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March 13, 2023 - The week of March 5th through 11th was an active one for the Joaquin Volunteer Fire Department with a grand total of 8 calls responded to. Here’s a summary of the week’s events.
On Sunday at 12:41pm a call was received for a grass fire spreading toward a home on County Road 3000. The homeowner was able to get much of the fire under control before the JVFD arrived, but the yard was still sprayed down again with a brush truck to prevent any flare ups.
Monday morning at 9:18am a call came in for a female having trouble breathing at a residence on County Road 3598. The EMR team responded in association with Allegiance EMS to help the patient.
On Tuesday two calls were received within minutes of each other, with the first being a male with chest pains on County Road 3822, and the second being the same patient from Monday on County Road 3598 with breathing trouble.
Wednesday morning at 6:23am a page was received regarding a man who was not breathing at a residence on Highway 84 East. It is unknown how long the man had not been breathing but, despite efforts made through CPR to restart his breathing, he was pronounced deceased at the scene.
Wednesday evening at 5:47pm a call came in for a man having a mental episode at a residence on Highway 7 East. The EMR team attempted to calm down the man, but he was later taken into the custody of the Shelby County Sheriff’s Office.
Thursday morning at 11:11am the EMR team was called to help Allegiance EMS with a lift assist on Carroll Street.
Lastly, on Friday night a page came in for an unresponsive male at the Joaquin Apartment’s on Highway 84 East. The JVFD medical team responded, as well as Allegiance EMS, to check out the patient. The scene was cleared once it was found that the patient’s vitals were good and they had regained their alertness.
With that, this edition of the report will come to a close. The Joaquin Volunteer Fire Department hopes everyone has a great and safe week ahead.
March 12, 2023 - Shelby County Commissioners decided March 1, 2023, to move forward in assisting the Texas Department of Public Safety by supplying the funds for the purchase of a device to access a vehicle Event Data Recorder (EDR).
District Attorney Karren Price and Texas Department of Public Safety State Trooper Taylor Buster presented the Shelby County Commissioners with a proposal for equipment necessary for crash investigations.
“Each of you in your precinct can remember a wreck or an incident where, had we been able to download the box on the vehicle quickly, we might have a different result at the end of the day,” said Price.
Price described two main ways data is extracted from the EDR via a Crash Data Retrieval (CDR) with the first being by consent of the driver, and the other being a search warrant issued by a District Judge. She assured the commissioners there wouldn’t need to be a worry about an officer just accessing the EDR on a whim, because that would be a civil rights violation of the fourth amendment resulting in federal charges.
“DPS doesn’t buy these pieces of equipment for their own staff to use,” said Price. “Counties have to buy it, DPS is in charge of it, they keep custody care and control of it at all times. No one else in the county is able to do that, no one else in the county is certified to do that, to use that equipment.”
The equipment would be assigned to Trooper Buster for him to use, because Price said he is the only one in the county that will be certified and be responsible to use the equipment. Price said the proposed purchase will cover every make of vehicle with the exception of Kia and Hyundai. She said Nacogdoches County is buying the equipment which will work with Kia and Hyundai which will put it in a neighboring county.
That way neither county will have to carry the entire financial burden and, when necessary, the troopers can share the equipment. There is an annual fee for updates of software to the CDR. Price explained to the commissioners they would not have to bid for the equipment since Bosch is the only manufacturer of the CDR.
Trooper Buster explained there are several variables involved in the information gathered by the CDR from different vehicles.
“Toyota’s more diverse, it’s going to have a lot more data that’s collected,” said Trooper Buster.
According to Trooper Buster, there is a national standard that all vehicles must meet, and although the EDR is very much like a “black box” which would be included in an airplane that would be a misnomer because it doesn’t collect the exact same data.
“It’s not recording voice, it’s not recording like a airplane would record your cockpit and everything else,” said Buster.
He elaborated that the EDR is recording things like vehicle speeds, and whether brakes activated or not.
“Toyota before, I believe it was 2012 on a Toyota they had limits, they didn’t record speeds higher than 78.8 miles an hour,” said Trooper Buster. “The newer vehicles are recording higher speeds than that. You have some that when you plug into it it’s going to tell you that they were going 120-130 miles an hour. Now to go into court with that, we’re still going to use the math, but that gives us a checking point to where when I run the numbers on the side of the road from a skid mark and I download that, I’ve got something to give the District Attorney or the County Attorney in that case to back up the charges that we’re using as more evidence.”
Price interjected there currently is a case where the equipment used for extraction of data was second generation, and the vehicle being investigated was first generation, and there was a .03 difference in the math between that which Trooper Buster performed and the math of the device.
“The problem with the case, the difficulty in the proof of the case the evidence is that 78.[8 mph] is the highest that we record,” said Price. “The speedometer broke at 84 [mph], so the question is gonna be what was he really doing when the speedometer broke?”
She further explained speedometers don’t necessarily break at the highest speed, or indicate the exact highest speed of the vehicle. Price stated the new equipment will catch all of that data accurately every time.
Price further explained the CDR will remove the doubt in both criminal and civil cases involving liability when the deciding factor may be .03% of one mile per hour.
Trooper Buster shared there have been times when they have needed access to a CDR, and before the equipment could make it to Shelby County for use, enough time would pass so that the vehicle in question may have been crushed and cease to be available.
“It will benefit us, because we will have one that we will be able to collect the data and the evidence from the side of the road, or there shortly after that crash has occurred to where we will be able to prove our case,” said Trooper Buster.
The quote for the purchase includes an annual fee of $1,500 for yearly updates to software, this also had what is called a TEDR kit which is specific to Tesla and has a one time download of software for Tesla as well as cables, adapters, power to perform in-vehicle and direct to module downloads on Tesla Model 3, Y, S and X vehicles.
“On the Tesla they have no subscription annually, there is no annual renewal fees on the Tesla. Tesla says, ‘here is all of our cables, here is our box to download the Teslas,” said Buster.
He remarked there are many Teslas on Shelby County roads even now. Trooper Buster said the county, citizens as a whole and the city of Center will benefit from the purchase of the equipment.
A motion carried by the commissioners to use the remainder of the Coronavirus Relief funds for part of the purchase and to take the rest out of the contingency fund. The total amount on the quote was $32,625.
The commissioners considered a Resolution clarifying the closure of two portions of County Road 2794, containing 0.427 acres and 0.151 acres in Precinct 2 and adopting a 0.627 acre tract designated as County Road 2706, this Resolution will correct the Resolution adopted January 12. 2022.
“Mr. [John] Price, [County Attorney], has worked tirelessly on this to get this straightened out, but we’re going to have a good deed to that road,” said Judge Harbison.
County Attorney Price explained the adoption of the resolution will clear up the description from the January 2022 meeting where the item was approved as far as acceptance of the new road, but it will also close out those portions of County Road 2794 which will be abandoned.
“I think Commissioner [Jimmy] Lout has seen the road, and I’ve seen pictures of the road, they did an awfully good job constructing that new road down there,” said Price.
A motion carried by the commissioners to approve the resolution to approve the permanent closure of two portions of County Road 2794.
Judge Harbison related that she and County Attorney Price met with the city of Center and their maintenance department to discuss installing a manhole and addressing a sewer issue at the jail by installing a sewer screen.
A motion carried to approve the change order for the project Whitaker Plumbing is working on from $150,000 to $162,000.
The meeting adjourned at 10:08am.
Agenda items approved during the meeting include: 1. Pay weekly expenses. 2. Current payroll. 3. Purchase EDR equipment for use by DPS. 4. Resolution clarifying the closure of two portions of County Road 2794, containing 0.427 acres and 0.151 acres in Precinct 2 and adopting a 0.627 acre tract designated as County Road 2706, this Resolution corrects the Resolution adopted January 12. 2022. 5. Change Order No. 1 to amend the "Shelby County Jail Emergency Repairs Agreement" with Whitaker Plumbing. 6. Adjourn at 10:08am.
March 10, 2022 - Predator Poachers, a group of private citizens out of Houston, Texas, assisted in initiating the arrest of a Timpson man for soliciting a minor for sex at a local retail store in Center.
According to the Center Police Department, they were called to the Tractor Supply on Friday evening, March 3, 2023 and upon arrival located four individuals near the loading dock on the side of the store. The first officer on scene was notified immediately of an undercover operation by private citizens regarding a child predator who had solicited sex from a person the predator believed to be a 13-year-old female.
The Center Police Department began their investigation and James Alan Burke, 33 of Timpson, was arrested. At the time of the incident, he was an employee of the store. Burke was taken into custody without incident and charged with Online Solicitation of a Minor as well as four counts of Failure to Comply with Sex Offender Requirements. He is currently being held in the Shelby County Jail with a bond of $675,000 for the charge of Online Solicitation of a Minor and bonds of $100,000 on each of the four charges of Failure to Comply with Sex Offender Requirements for a total of $1,075,000 in bonds set by Donna Hughes, Justice of the Peace for Precinct 1.
The Center Police Department advised this is an ongoing investigation and no additional information is available at this time.
According to Texas Department of Public Safety records, Burke is a lifetime sex offender and his last reported verification on record was from July 21, 2022 with the Shelby County Sheriff’s Office. In 2013, Burke was convicted with sexual assault in the fourth degree in Arkansas where the victim was a 14-year-old female.
Predator Poachers makes online profiles of minor children and publishes them on different social media websites where a predator can message and solicit them for sex.
A video of the encounter with James Alan Burke was made and lasted over 1 hour starting from the moment the group walked into the store with a decoy until after the Center PD showed up on scene. At 4 minutes into the video, Burke is approached by the interviewer just as he is showing the girl the bathroom door.
The interviewer tells Burke he has everything saved from his correspondence with the 13-year-old showing him a stack of papers of the messages. He adds he just wants to talk to him. One of his first questions was “Why were you bringing her to the bathroom?” Burke replies, “I actually wasn’t going to do anything, I really wasn’t, I just was going to meet her.” He added, “I was wanting to meet her, she seemed cool.”
At 12 minutes, the interviewer is telling Burke he understands he is employed and a worker which is good and Burke adds, “Not to mention I’m ordained.” The interviewer replies, “Oh, you’re an ordained minister” and Burke answers, “Pagan minister, yeah.” As the conversation continues, the interviewer keeps working to get Burke to confirm the messages are his. Burke claimed some of the messages being presented were not him because his account had been hacked.
Burke confirms at just over 25 minutes that there were some requests for pictures but they were just getting carried away type of things. The interviewer asks point blank, “Did you ask for nudes?” and Burke grimaces as he nods saying, “But thankfully she declined.” He then turned to the girl decoy and says, “Thank you, by the way” and grins. The interviewer reiterated, “Ok, but you asked for…” and Burke repeats in a louder tone, “It was requested but thankfully she had a better mind.” Burke then looks at the girl decoy and asks her how old she is and she replies 26. Burke then adds, “They still would have been legal nudes. Thankfully.” The interviewer replies, “Well this isn’t, you weren’t talking to her, this is just somebody that looks like her. But honestly you were requesting pictures of who you thought was 13. So, you know.”
The interviewer pushed Burke more regarding exactly what pictures he requested and Burke just kept saying “thankfully nothing was sent and I’m really glad.” Burke gave the excuse of it was just getting carried away. The more the interviewer read out loud the requests Burke made of the 13-year-old, Burke covered his eyes saying, “Yes, yes, yes, I know, I’m not going to deny it. I just don’t want to be in trouble. I really don’t.” The interviewer offered some sympathy and suggested maybe it’s too much time on the internet. Burke replies that he is going to delete all his accounts. Their conversation continued regarding the different social media platforms and the number of underage users online pretending to be older.
After checking on something at work, Burke returns to talk. The interviewer continued addressing the messages between Burke and the 13-year-old. The messages from the night before their scheduled meeting were very graphic descriptions of things they could do. One of the least graphic messages from Burke the interviewer read aloud included, “I crave you. You want me to be your first.”
The interviewer got more direct saying this isn’t rookie stuff and I think you got carried away. Burke confessed in reference to the 13-year-old, “I was not going to force it… if she was willing, yeah.” The interviewer asked, “Was sex going to happen if she was willing,” and Burke covered his month and responded, “Most likely. If I didn’t back out, because, you know, the fear of getting caught.”
At 1 hour and 4 minutes, the Center Police Department showed up on scene. Burke quickly talks to the officers saying they are just talking about stuff in Fort Smith, Arkansas when the interviewer says, “He invited a 13-year-old girl to his work to have sex with her and has child porn that he’d received.” Burke said, “There weren’t no porn.” A camera person with the citizen group added, “He’s also a sex offender on the run.”
As the officer is talking to the interviewer, Burke can be heard saying repeatedly, “I’m going to jail. I’m going to jail.” When the officer is informed Burke has a warrant out of Fort Smith, Arkansas, Burke responds, “It is an in state pickup only.”
Bullet entry of victims vehicle
March 10, 2023 - Sheriff Kevin W. Windham reports the arrest of Michael Barbee, 56, of Nacogdoches.
On March 9, 2023, at approximately 7:18 p.m., a call was received through the Telecommunications Center at the Shelby County Sheriff’s Office (SCSO) in reference to shots fired at the car wash near Timpson Quick Stop. Constable Precinct 5 Josh Tipton was first to arrive on scene and began gathering information from witnesses. Deputies arrived on scene, and learned that Barbee allegedly fired shots at two individuals, and that the gunfire struck an innocent bystander. The suspect and victim left the scene before deputies arrived, and SCSO investigators began searching for all involved parties.
At approximately 10pm, investigators located the shooting victim in Carthage, and interviewed him in reference to the incident. At approximately 11pm, investigators learned that the suspect was in Nacogdoches. Investigators contacted Nacogdoches Police Department (NPD), and NPD located the suspect at a gas station and detained him until SCSO investigators arrived. Once on scene, investigators arrested Barbee on three counts of Aggravated Assault with a Deadly Weapon. Barbee was transported back to Shelby County and booked into the Shelby County Jail where he is being held on bonds totaling $150,000 set by Donna Hughes, Justice of the Peace for Precinct 1.
The victim who sustained the gunshot wound was not critically injured.
The SCSO would like to thank Constable Precinct 5 Josh Tipton; Constable Precinct 4, Taylor Fanguy; Constable Precinct 2 Jamie Hagler; Constable Precinct 1 Zack Warr; Texas Department of Public Safety; Nacogdoches County Sheriff’s Office; Nacogdoches Police Department; and Carthage Police Department for their assistance with this situation.
Related article: Timpson Fuel Station Scene of Reported Multiple Gunshots (Updated)
Shelby County Sheriff's Investigator Aaron Jones is seen going over details with Sheriff's Deputy Cody Muse.
March 9, 2023 - Emergency personnel responded to the Timpson Quick Stop when multiple gun shots were reported from the area of the business’s car wash Thursday, March 9, 2023, around 7:18pm.
When law enforcement officials arrived at the scene of the incident, the suspect and potential victim had each fled the scene. The area of the car wash was cordoned off with crime scene tape as an investigation ensued.
Constable Josh Tipton, Investigator Chad Hooper, Constable Taylor Fanguy and Investigator Aaron Jones examine area of the Timpson Quick Stop Car Wash.
Officers with the Shelby County Sheriff’s Department, Constables from Precincts 2,4, and 5 were all at the scene working together along with Texas Department of Public Safety.
The Shelby County Sheriff's Department has provided updated information on this incident and suspect, Michael Babee, is in custody. See more information here: Barbee in Custody Following Shooting Incident in Timpson
At around 9:16pm, officers performed a final sweep of the cordoned off area for any remaining evidence.
Related article: Barbee in Custody Following Shooting Incident in Timpson
At 914 PM CST, a severe thunderstorm was located 8 miles southwest of Minden, or 16 miles south of Henderson, moving east at 20 mph.
March 9, 2023 - The National Weather Service, Shreveport, LA issued a Severe Thunderstorm Warning at 8:53pm, Thursday, March 9, 2023 until 10:00pm.
The Severe Thunderstorm Warning for is for Southwestern Panola County in northeastern Texas, Southern Rusk County in northeastern Texas, North central Nacogdoches County in eastern Texas, Northwestern Shelby County in eastern Texas, and East central Cherokee County in northeastern Texas.
Radar indicated at 8:52pm, a severe thunderstorm was located near New Salem, or 16 miles southwest of Henderson, moving east at 20 mph.
Hazardous weather includes 60 mph wind gusts and quarter size hail.
Impact includes hail damage to vehicles is expected. Expect wind damage to roofs, siding, and trees.
Locations impacted include Garrison, New Salem, Minden, Trawick, Cushing, Appleby, Mount Enterprise, Reklaw, Lawsonville, Glenfawn, Brachfield, Dotson and Laneville.
PRECAUTIONARY/PREPAREDNESS ACTIONS...
For your protection move to an interior room on the lowest floor of a building.
March 8, 2023 - Crews are beginning this week to install a new four-way stop on SH 7 at Loop 500 in Shelby County.
Work will include the installation of the new stop signs and advanced flashing beacons in Center after a traffic study was completed and it was determined that safety would be enhanced with the addition of a four-way stop. The location is currently a two-way stop. The project is expected to be completed in several weeks, weather permitting. Enforcement of the new stop signs will begin once work is completed.
Allstate Signal and Construction, Cypress TX, is serving as contractor for the $899,492.37 construction project that was approved by Texas Transportation Commissioners in August 2022.
Motorists should be aware of workers and equipment at the site. Reduce speed and obey all traffic control as the new stop signs are placed.
For more information, contact Rhonda.Oaks@txdot.gov or call (936) 633-4395.
Map of the projected burn area.
March 8, 2023 - Officials with the National Forests and Grasslands in Texas, Angelina Sabine Ranger District will be conducting a controlled burn today, March 8, 2023 in Shelby County in the location of Boles Field (East of Shelbyville). Ignition time is 10am and the size is 1,498 Acres. The burn type is hand and aerial ignitions and has an estimated completion time of 7pm.
- Smoke: Winds are out of the Southwest and drift smoke may be noticeable Northeast of Shelbyville.
- Forest and Unit: Sabine National Forest, Boles Field Northwest, Compartments 9,10,13, part of Block A (Everything West of FS RD 142).
Smoke will impact areas around the prescribed burn, and long-range drift smoke may be present during and after ignition operations.
Please drive with caution. Ground personnel will be operating in the area and smoke may impact visibility on local roads and highways near the burn unit.
For more information, contact the Angelina Sabine Ranger District at (936) 897-1068 or (409) 625-1940
U.S. Forest Service Prescribed Burn Tracker:
Southern Region Prescribed Burn Accomplishment Tracker (arcgis.com)
May 8, 2023 - On Sunday, March 5, 2023, the West Shelby County Volunteer Fire Department (WSCVFD) responded to a fire on the side of State Highway 7 near the roadside park. The fire was caused by a blown out tire on the trailer of an 18-wheeler. The fire burned along the ditch but was put out before it got out of hand.
Also, on Monday, March 6th, there was a single-vehicle crash caused when a Ford Explorer struck a deer crossing the highway. Thick fog was probably a contributing factor for the crash.
March 8, 2023 - County Road 3326 is now open.
February 7, 2023 - Commissioner Pct. 3 Stevie Smith has closed the east end of County Road 3326 for two weeks to build head walls.
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