News from the Lone Star State

[TexasStooge]

Most-wanted deadbeat dad arrested

From KVUE Staff Reports

AUSTIN, Texas -- The Most Wanted Child Support Evader in Texas, John Gutierrez, was arrested Wednesday for failure to pay more than $100,000 in court-ordered child support for his daughter.

Gutierrez owes more than any other evader on the Attorney General’s Top Ten list that was unveiled last November.

In 1984, Gutierrez was ordered to make child support payments of $200 per month. He did not comply and by 1999, owed more than $64,000. A Bexar County judge placed Gutierrez on supervised probation to give him a chance to catch up on his payments. His delinquency continued, and an arrest warrant was issued after Gutierrez failed to comply with the terms of his probation.

He is being held without bond in the Bexar County Jail, awaiting a court hearing next week. Gutierrez could receive a sentence of up to 180 days in jail. He must also pay his child support debt of $103,540, which will continue to accrue interest until paid in full.

A total of 57 evaders, including four from the most recent Top Ten list, have been arrested or located since General Abbott took office.

[TexasStooge]

Ex-Cowboy's appeal of conviction is denied

IRVING, Texas - Former Dallas Cowboys defensive back Dwayne Goodrich's appeal of his conviction in a deadly hit-and-run accident two years ago was denied Thursday. He was convicted in August 2003 on two counts of criminally negligent homicide and sentenced to 7 1/2 years in prison.

Demont Matthews, 23, and Joby Wood, 21, both of Plano were rescuing a driver from a burning car on Interstate 35E when they were struck by Mr. Goodrich's BMW. He left the scene but returned hours later and then turned himself into police.

[TexasStooge]

Deaf mother, 2 children die in fire

By MICHAEL REY / WFAA ABC 8

DALLAS, Texas - A Dallas family is devastated after a mother and two children died in an apartment fire early Sunday morning.

Safety systems worked as they were supposed to, but in this special case they were not enough.

Sephra Burks, who is deaf-mute, died huddled together with her three-year-old son and ten-month-old daughter after the fire spread to the upstairs rooms of their unit at the Colonia Tepeyac Apartments in the 5800 block of Bernal Avenue near Loop 12. Burks' husband Tyrus, also hearing-impaired, escaped along with two other sons.

"I woke up to a lot of screaming and banging, and then I heard somebody throw something out the window," said neighbor Estella Garcia. "But the mother, she couldn't hear no talk at all."

Firefighters heard the smoke detector working. However, the parents likely were not able to hear the smoke detector, which officials said was probably a factor that contributed to the death of the children and the mom.

"The family often relied on their dog to hear for them," Garcia said. " The dog would tug on her telling her someone was at the door or whatever."

The dog also died in the fire.

Tyrus Banks and tearful supporters returned to his family's burned-out apartment Sunday afternoon. The three fatalities are a tough loss for Dallas Fire-Rescue as well.

"We made it through Christmas, we made it through New Year's, and now we have three fire fatalities," said Dallas Fire-Rescue Capt. Jesse Garcia. "It really is a blow."

Estella Garcia would often babysit the kids who lived next door. Now, Garcia and families in six other units will have to find somewhere else to live.

[TexasStooge]

Missing Denton County teacher sought

By MARY ANN RAZZUK / WFAA-TV

DENTON COUNTY, Texas - Denton County Sheriff's deputies and the Texas Rangers expanded their search Sunday for any information that might lead them to a missing schoolteacher.

Law enforcement investigators and relatives of Sanger resident Katherine Lynn "Kathy" Stobaugh, 43, told News 8 they fear foul play.

The mother of two was last seen on Dec. 28, when according to authorities she went to the home of her husband Charles Stobaugh to talk about divorce plans.

Sheriff's officials said Charles Stobaugh told them she left his home in the evening, and the next morning he discovered her car in his driveway.

"Mr. Stobaugh is a person of interest because he was the last person to see her by his own admission," said Denton County Sheriff's spokesman Tom Reedy. "He's not a suspect at this time; there are no suspects because we don't have a crime. Hopefully she'll turn up unharmed ... that's what we're hoping for."

Stobaugh's teenage daughter called police after her mother didn't return home for nearly a week. Stobaugh's brother Chris Munday fears foul play, but maintains faith his sister is safe.

"Several members of the family have gotten four wheelers out and looked, and the police have looked," Munday said. "Just let somebody know ... contact somebody, come home."

Sheriff's officials said Charles Stobaugh initially allowed authorities to search his property, but later denied them access without a search warrant. News 8 was unable to contact him for comment.

While authorities look at all possibilities that might explain Katherine Stobaugh's disappearance, her family said there are too many red flags.

"She would never leave her kids," Munday said. "Her kids are worried, very worried ... this is totally out of character."

Stobaugh's parents are offering a $60,000 reward for information that leads authorities to their daughter. CrimeStoppers is adding $1,000 to that reward.

[TexasStooge]

Friend: Yates is calmer, optimistic

Associated Press / The Dallas Morning News

HOUSTON, Texas – Andrea Yates, whose capital murder convictions for drowning her children in the family bathtub were overturned last week, is calmer and in better spirits at the prison psychiatric ward where she has been serving a life sentence, a friend said.

Instead of sobbing uncontrollably or slipping into a psychotic state, Mrs. Yates was cheerful and optimistic during prison visits in December, said her best friend, Debbie Holmes.

"Her hands used to tremble and shake, and she used to move the phone from ear to ear, back and forth," Ms. Holmes told the Houston Chronicle in Sunday's online edition, describing the visits. "She is much more calm now."

Ms. Holmes said that she and Mrs. Yates reminisced about past Christmas holidays spent together and that Mrs. Yates asked whether she had used glass ornaments that the Yates children made for her.

"I told her I had and that I would put them up every year until the day I die," Ms. Holmes said.

She said that Mrs. Yates, separated by glass and listening to her through a telephone, paused, then smiled.

Ms. Holmes said that kind of discussion one year ago might have triggered a psychotic episode.

Last week, the 1st Texas Court of Appeals threw out Mrs. Yates' convictions in three of her five children's drownings, saying testimony from the state's expert witness, psychiatrist Park Dietz, was false.

Harris County district attorney's officials have said they will ask the appeals court for a rehearing and, if that fails, seek a new opinion by the Texas Court of Criminal Appeals. Mrs. Yates could face a new trial in the June 2001 drownings if the state's appeal is rejected.

Mrs. Yates is visited on alternating weekends at the Skyview Unit in Rusk by her husband, her mother and brothers and her attorney, George Parnham.

[TexasStooge]

It's back: school finance

Legislators have short time to turn in solution to educational funding

By TERRENCE STUTZ / The Dallas Morning News

AUSTIN, Texas – It's the giant math problem that has confounded the best minds in the Texas Legislature.

And as lawmakers convene Tuesday, the state's beleaguered school finance system will be hanging over them like the standardized tests dreaded by many Texas students.

Past pledges by state leaders to overhaul the complex $30 billion-a-year system have gone unfulfilled as legislators scuffled over new taxes, funding increases, property tax cuts and reform proposals. The most recent attempt to find a solution, in a special session last spring, ended in failure.

But this time, lawmakers face unavoidable pressures: a court ruling overturning the funding system and requiring more money, along with growing pleas for help from school districts that are running out of room to raise taxes or cut programs further.

Very few Texans will remain untouched by what they do. Consumers, homeowners and businesses will probably see a redesigned tax system, while parents and students will find new initiatives meant to boost achievement.

And very few other issues lawmakers will deal with will be unaffected, either. The budget looks lean already, so if the state must spend more on schools, it will be that much harder to provide more for Child Protective Services, health-insurance programs and the needs of a growing population.

For Lt. Gov. David Dewhurst, leader of the Senate, and House Speaker Tom Craddick, the task is daunting but clear. Both want a solution for school finance hammered out well before the 140-day session ends.

"The system is broken," said Mr. Dewhurst, a Republican. "We need reform. We need additional resources for public schools, and we need to help our good teachers do an even better job. We also need to reduce local property taxes and find a fairer way of paying for education."

With so much at stake and such broad choices on the table, lobbyists are lining up to protect their clients' interests, adding pressure on lawmakers.

Business representatives will fight an expansion of the business franchise tax. Gambling opponents are mobilizing to block proposals that would legalize slot machines at racetracks and other locations. Teachers unions will try to block proposals such as pay based on merit rather than years of experience.

Mr. Craddick, a Midland Republican entering his second term as leader of the House, said the mission starts with agreement in both chambers on broad goals, such as reducing local property taxes for schools and replacing the money with state revenue. Senate leaders want to cut taxes by at least a third.

Some school reforms, such as the merit-pay plan, also have widespread support.

But when the discussion turns to new revenues to offset the tax cut and boost state funding for schools, the trouble begins, the speaker acknowledged. There is also strong resistance in the GOP-controlled House to any major tax increase this year.

"We've still got to figure out how we're going to finance it," Mr. Craddick said.

Tough task

For many lawmakers, it will be the most difficult task they've faced. The last school-finance overhaul passed nearly a dozen years ago. That 1993 law created the current "Robin Hood" mandate that calls on richer districts to share their property tax revenues with districts that have less property wealth.

Since that law was enacted, local property taxes have risen much faster than state spending on schools, adding pressure on homeowners and businesses.

Legislative leaders have vowed to slay Robin Hood, but poor districts and their representatives fear they'll lose the funding they've picked up under the system.

Given these challenges and the Legislature's track record of failure on school finance, some experts predict more of the same.

"I don't see the will there to do anything yet," said Clayton Downing, executive director of the Texas School Coalition and former superintendent of Lewisville schools. The coalition represents high-wealth districts. "I hope I'm wrong and we get something worked out that is good for all kids in Texas, but I'm not optimistic. If there is a grand plan to solve school finance, we haven't seen it."

There is, however, a deadline. State District Judge John Dietz, in his sweeping declaration last fall that the system doesn't provide enough money for schools, gave the state until Oct. 1 to fix the system.

The state has appealed the ruling to the Texas Supreme Court. Some lawmakers would prefer to wait in hopes that the court will scale back the demands on the state, as Gov. Rick Perry predicts.

But the governor, who could face opposition in the GOP primary next year, has made education reform and school finance his top priorities this year. The leaders of the House and Senate education committees, which will try to draft a new funding scheme, don't want to delay, either.

"I see no need to wait for the court," said Rep. Kent Grusendorf, an Arlington Republican who chairs the House Public Education Committee. "I think we all know what we need to do, and we have known for some time. I want to do it this session."

His counterpart in the Senate, Plano Republican Florence Shapiro, agrees: "To wait on the Supreme Court is simply passing the buck. It's not the court's job, it's our job. We have to make the hard decisions." Ms. Shapiro has said she will propose a new state property tax as part of her plan.

Partisan tensions, at least, won't play much of a role. Republicans are in firm control in Austin, but they will need some Democratic help to enact any statewide property tax or to expand gambling. Both would mean amending the state constitution, which requires a two-thirds vote in both chambers, along with approval in a statewide election.

Plus, partisan lines often disappear on education finance, as the focus turns to whose school districts would win or lose under different plans.

Considering options

Mr. Grusendorf and House leaders are still mulling their options. But Mr. Dewhurst and Senate leaders are nearing agreement on a basic plan to cut property taxes by a third – dropping the maximum tax rate from $1.50 to $1 per $100 valuation. More than half of a typical homeowner's bill comes from school taxes, so cutting that by a third would be a significant reduction.

Making up for that and adding money, though, requires significant increases in other taxes. At the top of the list is revamping the business franchise tax to cover most businesses in the state. Because of loopholes in the law, only one in six businesses now pays the franchise tax, the state's major business tax.

Also part of the preliminary plan are increases in the state sales, motor vehicle sales and cigarette taxes, and perhaps higher taxes on alcoholic beverages. Gambling, too, is attractive to some senators. The state would take a handsome percentage of slot revenues, but social conservatives are expected to fight vociferously against any gambling expansion.

School officials across the state are eager for fundamental reform under which the state pays a greater share of education costs. Nearly 700 of the state's roughly 1,000 school districts are at or near the tax-rate cap of $1.50 per $100 property valuation.

"You are seeing districts in real trouble," said Wayne Pierce, executive director of the Equity Center, an organization of more than 600 low and moderate-wealth districts. "With no significant new money in recent years, they have cut out everything they can."

At least one Dallas Republican agrees. Rep. Dan Branch, a member of the House Public Education Committee, has filed a bill that would require the state to put up 55 percent of the funding for schools, compared with its current share of about 38 percent.

And with so much riding on the solution – politically, financially and educationally – Mr. Branch does not want to contemplate what will happen if lawmakers fail to act.

"If we don't deal with school finance," he warned, "it will cast a large shadow over the Legislature, regardless of what else we do in the session."

[TexasStooge]

EASIER SAID THAN DONE

Fixing school finance is the single most important thing legislators must do this session – and perhaps the most difficult. Here's why:

Cuts and increases: Many lawmakers want to cut school property taxes, but they have to find revenue to replace them. That means new taxes, and business groups and others are mounting lobbying efforts.

Betting on gambling: Lawmakers see it as a handy pool of money that's not a true tax, but it has strong opposition.

Majority rules? The vast majority of school districts in the state benefit from sharing of property taxes by rich districts, putting the districts that now benefit at odds with state leaders who want to abolish the share-the-wealth system.

Upon further review: Courts will almost certainly look at what the legislators pass. And in the past, the courts have struck down several school finance plans that lawmakers thought were constitutional.

High hurdles: Some of the key changes being proposed – including slot machines and a statewide property tax – need constitutional amendments. That requires a two-thirds majority in both the House and Senate and voter approval in a statewide election.

Promises, promises: Many lawmakers, particularly Republicans, pledged while campaigning to oppose tax increases. But schools need more money, a court has ruled, and the rest of the state budget is tight, too.

What's in it for me? Few lawmakers fully understand the state's complicated school funding system. Most wait to see state printouts detailing how much money their school districts will get before they decide how to vote.

But wait, there's more: When lawmakers boost funding for education, they usually adopt other changes, too. Policies such as private school vouchers and merit pay for teachers will trigger opposition from leading educator groups.

-- Terrence Stutz - The Dallas Morning News

[TexasStooge]

Police car ignites after collision

By Christy A. Robinson / The Dallas Morning News

A Dallas police squad car collided with a vehicle around 8:35 p.m. Saturday in the 5200 block of Ross Avenue. The crash damaged the right front corner panel of the squad car, a Chevrolet Caprice, causing it to burn. The two officers inside the patrol car were being examined at Baylor Hospital but did not show signs of injury, Sgt. Sheila Zimmerman said. Police said no fault had been assigned. Sgt. Zimmerman said the driver of the other vehicle was given a field sobriety test, arrested and charged with DWI.

[TexasStooge]

Little trooper succumbs to cancer

By REBECCA LOPEZ / WFAA ABC 8

DALLAS, Texas - Six-year-old Griffin Yarbrough fought cancer three times. He passed away Tuesday but not before his final wish came true.

Griffin saw the bright things in life, even during his darkest days.

"He just hated to say goodbye, but last week he was saying goodbye, " his grandmother Vivi Petris said. "He said the best day will be the day I go to heaven."

Griffin was diagnosed with cancer when he was only 2. He battled the disease for 3 years, but he never failed to put a smile on the faces of those who loved him.

When he had to get all his teeth capped because the chemo had caused them to decay, he joked about it. "He said 'Mom, I look like a pirate. It's pretty cool,'" Monique Yarbrough recalled.

Besides wanting to be a superhero and a movie star, Griffin's dream was to be a police officer. He befriended Dallas police officer Dane White whose own daughter has battled cancer.

About a week and a half before he died, the Dallas Police Department made Griffin an honorary officer.

"I would have loved for Griffin to grow up and be my partner," White said, "but I know that right now Griffin is looking over me and 2,500 other Dallas police officers. He's going to protect us the best he can."

Griffin's memorial service was held at DPD headquarters. Everyone dressed in red, his favorite color. The tactical team saluted the family and honored them with a flag.

Griffin's family said they will cremate his body and his ashes will be spread over the ocean in California, just as he wanted.

[TexasStooge]

Tax freeze on Arlingon ballot

By DEANNA DEWBERRY / WFAA ABC 8

ARLINGTON, Texas - A battle is brewing in Arlington between a cash-strapped city government and savvy senior citizens. On Feb. 5, voters will consider a proposition to freeze property taxes, prompted by the seniors' petition.

Dave McElwee, 65, spearheaded the campaign. He made the flyers. He bought the cardstock. He made the copies. As the election approaches, he and a handful of like-minded seniors are pounding the pavement, blanketing neighborhoods in yellow notices, and armed with a handshake and a smile.

If Dave and company are successful, voters will decide to freeze property taxes for homeowners over 65.

For Dave and his wife, both retired teachers, it's an important savings. "It would allow us to take care of our own families. I'm taking care of my own mother ... who's 86 years old and my wife and I are taking care of my mother-in-law who's 81 years old."

The Arlington City Council faces a conundrum. "We would like for the seniors to have a tax freeze, but we don't think we can afford that," Mayor Robert Cluck said.

Currently, the city offers homeowners two property tax exemptions. The first is a 20 percent homestead exemption for which everyone is eligible. The second is a $60,000 exemption for folks over age 65 and/or the disabled. The mayor said if the property tax freeze passes, the city will have to take a hard look at whether they can afford the $60,000 exemption.

"The city council has a lot of discussion left to decide how we're gonna make up the shortfall in revenue," he said.

City leaders predict a shortfall of $28 million over ten years if the tax freeze passes -- quite a blow to a city facing a $10-15 million budget deficit.

"The way out of this is to operate much more efficiently," Dave suggested.

Arlington voters will also consider whether to allow beer and wine sales in grocery stores. Early voting begins January 20.

[TexasStooge]

Double Shooting Leaves Man Dead, Mother Injured

Man Knocks On Victims' Door Before Shooting Mother, Son

DALLAS, Texas (KXAS NBC 5) -- Dallas police are working an overnight double shooting that killed a man and seriously wounded his mother.

Dallas police said the mother and son were home Sunday night in the 3500 block of Parnell Street when a man knocked on the door.

The man may have been trying to sell something, police said.

An argument broke out between the son and the visitor, and the son was shot in the face, NBC 5 reported.

The visitor then fired on the mother, who survived and ran nearly a block away to another home, screaming for help.

The woman is in critical condition at Baylor Hospital.

Homicide detectives are searching for the suspect.

It was a dangerous call for police as two officers responding to the shooting got into a wreck on Pennsylvania Avenue.

Police said a man turned left in front of the patrol car. That driver ran from the scene, but police hope his passenger and the car he abandoned will lead them to him.

[TexasStooge]

Teen Injured In Mini-Motorbike Accident

Girl Strikes Moving Car

FORT WORTH, Texas (KXAS NBC 5) -- A Fort Worth teenager is recovering after she crashed her mini-motorbike into a moving car.

Police said the 15-year-old girl, Candace Harper, was seriously injured when she drove through a stop sign, crashing into a car on Sunday afternoon.

Harper was thrown from the bike and officials said she was not wearing a helmet. She underwent surgery Sunday night and is currently listed in stable condition.

The driver of the car she hit was driven by 14-years-old Jesus Salcedo.

"I crossed the street, saw someone on a bike ... tried to brake, but it was too late," said Salcedo.

Fort Worth police said the scooters are illegal on Fort Worth roads and are clearly labeled for "off roading." The scooters can reach speeds of 60 mph and ride very low to the ground, decreasing their visibility to drivers.

Police said tickets could be issued against both underage drivers.

[TexasStooge]

Roaming Dog Finds New Home In Texas

FLOWER MOUND, Texas (KXAS NBC 5) -- A dog that apparently hitched a ride halfway across the country now has a 12-acre ranch to roam although her new owner says Carla will spend much of her time inside.

Click here for full story and photo.

[TexasStooge]

School Sends Dozens Of Students Home

Institution To Close In May

FORT WORTH, Texas (KXAS NBC 5) -- About a third of the students at the Masonic Home and School of Texas were sent home over the holidays.

That's as members of the fraternal organization prepared to close the 105-year-old Fort Worth institution for displaced children. The facility is scheduled for permanent closure at the end of the school year in May.

School spokesman Stan Madden says most of the 40 or so students who left the home didn't live at the school. He says those students "are pretty much gone."

The remaining 87 students could stay until the school closes.

The facility has provided shelter and schooling for displaced children since 1899 -- but suffered recently from declining enrollment.

[TexasStooge]

Texas Lawmaker Proposes Sudafed Ban To Fight Meth Production

Pseudoephedrine Becoming Common Ingredient In Methamphetamine

AUSTIN, Texas (KXAS NBC 5) -- A state senator has proposed a ban on the sale of a popular cold remedy to fight the manufacture of methamphetamine in Texas.

The Austin bureau of the Scripps Howard newspapers reports the ban is one of four bills state Senator Craig Estes has filed to fight the proliferation of meth labs.

One bill would ban the sale of Sudafed and other brands of drugs containing mostly pseudoephedrine.

The popular decongestant has become a common ingredient in the making of methamphetamine. Last year, Oklahoma sharply restricted its sale -- a step short of the Wichita Falls Republican's proposed outright ban.

Scripps Howard reports the bill would allow the sale of cold remedies containing pseudoephedrine -- as long as it's compounded with other ingredients in capsules and cough syrups.

Estes also has filed legislation to boost penalties for meth dealers.

[TexasStooge]

Texas Kids On Cutting Edge Of Down Syndrome Research

Adopt-A-Mouse Program Hopes To Raise $100,000

FORT WORTH, Texas (KXAS NBC 5) -- A project, started by a group of school children has grabbed attention nationwide and pushed the students to the forefront of exciting new research that they hope will mean a better life for a very special friend.

At first glance, there are no clues that these Texas children are part of the cutting edge of medical science. But from a garage in Houston, a small group of friends are working to make a difference in the lives of those with Down syndrome.

Inspired by her little brother Neal Cashion, Erin and her classmates began selling stuffed mice for $21 to raise money for Down syndrome research.

"They wanted to test new medications, but they couldn't because they didn't have enough mice. So we came up with the idea, adopt a mouse," said Erin Cashion.

The price of the stuffed mice represents the 21st chromosome that is the cause of Down syndrome. The kids are hoping to raise $100,000 or more from the sale of the mice, with the money going to pay for five or six genetically altered mice.

The mice are a key component to the ongoing research at Stanford University.

"Each one of them cost on average between $20,000 - $50,000 to create the mouse. It has a chromosomal rearrangement ... and then bring it in to line where other researchers around the country can study them," said Dr. Craig Garner, Stanford University.

The work at Stanford is considered some of the most promising ever in the field of Down syndrome.

"My sense is that there are all these advances now, coming together, kind of a perfect storm for Down syndrome in a way. That allows us to really understand better what's wrong and what to do about it," Dr. William Mobley, Chair of Neurology, Stanford University.

Advances in genetics, medicine and medical technology are allowing scientists to begin mapping the once uncharted territory of treatments for Down syndrome.

"A lot of possibilities exist out there and we're encouraged that treatments really will be possible," said Mobley.

For these students, the research at Stanford is much more than a science lesson. It's personal.

"We wanted to help him because he wants to read and he can't hold the information in his head about how to read what the sounds make," said Erin. "He wants to read "Peter Pan" so bad, but he can't read it. And that's kind of where this whole thing took off."

When it's over, they hope to help turn the page on Down syndrome, a mysterious disorder that affects more than 350,000 families in the United States.

In their first week, the kids raised more than $6,000 selling mice all over the country and even in Canada via their Web site, http://www.adoptamouse.com.

[TexasStooge]

Texas' Flu Season Mild So Far

More Vaccine Available

DALLAS, Texas (KXAS NBC 5) -- Texas' flu season has been mild so far, but health authorities caution that the peak time hasn't passed yet.

It's easier too. Texas health officials this month lifted restrictions on influenza vaccinations, encouraging more people to protect themselves -- specifically people 50 or older and caregivers to infants, the elderly and the chronically ill.

Restrictions were imposed in October after half the country's vaccine supply was lost to contamination problems at a British factory. U.S. health officials recommended that healthy adults delay or skip flu shots to save vaccine for those most vulnerable -- the elderly, infants and those with chronic diseases.

But worries over the shortage waned as it became clear that there would be no repeat of the early flu season that occurred a year ago. A federal advisory panel recommended in late December that states ease vaccine restrictions rather than let tens of thousands of doses go to waste.

Texas health care providers now have about 560,000 more doses of the vaccine, health department spokesman Doug McBride said. The state expected to receive about 3 million total doses for the flu season, he said.

"If you've tried before to get a shot and failed, try again," McBride said. "The flu shot is not going to do anyone any good sitting on a shelf."

The vaccine usually takes between 10 and 14 days to take effect after a patient gets a shot.

Amanda Simpson, spokeswoman for Dallas County Health and Human Services, said the word is already spreading that flu shots are more readily available. The agency gave 650 shots within two days of the restrictions being lifted on Jan. 3. That was up from the previous week, when 20 to 50 people a day came in for the shot, she said.

"The message we've been trying to get out is that if you're at risk and you're in these categories, we have shots," Simpson said.

The flu has been widespread only in New York and Vermont, with a dozen other states, mostly on the East Coast, reporting regional outbreaks, according to the federal Centers for Disease Control and Prevention.

[TexasStooge]

Homework-free days dwindling

From Staff Reports / WFAA.com

MESQUITE, Texas - Classes resume Monday in the Mesquite district, so here's a back-to-school primer for parents and students.

You'll find school supply information, holiday and report card dates, meal prices, registration and immunization requirements, rules of conduct and attire, and more.

Additional information is available on the school district's Web site, http://www.mesquiteisd.org.

REGISTRATION

New-student registration takes place on individual campuses. Contact your school's office to make an appointment. Office hours are 8 a.m. to 4 p.m.

Enrolling parents or guardians need to provide:

Identification, such as a driver's license

Proof of residency within the school attendance zone

Copy of student's birth certificate or other document to prove identity

Student's immunization record

Copy of student's Social Security card

Copy of records from school the student most recently attended, including withdrawal form if it is available

HOURS

Elementary schools: 7:55 a.m. to 2:55 p.m.

Middle schools: 8:15 a.m. to 3:25 p.m.

High schools: 8:35 a.m. to 3:45 p.m.

On early-release days, students will be sent home at these times:

Elementary schools: 1:25 p.m.

Middle schools: 1:55 p.m.

High schools: 2:15 p.m.

STUDENT HOLIDAYS

Sunnyvale School follows the same calendar.

Aug. 27: Staff development day

Sept. 6: Labor Day

Oct. 4: Fair day

Oct. 25: Staff development day

Nov. 24-26: Thanksgiving holidays

Dec. 20-Jan. 3: Winter break and teacher preparation day

Jan. 17: Martin Luther King holiday

Jan. 28: Staff development day

March 14-18: Spring break

March 25: Snow day/holiday

April 29: Snow day/holiday

OTHER KEY DATES

Sunnyvale School follows the same calendar.

Monday: First day of school

Aug. 24: Middle school early release day and open house

Aug. 26: Elementary school early release day and open house

Aug. 30: High school early release day and open house

Sept. 15: Early release for all students

Dec. 17: Early release for all students

Feb. 2: Early release for all students

Feb. 22-23: TAKS (Texas Assessment of Knowledge and Skills)/SDAA (State-Developed Alternative Assessment) test days

April 5: TAKS/SDAA test day

April 19-22: TAKS/SDAA test days

May 12: Early release for all students

May 26: Last day of school and early release for all students

ATTENDANCE RULES

Students must attend at least 90 percent of the days a class is offered to receive credit. Students absent without permission are considered truant and are subject to discipline, including court penalties against the student and parent.

Detailed attendance policies are available in the student handbook, distributed to each child at the start of the school year. The handbook is also available online at http://www.mesquiteisd.org/misdweb/enrollment/handbook.pdf.

DRESS CODE

Generally:
1. Clothing containing offensive slogans, symbols and other suggestive or controversial designs is not allowed

2. Startling, unusual or immodest attire of any sort shall not be permitted. Fads in hairstyles, clothing or anything designed to attract attention to the individual or to disrupt the orderly conduct of the classroom or campus is not permitted.

3. Hair is to be clean and well-groomed. Unusual coloring or excessive hairstyles that may include "tails," "designs," "puffs," etc. are prohibited.

4. Clothing and other articles that are considered "gang-related" are not allowed.

5. Extremely baggy clothing will not be allowed. Pants, shorts, etc. are not to be worn below the waistline and should be appropriately sized.

6. Shorts may be worn but must reach at least fingertip length.

7. Tongue rings and visible body piercings, other than earrings on girls, are not allowed.

8. Inappropriate tattoos and body art are not allowed.

9. Tight-fitting shorts or "short shorts" will not be allowed.

10. Cutoffs, boxer shorts, pajama bottoms, bike shorts, short leggings as outer garments, etc. will not be allowed.

11. Hats, scarves, bandanas, hair coverings or hooded shirts are not to be worn by students except under circumstances designated by the principal. (Note: The school board is scheduled to vote Monday on whether to let elementary students wear hooded shirts as long as the hoods are kept down inside the school.)

12. Torn, ripped or cut clothing will not be allowed.

Additional guidelines for boys:
1. Shirts are to have sleeves. (Note: The school board is scheduled to vote Monday on whether to allow students in kindergarten through third grade to wear sleeveless shirts that have shoulder straps at least 3 inches wide.)

2. Appropriate shoes are to be worn.

3. Hair is to be out of the eyes, not extend below the earlobes and cut so that it does not extend over the collar (dress shirt).

4. Mustaches, beards and other facial hair are prohibited.

5. Earrings are prohibited.

Additional guidelines for girls:
1. Apparel that is too tight or too short for modesty will not be allowed.

2. Low-cut apparel is not allowed.

3. Girls are to wear sufficient undergarments.

4. Appropriate shoes are to be worn.

5. The following are unacceptable: clothing designed with shoulder straps less than 3 inches wide, bare midriffs, halters or bare backs.

Enforcement:
The Mesquite school district's philosophy states that the district is responsible for the development of the whole student; this includes good dress/grooming habits. It is the responsibility of all professional personnel to administer the dress and grooming guidelines.

SOURCE: Mesquite school district Code of Conduct

MEAL PRICES

Meal prices in Mesquite schools have increased by a dime. The new prices are:

Student breakfast (all ages): 90 cents

Elementary student lunch: $1.60

Middle and high school student lunch: $2

Adult breakfast: $1.25

Adult lunch: $2.40

Reduced-price breakfast*: 30 cents

Reduced-price lunch*: 40 cents

*Available only to eligible students who apply. Parents may apply for the service between 8 a.m. and 4:30 p.m. Monday through Friday at the food and nutrition services department in the district's service center, 800 E. Kearney. Students will also bring an application home the first week of school. Call 972-882-5512.

REPORT CARDS

Elementary and middle school report cards will be sent home on:

Sept. 30

Nov. 11

Jan. 6

Feb. 24

April 14

Week of May 30


High school report cards will be sent home on:

Oct. 1

Nov. 12

Jan. 7

Feb. 24

April 15

Week of May 30

BUS INFORMATION

For information about school bus routes and schedules, call individual schools or the district busing office at 972-882-1915.

CELLPHONE POLICY

Students may not use pagers, cellphones, etc. on a campus during school hours, and the devices must remain off during the school day. Devices that are on or cause a disruption will be confiscated. The school will not be responsible for damage, loss or theft of the items.

IMMUNIZATIONS

State law requires students to be up to date on immunizations before registering for school. Texas requirements cover diphtheria, tetanus toxoid, pertussis (whooping cough), polio, measles, mumps, rubella, hepatitis A and B, and varicella (chickenpox). For some of these, proof that a child has had the illness can be substituted for vaccination. Medical exemptions are allowed with a physician's written statement. Parents also can exempt children for reasons of conscience or religious belief. For more information, including where to get shots, call the Dallas County Department of Health and Human Services at 214-819-2000.

DISTRICT PROFILE

Square miles: about 60

Fall enrollment: about 34,000

Serves: all of Mesquite, high school students from Sunnyvale, and parts of Balch Springs, Garland and Dallas

Elementary schools: 31

Middle schools: seven

High schools: five

Alternative schools: one

RUMOR CONTROL

The Mesquite school district offers a rumor-control and information hotline where parents and students can get the facts about rumors they've heard or share information with district officials. The hotline – 972-882-5437– is operated during school hours.

SCHOOL SUPPLIES

Elementary pupils should take their supplies on the first day of class. Supply lists are available on individual school Web sites and in each school office. Many school PTAs are selling packaged supplies.

Middle and high school students should take a pen, pencil and notebook or folder with paper on the first day. Their teachers will give them supply lists.

Elementary supply lists:

Austin: http://www.mesquiteisd.org/austin/supplylists.htm

Beasley: http://www.mesquiteisd.org/ beasley/beasley_news/newsletter2.htm

Black: http://www.mesquiteisd.org/Black/ClassInfo.html

Cannaday: http://www.mesquiteisd.org/Cannaday/supplylist1.html

Florence: http://www.mesquiteisd.org/florence/sch ... plies.html

Floyd: http://www.mesquiteisd.org/floyd/supplies.htm

Galloway: http://www.mesquiteisd.org/Galloway/supply.html

Gentry: http://www.mesquiteisd.org/gentry/suplist_0405.htm

Gray: http://www.mesquiteisd.org/Gray/SupplyList.html

Hanby: http://www.mesquiteisd.org/hanby/supplylists.html

Hodges: http://www.mesquiteisd.org/hodges/supplies.html

Kimball: http://www.mesquiteisd.org/kimball/supplies.html

Lawrence: http://www.mesquiteisd.org/Lawrence/SuppliesLists.htm

Mackey: http://www.mesquiteisd.org/Mackey/supplies.html

McKenzie: http://www.mesquiteisd.org/mckenzie/supplylist.htm

McWhorter: http://www.mesquiteisd.org/McWhorter/Su ... fault.html

Moss: http://www.mesquiteisd.org/moss/kinder_supplies.htm

Motley: http://www.mesquiteisd.org/Motley/supplies.html

Pirrung: http://www.mesquiteisd.org/ pirrung/schoolsuppliesnew.html

Porter: http://www.mesquiteisd.org/porter/supplies.html

Price: http://www.mesquiteisd.org/Price/supplies-home.htm

Range: http://www.mesquiteisd.org/range/Supply2004.htm

Rugel: http://www.mesquiteisd.org/rugel/school_supplies.htm

Rutherford: http://www.mesquiteisd.org/rutherford/s ... lylist.htm

Seabourn: http://www.mesquiteisd.org/Seabourn/supplies2004.html

Shands: http://www.mesquiteisd.org/shands/tiftech.html

Shaw: http://www.mesquiteisd.org/shaw/Supplies.html

Smith: http://www.mesquiteisd.org/smith/supplies/default.html

Thompson: http://www.mesquiteisd.org/Thompson/

Tisinger: http://www.mesquiteisd.org/Tisinger/supply.htm

Tosch: http://www.mesquiteisd.org/Tosch/supplylist.html

[TexasStooge]

Man thrived as nurse, without license

Anonymous tipster sank 10-year career

By TANYA EISERER / The Dallas Morning News

David Wayne Rhodes did so well as a nursing director at Brentwood Place nursing home that superiors promoted him to clinical services director in July. And in his August evaluation, he received high marks and a 6 percent salary hike.

But Mr. Rhodes – who worked for Brentwood on and off since 1994 until being fired in December – had a secret: He didn't have a nursing license. He never did.

His subterfuge was laid bare in early November when an anonymous caller tipped off the state Board of Nurse Examiners, said Noemi Leal, a nursing board investigator.

For impersonating a nurse, Mr. Rhodes, 39, could face a Class A misdemeanor charge, which carries a jail term of one year and a up to $4,000 fine, and state officials say he could face more serious charges such as fraud, because his job entailed signing Medicare and Medicaid paperwork.

On Tuesday, two investigators from the Medicaid fraud control unit of the state attorney general's office were at the facility investigating Mr. Rhodes.

"We are certainly working with them," said Melody Chatelle, a Brentwood spokeswoman. "We turned over copies of all our paperwork to them."

The whereabouts of Mr. Rhodes, who could not be reached for comment, are unknown. Neighbors say he is no longer living in his Mesquite home, and a sister declined to comment.

Cases of faked nursing licenses are not uncommon, but background checks usually weed out phonies within weeks of application or hire. Mr. Rhodes' case is unusual because he was hired twice at the home and worked there for most of a decade, all the time never having a license. Investigators and the nursing home say they believe Mr. Rhodes forged his own way through the system.

Mr. Rhodes was fired about a month ago from his nearly $80,000-a-year job at Brentwood, a sprawling campus of one-story brick buildings on Buckner Boulevard in Pleasant Grove. One of the largest nursing home facilities in the area, Brentwood can care for up to 360 patients and employs about 350.

So how did Mr. Rhodes get hired and keep a job without a nursing license?

"There was missing paperwork, and some documents were forged," Ms. Chatelle said. "We were as stunned as anyone to find out that he did not have a license and terminated him immediately."

Ms. Leal says Mr. Rhodes' case indicates a breakdown in the facility's hiring procedures. "I don't think they did licensure verification," she said.

The state requires employers to verify that a nurse is licensed when hired, and to ensure that the nurse maintains a license.

But state officials have no record that Brentwood ever checked whether Mr. Rhodes was licensed, Ms. Leal said.

Within the nursing home facility, everyone assumed Mr. Rhodes was licensed because Brentwood officials say he was in charge of checking his own certification, and he simply faked it.

No school records

Neighbors in his well-kept Mesquite subdivision said about three years ago he bought a nearly 1,800-square-foot, three-bedroom brick home. They say he kept the recently repainted interior immaculate. He had installed new carpet and Italian tile.

He told neighbors he grew up in Mesquite with his mother, two sisters and a brother. He told them he had graduated from Texas Tech University. School officials say they have no record of him.

Neighbors say more recently he had been devastated by the loss of his brother from a heart-related ailment.

"He was a generous, caring person," said Tangie Perkins, whose family lives one house down from Mr. Rhodes. "We asked him all the time for medical advice. We thought of David like our brother."

He had grown close to neighbors and Mr. Rhodes, Mrs. Perkins, Kelly Wells and their families sometimes traded off cooking meals during the week.

They used his pool and went to dinner together, during which he would sometimes receive phone calls and afterwards tell them he had to go put IVs in patients. Neighbors also said he sometimes carpooled to work with the facility's executive director.

Mrs. Perkins, Mrs. Wells and their families also went to Las Vegas with Mr. Rhodes in March 2003, where he won $10,000 playing slots.

In hindsight, neighbors say they saw inconsistencies. For instance, he told some neighbors that he had been married and had lost a child, but then later denied having said that. He also told other neighbors that he could write prescriptions. "You just don't know where the lies stop and end," Mrs. Perkins said.

They said he had told him that a patient had died at the facility a couple of years ago, and he had been worried about getting sued for malpractice.

'Not cooperative'

On Nov. 4, an anonymous caller informed the board that they had tried to verify that Mr. Rhodes was licensed online – where the data is available to the public. The caller "couldn't verify him in our computer system," Ms. Leal said.

"I talked to him directly on Nov. 23," Ms. Leal said. "He was not cooperative. He just said he would get back with me later because he did not have his licensure information in front of him. When I tried to call him back later that day, he wouldn't answer his phone."

On Dec. 2, she phoned the nursing home's executive director, Joyce Bonds.

"She couldn't believe that that was true," Ms. Leal said. "She thought maybe we were misinformed. She was sure that he was licensed. They had a license number for him, and it wasn't a good number. I explained to her that she could not allow him to practice because we didn't show that he was licensed."

The nursing home fired him that day.

Ironically, the nursing board does not have legal jurisdiction over Mr. Rhodes because he was not a licensed nurse. But officials are forwarding the evidence they've collected to the district attorney.

Hired, moved up

According to Ms. Chatelle, Brentwood hired Mr. Rhodes in 1994 as a charge nurse, where he supervised other nurses. He was later promoted to a director of nursing, supervising a whole building of nurses until quitting in 1997.

It's not clear where Mr. Rhodes worked before arriving at Brentwood and between 1997 and when he returned in 1999, although neighbors say he told them he had worked for a doctor and at a local hospital.

Mr. Rhodes worked as a director of nursing for about $35 an hour until his promotion to director of clinical services in July.

"David Rhodes meets and exceeds his responsibilities as director of clinical services," says a copy of his August evaluation now in state hands.

Ms. Chatelle said Mr. Rhodes had little contact with the nursing home's residents. Nursing board officials had a different view: "A director of nursing is an integral person at a nursing home," said Bruce Holter, a nursing board spokesman. "That's not someone who is on the periphery."

Ms. Chatelle said his hiring paperwork from 1994 was missing, but they did locate his 1999 new hire paperwork.

"The criminal history check came back clean," she said.

The licensure verification form lists two people as having conducted the check, she said. Both people, one of whom still works at Brentwood, disavowed any knowledge of it, she said. "We believe that he forged that verification form." Ms. Chatelle said. "I think he's a very good con man."

Mr. Rhodes' case also prompted the nursing home to check the licenses of all employees and "they're all current and correct," Ms. Chatelle said. She said they will now check each licensed person annually.

Brentwood's overall record is not out of line with other facilities, state officials said.

According to the Texas Department of Aging and Disability Services, Brentwood Place Three ranked near the top of certified nursing facilities in Dallas County with a score of 88. But the other two licensed buildings, Brentwood Place One and Brentwood Place Two, received scores of 56 and 63, respectively. The statewide average is 60.

Happens 'regularly'

So how often do impostors get nursing jobs? It happens fairly regularly, Ms. Leal said, but the fraud rarely succeeds.

"Usually they work maybe a few months to a year and get caught because of license verifications," she said.

Mr. Holter said the board intends to put out a bulletin about Mr. Rhodes in its January newsletter.

"There are enough safeguards where employers can easily check the licensure status of a person that they are employing," he said. "They can check either through our Web site or by phone."

Mrs. Perkins, his neighbor, said in late November that he told her the malpractice case had finally resulted in him losing his job.

"He said, 'I don't know how I'm going to pay for my house and car,' " she said.

Mrs. Perkins said he told her that he had a heart attack brought on by the stress of losing his job. "Next thing I know, he's gone," she said.

Today, a for-sale sign hangs in the front yard, although his antique furniture is inside. His slippers are still on the front porch, and the newspaper is still being delivered.

"I just can't help but think there was some reason why he felt like he needed to do this," Mrs. Perkins said.

[TexasStooge]

Police Closing In On School Bus Theft Case

Arrests Expected Soon

DALLAS, Texas (KXAS NBC 5) -- There are new developments in the case of several stolen school buses apparently used for a demolition derby, NBC 5 reported.

The four buses were taken from the bus yard at Northwest Independent School District last weekend.

Fort Worth police said Sunday they expect to make arrests within days.

Police said they were able to watch video from inside the bus to help track down the alleged thieves.

Investigators have interviewed five people, including two adults.