Shelby County Today

The following cases were recently disposed of in the Shelby County Court on the December and January Docket. Judge Allison Harbison was the presiding Judge and County Attorney Gary Rholes represented the State.

• Coreen Burt - Theft (Class B) - $600 fine, $262 court cost, 12 months probation, attend and complete Theft program.
• Jasmine Moore - Theft By Check (Class B) - $262 court cost, $1,119.67 restitution, 12 months probation.
• Reynol Gonzalez - False Registration/Inspection (Class B) - $600 fine, $262 court cost, 12 months probation, 40 hours Community Service.
• Jonathan Lout - Theft (Class B) - $500 fine, $262 court cost, 35 days Shelby County Jail.
• Jonathan Lout - Criminal Trespass (Class B) - $500 fine, $262 court cost, 35 days Shelby County Jail.
• Michael Andrews - Theft (Class A) - $600 fine, $262 court cost, 12 months probation, 40 hours Community Service, attend and complete Theft program.
• Mary Lee - Theft (Class B) - $600 fine, $262 court cost, 12 months probation, attend and complete Theft program.
• James Bailey - Possession of Marijuana (Class B) - $600 fine, $322 court cost, 90 days Shelby County Jail.
• Ethan Myers - Driving While Intoxicated (Class B) - $1200 fine, $412.10 court cost, 12 months probation, 40 hours Community Service, attend and complete DWI education class.
• Shaddrick McCollister - Criminal Mischief (Class B) - $500 fine, $262 court cost, 60 days Shelby County Jail.
• Samuel Perez - Indecent Exposure (Class B) - $500 fine, $262 court cost, 45 days Shelby County Jail.
• Juan Perez - Driving While Intoxicated (Class B) - $1200 fine, $412.10 court cost, 12 months probation, 40 hours Community Service, attend and complete DWI education class.
• Michael Hill - Possession of Marijuana (Class B) - $600 fine, $322 court cost, 75 days Shelby County Jail.
• Michael Hill - Driving While Intoxicated (Class B) - $600 fine, $412.10 court cost, 75 days Shelby County Jail.
• Michael Hill - Possession of Controlled Substance (Class A) - $750 fine, $322 court cost, 75 days Shelby County Jail.
• Michael Hill - Driving While License Suspended (Class B) - $500 fine, $262 court cost, 75 days Shelby County Jail.
• Christopher Askew - Resisting Arrest (Class A) - $700 fine, $292 court cost, 90 days Shelby County Jail
• Christopher Askew - Possession of Marijuana (Class B) - $600 fine, $322 court cost, 90 days Shelby County Jail.
• Guadalupe Valdez - Driving While Intoxicated (Class B) - $1200 fine, $412.10 court cost, 12 months probation, 40 hours Community Service, attend and complete DWI education class.
• Aung Win - Fleeing a Accident (Class B) - $600 fine, $262 court cost, Final Judgement.
• Stacy Samford - Driving While License Suspended (Class B) - $500 fine, $262 court cost, 6 months probation.
• Pamela Henderson - Driving While License Suspended (Class B) - $500 fine, $262 court cost, 12 months probation.
• Charlie McCowin - Driving While License Suspended (Class B) - $500 fine, $262 court cost, Final Judgement.
• Robert Stephenson - Driving While Intoxicated (Class B) - $600 fine, $412.10 court cost, 6 months probation, attend DWI education class.
• Juan Flores - Driving While Intoxicated (Class B) - $1200 fine, $412.10 court cost, 12 months probation, attend DWI education class, 40 hours Community Service.

February 1, 2016 - A dog attack inside the city limits of Center resulted in injury to one man and the death of his dog on January 13, 2016 at 9am.

The man who was attacked is Jerry Green, and he says there has been a problem at his residence for a long time with neighboring dogs coming to his property and being aggressive toward he and his wife. According to Green, the dogs have entered his yard and he and his wife have to fight them off with "clubs." He says he has called the police several times, and they have responded but there's not really anything they can do, because there are no laws in effect for such incidents.

"[That] morning, the same dogs came into my yard and attacked my little poodle dog. She was in my yard, she's blind and she's crippled. They came in there and they grabbed her, and I went to trying to get her and they turned on me and tore my hand and my arm all to pieces and jerked me down," said Green.

Green says the four dogs involved carried his poodle across the street from his home to where he pursued them and was finally able to get his dog away from the pack and chase them away. Although he was able to retrieve his dog, it was too late as her injuries were too severe for her to survive.

"The police department tells me they hadn't got any kind of laws in effect. The only thing I can do is sue [the dog owners] for my hospital bill and my veterinarian bill, and that don't mean that the people have to pay it, it just means if I win in court I'll have a settlement," said Green.

According to Green another of his dogs was a victim of the same pack in October 2015, which he says inflicted 287 puncture wounds on the animal, and incurred a veterinarian bill of around $1,000.

"There needs to be something done where people have to pay for compensation for people that their dogs wound," said Green. "If they can put a ordinance up there to close a park where you can't even walk in a park at 11 o'clock at night, looks to me like they could do something to take care of the people in Shelby County, the humans."

A hunter for years, Green says he hunts hogs all the time and not a single hog has gotten him yet, because he has more ability to protect himself in the woods than at his home, within the city limits. He says he fears for any of his neighbors that have children.

Shelby County Today contacted Center Police Chief Jim Albers about the incident to learn what was able to be done in relation to the attack.

"The neighbor had five dogs, all the dogs were picked up, they're all in our custody. We will hold them 10 days, check them for rabies, and we will write the owner of the dogs a class c ticket for not having their rabies tags. That's about all we can legally do," said Chief Albers.

Chad Nehring, Center City Manager, stated that many years ago the city of Center adopted and enforces the state rabies law and the dangerous dog act. He stated if a situation were ever to occur where there is speculation on the animal having rabies, the city has the ability and authority under state law to have a rabies test performed, which unfortunately for the animal does result in its death.

"In many cases it's more of a civil matter than it is a criminal matter, but yes there are criminal charges that are available to be taken against the owner of an improperly secured, maintained or in some cases vaccinated animal," said Nehring.

According to Nehring, anyone within the city limits whose dog does not have a rabies tag can receive a ticket for that offense.

Rabies Control Act
Dangerous Dog Act

January 28, 2016 - During the January 25, 2016 meeting of the Tenaha City Council, Mayor Orinthia Johnson announced he would not be seeking re-election as mayor this election. The announcement was not something which was on the agenda, and although it appeared the mayor already had an announcement prepared, it seemed the announcement was possibly spurred forward by one councilman suggesting leadership was absent and another not trusting his ability to handle additional financial responsibility.

During conversations over strife between city department heads, Councilman Tommy Rinkle stated he believed some of those issues were Johnson's fault and were due to a lack of leadership. When discussion was had during the meeting in reference to increasing the purchasing threshold of Mayor Johnson for necessities of the city, Rinkle suggested it be raised to $1,500 while Councilwoman Natalie Harris preferred the amount to not exceed $750, to which Johnson took to mean there was a level of distrust in his ability.

"So, y'all think I can't make good decisions about if we spend? I know common sense of coming to the council," said Johnson.

A motion made by Michael Baker seconded by Tommy Rinkle, carried and was approved allowing the mayor discretion of approving purchases of $750 to $1,500. Rinkle then made a motion, in reference to paragraph 2 of 2.11 purchasing, to raise the limit from $25 to $500 to read "$2,500 to $750." This is a motion which may need to be corrected at the next council meeting.

Claudine Howard, representing the Tenaha Economic and Development Committee (EDC), addressed the council and asked that they consider the recommendation of the EDC to accept the offer of $250,000 from BNSF for the closure of Railroad Street, which according to Howard would be paid within 45 days. There was the possibility if the city waited until 2018, the receipt of $300,000 was possible; however, according to Howard the mediator of the deal suggested this was a risk and might leave the city receiving nothing if they were to wait.

Following a brief discussion of the available options a motion carried and was approved to accept the $250,000 offer.

Tenaha City Marshal Jimmy Wagstaff gave his report for the City Marshal's office. He stated the total number of citations for November and December is 173, and 30 calls for service. Rinkle asked about an update on break-ins which have been occurring recently in Tenaha as he heard someone had been apprehended. Wagstaff confirmed an individual was arrested in Longview and it's believed the individual could be part of the break-ins, but there was not 100% proof at the time of the meeting.

Stacy Cranford gave the report from the water department and he updated the council on the alleged violations against the city regarding the water system. A letter was received from the Texas Commission on Environmental Quality (TCEQ) stating no further action is required concerning the investigation. Cranford explained this letter was the product of the last inspection of the water department by TCEQ.

A second letter from TCEQ, referencing the reason Cranford was hired after the city had been penalized over $38,000, stated the only remaining issue is the city must have three consecutive months of discharge monitoring reports reflecting compliance at the wastewater plant. Cranford stated once the wastewater plant reached that point, the inspector can begin the process of closing the case.

Cranford gave a report on loss of water for the city, in the month of October, the city was showing a loss of 6 million gallon loss per month of water. By November the city was able to cut that back to 3.4 million and in December 2.9 million. Cranford stated he feels part of the reflected loss can be attributed to metering issues.

Two issues which were to be discussed in executive session under personnel matters were the weekly hours of Judge Jenny Hicks and an "incident" of January 14, 2016. When the council returned from executive session into the main meeting room, before the council returned to open session, Clark questioned Rinkle the result of the council's discussion of the incident as she expected to be included on the discussion. Rinkle stated the council did not discuss the incident because the other party was not present.

Agenda items approved include:
1. Accept the $250,000 offer from BSNF for Railroad Street closure.
2. Minutes from the regular meeting held on November 16, 2015.
3. October 19, 2015 meeting minutes correction.
4. Financial Statements for the months of November and December 2015.
5. Permit KSA to study the City’s WWTP capability to receive the Pilgrim’s Pride feed mill waste stream.
6. Authorize Elizabeth Swint to participate in collections for the Municipal Court.
7. Rate of pay amendment to pay for overtime, over 40.
8. Non-hourly employees to turn in time sheets.
9. Update the water deposit process applied to water customer accounts that have been turned off. In the event a customer water meter is cut off they have to get current with deposit rates.

Tabled:
1. Establish PO process to comply with handbook.

January 29, 2016 - State Highway 87 North near the intersection of FM 1645 was the scene of a near tragic two-vehicle crash Friday morning, January 29, 2016.

According to Texas Department of Public Safety State Trooper Cpl. Jimmy Faulkner, at 5:40am a white 1989 Ford pickup truck driven by David Emanis, 28, of Center was traveling north on SH 87 when he crossed over into the southbound lane. At that time a black 2008 Cadillac driven by Jonathan Morales, 25, of Timpson was traveling south on SH 87 and when Morales witnessed the pickup truck in his lane he took evasive action; however, the vehicles still collided on the right side. Each vehicle came to rest on the northbound shoulder with the Cadillac facing away from the roadway and the pickup truck coming to rest facing the road.

Timpson Volunteer Firemen, and the Shelby County Sheriff's Department were dispatched to the scene, and the Timpson Police Department was on scene to assist. ACE EMS arrived to care for those involved in the crash. No injuries were reported as a result of the crash and those involved refused treatment.

Emanis was issued a citation for wrong side of road not passing.