The story headline links to a better view of the story and share features.
News
US 59 Update at 11:25am: US 59 North of Garrison has reopened to two-way traffic only as crews continue to clear a heavy truck crash. Motorists are being directed through one northbound and one southbound lane. Motorists should reduce speed and obey all traffic control.
US 59 Update: One southbound lane is open and moving slowly north of Garrison at the scene of a crash between two 18-wheelers. Motorists should prepare for delays, stay alert and reduce speed through this area.
October 27, 2020 - Alert: All lanes of US 59 North of Garrison are currently closed after two 18-wheelers collided. Fire is reported and emergency crews are on the scene. TxDOT will assist in traffic control once it is safe.
Motorists should prepare for delays. Time of clearance is not known at this time.
October 22, 2020 - Officers responded to Center Auto Repair in reference to a concerned citizen reporting that there was suspicious activity on the morning of October 17, 2020 around 5:50 am. The caller believed that two individuals may have been breaking into a vehicle on the property. Officers arrived and was unable to located any persons on the property but found a truck with the engine still running.
Corporal S. Thornburgh, while in route to assist his Officers observed a gold colored Ford F-250 backed up to the ATM machine located at 111 Selma Street (Shelby Savings Bank). Corporal Thornburgh made contact with an unknown individual to investigate the suspicious activity. The individual immediately began to run. After a brief foot pursuit, the suspect was taken into custody.
Corporal Thornburgh observed several tools that were used to break into the machine as well as a chain and tow hook attached to the rear of the truck. Corporal Thornburgh then contacted the Center Police Department's Street Crimes Division to respond and assist with the investigation.
Detective Sergeant R. King arrived to process the scene and interview suspects who were in custody. After lengthy interviews it was found that this attempted ATM theft was one of many that are well organized by a large group of individuals from the Houston area. This investigation is ongoing and there are several Felony Arrest Warrants pending. The agencies with proper jurisdiction are communicating and will continue to investigate.
(From left) Robert Washington, Jr. and Paul Benjamin Madison
Paul Benjamin Madison, 18, was arrested for Theft of Property (Felony 2), Theft of Property (State Jail Felony), and Evading Arrest (M-B}. Also arrested was Robert Washington Jr., 18, who was involved in the thefts. Both individuals were the suspects in the burglaries of motor vehicles in the city as well.
October 19, 2020 - Center Police Officers responded to a call on Austin Street in Center at a business near Shelby Savings Bank on Sunday, October 18, 2020.
At the scene it appeared a delivery van belonging to the business was broken into, and someone attempted to steal the vehicle in a manner very much like the truck involved in the attempted theft at the bank.
Although it wasn't obvious when the vehicle break-in happened, officers investigated the scene and appeared to be working to lift fingerprint evidence from the vehicle.
At this time, the Center Police Department is not releasing any information relating to the bank incident citing an ongoing investigation.
October 17, 2020 - Shelby Savings Bank in Center was the scene of an attempted ATM theft Saturday morning, October 17, 2020.
Sometime around 5:50am, Center Police Department officers were called to the parking lot of a nightclub on Southview Circle (U.S. Highway 96 South) where a white pickup truck was apparently sitting in the parking lot running.
When officers arrived at that scene they discovered the 2003 Ford Super Duty F-250 truck was running and the drivetrain was detached.
Shortly after, officers discovered a theft in progress at Shelby Savings Bank located at 111 Selma Street. A tan 2001 Ford Super Duty F-250 pickup truck was backed up to the ATM, with a chain attached to the rear of the pickup truck and the front of the ATM was open.
The officers were able to place one individual immediately in custody, and a second one allegedly fled the scene in a black sedan. Texas DPS State Troopers caught up to the black car at Tyson on Shelbyville Street, where the second suspect was apprehended.
It was confirmed the pickup truck left backed up to the ATM machine at Shelby Savings Bank had been taken from a mechanic shop on Southview Circle, and the white truck located in the nightclub parking lot had also originally been in the mechanic shop lot.
Additional information on the suspects and charges will be updated as it's made available by the Center Police Department.
October 20, 2020 - With Shelby County finding a new location to house the Justice of the Peace and Constable for Precinct 5, the City of Timpson is finding this scenario to have developed into an expensive wrinkle.
The Justice of the Peace building has been located on City of Timpson property since 2015 when the county decided to move the Justice of the Peace office to a prefab structure, and the City of Timpson allowed the structure to be placed on city property at no charge.
Now, five years later the commissioners shifted gears and approved the lease of a location in Timpson not far from where the office had been before it was placed on city property, and therein lies the wrinkle. With this new location, the city is potentially going to have to come up with just south of $50,000 to provide a compliant location for the Justice of the Peace and Constable.
This comes after the Timpson council only just recently chose to lay off one of their officers, because the budget wouldn't allow them to afford her, and leaving the city with one remaining officer.
During the Tuesday, October 20, 2020 meeting, mayor Debra Smith informed the council Tracy Broadway, Justice of the Peace Precinct 5, informed her the Justice of the Peace office was being moved a couple of months previous to the meeting.
"That's just great and that's wonderful for them, and I read in the news that next day that Allison [Harbison] announced we were also going to fix the sidewalk," said Smith. "Yes the sidewalk needs to be fixed, but it would have been a lot easier plan if there weren't people in the building, using the building."
William Richardson with Cox Contractors Inc. was present for the meeting and mayor Smith explained he has gotten a plan together to present to the council.
Although the project isn't guaranteed to come in at $49,500, there is a great deal of uncertainty at this time, because the project is being considered under short time constraints.
Smith offered up the sidewalk is currently not ADA compliant; however, she explained once a project is started and the sidewalk is torn into, it will have to be made ADA compliant because it's new construction.
Kyle Allen, councilman, asked why the city is going to have to tear into the sidewalk.
"The JP and them just rented it and announced that they've got a, that it's a government office, so it's got to be ADA compliant for them to be in it," said Smith. "And they decided ahead of us."
Allen suggested it sounds like that's the county's problem, and Smith explained it's the city's problem, because it's a city sidewalk. Charleston Johnson, councilman, asked who made the decision to move the JP from the previous location to the new one, and Smith confirmed the county made that decision.
"We're fixing to give them $49,000 and we just got rid of a police officer. It's just going to look crazy of us paying them when we got rid of an officer," said Johnson.
Tiffany Collins, councilwoman, agreed with Johnson she doesn't know where the city is supposed to come up with the money.
Mayor Smith suggested a portion of the funding may be able to come from the Economic Development Corporation (EDC) and they won't have an answer to that question until the EDC meets next. She also said she would reach out to the county and see if they could contribute some to the expense of the sidewalk.
A motion carried to table the sidewalk project until after the next EDC meeting has been concluded to verify funds from the EDC will be used to make the upgrade to the sidewalk.
Earlier in the meeting, the council reviewed bids and heard from five different sanitation companies seeking to provide service to the city.
After reviewing the bids and hearing from each company, what services they offer, a motion carried by the council to approve Lilly Sanitation out of Garrison.
Agenda items approved during the meeting include: 1. Consent Agenda: Items included under the Consent Agenda require little or no deliberation by the Council. Approval of the Consent Agenda authorizes the City Secretary to proceed with the conclusion of each item as reflected in the Minutes of this meeting. A. Minutes from the Regular Meeting held on Sept 15, 2020 B. Financial Statement for the month of September 2020 C. Accounts Payable – September 2020 2. Award City garbage contract, effective January 1, 2021, to Lilly Sanitation. 3. Revise the Police Handbook for the work schedule to be pre-approved by the City Council every three months, taking affect with the November 1, 2020 schedule. 4. Adjourn. Agenda items tabled during the meeting include: 1. Bid from Cox Contractors to build an ADA compliant ramp and parking area at the office of the JP and Constable on Bremond and Austin St.
October 20, 2020 Center Police Officers were called to a local motel located on Hurst Street in Center Saturday, October 17, 2020 where a body had been discovered around noon.
The individual who was found deceased in the motel room was identified as a 64-year-old white female who stayed for three days and was scheduled to leave Saturday; however, management found her in the room.
At this time the body has been sent to Tyler for an autopsy and no foul play is thought to have occurred.
This in an open investigation, and is pending autopsy results as ordered by Donna Hughes, Justice of the Peace Precinct 1.
October 20, 2020 - Due to a Facebook post circulating, we have had several people question the JF stamped on the back of the ballots.
Above is the code from the Secretary Of States office stating that the Election Judge must write or stamp their initials on the back of each ballot. This just determines if the ballot was voted early or on Election Day, in the case of any recounts.
The judges initials on the ballot does not void the ballot, and it is nothing to be concerned over.
Editor's note: The election Judge for Shelby County is Jennifer Fountain.
October 19, 2020 - As of Monday, October 19, 2020 the Texas Department of State Health Services (DSHS) reports Shelby County now has a cumulative case count of 539. The COVID-19 cases have been at a gradual increase over the past 10 days.
October 10th - 0 new cases (cumulative total 529)
October 11th - 0 new cases (cumulative total 529)
October 12th - 2 new cases (cumulative total 531)
October 13th - 1 new case (cumulative total 532)
October 14th - 0 new cases (cumulative total 532)
October 15th - 3 new cases (cumulative total 535)
October 16th - 2 new cases (cumulative total 537)
October 17th - 1 new case (cumulative total 538)
October 18th - 0 new cases (cumulative total 538)
October 19th - 1 new case (cumulative total 539)
DSHS also reports 3 new deaths for Shelby County due to COVID-19 for a cumulative count of 30.
October 19, 2020 - The City of Tenaha would like to remind voters that Early Voting continues Monday, October 19th through Friday, October 30th from 8am until 4pm with Tuesday, October 20th and Thursday, October 22nd hours from 7am until 7pm. There is one item on the ballot “The adoption of a local sales and use tax in the City of Tenaha at the rate of 2%.”
October 16, 2020 - One Center man arrested on Thursday following the execution of a search warrant yields 5 pounds of Xanax pills and 2.5 pounds of marijuana.
According to a press release from Joey Haley, D.A. Investigator, on October 15, 2020, a multi-agency task force executed a narcotics search warrant at a residence just outside the city of Center for alleged narcotics trafficking.
A search warrant for the residence was obtained as a result of a narcotics trafficking investigation conducted by the Shelby County District Attorney’s Office and Precinct 3 Constable Roy Cheatwood. The execution of the search warrant yielded approximately 5 pounds of Xanax pills, approximately 2.5 pounds of Marijuana, packaging material used for narcotics trafficking, and an undisclosed amount of cash.
Arrested on scene was SeDarrin Williams of Center, Texas, who was charged with Possession of a Controlled Substance with Intent to Deliver (1st degree felony) and Possession of Marijuana (State Jail felony).
Multiple agencies came together for a successful investigation and execution of the search warrant. The multi-agency task force included the Shelby County District Attorney’s Office, Constable Roy Cheatwood, the Center Police Department, the San Augustine County Sheriff’s Office, the Shelby County Sheriff’s Office, and Texas DPS.
October 14, 2020 - The Shelby County Commissioners have made a motion seeking to end the Morrow v Shelby County class action lawsuit which has been hung over Shelby County and Tenaha for the past 14 years.
During their meeting October 14, 2020, Judge Allison Harbison shared the commissioners met with the county's attorneys with Flowers, Davis who have been representing Shelby County in the lawsuit.
"The federal Judge [Rodney Gilstrap] has seen fit to call a halt to this suit that we've been in for God knows how long," said Judge Harbison. "The only thing is he, the attorney fees that are owed by the plaintiff's attorneys, he did allow for some of those. Our portion is going to be $186,500."
Judge Harbison remarked that amount is 10% less than the amount owed would have been, because of Judge Gilstrap's decision.
"Hopefully that Tenaha lawsuit will be dead and done," said Judge Harbison.
According to the total amount awarded to Plaintiffs, the City of Tenaha's portion should be $102,933.96
Judge Harbison explained, with the action the court takes today, a dismissal with prejudice will be entered. According to Judge Harbison, plaintiff's council will also release Shelby County from any past or future attorney fees.
She further stated the only fees that may be pending after that are Court Monitor fees for John Malcolm Bales, who has been the monitor since December 6, 2018.
"[Bales] has been really good, and I think he was very instrumental in getting this lawsuit done," said Judge Harrison. "Because, plaintiff's attorney wanted to drag it out forever so thank goodness that the federal judge saw fit to say 'no more.'"
Judge Harbison stated a representative of Flowers Davis P.L.L.C would be going to plaintiff's attorney, Tim Garrigan, today to get the necessary documents signed.
"Folks need to realize that, it's a lot of money, and it's not something that we can help. We're not throwing this money away, and if we don't do this motion today then those fees will continue to be more, and more, and more, so this is probably the best out we have to end this thing," said Commissioner Charles Barr.
Commissioner Roscoe McSwain commented on the vast expense the lawsuit has been for the county over the years.
"This is just a portion of what it's cost the county to litigate this and to continuously be under this monitor system, this lawyer continue to get to charge hourly fees," said McSwain. "We have no choice but to put it behind us."
A motion made by Judge Harbison, and seconded by Commissioner McSwain, carried and is as follows:
To approve payment of $186,500 for attorneys' fees to Plaintiffs' counsel in the class action case of Morrow v. Shelby County, et al., for purposes of bringing to an end, once and for all, this case and any further expenses to Shelby County other than any outstanding court ordered monitor fees. This payment will result in full and complete satisfaction of (1) all past awards of attorneys' fees, (2) all current claims for attorneys' fees, and (3) any future claims for attorneys' fees. This motion and payment is contingent upon (1) the Court entering an Order of Dismissal with Prejudice as to the Shelby County Defendants, and (2) Plaintiffs' counsel signing a Release of all past and future attorney's fees.
Rayford Copelin, Shelby County historical Commission, spoke with the commissioners once again about their recommendation to the county to abate the asbestos in the Historical Courthouse Annex.
Judge Harbison confirmed the money for the project is currently budgeted.
Copelin provided some more information on the project to the commissioners relating to cost of the project, which he stated came to $13,826 and is less than they initially expected.
A motion carried by the commissioners to approve Brady Environmental Services and HP Envirovision to take care of the asbestos in the Historical Courthouse Annex building at a cost of $13,826.
The meeting was adjourned at 9:51am.
Agenda items approved during the meeting include: 1. Minutes of the September 2, 2020 Special meeting; September 9, 2020 Regular meeting; September 16, 2020 Special meeting; September 23, 2020 Special meeting; September 30, 2020 Special meeting of the Shelby County Commissioners' Court. 2. Pay weekly expenses. 3. Pay current payroll. 4. Officers Report. 5. Morrow, et al v. Shelby County, et al including pending claims for attorney's fees. 6. Brady Environmental Services and HP Envirovision to take care of the asbestos in the Historical Courthouse Annex building at a cost of $13,826. 7. Adjourn
Related Articles:
Judge Awards Plaintiff Attorneys Almost $300,000 in Morrow v Shelby County
SC Historical Commission Seeks Asbestos Removal from Annex Building
October 13, 2020 - The Shelby County Commissioners will be discussing United States District Court case Morrow, et al v. Shelby County, et al, including pending claims for attorney's fees during their meeting Wednesday, October 14, 2020.
At the time of the original filing of the case in federal court in 2008, the complaint then alleged that law enforcement officers representing Tenaha, and Shelby County participated in an illegal practice of stopping, detaining, searching and seizing property from people traveling through Tenaha.
None of the officers or officials named in the complaint are working for the county or city of Tenaha any longer.
This has resulted in several years of litigation involving the city of Tenaha and Shelby County government in federal court as defendants.
According to court documents, the defendants agreed to pay and the plaintiff attorneys agreed to accept $520,000 as attorney's fees on June 15, 2012 to cover expenses up to that date.
Moving forward to present day, on September 15, 2020 and according to court documents, the plaintiff attorneys sought award of interim attorney's fees and costs which have been incurred from September 1, 2016 to March 31, 2020.
Plaintiff attorneys originally were requesting $359,470; however, the court saw fit to reduce this amount in siding with some arguments of the defense.
United States District Judge Rodney Gilstrap ordered the plaintiff's be awarded a sum of $289,433.96 in fees and costs which are to be paid by the defendants.
There is no outline in the referenced court documents indicating how much money Shelby County will be responsible for paying and for how much Tenaha will be responsible.
According to the outcome of the OCtober 14, 2020 meeting of the Shelby County Commissioners' Court, Shelby County will be paying $186,500 which leaves the City of Tenaha to pay $102,933.96.
Related article:
Commissioners Move to End Morrow v Shelby County; County to Pay $186,500
Pages
