Shelby County Today

July 23, 2024 - The Shelby County Commissioners recognized $400,000 in interest to the budget during their meeting held June 26, 2024.

The commissioners considered a FY2024 budget amendment to recognize additional interest income and increase the courthouse repairs expense budget.

Clint Porterfield, County Auditor, outlined three projects that total around $350,000 in expense to the county.

“Three things that have happened that constitute making this budget amendment, one, annex repairs which have been extensive and are still ongoing. The elevator basically the rebuild that we're going to do, and then the roof at the Annex which we just discussed. So, those three things are over $350,000,” said Porterfield.

The commissioners were provided with details reflecting an interest income received over budget of $426,751.56, bringing the total to $726,751.56.

Commissioner Roscoe McSwain moved to increase the Courthouse Repairs fund by $400,000 with money from the Interest fund as presented by Auditor Porterfield, the motion was seconded by Commissioner Jimmy Lout. The motion carried.

Ann Blackwell, County Treasurer, commented on a couple of invoices received and the first was for repair to the elevator in the active courthouse from American Elevator Technologies in the amount of $4,952.87, and she also referenced receiving an invoice from A-lert Roof Systems in the amount of $56,615, which was under the proposed amount for repairs to the Courthouse Annex building.

Blackwell stated that even though the majority of the SWEPCO utility bills arrive in enough time to be paid around the same time, there are some that can come in later. She referenced two received fro the Historic 1885 Courthouse, at an amount of $1,681.44, and for the active courthouse, at an amount of $2576.44, for a total of $4,257.88 Blackwell asked to be added to the weekly expenses for payment.

Commissioner Stevie Smith, moved to pay the weekly expenses including the two additional bills, and the motion was seconded by Commissioner Tom Bellmyer. The motion carried.

The commissioners were presented with a memorandum of agreement to consider between Burke Center and Shelby County for the purpose of receiving grant funds to be utilized by the Sheriff’s Department to establish a mental health deputy program.

Melanie Taylor, Burke Center CEO, said that five counties partnered with Burke Center on the grant and that $750,000 per year for two years has been approved for the program.

“There's five counties that partnered with us to do the grant, and we got $750,000 per year for two years, and we're very optimistic that the grant will be extended,” said Taylor. “The legislature solved a need. Our crisis intervention has increased dramatically over the last few years, not only the number, but the severity. I mean, the Sheriff Department can attest to that and most of the time the first responder to a crisis is your law enforcement officer.”

Taylor explained the application was made for the mental health deputy grant and it allows the county to hire a mental health deputy or use a current deputy to have the specialized training in mental health crisis intervention, allowing the Sheriff’s Department and Burke to work collaboratively with their mental health professionals and law enforcement who has a specialized training to help prevent people from living in jail or in emergency rooms. Taylor said it offers 75% and then the county does a 25% match.

“We currently have a mental health deputy who is Jim Ed Matthews. He basically anytime night or day he responds to a mental health crisis that we may have he's also over probably 90% of our mental health transports at this time,” said Shelby County Sheriff Chief Deputy Chad Hooper.

Chief Hooper said that while the meeting was ongoing, Matthews was transporting someone to Conroe while another officer was transporting individuals “in crisis” to Lufkin.

“I think the grant is a great asset to us why not let the state help pay for these issues. It would free up another deputy position, not that we have people meeting at our doors to fill them, but I think coming up with 25%, if they're going to pay the 75% would be great,” said Hooper.

Hooper explained the grant would pay for everything an officer needs, including a vest, computers, patrol car lease, fuel for transportation. He said that 99% of the people they transport are to Conroe, or south of Houston, which is expensive aside from the pay for the deputy, wear and tear on a vehicle and fuel.

Commissioner Bellmyer moved for the county to engage in the agreement with Burke Center contingent on the corrections County Attorney pointed out, and the motion was seconded by Commissioner Roscoe McSwain. The motion carried.

The commissioners considered requesting bids for four belly dump trailers for the Road and Bridge Department to be paid from American Rescue Plan Act funds. 

Commissioner McSwain moved to request bids, and the motion was seconded by Commissioner Lout. The motion carried.

The meeting adjourned at 10:08am.

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

2. FY2024 budget amendment to recognize additional interest income and increase courthouse repairs expense budget.

3. Memorandum of Agreement between Burke and Shelby County for the purpose of receiving grant funds to be utilized by the Sheriff’s Department to establish a mental health deputy program.

4. Request bids for four belly dump trailers for the Road and Bridge Department to be paid from ARPA funds.

5. Adjourn 10:08am.

July 19, 2024 - The City Council adopted animal control ordinances most recently in 1998 to assist in stray animal population control, state rabies regulations and dangerous dog sections of State law. The Center Police Department is responsible for enforcing those ordinances and responding to animal complaints including nuisances and dangerous animal situations.

Due to the exhibited and unacceptable conditions of the holding facility Tuesday via social media, the Center Police Department was directed Tuesday evening by the City to suspend activities for animal control capture or impoundment until the situation was resolved and adjustment to procedures for alternative approaches to enforcement can be presented and reviewed. The Center Police Department participated with investigation of conditions from holding of stray and abandoned animals and initiated action to address animals on site.

The facility is on City property, not operated by the City but has been allowed to be utilized as a temporary holding facility by individuals providing contract services as a vendor for animal control activities. Subsequently, the contracted vendors providing services were charged for the conditions at the site. The animals that remained at the holding facility were either rehomed or have been scheduled to be sheltered. The site will be vacant and unavailable for any use. Actions were taken to address the unacceptable conditions while initiating administrative review of this situation and related operations. This matter remains under continued investigation.

The Center Police Department will not be responding to any abandoned or stray animal complaints during this period but will respond to emergency situations. State and local laws will be reviewed or amended by City Council as appropriate and a thorough examination of alternative approaches to enforcement of those revised statutes will be evaluated including anticipated partnerships with potential or existing animal shelter operations.

July 18, 2024 - A Shelby County Grand Jury handed down 23 indictments on Wednesday, July 16, 2024. The grand jury was impaneled for the July 2024 term of the 123rd/273rd Judicial District Courts. Five of the indictments were for James Alan Burke, the target of an undercover investigation of online solicitation of a minor that resulted in his arrest on March 3, 2023. (Child Predator Undercover Operation Catches Timpson Man).

Stacey Buford Wells was indicted for injury to a child, elderly individual, or disabled individual, third degree felony. The indictment alleges, on May 28, 2024, Wells caused bodily injury to Kathey Tuckers, an individual 65 years of age or older, by hitting, scratching, and biting her repeatedly. (273rd Judicial District Court)

David L. Godwin was indicted for unlawful carry weapon with felony conviction, second degree felony. The indictment alleges, on November 22, 2023, Godwin recklessly carried a handgun on or about his own person while not on his own premises or premises controlled by him, or while en-route to a motor vehicle or watercraft that he owned. The indictment further states, Godwin was prohibited from possessing a firearm at that time due to a previous felony conviction for possession of a controlled substance and possession with intent to deliver on November 22, 2023. (123rd Judicial District Court)

Armando Javier Huerta was indicted for engaging in organized criminal activity, first degree felony. The indictment alleges, on April 8, 2024, Huerta with intent to establish, maintain, or participate in a combination or in the profits of a combination consisting of Huerta, Ricardo Rodrigues, Jonathan Vincente, Marlena Poore and an unknown man, who collaborated in carrying on the hereinafter described criminal activity. The indictment further alleges conspiracy to commit the offense of unlawful possession with intent to deliver a controlled substance or dangerous drug, in possession of stolen property and weapons by agreeing with each other that they would engage in conduct that constituted the offense, and Huerta, Rodriguez, Vincente, Poore, and unknown man, performed an overt act in pursuance of the agreement, namely, unlawful possession of stolen property and weapons. (273rd Judicial District Court)

(Some of the following content contained within indictments is of a sensitive nature and may not be suitable for younger viewers.)

James Alan Burke was indicted for possession with intent to promote child pornography with a previous conviction, first degree felony. The indictment alleges, on December 21, 2022, Burke possessed with intent to promote visual material that visually depicted, and that Burke knew visually depicted, a child who was younger than 18 years of age at the time the image of the child was made, engaging in sexual conduct, namely actual deviate sexual intercourse. Prior to the commission of foresaid offense, on October 30, 2024, in Sebastian County, Arkansas, Burke was convicted of 4th Degree Sexual Assault. (273rd Judicial District Court)

James Alan Burke was indicted for possession with intent to promote child pornography with a previous conviction, first degree felony. The indictment alleges, on December 21, 2022, Burke possessed with intent to promote visual material that visually depicted, and that Burke knew visually depicted, a child who was younger than 18 years of age at the time the image of the child was made, engaging in sexual conduct, namely actual lewd exhibition of the genitals. Prior to the commission of foresaid offense, on October 30, 2024, in Sebastian County, Arkansas, Burke was convicted of 4th Degree Sexual Assault. (273rd Judicial District Court)

James Alan Burke was indicted for possession with intent to promote child pornography with a previous conviction, first degree felony. The indictment alleges, on December 21, 2022, Burke possessed with intent to promote visual material that visually depicted, and that Burke knew visually depicted, a child who was younger than 18 years of age at the time the image of the child was made, engaging in sexual conduct, namely actual sexual intercourse. Prior to the commission of foresaid offense, on October 30, 2024, in Sebastian County, Arkansas, Burke was convicted of 4th Degree Sexual Assault. (273rd Judicial District Court)

James Alan Burke was indicted for possession with intent to promote child pornography with a previous conviction, first degree felony. The indictment alleges, on December 21, 2022, Burke possessed with intent to promote visual material that visually depicted, and that Burke knew visually depicted, a child who was younger than 18 years of age at the time the image of the child was made, engaging in sexual conduct, namely actual sexual intercourse. Prior to the commission of foresaid offense, on October 30, 2024, in Sebastian County, Arkansas, Burke was convicted of 4th Degree Sexual Assault. (273rd Judicial District Court)

James Alan Burke was indicted for possession with intent to promote child pornography with a previous conviction, first degree felony. The indictment alleges, on December 21, 2022, Burke possessed with intent to promote visual material that visually depicted, and that Burke knew visually depicted, a child who was younger than 18 years of age at the time the image of the child was made, engaging in sexual conduct, namely actual sexual intercourse. Prior to the commission of foresaid offense, on October 30, 2024, in Sebastian County, Arkansas, Burke was convicted of 4th Degree Sexual Assault. (273rd Judicial District Court)

(Dates in parenthesis indicate the date of the alleged incident):

• Michael Dewayne Watts, possession of a controlled substance PG1/1-B >=1G<4G (phencyclidine), third degree felony (January 29, 2024). (273rd Judicial District Court)
• Michael Ray Foxworth, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (February 18, 2024). (123rd Judicial District Court)
• Joel B. Fleming, possession of a controlled substance PG1/1-B >=1G<4G (methamphetamine), third degree felony (March 17, 2024). (273rd Judicial District Court)
• Esteban Lucio-Melendez, possession of a controlled substance PG1/1-B <1G (methamphetamine), state jail felony (April 22, 2024). (123rd Judicial District Court)
• Destinee Berana Adams, possession of a controlled substance PG1/1-B <1G (methamphetamine), state jail felony (April 2, 2024). (273rd Judicial District Court)
• Johnny Ray Green, possession of a controlled substance PG1/1-B >=1G<4G (methamphetamine), third degree felony (April 15, 2024). (123rd Judicial District Court)
• Brent Howard Denby, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (May 23, 2024). (273rd Judicial District Court)
• Kenneth Grimes, prohibited substance in a correctional facility (methamphetamine), third degree felony (February 8, 2024). (123rd Judicial District Court)
• Elizabeth Christine Fanning, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (February 18, 2024). (273rd Judicial District Court)
• Michael Aaron Robinson, possession of a controlled substance PG1/1-B <1G (methamphetamine), state jail felony (January 19, 2024). (273rd Judicial District Court)
• Dennis Keith Mann, possession of a controlled substance PG1/1-B >=1G<4G (cocaine), third degree felony (April 3, 2024). (123rd Judicial District Court)
• Stephanie Michelle Jackson, possession of a controlled substance PG1/1-B >=1G<4G (phencyclidine), third degree felony (January 29, 2024). (123rd Judicial District Court)
• Armando Javier Huerta, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (April 8, 2024). (273rd Judicial District Court)
• Derek Wayne Hendricks, possession of a controlled substance PG1/1-B >=4G<200G (methamphetamine), second degree felony (March 13, 2024). (123rd Judicial District Court) 
• Dmarco Kevon Johnson, possession of a controlled substance PG1/1-B >=4G<200G (psilocin), second degree felony (March 3, 2024). (273rd Judicial District Court)

Indictments and Information are not a conviction, and are a matter of public record. All individuals are presumed innocent until found guilty in a court of law.

July 18, 2024 - Emergency personnel responded to a major cash incident just outside of Tenaha on U.S. Highway 59 Wednesday, July 17, 2024, at 3:48pm.

The crash involved an 18-wheeler and a passenger car, which had multiple occupants, approximately a mile-and-a-half from Tenaha. Tenaha Volunteer Fire Department was dispatched to the scene and Timpson Volunteer Fire Department arrived at the location to assist.

Airlift was requested to the location; however, air support was not able to fly at that time. Texas Department of Public Safety (DPS) State Troopers from Nacogdoches were dispatched to the scene to assist Shelby County Troopers.

According to information from the Texas DPS, the preliminary crash investigation indicates that a Mack truck tractor semi-trailer driven by Zachary Perez, 41, of Marshall was traveling northeast in the outside lane, followed by a Dodge Journey driven by Jonathan Toledo, 22, of Nacogdoches. It is reported that Toledo failed to control his speed and struck the rear of the semi-trailer.

Toledo, and two passengers, a 17-year-old female and a 5-year-old male child, were transported to Nacogdoches Medical Center by ambulance for treatment of non-life-threatening injuries. 

A 6-year-old female child was transported by ambulance to Nacogdoches Medical Center for treatment of life-threatening injuries. 

Perez was not reported to have been injured.

Toledo was cited for failing to control his speed and for failing to properly secure a child with a child safety seat.

According to DPS, this is an ongoing investigation, and no further information is available.

Shelby County Sheriff's Department deputies and Josh Tipton, Constable Precinct 5; as well as Taylor Fanguy, Constable Precinct 4; were on scene to assist DPS with their investigation.

DPS Troopers from Nacogdoches investigating the scene were Cpl. Trooper Austin Lunsford; Trooper Herbert Flores; Trooper Kody Moore; and Trooper Brinden Stephens. Shelby County Trooper at the scene was Daniel Dellenger.