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January 30, 2017 - State Highway 7 East was the scene of a three-vehicle crash at the intersection of CR 3156 on Monday, January 30, 2017.
Emergency personnel from ACE EMS were dispatched to the scene of the crash and there they were assisted by Shelby County Sheriff's Deputies, Center Fire Department and Joaquin Volunteer Fire Department in helping those involved in the crash.
Upon arrival one vehicle remain in the middle of the roadway bring traffic in both directions to a halt.
According to Texas Department of Public Safety State Trooper Jesse Fountain, at around 5:45pm a white 2015 Jeep Cherokee driven by Leslie Ann Head, 39, of Center was eastbound on State Highway 7 when she brought the vehicle to a stop and was preparing to make a left turn onto CR 3156.
As Head was waiting on a safe opportunity to turn, a silver 2009 Nissan Sentra driven by Shakimberly Patrice Hall, 24, of Houston failed to control speed and collided with the rear of the stopped Jeep. After being struck, the Jeep entered the westbound traffic lane and struck the side wheel of a blue 2016 Freightliner 18-wheeler driven by Donquel Moore, 22, of Augusta, Ga.
The Jeep came to rest facing west, the Nissan came to rest facing east and in the J&B Liquor store parking lot, and the Freightliner came to a halt in the eastbound shoulder.
Transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department for treatment were Hall and Head with her passengers a 16-year-old female and 7-year-old female.
Moore and his passenger Orain Vernon Jones, 39, of Newberry, Fl. were not reported to have received any injuries as a result of the crash.
Assisting with the investigation at the scene was Texas DPS State Trooper John Hallenbeck.
January 27, 2017 - Two vehicles collided with a horse on State Highway 87 North on Thursday, January 27 causing damage to both vehicles and proving fatal for the horse.
Shelby County Sheriff's Deputies were already en-route to the scene before the crashes occurred when it was reported there were horses on the roadway. When they arrived, that which they were seeking to prevent already had happened. Sheriff's Deputies Jeff Gogolewski and Ruth Gonzales marked the roadway at both ends of the scene and directed traffic during the Texas Department of Public Safety investigation.
According to Texas Department of Public Safety State Trooper Sean Smith, at around 7pm a 2013 Hyundai Sonata driven by Jennifer Tomkins, 25, of Center was southbound on SH 87 just under 2 1/2 miles north of Center when the Hyundai struck the horse which was in her lane, causing the Hyundai to travel to the right off the roadway and coming to rest in a ditch with major damage.
Fausto Tello, 44, of Center was traveling in a 2004 Ford Explorer behind Tomkins and was unable to avoid colliding with the horse which was still in the roadway. Tello was able to retain control of the vehicle and was able to pull off to the side.
Tomkins was transported by private vehicle to Nacogdoches Medical Center - Center Emergency Department for treatment.
Both vehicles were towed from the scene. The owner of the horse was not yet identified at the time of the crash.
January 27, 2017 - A motorist lost control of a vehicle causing a crash which came to rest in the roadway Thursday, January 26, 2017.
According to Texas Department of Public Safety State Trooper Sean Smith, at 5:35pm Angel Morales, 48, of Center was traveling north in a 1998 Ford Expedition when the vehicle had a mechanical failure causing the front left wheel to fall off. The Expedition traveled right, into the ditch, and then as Morales attempted to correct the vehicle it traveled back across the roadway skidding on its driver side.
The Expedition came to rest partially in the roadway. Morales was able to move the vehicle from the road to prevent further incident.
No injuries were reported as a result of the crash. Morales was issued a citation for expired driver's license.
January 26, 2017 - Hurst Street in Center was the scene of a two-vehicle crash Friday, January 20, 2017 in front of Walmart.
At around 7:30pm a black Dodge Ram pickup truck driven by Josh Campbell, 22, of Gary was preparing to exit from the Walmart parking lot crossing to Foster Street.
When Campbell entered Hurst Street he didn't see a tan GMC Yukon XL driven by Dayna Kolb, 41, of Martinsville that was traveling south and the Dodge collided with the right rear quarter panel of the Yukon. The collision caused Kolb to lose control and the Yukon to travel into a ditch on the west side of the roadway where it came to rest.
Hughes Wrecker Service was able to pull the Yukon back across the ditch and neither vehicle was towed from the scene.
No injuries were reported as a result of the crash and no citations were issued.
First to respond to the scene was Texas Game Warden Nathan Skeen. Center Police Officer Andrew Williams investigated the crash and he was assisted by Officer Steve Thornburgh.
January 26, 2017 - District Clerk Lori Oliver advises the Grand Jury summons recently mailed out for February 14, 2017 had an incorrect time of 12-midnight on the card. The time to report for Grand Jury is 8:30am. New cards with the correct time were mailed out today, January 26, 2017. Sincerest apologizes for any confusion.
January 26, 2017 - The West Shelby Volunteer Fire Department (WSVFD) fought a house fire on Thursday, January 26, 2017 14 miles outside of Center.
According to the West Shelby Volunteer Fire Department the house, owned by Melinda Williams, was located on State Highway 7 West in the Aiken Community.
When the firemen responded to the fire at 5:44am, the house was totally engulfed in flames. There was no electric or gas believed to be running to the house at the time of the fire.
Assisting the WSVFD in fighting the fire were the Martinsville, Shady Grove and Swift Volunteer Fire Departments. WSVFD returned to the station at 8:30am.
No one was living in the home when the fire occurred. The cause of the blaze remains under investigation at this time.
January 25, 2017 - On Monday, January 23, 2017, Justin Earl Bennett plead out to two charges in the 273rd Judicial District Court with Honorable Charles Mitchell judge presiding and who was represented in court by Attorney Rudy Velasquez.
Shelby County District Attorney Stephen Shires commented on the plea bargain deal, "Ultimately Mr. Bennett determined to take responsibility for his actions and I applaud him for that."
According to the plea agreements, Bennett received six years to be served in the Texas Department of Criminal Justice (TDCJ) Institutional Division for evading arrest with credit for time served which according to court documents is approximately 160 days.
He was indicted by the July Term A.D. 2015 grand jury for evading arrest with vehicle, a third degree felony. The indictment stated that in August of 2014 Bennett intentionally fled from Center Police Department Sgt. Ricky King while driving a vehicle. He was also indicted for evading arrest with previous conviction, a state jail felony. The indictment stated that prior to the aforementioned evading arrest indictment, in February 1998, Bennett was convicted of the offense of evading arrest.
The charge of evading arrest with previous conviction was dismissed as a condition of the plea agreement.
Bennett also received a two-year sentence to be served in the State Jail Division of TDCJ with credit for time served for possession of a controlled substance with intent to deliver.
He was indicted for delivery of a controlled substance in a drug free zone which enhanced the state jail felony to a third degree felony. The indictment stated in August 2014 he possessed less than one gram of cocaine within 1,000 feet of Center ISD Middle School.
The two separate sentences will be served consecutively, meaning once Bennett serves his time for Evading Arrest with a vehicle, he will then begin serving his time for the possession of a controlled substance with intent to deliver.
D.A. Shires wanted to comment concerning his views as District Attorney, "It hurts my heart to send anybody to prison because that is a waste of somebody's life. From the pragmatic standpoint it hurts my pocketbook to send somebody to prison because when we send somebody to prison, you and I and the tax payers, we have to feed them, we have to clothe them, we have to provide them a place to live, and most expensively we have to provide them with health care. So, from every aspect sending people to prison is not good business.
"On the other side of the coin, that's the only way, with some people, that's the only way to protect our citizens. And maybe they will learn their lesson and when they come out maybe they will be better people. That may be naive of me to think that way and I've said this a hundred times, as hard as I try to send somebody to prison, and again, I think when we look back at the end of this year we're going to see how many people I've sent to prison and I think it's probably going to be a relatively high number. As hard as I work to send people to prison, I'm gonna work twice as hard to help people to change their lives to where they don't go to prison because that is the ultimate goal, that's the better thing.
"If people will act right and take responsibility in their lives, especially, I hate sending people to prison that have young kids, I hate it. What I hope to be able to do is ultimately have these folks, have them be productive members of society, take the energy and the intelligence and the ingenuity that they often utilize in criminal episodes to use them in positive, in a positive fashion. And I've said this all along, my goal as the District Attorney is consistent with keeping the community safe, is to help people make better decisions, and to do right. But at the same time, all this stuff that has been going on here, people dealing drugs, and then people breaking into people's houses, breaking into people’s garages and out buildings and stealing stuff - that's gotta come to an end. It doesn't matter how much I may not want to dole punishment out to people, if they are gonna do that crap and they're not going to stop, then, we are going to send them off."
January 25, 2017 - Center Fire Department responded to a house fire at 4:19am on Tuesday, January 24, 2017 located at 2734 CR 1464. Upon arrival at the residence of Donald and Vicky Johnson, the fire on the double wide mobile home was fully involved.
The house was a total loss due to the fire.
At 8am the fire department was back in service.
The fire remains under investigation.
January 21, 2017 - (This article has been updated to include input from members of the community) - The Center City Council meeting on Monday, January 23, 2017 was well attended by concerned property owners from around the city.
Among the property owners attending were Roscoe McSwain, J.B. Raymond, James Raymond, Basil Slatter and Terry Bailey.
A main concern for these individuals was an ordinance amendment the council was considering in relation to individuals who may be shooting within a certain range of the Center city limits. A clarification made by Chad Nehring, Center City Manager, is this amendment is only pertaining to shooting across property lines within the designated distance and the suggestion Shelby County will not prosecute such cases.
Once the meeting came to order the minutes of the Monday, January 9, 2017 meeting were approved.
The agenda indicated the approval of, "Ordinance 2017-02 Regulating the discharge of firearms within and 5,000 feet of adjoining the city limits," which during discussion was reduced to 1,000 feet and was approved.
Mayor David Chadwick confirmed the amendment is already state law and he stated the point is the property line between neighbors.
"So, it does not prohibit you from firing a firearm, if your property is large enough that you would not be crossing a line," said Mayor Chadwick. Nehring Responded, "That's correct, that's my understanding of state law."
Chief Jim Albers shared his opinion and he was of the belief going out 100 yards (300 feet) would be sufficient and a reasonable distance for his officers to judge that someone should not shooting indiscriminately at that range. He also said 5,000 feet he would have an issue with.
Dr. Randy Collard, councilman, inquired if the city has the ability to regulate distances in proximity to just the parks.
Nehring stated, "You could establish whatever perimeter you want. The state law limits 5,000 feet from the existing city limits, which is where you have a variety of legal controls."
A motion by Howell Howard was seconded by Leigh Porterfield and it carried.
Resolution 2017- 04 in support of the Texas Forest Country Partnership SET Program was next to be approved by the council. Nehring explained this is a part of the regional groups with which the city of Center is involved.
Jim Gibson, Assistant City Manager, shared he and Jerry Lathan, councilman, have attended several meetings for the program and he described the SET program as being a regional economic development plan.
A motion carried to approve the resolution.
The council approved Resolution 2017- 05 TCDP #7214182 contract closure authorizing final payment and release of retainage.
Nehring stated this project was a continuous fight and it included most of the sidewalks on San Augustine Street, Austin Street, Shelbyille Street, and part of Cora Street.
"This is final payment, it's original budget, it's within the grant funds that were provided by the state and TDA. And this will close that contract and allow final payment," said Nehring.
Award of bid in the amount of $134,900 to Duplichain Contractors LLC for wastewater treatment plant bar screen improvements was approved.
Award of bids for utility operations chemicals including chlorine from Brenntag at .30 per pound and caustic from DPC at $1.82 per gallon were approved.
Council approved the authorization of contract and sole- source acquisition of utility chemicals.
A motion carried to postpone any planned appointments on the agenda until the next meeting.
Extensive discussion in regards to Ordinance 2017-02 was heard following the agenda items up for approval.
Roscoe McSwain, property owner and county commissioner, addressed the council because he stated there are already laws to enforce shooting incidents. He also feels the city is putting a hardship on those property owners within the range of their regulated distance and he said it effects himself, H.B. Sparks, L.D. Hibbard, Dr. Derek Grant, the Hughes family and Terry Bailey.
"That's my property and I pay my taxes, I should not have nobody out there enforcing a law about shooting a gun on it. The Chief hit the nail on the head, when he said 300 feet around that park, that's ideal because that's where our danger is and that's what we was concerned about. Nobody is debating that," said McSwain.
He said that taking the distance of 1,000 feet around the city limits and not just the park effects everyone that owns property around there and anyone's right's to hunt if someone complains to the Center Police Department.
"I'm not saying they're going to run out and mess with everybody, but we know how the public is about complaining about everything, and I think it's getting unconstitutional to infringe on my rights to shoot on my property outside the city limits," said McSwain.
Chief Albers said this amendment facilitates the city's ability to prosecute such cases in municipal court. Nehring agreed and explained it takes the prosecution out of the county attorney's hands and gives the municipal court that power.
Terry Bailey inquired if on his 500 acres just off Loop 500 which could theoretically be high fenced for him to hunt deer and at least portions of that property are within the 1,000 feet if someone could just call whenever he fires at a deer.
"So, every time it goes off I'm within 1,000 feet of the city, they can just make a phone call and then someone can just come on the property to investigate to see where we're at, or what's going on. I think y'all are opening a big can of worms here," said Bailey.
JB Raymond stated he had 400 acres guaranteed to be within the city limits, and Chief Albers indicated if no one is shooting over a roadway they don't have a problem. Howell Howard, councilman, stated there already are laws in place allowing law enforcement to check on activity when someone calls it in. Raymond asked for clarification on exactly what passing this amendment is doing if there already are laws in place.
"It allows it to be prosecuted in municipal court instead of in county court where it's been ignored," said Nehring.
A question came from the audience if anyone was prosecuted by the city or the county in the shooting incident from CR 1000 across from the softball complex.
"The D.A. wouldn't press felony charges and then county court just wouldn't do anything," said Nehring.
Another question from the audience inquired if the incident was against the law when it occurred and if it was not able to be prosecuted, then how would the city be able to handle the additional area they have adopted to include.
Basil Slatter inquired why if incidents such as the one in question are not prevalent is the city pursuing the amendment, "If this has never happened before, and we haven't proved that the guy was shooting at the officer or that the incident was going on and it's never happened before, why are we doing all this now?
Slatter suggested instead of adopting the blanket ordinance amendment, maybe the city and county need to have more cooperation.
Mayor Chadwick stated that would be what they really would like to have and if the county chose to monitor such situations more closely the city position could change.
James Raymond asked the council if they have reached out to the county as there were two county commissioners in the audience during the meeting, McSwain and Jimmy Lout. Mayor Chadwick stated the city's point of contact would have been Sheriff Willis Blackwell.
"Really what I think it boils down to is the city just needs a new mechanism to address, when something egregious occurs, we're not going to be surveilling for all that kind of stuff, but if something egregious occurs we need a mechanism in place to be able to try and address it," said Leigh Porterfield.
Michael Creel, the man implicated in the incident from which the ordinance amendment is said to have stemmed from, spoke to the council about the night of his arrest.
"I never shot in the direction I was accused of shooting at, never shot at police in my life," said Creel.
To him the timeline of events didn't make sense as he said it was 40 minutes from the time he was shooting until police arrived at his home.
"I didn't get arrested, or actually assaulted until about 40 minutes later," said Creel. McSwain asked for an explanation of his statement. "Assaulted on my front porch 40 minutes later, if they were taking shots, like they claim they were, bullets whizzing past their heads, one there'd be [impact points] there'd be shots dug up on the other side of the road."
Creel claimed he was shooting in a westerly direction and not a more northerly direction toward the softball fields or the officers. He stated the reason he was attending the meeting was he didn't want the public under the impression he was the reason for the new ordinance.
Mayor Chadwick stated no one was aware of the situation until it was brought to the council's attention
Center Police Chief Jim Albers said officers are only going to be responding to somebody who complains and says that they feel like a bullet was shot across the roadway toward them.
"In other words they've got a complaint and we would have to check into it, but I'm telling you in the eight years I've been here I've had this happen once so I'm not looking to that this is going to be a big issue. The officers that were out there that night at the ballpark said that they felt like the bullets were coming over there heads," said Albers.
Albers said his officers did call for backup on the night of Creel's arrest and with only two officers on duty it takes a while for backup to arrive.
Nehring said they are not going to sit there and litigate the issue and Mayor Chadwick stated it was moving in a level of discussion they would rather not go into. He said they would monitor how the amendment works and seek input.
Following discussion, the meeting was adjourned at 5:54pm.
January 23, 2017 - Do you like having the right to shoot your firearms outside of the city limits of Center? An amendment to an already existing city ordinance is seeking to take in almost a mile distance into the county in its range of regulation.
The actions of the council are likely in effort to protect the citizens of Center who may be minding their own business, in a park for example, and who aren't expecting to be ducking projectiles while they observe nature and get their exercise. According to the wording of the amendment, if it is passed, property owners within 5,000 feet (almost a mile) of the city limits of Center can be prohibited from discharging certain firearms other than shotguns and air guns, as the law allows.
The city of Center is a home rule city, and as such, the city is allowed to pass such a law.
In a recent meeting of the Center City Council, it was indicated this ordinance amendment is in relation to a shooting incident where a man who was shooting a firearm on his own property outside of the city limits near the Center Softball Complex was arrested.
It was reported this incident took place during a Center Police Department traffic stop of another individual; however, it has not been confirmed as of yet if the man was shooting in the direction of the officers.
The time has been updated: The Center City Council meeting will be held 5:00 tonight, Monday, January 23, 2017 at Center City Hall located on Tenaha Street.
Regulation of Discharge of Weapon
Local Government Code, Title 7. | Regulations of Land Use, Structures, Businesses, and Related Activities. | Subtitle A. Municipal Regulatory Authority. | Chapter 229. Miscellaneous Regulatory Authority of Municipalities. | Subchapter A. Regulation of Firearms, Knives, and Explosives.
Sec. 229.002. Regulation of Discharge of Weapon. A municipality may not apply a regulation relating to the discharge of firearms or other weapons in the extraterritorial jurisdiction of the municipality or in an area annexed by the municipality after September 1, 1981, if the firearm or other weapon is:
(1) a shotgun, air rifle or pistol, BB gun, or bow and arrow discharged:
(A) on a tract of land of 10 acres or more and more than 150 feet from a residence or occupied building located on another property; and
(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
(2) a center fire or rim fire rifle or pistol of any caliber discharged:
(A) on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and
(B) in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
Discharge of Firearms Across Property Line
Parks and Wildlife Code | Title 5. Wildlife and Plan Conservation | Subtitle B. Hunting and Fishing | Chapter 62. Provisions Generally Applicable to Hunting | Subchapter A. General Provisions
Sec. 62.0121. Discharge of Firearm Across Property Line.
(a) In this section, "firearm" has the meaning assigned by Section 62.014 (a).
(b) A person commits an offense if:
(1) the person, while hunting or engaging in recreational shooting, knowingly discharges a firearm; and
(2) the projectile from the firearm travels across a property line.
(c) It is a defense to prosecution under this section that the person:
(1) owns the property on both sides of each property line crossed by the projectile; or
(2) has a written agreement with any person who owns property on either side of each property line crossed by the projectile that allows the person to discharge a firearm on, over, or across the property or property line.
(d) The written agreement required under Subsection (c)(2) must:
(1) contain the name of the person allowed to hunt or engage in recreational shooting in a manner described by Subsection (b);
(2) identify the property on either side of the property line crossed by the projectile; and
(3) be signed by any person who owns the property on either side of the line crossed by the projectile.
(e) An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
(f) If conduct constituting an offense under this section constitutes an offense under a section of the Penal Code, the person may be prosecuted under either section or both sections.
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