Shelby County Today

May 22, 2015 - The Texas Department of Public Safety (DPS) was engaged in a bi-county vehicle chase on Monday, May 18, 2015 south of Shelbyville and the suspect driver is still being sought.

At around 12am Texas DPS State Trooper Ricardo Segura was entering Shelby County on FM 147 as he attempted to pull over a blue Suzuki GSX-R600 motorcycle which was speeding and had two riders. As the motorcycle was 1 mile from the intersection with State Highway 87 South the driver of the motorcycle laid the motorcycle down beside the roadway.

When Trooper Segura brought his vehicle to a stop it was discovered the passenger was still with the motorcycle and her leg was trapped beneath it. While Trooper Segura removed the vehicle from atop the passenger, the driver fled into the woods.

Jamie Hagler, Constable Precinct 2, arrived shortly after with Shelby County Sheriff's Deputy Bradley Horton to assist in the search for the suspect.

The passenger informed authorities she did not know the identity of the driver. Center Police Sgt. Scott Burkhalter arrived at the scene with K9 Taz to assist in searching for the suspect in the woods. ACE EMS transported the passenger from the scene to Nacogdoches Medical Center - Center Emergency Department for examination.

No information has been provided by DPS at this time pertaining to the suspect or passenger. Further information will be provided as it is made available.

May 21, 2015 - The Shelby County grand jury for the July term of the 273rd Judicial District Court met on Wednesday, May 20, 2015 and handed down indictments for 25 cases.

Daryl McSwain received two indictments for aggravated assault with a deadly weapon, second degree felony. The indictment alleges on August 21, 2014 McSwain threatened Dusten Byrd and Robert Mitchell Miller with imminent bodily injury by trying to ram his motorcycle and running him off the road and did then and there use or exhibit a deadly weapon, a 2001 black Ford during commission of the assault.

Massaud Williams was indicted for burglary of a habitation, second degree felony. The indictment alleges on July 11, 2014 Williams entered the home of Atoshia Ayers without her consent and attempted to commit theft of property including a flat screen TV, one PlayStation 3, one camera and four wheels. Williams was also indicted for evading arrest with prior convictions, state jail felony. The indictment alleges on December 6, 2014 Williams fled from Center Police Officer Steve Thornburgh who was attempting to lawfully arrest or detain him.

Jahir Garcia-Luna and William Brandon Smith were each indicted for aggravated assault with a deadly weapon, second degree felony. The indictments allege on August 18, 2014 Garcia-Luna and Smith caused bodily injury to April Rochelle Peterson by shooting her with an air-soft rifle which was the deadly weapon exhibited during the commission of the assault. Garcia-Luna and Smith were also indicted for tampering with or fabricating physical evidence, third degree felony. The indictments allege Garcia-Luna and Smith, knowing an investigation was in progress, concealed an air-soft rifle with intent to impair its availability as evidence in the investigation.

Ashley Shaunte Fredieu was indicted for credit card/debit card abuse against the elderly, third degree felony. The indictment alleges on August 16, 2014 Fredieu presented to Walmart or used a Citizens Bank Master card with knowledge that the card had not been issued to Fredieu. The indictment continues by stating Fredieu did not have permission from the cardholder, Ola M. Gardner, an elderly individual.

Jamison Rashard Swindle received one indictment for possession of a controlled substance and two indictments for delivery of a controlled substance. The first indictment alleges on July 3, 2014 Swindle possessed phencyclidine (PCP) in an amount of four grams or more but less than 200 grams. The second indictment for delivery of a controlled substance, second degree felony, alleges on July 3, 2014 Swindle delivered cocaine to a "Cooperating Individual" in an amount of less than one gram. The third indictment delivery of a controlled substance, state jail felony, alleges on June 27, 2014 Swindle delivered cocaine to a "Cooperating Individual" in an amount of less than one gram.

Hollis Neel Farris was indicted for theft, third degree felony. The indictment alleges on July 7, 2014 Farris stole a 2 year old Black Angus Bull valued at less than $100,000 from Paul Hancock without his consent.

Erick Sanchez was indicted for assault bodily injury, third degree felony. The indictment alleges on July 18, 2014 Sanchez caused bodily injury to Milagro Gonzalez, whom Sanchez was dating, by impeding the normal breathing or circulation of the blood of Gonzalez by applying pressure to the throat or neck and/or blocking the nose or mouth of Gonzalez.

David Nathan Lewis Jr. was indicted for failure to stop and render aid, third degree felony. The indictment alleges on May 4, 2014 Lewis drove a vehicle that became involved in a crash resulting in damage to a vehicle. The indictment continued to allege Lewis knowingly left the scene of the crash without giving his name, address, registration number of the vehicle he was driving or the name of his vehicle liability insurer to Jedediah Dale Davenport, the driver of the vehicle with which Lewis collided.

William Harold Lovell III was indicted for intoxication assault, third degree felony. The indictment alleges on August 15, 2013 Lovell was operating a motor vehicle in a public place while intoxicated and by reason of such intoxication caused serious bodily injury to Alicia Cruse. The indictment continues to allege Lovell did so by intentionally recklessly driving causing the vehicle he was driving to roll over.

(Dates in parenthesis indicate the date of the alleged incident)
Maria De Los Angeles Mendoza-Lemus, fraudulent use or possession of identifying information, state jail felony (August 28, 2014).
Augustin S. Jimenez, driving while intoxicated, third degree felony (July 19, 2014).
Mitchell Lee Garrett, evading arrest, third degree felony (August 25, 2014).
Leonel Hernandez, evading arrest with vehicle, third degree felony (August 10, 2014).
Aubrey Calvin Pearson, failure to register as a sex offender, third degree felony (January 24, 2015).
Michael Sherman Johnson, possession of a controlled substance, third degree felony (July 30, 2014).
Carrie Moore Wilkins, driving while intoxicated with child passenger, state jail felony (August 18, 2014).
Glendon Dale Webb, possession of a controlled substance, state jail felony (July 5, 2014).
Chadwick Obrien Bradshaw, possession of a controlled substance, state jail felony (July 4, 2014).
Jose Luis Garay, evading arrest, third degree felony (August 16, 2014).

May 20, 2015 - Shelby County Today was on scene as officers searched the vehicle where they recovered a large amount of narcotics and money. Center Police Officer Jake Gross is seen at the back of the vehicle as Shelby County Sheriff's Deputy Bradley Horton searches the passenger side of the vehicle with Sgt. Scott Burkhalter.

Center Police Department traffic stop nets an assortment of drugs, a gun, and over $30,000 in suspected drug money in the early hours of Tuesday morning on Hurst Street.

According to a Center Police Department press release, Sgt. Scotty Burkhalter with his K9 partner, "Taz", observed a black Chrysler 300 leaving Wal-Mart parking lot without headlights turned on at 1:30am on May 19, 2015. Sgt. Burkhalter initiated a traffic stop in the 800 block of Hurst Street and made contact with the driver of the Chrysler, Benny Earl Holmes, 25, of Tenaha.

Burkhalter observed Holmes was reaching into the floor board of the vehicle while Burkhalter was talking to him. Burkhalter ordered Holmes to get out of the vehicle and to show his hands. He complied after several commands to do so.

Coming from the vehicle Sgt Burkhalter smelled a strong odor of Marijuana and placed Holmes into custody for further investigation.

Arriving on scene and assisting Burkhalter was Center PD Officer Jake Gross along with Shelby County Sheriff Deputy Michael Griffin and Deputy Bradley Horton. During the investigation a .380 caliber pistol was located in the floorboard next to two big bags of marijuana.

The search concluded with the seizure of 13.6 grams of methamphetamine, powder cocaine, over a quarter pound of marijuana, a large amount of assorted pills, $30,616 in US Currency, and a pistol.

The suspect was charged with seven (7) felonies which includes possession with intent to distribute and money laundering. Holmes was taken to the Center Police Department.

The Center Police Department wants to thank Sheriff Willis Blackwell for his deputies and the help they provided.

May 20, 2015 - Mayor Orinthia Johnson swore in newly elected council members Natalie Harris, Michael Baker and Claudine Howard at the recent Tenaha City Council meeting held on Monday, May 18, 2015.

Ron Barker, election judge, read the voting results for the council and following the council approving the canvass of votes Mayor Johnson administered the oath of office to the council members.

As council members reviewed the financial statements, councilwoman Harris asked if the council could meet at a time previous to a meeting to go over the budget to gain a better understanding of the finances.

Mayor Johnson stated, "That's gotta have a called meeting or something like that, no can't do it."

Stephen Shires, legal council for the city, suggested the council could have a financial workshop to meet her request.

Shires spoke with the council about a truck ordinance and dog ordinance which the council requested at their previous meeting and which he has written. During the meeting the council members reviewed the truck ordinance and Shires stated he would be sending City Secretary Clark the animal control ordinance.

Although Shires says once a dog is captured there is no place to take them, which is a countywide problem, adopting the ordinance is a step in preparation for such a solution in the future. The ordinance incorporates the "Dangerous Dog Act" allowing law enforcement to take proper and necessary action if a situation occurs.

The council approved a motion to review the truck ordinance and table the item until the next meeting. Another motion was then approved to table the animal control ordinance until the next meeting.

Public comment was heard during the beginning of the meeting from four of Tenaha's citizens. Curt Lawrence spoke regarding mowing in and around the city. He stated he has been a resident of Tenaha for five years and has his own business. Lawrence said he has helped the city to clean up and cut grass when George Bowers was mayor and he would like to help in any way he can.

Linda Perry spoke about the tall grass and the need for maintenance on Loop 157 and at McNeil Park, "The grass is getting so high you can't see the traffic coming. It's not the city's problem, but what can we do to get the state highway department to come see about it and take care of it? Because it's dangerous, if we have some bad accidents where people can't see the traffic coming out there it's going to be a problem.."

Perry wanted to clarify McNeil Park does not belong to the Tenaha Beautification and Events Committee, but does belong to the city, "We're just helping to get it fenced and donations to get tables and benches and it's not being mowed very well and especially the outside and the weeds and the concrete. When we had our garage sale all of that was grown up and needed to weed-eat it and if you poisoned it, you wouldn't have to weed-eat it all the time."

Dewayne Reese stated he is shocked that in 10 years as a resident of Tenaha not a whole lot has changed, "What really got me to the point where I really need to get active is that schools about to be out and our kids have nothing to do. I didn't know Tenaha had a park until my wife told me and when I went around there I was literally blown away and I was like 'we can't spend no money on our future, we can't spend no money on our children? We can't buy them a basketball goal and concrete where our children can get themselves busy?'"

Reese suggested change would come when citizens hold public officials accountable and they could be voted out, "We elect y'all in, we can get you out."

Claudine Howard, Councilwoman, invited Reese to participate with the Tenaha Beautification and Events Committee in working to improve Tenaha.

The Fiscal Year 2014 audit was a point of discussion for Marie Crawford during the public comment, "The state statute, financial statute says the audit was supposed to be completed 180 days after the end of the fiscal year. We are now into day 230."

Mayor Johnson stated he has spoken with Norman Wright, city's auditor, on the week previous to the meeting and he stated he would be in Tenaha on the first or second week of June. Sheryl Clark said Wright's intent is to have the audit completed by the end of June.

Some of the water customers have asked how many gallons they actually receive for a minimum. Stacy Cranford, water department manager, recommended the minimum be from 0 - 1,000 bringing the average bill to for $26.50. Tommy Rinkle, councilman, recommended 0 - 2,000 gallons and Cranford agreed.

Cranford gave an update on the current status of negotiations with BNSF regarding the Railroad Street area, "I wanna kind of let the citizens know at this meeting so if you have a concern with it we're going to try to schedule our Tenaha Economic Development meeting for next Tuesday (May 26, at 4:30pm)."

The City of Tenaha asked for a contribution to the city from BNSF and according to Cranford a reimbursement for the loss of the street, utility loss, property tax loss, utility relocation, reconstruction of West Railroad due to traffic diversion was requested and totaled over $400,000. BNSF countered by offering $11,520 for utility relocation, $25,000 for a crossing closure, and $7,623 for the cost of the street, totaling $44,143.

"The only thing that they can claim imminent domain on and take from us, is where that actual crossing is going to be," said Cranford.

Cranford continued by suggesting telling BNSF to just put a crossing in and let the city keep their street.

"We can force them to build a crossing and save our street and that would probably be the thing to do is just say, 'look we just want to keep our street,'" said Rinkle.

Toward the end of the meeting Mayor Johnson thanked Larry Terry for his service on the council and congratulated Natalie Harris, Michael Baker and Claudine Howard.

Approved items on the agenda:

    Minutes of the previous meeting.
    Financial statements.
    City of Tenaha Employee Handbook.
    Authorization of Mayor to accept contract with NetPLEA Services Government Collections and Consulting to collect warrant fines, contingent on change of indemnity language.
    Purchase a 52 HP Kubota tractor and finish mower package with a $31,800 financed through Kubota at 0% interest and $565.30 a month for 60 months for parks and streets. Baker abstained from voting.
    Adjourn.

Items discussed and tabled:

    Truck ordinance.
    Animal control ordinance.