News from the Lone Star State

[TexasStooge]

Amber Alert issued for 16-year-old, baby

By PAUL MEYER / The Dallas Morning News

MESQUITE, Texas - Mesquite Police issued an Amber Alert Saturday morning after the possible kidnapping of a 16-year-old girl and her 15-month-old son.

The incident, a witness said, occurred late Friday night when Porfirio Angel Mendoza, 21, approached Jasmine Chapman and her baby Pablo on the 4700 block of Samuell Blvd.

Mr. Mendoza took the baby out of Jasmine’s arms and drove them both away in a brown 1988 Lincoln. The vehicle license plate number is W84XZB.

“As far as I can tell right now, I believe this is her baby’s daddy taking them,” said Mesquite Police Lt. Steve Callarman.

Mr. Mendoza is described as a 21-year-old Hispanic male, approximately 6’2 tall and weighing 200 lbs.

Jasmine is described as a white female with blonde hair, approximately 5 feet tall and 115 lbs.

Any person with information is asked to contact the Mesquite Police Department at 972-216-6759.


Mesquite PD
Police were looking for Porfirio Mendoza, right, in connection with the disappearance of Jasmine Chapman and her baby Pablo.

[TexasStooge]

City, residents brace for a teardown showdown

Dallas: McMansions pitting builders against preservationists

By EMILY RAMSHAW / The Dallas Morning News

DALLAS, Texas - They've duked it out before city zoning boards, at community centers and in the gyms of local high schools.

They've flooded their representatives with e-mails and phone messages and gone to war with yard signs.

On Wednesday, homeowners and builders will come head-to-head before their most captive audience yet – the Dallas City Council – over a controversial zoning tool designed to limit teardowns and "McMansions" in Dallas neighborhoods.

Supporters and opponents of the proposed "neighborhood stabilization overlay," which would give homeowners a quick fix to halt incompatible redevelopment, know the stakes are higher this time.

Mayor Laura Miller has taken a stance on the measure. The influential City Plan Commission has passed along its recommendation. And nearly six months after its design, council members are lining up on either side of the overlay – and bracing themselves for what will likely be a marathon debate. A final council vote is scheduled Sept. 14.

"We've got to make sure we don't recklessly impede the redevelopment of neighborhoods," said council member Gary Griffith, who represents District 9. "At the same time, we've got a strong obligation to help protect the characteristics that have made those neighborhoods strong."

For years, North and East Dallas residents have sought creative ways to battle teardowns in their neighborhoods. Some became historic districts. Others achieved conservation district status, a less-restrictive zoning category.

But as the line to become a conservation district grew longer, the waiting period leapt from months to years. And homeowners watched, hands tied, as new construction took over their neighborhoods.

The neighborhood stabilization overlay was designed by the city's development staff as a short-term solution.

Under the proposal, residents could, with support from a majority of their neighbors, regulate height, garage location, front- and side-yard setbacks and the paved surface of future construction.

During the neighborhood's wait for council approval, builders would be forced to get development plans OK'd by the city, an attempt to protect homeowners from incompatible projects in the interim.

In the months since the overlay was unveiled, it has received harsh criticism from builders and real estate agents, who say it will stifle inner-city growth and inhibit the city's tax base.

The details were so controversial that the overlay was held up at the city's Zoning Ordinance Advisory Committee – the board directly below the Plan Commission – for more than three months. And when the commission got it, members tightened it up, recommending, among other points, that height and story restrictions be taken out of the measure and that 75 percent of homeowners be on board to approve the overlay.

City Council members are not bound by the Plan Commission's recommendations when the two bodies meet Wednesday to consider the overlay. But Mayor Laura Miller said she thinks the commission's compromise is a "reasonable place to start."

She supports setting a threshold of 75 percent of homeowners to approve an overlay, saying that city staff's recommendation of "50 percent plus one is not a good number."

She wants an overlay to apply to a neighborhood's "original platted subdivision," not a set number of homes.

And she wants city-issued petitions to be notarized and to pinpoint detailed, individual changes – not unspecified ones to be determined at a later date.

"The shorter the checklist, the smaller the number of items to change, the better," said Ms. Miller, who spent last week meeting with Plan Commission and council members on the overlay.

On one point, the mayor is more aligned with the homeowners. Ms. Miller thinks height and story limits are a fundamental piece of the overlay.

"I think the first- and second-story issue is a valid one," she said.

Council member Angela Hunt, the overlay's staunchest supporter on the council, said she's deeply concerned that anyone wants to make the overlay contingent on the support of 75 percent of homeowners – "by far the highest threshold" of any zoning category in the city, she said. She said the Plan Commission's version of the measure "eviscerated it."

"If the purpose was to simplify the process, why are we throwing up obstacles?" Ms. Hunt asked. "Where I'm hearing this going is that we're making it harder ... for an overlay than for a conservation district."

Council member Bill Blaydes falls on the other end of the spectrum. In the overlay's original form, he said, "I wouldn't have voted for it if my life depended on it."

And while he's considering the Plan Commission's version, he admits he hasn't warmed up to it yet.

"There's another way to take care of the kinds of problems they are dealing with, and it's called a conservation district," he said. "I do not believe it is in the best interests of this city, when you look at tax structures and increasing costs, to cut off the only thing we have today that is increasing in value, and that's our single-family homes."

Most residents and developers fall somewhere between the extremes and are hoping for compromise.

Wendy Segrest, an East Dallas homeowner who moved from the suburbs and then "watched the suburbs move in next door," said she hopes the council puts a height restriction in the overlay and lowers the 75 percent approval threshold.

"Now that builders have bought so many homes in the neighborhood, they would have a vote," she said. "There might not be enough of us left to get 75 percent."

Jay Wysong, a developer with Belmont Lakewood LP, agrees with the 75 percent threshold – "It takes more work and time, more thought process" – and said the overlay will be workable if "we come to a common ground."

"You're mixing the old with the new, and you have people that have lived in their houses for 50 years before new construction," he said. "We need to not come in and put up monstrosities that are offensive to the neighborhood scheme.

[TexasStooge]

Schools will urge pupils to step to it with pedometers

Irving ISD: Pilot program to include 450 4th-graders

By STELLA M. CHAVEZ / The Dallas Morning News

IRVING, Texas - In an effort to stem the growing obesity problem, Irving health officials are teaming up with the school district to issue pedometers to elementary students.

The pilot program, tentatively set to begin in January, would involve the voluntary participation of about 450 fourth-graders at Keyes and Lively elementary schools.

"This is not going to force any child to participate, but we hope the motivators will be strong enough that the children will," said Mary Kay Hartley, director of health services in Irving.

Ms. Hartley said the district is planning to apply for a grant to help pay for the pedometers, which cost as little as $10. The devices attach to a belt and record the number of steps taken by the wearer.

The idea to issue pedometers arose after a summer wellness conference sponsored by the American Cancer Society. There, school district employees learned about aprogram that encourages people to walk 10,000 steps a day in order to lead a healthier life.

Ms. Hartley said staffers returned eager to implement a similar program that also included an educational component.

Students who do well in the program will be rewarded with a special healthy lunch or trips to the bowling alley and skating rink. There's also talk of including their names in a raffle for recipes and ingredients for a healthful meal.

If the program is successful, district and city officials would like to expand it to other interested schools.

Juan Carlos Reynoso, Irving's bilingual health educator, said the city is concerned about the growing number of children who are obese or prone to health-related problems because of their lifestyle.

"I feel strongly about this project because of the fact that our future generation – the people that are going to take care of us, that are going to move our country forward – are going to be sick by the time they graduate from college, if they make it at all," Mr. Reynoso said. "They're going to have diabetes, high blood pressure. ... It's a time bomb for all of us."

Statewide, 35 percent of school-age children are considered overweight or at risk for being overweight, according to the Texas Department of Health Services.

One of the growing health problems among children is type 2 diabetes, said Kim Bandelier, coordinator for the state's nutrition, physical activity and obesity prevention program.

She said anything that encourages children to be more active would go a long way in preventing health problems.

"It's a huge problem, and it's getting worse, and that's what's really scary," Ms. Bandelier said. "The foundations for health are laid at a very early age."

Efforts to encourage healthier living aren't new.

Two years ago, the parent teacher association in the Midland school district sold pedometers to staff members to raise money, said Cathy Harris, that district's health services supervisor.

They also issued pedometers to students and then challenged them to "walk across America." By the second semester that year, one campus had walked a distance equivalent to crossing the country twice, she said. The following year, the same campus recorded enough steps to cross the country five times.

The federal government has ordered districts to adopt a school wellness plan by July 1, Ms. Hartley said. The state is requiring schools to adopt a coordinated school health plan by 2007.

Kids, however, can't lead a healthy life without guidance. Mr. Reynoso said the Irving program's success would depend in part on the parents' commitment and involvement.

To ensure that happens, after-school events would be held to teach parents about nutrition and exercise, as well as offer tips on cooking healthier.

"It could be as simple as asking the parents to park far away from the entrance of Wal-Mart, or when they go into a building to take the stairs," he said. "Those are things we should be doing anyway."

[TexasStooge]

Mother of slain officer loses suit against prison system

Irving: She argued lax security let inmates escape, arm themselves

By JASON TRAHAN / The Dallas Morning News

IRVING, Texas - The mother of the Irving officer slain in 2000 by the Texas Seven prison escapees has lost her legal battle with the state prison system.

The 5th District Court of Appeals in Dallas on Aug. 12 reversed a 2003 decision by a lower court that said the lawsuit filed by the survivors of Officer Aubrey Hawkins against the Texas Department of Criminal Justice could proceed.

The family's suit maintained that lax security at the Connally Unit in South Texas in December 2000 allowed a gang of seven inmates to escape and arm themselves with prison weapons, which ultimately were used in the Christmas Eve murder of Officer Hawkins.

The prison system, however, argued that it did not provide the weapons to the inmates, because they were stolen, and that the killing occurred 11 days after the escape and 300 miles away from the prison. Prison officials claimed they were immune from the suit under sovereign immunity, which limits legal action against government entities.

State law says that government entities can be held responsible for personal injury or death "caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law."

The 5th District Court of Appeals found last month that the prison system's actions in the escape did not meet this legal definition, and it dismissed the suit.

Justice Michael O'Neill also ordered Officer Hawkins' family to pay costs incurred by the state when appealing the lower court's decision. Although no dollar amount was mentioned, the fallen officer's mother says the decision by the appeals court is a disgrace.

"It doesn't matter how much it is, I'm not going to pay it," said Jayne Hawkins. "My son's blood is on their hands. If they had not been lax, my son would be here."

Mike Viesca, spokesman for the Texas Department of Criminal Justice, declined to comment on the lawsuit.

Six escapees – one committed suicide – were sentenced to death in the Irving officer's slaying.

[TexasStooge]

City audit critical of off-duty police work

Dallas: Report cites confusing rules, lack of monitoring

By TANYA EISERER / The Dallas Morning News

DALLAS, Texas - Dallas isn't doing a good job of keeping an eye on moonlighting police officers, and this could spell trouble in the long run, a city audit says.

The draft report says the Police Department lacks an efficient, effective system for monitoring the off-duty employment activities of its nearly 3,000 officers. It adds that this could increase the city's risk of being sued if, for example, an officer is hurt or behaves inappropriately.

The city auditor's report concludes that rules regulating off-duty employment are contradictory and confusing and often not followed or enforced. The department also lacks the ability to track whether officers are working more than allowed.

"They've got some legitimate concerns," said Sam Johnson, Police Chief David Kunkle's chief of staff. "We will fix whatever they suggest that we fix. It's pretty apparent that there needs to be better oversight."

Moonlighting officers provide increased police visibility at no extra cost to taxpayers because private employers foot the bill. But that's not without some risk, policing experts say, because cities can be held legally liable for their actions.

That makes it crucial for departments to monitor off-duty employment and to ensure officers don't work so much that it inhibits their ability to perform their full-time jobs, said Alex del Carmen, associate professor of criminology at the University of Texas at Arlington.

"That's one of the biggest concerns that we've seen nationally," Dr. del Carmen said.

Extra hours

Under rules instituted in 1999 by then-Chief Terrell Bolton, Dallas officers can work up to 44 off-duty hours a week in addition their regular 40-hour work week.

Last-minute overtime work and overtime hours spent testifying in court are not included in an officer's regular work hours, so officers can work even more than 84 hours.

This is higher than a number of Texas departments, according to the audit. Fort Worth allows 20 off-duty job hours per week, while San Antonio and Austin permit officers to work 24 off-duty hours per week.

Dr. del Carmen agreed with the auditor's recommendation that the department centralize its management of off-duty employment. The city auditor's survey of 10 other major departments, including Austin and San Antonio, found most do.

Officers disciplined

The report doesn't get into specific problems with officers, but several incidents have been in the media or are widely known around the department.

Last year, a deputy chief was disciplined and demoted after he went to an off-duty job rather than rushing to the Dallas Zoo on the afternoon a gorilla escaped and injured three people.

In 2001, a Dallas police officer was shot and killed while breaking up a fight while working off duty in a nightclub parking lot.

Within the department, one of the most widely known offenders of the off-duty rules is Senior Cpl. Fernando "Monty" Moncibais, a narcotics detective. The nearly 34-year veteran has been disciplined four times since 1989, including three suspensions, for off-duty job violations.

In May, Cpl. Moncibais was suspended for three days after internal investigators determined that after another officer had negotiated to work an off-duty job providing security at a pawnshop, Cpl. Moncibais went behind his back and took the job.

Afterward, he was still allowed to work off-duty jobs, said Lt. Rick Watson, a police spokesman.

Cpl. Moncibais did not return a call seeking comment.

Many moonlight

Many officers consider off-duty jobs a right rather than a fringe benefit, particularly given that Dallas' starting pay of nearly $39,000 makes it one of the lowest-paying departments in North Texas.

Department officials estimate that 80 percent of officers regularly moonlight at off-duty jobs, which generally pay about $30 an hour. The employer pays the officer directly.

The level of risk varies: Working security in a busy nightclub parking lot, patrolling crime-ridden apartment complexes or sitting in quiet bank lobbies. Some homeowners associations hire off-duty officers to patrol their neighborhoods in marked squad cars. Many lieutenants and some chiefs work off-duty jobs.

Senior Cpl. Sheldon Smith, who has a wife, a 20-year-old son in college and a 6-year-old son, says roughly 15 weekly hours of off-duty work provide the extras for his family.

"The department pays my bills," said Cpl. Smith, a southeast patrol officer. "I wish I could go home at the end of my eight-hour shift. The extra jobs allow me to put my kids in nicer schools and to provide things for my family that my base salary wouldn't necessarily allow me to do."

[TexasStooge]

Autopsy on baby unclear

How infant died, why older brother killed himself investigated

SAN MARCOS, Texas (The Dallas Morning News/AP) – An autopsy couldn't explain what led to the death of a 6-month-old whose older brother committed suicide after trying to help the infant.

A cause for the Aug. 11 death of Donovan James Jones remains undetermined. The Travis County medical examiner's office found the baby didn't suffer trauma but couldn't rule out sudden infant death syndrome, said Hays County Justice of the Peace Beth Smith.

Donovan shared a bed with an 11-year-old brother and 4-year-old sister, so it's possible he died accidentally when one of the children rolled over on him, Ms. Smith said.

Donovan's 23-year-old brother, Brian Twine, found him unresponsive in the bed.

Mr. Twine carried the infant for 10 blocks, from their Kyle home to the city's administration building, screaming, "He's not breathing!" said Hays County Sheriff Allen Bridges.

Emergency personnel who arrived a short time later determined the baby was dead.

Authorities were taking Mr. Twine to the police station for questioning about an hour later when he pulled a gun from the holster of an officer and shot himself in the mouth, Sheriff Bridges said.

Mr. Twine died almost a week later at an Austin hospital.

Investigators think Mr. Twine was baby-sitting his younger siblings that morning while his mother was at work.

The other children are in the custody of Child Protective Services while an investigation into allegations of physical neglect and sexual abuse is conducted, said agency spokesman Chris Van Deusen.

[TexasStooge]

Making safety universal at lakes, parks

Engineers want all groups to understand warnings

By STELLA M. CHAVEZ / The Dallas Morning News

Lake parks have become more popular in recent years, but they've also become more diverse. In response, the U.S. Army Corps of Engineers is trying to determine how best to spread the message of water and park safety to visitors of different racial and ethnic backgrounds.

Corps officials say the issue is a matter of life and death.

During a nearly 15-year period, they noticed that an increasing number of people who drowned were Hispanic.

"One of the barriers we have is that a large number [of users] are not English-speaking," said Tim MacAllister, recreation specialist for the Army Corps of Engineers Lewisville Lake office. "We've been trying to figure out how can we narrow that gap."

Putting up warning signs in Spanish isn't enough, he said. For one, it won't get the corps' message across to non-Spanish-speaking users. Secondly, it won't help those who don't know how to read, he said.

So the corps wants to develop signs with universal symbols. But, Mr. MacAllister added, finding symbols that resonate with everyone has been challenging. A picture of a martini glass with a line through it, for example, could be misinterpreted to mean that no liquor is allowed but that beer is OK.

Last summer, the corps' Grapevine Lake staff conducted a meeting in hopes of hearing from the public about possible changes at Grapevine Lake. But hardly anyone showed up.

Lake management agencies are grappling with this issue nationwide. In Austin, bilingual signs have been posted around Lake Travis, and public service announcements have aired on Spanish radio and television stations. The issue also came up in North Carolina and Georgia after Hispanics were reportedly dying in lakes and rivers in disproportionately higher numbers.

A study about Grapevine Lake released this year pointed out that most of the drowning victims in that lake were Hispanic men between the ages of 18 and 26.

Tim Gibson, natural resource manager for the corps' Fort Worth district, said the numbers aren't surprising, given the country's growing Hispanic population. Still, it doesn't mean the drowning deaths have to continue growing, he said. Collaborating with other organizations or agencies, such as the Texas Parks and Wildlife Department, to promote water safety education is key.

"I think it's a pretty significant problem," he said. "It's something I think all land managers and public safety groups have been dealing with."

The corps' Fort Worth District includes 25 lakes stretching from Texarkana to San Angelo and from Ray Roberts to Canyon Lake.

It's working on a plan to make about $6 million in improvements at Rockledge and Murrell parks along Grapevine Lake. Those improvements include adding parking, nature trails, fishing piers and larger picnic areas.

The Grapevine Lake study highlighted some of the cultural issues to consider. Asians, for example, enjoy fishing along the perimeter of the lake but don't typically own boats. Because fishing from the ledges and dams is hazardous, the corps study noted there's a need to have piers or jetties built to accommodate the anglers.

The corps also has received requests from its Hispanic visitors who play soccer to create large, open fields because they're currently playing on small, uneven areas.

Even the standard-size picnic table is under review. The corps' study points to data from the Texas Outdoor Recreation Plan. It notes that Hispanics and blacks tend to have larger families or socialize in larger groups. As a result, larger picnic facilities are needed.

"Our parks were designed in the '70s and '80s," Mr. MacAllister said. "They're not designed for the type of users that we're having now."

[TexasStooge]

Dallas officer injured in wreck

DALLAS, Texas (WFAA ABC 8) - A Dallas police officer was critically injured Tuesday morning when his private vehicle crashed in South Oak Cliff.

Investigators said the driver apparently lost control and slammed into a tree and a utility pole at Red Bird Lane and Whitby Road near Dallas Executive Airport.

The officer was trapped in the vehicle for 40 minutes before Dallas Fire-Rescue teams and fellow police officers could extricate him from the wreckage.

The unidentified officer was taken by Careflite helicopter ambulance to Parkland Memorial Hospital. A police spokesman said the victim suffered two broken legs and a possible broken arm.

He was listed in critical condition.

Initial reports indicating the involvement of a hit-and-run driver were incorrect, police said.

[TexasStooge]

Early voting ending today in N. Texas

Several cities to decide Saturday on sale of alcohol, school bonds

DALLAS, Texas (The Dallas Morning News) - Today is the last day of early voting for Saturday's local elections throughout North Texas.

Voters will decide alcohol elections in Bedford, Mansfield, Melissa and Sachse.

In Melissa, where voters turned down liquor sales in February, two items involving alcoholic beverages are on the ballot. One measure would allow the sale of mixed beverages in restaurants, while the other item would legalize the sale of beer and wine for off-premise consumption.

Voters approved an off-premise consumption law in the 1980s, and convenience stores still sell beer and wine within the old city limits. Mayor David Dorman says that state law requires a new election before beer and wine can be sold in territory annexed since then.

In Bedford, voters will decide whether to allow beer and wine sales in stores. Also in Bedford, eight candidates are on the ballot for mayor, three months after Rick Hurt resigned amid infighting and a tax rollback that closed several city facilities, including the library.

Mansfield residents will vote on propositions to allow beer and wine sales in stores and alcohol sales at restaurants without requiring a private club membership.

Voters in Sachse will decide two local-option propositions: whether to approve beer and wine sales at grocery and convenience stores and whether to allow the sale of mixed drinks in restaurants.

In Coppell, voters will decide whether to continue sending sales tax proceeds to schools. City officials say Coppell is the only city in Texas to fund education through a half-cent sales tax approved by voters.

In the DeSoto school district, voters will decide a record $116 million bond election. The proposal's big-ticket item is $45 million for a second high school or a new campus for grade realignment.

Red Oak residents will decide a $7.75 million bond election for street and drainage improvements, an east-side fire-police station, and parks and facilities expansions and additions.

Elsewhere in Tarrant County, Grapevine-Colleyville school district voters will decide on a $107.9 million package that would finance new facilities and improvements at every campus. The largest item is $13.8 million to replace Colleyville Elementary.

Birdville school district voters will consider three propositions that total $215 million. The propositions cover construction of core facilities, additions and renovations to current facilities, and upgrades to fine arts and athletics facilities.

And in Rockwall County, voters will decide whether to issue $29 million in bonds for a new government center. Voters soundly defeated the same bond proposal in November. The center would house state and county courts and most county administrative offices to accommodate growth to about 2015.

[TexasStooge]

Wreck kills 4 from Arlington

ARLINGTON, Texas (WFAA ABC 8) - Four Arlington residents have been killed in a two-vehicle accident in East Texas.

The accident occurred about 1:05 p.m. Thursday at the intersection of U.S. 287 bypass and FM 227 in Grapeland.

According to Grapeland police, William James Parker, 76, of Arlington was eastbound on FM 277 in a 1992 Dodge van when he failed to yield the right of the way at the intersection. The van crossed into the path of a 2004 Nissan Titan pickup driven by Daniel James Crow, 24, of Flint.

The pickup struck the van, causing it to overturn. It then caught on fire, Grapeland police said.

Passengers Don Davies, 64, Betty Davies, 76, Jack Chance, 78, and Patricia Parker, 68, were trapped in the wreckage and died. Another passenger, Nina Dianne Chance, 67, of Arlington, freed herself while bystanders removed William Parker before the van became fully engulfed in flames, police said.

Police said Nina Chance and Crow were treated and released from area hospitals. On Tuesday, Parker was listed in fair condition in the intensive care unit of East Texas Medical Center in Tyler, hospital spokeswoman Rebecca Berkley said.

[TexasStooge]

Lee resigns from Plan Commission

By CHRIS HEINBAUGH / WFAA ABC 8

DALLAS, Texas - A key figure in the FBI investigation at Dallas City Hall has resigned.

City Plan Commissioner D'Angelo Lee submitted his resignation to Council member Don Hill. In a news release, Hill said he is regrettably accepting Lee's resignation.

Lee's business interests and activities as a City Plan Commissioner have been at the core of the FBI investigation.

Hill's memo said Lee's focus is clearing his name and developing his business interests. Hill said Lee can't do that in the present environment.

Hill said says Lee's resignation is in the best interest of his family and the city.

Three weeks ago, a sharply divided City Council refused a request from Mayor Laura Miller to remove Lee from the Plan Commission. The item was to be reconsidered on Wednesday.

Many Council members said they were pleased that Lee's decision will avoid another potential fight.

"Nobody likes a divided city," said Council member Elba Garcia. "I think that we'll need to move forward, work together, and make the best that we can for the city."

"This will help," Councilman Mitchell Rasansky agreed. "Surely it isn't going to hurt, but it should have been done several months ago."

Lee has reportedly has been driving a car belonging to someone else, and allegedly accepted fees from groups with business before the City Plan commission.

Lee is not the only member of the City Plan Commission who will be leaving his post.

Melvyn Traylor, whose name appeared in a recent subpoena, will not be back. City Council member Leo Chaney said he will not reappoint Traylor to the job.

Chaney insisted it was part of an overhaul of his appointee and had nothing to do with the FBI investigation.

Those in North Central Texas, watch News 8 at Five for more details.

[TexasStooge]

Child, 2, found dead in car

THE COLONY, Texas (WFAA ABC 8) - Officers found a 2-year-old child dead Tuesday in the back of a vehicle on the 5100 block of Alpha Drive in The Colony.

The vehicle was parked in the driveway outside a residence and the child was seated in the car seat.

Police reports said preliminary investigations indicated the child possibly left the house on his own and entered the car. Police said they will continue to investigate and no charges have been filed.

[TexasStooge]

Program provides 2nd chance at UT-Austin

Those denied admission on first try allowed to transfer in

By HOLLY K. HACKER / The Dallas Morning News

AUSTIN, Texas - Sara Burton knew getting into the University of Texas at Austin as a freshman would be tough. But as a sophomore? No problem.

She just had to spend a year at UT-Arlington, take a full load of classes and keep her grades up.

Ms. Burton is one of about 550 new transfers who started last week at Austin through the Coordinated Admission Program, or CAP. It's a back door in for students initially rejected by UT-Austin largely because of the state's "top 10 percent" law on college admissions.

The law lets students in the top 10 percent of their high school class attend the Texas campus of their choice. Increasingly that choice is Austin, the flagship of the UT System. More than 70 percent of this year's freshmen were admitted under the top 10 percent law. That figure has risen steadily since 1998, when the law took effect.

The law was designed to ensure diversity at state universities by drawing students from every high school in the state. It was passed after a court ruling that said state universities couldn't use race as a factor in admission. Critics say the law is unfair to students at more competitive, challenging high schools.

Ms. Burton said she went to such a school: Cypress-Fairbanks High near Houston. Many students loaded up on Advanced Placement and other hard classes, and they often compared grades, she said.

Ms. Burton graduated last year in the top 18 percent of her class. Good, but not good enough to earn automatic admission to UT. That left her competing for one of the few remaining spots. Even with some college-level courses and a long list of extracurriculars – including color guard, speech and debate, Key Club and drama club – Ms. Burton was rejected.

But she wasn't disappointed. She switched to her backup plan, the CAP.

"It's definitely the easy way in. By far," Ms. Burton said. "There are a lot of kids who, if they'd just applied as actual transfer students, would not have gotten in, but were able to with the CAP."

Sure enough, CAP students have a guaranteed place at UT, so long as they meet the requirements, said Bruce Walker, UT's admissions director.

"It doesn't matter whether our pool is more or less competitive from one year to the next. They have a set standard against which they will be measured."

CAP applies only to students who spend their freshman year at a UT campus. Other transfer students – those applying from community colleges or other four-year colleges – must compete against each other with no guarantees.

The CAP reflects UT's tradition of accommodating as many Texas students as possible, Dr. Walker said. The current system of admitting students from other UT campuses started in 2001. Before that, the flagship allowed students to spend the summer after high school on campus. If they took at least 12 credit hours and kept a 2.25 GPA they could enroll in the fall for good.

"It was the summer from hell for everyone," Dr. Walker said. Students spent the whole summer not knowing if they'd make the cut. Those who didn't had to scramble in August to find another school that would accept them on such late notice.

So, Austin decided to make students spend their freshman year at another UT campus, and they toughened the requirements to make sure students would be prepared.

Dr. Walker said he didn't expect the CAP to become so popular so quickly. In 2002, 182 students transferred to UT through the program. In 2003, it jumped to 326, and then in 2004, to 813. This year's numbers are down because there were fewer applicants to UT overall, Dr. Walker said. But still, CAP students make up a sizeable chunk of the overall transfer student pool of about 2,000 students a year.

"The demand for UT-Austin is just really strong, and students are willing to do nearly whatever it takes to get there," Dr. Walker said.

One noticeable effect of CAP is the balance of transfers from two-year versus four-year colleges at UT. From 2001 to 2004, the percentage of all transfers who came from state two-year colleges fell from 47 percent to 22 percent. Over that same period, the percentage of transfers from state four-year colleges rose from 24 percent to 56 percent.

Some of the shift is certainly because of CAP, Dr. Walker said. Still, most transfers don't enter through CAP. And most students offered the CAP don't wind up at UT. Last year, for example, when 4,350 students didn't get into UT as freshmen and were offered CAP, fewer than 1,400 returned contracts indicating they planned to pursue it. And just more than half of those students actually followed through and transferred to UT as sophomores.

Last year, Ravenna Romack signed up for CAP and enrolled at UT-Arlington. She had planned to transfer to Austin and study architecture.

But as the Canton resident met people through her dorm and classes, and joined student activities, she realized she didn't want to leave.

So Ms. Romack decided to stay at UT-Arlington, though she picked a new major: philosophy.

"I'm really happy with where I am in my life and the friends I've made. It's smaller than at UT. I know all the professors. I know all the other students," she said.

Ms. Burton, on the other hand, also spent her freshman year studying at Arlington but didn't join any student groups. The only friends she made, she said, were in CAP as well.

She said she doesn't regret her decision to transfer.

"I wanted to come here [to Austin] for the education," she said. In her opinion, she added, "It's incomparable to any other Texas school as far as education and opportunities go."

[TexasStooge]

Former UT student gets probation, fine in hacking case

AUSTIN, Texas (The Dallas Morning News/AP) - A former University of Texas at Austin student has been sentenced to five years of probation and ordered to pay more than $170,000 in restitution for hacking into the school's computer system and taking Social Security numbers and other personal information from tens of thousands of people.

Christopher Andrew Phillips, 22, was also prohibited from accessing the Internet, except under approval and supervision from his probation officer and only for school or work, U.S. Attorney Johnny Sutton said in a news release Tuesday.

"He found out the hard way that breaking into someone else's computer is not a joke," Sutton said in the release.

A federal jury found him guilty in June of damaging the university's computer system and illegally possessing almost 40,000 Social Security numbers.

The jury acquitted Phillips of the two most serious charges against him, rejecting prosecutors' claims that he intended to profit from the Social Security numbers and from the financial data of other people that was found on his computer in January 2003.

[TexasStooge]

Miller names businessman new homeless czar

BY KIM HORNER / The Dallas Morning News

DALLAS, Texas - Dallas businessman Mike Rawlings, named the city's new homeless czar on Wednesday, said he would immediately start rallying support for a $23.8 million bond election to build a new assistance center.

Also Wednesday, Mayor Laura Miller said the city will build the proposed project downtown despite objections from some business owners who wanted a different location.

Mr. Rawlings, already a member of the Mayor's Task Force on Homelessness, replaces insurance executive Tom Dunning. The new czar said he will lead efforts to reduce Dallas' homeless population, provide resources to help people off the streets and change the perception that homeless people are a nuisance.

A big part of the solution is to build the homeless assistance center that will go before voters on Nov. 8, said Mr. Rawlings said, general partner at CIC Partners, a private equity fund, and former president and chief concept officer for Dallas-based Pizza Hut, Inc.

"We need to get on with it and get it done quickly," he said.

[TexasStooge]

Mervyns pulling out of North Texas

DALLAS, Texas (WFAA ABC 8) - The Mervyns department store chain plans to close nearly one-quarter of its stores nationwide, including all of its stores in North Texas, and lay off 4,800 employees.

The new owners, a private investment consortium who bought the chain from Target last year, will attempt to improve the retailer's profitability.

The Hayward, California-based chain said it will close 62 stores in eight states. Stores that will close include locations in Arlington, Carrollton, Denton, Fort Worth, Garland, Mesquite, Plano, Richardson, Sherman and South Dallas, as well as all stores in the Houston and Austin metro areas.

The only Texas locations to remain open will be stores in El Paso, Harlingen, Laredo, Lubbock, McAllen, Midland, Odessa and San Antonio.

The company also will close a Plano distribution center, all locations in Michigan and Oklahoma, some in Colorado and Louisiana, 1 store in California and a store and distribution center in Utah.

About 1,200 full-time employees and 3,600 part-time workers will be laid off.

The Associated Press contributed to this report.

[TexasStooge]

BREAKING NEWS

AUSTIN, Texas (AP) - A grand jury has indicted a committee formed by U.S. House Majority Leader Tom DeLay in connection with campaign contributions in 2002 legislative races in Texas.

[TexasStooge]

Council at impasse over 'McMansions'

Dallas: Another hearing set for plan designed to limit size of new homes

By EMILY RAMSHAW / The Dallas Morning News

DALLAS, Texas - The Dallas City Council took its first hard look Wednesday at a proposed zoning tool to help homeowners manage teardowns and "McMansions" in their neighborhoods, but it didn't get much closer to a compromise.

At a joint meeting with the City Plan Commission, held in a room packed with anxious homeowners and builders, council members debated the intricate details of the long-fought "neighborhood stabilization overlay."

A public hearing on the measure is scheduled for the Sept. 28 council meeting, but a vote has not been set. Mayor Laura Miller said she hopes to have the issue decided within 60 days.

"I believe this council will find a solution, and we will pass something," Ms. Miller said. "If we get this approved, it's going to be a compromise. There's got to be something that protects these neighborhoods but also doesn't stop building in Dallas."

The fight over the overlay – a tool that would give homeowners a quick fix to halt incompatible redevelopment – has been brewing for nearly a year.

As it was designed, residents could, with support from a majority of their neighbors, regulate height, garage location, front- and side-yard setbacks and the paved surface of future construction.

The overlay made it through three months of deliberation by the Zoning Ordinance Advisory Committee. It was vetted – and then altered – by the City Plan Commission.

The Plan Commission's version would not allow residents to impose height and story restrictions on their neighbors and would require that 75 percent of homeowners approve the overlay.

At Wednesday's meeting, most of the debate centered on four factors: how many houses constitute a neighborhood; how much time residents have to collect signatures; what percentage of the neighborhood has to sign on for the overlay; and whether height limits can be imposed.

The mayor and a few other council members are interested in a compromise measure – one that would keep story limits in the overlay but require 75 percent of homeowners to sign notarized city-issued petitions.

The council couldn't agree.

Council member Angela Hunt slammed her colleagues, saying they were trying to limit homeowners' ability to protect neighborhoods. And she argued the 75 percent threshold is ridiculous because it's a higher standard than for any other neighbor-generated zoning change.

Council member Bill Blaydes said he won't support height or story limits. And he won't vote for anything less than 75 percent support from the neighborhood, or any more than 90 days to get the petitions signed and notarized.

"It's detrimental to the redevelopment of certain parts of our city," he said.

He said conservation districts do everything homeowners are looking for with the overlay. Maybe the approval process for such districts should be improved instead of adding "another layer to the bureaucracy," he said.

Deputy Mayor Pro Tem Elba Garcia said she can be flexible on the time restriction. But height "is a big issue," she said.

"This is a tool that has to be in the toolbox for neighborhoods," she said.

Putting a virtual moratorium on a whole segment of the housing market may "affect corporate relocations and force builders to look to the suburbs," said Paul Cauduro, director of government relations for the Homebuilders Association of Greater Dallas.

And it will certainly drain new tax revenue that could bolster the city and DISD's budget, he said.

"Builders want what is in the best interest of the city of Dallas. We firmly believe this [overlay] is not," he said. "All the issues raised ... can be addressed using current ordinances and zoning tools."

Also on Wednesday, Ms. Miller proposed changes to the city's zoning process. The purpose of the changes is to force elected and appointed officials to vote their convictions on cases of "citywide significance" rather than defer to district representatives.

Council members and plan commissioners gave halfhearted support to most of the changes – but many said they didn't see an explicit reason for them.

Ms. Miller said the proposals would appear on next Wednesday's council agenda.

[TexasStooge]

Grand jury indicts DeLay-affiliated PAC

AUSTIN, Texas (WFAA ABC 8/AP) — A grand jury has indicted a political action committee formed by U.S. House Majority Leader Tom DeLay and a Texas business group in connection with 2002 legislative campaign contributions.

The five felony indictments against the two groups were made public Thursday. Neither DeLay nor any individuals with the business group has been charged with any wrongdoing.

The charge against Texans for a Republican Majority alleged the committee illegally accepted a political contribution of $100,000 from the Alliance for Quality Nursing Home Care.

Four indictments against the Texas Association of Business include charges of unlawful political advertising, unlawful contributions to a political committee and unlawful expenditures such as those to a graphics company and political candidates.

Attorney Roy Minton, who represents the Texas Association of Business, said Thursday its president has met with prosecutors, explaining how the group spent about $1.7 million in corporate money for mailings to educate voters on issues. The group has said its mailers did not advocate the election or defeat of any candidates, but were permissible issue ads.

Travis County District Attorney Ronnie Earle is investigating whether the contributions violate state bans against corporate money being spent directly on campaign activities.

The contributions to the 21 Texas House candidates helped Republicans gain a majority in the chamber in the 2002 election.

A grand jury last fall indicted three officials with Texans for a Republican Majority. John Colyandro and Jim Ellis each were accused of one count of money laundering. Colyandro also faces 13 counts of unlawful acceptance of a corporate political contribution.

Washington fundraiser Warren Robold was indicted on charges of accepting or making corporate donations. All are now awaiting trial.

[TexasStooge]

Allen pets test positive for rat poisoning

By STEVE STOLER / WFAA ABC 8

ALLEN, Texas - Kimberly Everson's cat Betty Sue suddenly came down with symptoms that included bleeding from an old wound, vomiting and acting lethargic.

Everson took Betty Sue to her veterinarian and she was shocked by the diagnosis.

"She said she had 13 cases in Allen, and they were all dogs and they had all tested positive for rat poisoning," Everson said.

Pet dog Jazz also got sick. He was acting lethargic around the house and her owner took her to the vet only to find out she too tested positive for rat poisoning.

"I've never put any of that out there," said Julie Vrana, Jazz's owner. "How did it get back there? I have no idea how it got back there."

After the results came back, Vrana then told her neighbor Susie Baxter. Baxter, who has three dogs, decided to test her animals as well after she heard the news. Two of her dogs came back with positive results. Baxter said she fears for their health because rat poison thins blood.

"I can't take my dogs to get groomed because if they get nicked, they could bleed to death," Baxter said.

The pet owners believe someone put the poison in their back yards.

"I think someone out there is trying to control the rat population," Vrana said.

But Allen city officials said until reports are filed with the police department, there's little they can do.

"It's definitely something the police department can look into," said Theresa Warren, with the City of Allen. "We just have to have something to be able to go on at this point."

Allen officials have asked pet owners and their neighbors to report any suspicious activity in alleyways or around houses to police.

"It's very scary," Everson said.