Shelby County Today

September 25, 2019 - Following extensive discussion over the proposed budget, and other potential additions, the Shelby County Commissioners carried a motion to adopt the proposed budget with the only addition being $5,000 to the Child Welfare Board during their meeting held September 18, 2019.

This left out additional raises that had been discussed in previous budgetary meetings.

(A county employee later clarified the 2% COLA was included in the approved budget.)

Other potential additions which were more recent included a 2% COLA raise for courthouse employees, raises for two employees in the District Attorney's office utilizing funds from the Pretrial Diversion Program and an injection of $50,000 into the Right of Way fund for the purpose of weed spraying along roadways in the county.

The request for Right of Way funding came from Charles Barr to provide each commissioner with $25,000 for the purpose of keeping the right of way clear of debris. Clint Porterfield, County Auditor, asked County Judge Allison Harbison from where the money would originate and she stated "cash balance."

Porterfield explained the money would need to be derived from a tax assessment.

Porterfield asked, "Where will that money come from? What tax rate will that money be taken out of to put in the Right of Way fund, and how much?" 

He further explained his question asking if the funds would be coming from the indigent care fund, general fund, jury fund or some other account. Barr asked Porterfield for his input and he stated he had no recommendation. 

Later in the meeting Porterfield explained the Right of Way fund is intended for capital improvements/purchases and not maintenance expenses.

Judge Harbison stated there are several employees within the courthouse who are eligible for food stamps and she said that demonstrates how little they earn.

"The cost of living affects all of us the same and I know this is late, but I arrived late to the party," said Harbison. "The 2% for everyone is going to be around $85,000 on the full-time people and I thought that we might let everybody get the same raise."

Harbison stated the raise would be $725 instead of 2% over their salary. She remarked if they didn't go with this option this year, then something needs to be done on the following year.

"I can tell you something that's less popular, but it's something I'd be very much willing to do that no elected official get a raise, period, and the employees get the raise. All of it," said Commissioner Roscoe McSwain. 

Stephen Shires, District Attorney, wrote a letter to the commissioners requesting to give raises to two of his employees. To facilitate this raise, he requested using funds from the Pretrial Diversion Program fund. Porterfield indicated this request was made after the proposed budget was filed.

The proposal was for $2 for one employee and $1 for another. Judge Harbison remarked, "this again is what's not fair because there's offices that don't have a nice little slush fund that can supplement their people's salary."

She said she doesn't begrudge those employees receiving a raise.

"If they're going to get that then why wouldn't they get a 2% or 3% raise too on top of that? That's a slap in the face to the other 80-90 employees that cannot get that," said McSwain.

Gary Rholes, County Attorney, stated to the commissioners the Pretrial Diversion Program funds can only be used for the Pretrial Diversion Program by law. 

Porterfield said, "as with any supplement you do not have to approve a budget for it; however, I would not see why the court would not approve it when we have already set the precedent of approving other supplements for other programs."

He stated fairness was irrelevant to the commissioners' decision as supplements for other departments are already in place. 

McSwain suggested the commissioners may need to start making adjustments in the future to those departments that have the ability to apply supplements, so their employees don't receive the extra benefit of a cost of living adjustment raise like everyone else. 

"I think the con side of the supplement programs is that it's taking on the explanation that you have a new program that has to be administered, and you're collecting money for that program and if you have someone working to do that program, they should get a piece of the program a piece of the fees," said Porterfield.

He said the negative of that is there are departments across the county that are taking on other jobs and duties all the time, but with no fee collection to help supplement their salary.

According to the letter from Shires to the commissioners, Joey Haley and Whitley Williams both administer to the Pretrial Diversion program and as such are acceptable to be paid out of that fund.

Rholes said he looked at utilizing the Pretrial Diversion program on the misdemeanor level and couldn't justify it's purpose as he couldn't put the collected money to use.

Judge Harbison inquired with Joey Haley how many people are in the Pretrial Diversion program and he was not sure, but stated they have a file cabinet full of individuals.
 
McSwain referenced a time when the commissioners met with Shires about hiring an investigator.

"It goes back to just sticking to what the deal is. We told him we would hire him an investigator as long as he made no more than the chief deputy of the sheriff's department," said McSwain. "This is a way to go around that after giving your word you would not do that and get more money."

As the discussion returned to more general budget information Porterfield suggested each commissioner may have $30,000 to $40,000 in carryover monies which could be used for spraying on the right of way. He also questioned why the county doesn't utilize a vehicle purchasing program for such acquisitions as automobiles for the sheriff's department.

McSwain suggested the road and bridge departments have "starved" themselves for the past three years, and Porterfield countered the precincts have taken and used over $4 million from the general fund reserves. McSwain said they would need that money again and Porterfield asked why not just move the $6 million in investments to the precincts.

"Road and Bridge has looked after itself for way to long without the consideration of salaries for general fund employees as we've been discussing, and that's the bottom line," said Porterfield. "We're not here discussing moving another $100,000 into the general fund so employees can have a decent pay increase at the bottom line, it never comes to that."

Porterfield stated he hopes everyone realizes the information he presented during the meeting was in an effort to preserve the healthy fund balances the county currently has.

"This isn't a reflection on you, my comments Mr. McSwain are not a reflection on your job performance, or your road conditions or the amount of money you need," said Porterfield. "My comments are made in an effort to educate everyone of the road we're headed down if we aren't protective of the funds that we have and we give each one of them thorough thought as to where the money is coming from and what are the ramifications when we do these things."

He further commented the county is in a very healthy financial position currently. 

The commissioners carried a motion to adopt a .7027 tax rate for 2019-2020 which is the same rate as last year; however, the effective rate would be .6422. Judge Harbison explained the choice was to stay with the current tax rate, as appraised values have gone up that's why the effective rate has been pushed down.

The meeting went into executive session at 10:48am and returned to open session at 11:25am. After that the meeting was adjourned.

Agenda items approved during the meeting include:
1. Pay weekly expenses.
2. Current payroll.
3. Adopt 2019-2020 budget.
4. Adopt 2019-2020 tax rate of .7027.
5. 2020 Sheriffs’ and Constables' fees.
6. Adjourn.

September 22, 2019 - Shelby County Constables were instrumental in the recovery of a truck-tractor and trailer in the Haslam area Wednesday, September 18, 2019 with a combined value of $250,000.

Constable Roy Cheatwood was contacted by Panola County Constable Bryan Murff, who was searching for an 18-wheeler from his area, to see if it might have made its way to the vicinity of Joaquin.

Within 40 minutes, Constable Cheatwood and Deputy Constable Newton Johnson, Jr. had located the Kenworth truck and the lowboy trailer, which had been dropped beside it in the Quick Stop parking lot. 

According to Constable Cheatwood, Greg Ransom reported his truck stolen and once Constable Cheatwood was alerted by Constable Murff the local search began.

Constable Cheatwood worked together with his Deputy Constable Newton Johnson, Jr. and Constable Jake Metcalf.

Once they located the truck-tractor, Constable Murff and Ransom were updated and they arrived at the scene to reclaim the equipment.

September 20, 2019 - The Center Police Department has issued a press release relating to the suspect involved in the robbery of a Center gas station at gunpoint who has been apprended.

Press Release: The Center Police Department’s Street Crimes Unit responded to K&S Food Mart located at 462 State Highway 7 East in reference to an Aggravated Robbery that had occurred at approximately 4:53am on September 19, 2019. 

The suspect later identified by detectives as Jonathan Vidal–Delacruz, 23, of Center had entered the store and attempted to fire a 9mm semi-auto pistol at the owner of the business. The weapon apparently malfunctioned and Delacruz then chambered another live round into the weapon and pointed it at the victim, demanding the cash from the register. The victim complied and then Delacruz left the store.

Detectives obtained a search warrant for the residence that Delacruz was staying in and were able to locate evidentiary items used in the crime.

Shelby County Today has learned Detectives later located Delacruz at a poultry farm on FM 415 near Timpson where he was taken into custody at around 5pm.

The Police Department would like to thank the Shelby County Sherriff’s Department and the Texas Department of Public Safety Troopers for their assistance and vital roles in the search warrant execution and apprehension of the suspect.

Delacruz is charged with Violation of Probation Warrant (Original charge Burglary), Failure to Identify Fugitive from Justice (M-A), Aggravated Robbery (First Degree Felony) Attempted Capital Murder (First Degree Felony). 

The Street Crimes Unit is currently working with the Department of Homeland Security. Delacruz is also being held on an Immigration Detainer and will face Federal charges of Alien in Possession of Firearm and Re-entry after deportation offenses.

September 19, 2019 - Center PD Officers are currently searching for an individual who robbed a gas station clerk at gunpoint early Thursday morning, September 19, 2019 at 4:53am.

According to Sgt. Chris Knowlton, the suspect entered the KS Food Mart located at 462 Hwy. 7 East at the intersection with Loop 500 and pulled a gun on the clerk. 

The assailant took around $200 from the clerk and fled the scene in a vehicle.

Officers are actively seeking the suspect.

Descriptors on the individual haven't been released at this time.

Shelby County Today will update with additional information when it’s made available.

September 13, 2019 - Shelby County Sheriff’s Office (SCSO) deputies responded to a residence located in the Campti community in Shelby County on August 17, 2019, at 4:30am, in reference to an aggravated robbery. Deputies learned that the homeowner was asleep and was awakened by the intruder. The homeowner stated the intruder was demanding money. The intruder forced the homeowner to the floor and forced her to empty her wallet.

The homeowner provided deputies with a visual description of the intruder. The homeowner escaped by locking the door when the intruder stepped outside on the patio. The homeowner then ran to call for help and the intruder shattered the glass door in an attempt to regain entry.

Through the investigation, SCSO Chief Deputy Kevin Windham obtained information on the suspect and the suspects' injuries. Chief Windham and SCSO Deputy Ruth Gonzales were informed that the suspect had received treatment outside Shelby County. Once the suspect was identified, information was obtained that the suspect and his mother were planning on fleeing to another country to avoid capture by law enforcement officials.

Chief Windham, Deputy Gonzales, SCSO Lieutenant Del Birdwell, and the Nacogdoches County Sheriff’s Office set up surveillance at a designated location in Nacogdoches County. Once the suspects’ vehicle was observed, it was followed from Nacogdoches County into Angelina County, where Chief Windham contacted the Angelina County Sheriff’s Department for assistance.

The suspects were arrested without further incident. 

Raul Alexander Gomez, 19, of Nacogdoches, is currently being held at the SCSO on the following charges: Theft (SJF); Aggravated Robbery (F-1) and an ICE hold.

Artisma Margarita Gomez, 48, of San Augustine, is currently being held at the SCSO on the charge of Hindering Apprehension (F-3) and an ICE hold.

Chief Windham would like to extend his thanks to Deputy Gonzales, Lt. Birdwell, Nacogdoches County Sheriff’s Office, Detective Jordan Long of the Angelina County Sheriff’s Department, Texas Department of Public Safety and the Sabine County Sheriff’s Office for their assistance with this investigation.