A 33-year-old Hood County man was found not guilty on charges of racing and failure to stop and render aid in a January 2007 crash that killed Weatherford High School football standout Willie "B.B." Fielder.
A jury of seven men and five women earlier this week declined to convict Robert Ernest Wilkerson of Granbury on two charges stemming from the fatal crash.
"It was an unfortunate accident on an unfortunate stretch of road. It is very dangerous," said Shay Isham, Wilkerson’s attorney.
Fielder was killed while he was driving back to the high school one afternoon for track practice.
His car was broadsided by a pickup driven by Rodney Swindle, 49, of Weatherford.
Swindle and Wilkerson, who was driving a sedan, were accused of racing on South Main Street when the wreck occurred. Wilkerson and Swindle reached a bottleneck where South Main narrows to one lane.
Wilkerson pulled ahead of Swindle. Fielder turned left onto South Main from Cleburne Avenue when Swindle’s pickup struck the driver’s side door.
Fielder died two days later at a Fort Worth hospital. He was a popular student at Weatherford High, where as a senior he had been named offensive MVP for District 4-5A and was the school’s 2006 homecoming king.
In July, Swindle pleaded guilty to a charge of racing that caused a death and was sentenced to six months in jail and to 10 years of probation, a $2,000 fine and 300 hours of community service.
Dangerous roadway
Isham said jurors agreed that there was insufficient evidence to support the prosecution’s arguments that Wilkerson was racing and that he failed to stop and render aid.
Isham said his client was trying to merge on South Main, not drag racing. "Anyone could be in jail on that broad definition," Isham said of the racing law.
"I was never really concerned that the jury would find him guilty of racing. It’s a fairly new statute and doesn’t have much case law behind it," he said.
Isham said he was more concerned about the charge of failure to render aid.
In a videotaped statement made several days after the accident, Wilkerson told police he did not stop to render aid, Isham said. Wilkerson said he had passed Swindle and that he heard the crash but did not see it, the attorney said.
Wilkerson was also worried about a confrontation with Swindle and that it might hinder emergency crews.
Isham said he chose to have his client testify — a rare move when defending someone — but his client wanted to take the stand.
"My client was adamant about wanting to testify. This has been such a difficult, emotional, tragic scenario for everyone," Isham said.
First racing case
Assistant Parker County District Attorney Jeff Swain said the case was the first to be tried in Parker County under the new racing statute.
Swain said that investigators looked at a "black box" on Swindle’s pickup that showed his speed to be between 50 and 62 miles per hour five seconds before the crash.
"We tied Mr. Wilkerson’s speed to Swindle’s. That was one of the difficult places where jurors had difficulty making that transition. They couldn’t tie Mr. Wilkerson’s actions to Mr. Swindle’s," Swain said.
The prosecutor said he used the argument that two people were not racing, but that drivers want to pass other cars when merging. "Jurors felt [the racing argument] was overly broad," Swain said.
The district attorney’s office plans to approach lawmakers with more specific language regarding the racing statute, Swain said.
Swain also said attorneys want to meet with Weatherford officials to discuss the dangerous intersection of South Main, also known as Texas 51, and Cleburne Avenue.
"Having that situation leads to tragedy no matter who gets convicted," he said.
Saturday, October 31, 2009
Friday, October 30, 2009
Two High School Students Killed in Car Wreck
Lockhart High School students killed in collision
A three-vehicle crash on Texas 21 near U.S. 183 on Wednesday night killed two Lockhart High School girls and injured a third, Mustang Ridge police and Department of Public Safety officials said today.
Cousins Bernice Castelan, 17, of Lockhart, and Zared Castelan, 16, of Dale, died when an 18-wheeler jackknifed and struck their car and another van about 6:45 p.m., Mustang Ridge Police Sgt. J. Bennett said Friday.
Bernice’s sister Deimie Castelan, 17, of Lockhart, was taken to University Medical Center Brackenridge in critical condition but was reported to be in fair condition this afternoon, officials said.
The driver of the Volvo tractor trailer, Francisco Ponce, 42 of Laredo, was treated for minor injuries at Brackenridge and released. Patty Patrick, 56, of Cibolo, the driver of the van, was treated for injuries and released, Bennett said.
Bennett said wet conditions might have been aided in the crash. No charges have been filed, he said.
An accident reconstruction team from the Department of Public Safety is assisting Bennett in the investigation, he said.
Counselors were available at the school today for grief counseling, a school official said.
A three-vehicle crash on Texas 21 near U.S. 183 on Wednesday night killed two Lockhart High School girls and injured a third, Mustang Ridge police and Department of Public Safety officials said today.
Cousins Bernice Castelan, 17, of Lockhart, and Zared Castelan, 16, of Dale, died when an 18-wheeler jackknifed and struck their car and another van about 6:45 p.m., Mustang Ridge Police Sgt. J. Bennett said Friday.
Bernice’s sister Deimie Castelan, 17, of Lockhart, was taken to University Medical Center Brackenridge in critical condition but was reported to be in fair condition this afternoon, officials said.
The driver of the Volvo tractor trailer, Francisco Ponce, 42 of Laredo, was treated for minor injuries at Brackenridge and released. Patty Patrick, 56, of Cibolo, the driver of the van, was treated for injuries and released, Bennett said.
Bennett said wet conditions might have been aided in the crash. No charges have been filed, he said.
An accident reconstruction team from the Department of Public Safety is assisting Bennett in the investigation, he said.
Counselors were available at the school today for grief counseling, a school official said.
Thursday, October 29, 2009
Former Aledo Bus Driver Arrested
FORT WORTH — Azle police arrested a former Aledo school bus driver who is accused of indecency with a child involving a 15-year-old Aledo High School girl who was a regular on his route, authorities said.
Eugene Taylor, 59, was arrested this morning at his Fort Worth home, Azle Police Chief Steve Myers said. Investigators were waiting for the suspect, and when Taylor arrived and saw them, he attempted to flee, the chief said.
Taylor was employed as a driver by Dallas County Schools, an intermediate education agency that provides various transportation services to nine school districts in Dallas County, and Aledo. The company is not affiliated with Dallas County nor Dallas Independent School District, according to its Web site.
The incident occurred Oct. 9 while Aledo was in Azle for a football game, authorities said.
Myers said Taylor was a regular route school bus driver, and that is how he knew the victim.
The night of the incident, Taylor was driving a truck that was moving band equipment from Aledo High School to Azle High, Myers said.
"He (the suspect) became aware that the victim wanted to go to the game and didn’t have a ride," Myers said. "He approached her and told her that he could give her a ride to the game because he was driving to the game."
Myers said the suspect made advances toward the girl and had physical contact with her inside the vehicle shortly after they arrived at Azle High School.
Taylor faces a charge of indecency with a child, which is a second-degree felony punishable by two to 10 years in prison and/or a fine not to exceed $10,000. He is being held at the Azle jail on $75,000 bond.
Azle police are investigating the case because it occurred in their jurisdiction.
Taylor has a previous arrest for assault with intent to murder out of Bexar County, police said.
Eugene Taylor, 59, was arrested this morning at his Fort Worth home, Azle Police Chief Steve Myers said. Investigators were waiting for the suspect, and when Taylor arrived and saw them, he attempted to flee, the chief said.
Taylor was employed as a driver by Dallas County Schools, an intermediate education agency that provides various transportation services to nine school districts in Dallas County, and Aledo. The company is not affiliated with Dallas County nor Dallas Independent School District, according to its Web site.
The incident occurred Oct. 9 while Aledo was in Azle for a football game, authorities said.
Myers said Taylor was a regular route school bus driver, and that is how he knew the victim.
The night of the incident, Taylor was driving a truck that was moving band equipment from Aledo High School to Azle High, Myers said.
"He (the suspect) became aware that the victim wanted to go to the game and didn’t have a ride," Myers said. "He approached her and told her that he could give her a ride to the game because he was driving to the game."
Myers said the suspect made advances toward the girl and had physical contact with her inside the vehicle shortly after they arrived at Azle High School.
Taylor faces a charge of indecency with a child, which is a second-degree felony punishable by two to 10 years in prison and/or a fine not to exceed $10,000. He is being held at the Azle jail on $75,000 bond.
Azle police are investigating the case because it occurred in their jurisdiction.
Taylor has a previous arrest for assault with intent to murder out of Bexar County, police said.
Pedestrian Killed in Car Wreck Austin Fatality
A man was struck by a car and killed while attempting to cross the frontage road of U.S. 183 east of Interstate 35 about 10:30 p.m. Wednesday, Austin police said.
The man was in the 1100 block of the eastbound frontage road between Providence and Blessing avenues, according to police. He was pronounced dead at the scene.
No other details were immediately available. It was Austin’s 53rd traffic fatality of 2009.
The man was in the 1100 block of the eastbound frontage road between Providence and Blessing avenues, according to police. He was pronounced dead at the scene.
No other details were immediately available. It was Austin’s 53rd traffic fatality of 2009.
Two Killed Houston Allen Parkway Wreck
Two adults died this morning when their SUV slammed into a large tree on Allen Parkway after the driver apparently lost control, police said.
Around 8 a.m., a driver in a black Suburban heading west in the 2000 block of the parkway just west of downtown Houston skidded across the median, oncoming lanes and another median before the vehicle slammed into a tree, which was uprooted, said Houston police Lt. L.J. Satterwhite.
The two people inside were dead at the scene inside the mangled SUV, which ended up along the service road that runs along the south side of Allen Parkway.
Satterwhite said investigators are looking at possible causes, including excessive speed and rain-slicked pavement.
No other information about the victims or the wreck was immediately available.
Around 8 a.m., a driver in a black Suburban heading west in the 2000 block of the parkway just west of downtown Houston skidded across the median, oncoming lanes and another median before the vehicle slammed into a tree, which was uprooted, said Houston police Lt. L.J. Satterwhite.
The two people inside were dead at the scene inside the mangled SUV, which ended up along the service road that runs along the south side of Allen Parkway.
Satterwhite said investigators are looking at possible causes, including excessive speed and rain-slicked pavement.
No other information about the victims or the wreck was immediately available.
Monday, October 26, 2009
Crash on 183 Kills One
Man killed in Sunday morning wreck identified
Austin police have identified a man who died Sunday morning in a crash at U.S. 183 and Lakeline Boulevard as Roel Castillo, 42.
Castillo was killed at about 7:30 a.m. when police say Michael Filius, 50, ran a red light at the intersection and struck Castillo’s vehicle. Castillo died at the scene, police said.
Intoxication manslaughter charges are pending against Filius, police say.
Austin police have identified a man who died Sunday morning in a crash at U.S. 183 and Lakeline Boulevard as Roel Castillo, 42.
Castillo was killed at about 7:30 a.m. when police say Michael Filius, 50, ran a red light at the intersection and struck Castillo’s vehicle. Castillo died at the scene, police said.
Intoxication manslaughter charges are pending against Filius, police say.
86 year old Dies in Fort Worth Wreck
An 86-year-old Fort Worth man has died from injuries he received in a wreck about 7:30 p.m. Sunday in southwest Fort Worth, according to reports.
Lowell Oesterborg of Fort Worth was identified by the Tarrant County medical examiner's office. The location of the wreck was in the 5900 block of Granbury Road.
The "other party involved" was an unlicensed driver, said Sgt. Pedro Criado, police spokesman, but no other information was available late Monday morning.
Oesterborg was taken to Health Harris Methodist Hospital Fort Worth where he was pronounced dead in the emergency room, according to the medical examiner's office.
Public records indicate that Oesterborg's home was about a mile and a half southeast of where the wreck happened.
Lowell Oesterborg of Fort Worth was identified by the Tarrant County medical examiner's office. The location of the wreck was in the 5900 block of Granbury Road.
The "other party involved" was an unlicensed driver, said Sgt. Pedro Criado, police spokesman, but no other information was available late Monday morning.
Oesterborg was taken to Health Harris Methodist Hospital Fort Worth where he was pronounced dead in the emergency room, according to the medical examiner's office.
Public records indicate that Oesterborg's home was about a mile and a half southeast of where the wreck happened.
Friday, October 23, 2009
Boy Scout Volunteer Accused of Sexual Relationship with Teen
FORT WORTH — Police are investigating a complaint filed by the parents of a 16-year-old Boy Scout that a 33-year-old woman who volunteers with the organization had a sexual relationship with the boy, a police spokesman said Thursday.
Courtney Lynn Sheward of Fort Worth was arrested on an outstanding warrant about 11 a.m. Wednesday near her home in north Fort Worth, according to a police report. She remained in the Mansfield Jail on Thursday night with bail set at $25,000, a jail spokeswoman said.
The relationship was not forced, but having sex with a child under 17 is a felony, said Sgt. Chad Mahaffey, a police spokesman.
Sheward is the mother of a Scout and volunteers with a troop, he said.
The boy’s parents told police that they suspected their son was involved in a sexual relationship with an adult and filed a report Oct. 14, police records show.
Sheward, a Scout troop committee member, had her Scout membership revoked Monday, Dan Clifton, Longhorn Council CEO, said Thursday.
Scout troop committee members help with record-keeping, fundraising and other nonprogram aspects of scouting, Clifton said. Scoutmasters and assistant scoutmasters who work in the program should never work with youths one-on-one, Clifton said.
"We are deeply saddened for the families that are involved," Clifton said. "It’s really a challenge for them."
The police report indicated that a second boy might have been involved, but Mahaffey declined to confirm that.
Investigators are still conducting interviews, and anyone with information on this case, or any similar case, is asked to call the Fort Worth police crimes against children unit at 817-332-5036.
Courtney Lynn Sheward of Fort Worth was arrested on an outstanding warrant about 11 a.m. Wednesday near her home in north Fort Worth, according to a police report. She remained in the Mansfield Jail on Thursday night with bail set at $25,000, a jail spokeswoman said.
The relationship was not forced, but having sex with a child under 17 is a felony, said Sgt. Chad Mahaffey, a police spokesman.
Sheward is the mother of a Scout and volunteers with a troop, he said.
The boy’s parents told police that they suspected their son was involved in a sexual relationship with an adult and filed a report Oct. 14, police records show.
Sheward, a Scout troop committee member, had her Scout membership revoked Monday, Dan Clifton, Longhorn Council CEO, said Thursday.
Scout troop committee members help with record-keeping, fundraising and other nonprogram aspects of scouting, Clifton said. Scoutmasters and assistant scoutmasters who work in the program should never work with youths one-on-one, Clifton said.
"We are deeply saddened for the families that are involved," Clifton said. "It’s really a challenge for them."
The police report indicated that a second boy might have been involved, but Mahaffey declined to confirm that.
Investigators are still conducting interviews, and anyone with information on this case, or any similar case, is asked to call the Fort Worth police crimes against children unit at 817-332-5036.
Wednesday, October 14, 2009
Woman Killed Truck Wreck Fort Worth
A 69-year-old woman has died from injuries she received early Wednesday when her car collided with a truck in north Fort Worth, police said.
The woman's name was not available at noon because authorities were awaiting confirmation that her family had been notified
The wreck happened 6:30 a.m. at the intersection of Crawford Farms Drive and Golden Triangle Boulevard.
Police said the woman was southbound on Crawford Farms Drive in a four-door Toyota as she approached the intersection.
Meanwhile, a "full-size Chevy truck" was westbound on Golden Triangle Boulevard, Sgt. Pedro Criado said in a news release.
The woman, Criado said, "failed to yield the right of way prior to entering the intersection."
Her car was hit by the truck on the driver side, Criado said.
"The collision caused her vehicle to spin and (it) continued traveling in a northeast direction for approximately 300 yards across a vacant field," Criado said.
Then the car smashed into a group of mailboxes, Criado said.
The woman was taken by ambulance to Texas Health Harris Methodist Hospital Fort Worth, but she was pronounced dead a short time later, Criado said.
The driver of the truck was not hurt, he said.
No other information was immediately available at noon.
The woman's name was not available at noon because authorities were awaiting confirmation that her family had been notified
The wreck happened 6:30 a.m. at the intersection of Crawford Farms Drive and Golden Triangle Boulevard.
Police said the woman was southbound on Crawford Farms Drive in a four-door Toyota as she approached the intersection.
Meanwhile, a "full-size Chevy truck" was westbound on Golden Triangle Boulevard, Sgt. Pedro Criado said in a news release.
The woman, Criado said, "failed to yield the right of way prior to entering the intersection."
Her car was hit by the truck on the driver side, Criado said.
"The collision caused her vehicle to spin and (it) continued traveling in a northeast direction for approximately 300 yards across a vacant field," Criado said.
Then the car smashed into a group of mailboxes, Criado said.
The woman was taken by ambulance to Texas Health Harris Methodist Hospital Fort Worth, but she was pronounced dead a short time later, Criado said.
The driver of the truck was not hurt, he said.
No other information was immediately available at noon.
Monday, October 12, 2009
Fort Worth Accident Kills One
FORT WORTH - A 21-year-old Fort Worth man died early this morning in a single-vehicle rollover wreck in northwest Fort Worth.
An off-duty officer passing near the area about 2:15 a.m. spotted the wrecked Chrysler car and alerted police. Inside, officers found the body of Jesse Garcia.
Sgt. Cynthia Blake, supervisor of the traffic investigation unit, said it appears Garcia had been traveling too fast while exiting N.W. Loop 820 onto Marine Creek Parkway. She said the Chrysler apparently swerved off the exit ramp and began to roll, landing upright in a concrete drainage culvert.
Blake said firefighters had to extricate Garcia's body from the car. He was pronounced dead at the scene at 2:37 a.m., according to the Tarrant County medical examiner's office.
An off-duty officer passing near the area about 2:15 a.m. spotted the wrecked Chrysler car and alerted police. Inside, officers found the body of Jesse Garcia.
Sgt. Cynthia Blake, supervisor of the traffic investigation unit, said it appears Garcia had been traveling too fast while exiting N.W. Loop 820 onto Marine Creek Parkway. She said the Chrysler apparently swerved off the exit ramp and began to roll, landing upright in a concrete drainage culvert.
Blake said firefighters had to extricate Garcia's body from the car. He was pronounced dead at the scene at 2:37 a.m., according to the Tarrant County medical examiner's office.
Sunday, October 11, 2009
Perry's Campaign setback by Errors
AUSTIN — What should be Gov. Rick Perry's time to shine and shore up support for an unprecedented third term has turned lately into a series of missteps and accidents that are rare for such an experienced politician.
Whether they are coincidences, a show of uncharacteristic sloppiness by the Perry campaign or spin from the opposition, they seem to have given at least a temporary boost to Kay Bailey Hutchison, whose aides note every Perry setback.
"It's like when it rains it pours," said Bill Miller, a consultant who works for neither candidate but whose company's political arm has contributed to Perry. He called Perry's recent problems a "plague of bad incidents" but said they don't signal a breakdown in Perry's usually disciplined campaign. "It kind of raises questions, and, really, the beneficiary is always the opponent."
Last month, Hutchison staffers videotaped the governor appearing to question whether Texas is in a recession. Perry says the quip, designed to get a laugh from a crowd of suburban Houston business leaders, was taken out of context when the Hutchison camp circulated it on YouTube.
Two weeks ago, his big campaign Web announcement fell prey to a technology meltdown, and many supporters couldn't tune in to watch; the Perry campaign says it was the work of a politically motivated computer hacker and the FBI is investigating.
And Perry's apparent attempts to keep his appointees in line during the campaign has been seen as heavy-handed. Perry drew criticism for replacing university regents who supported Hutchison and for replacing members of a forensic science commission who were about to examine evidence that suggests Texas may have executed an innocent man on Perry's watch.
In a glaring slap at Perry, the Texas Farm Bureau last week toured the state with Hutchison endorsing her and chiding Perry, the former agriculture commissioner, for his Trans-Texas Corridor toll road network and for failing to protect property rights.
Perry's campaign denies he's lost any ground.
"If this is a football game, 32-1 would be a blowout," said Perry spokesman Mark Miner, referring to Perry's endorsements from business groups and social conservatives.
Miner said Hutchison had disappointing months in the spring and summer when she didn't offer "one new policy initiative." Now, he said, "you have a campaign, the senator's campaign, demonstrating that they'll do anything at any cost to try to win the election."
Hutchison's campaign said the governor has only himself to blame.
"I think he is an unbelievably arrogant person. And when you are as arrogant as Rick Perry is, you are prone to say and do very flippant things," said Hutchison campaign manager Terry Sullivan. "Now they're being held accountable for what they say and what they do."
At least in public, Perry doesn't appear to let a setback get him down for long. He is known to sometimes chew out an aide over a mistake, but he also gives pep talks to staffers and says he views the race as a lengthy process that will turn his way in the end.
Perry has never lost an election since he first ran for the Legislature in 1984. As lieutenant governor, he ascended to the governor's office when Gov. George W. Bush was elected president in 2000. He was re-elected in 2002 and 2006, but captured only 39 percent of the vote in the most recent, four-way race.
He has been known for occasional verbal gaffes. He was ridiculed nationally for suggesting that Texans might get so fed up they might want to secede from the union and once tried to paraphrase a vulgar expression after a radio interview, saying "Adios, mo' fo.'"
The Texas Farm Bureau endorsement of Hutchison was a blow that Perry likely long knew was coming. He and the organization have had their disagreements before, dating back to when the farm bureau endorsed Democrat John Sharp over Perry for lieutenant governor in 1998. But the group backed Perry for governor in 2002 and 2006.
The 421,000-member bureau had criticized Perry since his veto of a 2007 eminent domain bill the bureau wanted signed into law.
Perry might have had a chance to win the farmers back, but more eminent domain legislation the bureau wanted died in the Legislature's spring session and Perry didn't include it in a summer special session as the bureau wanted, said Farm Bureau legislative director Steve Pringle.
"If the governor had put the issue of eminent domain on the call of the special session this summer, it would have made our endorsement process a lot more complicated," Pringle said.
The Perry campaign didn't take the blow lightly. It suggested the Texas Farm Bureau backed Hutchison because she voted a year ago for a federal bailout of the financial and insurance industry. The farm bureau, which has a business arm that offers insurance to members, did not receive any bailout money.
To farm bureau officials, that remark just widened the schism between them and the governor.
"We feel like our members will be interested in this race," Pringle said.
Miner said the governor's endorsements from industry groups like the Texas Association of Realtors and social conservatives give him support from likely primary voters and their activist networks. Perry's confidence remains high, he said.
"We believe we continue to have the momentum," Miner said.
Whether they are coincidences, a show of uncharacteristic sloppiness by the Perry campaign or spin from the opposition, they seem to have given at least a temporary boost to Kay Bailey Hutchison, whose aides note every Perry setback.
"It's like when it rains it pours," said Bill Miller, a consultant who works for neither candidate but whose company's political arm has contributed to Perry. He called Perry's recent problems a "plague of bad incidents" but said they don't signal a breakdown in Perry's usually disciplined campaign. "It kind of raises questions, and, really, the beneficiary is always the opponent."
Last month, Hutchison staffers videotaped the governor appearing to question whether Texas is in a recession. Perry says the quip, designed to get a laugh from a crowd of suburban Houston business leaders, was taken out of context when the Hutchison camp circulated it on YouTube.
Two weeks ago, his big campaign Web announcement fell prey to a technology meltdown, and many supporters couldn't tune in to watch; the Perry campaign says it was the work of a politically motivated computer hacker and the FBI is investigating.
And Perry's apparent attempts to keep his appointees in line during the campaign has been seen as heavy-handed. Perry drew criticism for replacing university regents who supported Hutchison and for replacing members of a forensic science commission who were about to examine evidence that suggests Texas may have executed an innocent man on Perry's watch.
In a glaring slap at Perry, the Texas Farm Bureau last week toured the state with Hutchison endorsing her and chiding Perry, the former agriculture commissioner, for his Trans-Texas Corridor toll road network and for failing to protect property rights.
Perry's campaign denies he's lost any ground.
"If this is a football game, 32-1 would be a blowout," said Perry spokesman Mark Miner, referring to Perry's endorsements from business groups and social conservatives.
Miner said Hutchison had disappointing months in the spring and summer when she didn't offer "one new policy initiative." Now, he said, "you have a campaign, the senator's campaign, demonstrating that they'll do anything at any cost to try to win the election."
Hutchison's campaign said the governor has only himself to blame.
"I think he is an unbelievably arrogant person. And when you are as arrogant as Rick Perry is, you are prone to say and do very flippant things," said Hutchison campaign manager Terry Sullivan. "Now they're being held accountable for what they say and what they do."
At least in public, Perry doesn't appear to let a setback get him down for long. He is known to sometimes chew out an aide over a mistake, but he also gives pep talks to staffers and says he views the race as a lengthy process that will turn his way in the end.
Perry has never lost an election since he first ran for the Legislature in 1984. As lieutenant governor, he ascended to the governor's office when Gov. George W. Bush was elected president in 2000. He was re-elected in 2002 and 2006, but captured only 39 percent of the vote in the most recent, four-way race.
He has been known for occasional verbal gaffes. He was ridiculed nationally for suggesting that Texans might get so fed up they might want to secede from the union and once tried to paraphrase a vulgar expression after a radio interview, saying "Adios, mo' fo.'"
The Texas Farm Bureau endorsement of Hutchison was a blow that Perry likely long knew was coming. He and the organization have had their disagreements before, dating back to when the farm bureau endorsed Democrat John Sharp over Perry for lieutenant governor in 1998. But the group backed Perry for governor in 2002 and 2006.
The 421,000-member bureau had criticized Perry since his veto of a 2007 eminent domain bill the bureau wanted signed into law.
Perry might have had a chance to win the farmers back, but more eminent domain legislation the bureau wanted died in the Legislature's spring session and Perry didn't include it in a summer special session as the bureau wanted, said Farm Bureau legislative director Steve Pringle.
"If the governor had put the issue of eminent domain on the call of the special session this summer, it would have made our endorsement process a lot more complicated," Pringle said.
The Perry campaign didn't take the blow lightly. It suggested the Texas Farm Bureau backed Hutchison because she voted a year ago for a federal bailout of the financial and insurance industry. The farm bureau, which has a business arm that offers insurance to members, did not receive any bailout money.
To farm bureau officials, that remark just widened the schism between them and the governor.
"We feel like our members will be interested in this race," Pringle said.
Miner said the governor's endorsements from industry groups like the Texas Association of Realtors and social conservatives give him support from likely primary voters and their activist networks. Perry's confidence remains high, he said.
"We believe we continue to have the momentum," Miner said.
In Election Season, Governer Perry Claims Public Records Should Not be Shown to the Public
AUSTIN, Texas — Gov. Rick Perry's office is refusing to release information about how it reviewed an attorney's attempt to stop an execution based on an arson expert's report, arguing that staff comments and analyses of the report aren't public records.
The Houston Chronicle reported Sunday that it tried unsuccessfully to obtain documents that might show whether Perry reviewed or if his staff discussed the report. It was faxed to the governor just 88 minutes before Cameron Todd Willingham was executed in February 2004.
The newspaper cited records it did obtain that showed Perry's office got the five-page faxed report at 4:52 p.m. on Feb. 17, 2004. The newspaper reported that it was unclear from the records whether Perry had read the arson report that day.
A statement from Perry spokesman Chris Cutrone, sent to the Chronicle late Friday, said that "given the brevity of (the) report and the general counsel's familiarity with all the other facts in the case, there was ample time for the general counsel to read and analyze the report and to brief the governor on its content."
Willingham, 36, was convicted of setting the fire that killed his three young children, 2-year-old Amber and 1-year-old twins Karmon and Kameron, on Dec. 23, 1991, in the family's Corsicana home.
Investigators with the Texas State Fire Marshal's Office ruled it an arson started by an accelerant. The report sent to Perry by Austin-based arson expert Gerald Hurst, who holds a doctorate in chemistry from Cambridge University, said investigators "made errors" and relied on discredited techniques.
Willingham's attorney, Walter M. Reaves Jr., first alerted Perry about the new arson analysis three days before the execution and requested more time to develop it.
"There is nothing more I would like than to be able to present you with evidence of actual innocence," Reaves wrote Perry, according to a document released to the Chronicle. "I think we are close ... The death penalty whether you agree with it or not, should be reserved for the most serious crimes. More importantly, it should be reserved for those crimes about which there is no doubt about the guilt of the person."
Reaves later got word that Perry would not stop the execution and Willingham went to his death, at 6:20 p.m., proclaiming his innocence.
Summaries of gubernatorial reviews of execution cases previously were released as public records in Texas, most recently under former Gov. George W. Bush.
The Houston Chronicle reported Sunday that it tried unsuccessfully to obtain documents that might show whether Perry reviewed or if his staff discussed the report. It was faxed to the governor just 88 minutes before Cameron Todd Willingham was executed in February 2004.
The newspaper cited records it did obtain that showed Perry's office got the five-page faxed report at 4:52 p.m. on Feb. 17, 2004. The newspaper reported that it was unclear from the records whether Perry had read the arson report that day.
A statement from Perry spokesman Chris Cutrone, sent to the Chronicle late Friday, said that "given the brevity of (the) report and the general counsel's familiarity with all the other facts in the case, there was ample time for the general counsel to read and analyze the report and to brief the governor on its content."
Willingham, 36, was convicted of setting the fire that killed his three young children, 2-year-old Amber and 1-year-old twins Karmon and Kameron, on Dec. 23, 1991, in the family's Corsicana home.
Investigators with the Texas State Fire Marshal's Office ruled it an arson started by an accelerant. The report sent to Perry by Austin-based arson expert Gerald Hurst, who holds a doctorate in chemistry from Cambridge University, said investigators "made errors" and relied on discredited techniques.
Willingham's attorney, Walter M. Reaves Jr., first alerted Perry about the new arson analysis three days before the execution and requested more time to develop it.
"There is nothing more I would like than to be able to present you with evidence of actual innocence," Reaves wrote Perry, according to a document released to the Chronicle. "I think we are close ... The death penalty whether you agree with it or not, should be reserved for the most serious crimes. More importantly, it should be reserved for those crimes about which there is no doubt about the guilt of the person."
Reaves later got word that Perry would not stop the execution and Willingham went to his death, at 6:20 p.m., proclaiming his innocence.
Summaries of gubernatorial reviews of execution cases previously were released as public records in Texas, most recently under former Gov. George W. Bush.
Friday, October 9, 2009
Train Derails in Cleburne Johnson County
CLEBURNE, Texas — A 100-car Burlington Northern Santa Fe coal train has derailed in a downtown Cleburne rail yard, spilling the train's cargo and closing the heavily traveled track.
Cleburne city spokesman Charlie Hodges says 44 of the coal-laden cars derailed about 6:45 a.m. Friday, dumping coal all over the railbed.
Spokesman Joe Faust of Fort Worth, Texas-based BNSF said no injuries nor hazardous spills resulted from the derailment. He has no immediate details on what caused the derailment.
Faust says the train was carrying coal from Wyoming's Powder River Basin coal fields to the W.A. Parish Power Plant at Smithers Lake in Fort Bend County, 25 miles southwest of Houston. The Texas Genco plant is a 3,000-megawatt, coal-fired plant that burns more than 11 million tons of coal per year.
Hodges says Amtrak, which uses the rail line, will move passengers around the derailment site by buses between Fort Worth and Temple.
Cleburne city spokesman Charlie Hodges says 44 of the coal-laden cars derailed about 6:45 a.m. Friday, dumping coal all over the railbed.
Spokesman Joe Faust of Fort Worth, Texas-based BNSF said no injuries nor hazardous spills resulted from the derailment. He has no immediate details on what caused the derailment.
Faust says the train was carrying coal from Wyoming's Powder River Basin coal fields to the W.A. Parish Power Plant at Smithers Lake in Fort Bend County, 25 miles southwest of Houston. The Texas Genco plant is a 3,000-megawatt, coal-fired plant that burns more than 11 million tons of coal per year.
Hodges says Amtrak, which uses the rail line, will move passengers around the derailment site by buses between Fort Worth and Temple.
Tuesday, October 6, 2009
Several Hurt in Car Wreck in Fort Worth
Five people, including a police officer, were hurt early Tuesday when a patrol car collided with a sport utility vehicle in east Fort Worth, according to reports.
The wreck was reported at about 2:50 a.m. in the 6700 block of Brentwood Stair Road, a police report stated.
Sgt. Pedro Criado, police spokesman, confirmed that a patrol car spun out on slick pavement and hit the SUV.
The officer in the patrol car was cut on the head and the four SUV passengers were taken to the hospital to be examined, but there were no life-threatening injuries, Criado said.
The wreck was reported at about 2:50 a.m. in the 6700 block of Brentwood Stair Road, a police report stated.
Sgt. Pedro Criado, police spokesman, confirmed that a patrol car spun out on slick pavement and hit the SUV.
The officer in the patrol car was cut on the head and the four SUV passengers were taken to the hospital to be examined, but there were no life-threatening injuries, Criado said.
Thursday, October 1, 2009
Truck Driver Dies after Wreck
A Lubbock-area truck driver has died from injuries he received in an early-morning collision with another big rig on Interstate 20 in southwest Parker County.
Pascual Rincones Cisneros Jr., 57, of Lorenzo, which is northeast of Lubbock, died Thursday morning at a Fort Worth hospital, said Trooper Gary Rozzell, spokesman for the Texas Department of Public Safety office in Mineral Wells.
The three-vehicle wreck was reported at 1:13 a.m. near mile marker 397, Rozzell said. The area is near the community of Brock and about six miles west of Weatherford.
A red passenger car driven by Lauren Vitale, 18, of Fort Worth was westbound on the service road of I-20, Rozzell said.
Meanwhile, he added, a 2002 Kenworth driven by Joshua Pottker, 31, also of Fort Worth, was westbound on the interstate.
Vitale drove onto the interstate, but not by taking the entrance ramp, Rozzell said.
Instead, she drove across the grassy area between the interstate and its service road, Rozzell said.
Pottker swerved to avoid the red car, but the car struck his right front tire, Rozzell said.
The Kenworth then entered the eastbound lanes, which put it in the path of the 2005 Freightliner driven by Cisneros, Rozzell said.
The Freightliner hit the trailer that was behind the Kenworth, Rozzell said.
"The Pottker vehicle turned on its side," Rozzell said, "but the Cisneros vehicle went through the trailer, cut it in two, and continued down Interstate 20, eastbound, for a short distance."
It came to rest, Rozzell said, "with massive front-end damage."
Pottker was taken to a Weatherford Regional Medical Center where he was treated and released, Rozzell said.
The red car spun out and came to a stop, but Vitale was unhurt, according to Rozzell.
He noted, however, that investigators did not immediately know why she entered I-20 by driving across the grass.
The investigation was continuing, Rozzell said
Pascual Rincones Cisneros Jr., 57, of Lorenzo, which is northeast of Lubbock, died Thursday morning at a Fort Worth hospital, said Trooper Gary Rozzell, spokesman for the Texas Department of Public Safety office in Mineral Wells.
The three-vehicle wreck was reported at 1:13 a.m. near mile marker 397, Rozzell said. The area is near the community of Brock and about six miles west of Weatherford.
A red passenger car driven by Lauren Vitale, 18, of Fort Worth was westbound on the service road of I-20, Rozzell said.
Meanwhile, he added, a 2002 Kenworth driven by Joshua Pottker, 31, also of Fort Worth, was westbound on the interstate.
Vitale drove onto the interstate, but not by taking the entrance ramp, Rozzell said.
Instead, she drove across the grassy area between the interstate and its service road, Rozzell said.
Pottker swerved to avoid the red car, but the car struck his right front tire, Rozzell said.
The Kenworth then entered the eastbound lanes, which put it in the path of the 2005 Freightliner driven by Cisneros, Rozzell said.
The Freightliner hit the trailer that was behind the Kenworth, Rozzell said.
"The Pottker vehicle turned on its side," Rozzell said, "but the Cisneros vehicle went through the trailer, cut it in two, and continued down Interstate 20, eastbound, for a short distance."
It came to rest, Rozzell said, "with massive front-end damage."
Pottker was taken to a Weatherford Regional Medical Center where he was treated and released, Rozzell said.
The red car spun out and came to a stop, but Vitale was unhurt, according to Rozzell.
He noted, however, that investigators did not immediately know why she entered I-20 by driving across the grass.
The investigation was continuing, Rozzell said
Big Rig 18 Wheeler Accident Parker County I 20 Injuries
Interstate 20 in southwest Parker County reopened at 7:45 a.m. Thursday following a collision several hours earlier between two tractor-trailer rigs, according to reports.
Two people were taken to John Peter Smith Hospital in Fort Worth, but their medical conditions were unavailable early Thursday.
The wreck was reported at 1:13 a.m. near mile marker 397, according to a preliminary report from the Texas Department of Public Safety highway patrol. The area is about six miles west of Weatherford.
A westbound truck was following a car that was exiting at mile marker 397 when the driver of the car suddenly decided to swerve back onto the interstate, according to the report.
The driver of the big rig swerved to avoid the car, but then it went into the eastbound lane, where it collided with another rig, the report stated.
The eastbound truck smashed into the trailer of westbound truck.
It took more than six hours to clear the wreckage.
Two people were taken to John Peter Smith Hospital in Fort Worth, but their medical conditions were unavailable early Thursday.
The wreck was reported at 1:13 a.m. near mile marker 397, according to a preliminary report from the Texas Department of Public Safety highway patrol. The area is about six miles west of Weatherford.
A westbound truck was following a car that was exiting at mile marker 397 when the driver of the car suddenly decided to swerve back onto the interstate, according to the report.
The driver of the big rig swerved to avoid the car, but then it went into the eastbound lane, where it collided with another rig, the report stated.
The eastbound truck smashed into the trailer of westbound truck.
It took more than six hours to clear the wreckage.
Fraud Around Town
Hundreds of people were defrauded out of $8 million by a man identified as living in Arlington and two others from Waxahachie, according to accusations by the U.S. Commodity Futures Trading Commission.
One of the men, who was reached for comment, said he did nothing wrong and was shocked to see his name in court documents.
On Wednesday, the commission obtained an emergency court order freezing assets held by M25 Investments, M37 Investments, Scott P. Kear Sr. and Jeffrey L. Lyon, all of Waxahachie; and David G. Seaman, who is listed as living in Arlington but said he lives elsewhere.
The defendants are accused of running a foreign currency trading scheme out of branch offices in Watauga,West Virginia and Mississippi.
Many of the companies’ 224 customers are elderly and knew one another through churches, according to the commission’s complaint.
As of March, the companies had $3.9 million in assets, not enough to make promised interest payments and return the $8 million in principal investments, according to the commission.
Despite the shortfall, the men are accused of soliciting another $140,000 in May from more than a dozen additional customers.
Seaman, who declined to say where he lives, is the chief operating officer.
Seaman said he has been wrongly accused and has done nothing improper.
He said that as of Wednesday morning, when he called his bank, his assets had not been frozen.
"I’m sure you know with all the [Bernard] Madoff stuff that happened, the regulators are on a witch hunt right now," he said, adding that Lyon and Kear will also contest the allegations.
"I’m not an owner. My title was really . . . kind of a jack-of-all-trades type of guy. I ran customer service and stuff from day to day," he said.
The purported scheme promised monthly returns of 2 percent and annual returns of 24 percent yet engaged in "speculative and risky trading," according to court documents.
The men are accused in court documents of issuing monthly account statements that showed 2 percent interest credits when they actually consistently lost customer funds in trading or didn’t use the money for trades at all. Company promotional material showed the growth of an initial investment of $100,000 to more than $11 million after 11 years, according to the complaint.
Though the commission filed a complaint against the companies Tuesday,the National Futures Association, a self-regulatory organization for the U.S. futures industry, brought a disciplinary action against the companies after an audit in April.
Sharon Pendleton, the association’s director of compliance, said the two companies had issued promissory note agreements to customers but were "unable to provide us with proof they had liquid assets to cover those notes."
"The total was $7.6 million for the two companies," Pendleton said. "They had combined assets . . . [of] about $3.9 million. So there was a shortfall."
In a report on its Web site, the association accused the companies of "operating a Ponzi scheme whereby they have obtained hundreds of loans from unsophisticated persons who are solicited, among other ways, at or through churches."
Lyon and Kear were named in the association’s report. Seaman was not.
The U.S. attorney’s office for the Northern District of Texas is providing local counsel for the case, a spokeswoman said.
One of the men, who was reached for comment, said he did nothing wrong and was shocked to see his name in court documents.
On Wednesday, the commission obtained an emergency court order freezing assets held by M25 Investments, M37 Investments, Scott P. Kear Sr. and Jeffrey L. Lyon, all of Waxahachie; and David G. Seaman, who is listed as living in Arlington but said he lives elsewhere.
The defendants are accused of running a foreign currency trading scheme out of branch offices in Watauga,West Virginia and Mississippi.
Many of the companies’ 224 customers are elderly and knew one another through churches, according to the commission’s complaint.
As of March, the companies had $3.9 million in assets, not enough to make promised interest payments and return the $8 million in principal investments, according to the commission.
Despite the shortfall, the men are accused of soliciting another $140,000 in May from more than a dozen additional customers.
Seaman, who declined to say where he lives, is the chief operating officer.
Seaman said he has been wrongly accused and has done nothing improper.
He said that as of Wednesday morning, when he called his bank, his assets had not been frozen.
"I’m sure you know with all the [Bernard] Madoff stuff that happened, the regulators are on a witch hunt right now," he said, adding that Lyon and Kear will also contest the allegations.
"I’m not an owner. My title was really . . . kind of a jack-of-all-trades type of guy. I ran customer service and stuff from day to day," he said.
The purported scheme promised monthly returns of 2 percent and annual returns of 24 percent yet engaged in "speculative and risky trading," according to court documents.
The men are accused in court documents of issuing monthly account statements that showed 2 percent interest credits when they actually consistently lost customer funds in trading or didn’t use the money for trades at all. Company promotional material showed the growth of an initial investment of $100,000 to more than $11 million after 11 years, according to the complaint.
Though the commission filed a complaint against the companies Tuesday,the National Futures Association, a self-regulatory organization for the U.S. futures industry, brought a disciplinary action against the companies after an audit in April.
Sharon Pendleton, the association’s director of compliance, said the two companies had issued promissory note agreements to customers but were "unable to provide us with proof they had liquid assets to cover those notes."
"The total was $7.6 million for the two companies," Pendleton said. "They had combined assets . . . [of] about $3.9 million. So there was a shortfall."
In a report on its Web site, the association accused the companies of "operating a Ponzi scheme whereby they have obtained hundreds of loans from unsophisticated persons who are solicited, among other ways, at or through churches."
Lyon and Kear were named in the association’s report. Seaman was not.
The U.S. attorney’s office for the Northern District of Texas is providing local counsel for the case, a spokeswoman said.
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