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July 17, 2023 - Over the week of July 9th through 15th the Joaquin Volunteer Fire Department had 7 calls. Here’s a summary of the week’s events.
On Monday morning at 7:09am a call was received for an unresponsive person on County Road 3215. The JVFD medical team responded in association with Allegiance EMS and the patient was later transported by ambulance.
Early Tuesday morning at 12:47am the JVFD was dispatched to a possible fire on County Road 3315. This turned out to be the remnants of a control burn from earlier in the day.
Tuesday morning at 11:13am a call came in for an 18-wheeler rollover on FM 139. When the Joaquin VFD arrived they found a gravel truck on its side in the ditch with the driver sitting on the ground outside the vehicle. Allegiance was scene shortly after and made the call to have the driver airlifted, so a landing zone was set up at the baseball field. The patient was loaded into the helicopter and taken to a nearby hospital with an injury to the head. Traffic was shut down on the road where the accident occurred while Texas DPS agents conducted their investigation. The road was reopened and the scene cleared once the truck was removed.
Wednesday night at 8:00pm a page came in for a fall patient with trouble breathing on County Road 3187. The JVFD med team and Allegiance arrived to help the patient.
Thursday afternoon at 3:09pm the JVFD was dispatched to a vehicle accident on County Road 3274 after the driver of an SUV struck an excavator. The driver was not harmed in the accident but the SUV was inoperable and had to be towed away.
Saturday morning at 3:36am a call was received for a female having chest pains on Private Road 302. The patient was checked out by the JVFD med team and Allegiance but decided against going to a hospital.
Saturday evening at 4:06pm a page came in for a single vehicle accident on Highway 7 East where the driver of a Dodge sedan ran off the road and hit a culvert. No serious injuries were reported.
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.
July 16, 2023 - Severe thunderstorm watch outline update for WS 498 NWS Storm Prediction center Norman, OK. 1:30pm CDT Sunday, July 16, 2023.
Severe thunderstorm watch 498 is in effect until 8pm CDT for the following locations.
Texas counties included are:
Bowie, Cass, Gregg, Harrison, Marion, Panola, Rusk, and Shelby.
July 13, 2023 - A Shelby County jury found Dwight Preston not guilty recently regarding the allegation of assault against elderly or disabled, involving a Center ISD student.
The charge on information stemmed from an incident that took place March 4, 2020, which alleged Preston, who was a paraprofessional at the school, caused physical contact with a disabled individual and should have reasonably known the contact would be regarded as offensive or provocative.
Trial was held June 6, 2023 in county court, as the charge was misdemeanor, and the trial was ruled over by Jim Payne, 273rd Judicial District Court Judge. After reviewing all of the information presented, according to court documents the six-person jury deliberated and came back with a finding of not guilty.
Preston’s attorney, Quinon Brooker was available for comment on the case and felt the allegation was necessary for review; however, he did wish the time it took to get to an end result had been less.
“When you saw the evidence, when you see the video, you could understand why it did have to be looked at,” said Brooker. “I think it did have to be looked at, I just wish that it didn’t have to take three years of his life to get to that point.”
The allegation was of a basic assault, but Brooker explained that since it was involving a disabled individual that exacerbated the situation.
“The interesting thing about it was there was a video and you have this video, which was very good quality and you can’t always say that,” said Brooker. “The video however, had no audio so in order to truly understand what was going on having audio would have been much better.”
Brooker described the facts alleged were that Preston had assaulted the student in the cafeteria in front of other students in a place where he knew a camera was located, while he was working.
“The video showed Mr. Preston grab the student and forcibly move the student from one seat to another,” said Brooker. “As we got into the testimony, you could see, the child put his head down on the table and put his hood over. I know from what [Mr. Preston] told me, the context of that [the student] was ignoring Dwight, at that point Dwight takes [the student’s] hood off says something to him, and then puts his hood back on and walks away.”
Brooker explained this action was being portrayed as Preston slamming the student’s head into the cafeteria table. Alternatively, Brooker says when someone watches the video they could clearly see Preston walk up to the student lift the hoody, lean in and say something to the student, replace the hoody and then walk away.
“We found out in testimony that the teacher, the actual instructor, she had never seen the video even that day, to this day she hasn’t seen the video, but she had heard about what happened,” said Brooker.
Brooker said the video was very clear and he felt County Attorney John Price, assisted by District Attorney Karren Price, tried a very good case; however, he believes the video that was presented was more helpful to Preston’s case rather than to the prosecution. Brooker believes without the video providing the jurors with a view of what actually occurred, there may have been a completely different outcome to the trial.
A point of contention which resulted in an argument between the defense and prosecution during trial, according to Brooker, was over Section 9.62: Educator-student of the Penal Code and whether or not it could be included in the jury charge.
“[It] allows an educator to use force to further a purpose or to maintain discipline in a classroom setting,” said Brooker.
Ultimately, Judge Jim Payne sided with the defense in allowing Section 9.62 to be included in the jury charge. See Section 9.62 here.
Brooker says Preston was doing what he thought was in the best interest of the children involved on the day of the incident, and he knew the child in question and was aware of his proclivities and behaviors.
“[Preston] was not even supposed to be there, he was actually walking another child to class and another one of the children that was sitting in the cafeteria called [Preston’s] name,” said Brooker.
According to Brooker, that child informed Preston the other student was sitting in the cafeteria and was not supposed to be sitting there, and not beside him.
“Dwight goes over, you can see him talking to the child from across the table, he has a backpack on because he’s leaving, he’s not even supposed to be in there, and the child doesn’t comply, he just sits there,” said Brooker. “Dwight says that the child said some choice words to him and Dwight was upset, so he goes around the table, picks the child up, and moves him to the other seat.”
Brooker elaborated the student was a child of larger stature and as a result was more difficult for Preston to move, which didn’t present a good appearance as he was attempting to move the student. He further explained to the jury it wouldn’t look good to see someone with their hands on their child.
“The child wouldn’t move, he was a larger child, and it took some strength or some force to move the child over,” sand Brooker. “He moved him over to the chair and he walked away, and then he said something else to the child, the child put his head down like, ‘I’m ignoring you,’ and then Dwight walked over, picked the hood up said something to the child, put the hood back down, and left.”
Brooker thinks proper procedures were followed in how school police investigated, and how it was handled by school staff, who all agreed an assault had occurred. He went on to describe a situation of students who were witnesses to what had happened taking their story home, and without an explanation, the school would possibly have had something for which to answer.
“Even though, they know the rule, they know [Section] 9.62, they know in dealing with disabled children or any child in school there are times when you have to grab a child to break up a fight, or you have to grab a child when he’s not being compliant with an instruction you may have to use some force,” said Brooker.
There is training for paraprofessionals and Brooker said they receive certification and go through training on how to de-escalate a situation, and if that doesn’t work they are even taught what kinds of holds to use in a situation where a de-escalation is unsuccessful.
“Mr. Preston had that certification at the time, had he testified we would have presented that certification, but we didn’t need to because ironically one of the state’s witnesses, who was also a paraprofessional, she testified that they had to receive that certification and that she had that green card as well,” said Brooker.
In addition to Preston’s work at the school, another thing he is well known for in the community is the Preston Football Camp which is a summer camp he has hosted for years, helping to educate children on the fundamentals of football.
“I hope that he’s able to get back into the community and do that work, it’s very important, I believe that he does it sincerely and he’s not looking for anything from it he just wants to give back, he loves Center, he loves Shelby County,” said Brooker. “I think he’ll be able to. Everything that I received from even those that testified for the state they were all like, ‘hey we love Dwight, this is unfortunate,’ even one of the officers that testified, he was so conflicted. You just could tell it was tearing him apart just to go up there and to report what he believed he had seen.”
Brooker hopes that can be a repaired relationship and Preston can go back and continue his work in the community, and only time will tell.
July 12, 2023 - Tenaha Street just north of the intersection with Hurst Street was the scene of a two-vehicle crash in Center on July 11, 2023.
According to Center Police Officer Michael Davidson, at 5:03pm a green Ford Explorer Sport Trac XLT driven by Luz Aguilar, 65, of Tenaha was northbound on Tenaha Street (U.S. 96) when a blue Chevrolet 1500 pickup truck driven by Michael Parmer, 19, of Center pulled out of a private driveway (fuel station) on the 1800 block of Tenaha Street and failed to yield right of way to Aguilar.
The Ford struck the driver’s side of the Chevrolet and both vehicles came to rest in the roadway.
Aguilar was transported to Nacogdoches Medical Center - Shelby Emergency Department by family for treatment of possible injury.
Parmer and his passenger Tony Smith, 39, of Center were not reported to have been injured.
The Ford was towed from the scene.
Center Fire Department personnel, as well as a West Shelby County Volunteer fireman, assisted at the scene with traffic control.
July 12, 2023 - The 88th Texas Legislative Session (2023) generated several bills focused on addressing water supply needs and flood mitigation efforts in Texas, as well as the science and planning that contribute. Many of these legislative efforts impact and support the work being done by the Texas Water Development Board (TWDB), the state's water and flood planning, science, and financing agency. Click here to visit Texas Water Newsroom to read regular session highlights that support the TWDB’s vital oversight in ensuring a secure water future for Texas.
The Texas Water Newsroom is produced by the Texas Water Development Board (TWDB).
July 12, 2023 - FM 139 in the Joaquin area was the scene of a truck tractor rollover on Tuesday, July 11, 2023.
Emergency personnel with the Joaquin Volunteer Fire Department, Shelby County Sheriff's Department and Constable Precinct 3 responded to assist those involved, as Texas Department of Public Safety (DPS) State Troopers investigated the crash scene.
According to information from DPS, Troopers investigated the crash involving a commercial motor vehicle on Farm-to-Market Road 139, approximately one-half mile north of Farm-to-Market Road 2787.
Preliminary investigation indicates that at approximately 11am, a 2012 Freightliner truck tractor semi-trailer driven by Terry Swearingen, 66, of Center was traveling south. It is reported that Swearingen was traveling at a speed which was unsafe around a curve and traveled into the east ditch, where the truck tractor overturned.
Swearingen was transported to LSU Shreveport for treatment.
This is an ongoing investigation, and no further information is available at this time.
July 11, 2023 - FM 947 was the scene of a single-vehicle crash during the early hours of Sunday, July 9, 2023.
Timpson Volunteer Fire Department and Josh Tipton, Constable Precinct 5, were first to respond to the scene of the crash after utility crews in the area reported discovering it. Fire personnel deployed Jaws-of-Life to help in extricating the driver from the vehicle.
According to Texas Department of Public Safety State Trooper Tim Grace, sometime before 1:07am a black 2010 Saturn 4-door SUV driven by Francisco Javier Flores, 21, was westbound on FM 947 when Flores drove on the wrong side of the roadway in a no passing zone and exited off into the ditch on the eastbound side, overturning several times before coming to rest on its top.
Flores was transported by Timpson Ambulance Service to Nacogdoches Medical Center - Shelby Emergency Department for treatment of possible injury.
The crash remains under investigation for suspicion of intoxication.
July 11, 2023 - U.S. Highway 96 North just south of Tenaha was the scene of a single-vehicle motorcycle crash.
According to Texas Department of Public Safety State Trooper Dustin Ramos, at 7:49pm on June 30, 2023, Troopers were dispatched to a one-vehicle motorcycle crash on U.S Highway 96 North. A 2006 Harley Davidson ridden by Lester Katan, IV, 37, of Tenaha was southbound on U.S. 96 when he turned around at Flat Fork Creek to head back northbound.
As the motorcycle traveled northbound, a defect on the motorcycle caused it to begin to wobble and Katan laid it onto its right side, and it began to skid.
Katan received injuries, and was transported by private vehicle Nacogdoches Medical Center - Shelby Emergency Department for treatment.
No citations were issued.
Taylor Fanguy, Constable Precinct 4, assisted at the scene with inventory of the vehicle and awaiting arrival of a wrecker to transport the motorcycle.
July 10, 2023 - Over the week of July 2nd through 8th the Joaquin Volunteer Fire Department had 5 separate calls. Here’s a summary of the week’s events.
Tuesday evening at 4:20pm a call was received for a grass fire behind a residence on County Road 3173. The Joaquin VFD responded with two brush trucks and made short work of the blaze.
Wednesday morning at 7:49am a page came in for an unresponsive 80-year-old male at a residence on Bonaparte Street. The JVFD responded to render aid to the patient before Allegiance arrived to transport him to an emergency room.
Wednesday afternoon at 12:13pm a call came in for a brush fire off of FM 2428. The fire turned out to be part of a control burn.
Wednesday night at 9:54pm a page was received for a 75-year-old female with chest pains at a residence on Highway 7 East. The JVFD medical team responded to help the patient until Allegiance could arrive to transport her.
Thursday morning at 6:33am a call was received for a 20-year-old that had fallen off of a roof while working on FM 139. The fall was severe enough that the patient required an airlift, so the JVFD set up a landing zone at the baseball field. The Joaquin VFD remained on scene until the helicopter was airborne with the patient.
In other news, the Joaquin VFD drew for the winners of our 2023 Multi-Item raffle. The winners are as follows:
1. Buren Lowe - Benelli Super Eagle III Shotgun
2 .Matthew Holt - Savage Model 110 with Leopold 3x9 scope
3. JC Whitaker - Ruger American Rifle with Sig Sauer 3x9 scope
4. Tanner Peace - Henry .410 Lever Action Shotgun
5. Will Connell -Henry Golden Boy .22 Rifle
6. Britney Hudspeth - SCCY Arms CCW pistol
7. Raymond Hogg - Rossi Semi-Auto Rifle
8. Jeremy Harvey - $500 Visa gift card
9. William Hopson - $500 Ace Hardware gift card
10. Jason Harvey - Custom Hunting Knife
11. Adam Gurley - Custom Charcuterie Board
12. Jimmy Cameron - Battery Charger
13. Tami Ewing - 25-gallon propane tank
14. Phil Worsham - Jumper Cables
15. Lucinda David - Coleman cooler and camp chairs
Congratulations to this years winners and thanks to everyone who participated in the raffle both by donating the prizes and purchasing tickets.
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.
July 7, 2023 - Work will begin on Monday, weather permitting, on a Shelby County roadway that will require lane closures and traffic control for up to six weeks.
Crews will begin rehabilitating and widening the length of FM 3343 next week from US 84 to the end of state maintenance. Work is expected to begin at 6:30am until 3:30pm TxDOR Monday through Friday until the project is completed.
Traffic control will be set with lane closures and lead cars guiding motorists through the work zone. Drivers are urged to stay alert, reduce speed and obey all traffic control. Be aware of moving equipment and workers near the lane of traffic. Motorists should expect delays through this work zone.
For more information, contact Rhonda.Oaks@txdot.gov or call (936) 633-4395.
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