boot by KTRK

2009-02-23T01:59:00.000-08:00

Very quietly, KTRK (Channel 13) has blocked that kick.

Extra Points, the Saturday afternoon magazine/panel discussion show that debuted in September 1997 as an offshoot of a weekly chat segment moderated by Channel 13’s Tim Melton and Bob Allen, has been placed on indefinite hiatus.

Station officials decline, characteristically, to comment, but indications are that the show will not return before Texans football resumes in the late summer, if then.

Extra Points, which last appeared on Jan. 17, has been a consistent ratings performer for Channel 13 over the last decade, even though it was beaten in recent weeks by KHOU’s (Channel 11) Wheel of Fortune at 6:30 p.m. Saturdays. It has been used to best effect in the last couple of years as a means of holding audiences between ABC’s afternoon and prime-time college football games.

Some fans may miss the chat sessions during football and baseball seasons, but, with four sports radio stations in town, the rhetoric will continue unabated elsewhere. Fox Sports Houston also has expanded Houston Sports Beat to twice weekly, so perhaps it would be well-advised to add Extra Points contributors Charlie Pallilo, Ralph Cooper and Kenny Hand to its roster.

If that happens, Extra Points could be Humpty Dumpty by the time August rolls around.

Moving to the radio side, Joe Pogge’s Smokin’ Joe’s Driving Range golf show is moving to 7 a.m. Saturdays on KILT (610 AM). The show most recently appeared on KFNC (97.5 FM) and takes over a Saturday slot previous held by a Texans-related fitness show.

Pogge’s guests Saturday will be Houston Golf Association CEO Steve Timms and former Texas A&M and NFL standout Dave Elmendorf, the general manager at Quail Valley Golf Course.

Up for NBA, no-show for Daytona

Fox Sports lost 48 laps and perhaps as much as a full Nielsen ratings point to last Sunday’s rain at the Daytona 500. The race produced a 9.2 rating and a 19 share, down from 10.2/20 for the full race last year, with an average audience of 16 million viewers.

As usual, Houston lived down to its reputation as one of the nation’s weakest NASCAR markets. Coverage on KRIV (Channel 26) averaged a 4.0 rating and 9 share, which tied for 54th among the 56 major markets. Only New York at 3.3 and San Francisco-Oakland-San Jose at 3.1 ranked lower.

Houston exceeded the national average, however, for the NBA All-Star Game, with a 5.4 Nielsen average to rank 16th among the 56 major markets. TNT’s national average was a 4.1 rating, up 6 percent from last year, and 6.8 million total viewers.

Chuckster’s return

Charles Barkley returned to the air Thursday night with an eight-minute apology for his DUI arrest and a promise that he will never again drink and drive.

"Clearly, everybody knows that I got a DUI. That’s unacceptable," Barkley said prior to TNT’s broadcast of the Spurs-Pistons game. "But it’s 100 percent my fault. I let my family down, clearly. I left TNT down, clearly. I let T-Mobile down, clearly. Also, I let the NBA family down. … All I can say is that will never happen again, and I’m sorry."

Barkley cited several people who called with messages of support, including NBC Sports chairman Dick Ebersol, Turner Sports executive Jeff Behnke, TNT colleagues Doug Collins and Reggie Miller, Tony Kornheiser and Larry Bird, in addition to strangers who also offered best wishes.

Barkley had to sit out TNT’s All-Star Game coverage Sunday, but his unofficial rehabilitation began as T-Mobile once again began airing commercials featuring Barkley along with Yao Ming, Dwyane Wade and other NBA players.

Meanwhile, Barkley also will be the subject of the Golf Channel’s The Haney Project, hosted by instructor Hank Haney, beginning March 2, The show depicts Haney’s efforts to rehabilitate Barkley’s golf game.

Staying awake at the combine

Drama at the NFL Combine is a relative thing. For example, who can forget the gripping moment a couple of years ago when Calvin Johnson decided on the spur of the moment to run the 40-yard dash and ran 4.35 wearing borrowed shoes?

OK, I don’t remember it, either. Never mind.

At any rate, producer Mark Loomis and his NFL Network colleagues aim to do their best to find gripping, breathtaking footage during 25 hours of combine coverage through next Wednesday. It’s not as challenging as shooting golf, which Loomis did for many years at ABC and ESPN, but the spread-out nature of the workout stations probably makes it more akin to golf than to football.

"It is not an easy event to keep track of," he said. "We’ll have a lot of spotters on the field to help us. There are a lot of moving parts."

NFL Network will employ 13 cameras and 16 analysts, including Jon Gruden, Brian Billick, Steve Mariucci and Charley Casserly, and will use some new speed-based technology from SportVision in an effort to help viewers keep up with things at the 40-yard dash, which passes for the combine’s glamour event.

NFL Network also will stream unofficial workouts across the top of the screen and team needs and biographical information across the bottom.

Loomis and company are enthusiastic about the combine, but they’re realistic, too. They know you’re not likely to watch an entire afternoon of programming, so they’ll try to provide updates each half-hour of the more compelling stories of the day.

If you’re counting, by the way, the list of 320-plus players invited to the combine includes two players from Baylor, nine from LSU, eight from Oklahoma, two from Rice, one from Sam Houston State, one from SMU, one from Stephen F. Austin, four from Texas A&M, two from TCU, five from Texas Tech, five from Texas and two from UTEP.

Four DVRs, no waiting

ESPN’s basketball College GameDay originates from the Erwin Center at the University of Texas at 10 a.m. Saturday. Fans will be admitted beginning at 8 a.m. Dan Schulman and Dick Vitale with Erin Andrews will call the Longhorns-Oklahoma game at 8 p.m. on ESPN. …

Uneven Fairways, the Golf Channel’s measured, informative, just-the-facts documentary on golf’s equivalent of the Negro Leagues before the PGA was integrated, has a few more airings this month at 3 p.m. Saturday, 1 p.m. Monday and 7:30 and 9 p.m. Feb. 28.

You’re as likely to remember the show for its description of players who never made it on the PGA Tour because of segregation, including Teddy Rhodes and Bill Spiller, a graduate of Wiley College in Marshall, as those who did, including Lee Elder, Jim Thorpe and Charlie Sifford. It’s a worthwhile view. …

HBO takes an uncharacteristic trip outside its Northeast comfort zone with Battle for Tobacco Road: Duke vs. Carolina, its latest Sports of the 20th Century documentary, at 8 p.m. Monday. It’s one of HBO’s better efforts of the last three, with some of the whimsy and humor that characterizes the network’s most successful efforts like the original Curse of the Bambino. …

NBC’s Universal Sports says it will expand into Houston during the first quarter but can’t or won’t say where the channel will appear. It’s not going to be as one of KPRC’s (Channel 2) digital channels, since both are occupied. We’ll have updates as they become available.

Meanwhile, Universal Sports has coverage this weekend of the Tyson American Cup gymnastics meet from suburban Chicago, featuring 2008 junior all-around champ Jordyn Wieber of DeWitt, Mich. …

MLB Network starts its first major news initiative today with its 30 Clubs in 30 Days series, opening with the Red Sox at 7 p.m. today. The Astros segment airs at 7 p.m. Sunday, March 1. …

ESPN says viewership is up more than 20 percent in the early afternoon and 10 percent at midmorning from a year ago for the six months it has offered live SportsCenter programs in those time slots. …

Remember the references to the West Coast Update segments on the late, lamented Sports Night sitcom? ESPN cops the idea by stationing Neil Everett and Stan Verrett at its new Left Cost production studio in Los Angeles to host the midnight CST edition of SportsCenter beginning in April. Stuart Scott also will host some SportsCenters from LA. …

KHOU (Channel 11) and the Dynamo kick off their partnership on Channel 11.2 (channel 310 on Comcast) at 6 p.m. today with highlight shows from the 2006 and 2007 MLS Cup finals, tryouts for the team’s dance squads and the Dynamo Insider and Dynamo All-Access shows. The six-hour block also will air at 6 p.m. Saturday and noon Sunday. …

Fox Soccer Channel has exclusive English-language coverage of the CONCACAF Champions League quarterfinals, including the Dynamo against the Mexican side Atlante at 9 p.m. Tuesday, March 3. …

CBSSports.com has added Microsoft’s Silverlight video player for its March Madness on Demand video streams during the NCAA Tournament. … Jim Nantz was named for the fourth time Thursday as winner of the national sportscaster of the year award from the National Sportscasters and Sportswriters Association.

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Parents of teen killed by suspected drunk driver push for stronger legislation

2009-02-22T04:42:00.000-08:00

HOUSTON -- The parents of a northwest Houston teenager, who was killed by a suspected drunk driver, say they are on a mission to keep other families from knowing their pain.

11 News

Nicole Lalime

On Tuesday, they traveled to Austin to push for stronger DWI legislation. They met with state lawmakers.

"We can't bring our daughter back, but to sit back and cry about it isn't going to help anything. We decided what is going to help is to speak up for her and all the other people that are being killed by drunk drivers," said Valoree Lalime, DWI victim’s mother.

Valoree and William Lalime’s daughter Nicole would have turned 14 on Monday.

A driver plowed into the teen as she stepped off her school bus in December.

Police say that the driver, John Winne, was drunk.

He's still in jail on a $1 million bond.

Nicole's parents say they support legislation on sobriety check points and other measures to keep the public safe.

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Chesterfield

2009-02-22T01:56:00.000-08:00

The following information was provided to The Progress-Index by the Chesterfield County Police Department.

• Steven R. Porter, 22, of the 1300 block of Turnmill Drive, was charged with driving under the influence of alcohol on Feb. 8.

• Jose R. Ruiz-Gomez, 33, of the 6000 block of Pawcreek Road, was charged with manuf, sale, possession controlled substance, possess firearm while in possession of drugs and transporting controlled substances into Virginia on Feb. 8.

• Sharmaine Simmons-Wiltshire, 27, of the 3600 block of King George Court, was charged with driving under the influence of alcohol on Feb. 8.

• Dontay R. Tinsley, 18, of the 55000 block of Fairpines Court, was charged with petit larceny on Feb. 8.

• Catherine A. Tomlin, 27, of the 2800 block of E. Brigstrock Road, was charged with driving under the influence of alcohol on Feb. 8.

• Enrique M. Vargas, 45, of the 400 block of Adamson St., was charged with robbery on Feb. 8.

• Brandon J. Warthen, 24, of the 7500 block of Marbrett Drive, was charged with petit larceny on Feb. 8.

• Parrish D. Wilson, 39, of the 7100 block of Windy Creek Circle, was charged with assault & battery - m and unlawful use or injury to telephone lines on Feb. 8.

• Zachary K. Wingold, 21, of the 6500 block of Woodlake Village Court, was charged with trespassing on Feb. 8.

• Jamal M. Alford, 28, of the 15800 block of Tinsberry Place, was charged with assault & battery - family member on Feb. 9.

• Tiwang B. Ballantine, 23, of the 20800 block of Riverterrace Road, was charged with fail to appear on misdemeanor charge on Feb. 9.

• Michael A. Brown Jr., 18, of the 4700 block of Steven Hill Drive, was charged with assault & battery - m and trespassing on Feb. 9.

• David C. Caras, 18, of the 12100 block of Mountain Laurel Drive, was charged with petit larceny on Feb. 9.

• Marvin D. Carter, 39, of the 1000 block of Aubchon Drive, was charged with grand larceny on Feb. 9.

• Janice E. Coleman, 53, of the 1000 block of Fourqurean Lane, was charged with stalking and trespassing on Feb. 9.

• James H. Cooper, 74, was charged with expired medical card on Feb. 9.

• Debra F. Graham, 45, of the 5600 block of Woods Walk Road, was charged with driving under the influence of alcohol and possession of marijuana on Feb. 9.

• Brian J. Hafemeister, 33, of the 7000 block of Charles City Road, was charged with driving under the influence of alcohol on Feb. 9.

• Steven F. Hanley, 25, of the 12700 block of Hogans Alley, was charged with possession of controlled substances and possession of marijuana on Feb. 9.

• Candace L. Henderson, 31, of the 15800 block of Tinsberry Place, was charged with assault & battery - family member on Feb. 9.

• Devin M. Hornes, 18, of the 200 block of Winber Drive, was charged with possession of marijuana on Feb. 9.

• Marlow L. Jiggetts, 29, of the 11000 block of Reedy Branch Road, was charged with fail to appear on misdemeanor charge on Feb. 9.

• Kevin E. Knapp, 46, of the 700 block of Dinwiddie Ave., was charged with petit larceny on Feb. 9.

• Clarence J. Lacks, 64, of the 8000 block of Belmont Road, was charged with disorderly conduct on Feb. 9.

• Shawn C. McCants, 25, of the 6000 block of Hudswell Lane, was charged with profane swearing and intoxication on Feb. 9.

• Percy W. Mealy Jr., 35, of the 4000 block of Trice Lane, was charged with revocation of suspended sentence and probation on Feb. 9.

• Walter G. Melendez, 29, of the 3400 block of Ritter St., was charged with carrying concealed weapon - 1st offense, grand larceny and sale, distribute marijuana on Feb. 9.

• Michael A. Mitchell, 42, of the 1200 block of Greenville Ave., was charged with fugitive from justice on Feb. 9.

• Gloria Reese, 54, of the 1800 block of Southlawn Ave., was charged with revocation of suspended sentence and probation on Feb. 9.

• Rodney J. Russell Jr., 19, of the 200 block of Lakeview Park Road, was charged with possession of marijuana on Feb. 9.

• Jeffrey C. Stephens, 26, of the 2000 block of Apple Orchard Court, was charged with grand larceny on Feb. 9.

• Richard A. Vanoyan, 45, of the 4200 block of Holly Hill Road, was charged with possession of marijuana on Feb. 9.

• Jose H. Velazquez, 41, address unknown, was charged with DUI - third or subsequent offense and false identify self to law enforcement on Feb. 9.

• Eric Villanueva, 29, of Tilson Road, was charged with carrying concealed weapon - 1st offense, false identify self to law enforcement, grand larceny and sale, distribute marijuana on Feb. 9.

• Nemo C. Adkins Jr., 50, of the 14400 block of Gala Court, was charged with possession of controlled substances on Feb. 10.

• Kacie K. Anderson, 22, of the 12800 block of Ben Fry Drive, was charged with obtaining drugs by fraud on Feb. 10.

• William C. Bennett, 23, of the 2600 block of Drewrys Bluff Road, was charged with grand larceny on Feb. 10.

• Denita A. Brooks, 40, of the 1300 block of N 23th St., was charged with revocation of suspended sentence and probation on Feb. 10.

• Melissa A. Cole, 41, of the 14400 block of Maria Drive, was charged with fail to appear on misdemeanor charge on Feb. 10.

• Janie C. Collins, 38, of the 3100 block of Fox Chase Drive, was charged with embezzlement <$200> on Feb. 10.

• Charles A. Duffield, 54, of the 2800 block of Judes Ferry Road, was charged with petit larceny on Feb. 10.

• Vanterry M. Fields, 40, of the 800 block of Akron St., was charged with violate protective orders on Feb. 10.

• Kristen E. Gainey, 18, of the 11300 block of Briarmont Road, was charged with possession of marijuana on Feb. 10.

• Michael W. Hiltner, 38, of the 13800 block of Perkinson Drive, was charged with two counts of driving under the influence of alcohol and two counts of possession of controlled substances on Feb. 10.

• Brandon E. Holt, 18, of the 2400 block of Cedar Crest Road, was charged with assault & battery - m on Feb. 10.

• Grace A. Labrake, 47, of the 10600 block of Trents Bridge Road, was charged with possession of marijuana on Feb. 10.

• Adam J. Marine, 18, of the 3300 block of Virginia St., was charged with revocation of suspended sentence and probation on Feb. 10.

• Timothy W. Ochoa-Samuel, 20, of the 6300 block of Jefferson Davis Hwy., was charged with assault & battery - family member and fail to appear on misdemeanor charge on Feb. 10.

• Domino C. Ramirez, 21, of the 2200 block of Westwood Road, was charged with bail/peace release on Feb. 10.

• Darren D. Spencer Jr., 18, of the 6700 block of Arbor Lake Drive, was charged with breaking & enter w/int to commit felony and grand larceny on Feb. 10.

• Shanicka B. Taylor, 30, of the 600 block of N. Laburnum Ave., was charged with embezzlement <$200> and forging, uttering on Feb. 10.

• Clarence C. Tolbert, 55, of the 100 block of Morgan Drive, was charged with no name and address displayed on vehicle on Feb. 10.

• Robert C. Walsh, 19, of the 2000 block of Upperbury Court, was charged with contempt of court on Feb. 10.

• Kyle T. Whitaker, 19, of the 600 block of Westover Hills Blvd., was charged with fail to appear on misdemeanor charge on Feb. 10.

• Stephan B. Williams, 26, of the 1500 block of Winbury Drive, was charged with forging, uttering on Feb. 10.

• Brian S. Williamson, 314, of the 11500 block of Brandenburg Drive, was charged with driving under the influence of alcohol on Feb. 10.

• Matthew D. Ala, 32, of the 14000 block of Copper Hill Road, was charged with revocation of suspended sentence and probation on Feb. 11.

• Mathew W. Allanson, 20, of the 5900 block of Essling Road, was charged with unlawful purchase or possess alcoholic beverage on Feb. 13.

• Jason O. Alleyne, 26, of the 400 block of Webster St., was charged with fail to appear on misdemeanor charge on Feb. 12.

• John E. Arsenault III, 19, of the 6100 block of Thierry St., was charged with destruction of property, monument nand grand larceny on Feb. 11.

• Indiah A. Attar, 24, of the 1100 block of St. Johns, was charged with defrauding hotels, motels <$200> on Feb. 11.

• Jeffrey D. Austin, 23, of the 15600 block of Moss light Place, was charged with fail to appear on misdemeanor charge on Feb. 12.

• James A. Baylor, 43, of the 4900 block of Parrish Branch Road, was charged with possession of controlled substances and possession of marijuana on Feb. 12.

• Daniel L. Braswell, 24, was charged with profane swearing and intoxication and possession of controlled substances on Feb. 13.

• Joshua L. Brown, 22, of the 6100 block of Cricklewood Drive, was charged with destruction of property, monument on Feb. 11.

• Mary C. Brownson, 52, of the 1600 block of St. Thomas Road, was charged with possession of controlled substances on Feb. 11.

• Jason E. Bryant, 26, of the 3000 block of Waddington Drive, was charged with petit larceny on Feb. 11.

• Karen S. Burkholder, 45, of the 2300 block of Shadow Ridge Place, was charged with assault & battery - family member on Feb. 11.

• Terry R. Castelow, 47, of the 11300 block of Jefferson Davis Hwy., was charged with assault & battery - family member on Feb. 13.

• Brian M. Clark, 25, of the 200 block of Brandon Road, was charged with credit card theft, petit larceny and unauthorized use of vehicle on Feb. 12.

• Candice S. Collins, 20, of the 8600 block of Jefferson Davis Hwy., was charged with abduction & kidnapping, carjacking and robbery on Feb. 11.

• Ruth H. Cox, 44, of the 6800 block of Sika Lane, was charged with embezzlement <$200> on Feb. 12.

• Janet M. Crabtree, 31, of the 2900 block of Monte Crest Ave., was charged with driving under the influence of alcohol on Feb. 11.

• Teresa Cruz, 18, of the 2800 block of Broad Rock Blvd., was charged with petit larceny on Feb. 12.

• Markus K. Cunningham, 42, of the 2900 block of Tinsberry Drive, was charged with assault & battery - family member on Feb. 11.

• Daniel L. Deangelis III, 55, of the 700 block of Lakeview Ave., was charged with contempt of court on Feb. 11.

• Ardertcia D. Delbridge, 22, of the 3900 block of West Tr., was charged with breaking & enter w/int to commit felony and grand larceny on Feb. 12.

• Hector L. Diez Jr., 19, of the 200 block of Philray Road, was charged with possession of marijuana on Feb. 11.

• Joshua L. Fisher, 23, of the 5000 block of Midlothian Tnpk., was charged with profane swearing and intoxication on Feb. 13.

• Anthony Frank, 19, of the 2700 block of Teaberry Drive, was charged with petit larceny on Feb. 12.

• Lawrence C. Fraser, 20, of the 1100 block of Commerce St., was charged with abuse and neglect of children on Feb. 12.

• Nilda C. Garcia, 19, of the 2800 block of Broad Rock Blvd., was charged with petit larceny on Feb. 12.

• Ericka D. Garland, 20, of the 3400 block of Granby St., was charged with issuing bad checks <$200> on Feb. 12.

Acevedo backs bill to expand taking of DNA

2009-02-18T04:41:00.000-08:00

A controversial bill backed by the top six big city police chiefs in the state and the Texas Police Chief’s Association --which represents all other state police departments -- calls for more DNA testing of criminal suspects. The samples won't come from convicted felons, but instead from people who are arrested.

There's not much the Austin Forensics Lab can compare its DNA evidence against. The state only collects DNA samples from convicted felons or people arrested for violent crimes after their conviction.

"My job is to advocate what I think would be best to keep people safe," said Chief Art Acevedo, Austin Police Department.

Chief Acevedo stresses it’s not enough.

"The more we have in the system, the more folks can be eliminated as suspects and the more folks can be identified as the right suspects," said Chief Acevedo.

He's backing a bill which would allow the state to get DNA samples from anyone arrested and sent to jail on suspicion of a felony down to Class B misdemeanors. Class B misdemeanors include trespassing and DWIs.

"This is absurd you know? They should spend more time solving crime than trying to find more ways to bridge our rights," said Jim Harrington, Texas Civil Rights Project.

Harrington worries the program would turn the justice system upside down and could put an individual’s privacy at risk for exposure.

"Simply by saying it may help us perhaps in some infinitesimal way to solve some crime somewhere in the country is not part of our Constitutional liberty," said Harrington.

Yet solving crimes is exactly why police and law enforcement in general support the program.

"I think it would make a significant impact on being able to solve some crimes," said Cassie Carradine, DNA supervisor at the APD Forensic Lab.

The Austin lab recently matched DNA collected from a local property crime to a man convicted of DWI crime in another state. Now Austin police know who they're looking for.

If the program going before the Legislature this session is approved, all DNA samples collected and analyzed in Austin and across the state will be shared nationally. It’s part of a system referred to as CODIS, the Combined DNA Index System, which was initiated by the FBI in 1990. CODIS is intended to link suspects to cases and cases to cases.

However, the system as a whole is one that sparks a strong divide within the city.

City Councilmember Mike Martinez says the program pushes legal boundaries by taking DNA samples from suspects instead of convicted criminals. He’s upset because he says Chief Acevedo didn't talk to the city before putting his support behind the program.

There’s also division in the community.

"I think the government needs to stay out of a whole lot of stuff," said one concerned woman.

"I wouldn't mind as long as I'm not being framed. It'd be a way of stopping (my conviction), right?" said Andy Sharp, who supports the program.

"I would feel a little resentful toward the government. I feel it's a little intrusive," said Lee Gresham, who opposes the program.

According to the bill, if charges are dropped against an individual, their DNA information is supposed to be deleted from the system database. Chief Acevedo says the database could be audited to ensure its integrity.

If the bill is approved, Texas could start taking DNA samples from people arrested on suspicion of felonies as soon as 2010 and as soon as 2012 for those arrested for Class B misdemeanors.

Last year, about 870,000 people were arrested statewide on those types of offenses.

The program is expected to cost about $32 million to begin. However, with the economic stresses, some say it’s unlikely to pass with a price tag that high.

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Chesterfield

2009-02-15T04:40:00.000-08:00

The following information was provided to The Progress-Index by the Chesterfield County Police Department.

• Alex K. McCrary, 19, of the 10200 block of Oakdell Drive, was charged with carrying concealed weapon - 1st offense, enumeration - loud and disturbing noises and possession of marijuana on Feb. 1.

• Walter G. Melendez, 29, of the 3400 block of Ritter St., was charged with carrying concealed weapon - 1st offense and petit larceny on Feb. 1.

• Marcus A. Padua, 39, of the 13900 block of Deer Thicket Lane, was charged with felonious assault on Feb. 1.

• Christopher M. Richardson, 21, of the 1700 block of Sandlewood Court, was charged with burglary, conspiracy to commit felony and contributing to the delinquency of a minor on Feb. 1.

• Tameka M. Ross, 19, of the 100 block of Redmead Lane, was charged with possession of marijuana and premises deemed nuisance - 1st offense on Feb. 1.

• Anthony R. Smith, 39, of the 12000 block of Ridgegreen Drive, was charged with two counts of revocation of suspended sentence and probation on Feb. 1.

• Dayle Z. Williams, 49, of the 2400 block of Brady St., was charged with petit larceny on Feb. 1.

• Sean P. Wilson, 19, of the 10400 block of Antwerp Road, was charged with possession of marijuana on Feb. 1.

• John W. Anderson, 22, of the 1100 block of Suburban Village Loop, was charged with grand larceny on Feb. 2.

• Sarah Broughman, 19, of the 1600 block of Dorset Meadows Court, was charged with possession of marijuana on Feb. 2.

• Juan Carillo, 41, of the 2300 block of Schenley Drive, was charged with principal-2nd degree, accessory before the fact and produce, distribute, finance - child pornography on Feb. 2.

• Nicholas O. Cartledge, 23, of the 5200 block of Delta Place, was charged with petit larceny on Feb. 2.

• Carlos H. Dasiva, 19, was charged with contributing to the delinquency of a minor and driving under the influence of alcohol on Feb. 2.

• Chad A. Depriest, 19, of the 2900 block of W. Strathmore Road, was charged with credit card theft, grand larceny, petit larceny and possession of marijuana on Feb. 2.

• Santos V. Galeas, 29, of the 8200 block of Den Bark Drive, was charged with DUI - third or subsequent offense and false identify self to law enforcement on Feb. 2.

• Dennis V. Hardaway Jr., 31, of the 800 block of W. Harbour Drive, was charged with revocation of suspended sentence and probation on Feb. 2.

• Deandre O. Johnson, 18, of the 100 block of S. Plains Drive, was charged with manuf, sale, possession controlled substance and possession of marijuana on Feb. 2.

• Darryl C. Jones, 24, of the 7500 block of Drexelbrook Road, was charged with concealment, price alter merchandise <$200> on Feb. 2.

• Mescha J. Long, 28, of the 3200 block of Midlothian Tnpk., was charged with revocation of suspended sentence and probation on Feb. 2.

• Travis C. Mitchell, of the 16100 block of Hampton Summit Drive, was charged with conspiracy to Violate Drug Control Act - felony, two counts of distribution of drugs to minor and two counts of sale, distribute marijuana on Feb. 2.

• Deshaun Morris, 27, of the 4700 block of Fox Rest Drive, was charged with possession of marijuana on Feb. 2.

• Eulalio Salazar Jolon, 41, of the 2400 block of Marina Drive, was charged with hit and run - personal injury, attended property on Feb. 2.

• Travanti C. Smith, 20, of the 19800 block of Thelma Ave., was charged with possession of marijuana on Feb. 2.

• Josafat M. Solorio, 22, of the 2100 block of Willoughby Court, was charged with fail to appear on misdemeanor charge on Feb. 2.

• Fredy A. Tomasino-Figueroa, 25, of the 5100 block of Timbercreek Drive, was charged with driving under the influence of alcohol on Feb. 2.

• Jessica D. Videtto, 22, of the 900 block of W. Poythress St.,, was charged with fail to appear on misdemeanor charge on Feb. 2.

• Michael M. Welton Jr., 32, of the 700 block of Ccc Road, was charged with contributing to the delinquency of a minor, crimes against nature and grand larceny on Feb. 2.

• Andrew M. West, 31, of the 100 block of Findley Square, was charged with petit larceny on Feb. 2.

• Alex C. Altizer, 35, of the 11800 block of Bollingbrook Drive, was charged with assault & battery - family member on Feb. 3.

• Chris W. Ballard, 46, of the 3200 block of 3228 Garrett St., was charged with revocation of suspended sentence and probation on Feb. 3.

• Shelby L. Belcher, 50, of the 6600 block of Pocahontas Tl., was charged with issuing bad checks <$200> on Feb. 3.

• Victoria S. Brown, 19, of the 2200 block of Walcott Place, was charged with contempt of court on Feb. 3.

• Andrew H. Edwards, 22, of the 4400 block of Greenbriar Drive, was charged with driving under the influence of alcohol on Feb. 3.

• Scott N. Edwards, 28, of the 4400 block of Greenbriar Drive, was charged with obstructing justice on Feb. 3.

• Morice L. Fulton, 26, of the 14900 block of Creekpointe Circle, was charged with assault & battery - family member, discharge of firearm in or around school and reckless handling of firearm chesterfield 02/03/2009 02/03/2009 23:00 patrol officer 353

• Ronald A. Horton Jr., 27, of the 700 block of Cliffside Drive, was charged with petit larceny, revocation of suspended sentence and probation and fail to appear on misdemeanor charge on Feb. 3.

• Mark G. Hugenberg, 43, of the 9500 block of Kendrick Road, was charged with contempt of court on Feb. 3.

• Dean A. Jones, 41, of the 7500 block of Autumnleaf Court, was charged with possession of marijuana on Feb. 3.

• Jenee R. Langston, 21, of the 1600 block of Selma Place, was charged with felonious assault, robbery and use or display firearm in commission of felony on Feb. 3.

• Orlando F. McCain, 37, of the 12000 block of Corianna Lane, was charged with concealment, price alter merchandise <$200> on Feb. 3.

• John P. McIntyre, 46, of the 2900 block of Speeks Drive, was charged with enumeration - loud and disturbing noises on Feb. 3.

• Raymond A. Messier IV, 25, of the 12300 block of Jefferson Davis Hwy., was charged with assault & battery - family member, destruction of property, monument - value <$1,000> and escape without force by misdemeanant on Feb. 3.

• Russell E. Newton, 46, of the 5000 block of Woodpecker Road, was charged with assault & battery - m on Feb. 3.

• Joshua L. Payne, 22, of the 8800 block of Piels Road, was charged with assault & battery - family member on Feb. 3.

• Bonnie C. Pinette, 48, of the 1700 block of Linda carol Drive, was charged with destruction of property, monument on Feb. 3.

• Chimere R. Price, 29, of the 2600 block of Mangowood Drive, was charged with assault & battery - m on Feb. 3.

• Elfido E. Ramirez-Gramajo, 24, of the 3100 block of Parkdale Road, was charged with fail to appear on misdemeanor charge on Feb. 3.

• Jason E. Roberts, 29, of the 4600 block of Valley Crest Drive, was charged with possession of marijuana on Feb. 3.

• Shanice Shepperson, 21, of the 5800 block of Orcutt Lane, was charged with revocation of suspended sentence and probation on Feb. 3.

• Patrick H. Simmons, 29, of the 3900 block of Resting Place, was charged with assault & battery - m and felonious assault on Feb. 3.

• Richard J. Smith, 32, of the 4100 block of Mallard Landing Circle, was charged with operate motor vehicle - habitual offender no endangerment on Feb. 3.

• Jerry R. Valentine, 24, of the 5200 block of Castlewood Road, was charged with possession of marijuana on Feb. 3.

• Jamie L. Wilkins, 29, of the 13100 block of Grub Hill Church Road, was charged with violate protective orders on Feb. 3.

• Molly R. Zimmerman, 18, of the 1900 block of Esquire Road, was charged with petit larceny and unlawful purchase or possess alcoholic beverage on Feb. 3.

• Larkie D. Barker II, 27, of the 10500 block of Beaver Bridge Road, was charged with contempt of court on Feb. 4.

• John J. Coughlin III, 46, of the 1600 block of Kingsland Road, was charged with violate condition of release on Feb. 4.

• Alonza A. Ellis Jr., 27, of the 7000 block of Windy Creek Circle, was charged with assault & battery-police officer/firefighter on Feb. 4.

• Deshanna Ford, 27, of the 1600 block of Rosecrest Ave., was charged with concealment, price alter merchandise <$200> on Feb. 4.

• Steven M. Friel, 40, of the 13900 block of Cox Road, was charged with concealment, price alter merchandise <$200> and petit larceny - 3rd offense on Feb. 4.

• Braulio R. Garcia-Fuentes, 21, of the 10900 block of Midlothian Tnpk., was charged with grand larceny and possession of burglary tools on Feb. 4.

• Nathaniel A. Haynes, 21, of the 5100 block of Timbercreek Drive, was charged with revocation of suspended sentence and probation on Feb. 4.

• Stephen L. Holloway, 28, of the 3800 block of Old Buckingham Road, was charged with fail to appear on misdemeanor charge on Feb. 4.

• Quinton R. Hunt, 26, of the 800 block of Overbrook Road, was charged with embezzlement <$200> on Feb. 4.

• Elizabeth A. Jones, 31, of the 4600 block of Glen Tara Drive, was charged with obtaining drugs by fraud on Feb. 4.

• Tonika K. Lee, 30, of the 6700 block of Darlington Heights Road, was charged with revocation of suspended sentence and probation chesterfield 08/25/2008 02/04/2009 16:22 other 000

• Jose Martinez, 20, of the 10900 block of Midlothian Tnpk., was charged with conspire to commit larceny <$200> and grand larceny on Feb. 4.

• Tarecka L. McLean, 31, of the 9500 block of 21st Bay St., was charged with possession of marijuana, conspire to commit larceny <$200> and grand larceny on Feb. 4.

• Gene E. Moreley, 38, of the 800 block of W. 41st St., was charged with possession of marijuana, conspire to commit larceny <$200> and grand larceny on Feb. 4.

• Justin B. Noble, 31, of the 2300 block of Krossridge Court, was charged with revocation of suspended sentence and probation on Feb. 4.

• Samuel D. Notario, 25, of the 2600 block of Drewrys Bluff Road, was charged with fail to appear on misdemeanor charge on Feb. 4.

• Keith H. Pettiford, 19, of the 7400 block of Kentucky Derby Drive, was charged with contributing to the delinquency of a minor on Feb. 4.

• Elijiwan D. Rose, 18, of the 8500 block of Hann Road, was charged with contempt of court on Feb. 4.

• Myoshi V. Scott, 29, of the 4100 block of Laurel Oak Road, was charged with assault & battery - family member on Feb. 4.

• Amber L. Spragan, 23, of the 600 block of Collingwood Place, was charged with possession of marijuana, conspire to commit larceny <$200> and grand larceny on Feb. 4.

• Rosemary J. Vanauken, 53, of the 5600 block of Eagle Lake Drive, was charged with trespassing on Feb. 4.

• Wanda G. Wetzel, 26, of the 6300 block of Barrister Road, was charged with revocation of suspended sentence and probation on Feb. 4.

• Stephan B. Williams, 26, of the 1500 block of Winbury Drive, was charged with credit card forgery, credit card fraud, credit card theft and grand larceny on Feb. 4.

• Audrey P. Allen, 26, of the 2000 block of Riverside Drive, was charged with possession of marijuana on Feb. 6.

• Jacob J. Alt, 26, of the 5600 block of Winterleaf Drive, was charged with sale, distribute marijuana on Feb. 6.

• Michael T. Andrews, 19, of the 15200 block of Lebanon Road, was charged with destruction of property, monument on Feb. 5.

• Jonathan M. Austin, 23, of the 12600 block of Queensgate Road, was charged with possession of marijuana on Feb. 5.

• Jennifer M. Baldwin, 20, of the 6800 block of Jefferson Davis Hwy., was charged with fail to appear on misdemeanor charge on Feb. 5.

• Alan Brasili, 51, of the 4300 block of Stebbins St., was charged with petit larceny on Feb. 5.

• Tanya L. Brown, 32, of the 3900 block of Lamplighter Drive, was charged with credit card fraud <$200> on Feb. 6.

• Tina M. Brown, 41, of the 2500 block of South Ridge Drive, was charged with revocation of suspended sentence and probation on Feb. 5.

• Tara E. Bryan, 34, of the 6300 block of Old Buckingham Road, was charged with forging, uttering and grand larceny on Feb. 6.

• Jose M. Camacho Gomez, 40, of the 2100 block of Johnson St., was charged with prostitution or solicitation of prostitute on Feb. 5.

• Stephen E. Cardwell, 39, of the 10300 block of W. Alberta St., was charged with stalking on Feb. 5.

• Thomas H. Cary II, 45, of the 7600 block of Sprenkle Court, was charged with issuance of 2 or more bad checks in ninety days on Feb. 5.

• Jimmy L. Coe, 23, of the 2800 block of Parkdale Road, was charged with profane swearing and intoxication on Feb. 5.

• Jennifer L. Crewe, 39, of the 26 block of Courthouse Road, was charged with driving under the influence of alcohol on Feb. 6.

• Angelica Cuevas-Mendez, 32, of the 2800 block of Camberwell Road, was charged with keeping or frequenting a bawdy house, money laundering and receiving money from earnings of prostitute on Feb. 5.

• David A. Duncan Jr., 23, of the 12000 block of Hull Street Road, was charged with possession of marijuana on Feb. 6.

• Walter S. Easter, 26, of the 200 block of E. 36th St., was charged with revocation of suspended sentence and probation on Feb. 6.

• Tara D. Frazier, 34, of the 900 block of Saw Drive, was charged with two counts of issuing bad checks <$200> on Feb. 5.

• Emiliano Garcia-Sis, 50, of the 6100 block of Strathmore Road, was charged with keeping or frequenting a bawdy house and receiving money from earnings of prostitute on Feb. 5.

• Brian V. Gibbs-Wilson Jr., 21, of the 4900 block of Lippingham Drive, was charged with giving false report to police officer on Feb. 5.

• Yanira Guerrero-Andrade, 25, of the 8300 block of Sunset Drive, was charged with prostitution or solicitation of on Feb. 5.

• Samantha R. Harrison, 23, of the 3200 block of Broad Rock Blvd., was charged with embezzlement <$200> on Feb. 6.

• Robert P. Hartsfield, 42, of the 11200 block of Arbor Creek Drive, was charged with profane, threatening language over public airway on Feb. 6.

• Cathleen V. Hill, 41, of the 7700 block of Belmont Stakes Drive, was charged with trespassing on Feb. 5.

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Beaumont inmate will serve one year in prison for assault

2009-02-15T04:39:00.000-08:00

An 18 year old inmate of Beaumont Juvenile Correction Center was in court Monday for sentencing.

Michael Dennis Austin pleaded guilty to assault on a staff member, an incident the Commonwealth described as “an unprovoked attack.”

Commonwealth’s Attorney Bob Beasley asked the court to sentence Austin within sentencing guidelines, while defense attorney William Blandford asked that Austin be returned to the juvenile facility, saying “the totality of his life is not pristine, but it’s not the worst.”

Judge Thomas V. Warren sentenced Austin to five years in prison with four suspended for a period of 10 years.

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Sobriety Checkpoints Could Be In Store For Texas

2009-02-15T04:38:00.000-08:00

Representatives of Mothers Against Drunk Driving are in Austin asking for lawmakers to crack down on drunk driving. They are asking for strict rules that would require ignition locks for anyone already convicted of drunk driving.
But it’s another possibility that's making some angry. What is making human rights activists upset is the idea of sobriety checkpoints used to catch drunk drivers and according to some, invade the privacy of thousands.
“We don’t want another family to go through what we have gone through.”
It’s been 2 years since Rosie and Americo Moncada lost their son David in a car accident. The father of two was hit and killed by a drunk driver at only 32 years of age.
“Not until it hit home are you aware of the magnitude our lives are forever altered its not the same.”
His parents are now pleading with lawmakers to create stricter laws to help catch drunk drivers before they can take the lives of others. People like the Moncada family says every single effort to take drunk drivers off the street should be made but not everyone seems to agree.
“Once you try to make these things legal and say this is the exception to the constitution there should be no exceptions to the constitution,” says A.C.L.U. representative David Almaraz.
Bills being presented to legislatures include setting up sobriety checkpoints throughout the state. David Almaraz of the American Civil Liberties Union says the efforts have gone too far and could now even be an invasion of privacy.
“Once you make exception where do you go from there. From there you have exceptions for drug type checkpoints.”
Members of Mothers Against Drunk Driving claim repeat D.W.I. offenses would be reduced by 64% and could prevent up to 200 deaths per year and say they will keep pushing for new laws until something is done.
“Even if in our lifetime we don’t get this bill as long as we bring out the awareness were gonna keep at it were going to keep at it its what our son would want.”
Currently Texas is one of 11 states that by law cannot conduct sobriety checkpoints.
Almaraz says studies he's read show that such checkpoints could cost thousands of dollars per month to operate and believes it is still not as effective.

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It's a 'no refusal' weekend for repeat drunk drivers

2009-01-28T06:56:00.000-08:00

For repeat drunk drivers in Williamson County it'll be a no refusal weekend.

That's because the Williamson County district attorney's office said officers will seek out a search warrant for a blood sample for anyone with two DWI convictions on their record.

Judges will be on-call, even overnight, to consider and approve search warrants.

In Texas, more than half the drivers arrested for DWI refuse to take a breathalyzer test.

That refusal goes up to 60 percent for people with at least two prior convictions.

One third of the DWI convictions in Texas ultimately become a felony crime punishable by 2-10 years in prison and a $10,000 fine.

The first two DWI convictions are misdemeanors. Prosecutors across the state are promoting 'no refusal' weekends.

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Austin police plan to crack down Halloween weekend

2009-01-27T06:55:00.000-08:00

Drunk drivers beware: Austin police are cracking down for the Halloween weekend.

Police said any driver suspected of driving while intoxicated will not be allowed to refuse sobriety testing.

Over the Halloween weekend, drivers who refuse the breathalyzer will be providing a blood sample, police said.

"If you are arrested for DWI, and you refuse a chemical test, we will then take all legal action, which means writing a search warrant, obtain a court order, to obtain that blood test," Austin Police Chief Art Acevedo said.

Suspected drunk drivers are normally given the option to take a chemical test, also known as a breathalyzer.

Acevedo chose Halloween because the number of DWIs on that day has increased over time.

The "No Refusal" is part of the capital city's Zero Tolerance Program on drunk drivers.

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Controversial DWI blood draw plan starts this weekend

2009-01-27T06:54:00.000-08:00

Starting this weekend, if you refuse to blow into a breathalyzer, you could lose some blood, Austin's police chief said.

"We will have a phlebotomist on duty at our BAT [Breath Alcohol Testing] testing bus, who we're paying $17 an hour to draw your blood," Austin Police Chief Art Acevedo said.

Acevedo is using this holiday weekend as a test period for the controversial procedure to combat drunk driving.

"Our hope is to save lives, to prevent destruction and to change
behavior," he said.

A judge will be on call this weekend, and if he or she finds probable cause, he or she will sign a search warrant allowing a trained professional to draw blood.

Driving while intoxicated attorneys said that decision might not be fair.

"It's a slippery slope once this begins to happen, as to just how far the government will go in denying people their rights," attorney Jerry Smith said.

For more than 30 years, Smith has been fighting DWI cases in court.

"I think there are going to be significant issues raised on appeal,
challenging both the constitutionality and perhaps some
of the procedures," he said.

So how many people would this actually affect?

According to the chief of police, close to 50 percent of those suspected of drunk driving pulled over refuse to take the breathalyzer test.


	Driving while intoxicated attorneys said that decision might not be fair.

"Life is about choices, and sadly too many Austinites, too many Texans and too many Americans are making bad choices when it comes to drinking and driving," Acevedo said.

This weekend, APD won't give you a choice if you choose to
drink too much and get behind the wheel.

Acevedo said police won't physically force anyone to give their blood, but if you refuse both the breathalyzer and blood draw, more charges will be added.

Those will include obstruction and failure to follow a court order.

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No refusal DWI policy in effect despite protestors

2009-01-26T06:53:00.000-08:00

Not everyone was out for a good time Halloween night.

Protestors were out to voice their views of an Austin police no refusal DWI policy.

Austin police officers were out Friday night looking for drunk drivers and they weren't taking no for an answer.

Drivers who were pulled over were given a choice. They could take a breathalyzer test or a judge would issue a warrant for blood to be drawn to check their blood alcohol level.

The protestors believe the policy is a violation of civil rights. Austin police say it's legal and necessary to crack down on DWI.

"We're one of the last major cities in the state that has not had one of these (policies) yet. All the other large cities--I've spoken to Houston, Dallas, San Antonio and they do them all the time," Lt. David Mahoney said. "It's legal, you know what I mean. There hasn't been much challenge to it. There's a high conviction rate because blood is one of your best forms of evidence for DWI."

Lt. Mahoney said Austin police DWI unit has actually been using the system for years. This weekend is the first time the entire police force is making use of the warrants.

A trained phlebotomist was on hand to draw the blood. According to Mahoney, over 6,000 people were arrested for DWI in Austin last year.

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APD believes 'no refusal' weekend paid off

2009-01-25T06:53:00.000-08:00

Austin police said they made a typical number of driving while intoxicated arrests over the Halloween weekend, despite the huge turnout on Sixth Street.

They credited the success of Austin Police Department's "no refusal" weekend.

In all, there were about 74 arrests made throughout the City of Austin from Friday to Sunday.

A court order allowed blood to be drawn from 26 suspected drunk drivers, who refused to submit to a breath test.

Police said even though the threat of being subjected to a blood test didn't keep everyone from driving drunk, their efforts will pay off in those 26 cases.

"This is going to be effective when the judges and juries have that information and know beyond a reasonable doubt what that driver's blood alcohol was," Cmdr. Donald Baker said.

Austin police said they are looking into putting the no refusal policy into place year-round.

However, police will not be able to use Travis County's on-staff phlebotomist after Jan. 1, so they will have to find a different solution

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54 DWI arrests on Halloween in Austin

2009-01-24T06:52:00.000-08:00

The Austin Police Department arrested 54 people within an eight-hour span during the Halloween "no refusal" weekend.

Out of those arrests, 26 people refused to give a sample of their breath, but after a search warrant was signed by a judge, they had their blood drawn.

Of the lot, seven people had a blood alcohol level twice the legal limit, 19 had a blood alcohol limit higher than that.

"I would need another team of officers to do it full-time," Lt. David Mahoney said. "So I would say, I would like to do it more often, but right now, we are only sticking to large holidays or weekends where statistics show there are large numbers of DWI arrests."

APD plans to do another "no refusal" during New Year's Eve celebrations.

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Bell County tallies 11 DWI arrests on holiday

2009-01-23T06:51:00.000-08:00

APD asks Austin drivers to take it easy behind the wheel
11/10/2008 9:00 PM
By: News 8 Austin Staff

The Austin Police Department wants the community's help to lower the number of traffic fatalities.

During a month and half, traffic accidents have claimed 10 lives. Four incidents involved pedestrians crossing the street, and two involved motorcycles.

Investigators said one of the motorcyclists was not wearing a helmet.

Officers said they are greatly concerned about the high number of lives being lost on the roadways this year.

"We as the police department need the community's help," Sgt. Kris Thompson said."“We are trying to effectively change the driving culture in the city of Austin. We can do enforcement, but that can only take us so far, we need the public's assistance in helping to change the culture and attitudes of people behind the wheel of the car."

So far there are more than 50 traffic deaths in the city this year, compared to 60 last year.

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Repeat DWI offenders graduate in prison

2009-01-22T06:49:00.000-08:00

They've gone through six months of intense counseling and rehabilitation. Monday, more than 130 repeat DWI offenders called themselves graduates after completing the In Prison DWI
Recovery Program. In September, KLTV 7 told you about the first DWI graduation at the MTC East Texas Treatment Facility in Henderson. Monday, the remaining offenders received their certificates.

They didn't wear a cap and gown, and they didn't receive a diploma, but nothing can take away from the accomplishment these 130 men have made.

"It's a hard task for them to actually talk about their problems and their treatment plans, and going through the program for six months is not an easy task, so this is what we do every month," said Program Director Stacey Taylor. "We do a celebration, or graduation for these offenders." These men are the last of the original 500 offenders to graduate from the In Prison DWI Recovery Program, but the first in the state to undergo such treatment. Omar Contreras of El Paso says the program has changed his way of thinking.

"A lot of things that I thought I was thinking, or doing right, were not, and I've realized that," said Contreras. "This opportunity to come to this program has really opened my mind to make the right choices and wise decisions." Contreras says he's confident he will live a better life, something State Senator John Whitmire, who was instrumental in obtaining funding for the program says he hopes to hear more of.

"They got to do it for themselves and the people that follow in their footsteps," said State Senator, District 15 John Whitmire. "I have to sell this to our colleagues in Austin. There are some that don't want to hear about it, so I need evidence. I need examples of where it works, so I can do more." More treatment for non-violent offenders like Contreras who says he's grateful for a second chance.

In January, Senator Whitmire says they will conduct a study on those offenders who went through the program. The inmates are non-violent offenders who have been charged with three or more DWI's.

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Police suspect man of driving drunk, firing gun from car

2009-01-21T06:48:00.000-08:00

A man with three prior DWI convictions is arrested in East Austin on Christmas night.

Video

Investigators say the shots were fired at 13th and Concho street.

"The nature of the call was a very dangerous situation," said APD rookie officer Alexander Lomovstev. He was only a couple of blocks away when he got the call of shots being fired at 13th and Concho Street. Lomovstev spotted the red suburban, driven by Blas Bautista, pull out in an aggressive manner.

"I got a little bit closer, and I heard 3 or 4 gunshots coming out of the direction of the vehicle," Lomovstev said.

Officer Lomovstev says the Suburban made its way down 13th to Chicon - then northbound on Chicon to East 17th street, before turning southbound on Alamo. That's where Lomovstev pulled over Bautista.

When the arresting officer approached the vehicle he said he could smell a strong odor of alcohol.

"His eyes they were glassy and bloodshot, all the signs of an intoxicated driver," Lomovstev said.

Public data documents show that Bautista has three previous DWI convictions since 2000. His last DWI conviction came just two months to the day that he was released from the Texas Department of Criminal Justice at Huntsville.

Police also detected the strong scent of freshly burned gun powder inside Bautista's vehicle.

Officer Blayne Williams says he found a 38 Special about ten feet from Bautista's truck.

"Inside of the weapon there were four spent rounds and one live round in the chamber, which means if that round was down, if it would have been fired if that round would have struck officers or innocent bystanders," Williams said.

Charlie Mansfield owns a home just two blocks away from where the first shots were fired.

"Obviously any person that's going around shooting firearms, even if it is into the air, we would want law enforcement to take care of that, but I can say in general the people in this neighborhood love the neighborhood," Mansfield said.

It is against the law for a convicted felon to have a gun.

Right now Bautista faces felony possession of firearms as well as DWI charges.

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DWI Court helping people remain sober

2009-01-20T06:47:00.000-08:00

At his worst, Eric "Bodie" Wright drank a 30-pack of beer every day consecutively for six years. He drank all day long.

Wright, 36, of Brownwood, was a heavy drinker since he attended high school in Blanket.

"I was a basketball player and set records in track, but I chose to party," Wright said.

Through the years, drinking cost him a marriage and a job, and when he bottomed out, nothing else mattered but drinking.

Between 2005 and 2007, he received two citations for driving while intoxicated. After the second DWI, he was expecting to go to jail, but he was offered an alternative -- DWI Court in Brown County.

On Friday, Wright was the first graduate of DWI Court, and the event was doubly special because he also was celebrating eight months of sobriety.

"Today is overwhelming, and I am so happy I can move forward and stay sober," Wright said.

The 12-month, three-phase program calls for a team approach for alcohol and drug offenders instead of sending them to jail.

Brown County is one of five counties statewide that has initiated the DWI Court and is the only rural county to adopt the program. The other counties that have DWI courts are Lubbock, Webb (Laredo), Travis (Austin) and McLennan (Waco). Last year, Brown County officials were invited to attend training in Austin offered by the National Highway Traffic Safety Administration.

The purpose of the court is to help nonviolent offenders by placing them under the supervision of a team made up of court staff, prosecutors, a defense attorney, treatment providers and probation officers to help the person stay clean and sober.

Prosecutors welcome the program designed to give people who have substance abuse problems a chance.

"In the past, all we have seen is people fail," said Elisha Nix, assistant county attorney. "It has been a process to plan this and get it ready, but we are working on it."

There are nine participants in the DWI Court program and room for a total of 30.

During Phase 1, offenders are required to make court appearances up to four times a month, to attend a 12-step program, to take alcohol and drug screens, and abide by a curfew. Treatment in Phase 1 could include medically supervised detoxification, inpatient residential treatment or outpatient treatment.

Requirements ease up during phases II and III, but the offenders are still required to take drug and alcohol tests, show up for court a few times a month, maintain a job, attend 12-step meetings and stay sober.

Any violations could result in increased treatment requirements, community services assignments, jail time or even termination of the program.

Judge Frank Griffin, who presides over the court, said the main thing participants have to do is be honest.

"The sanctions are less if the offenders are honest," Griffin said, adding that national statistics show recidivism is less for communities with DWI courts.

Honesty paid off in Wright's case. After several months in the program, he told his probation officer that he was having trouble staying sober and that outpatient programs were not working for him. So he decided to go to a 30-day inpatient treatment at La Hacienda Treatment Center in Hunt.

"This program gave me the opportunity to do that," Wright said. "God has blessed me with a second chance."

As part of the program, Wright was fitted with an electronic monitoring device and sentenced to a year of probation. The device was removed Friday, and he will complete probation Monday.

Griffin said the program can make a difference.

"It is not always going to work," Griffin said. "But if we can make a difference for some of these people and help them become alcohol-free, the program is worth it."

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Police: Man who hit Georgetown cop had multiple DWI arrests

2009-01-19T06:47:00.000-08:00

A Georgetown police officer is recovering from surgery at Brackenridge hospital Tuesday night after being hit by a suspected drunk driver.

Officer Keith Laughlin, 26, was assisting a stalled motorist around 7 p.m. Monday, when authorities say Tommy Hagar, 56, slammed into the vehicles, crushing the officer’s legs.

Police arrested Hagar at the scene after they reportedly smelled alcohol, and they now say Hagar has been arrested several times for alcohol-related offenses.

He's currently being held in the Williamson County jail, charged with intoxication assault and is being held on a $40,000 bond.

According to court records, on Christmas Eve Hillsboro police arrested Hagar for driving while intoxicated. Records also show Hagar was released from probation this summer in Williamson County stemming from an alcohol related offense in 2006. The assistant chief of police says this shows the danger of drinking and driving.

“He just went through an MRI this morning and they are trying to determine the extent of his injuries,” Georgetown Asst. Police Chief Kevin Stofle said.

“It's horrible that someone drinks and runs into a cop like that. When you see a cop you should yield and slow down,” Georgetown resident Bobby North said.

The assistant police chief agrees and says it was a senseless accident.
“Do not drink and drive. Any instance where that happens the potential is there for an accident of this nature,” Stofle said.

Officer Keith Laughlin joined Georgetown Police Department in April of this year. He is married and has a seven month old son.

Detective Eric Wise, the President of the Officer’s Association said “He’s on of our newest officers and kind of one of our rising stars.”

Detective Wise said he spoke with Laughlin earlier Tuesday night and said Laughlin is looking forward to going back to work.

Laughlin is in stable condition tonight. He underwent surgery on one of his legs Tuesday morning and will undergo a second surgery Tuesday.

Hagar is an employee of the City of Georgetown Parks and Recreation Department.

source

Austin police record 24 DWI offenses on New Year's Eve

2009-01-18T06:45:00.000-08:00

As part of the citywide “no refusal” program, Austin Police Department reported 24 driving while intoxicated arrests New Year’s Eve night.

Eleven people agreed to breathalyzers and one voluntarily provided a blood sample.

A judge issued 12 blood search warrants for those who did not agree to provide blood samples.

The highest blood alcohol content reading recorded was .16.

According to Police Chief Art Acevedo, deaths due to drunken driving crashes have gone down in Austin since last year.

In 2007, 50 percent of traffic fatalities were caused by drunken driving incidents. That number fell to 37 percent in 2008.

“No refusal” or “no tolerance” means that if a person refuses a breath test, officers can obtain a search warrant. Once the warrant is issued, blood withdrawals are mandatory.

As part of the effort, police officers and the DWI team roamed streets with a breath alcohol testing bus between 9 p.m. New Year’s Eve and 5 a.m. on New Year’s Day.

A room was set aside at the Travis County Jail for blood withdrawals by a phlebotomist.

-----

In addition to these arrests, APD reported nine arrests on Sixth Street in Downtown Austin.

Seven people were arrested for public intoxication, one for disorderly conduct (fighting) and one for aggravated assault.

source

DUI crackdown curbs offenses

2009-01-17T06:43:00.000-08:00

OCONEE COUNTY — Thursday’s countywide booking report indicates the highly visible and widely publicized crackdown on drunk driving during the New Year holiday was successful.

Check points and law enforcement saturation of specific high-risk areas by Seneca, Walhalla and Westminster police departments, along with South Carolina Highway Patrol checkpoints and patrols led to only four DUI (driving under the influence) arrests on New Year’s Eve across the county.

Austin Knecht of West Union was arrested for first offense DUI, as was Karen Bryant of Westminster, who also faces hit and run and property damage charges. Travis Romero of Seneca also received a DUI charge, and Brent Dawud was charged for his second offense.

Those arrested for DUI will face more rigid penalties after the implementation of a new set of drunk driving laws

passed last year. Those pulled over are categorized into tiers; a blood-alcohol content of .08 percent, but less than .10 percent; a concentration that is at least .10 percent, but less than .16 percent; and a level of .16 percent or more. All the categories have ascending degrees of punishment up to a fourth and subsequent offense.

Under South Carolina law, all drivers with a blood-alcohol content (BAC) of .08 are legally intoxicated, as well as those under the age of 21 with a BAC of .02 and commercial drivers with a BAC of .04.

source

Hospitals, jail officials don't want to collect suspects' blood

2009-01-16T06:37:00.000-08:00

Leaders of the city's two major hospital networks and Travis County Jail officials have told Austin police that they no longer wish to collect blood evidence of suspects in criminal investigations.

Officials for the county's central jail booking facility, where such samples have traditionally been taken, informed police last year that they no longer wanted nurses involved in the practice. Jail nurses stopped taking the samples, which are mostly used in drunken driving cases, on Jan. 1.

Hospital representatives have since asked Austin police not to bring suspects to emergency rooms for blood draws, a procedure that has grown in popularity among law enforcement agencies and prompted controversy locally.

Jail and hospital officials cite a variety of reasons for their decisions.

A Seton Family of Hospitals official said workers are worried about lawsuits, among other concerns. However, an expert in such blood draws for drunken driving cases said state laws are clear that nurses and hospitals are protected from such suits.

Dr. Steve Berkowitz, chief medical director for St. David's HealthCare, said, "We don't really feel that the emergency room is really the most appropriate place to be doing those types of procedures, because they really aren't being seen for a medical reason."Berkowitz said hospital officials still support police efforts to curb drunken driving.

Staff with the Travis County Sheriff's Office, which runs the jail, have decided that nurses should spend their time tending to inmates, not collecting evidence.

Police say they must now find a new way to get samples in cases in which they think the evidence is necessary.

"We have a moral and legal obligation to obtain evidence of a crime, and our ability to do so is being hampered by the decisions of entities we have no control over," Police Chief Art Acevedo said. "It presents a tremendous challenge for us."

The decisions come as the use of blood tests in drunken driving cases has grown among Austin police officers and others across the state.

During the New Year's Eve and Halloween holidays, Austin police conducted so-called "no refusal" operations in which they obtained the blood of drunken driving suspects who refused to give a breath test.

The department hired a phlebotomist for those operations, but has still sought blood samples for suspects when the "no refusal" efforts were not in place. Police estimate they have averaged about 30 such blood draws per month in recent months.

The effort to obtain blood evidence, which courts have upheld as a practice, has created controversy, with civil libertarians saying that blood draws are an unnecessary invasion. They say that officers should be able to build cases without such procedures.

Among other major Texas cities that also have begun collecting such samples, most, including San Antonio and Houston, continue having jail nurses draw suspects' blood, said Clay Abbott, a DWI resource prosecutor for the Texas District and County Attorneys Association.

Fort Worth police take suspects to a local hospital for the procedure, he said. Local paramedics collect blood samples in some small towns.

State laws allow police to use search warrants to obtain suspects' blood, which Abbott said gives nurses and hospitals lawsuit protection because they are acting under court order.

The law also permits police to draw the blood of suspects in drunken driving crashes involving serious injury or death without a search warrant. Abbott said nurses and medical facilities still have legal protection in those instances, as long as they are acting in the scope of their normal duties.

According to the law, "The person who takes the blood specimen under this chapter, or the hospital where the blood specimen is taken, is not liable for damages arising from the request or order of the peace officer to take the blood specimen."

Abbott and Jim Harrington, director of the Texas Civil Rights Project, said they are both unaware of any lawsuits in Texas against medical officials who have drawn blood of drunken driving suspects.

Greg Hartman, senior vice president for Seton, said hospital officials want more time to understand legal issues and other matters before collecting such samples.

For instance, he said emergency room nurses do not perform medical procedures without a doctor's order. When drawing blood for a criminal case, doctors seldom evaluate suspects, creating concerns among the nurses, he said.

Hartman said hospital officials also want to further discuss with police who will pay the salaries of nurses if they are called to testify in court for such cases. He said he is not aware of any nurses that have been summoned to court so far for such cases.

And Hartman said the legality of nurses collecting blood evidence hasn't been tested in court and that officials are concerned about suits against employees or hospitals.

"This is a very complicated issue," Hartman said. "We aren't making decisions as to whether (law enforcement) should be doing this."

Travis County sheriff's office Maj. Mark Sawa, whose agency was the first to prohibit nurses from drawing suspects' blood for evidence, said officials decided that they also did not want jail nurses called to testify in court cases and missing work.

He said that providing inmate care is their "essential function" and that the department is seeking a national certification in which jail nurses are not involved in evidence gathering.

Acevedo said police officials are now trying to find other options for collecting blood, including possible contracts with private clinics. He said it also is possible that the department might train a team of officers to collect blood.

Acevedo said he has no estimates on the cost of a possible contract or training of officers.

In the meantime, he said, officials will try to work out a temporary plan with either the jail or a hospital.

"We are going to do what we need to do to secure the evidence we need while minimizing the cost to taxpayers," he said.]

source

How to Deal with DWI Austin Arrest?

2009-01-15T04:15:00.000-08:00

If you are facing DWI Austin arrest or similar charges in other county or state, what you need to understand and realize is that you have got yourself into a very serious problem. DWI Austin arrest in a long wound legal procedure which costs time, money, energy, loss of face and sometimes job. It has life lasting effects.

The DWI arrest invariably leaves the DWI Austin victim with a sour feeling that this was one drink that he could have so easily done without! How true but too late... now that you're facing DWI charges, you rather deal with it. One thing about DWI Austin Arrest is that you cannot undo it. No matter what you do, if you are arrested by Law Enforcement Team or Patrolling Police under DWI Austin you have to face the consequences.

DWI Austin Laws - An overview: As far as DWI Austin Laws are concerned they are very strict and getting stricter by the day. Impaired driving has cost Austin many innocent lives. Vigorous patrolling during the peak hours is a norm. There are checkpoints now where the patrolling team stops all vehicles to check the status of driver's mental and physical faculties. There is another side to this. If you think you are drunk beyond the permissible BAC limits, there is a facility of hiring a driver who will drive you home in your own car. You are free to choose this option if you need the car to drive to office the next day.

How does DWI Austin arrest happen? DWI Austin or Driving While Intoxicated in Austin is not an easy job for the patrolling police also. They are given a set of guidelines which they have to adhere to. They are trained professionals doing their job. So if they stop you on DWI suspicion, it means they have enough proof for doing so. Either someone called them (not an anonymous caller) or you have been under observation for at least half an hour and that they have been observing your behavior and mannerisms.

On what grounds can you be arrested under DWI Austin Charges? If after various roadside tests or tests done at the police station your Blood Alcohol Content Level is found above 0.08 you will be arrested. this is the point where things begin to get real complicated. And if you refuse to take these tests your driving license is suspended immediately. Either way trouble brews.

On what grounds can you challenge your DWI Austin Arrest? The police that arrested you under DWI Austin charges can be challenged on many grounds by a competent DWI Austin attorney. so make sure you hire the right people. e.g. The police cannot follow you home secretly without informing you. If they've done it, you can tell this to your attorney
and he will deal with it. Likewise these tests are not scientific and accurate - and the DWI Austin attorney is aware of all aspects of it to question the court during hearing.

Did the police making arrest inform you about your rights as a citizen?
Were the tests done in accordance with the Standardized NHTSA guidelines?
Were the conditions proper?
Were your physical disability (if any), age, psychological conditions, weight given due attention while DWI tests were performed on you?

Hiring a competitive DWI Austin attorney: Don't try to be your own attorney if you are not qualified. Let a professional do his job. A DWI Attorney Specialist firm will ideally comprise Attorneys, Paralegals, investigator, outside forensic toxicologist, an outside evaluation group. The investigator is ideally a retired officer who has past experience of handling DWI cases at various levels.

DWI Austin Arrest cost: At least 6 months of worries and approximately $8500 expense. This includes attorney's fee, additional insurance, surcharges, Applying for temporary license etc. Hiring an attorney, appearing in court, not being able to drive, a bad police record, etc are things that you cannot convert in money and the stress and inconvenience it can cause immeasurable trauma.

DWI Austin charges are something you can do without. If you are drunk don't take a risk of driving home or wherever. You rather hire a driver or a cab NOW than hire an attorney LATER!

Purva Mewar manages this Austin DWI website trying to build a platform that can be used to share news, information and DWI Austin cases.

Article Source: http://EzineArticles.com/?expert=Purva_Mewar

DWI blood test use increasing in Texas

2009-01-14T06:46:00.001-08:00

The “no refusal program,” in which search warrants are immediately issued to draw blood from DWI suspects who refuse a breathalyzer test, is gaining popularity around the state.

Bell County initiated the program last night and will continue today.

In some jurisdictions of Tarrant County, blood is routinely drawn for testing from those refusing a breath test.

Over the past 16 months, Harris County has issued about 300 such warrants during most major “drinking” holidays.

When the city of Austin announced it would institute the “no refusal” program this past Halloween, the American Civil Liberties Union of Texas issued a press release in opposition.

“I know Travis County is doing it (running the ‘no refusal’ program) this weekend,” Dotty Griffith, public education director of the ACLU of Texas, said. “I didn’t know that Bell County was doing it, but it doesn’t surprise me. We urge officers to use judgment and not pull people over indiscriminately. There needs to be true probable cause.”

Ms. Griffith was critical about the mechanics of the program, pointing to the probable cause warrant in such cases as a rubber stamp process.

Rather than challenge the constitutionality of such a program, the union complained that such a program takes police off the streets and undermines public safety.

“In our case it’s not pulling people off the streets because we’re adding additional patrols,” said Bell County Sheriff Dan Smith. “This will be a special DWI taskforce.”

Smith said the timeframe for getting a warrant would be greatly reduced with a judge available and prosecutors in place, prepared to respond exclusively to DWI cases.

Bell County District Attorney Henry Garza compared the blood-draw warrants to cases where blood or DNA samples are needed. If a suspect does not consent, a warrant is issued for the samples based on probable cause.

“A number of counties have engaged in this,” Garza said. “We’re simply using the available legal authority.”

Suspects who refuse a breath test prevent prosecutors from obtaining scientific evidence that could help strengthen a case for the state. In Texas, about 50 percent of people pulled over for suspicion of DWI refuse a breath test, according to the Harris County District Attorney’s Office.

The rate of people declining breath tests on “no refusal” nights in Harris County has been as low as 35 percent. When combined with mobile testing units, the refusal rate dropped as low as 20 percent.

Blood evidence takes the guesswork out of decisions to prosecute. Only 2 percent of the suspects tested out of Harris County were under the legal limit of 0.08 and had no other intoxication substance in the blood.

Another complaint by the ACLU is that forcing uncooperative people to have their blood drawn creates a general public distrust for police.

The ACLU believes the Texas law that allows 180-day suspension of driver’s licenses for persons who refuse a breathalyzer is an appropriate deterrent. Other civil penalties for refusing to consent to a court-ordered blood test could also be used, according to a prepared ACLU statement.

The “no refusal” program is not seen by the police community as a tool to build trust.

It is more of a deterrent and warning aimed at reducing the number of fatalities on roadways and the intoxicated drivers who may cause them, Garza said.

It is a way to make the roads safer for those who drive without drinking, Garza said.

The number of people compelled to give blood by the county’s participation in a “no refusal” program Wednesday night was expected to be minimal, maybe five people, according to a county official.

The official tally should be available today.

Note: Hours after Bell County officials held a press conference Tuesday to notify the public of its intent to use the “no refusal” program for the first time, former NBA great Charles Barkley was pulled over in Arizona for suspicion of driving under the influence of alcohol. He refused a breath test and was given a blood test. Test results are not yet available.

source

‘No refusal’ New Year’s shows change

2009-01-14T06:44:00.000-08:00

The time to celebrate New Year's has passed on Sixth Street in Downtown Austin, but some bars are still pouring plenty.

"We had an increase on this same day last year and New Year’s Eve last year so we're real happy with that," bar owner John Erwin said.

For some bar owners there seems to be no decrease in drinking this New Year's...but what about driving after drinking.

"We hope it’s a deterrence for people, to keep the streets safer here," Veneza Aguinaga of the Austin Police Department said.

Known to be a night for excessive drinking, Halloween was the first trial run of the “no refusal” initiative. If suspected drunk drivers refuse to have their breath tested, instead their blood will be tested.

On Halloween, 54 DWI arrests were made. Twenty-six of those arrested refused a breath test. New Years Eve saw 24 arrests and 12 refusals. Essentially, the numbers have been cut in half.

"I think the awareness is the main deterrent, the threat that it could happen to me," Erwin said.

But, not all those who are aware are in favor, even if it is deterring folks from getting behind the wheel when they shouldn't.

"I think it’s a violation of anybody's rights just to have someone come and prod you with a needle," bar customer Bill Fischbach said.


	Some believe “no refusal” is a violation of rights.

On New Year’s Eve, Sixth Street saw only nine arrests, and seven were for public intoxication.

Bartenders said most groups of heavy drinkers had a “get home safe” plan.

"Just having one or two drinks or saying, ‘No, I'm the designated driver, I'll just have a soda,’" bartender Heidi Caldwell said.

Designated drivers instead of drunk ones: police said -- controversial or not -- that's the goal of “no refusals.”

Austin police said for now, the plan is to continue using the “no refusal” initiative around holidays known for heavy drinking.

Statistics show that half of those arrested for DWI refuse to take a breathalyzer test.

source

Austin Texas DWI Attorney

2009-01-08T04:15:00.000-08:00

AN Austin Texas dwi attorney focuses on the defense of state and federal criminals accused of dui. Their practice extends to the federal courts in Texas and also the state courts of Austin. Various different issues are handled by these attorneys such as Federal Offenses which are white collar offenses, Narcotics and drugs which are dangerous, and various other Federal and State offenses. Listed under these offenses are several issues such as bank fraud, health care fraud, Federal Tax offenses, embezzlement and insurance fraud, and computer related crimes. Other serious offenses are murder, sexual offenses, assault and drug related crimes.

An Austin Texas DWI attorney also looks into cases regarding drunken driving or for driving under the influence of a substance which is intoxicating. The attorney assists their client in preventing their license from being revoked or suspended, and represents their client at the hearing. The attorney could also call for an acquittal of the case or a dismissal.

For those who have a criminal case pending and need an attorney to represent them or would like some clarification on some criminal matter, they could contact any of the Austin Texas dwi attorneys by making an appointment with them.

In the category of Federal Drug cases, possession or distribution of a large amount of drugs that are unlawful and manufacturing or importing them could implicate the person in a criminal offense. Among the white collar crimes fraudulent business deals are the main cause of persons getting accused of criminal offenses. Such cases are handled by Austin Texas attorneys and if the defendant is found to be guilty can be punished by the United States government under their guidelines.

For drunken driving in Texas, a person who is committing this crime for the first time could be punished for a period of six months along with a fine. As the number of times this offense is repeated both the prison sentence and the amount payable as a fine will keep increasing. Their driving license could also be suspended if the defendant refuses to undergo an alcohol test after being found guilty of a DWI felony. For assistance in all such cases the defendant would require the services of an Austin Texas DWi attorney to help get them out of the situation at least with a minimum amount of punishment.

For more free information on finding an Austin Texas DWI Attorney visit my site Texas-DWI-Attorney.net.

Article Source: http://EzineArticles.com/?expert=Christopher_Whitcomb

DWI Affects Your Insurance

2009-01-01T04:14:00.000-08:00

Being convicted of an Austin DWI can lead to a multitude of other problems that will eventually arise in the future for you and your overall driving life. When you are first arrested for a DWI, you are going to need an Austin jail release lawyer to help you with your case. There are many things that will be involved in your punishment once you are officially convicted of a DWI in Austin. The austin jail release lawyer can help you with all the first details of the case.The first part of your conviction will be your fine that will be issued. The court will give you anywhere from $500 to $4000 depending on your prior criminal history and what the judge thinks is an appropriate punishment. The next part, jail time, may or may not be part of your punishment. Depending on if you are a repeat offender or if this is your first DWI conviction will help the court make a decision as to whether you deserve to serve a certain amount of jail time or not. The court may also decide to assign you some sort of community service hours depending on what they think is appropriate.

After your entire sentence has been taken care of is when the real effects will happen. One thing to keep in mind is that a DWI is a misdemeanor and will be kept on your record for quite a long time. The first thing that you should worry about is getting your license off suspension. When you are arrested for a DWI they will automatically suspend your license for up to 180 days. This means that after that time period you will need to go back to your DMV and get your license reinstated. There are certain requirements that you will need to follow to get your license back. Your insurance is the next and most important thing that you need to worry about. Insurance companies don't like to have drivers who have been convicted of a DWI on one of their policies. The companies usually consider you a high risk driver and there are many consequences that go along with this. If your insurance company doesn't find out that you have been convicted for a DWI then you will have gotten off lucky but be aware that there is always a chance that they will find out.

When the companies find out that you have a DWI conviction, there are two options that they can take to manage the situation. The first option is that they will completely drop you from their policy. If this happens, keep in mind, they are required to tell the DMV that they did this and your license may be in jeopardy again. The second option that they can take is to drastically raise your premiums. Because you are considered a high risk driver, they are required to have a higher premium to take care of any added damage you may have. In this case, the company is also required to inform the DMV of any changes that may occur in your insurance within the next 3 to 5 years.

For more information, contact the Austin Jail Release Lawyers of Morales and Navarrete at http://www.austinjailreleaselawyer.com

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Austin DWI Attorney - Top 5 Firms in Austin

2008-12-25T04:14:00.000-08:00

1-Dunham & Rogers: With an experience of more than 20 years, attorneys at Dunham & Rogers know fully well how to defend and win DWI cases. Another good thing about this law firm is that the fees are not too high and you can easily afford it.

2-Law Office of EG Morris: Texas Board of Legal Specialization has recently awarded EG Morris the designation of Criminal Law Specialist. In addition, he has also earned the prestigious AV rating from the Martindale Hubbell legal directory. With team members also been highly qualified, Law Office of EG Morris is a perfect DWI attorney firm for your DWI case. Customer service is also top class at Law Office of EG Morris.

3-KUHN, DOYLE, & KUHN: KUHN, DOYLE, & KUHN is an Austin based law firm that specializes in DWI. The best part about this law firm is that they do not charge any sort of consultation fee.

4-Ben Florey Law Offices: Unlike many law firms where individual attention is not given to the clients, Ben Florey Law offices give their clients individual attention, which is quite critical in handling of DWI cases.

5-IAN INGLIS Attorney at Law: Certified as criminal law specialist by the Texas Board of Legal Specialization, Ian Inglis has an experience of more than 25 years in handling DWI cases. When you take the services of Ian Inglis, he will arrange an administrative license revocation hearing for you, which means that you are not going to loose your driving license.

DWI attorneys try their best to ensure their clients receive the minimum penalty possible but it is upto the client to be positive and generally truthful in their dealings with the attorney.

Sara Sentor

Webmaster

http://www.aboutdwi.com

Article Source: http://EzineArticles.com/?expert=Sara_Sentor

No refusal DWI policy in effect despite protestors

2008-12-18T04:12:00.000-08:00

Not everyone was out for a good time Halloween night.

Protestors were out to voice their views of an Austin police no refusal DWI policy.

Austin police officers were out Friday night looking for drunk drivers and they weren't taking no for an answer.

Drivers who were pulled over were given a choice. They could take a breathalyzer test or a judge would issue a warrant for blood to be drawn to check their blood alcohol level.

The protestors believe the policy is a violation of civil rights. Austin police say it's legal and necessary to crack down on DWI.

Lt. Mahoney said Austin police DWI unit has actually been using the system for years. This weekend is the first time the entire police force is making use of the warrants.

A trained phlebotomist was on hand to draw the blood. According to Mahoney, over 6,000 people were arrested for DWI in Austin last year.

source

APD encourages drivers to play it safe over the holidays

2008-12-12T06:29:00.000-08:00

Austin Police officers will be giving out fliers to drivers this month, as part of their Holiday DWI enforcement initiative.

The goal is to remind drivers, when they drink and drive, they put someone's life at risk.

"We want to put a face to the tragedy of DWI," DWI prevention advocate Gloria Souhami said. "This year we are honoring—we have fliers that are red and green for Christmas—we are honoring Kayla Marie Floyd, who was killed over a decade ago by an underage driver."

Kayla Marie Floyd was killed when she was 24 years old.

"She was a nurse and a model," mother Peggy Floyd said. "She participated in Ms. Texas pageants, and she was very busy doing things all the time."

source

Austin police announce 'no refusal weekend'

2008-12-11T04:10:00.001-08:00

If you drink and drive this weekend, Austin police say they will find proof through your breath or your blood. You can't refuse because this coming weekend will be a "no refusal weekend" in Austin.

On 6th Street in downtown Austin the decorations are out for the holiday weekend and the liquor shelves are full.

"It's gonna be crazy. It's gonna be nuts; lots of people out here," said Austinite Carlos Benavides.

Since Halloween falls on a Friday this year Austin police expect more on the party scene. They also expect more drunk drivers, but anyone caught driving drunk in Austin will face tighter scrutiny than ever before.

"We are willing to fight to make a difference," said Chief Art Acevedo, APD.

Chief Acevedo says this weekend will be the first time for a city-wide no refusal policy. Any driver that appears to be under the influence but refuses to take a breath test will instead have their blood drawn.

An officer will get a search warrant for a blood sample and then take the driver to the Travis County jail where a professional phlebotomist will take a blood sample.

"It seems just a little bit extreme," said Austinite Natalie Zoe.

The police department says its numbers prove otherwise.

Last year, when Halloween fell on a Wednesday night, Austin police made 21 DWI arrests. That's the same amount they usually make on an average Saturday night.

“We are the worst state in the union for DWI, we're the hardest drinking city in the union,” said Chief Acevedo.

The ‘no-refusal” policy isn't new to Central Texas.

“I think it's beneficial to everybody around to get the drunk drivers off the road,” said Gloria Farrow, who supports the policy.

Williamson County District Attorney John Bradley says the county already mandates blood search warrants on felony DWI charges, when a driver already has two DWI convictions.

“We need the right to investigate that case and prove whether someone is intoxicated,” said Bradley.

Others disagree and say police need to find another way to catch drunk drivers.

“They have other tests. They have sobriety tests. They have their field tests I mean they have their breathalyzer test. There (are) other things they can do,” said Benavides.

“You can take them to jail anyway if they refuse a breathalyzer and that takes them right off the street,” said Nick Kriofske, who doesn’t support the policy.

Drivers can refuse sobriety tests and opt for jail instead, but police say without proof of a driver's alcohol level, it's difficult to prosecute a DWI charge.

Chief Acevedo says the city-wide “no-refusal” policy could become permanent if this weekend's test-run catches more drunk drivers.

source

Austin police announce 'no refusal weekend'

2008-12-11T04:10:00.000-08:00