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February 6, 2019 - The Grand Jury for the 273rd Judicial District Court met for its February session on February 6, 2019. Shelby County District Attorney Stephen Shires presented 41 cases to the Grand Jury. 

The Grand Jury returned 38 “true bill” of indictments and retuned 3 “no bills” of indictment.

February 4, 2019 - The intersection of Hurst Street and Tenaha Street was the scene of a three-vehicle pileup crash Monday, January 28, 2019.

All three vehicles involved received damage; however, the rear vehicle which was a brown Nissan Murano appeared to have received the most damage and was towed from the scene.

The driver of that vehicle was also transported from the crash by ambulance.

The silver Dodge Ram 1500 and a tan Ford F-250 Super Duty were able to be driven away.

(Update, Feb 6): According to Center Police Officer Damarcus Williams, a brown 2017 Nissan Murano driven by Cynthia Clark, 66, of Center was northbound on Hurst Street in Center. 

At that time, Clark had a medical emergency as she approached the red light which caused the Nissan to collide with the rear of a tan 2008 Ford F250 driven by Moises Solis, 61, of Center.

Subsequently the Ford collided with the rear of a silver 2019 Dodge Ram driven by Dena Wright, of Haughton, La.

Clark was transported by ambulance to Nacogdoches Medical Center - Shelby Emergency Department for treatment.

February 6, 2019 - In the 123rd Judicial District Court, the Honorable LeAnn Rafferty presiding, 48 cases were called for status hearings, arraignments, and other various purposes on February 5, 2019.  

Shelby County District Attorney Stephen Shires was able to resolve and finalize 19 cases. A number of the remaining cases will be brought back this Friday for potential completion. These cases are all set on the April trial docket.  

Several defendants were not present, and an order was signed by Judge Rafferty for the issuance of an arrest warrant for those individuals. Those people included Tristen Durden, Tony Josh Parker, Amber Gryder, George Henry, and Jermaine Preston. If those persons report to Court this Friday, February 8, 2019, at 9 a.m., the Court will recall their warrant.  

If you are reading this, and your name is mentioned, contact your attorney and be in Court this Friday.  Next up, the District Attorney will be in the 273rd District Court, the Honorable Judge James A. Payne, Jr. presiding, on Thursday, February 7, 2019, for a docket of cases set for arraignment.

January 31, 2019 Shreveport, LA – Southwestern Electric Power Company (SWEPCO) has received multiple reports that involve criminals posing as SWEPCO representatives calling customers and demanding immediate payment.

“These scammers are targeting vulnerable groups of people, including seniors, non-native English speakers, and small business owners,” said Karen Wissing, SWEPCO spokeswoman. 

Scammers are:

  • Criminals impersonating SWEPCO employees over the phone.
  • Telling SWEPCO customers in the Longview area that the utility is changing its name.
  • Demanding SWEPCO customers immediately buy a prepaid debit card to pay their December balance.
  • Threatening to disconnect electric service if immediate payment is not received. 

SWEPCO does not:

  • Call customers demanding immediate payment
  • Ask customers to purchase a debit/cash card to pay a bill

“If you believe a scammer has contacted you, hang up immediately,” Wissing said. “You can verify the status of your account by logging into SWEPCO.com or SWEPCO’s mobile app, or by calling us directly at 1-888-216-3523.”

Do not give the caller or visitor a prepaid card, such as a Green Dot card, a wire transfer, or any other form of payment that may be difficult to trace, Wissing said.

Customers may take several steps to keep themselves safe from scammers, including:

  • Ignoring suspicious requests for personal information such as bank account numbers, user names and passwords, credit card numbers, or Social Security numbers.
  • Deleting any emails from utilities that are not your service provider.
  • Deleting all suspicious emails that require immediate action to verify or demand personal information.

About Southwestern Electric Power Co. (SWEPCO)
SWEPCO, an American Electric Power (AEP: NYSE) company, serves 535,000 customers in western Arkansas, northwest and central Louisiana, northeast Texas and the Texas Panhandle. SWEPCO’s headquarters are in Shreveport, La. News releases and other information about SWEPCO can be found at SWEPCO.com.

About American Electric Power (AEP)
American Electric Power, based in Columbus, Ohio, is focused on building a smarter energy infrastructure and delivering new technologies and custom energy solutions to our customers. AEP’s more than 17,000 employees operate and maintain the nation’s largest electricity transmission system and more than 219,000 miles of distribution lines to efficiently deliver safe, reliable power to nearly 5.4 million regulated customers in 11 states. AEP also is one of the nation’s largest electricity producers with approximately 32,000 megawatts of diverse generating capacity, including 4,300 megawatts of renewable energy. AEP’s family of companies includes utilities AEP Ohio, AEP Texas, Appalachian Power (in Virginia and West Virginia), AEP Appalachian Power (in Tennessee), Indiana Michigan Power, Kentucky Power, Public Service Company of Oklahoma, and Southwestern Electric Power Company (in Arkansas, Louisiana, East Texas and the Texas Panhandle). AEP also owns AEP Energy, AEP Energy Partners, AEP OnSite Partners and AEP Renewables, which provide innovative competitive energy solutions nationwide.

January 30, 2019 - The Shelby County Commissioners approved the hire of an administrative assistant for James Payne, 273rd Judicial District Court Judge, during their meeting Wednesday, January 30, 2019 at 9:30am.

Following an executive session which began at 9:37am and ended at 10:15am, the meeting returned to open session and a motion carried to approve Judge Payne hiring an administrative assistant at the current base pay.

The meeting adjourned at 10:18am.

Agenda items approved during the meeting include:
1. Pay weekly expenses.

2. Executive Session: Judge Payne to hire an administrative assistant at the current base pay.

6. Adjourn at 10:18am.

January 29, 2019 - The Shelby County Commissioners' Court discussed several items the Shelby County District Attorney was desirous of during their meeting held Wednesday, January 23, 2019

First in the list of items on the District Attorney wish list was a new vehicle for his office to be used by the District Attorney Investigator, Joey Haley.

Stephen Shires, District Attorney, informed the commissioners of the journey his office has taken by way of a vehicle for his investigator. The one previous "hand-me-down" Crown Victoria from the Sheriff's Department and one purchased by the District Attorney's Office with forfeiture funds and a Cadillac from the seizure program.

As explained by Shires, due to the previously mentioned vehicles being in delapidated conditions it's been necessary for Haley to drive a vehicle belonging to Shires. This has now been followed by Haley acquiring a new personal vehicle, which he currently is driving with the intent of turning in mileage for reimbursement.

Shires said on the day previous to the meeting there were 94 cases presented in court and he stated that wasn't a rarity, and he said that was an average number from 2018. With 24-25 cases that have actually been to trial.

He commended his staff on the support they provide him and how necessary they are to him accomplishing his job. Shires explained the intricacies of Haley's job which requires him to deliver subpoenas, interview witnesses, coordinate with agencies across the county, and provide support to those agencies.

A federal ruling was recently handed down relating to the lawsuit involving the city of Tenaha and Shelby County, James Morrow, et al v. City of Tenaha Deputy City Marshal Barry Washington, et al. The ruling extended the monitoring for another 18 months.

"It's been made quite clear to us that we need to show that we can do drug interdiction work in Tenaha correctly," said Shires. "Just not doing it is not sufficient to get us out of the lawsuit, so we're going, we've made the decision that we're going to do drug interdiction."

Shires stated it would be primarily run through his office giving him the opportunity to oversee the activities and ensure everything is handled lawfully. The resulting funds from such activities, Shires said would eventually help to pay for the new vehicle.

"I will be willing to enter into some sort of agreement, if I do get seizure funds based on drug interdiction work, to reimburse the county for this, but we're asking you guys to acquire a new vehicle for the Shelby County District Attorney's Office," said Shires.

A quote of $37,000 for a new Dodge Charger was presented to the commissioners by Shires and Haley as Shires explained to provide Haley with a reliable vehicle for official county purposes. 

Judge Harbison asked Shires if he has asked the City of Center to contribute to such a purchase since his office works so closely with the Center Police Department. He said that had been considered and he would speak with Chad Nehring, City Manager, about the possibility.

Clint Porterfield, County Auditor, stated he had previously spoken with Haley about the use of his personal vehicle and Porterfield said one of the greatest concerns in the vehicle being used in an investigative capacity, it isn't covered under county insurance.

"Anything that happens with that vehicle in the line of his work, that would be on his mileage report," said Porterfield. "Mileage would be the only funding he would get to cover anything that would happen to that vehicle."

Any expenses would not be covered beyond mileage, according to Porterfield. The other three vehicles currently in the possession of the District Attorney's Office, and what will happen with them was an additional concern to Porterfield.

Shires felt one vehicle has the possibility of resurrection and could be kept as a spare vehicle for use in the interdiction program, with the other vehicle being used as a parts car. He said he wouldn't be opposed to scrapping the vehicles and putting that money into the seizure fund.

Roscoe McSwain, Precinct 1 Commissioner, had concerns over the prospect of drug interdiction activities involving the District Attorney's Office and he wanted clarification on who Haley would be representing, "You're an actor of the state, I want a definition, is [Joey Haley] an actor of the county? Should he get involved with Tenaha doing drug interdiction and something go bad, and you know how lawyers are it don't have to be bad to be a lawsuit. And I want to know, would he be considered an actor of Shelby County, or an actor under yourself?"

Shires said Haley wouldn't be doing drug interdiction, "Running a drug interdiction program through my office, but it's not going to be Haley."

McSwain reiterated his question of who Haley would be directly representing. 

"You see my question, is he a state actor under yourself, or is he an actor under Shelby County? Will we be responsible for him as we was the Shelby County Constable the first go round if he's involved in that up there?" said McSwain.

"That's the beauty of this if it runs through my office, I believe that would be through the District Attorney's Office," said Shires.

McSwain further explained his concern if Haley is a representative of the county, and since the county is paying him, the county would bear the responsibility were anything to go awry. 

Shires said Haley would not be a part of roadside drug interdiction and he stated the Sheriff wouldn't be involved, because he, "hasn't shown any interest," in participating. He further explained the District Attorney's Office and Sheriff's Department have a traditional agreement about seizures when illegal drugs are located that has nothing to do with roadside interdiction.

"What was made clear to us by the the federal judge and the plaintiff's lawyers is that we're never going to get out of this lawsuit unless we do some drug interdiction to prove that we can do it correctly," said Shires.

McSwain wanted to know if an officer has a stop in Tenaha and has a legal question, would the scenario be as it had been leading up to the federal lawsuit where the "DA and investigator drove up on the scene and made the decisions."

Shires said that is not at all how it would work, and he stated if he were to go to any scene as a prosecutor it would make him a witness.

Haley won't be involved in roadside drug interdiction activities from what Shires said; however, he did explain there is a narcotics investigation unit out of the District Attorney's Office.

David Haley, Center PD narcotics investigator, is also a reserve officer in the District Attorney's Office, said Shires. He said the DA's office works regularly across the county with other cities and constables to perform narcotics investigations, which Joey Haley is a party to handling.

Shires reiterated not doing roadside interdiction has not been deemed sufficient.

Judge Harbison said that wasn't exactly what she got out of the federal hearing.

"The only thing he was mad about was the monitoring we have not been admonished for not doing interdiction, that was what the plaintiff's attorney was wanting to happen," said Judge Harbison.

Shires said there has to be interdiction, because the monitoring can't be of no activity. He said he has met with everyone involved and they want to see things done properly. 

"The judge was concerned as soon as the lawsuit got lifted that we would go back and do it," said Shires.

"And that's the way it should always be done, properly," said Harbison. 

They both agreed, if it's going to be done at all.

Discussion continued on the possibility of purchasing a vehicle and it was determined before moving forward, the court would like to be presented with additional quotes to provide further options.

A motion carried to table the consideration of purchasing a vehicle for two weeks.

The commissioners heard further from Shires on a drug court grant he would like to seek. 

"We didn't get any funding last year for drug court for a couple reasons. I just think that it's kind of drying up," said Shires.

He remarked Panola County didn't receive any such funding either. Although there wasn't funding, Shires said a drug court program has been established for Shelby County with 15 to 20 participants.

"When our probation joined up with the Deep East Texas Division out in Jasper now, they were able to actually get some money for some counseling," said Shires.

The benefit of a drug court, as explained by Shires, is for those who successfully complete the program, those are individuals law enforcement and the judicial system no longer are having to handle. 

A motion carried for the Shelby County District Attorney's office to seek a Drug Court grant from the governor's office.

Shires described for the court the need of his office to have surveillance and ballistic equipment. 

"We're always hoping to upgrade, especially our technology for narcotics investigations," said Shires.

A motion carried for the District Attorney's office to apply for a Grant for equipment from the governor's office.

The meeting adjourned at 10:11am.

Agenda items approved during the meeting include:
1. Pay weekly expenses.

2. Current payroll.

3. Disbursement of Capital Credits for FY 2018 to the Children's Advocacy Center.

4. Participation Agreement between Tyler Technologies, Inc. and Shelby County for the benefit of the District Clerk's office for receiving fees through the Search Tx website.

5. District Attorney's office to apply for a Grant for Drug Court from the governor's office.

6. District Attorney's office to apply for a Grant for Equipment from the governor's office.

7. Adjourn at 10:11am

Agenda items tabled during the meeting include:
1. Discuss and possibly approve the District Attorney's office to purchase a new vehicle.

January 29, 2019 - Jury selection was set to begin today in the trial of Raymond John Fleming, Jr. in the 273rd Judicial District Court of Shelby County, Honorable James A. Payne, Jr. presiding. Mr. Fleming was charged by indictment with four felony crimes: two counts of forgery, one count of forgery against the elderly, and one count of fraudulent use or possession of identifying information against the elderly. 

Mr. Fleming was accused of stealing checks from people’s mailboxes, altering them to be made payable to himself, and then cashing them. Just before the start of jury qualification, however, Mr. Fleming decided to waive his right to a jury trial on the question of his guilt/innocence, and he entered a plea of “guilty” in each case. Mr. Fleming has requested that the Court assess his punishment – as such, Judge Payne order a Pre-Sentence Investigation be conducted for Mr. Fleming. 

The punishment trial will take place later this month on a date to be determined by the Court. The backup cases to Mr. Fleming’s case were resolved, had a lawyer preferentially set elsewhere, or had a defendant that did not show up (with a new arrest warrant being issued). There was a very good turnout by the jurors for Mr. Fleming’s trial. 

Judge Payne and Shelby County District Attorney Stephen Shires thanked them for coming in and explained that their service, though brief, was invaluable.

 


Submitted photo

January 28, 2019 - As three vehicles collided off U.S. Highway 96 North Friday, January 25, 2019, a local business was struck by one of the vehicles involved.

According to Texas Department of Public Safety State Trooper Dustin Ramos, at 6:30pm a grey 1999 Nissan Maxima driven by Obdulia Arellano, 50 of Nacogdoches with 6-year-old and 2-year-old passengers was stopped facing north on U.S. Highway 96 North in the inside lane.

At that time, a blue 2000 Ford Expedition driven by Almaquer Roque Crescenciano, 32, of Center with a 2-year-old passenger was traveling south on U.S. 96 in the outside lane.

As the Nissan began to turn left on FM 2026 it failed to yield right of way to the Expedition, causing it to strike the right back quarter of the Nissan leaving both vehicle damaged. The Expedition continued traveling into the McAdams Propane parking lot where it then impacted with the building, causing extensive damage.

After the collision with the Expedition, the Nissan spun into FM 2026 where it collided with a tan 2007 Chevrolet Tahoe driven by Tina McKinney, 41, of Center. Passengers in the Tahoe were Brian McKinney, 46, as well as a 13-year-old and 10-year-old passenger.

No injuries were reported as a result of the crash. 

Arellano was issued citations for fail to yield right of way - turning left and no driver's license. Crescenciano was also issued a citation for no driver's license.

Despite the incident, McAdams Propane opened for customers Monday morning.

January 26, 2019 - Judge LeAnn Rafferty of the 123rd Judicial District Court had six (6) inmates currently incarcerated in the Shelby County Jail brought over to the Court on Friday, January 25, 2019 to follow up on their appearances January 24, 2019. 

As a result, Shelby County District Attorney Stephen Shires was able to finalize nine (9) cases. This included State v. Peterson, where the defendant received 15 months incarceration in the Texas Department of Criminal Justice State Jail Division for the offense of burglary of a building.

January 25, 2019 - Mr. Pugh has been located and he is safe.

No further information is available at this time.


January 24, 2019 - The Shelby County Sheriff's Office is seeking the whereabouts of James Edward Pugh of Joaquin, TX.

Pugh was last seen Sunday morning, Jan. 20, 2019 at Brookshire Bros. on the Haslam strip in Joaquin. He is described at a 6'3" white male with brown hair and blue eyes. He may be wearing a red hoodie style sweatshirt and jeans.

If you have any information on the location of his whereabouts, please contact the Sheriff's Office at (936) 598-5600.

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