The story headline links to a better view of the story and share features.
News
January 25, 2019 - On Thursday, January 24, 2019, in the 123rd Judicial District Court, Honorable Judge LeAnn Rafferty presiding, 63 cases were on the docket for status hearings and other pretrial purposes. Shelby County District Attorney Stephen Shires finalized 22 cases.
This included State v. Watts, on a revocation of probation, where the defendant received 10 months in the Texas Department of Corrections Criminal Justice State Jail Division for a drug possession offense. That also included State v. Jacobs, where the defendant received 24 months State Jail incarceration for drug and other offenses.
Persons incarcerated in the State Jail Division do not receive credit for “good time” and are not eligible for parole. That means, with the exception of individuals who voluntarily educate or train themselves (and become eligible for a slight reduction of their sentence), persons sentenced to the State Jail Division do their time day-for-day.
District Attorney Shires announced that discovery had been provided on each of the cases, and he and defense lawyers agreed that most of the remaining cases are close to being resolved via plea bargain. After the 63 case docket was completed, Judge Rafferty brought over several additional individuals jailed at the Shelby County Jail on recent charges, to inquire into their statuses.
A number of those individuals are being brought back to court on January 25, 2019, for further proceedings. The remaining cases are set on the March-April Trial Docket.
On Thursday, January 24, 2019, David Nathan Lewis, Jr., of Timpson Texas, was convicted guilty and sentenced in the following cases:
- Endangering a Child 24 months incarceration in the State Jail Division
- Forgery: 24 months incarceration in the State Jail Division
- Possession of a Controlled Substance 24 months incarceration in the State Jail Division
- Unauthorized Use of Motor Vehicle 24 months incarceration in the State Jail Division
- Fraudulent Use of Identifying Information 6 Years TDCCJ Institutional Division (Prison)
The endangering a child charge, forgery chare, possession of a controlled substance charge, and unauthorized use of a motor vehicle charge are all considered “state jail felonies” under the law and subject the defendant to incarceration in the TDCCJ State Jail Facility for a period of 6 months to 24 months.
Thus, Mr. Lewis received the maximum sentence from Judge LeAnn Rafferty, in the 123rd Judicial Court, on those charges. The fraudulent use of identifying information charge is a third degree felony, with a punishment range of 2-10 years. Mr. Lewis received six (6) years incarceration in prison on that charge.
As previously noted, persons incarcerated in the State Jail Division do not receive credit for “good time” and are not eligible for parole. That means, with the exception of individuals who voluntarily educate or train themselves (and become eligible for a slight reduction of their sentence), persons, like Mr. Lewis, sentenced to the State Jail Division do their time day-for-day.
On Thursday, January 24, 2019, Shelby County District Attorney Stephen Shires moved to have the bonds on Tracy Whitaker, of Timpson Texas, revoked. Mr. Whitaker was on bond for the offenses of burglary of a habitation and engaging in organized criminal activity. While out on bond, Mr. Whitaker allegedly committed additional criminal offenses.
For that reason, District Attorney Shires asked that Mr. Whitaker’s bonds be revoked, that he remain in custody pending trial, and that his cases be preferentially set for trial. Judge Rafferty granted the State’s Motion.
Mr. Whitaker is set for trial on March 18, 2019.
January 24, 2019 - Loop 500 at the intersection of State Highway 7 East was the scene of a major two-vehicle crash Wednesday, January 23, 2019 involving a light pole.
When emergency responders arrived at the scene, a four-door passenger vehicle remained in the middle of the eastbound traffic lanes and the other, an SUV was in a ditch on the eastbound side and was straddling the base of a street light.
According to Center Police Officer Steve Thornburgh, at 12-noon a white 2015 GMC Yukon XL driven by Beatriz Almaguer, 43, of Center was eastbound on State Highway 7 East at the intersection of Loop 500.
At that time, a black 2007 Pontiac Grand Prix driven by Loretta Berry, 55, of Center was eastbound on Loop 500 and failed to yield right of way entering the intersection, causing the two vehicles to collide.
No injuries were reported as a result of the crash.
Berry was issued a citation for failure to yield right of way and Almaguer was issued a citation for no driver's license.
TxDOT was at the location to address the light pole which was knocked down and Center Fire Department directed traffic until the vehicles were removed.
Officer Thornburgh was assisted with the crash investigation by Officer Robert Lee.
January 23, 2019 - On January 22, 2019, in the 273rd Judicial District Court of Shelby County, Honorable James A. Payne Jr. presiding, ninety-four (94) felony cases were set on the docket for arraignment, status hearings, and other pretrial purposes. Twelve (12) cases were disposed.
In all but a couple of the cases set for status hearings, discovery had been completed. Shelby County District Attorney Stephen Shires and defense attorneys on numerous of the cases set for status hearing indicated that the cases were close to being resolved via plea bargain. A number of defendants did not show up for their arraignment at Court.
As a result, warrants for their arrest have been issued. The cases that aren’t disposed by plea bargain are set on the May-June trial docket.
January 22, 2019 Lufkin – TxDOT Commissioners in December approved a reduction in the speed limit for sections of roadways in Nacogdoches, Polk and San Augustine counties.
In Nacogdoches County, the speed limit will be reduced from 70 miles per hour to 65 miles per hour on SH 21 East from the Nacogdoches city limits to the San Augustine County line.
In Polk County, the speed limit will be reduced from 70 miles per hour to 65 miles per hour on US 190 from the Livingston city limits to the Tyler County line.
In San Augustine County, the speed limit will be reduced from 70 miles per hour to 65 miles per hour on SH 21 from the Nacogdoches County line to the San Augustine city limits.
“Through speed studies conducted on these roadways, these sections of the highway met certain markers in the engineering and traffic investigations that justified the need to alter the speed through these areas,” said Rhonda Oaks, public information officer for the Lufkin District. “These lower speed limits will further enhance the safety of these highly traveled roadways.”
As new signs are placed, motorists are urged to be alert and aware of the reduced speed limits. The new speed limits are enforceable once signs are set.
For statewide road closures and conditions, visit drivetexas.org. For more information, contact Rhonda.Oaks@txdot.gov or (936) 633-4395.
January 22, 2019 - Alert: TxDOT Crews will be pre-treating bridges in the nine-county Lufkin District today ahead of possible freezing rain early Wednesday morning. Motorists should stay alert and respect the moving work zone as trucks move through each area. Reduce speed and drive to weather conditions. The brine mixture that crews will apply is designed to keep water from freezing on the roadway as quickly as it would without the application, but motorists should always stay alert and watch for icy patches, especially in rural areas.
January 18, 2019 - In December 2018, two grand juries, both impaneled by the 123rd Judicial District Court of Shelby County, returned 84 true bills of indictment.
On December 13, 2018, and December 17, 2018, in the 123rd Judicial District Court, Honorable Judge LeAnn Rafferty presiding, the Shelby County District Attorney Stephen Shires disposed of 14 cases. This included State v. Evans, Cause Number 18CR20582, where the defendant received 3 years in the Texas Department of Corrections Criminal Justice Institutional Division for the charge of Escape. Also resolved was State v. Smith, Cause Number 16CR19718, where defendant was required to complete sex offender probation, and will be under lifetime sex offender registration requirements. Numerous other cases, in addition to the ones that were disposed, were called for various pretrial purposes.
On December 20, 2018, Defendant Curvie Brinson was sentenced to twenty (20) years incarceration in the Texas Department of Corrections Criminal Justice Institutional Division by the Honorable Judge LeAnn Rafferty of the 123rd Judicial District Court of Shelby County. This followed a jury trial conducted by District Attorney Stephen Shires on December 10, 2018, where the defendant was found guilty of the criminal offense of Possession of a Controlled Substance by a Shelby County Jury.
On December 21, 2018, Defendant Luis Ruiz was sentenced to three terms of confinement for 24 months each in the Texas Department of Corrections Criminal Justice State Jail Division by the Honorable Judge LeAnn Rafferty of the 123rd Judicial District Court. This followed a bench trial conducted by District Attorney Stephen Shires on the same day where the defendant was found guilty of three counts of the criminal offense of Failure to Comply with Sex Offender Registration Requirements. Twenty–four months was the maximum sentence for which the defendant could be sentenced.
On January 8, 2019, the Shelby County Grand Jury for the 273rd Judicial Court was impaneled by the newly swornin Judge James A. Payne Jr. In an abbreviated setting, the grand jury returned 23 true bills of indictment.
On January 17, 2019, in the 273rd Judicial District Court, Honorable Judge James A. Payne, Jr. presiding, the Shelby County District Attorney Stephen Shires disposed of 14 cases. This included State v. Lee, Cause Number 18CR20657, where the defendant received 6 years in the Texas Department of Corrections Criminal Justice Institutional Division for the charge of Delivery of a Controlled Substance. In State v. Wuyts, Cause Numbers 18CR20735, 19CR21009, 19CR21010, the defendant received 2 years in each case in the Texas Department of Corrections Criminal Justice Institutional Division for drug charges and a forgery charge. Numerous other cases, in addition to the ones that were disposed, were called for various pretrial purposes.
January 18, 2019 - The DETCOG Regional Housing Authority has received inquiries from tenants and landlords who are concerned about the effect of the partial federal shutdown on the HUD Section 8 Housing Choice Voucher Program.
DETCOG received its regular monthly funding from HUD for Housing Assistance Payments and Administrative Fees for the month of January, and we have been advised that the funding is scheduled to be paid on time for the month of February.
The DETCOG Housing Program has not been affected by the shutdown so far and we do not anticipate any negative impact over the next six weeks. Our Housing staff is continuing to work every day at full strength to serve the tenants and landlords who participate in this program throughout Deep East Texas.
It is our hope that the partial federal shutdown will conclude before the end of February. Should it linger on past then, we are hopeful that HUD will make alternative arrangements to ensure that funding for this program is continued without interruption.
The DETCOG Regional Housing Authority provides housing assistance to approximately 1,700 families in Angelina, Hardin, Houston, Jasper, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity and Tyler counties.
Sincerely,
Lonnie Hunt
DETCOG Executive Director
January 17, 2019 - The Shelby County Commissioners gave the go-ahead for the Shelby County Historical Commission (SCHC) to seek grant funding from the state for a renovation project of the Historic Courthouse Annex building.
Teddy Hopkins, SCHC Chairman, spoke on behalf of the commission and described the need for this project to move forward. He presented a recommendation and request from the SCHC to submit a grant application to the Texas Historical Commission Texas Preservation Trust Fund Grant (TPTF) program.
The request is to help pay for a master plan prepared by Architexas Consulting Firm of Dallas for a renovation of the 1913 Shelby County Historical Courthouse Annex building at a cost to the county of $50,000 with a 50% reimbursement from the TPTF
Hopkins said one thing which has always been agreed upon is for what the building should be used.
"It has always been the museum," said Hopkins. "There's some driving factors that prompted us to consider that."
The factors he outlined included the current location of the museum not being as visible or accessible, availability of parking, visitor accommodations, and the statement to the community which would be made by having the museum in that location.
He also spoke of the unity it would bring to all of the cities in Shelby County linked by their individual history and that of being a part of the same county.
"The Shelby County Historical Commission feels that our best opportunity for beginning restoration for the annex is to apply for the Texas [Historical Commission] Preservation Trust Fund program with THC," said Hopkins.
If approved, Hopkins says the grant will supplement expenses for a master plan at 50% up to $30,000 at a dollar to dollar match. Grants will be awarded in November and billing for the master plan will begin late December 2019 or early January 2020.
Judge Harbison encouraged the commissioners something needs to be done with the building. She explained the bones of the structure are in very good condition.
"I worked in the building in the 80s and it does need a lot of work, but the bones of the structure is there to build on," said Harbison. "It's my understanding that we really can't get or qualify for any grant funding at the Texas Historical Commission until we have this plan in place."
Judge Harbison also stated the plan will not put limitations on the acceptance of donations from elsewhere.
Comment was sought from members of the audience in reference to the proposed project.
Cindy Smith asked if the amount being requested is the maximum allowed and if it wasn't can the maximum be requested. Hopkins explained the amount being requested is that which the consultant and architect have suggested.
Judge Harbison also interjected the amount requested has to be what is adhered to, and even if there was money left over it would have to go back to the state, because the funds are meant to be used for a specific purpose.
Luciana Barr stated the museum is, "busting at the seems, I had someone speak to me yesterday about something they wanted to donate to the museum that was something that you would really want, we need more room."
Fannie Watson stated, "we don't want the history of Shelby County to become 'Once upon a time.'"
A motion carried to allow the SCHC to make the application for grant funding.
Following the approval of the SCHC project, the commissioners went into executive session at 9:54am to meet with legal representatives for the county, Flowers and Davis.
The meeting returned to open session at 10:25am. Shelby County Judge Allison Harbison explained the reason for the executive session had to do with the ongoing federal lawsuit involving Shelby County and the City of Tenaha.
"We have got a federal ruling from the judge to extend the monitoring for another 18 months, but there are a couple of housekeeping things we need to do in Commissioners' Court to comply with the ruling," said Judge Harbison.
A motion carried to adopt the impartial policing policy of provisions article 2.131 through 2.134 of the Texas Code of Criminal Procedure, section H.
Judge Harbison stated the policy says it has to do with the consent form for a search and mechanical recordings and equipment.
The commissioners then considered a resolution to oppose unfunded mandates made by the state.
"21% of [Shelby County's] budget is spent on unfunded mandates that is sent down from the state of Texas," said Judge Harbison. "So, every tax dollar that we get, 21 cents of that dollar goes for something the state tells us we have to do and we have no control over it."
She felt it important for tax payers to be aware that of every dollar the county receives, it's only getting 79 cents out of each dollar.
A motion carried to approve a resolution in opposition to unfunded mandates.
A draw request transmittal for GrantWorks was presented to the commissioners for $7,837.80. Judge Harbison explained the item is among the CDBG grant for the Sandhill Corporation.
"The money from the grant from the Texas Department of Agriculture will be sent to the county and the county has to disburse it to GrantWorks," said Judge Harbison.
A motion carried to approve the draw request transmittal for GrantWorks Invoice No. 1 in the amount of $7,837.50.
The meeting was adjourned at 10:31am.
Agenda items approved during the meeting: 1. Pay weekly expenses. 3-5. An executive session was held for the purpose of consulting with the law firm of Flowers and Davis. Upon returning from executive session a motion carried to adopt the impartial policing policy of provisions article 2.131 through 2.134 of the Texas Code of Criminal Procedure, section H. 6. SCHC request permission from Commissioners' Court to submit application for grant funding with the Texas Historical Commission for the Shelby County 1913 Historical Courthouse Annex Building. 7. Resolution in Opposition to Unfunded Mandates by the State. 8. Draw Request Transmittal for GrantWorks Invoice No. 1 in the amount of $7,837.50. 9. Adjourn at 10:31am.
January 17, 2019 - Emergency responders were dispatched to a four-vehicle pileup on SH 87 South in front of Shelbyville ISD on Wednesday morning, January 16, 2019.
According to a Department of Public Safety report, a white 2010 Jeep Wrangler was traveling north on SH 87 when it failed to control its speed and struck the rear of a black 2018 Jeep Cherokee which was stopped in a school zone. The black Jeep was propelled into the rear of a red 2015 Chevrolet Camaro which was forced into the rear of a red 2003 Ford Windstar van. The white Jeep received front end damage. The black Jeep received major rear end damage and only minor damage to its front. The Chevrolet Camaro and the Ford van only received minor damage.
The white Jeep was driven by a 16-year-old licensed driver with a 15-year-old passenger. The driver was charged with failure to control speed. The black Jeep was driven by Earlene Mitchell, 55 of Shelbyville, with one passenger, Dalton Mitchell. Both were transported to Nacogdoches Memorial Hospital by Allegiance EMS. The Chevrolet Camaro was driven by Daniel Graf, 59 of Hemphill and the Ford Windstar was driven by Lauren Jackson, 29 of Gary.
The crash was investigated by DPS State Trooper Keith Jones.
January 17, 2019 - On 01/10/2019, the Texas Commission on Environmental Quality required the Paxton public water system, 2100031 to issue a Boil Water Notice to inform customers, individuals, or employees that due to conditions which occurred recently in the public water system, the water from this public water system was required to be boiled prior to use for drinking water or human consumption purposes.
The public water system has taken the necessary corrective actions to restore the quality of the water distributed by this public water system used for drinking water or human consumption purposes and has provided TCEQ with laboratory test results that indicate that the water no longer requires boiling prior to use as of 01/17/2019.
If you have questions concerning this matter, you may contact Stacey Cransford at 936-572-0973
January 10, 2019 - Due to a water outage from a broken main the Texas Commission on Environmental Quality has required the Paxton public water system ID# 2100031 to notify all of the customers on the Jackson side that were without water on 01/10/2019 to boil their water prior to consumption (e.g., washing hands/face, brushing teeth, drinking, etc). Children, seniors, and persons with weakened immune systems are particularly vulnerable to harmful bacteria, and all customers should follow these directions).
To ensure destruction of all harmful bacteria and other microbes, water for drinking, cooking, and ice making should be boiled and cooled prior to use for drinking water or human consumption purposes. The water should be brought to a vigorous rolling boil and then boiled for two minutes.
In lieu of boiling, individuals may purchase bottled water or obtain water from some other suitable source for drinking water or human consumption purposes.
When it is no longer necessary to boil the water, the public water system officials will notify customers that the water is safe for drinking water or human consumption purposes.
Once the boil water notice is no longer in effect, the public water system will issue a notice to customers that rescinds the boil water notice in a manner similar to this notice.
Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
If you have questions concerning this matter, you may contact Stacey Cransford at 936-572-0973.
Pages
