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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.
January 23, 2017 SHERMAN, Texas – The United States has filed a complaint intervening in an alleged kickback scheme in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
The United States filed a complaint today in partial intervention against East Texas Medical Center Regional Healthcare System, Inc., East Texas Medical Center Regional Health Services, Inc. (together, “ETMC”), Paramedics Plus, LLC, Emergency Medical Services Authority (“EMSA”), and EMSA’s President, Herbert Stephen Williamson (“Williamson”) alleging, among other things, violations of the False Claims Act and the Anti-Kickback Statute. A copy of the United States’ complaint can be found attached.
ETMC, one of East Texas’ largest health care systems, provides ambulance services outside of Texas through its for-profit subsidiary, Paramedics Plus. The United States’ complaint alleges that ETMC and Paramedics Plus entered into an illegal kickback scheme to obtain and retain a lucrative public ambulance services contract awarded by Williamson and EMSA, a public trust entity established under Oklahoma law. The United States alleges the defendants created a slush fund controlled by ETMC and Paramedics Plus that was used to pay over $20 million in kickbacks. The United States alleges the kickbacks and bribes ranged from cash payments (including at least $50,000 for Williamson’s personal benefit), political contributions, marketing expenses, and direct payments to EMSA’s contractors.
The lawsuit, United States ex rel. Dean v. Paramedics Plus, LLC, et al., 4:14-CV-203, was originally filed in 2014 in the U.S. District Court for the Eastern District of Texas by relator Stephen Dean. Dean was employed by Paramedics Plus as Chief Operating Officer overseeing the EMSA contract. Dean filed the action under the qui tam provisions of the False Claims Act, which permit private parties known as “relators” to sue on behalf of the United States and to receive a share of any recovery. Dean’s lawsuit includes allegations against additional defendants, including other municipal entities doing business with Paramedics Plus in California, Florida, and Indiana. The False Claims Act permits the Government to intervene in such a lawsuit, as it has done in a portion of Dean’s case.
“The law prohibits paying kickbacks, such as those alleged in this lawsuit, in order to gain access to Medicare and Medicaid funds,” said Acting U.S. Attorney Featherston. “Kickback schemes are anti-competitive, undermine the integrity of our nation’s health care programs, and wrongly prioritize profits over patient care.”
These matters were investigated by the U.S. Attorney’s Office for the Eastern District of Texas, the U.S. Department of Justice Civil Division’s Commercial Litigation Branch, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), and the states of California, Florida, Indiana, and Oklahoma.
Tips and complaints about potential fraud, waste, abuse, and mismanagement, including the conduct described in the United States’ complaint, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477) or to the United States Attorney’s Office for the Eastern District of Texas, at (972) 509-1201.
The claims asserted against the defendants are allegations only, and there has been no determination of liability.
January 21, 2017 - Tornado watch outline update for watch 16 NWS storm prediction center Norman Ok 340pm CST Sat Jan 21 2017 tornado watch 16 is in effect until 9pm cst for the following locations.
Texas counties included are Angelina Bowie Cass Gregg Harrison Marion Morris Nacogdoches Panola Rusk Sabine San Augustine Shelby
January 21, 2017 - San Augustine Street in Center south of the intersection with Southview Circle was the scene of a single-vehicle crash Friday, January 20, 2017.
Center Police Officers arrived at the scene just after 5pm and located a blue Dodge Nitro had collided with a utility pole, snapping it in half and sending debris flying into a nearby yard.
According to Center Police Sgt. Ricky King, the Nitro driven by Stephanie Nash, 34, of Center was southbound when, according to Nash, she saw a machete in the middle of the road and swerved to miss the blade. The Nitro swerved to the right and collided with the utility pole.
Nash was traveling with three female juveniles ages 12, 9, and 5. Nash and at least one of the passengers were transported to Nacogdoches Medical Center - Center Emergency Department.
The crash is under investigation.
January 20, 2017 - Deputies with the Shelby County Sheriff’s Office arrested a Buna woman recently on charges of aggravated assault with a deadly weapon and injury to the elderly after she shot another woman in the back of the head.
Shelby County Sheriff Willis Blackwell stated that Deputy Peter Davis was dispatched to the Nacogdoches Medical Center Emergency Room in Center January 11, 2017 at approximately 7:54 a.m. Upon arrival, Deputy Davis was informed that the subject was on scene with the victim. Deputy Davis made contact with the subject, who identified herself as Brenda Northern.
Northern asked Deputy Davis if he had spoken to the victim yet. Deputy Davis advised Northern he had not. At that point, Northern stated to Deputy Davis that he should go ahead and arrest her because she had shot the victim in the back of her head with a .22 caliber gun.
Deputy Davis advised Northern she would be detained and placed her in the back of his patrol vehicle.
Investigator Birdwell arrived on scene and went inside the hospital to speak with the victim. The victim identified herself as 77-year-old Adah Phillips of Center. Phillips told the officers that Northern had hit her in the back of the head with a gun and she believed Northern was trying to kill her.
During the investigation, a bullet was found to be lodged in the back of Phillips head.
Northern is being held at the Shelby County Sheriff’s Office on bonds totaling $14,000.
January 20, 2017 - U.S. Highway 96 South of Center was the scene of a two-vehicle collision just under three miles from Loop 500 Wednesday, January 18, 2017.
According to Texas Department of Public Safety State Trooper Jesse Fountain, a maroon 1994 Pontiac driven by Rodney Moore, 43, of Shelbyville was southbound on U.S. 96 and a white 2016 Ford pickup driven by Phillip Dean Ford, 47, of Center was northbound.
Ford stated the Pontiac started to hydroplane in front of him and into his lane of travel and sideswiped the right front passenger fender of the Ford. The Pontiac came to rest in the northbound ditch, facing east and the truck came to a halt facing north on the shoulder.
Moore and his passenger, Kenny Boyd were transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department for treatment and no injuries were reported of Moore and his passenger.
Moore was issued a citation for unsafe speed due to road and weather conditions.
January 19, 2017 - A plea hearing was held in the 273rd Judicial District Court, Judge Charles Mitchell presiding, on Thursday, January 19, 2017 for four cases against Bret Wayne Anderson, including criminally negligent homicide, state jail felony; aggravated assault with a deadly weapon, second degree felony; burglary of a building, state jail felony; and deadly conduct, third degree felony.
The case against Anderson for deadly conduct just was entered on information January 18, 2017 and alleges Anderson recklessly engaged in conduct that placed Kristen Cooley in imminent danger of serious bodily injury by discharging a firearm at or in the direction of Cooley.
The burglary of a building case was also entered on information on the same date and alleges on December 4, 2016 Anderson entered a building or portion of a building without the consent of Patricia Belrose, the owner, and attempted to commit or committed theft of a plastic bin full of misc. hand tools, water pumps, a ladder, container with brass, Radio Flyer wagon, mountain bike, old metal antique car wheel, child's bicycle, shovels, rakes, and a truck tire.
August 3, 2016 Anderson was indicted by grand jury and the indictment alleges on November 28, 2015 Anderson threatened Christopher Barton with imminent bodily injury by pointing a hand gun at Barton.
The most serious of charges against Anderson, criminally negligent homicide, was in regards to the August 30, 2014 shooting death of Taylor Keith Keele. The grand jury indictment was handed down March 25, 2015 and it alleges on August 30, 2014 Anderson caused the death of Taylor Keith Keele by discharging a firearm, striking Keele in the chest.
Anderson entered a plea of guilty to all four charges. The penalty for each charge then carried with it two years imprisonment; however, they all are to run concurrent, meaning the total time of imprisonment could, per the agreement, at the maximum be two years.
Taylor Keele's mother, Tirrie McDonald, was allowed a victim impact statement and through tearful eyes strongly addressed the court as well as Anderson.
"As you know, Taylor Keith Keele was my son that was murdered. I have prayed, and I have talked to God, and I would like to let you know judge that I do forgive this person for taking my precious baby from me. But, I do not forgive the sentencing I do not understand it, because there's more evidence there that no one wanted to look at that I gathered on myself, that I worked for a year getting together and gave to the D.A., which then was Ken Florence who told me we had a good case and then all of a sudden this man over here, I don't even know this man (Stephen Shires).
"If any of you ever have a child taken from you whether an accident or not and three different stories given as to how he killed my baby, I think that needs to be further investigated, but you've done made your deal and you've done signed it (Judge Mitchell). So I just hope you can live with that too, because I have to because my baby's gone. He was only 21, just starting his life, while the one who took his life gets to keep going on and I know you know (Judge Mitchell) he's got more things against him and I don't understand the justice system, but I forgive you for that too.
"I forgive y'all, the lawyers, the D.A.'s, you (Judge Mitchell). I forgive you (Bret Anderson) for killing Taylor, I did that a long time ago, but it won't bring my baby back and I don't think two years is enough time, because he is a danger to society. What other mother is gonna have to sit here in two-and-a-half years and do the same thing before y'all take him off the streets for good. I thank you for your time and God bless you all, and I pray you never have to have this feeling in your heart."
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January 19, 2017 - Rain has been pouring down on Shelby County for days causing wet roads and ideal conditions for crashes which have kept emergency responders busy.
Yesterday, January 18, 2017, a major crash occurred on US 59 a couple of miles outside of Tenaha around 4:30pm involving two vehicles and caused traffic delays for 5 o'clock travelers.
According to Texas Department of Public Safety State Trooper Sean Smith, a 2003 silver Chevrolet Malibu driven by Douglas Hooper, age 59, was traveling east on US 59 and a 2012 white Dodge Ram pickup was traveling west pulling a travel trailer. According to the driver of the pickup, Benjamin Alonzo, age 48, the Malibu began to spin and entered the westbound lanes where the two vehicles struck head-on.
The Malibu then spun again and struck a travel trailer before it came to rest in the eastbound lanes blocking the roadway. The Dodge pickup exited the roadway to the right and came to rest off the roadway.
Each vehicle had a passenger and both passengers along with both drivers were all transported to Nacogdoches Medical Center - Center Emergency Department by ACE EMS.
The Tenaha Volunteer Fire Department responded to the scene along with Tenaha City Marshal Jimmy Wagstaff and Deputy Marshal Darren Gray. US 59 traffic at times was completely blocked for all four lanes. The fire department negotiated the heavy amount of traffic through the crash scene taking turns between eastbound and westbound travelers.
January 19, 2017 - The Center Police Department received a call on January 19, 2017 at 3:29am, in reference to an unresponsive male subject on the sidewalk located at 735 Shelbyville St. Officers arrived at 3:33am, found the subject to be deceased from several stab wounds. A short time later officers were dispatched to a second victim located at 1111 Shelbyville St. Officers were able to identify the suspect who was arrested a short time later at 1111 Shelbyville St.
The deceased has been identified as 20-year-old male Yee Ka. The second victim identified as 25-year-old male Aung Naing, was transported to Nacogdoches Medical Center, and remains in stable condition.
The suspect was identified as 19-year-old male Ka Paw Htoo. The Suspect was arrested and charged with Murder (1st degree Felony) and Aggravated Assault with a Deadly Weapon (2nd degree Felony)
Submitted by Det. Bobby Walker III
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