News from the Lone Star State
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- TexasStooge
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City auditor search drags on, seeks funds
Dallas: Prime candidate declined to move; panel says it needs more time
By DAVE LEVINTHAL / The Dallas Morning News
DALLAS, Texas - A year and a half has passed since Dallas last employed a city auditor, and now, a committee tasked with nominating a new one says it needs at least three more months and up to $25,000 to land a suitable candidate.
Such is the latest development among several setbacks in City Hall's quest to appoint a top internal watchdog, whose responsibilities include fraud investigations and rating city departments' performances.
Last month, the City Council-appointed City Auditor Nominating Commission, on its own, was poised to nominate businessman Gary Lewis for the city auditor's post. But Dallas voters in November approved a charter amendment requiring city auditors to live within the city limits, and Mr. Lewis, a Plano resident, didn't want to move.
"A year and a half is really way too long," said Mitchell Rasansky, chairman of the council's finance, audit and accountability committee. "The department needs closure. If we don't have one in 60 days, that's a big problem."
That, however, may not be possible, said Mary Poss, former Dallas mayor pro tem who serves as the nominating commission's vice chairwoman.
"I'd like to have it done tomorrow," she said. "We're working hard to do this right. Hopefully, we'll have a recommendation for the council by June. Sooner would be better."
Search firm
In the meantime, the nominating commission is directing city staff to select an executive search firm to woo auditor candidates.
The three firms the commission recommended to staff – Alliance Resource Consulting of California, David K. Wasson Management Consulting of Houston and Dallas-based consultant Waters-Oldani – charge between $20,000 and $25,000 for their services.
"I don't have doubts about any of them doing a good job for us," Dallas' Human Resources Department Director David Etheridge told the commission last week.
The search for a new city auditor technically began in September 2004, the month Thomas "Mike" Taylor announced his retirement. He earned $144,500 in his last year.
For months, the council took little action on the matter beyond naming Assistant City Auditor Paul Garner interim city auditor. Midway through last year, the council formed the nominating commission, composed of a membership including former City Auditor Daniel Paul and commission chairman Al Gonzalez, a former council member.
The auditor nominating commission, which was supposed to exist for no longer than six months, conducted its first meeting Sept. 8. Since then, members built a list of auditor candidates and named four finalists this year.
Of them, only Mr. Lewis won the commission over, but they declined to nominate him because he wouldn't move to Dallas.
Four staff members are appointed by, and report directly to, the council – the city manager, city attorney, city secretary and city auditor – and each position has experienced turnover in the past two years.
The city auditor appointment process has taken longer than the other three appointment processes combined.
The council appointed Tom Perkins city attorney seven weeks after Madeleine Johnson resigned. This month, the council unanimously appointed Deborah Watkins to replace former City Secretary Shirley Acy, who retired last week.
In both cases, the council did not appoint a nominating commission, nor hire a search firm.
City manager search
After former City Manager Ted Benavides announced his resignation in May 2004, the council appointed Mary Suhm interim city manager in June 2004 and launched a nationwide search for a permanent replacement.
But faced with a "strong mayor" ballot measure that would have eliminated the position, the council scrapped the search in December 2004. And after voters defeated the ballot measure in May 2005, the council appointed Ms. Suhm permanent city manager outright.
Mr. Garner, who is not eligible to become permanent auditor because he does not have required accounting certifications, says the council has been supportive of him throughout his tenure. And even without a permanent leader, Mr. Garner says his department is functioning well.
"There's a high degree of confidence in the interim, Paul Garner," said Gary Griffith, vice chairman of the council's finance, audit and accountability committee. "But you want a permanent person to be there for leadership and to put a team together. I'd like a nomination in 60 days ... we'll keep the pressure on."
Dallas: Prime candidate declined to move; panel says it needs more time
By DAVE LEVINTHAL / The Dallas Morning News
DALLAS, Texas - A year and a half has passed since Dallas last employed a city auditor, and now, a committee tasked with nominating a new one says it needs at least three more months and up to $25,000 to land a suitable candidate.
Such is the latest development among several setbacks in City Hall's quest to appoint a top internal watchdog, whose responsibilities include fraud investigations and rating city departments' performances.
Last month, the City Council-appointed City Auditor Nominating Commission, on its own, was poised to nominate businessman Gary Lewis for the city auditor's post. But Dallas voters in November approved a charter amendment requiring city auditors to live within the city limits, and Mr. Lewis, a Plano resident, didn't want to move.
"A year and a half is really way too long," said Mitchell Rasansky, chairman of the council's finance, audit and accountability committee. "The department needs closure. If we don't have one in 60 days, that's a big problem."
That, however, may not be possible, said Mary Poss, former Dallas mayor pro tem who serves as the nominating commission's vice chairwoman.
"I'd like to have it done tomorrow," she said. "We're working hard to do this right. Hopefully, we'll have a recommendation for the council by June. Sooner would be better."
Search firm
In the meantime, the nominating commission is directing city staff to select an executive search firm to woo auditor candidates.
The three firms the commission recommended to staff – Alliance Resource Consulting of California, David K. Wasson Management Consulting of Houston and Dallas-based consultant Waters-Oldani – charge between $20,000 and $25,000 for their services.
"I don't have doubts about any of them doing a good job for us," Dallas' Human Resources Department Director David Etheridge told the commission last week.
The search for a new city auditor technically began in September 2004, the month Thomas "Mike" Taylor announced his retirement. He earned $144,500 in his last year.
For months, the council took little action on the matter beyond naming Assistant City Auditor Paul Garner interim city auditor. Midway through last year, the council formed the nominating commission, composed of a membership including former City Auditor Daniel Paul and commission chairman Al Gonzalez, a former council member.
The auditor nominating commission, which was supposed to exist for no longer than six months, conducted its first meeting Sept. 8. Since then, members built a list of auditor candidates and named four finalists this year.
Of them, only Mr. Lewis won the commission over, but they declined to nominate him because he wouldn't move to Dallas.
Four staff members are appointed by, and report directly to, the council – the city manager, city attorney, city secretary and city auditor – and each position has experienced turnover in the past two years.
The city auditor appointment process has taken longer than the other three appointment processes combined.
The council appointed Tom Perkins city attorney seven weeks after Madeleine Johnson resigned. This month, the council unanimously appointed Deborah Watkins to replace former City Secretary Shirley Acy, who retired last week.
In both cases, the council did not appoint a nominating commission, nor hire a search firm.
City manager search
After former City Manager Ted Benavides announced his resignation in May 2004, the council appointed Mary Suhm interim city manager in June 2004 and launched a nationwide search for a permanent replacement.
But faced with a "strong mayor" ballot measure that would have eliminated the position, the council scrapped the search in December 2004. And after voters defeated the ballot measure in May 2005, the council appointed Ms. Suhm permanent city manager outright.
Mr. Garner, who is not eligible to become permanent auditor because he does not have required accounting certifications, says the council has been supportive of him throughout his tenure. And even without a permanent leader, Mr. Garner says his department is functioning well.
"There's a high degree of confidence in the interim, Paul Garner," said Gary Griffith, vice chairman of the council's finance, audit and accountability committee. "But you want a permanent person to be there for leadership and to put a team together. I'd like a nomination in 60 days ... we'll keep the pressure on."
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Support system helps couple deal with son's cancer
By KIM BREEN / The Dallas Morning News
Sarah Bickle never understood the point of hospital vigils until her 7-month-old son underwent brain surgery on a cancerous tumor.
Friends and family became a cocoon that shielded her and her husband, Scott, from the unimaginable challenges confronting Thomas, their only child.
"With a blow this big, you just want people to put their bodies in the way," said Sarah, a teacher at Jasper High School in Plano.Sarah Bickle never understood the point of hospital vigils until her 7-month-old son underwent brain surgery on a cancerous tumor.
Friends and family became a cocoon that shielded her and her husband, Scott, from the unimaginable challenges confronting Thomas, their only child.
"With a blow this big, you just want people to put their bodies in the way," said Sarah, a teacher at Jasper High School in Plano.
Now the Bickles are turning to a growing support system of friends from school, work, church and the Internet to help them face their son's future.
Thomas Bickle sits in his bouncy seat, his gray-blue eyes fixed on his father's face, his baby fingers reaching for Scott's nose. He wears blue-striped feet pajamas and a goofy grin.
Thomas' brain surgery three weeks ago left him with a feeding tube in his nose and tiny stitches on his head. The tumor also robbed him of his baby babble. Surgery or the tumor, or both, injured his vocal chords. He can't cry or make a sound.
When Sarah brought Thomas to his six-month checkup late last month, she thought he was still recovering from recent minor illnesses. But after the nurse measured his head three times, the pediatrician gave the news: Something was seriously wrong. Thomas would need tests to look inside his head.
Still, Sarah and Scott managed to hold on to their laid-back sense of humor. On the way to the MRI at Children's Medical Center in Dallas, hospital staff asked whether Thomas had any metal on him.
"Just a nipple ring," they joked.
But when they sat with the social worker and neurosurgeon to look at the pictures of Thomas' head, they saw a tumor with appendages that looked like green horns growing out of their baby's brain. The couple asked for a room alone and dissolved into tears.
Dr. Brad Weprin, director of neuro-oncology, said the tumor was about the size of a racquetball. Pieces of it wrapped around Thomas' brain stem and nerves and spread to his inner ear.
"The surgery went very well," Dr. Weprin said. Tests show that no tumor remains, he said.
But Thomas' fight is just starting. The doctors say it's very likely a tumor will grow again.
Doctors typically treat children with Thomas' type of tumor –called an ependymoma – with radiation after surgery. But children with the tumor are usually several years older than Thomas.
Radiation, the most successful treatment, is typically not used on babies because it affects their developing brains. Doctors plan to treat Thomas with chemotherapy starting this week. They say it's less effective than radiation. But they don't want to use that treatment until he's 2 or 3 years old.
The prognosis is fairly good for older children, Dr. Weprin said. "In younger children, the results are not as good."
Still, he is cautiously optimistic.
"My goal, my hope, is for him to grow up and die of natural causes, not from this tumor."
Scott resigned from his job last week to take care of Thomas once he comes home from the hospital.
Sarah's insurance will cover most of the medical expenses, so she'll continue to teach. Still, the family's out-of-pocket medical expenses could reach several thousand dollars.
The family was already struggling financially before Thomas' illness. Updates to their 50-year-old Richardson home and bills from Sarah's unexpected Cesarean delivery with Thomas in August drained their bank accounts.
She had already used up her paid leave because of required bed rest during pregnancy and recuperation after Thomas' birth. Neither Sarah nor Scott is drawing a salary right now. She plans to return to the classroom soon.
The couple has turned to the Jasper High School community and the Internet for help. Sarah's principal, Michael Novotny, posted on the school's e-mail listserv to parents about Sarah, who teaches English as a second language.
Sarah writes regularly on a blog about Thomas' trials: http://www.thomasbickle.com. The site allows people to donate online.
It also helps relay news to countless concerned loved ones and acquaintances, and it gives Sarah an outlet to talk about what is happening.
"There's not even words for this," she said. "It's so surreal, so hard to get your head around."
She doesn't know how to respond to people who ask how she's doing. "It's really hard to say where we're at."
So, she writes.
Scott regularly sleeps on the couch in the ICU. Friends deliver food daily and schedule visits so the couple won't ever be alone or inundated with guests.
Sarah and Scott, both in their late 20s, are exhausted and emotionally raw. During a recent visit, he seemed close to tears while talking about their changed lives.
But they continue to laugh, too. After nurses said they had to wean Thomas from narcotics, Scott joked: "So, my son's a drug addict."
Thomas will likely remain in the hospital for a few more days and begin chemotherapy before he goes home. Dr. Weprin said the family faces years of treatment.
"These life-altering events can occur anytime. Never have that attitude, 'It's never going to happen to me,' " he said. "That's what people need to understand."
By KIM BREEN / The Dallas Morning News
Sarah Bickle never understood the point of hospital vigils until her 7-month-old son underwent brain surgery on a cancerous tumor.
Friends and family became a cocoon that shielded her and her husband, Scott, from the unimaginable challenges confronting Thomas, their only child.
"With a blow this big, you just want people to put their bodies in the way," said Sarah, a teacher at Jasper High School in Plano.Sarah Bickle never understood the point of hospital vigils until her 7-month-old son underwent brain surgery on a cancerous tumor.
Friends and family became a cocoon that shielded her and her husband, Scott, from the unimaginable challenges confronting Thomas, their only child.
"With a blow this big, you just want people to put their bodies in the way," said Sarah, a teacher at Jasper High School in Plano.
Now the Bickles are turning to a growing support system of friends from school, work, church and the Internet to help them face their son's future.
Thomas Bickle sits in his bouncy seat, his gray-blue eyes fixed on his father's face, his baby fingers reaching for Scott's nose. He wears blue-striped feet pajamas and a goofy grin.
Thomas' brain surgery three weeks ago left him with a feeding tube in his nose and tiny stitches on his head. The tumor also robbed him of his baby babble. Surgery or the tumor, or both, injured his vocal chords. He can't cry or make a sound.
When Sarah brought Thomas to his six-month checkup late last month, she thought he was still recovering from recent minor illnesses. But after the nurse measured his head three times, the pediatrician gave the news: Something was seriously wrong. Thomas would need tests to look inside his head.
Still, Sarah and Scott managed to hold on to their laid-back sense of humor. On the way to the MRI at Children's Medical Center in Dallas, hospital staff asked whether Thomas had any metal on him.
"Just a nipple ring," they joked.
But when they sat with the social worker and neurosurgeon to look at the pictures of Thomas' head, they saw a tumor with appendages that looked like green horns growing out of their baby's brain. The couple asked for a room alone and dissolved into tears.
Dr. Brad Weprin, director of neuro-oncology, said the tumor was about the size of a racquetball. Pieces of it wrapped around Thomas' brain stem and nerves and spread to his inner ear.
"The surgery went very well," Dr. Weprin said. Tests show that no tumor remains, he said.
But Thomas' fight is just starting. The doctors say it's very likely a tumor will grow again.
Doctors typically treat children with Thomas' type of tumor –called an ependymoma – with radiation after surgery. But children with the tumor are usually several years older than Thomas.
Radiation, the most successful treatment, is typically not used on babies because it affects their developing brains. Doctors plan to treat Thomas with chemotherapy starting this week. They say it's less effective than radiation. But they don't want to use that treatment until he's 2 or 3 years old.
The prognosis is fairly good for older children, Dr. Weprin said. "In younger children, the results are not as good."
Still, he is cautiously optimistic.
"My goal, my hope, is for him to grow up and die of natural causes, not from this tumor."
Scott resigned from his job last week to take care of Thomas once he comes home from the hospital.
Sarah's insurance will cover most of the medical expenses, so she'll continue to teach. Still, the family's out-of-pocket medical expenses could reach several thousand dollars.
The family was already struggling financially before Thomas' illness. Updates to their 50-year-old Richardson home and bills from Sarah's unexpected Cesarean delivery with Thomas in August drained their bank accounts.
She had already used up her paid leave because of required bed rest during pregnancy and recuperation after Thomas' birth. Neither Sarah nor Scott is drawing a salary right now. She plans to return to the classroom soon.
The couple has turned to the Jasper High School community and the Internet for help. Sarah's principal, Michael Novotny, posted on the school's e-mail listserv to parents about Sarah, who teaches English as a second language.
Sarah writes regularly on a blog about Thomas' trials: http://www.thomasbickle.com. The site allows people to donate online.
It also helps relay news to countless concerned loved ones and acquaintances, and it gives Sarah an outlet to talk about what is happening.
"There's not even words for this," she said. "It's so surreal, so hard to get your head around."
She doesn't know how to respond to people who ask how she's doing. "It's really hard to say where we're at."
So, she writes.
Scott regularly sleeps on the couch in the ICU. Friends deliver food daily and schedule visits so the couple won't ever be alone or inundated with guests.
Sarah and Scott, both in their late 20s, are exhausted and emotionally raw. During a recent visit, he seemed close to tears while talking about their changed lives.
But they continue to laugh, too. After nurses said they had to wean Thomas from narcotics, Scott joked: "So, my son's a drug addict."
Thomas will likely remain in the hospital for a few more days and begin chemotherapy before he goes home. Dr. Weprin said the family faces years of treatment.
"These life-altering events can occur anytime. Never have that attitude, 'It's never going to happen to me,' " he said. "That's what people need to understand."
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Firefighters search for missing fisherman
By MARGARITA MARTIN-HIDALGO / The Dallas Morning News
GARLAND, Texas - Dallas firefighters searched Saturday for the body of a man who reportedly fell off a boat while fishing on Lake Ray Hubbard, a Dallas Fire-Rescue spokesman said.
The man, whose name was not available, was fishing about 100 yards from the shore before he was reported missing about 6 p.m. Friday, Dallas Fire-Rescue Lt. Joel Lavender said.
Garland firefighters helped the Dallas search team Friday, but the rescuers had to call off the search because of bad weather.
-------------------------------------------------------------------------------------
See Continuing Coverage of the North Texas Floods in the USA Weather Forum.
By MARGARITA MARTIN-HIDALGO / The Dallas Morning News
GARLAND, Texas - Dallas firefighters searched Saturday for the body of a man who reportedly fell off a boat while fishing on Lake Ray Hubbard, a Dallas Fire-Rescue spokesman said.
The man, whose name was not available, was fishing about 100 yards from the shore before he was reported missing about 6 p.m. Friday, Dallas Fire-Rescue Lt. Joel Lavender said.
Garland firefighters helped the Dallas search team Friday, but the rescuers had to call off the search because of bad weather.
-------------------------------------------------------------------------------------
See Continuing Coverage of the North Texas Floods in the USA Weather Forum.
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One dead in Lubbock restaurant roof collapse
LUBBOCK, Texas (WFAA ABC 8/AP) — One woman died and 10 other people were hospitalized after a roof collapsed at a Lubbock restaurant during Monday's lunch hour.
Lubbock Fire Department Captain Doyce Ewing said authorities were unsure what caused the roof to collapse at the Little Panda restaurant around noon CST. Wind gusts in some parts of Lubbock reached as high as 61 mph Monday, which forecasters said was unusual for this time of the year.
It was unclear now many patrons in all were in the restaurant at the time, Ewing said.
"Right now we have ongoing operations, but at this time we believe we have all people accounted for," Ewing said.
Officials said the 10 people who were taken to two area hospitals had non-life threatening injuries.
Ewing said authorities at the scene were trying to stabilize what was left of the single story, brick structure.
The name and age of the female victim was not immediately released.
LUBBOCK, Texas (WFAA ABC 8/AP) — One woman died and 10 other people were hospitalized after a roof collapsed at a Lubbock restaurant during Monday's lunch hour.
Lubbock Fire Department Captain Doyce Ewing said authorities were unsure what caused the roof to collapse at the Little Panda restaurant around noon CST. Wind gusts in some parts of Lubbock reached as high as 61 mph Monday, which forecasters said was unusual for this time of the year.
It was unclear now many patrons in all were in the restaurant at the time, Ewing said.
"Right now we have ongoing operations, but at this time we believe we have all people accounted for," Ewing said.
Officials said the 10 people who were taken to two area hospitals had non-life threatening injuries.
Ewing said authorities at the scene were trying to stabilize what was left of the single story, brick structure.
The name and age of the female victim was not immediately released.
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Plano soccer coach denies charges
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - The Plano soccer coach accused of inappropriate touching with two girls denies the charges against him, his attorney said Monday.
Dennis Drummond, 64, was arrested last week by Plano police on two charges of indecency with a child by contact. Police have said they are investigating three additional allegations.
According to arrest warrant affidavits, two elementary school-age girls accused Mr. Drummond of inappropriate touching. One girl said Mr. Drummond touched her inappropriately over her bathing suit. Another said he made her touch his private area over his clothes.
Mr. Drummond's attorney, Paul Stuckle, said Mr. Drummond did not act inappropriately with the children.
"He's not a monster," Mr. Stuckle said. "He's a human being who cares about children."
He said Mr. Drummond was simply giving his time to help children play soccer "and it backfired on him."
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - The Plano soccer coach accused of inappropriate touching with two girls denies the charges against him, his attorney said Monday.
Dennis Drummond, 64, was arrested last week by Plano police on two charges of indecency with a child by contact. Police have said they are investigating three additional allegations.
According to arrest warrant affidavits, two elementary school-age girls accused Mr. Drummond of inappropriate touching. One girl said Mr. Drummond touched her inappropriately over her bathing suit. Another said he made her touch his private area over his clothes.
Mr. Drummond's attorney, Paul Stuckle, said Mr. Drummond did not act inappropriately with the children.
"He's not a monster," Mr. Stuckle said. "He's a human being who cares about children."
He said Mr. Drummond was simply giving his time to help children play soccer "and it backfired on him."
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DNA frees Dallas jailed 18 years
Dallas: Judge apologizes, immediately releases worker innocent in rape
By ROBERT THARP / The Dallas Morning News
DALLAS, Texas - Gregory Wallis finally allowed himself to be overcome by the moment Monday morning as a judge faced him and apologized for the 18 years he spent locked away.
Wearing borrowed clothes and sporting a fresh prison-issue buzz haircut, the 47-year-old put a burly hand to his brow, breathed purposefully and, for just a moment, lost the fight to keep from sobbing.
Mr. Wallis spent nearly two decades declaring his innocence to anyone who'd listen, but it took two different DNA tests spanning more than a year to finally force the jail doors open.
"You should not be incarcerated – not a moment longer," District Judge John Creuzot said before granting him a personal recognizance bond while his attorneys pursue a legal process that would have him officially declared innocent and pardoned.
"I don't know how to apologize," said Judge Creuzot, who was not involved in the first trial. "I don't know where to start, but I'll start with me and 'I'm sorry.' "
Leaving the courthouse, Mr. Wallis said he's eager to begin his new life. He speculated on his first meal as a free man. "Maybe a steak," he said.
Mr. Wallis was a 29-year-old warehouse worker when he was accused of breaking into a home and attacking a woman in 1988.
The attacker spent hours in the house, so the victim felt confident when she picked Mr. Wallis out of a photo lineup. She even described the rapist as having a tattoo of a woman with long hair and big eyes similar to one that Mr. Wallis had.
Mr. Wallis' photograph was placed in the lineup after police received an anonymous tip that he was involved in the attack.
"I don't know how she picked me," he said. "I was sitting at home, and they came and arrested me. The next thing I know, I'm standing trial."
A jury convicted Mr. Wallis of burglary of a habitation with intent to commit sexual assault and sentenced him to 50 years in prison.
He had been convicted of robbery several times in the past, but had never been known to assault anyone, his attorney said.
At the time of his trial on the rape charge, DNA analysis was not as sensitive as it is today. An expert testified at his trial that authorities could not extract any DNA evidence to test, so the trial relied on the victim's testimony.
On the advice of his attorneys, Mr. Wallis did not testify on his own behalf.
He left the Dallas County Jail for some of the state's toughest "supermax" prisons but said he never gave up. In 2004, he asked for a for a post-conviction DNA analysis of his case.
The process was slow because investigators had to track down new DNA samples from the woman as well as her former boyfriend. They also had to find the original DNA evidence from the attack.
"I didn't give up hope," he said. "I didn't cop out. I kept fighting."
Results of the first test released in December were encouraging but could not entirely exclude Mr. Wallis as a suspect. At that point, Mr. Wallis could have been freed provided that he agreed to live as a registered sex offender for the rest of his life.
That, he said, was unacceptable.
"That ain't me," he said. "That's not in my character."
Mr. Wallis' attorney, public defender Michelle Moore, then asked Judge Creuzot to allow a newer and more sophisticated DNA test.
That analysis, known as a "YSTR" test, was able to take DNA material retrieved from the victim's rape exam and segregate the DNA from the woman, her boyfriend at the time and the attacker.
The second test came back last month and found no match with Mr. Wallis' DNA. It also concluded that whoever smoked a cigarette recovered from the crime scene was the same person who sexually assaulted the woman.
Mr. Wallis said he will now turn his attention to the future. Like others falsely convicted in Texas, he's eligible for up to $250,000 in compensation for the years he spent locked up.
From prison, he learned to repair heating and cooling systems, so he said he'll look for work in that trade.
"I'm going to settle down and get a job ... go fishing," he said.
Dallas: Judge apologizes, immediately releases worker innocent in rape
By ROBERT THARP / The Dallas Morning News
DALLAS, Texas - Gregory Wallis finally allowed himself to be overcome by the moment Monday morning as a judge faced him and apologized for the 18 years he spent locked away.
Wearing borrowed clothes and sporting a fresh prison-issue buzz haircut, the 47-year-old put a burly hand to his brow, breathed purposefully and, for just a moment, lost the fight to keep from sobbing.
Mr. Wallis spent nearly two decades declaring his innocence to anyone who'd listen, but it took two different DNA tests spanning more than a year to finally force the jail doors open.
"You should not be incarcerated – not a moment longer," District Judge John Creuzot said before granting him a personal recognizance bond while his attorneys pursue a legal process that would have him officially declared innocent and pardoned.
"I don't know how to apologize," said Judge Creuzot, who was not involved in the first trial. "I don't know where to start, but I'll start with me and 'I'm sorry.' "
Leaving the courthouse, Mr. Wallis said he's eager to begin his new life. He speculated on his first meal as a free man. "Maybe a steak," he said.
Mr. Wallis was a 29-year-old warehouse worker when he was accused of breaking into a home and attacking a woman in 1988.
The attacker spent hours in the house, so the victim felt confident when she picked Mr. Wallis out of a photo lineup. She even described the rapist as having a tattoo of a woman with long hair and big eyes similar to one that Mr. Wallis had.
Mr. Wallis' photograph was placed in the lineup after police received an anonymous tip that he was involved in the attack.
"I don't know how she picked me," he said. "I was sitting at home, and they came and arrested me. The next thing I know, I'm standing trial."
A jury convicted Mr. Wallis of burglary of a habitation with intent to commit sexual assault and sentenced him to 50 years in prison.
He had been convicted of robbery several times in the past, but had never been known to assault anyone, his attorney said.
At the time of his trial on the rape charge, DNA analysis was not as sensitive as it is today. An expert testified at his trial that authorities could not extract any DNA evidence to test, so the trial relied on the victim's testimony.
On the advice of his attorneys, Mr. Wallis did not testify on his own behalf.
He left the Dallas County Jail for some of the state's toughest "supermax" prisons but said he never gave up. In 2004, he asked for a for a post-conviction DNA analysis of his case.
The process was slow because investigators had to track down new DNA samples from the woman as well as her former boyfriend. They also had to find the original DNA evidence from the attack.
"I didn't give up hope," he said. "I didn't cop out. I kept fighting."
Results of the first test released in December were encouraging but could not entirely exclude Mr. Wallis as a suspect. At that point, Mr. Wallis could have been freed provided that he agreed to live as a registered sex offender for the rest of his life.
That, he said, was unacceptable.
"That ain't me," he said. "That's not in my character."
Mr. Wallis' attorney, public defender Michelle Moore, then asked Judge Creuzot to allow a newer and more sophisticated DNA test.
That analysis, known as a "YSTR" test, was able to take DNA material retrieved from the victim's rape exam and segregate the DNA from the woman, her boyfriend at the time and the attacker.
The second test came back last month and found no match with Mr. Wallis' DNA. It also concluded that whoever smoked a cigarette recovered from the crime scene was the same person who sexually assaulted the woman.
Mr. Wallis said he will now turn his attention to the future. Like others falsely convicted in Texas, he's eligible for up to $250,000 in compensation for the years he spent locked up.
From prison, he learned to repair heating and cooling systems, so he said he'll look for work in that trade.
"I'm going to settle down and get a job ... go fishing," he said.
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Plano soccer coach denies indecency charges
PLANO, Texas (WFAA ABC 8) - A Plano soccer coach accused of inappropriately touching two girls has denied the charges.
Dennis Drummond says he did not do anything wrong.
His attorney says his client is not a monster.
But - the former soccer coach has been charged with two counts of indecency involving two elementary school girls.
And three more allegations have surfaced.
Drummond's attorney says his client was giving back to children and his actions backfired.
PLANO, Texas (WFAA ABC 8) - A Plano soccer coach accused of inappropriately touching two girls has denied the charges.
Dennis Drummond says he did not do anything wrong.
His attorney says his client is not a monster.
But - the former soccer coach has been charged with two counts of indecency involving two elementary school girls.
And three more allegations have surfaced.
Drummond's attorney says his client was giving back to children and his actions backfired.
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Man dies in quagmire after foot chase with deputies
DALLAS, Texas (WFAA ABC 8/AP) - A man chased into an open field on foot by Dallas County Sheriff's deputies sank into a quagmire and died after rescue attempts failed.
The incident happened before dawn in southeastern Dallas County near the town of Combine.
Sgt. Don Peritz said deputies stopped the man in his vehicle for having an outdated registration sticker. He said the man fled into a nearby field after deputies learned he had falsely identified himself.
According to Peritz, deputies searched for about an hour before they found the man sunk up to his waist in a quagmire. They tried repeatedly over several hours to pull him out, but they were forced to call for help after they also began sinking into the cold mud. The man eventually died before he could be removed.
Peritz said it is not known why the man died, and an autopsy is planned. He said the man, who has not been identified, told his would-be rescuers that he had a medical condition.
Peritz said weather conditions in the field were cold and windy with temperatures in the upper 30s.
DALLAS, Texas (WFAA ABC 8/AP) - A man chased into an open field on foot by Dallas County Sheriff's deputies sank into a quagmire and died after rescue attempts failed.
The incident happened before dawn in southeastern Dallas County near the town of Combine.
Sgt. Don Peritz said deputies stopped the man in his vehicle for having an outdated registration sticker. He said the man fled into a nearby field after deputies learned he had falsely identified himself.
According to Peritz, deputies searched for about an hour before they found the man sunk up to his waist in a quagmire. They tried repeatedly over several hours to pull him out, but they were forced to call for help after they also began sinking into the cold mud. The man eventually died before he could be removed.
Peritz said it is not known why the man died, and an autopsy is planned. He said the man, who has not been identified, told his would-be rescuers that he had a medical condition.
Peritz said weather conditions in the field were cold and windy with temperatures in the upper 30s.
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32 girls can be cheerleaders
Carroll ISD: Trustees say all who tried out allowed on squad
By LAURIE FOX / The Dallas Morning News
SOUTHLAKE, Texas – Carroll school board members Monday night reversed their previous decision and reinstated all 32 girls who tried out for the Carroll Senior High School varsity cheerleading squad last year.
Two weeks ago, the cheerleaders had been cut to the original 14 members who made the squad during December tryouts.
Some of the 14 girls who made the squad initially sobbed at the news of the board's decision late Monday night. They were told by the board two weeks ago that they would be the only members of the squad.
Board members said Monday night that they found inconsistencies in the tryout process.
"The focus must be on what is best for the students and this district," board member Craig Rothmeier said.
Trustees debated for several hours Monday night a grievance that arose from their March 6 decision to cut the squad by more than half and order new tryouts.
This time, parents said the December tryouts for the Carroll Senior High squad were flawed. They contend the process involved questionable decisions by several district employees.
The board considered arguments by parents of cheerleaders who did not initially make the squad.
The parents wanted the school board to reverse itself and allow all the girls to be on the squad or to hold tryouts again.
Most area school districts say they've never had such complaints reach the school board level. Amid charges of unfair judging and favoritism, the issue has continued to plague the district.
According to the complaint, the scores of the 32 girls who tried out are suspect because of "statistical anomalies in the scores and the presence of at least two girls on the squad who did not make the required 86 score."
Changes in standards of participation each year, judging criteria and the cheerleader constitution have further confused the process, the grievance states.
The complaint also called for an independent investigation of personnel and procedures in the varsity cheerleader process from September to present. It also asks that the school board review and adopt a cheerleader constitution and have oversight on any future changes.
The problems began in December, when only 14 girls posted scores high enough to make the 2006-07 squad. Later, four incoming seniors were allowed on the squad even though they hadn't qualified at the tryout.
Parents of others who didn't qualify protested, prompting school officials to allow everyone who tried out to be on the squad.
The parents of the original 14 qualifiers also balked, saying that their daughters demonstrated the skills required.
They filed a grievance that was appealed past the campus and administration to the school board two weeks ago. That's when the board voted to hold new tryouts for all but the original 14.
Parents are still seeking answers about the tryout process: Who qualified the first time? Was anyone else added after the judges' final tally? What was the judges' final tally?
Carroll ISD: Trustees say all who tried out allowed on squad
By LAURIE FOX / The Dallas Morning News
SOUTHLAKE, Texas – Carroll school board members Monday night reversed their previous decision and reinstated all 32 girls who tried out for the Carroll Senior High School varsity cheerleading squad last year.
Two weeks ago, the cheerleaders had been cut to the original 14 members who made the squad during December tryouts.
Some of the 14 girls who made the squad initially sobbed at the news of the board's decision late Monday night. They were told by the board two weeks ago that they would be the only members of the squad.
Board members said Monday night that they found inconsistencies in the tryout process.
"The focus must be on what is best for the students and this district," board member Craig Rothmeier said.
Trustees debated for several hours Monday night a grievance that arose from their March 6 decision to cut the squad by more than half and order new tryouts.
This time, parents said the December tryouts for the Carroll Senior High squad were flawed. They contend the process involved questionable decisions by several district employees.
The board considered arguments by parents of cheerleaders who did not initially make the squad.
The parents wanted the school board to reverse itself and allow all the girls to be on the squad or to hold tryouts again.
Most area school districts say they've never had such complaints reach the school board level. Amid charges of unfair judging and favoritism, the issue has continued to plague the district.
According to the complaint, the scores of the 32 girls who tried out are suspect because of "statistical anomalies in the scores and the presence of at least two girls on the squad who did not make the required 86 score."
Changes in standards of participation each year, judging criteria and the cheerleader constitution have further confused the process, the grievance states.
The complaint also called for an independent investigation of personnel and procedures in the varsity cheerleader process from September to present. It also asks that the school board review and adopt a cheerleader constitution and have oversight on any future changes.
The problems began in December, when only 14 girls posted scores high enough to make the 2006-07 squad. Later, four incoming seniors were allowed on the squad even though they hadn't qualified at the tryout.
Parents of others who didn't qualify protested, prompting school officials to allow everyone who tried out to be on the squad.
The parents of the original 14 qualifiers also balked, saying that their daughters demonstrated the skills required.
They filed a grievance that was appealed past the campus and administration to the school board two weeks ago. That's when the board voted to hold new tryouts for all but the original 14.
Parents are still seeking answers about the tryout process: Who qualified the first time? Was anyone else added after the judges' final tally? What was the judges' final tally?
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Physician fires lawyer for child custody trial
Denton: Rohr opts to defend self, scolds judge, loses motions on 1st day
By BRANDON FORMBY / The Dallas Morning News
DENTON, Texas – On the first day of her interference with child custody trial, Elizabeth Rohr dismissed her attorney, openly admonished state District Judge L. Dee Shipman and lost several motions.
Dr. Rohr and Judge Shipman went back and forth for about an hour Monday about whether it was in the Roanoke physician's best interest to represent herself.
"I think this is a big mistake on your part," Judge Shipman said.
The judge also warned Dr. Rohr that she would not be granted any continuances or be given special treatment for not having an attorney. Dr. Rohr did not relent.
The 46-year-old woman is accused of fleeing with her five youngest children after she defied Judge Shipman's 2004 order to turn them over to their father.
After an Amber Alert was issued, Dr. Rohr was arrested in South Texas near the Mexico border.
Since that arrest, Dr. Rohr has been entangled in a web of legal dramas across the Dallas-Fort Worth area.
She spent 74 days in jail for not complying with a federal bankruptcy court judge's orders.
That same judge also ordered the Denton County court clerk's office to no longer accept land filings from or on Dr. Rohr's behalf unless they are accompanied by a court order.
Dr. Rohr has also filed lawsuits against law enforcement agencies she and her fiancé have had contact with.
The family physician first made news in 2002 after authorities seized dozens of starving horses on two sprawling ranches and charged her with animal cruelty.
On Monday, she filed a lawsuit stemming from the court-ordered sale of the Southlake ranch she once lived on with her children.
Defendants in that suit include the city of Southlake, the Southlake Police Department, several attorneys, a federal bankruptcy judge, federal bankruptcy trustees, Judge Shipman, the 211th District Court that Judge Shipman presides over and the United States of America. The suit states that papers related to the lawsuit could be served on Secretary of State Condoleezza Rice.
After taking over her defense, Dr. Rohr presented a motion requesting Judge Shipman's recusal from the case. Another Denton County judge denied the motion.
Denton County prosecutor Debra Bender read the five counts against Dr. Rohr aloud after Judge Shipman was allowed to proceed. When Dr. Rohr declined to enter pleas, Judge Shipman told her that not guilty pleas would be entered on her behalf. That upset Dr. Rohr.
"You're fired," Dr. Rohr said to the judge repeatedly as the pleas were entered.
Prosecutors mostly ignored Dr. Rohr's outbursts, which did little to slow the trial.
"You're practicing law without a license when you make a determination for the defendant," Dr. Rohr told Judge Shipman.
Dr. Rohr requested a change of venue because of publicity surrounding her legal battles. Judge Shipman also denied that motion.
At one point, Dr. Rohr took a moment to swear allegiance to the Pembina Little Shell Band of Chippewa – the Native American tribe she says she belongs to. Court officials had little reaction.
Jury selection in the trial began Monday afternoon and continued into the evening. Some people said they were familiar with Dr. Rohr because of media coverage. But almost all of those prospective jurors said that would not affect their objectivity.
Dr. Rohr asked jurors about their knowledge of American Indians, whether they had children and whether they believed in God's laws.
If convicted, Dr. Rohr faces up to two years in state jail and a $10,000 fine on each count. She also could lose her license to practice medicine. Opening statements are expected to begin today.
Denton: Rohr opts to defend self, scolds judge, loses motions on 1st day
By BRANDON FORMBY / The Dallas Morning News
DENTON, Texas – On the first day of her interference with child custody trial, Elizabeth Rohr dismissed her attorney, openly admonished state District Judge L. Dee Shipman and lost several motions.
Dr. Rohr and Judge Shipman went back and forth for about an hour Monday about whether it was in the Roanoke physician's best interest to represent herself.
"I think this is a big mistake on your part," Judge Shipman said.
The judge also warned Dr. Rohr that she would not be granted any continuances or be given special treatment for not having an attorney. Dr. Rohr did not relent.
The 46-year-old woman is accused of fleeing with her five youngest children after she defied Judge Shipman's 2004 order to turn them over to their father.
After an Amber Alert was issued, Dr. Rohr was arrested in South Texas near the Mexico border.
Since that arrest, Dr. Rohr has been entangled in a web of legal dramas across the Dallas-Fort Worth area.
She spent 74 days in jail for not complying with a federal bankruptcy court judge's orders.
That same judge also ordered the Denton County court clerk's office to no longer accept land filings from or on Dr. Rohr's behalf unless they are accompanied by a court order.
Dr. Rohr has also filed lawsuits against law enforcement agencies she and her fiancé have had contact with.
The family physician first made news in 2002 after authorities seized dozens of starving horses on two sprawling ranches and charged her with animal cruelty.
On Monday, she filed a lawsuit stemming from the court-ordered sale of the Southlake ranch she once lived on with her children.
Defendants in that suit include the city of Southlake, the Southlake Police Department, several attorneys, a federal bankruptcy judge, federal bankruptcy trustees, Judge Shipman, the 211th District Court that Judge Shipman presides over and the United States of America. The suit states that papers related to the lawsuit could be served on Secretary of State Condoleezza Rice.
After taking over her defense, Dr. Rohr presented a motion requesting Judge Shipman's recusal from the case. Another Denton County judge denied the motion.
Denton County prosecutor Debra Bender read the five counts against Dr. Rohr aloud after Judge Shipman was allowed to proceed. When Dr. Rohr declined to enter pleas, Judge Shipman told her that not guilty pleas would be entered on her behalf. That upset Dr. Rohr.
"You're fired," Dr. Rohr said to the judge repeatedly as the pleas were entered.
Prosecutors mostly ignored Dr. Rohr's outbursts, which did little to slow the trial.
"You're practicing law without a license when you make a determination for the defendant," Dr. Rohr told Judge Shipman.
Dr. Rohr requested a change of venue because of publicity surrounding her legal battles. Judge Shipman also denied that motion.
At one point, Dr. Rohr took a moment to swear allegiance to the Pembina Little Shell Band of Chippewa – the Native American tribe she says she belongs to. Court officials had little reaction.
Jury selection in the trial began Monday afternoon and continued into the evening. Some people said they were familiar with Dr. Rohr because of media coverage. But almost all of those prospective jurors said that would not affect their objectivity.
Dr. Rohr asked jurors about their knowledge of American Indians, whether they had children and whether they believed in God's laws.
If convicted, Dr. Rohr faces up to two years in state jail and a $10,000 fine on each count. She also could lose her license to practice medicine. Opening statements are expected to begin today.
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Doctor found in contempt after courtroom profanity
Representing herself, Rohr cross-examines officers during testimony
By BRANDON FORMBY / The Dallas Morning News
DENTON, Texas — Elizabeth Rohr found herself with yet another legal obstacle on the second day of her interference with child custody trial after her cellphone rang during testimony and she blurted out a curse word.
State District Judge L. Dee Shipman found Dr. Rohr in contempt and fined her $100, which he said must be paid before the Roanoke physician leaves the Denton County Courthouse on Tuesday. Dr. Rohr is representing herself after dismissing her attorney Monday morning as the trial was about to start.
The judge immediately dismissed the jury after the incident and admonished Dr. Rohr for cursing and leaving her cell phone on. He said if she has another outburst, he’ll hold her in jail.
Three San Benito, Texas police officers testified this morning about the day Dr. Rohr was arrested near the Mexico border. The 46-year-old woman is accused of fleeing with her five youngest children after she defied Judge Shipman’s 2004 order to turn them over to her father.
Officer Carlos Romero testified that officers recognized Dr. Rohr’s vehicle in a motel parking lot after a description of the car was part of an Amber Alert that had been issued. Dr. Rohr was about to pull out of the parking lot when officers arrested her, he said. Her five young children were inside a motel room without any adults.
Officer Romero said the children were either in their underwear or naked when they were found in the motel, which he described as a crime-ridden property.
“”It’s known for drugs, prostitution and stolen property,” Officer Romero testified. “It’s one of the worst in town.”
After Dr. Rohr showed police which room the children were in, she told the children not to let their father poison them against her, he testified.
“She hugged and kissed them and told them not to forget her,” Officer Romero said.
Dr. Rohr hasn’t talked to her children since. She dismissed her attorney Monday and is representing herself in the felony case.
During cross examination of two of the officers, Dr. Rohr asked if the children appeared to be in any danger. Both men said they did not.
She also asked if any passports, birth certificates or large amounts of money were recovered or if she had given them any indication at the time about where she was heading. Both men answered no.
A third officer testified about noticing that Dr. Rohr was missing while he was guarding her at a hospital after her post-arrest fainting spell. Officer Rogelio Banda said he went into the bathroom and saw ceiling tiles had been moved. After he did not find evidence of her in the ceiling or any vents, he found her crouched under the sink cabinet.
Dr. Rohr’s questions for witnesses were punctuated by pauses Tuesday as she took copious notes throughout the testimony. She often asked the same questions repeatedly. Prosecutor Lisa Decker successfully objected to several of Dr. Rohr’s questions, saying they were either repetitious or irrelevant.
Dr. Rohr first made news in 2002 after authorities seized dozens of starving horses on two sprawling ranches and charged her with animal cruelty.
Since her August 2004 arrest in South Texas, Dr. Rohr has been entangled in a web of legal dramas across the Dallas-Fort Worth area.
She spent 74 days in jail for not complying with a federal bankruptcy court judge's orders.
That same judge also ordered the Denton County court clerk's office to no longer accept land filings from or on Dr. Rohr's behalf unless they are accompanied by a court order.
Dr. Rohr has also filed lawsuits against law enforcement agencies she and her fiancé have had contact with.
On Monday, she filed a lawsuit stemming from the court-ordered sale of the Southlake ranch she once lived on with her children.
Defendants in that suit include the city of Southlake, the Southlake Police Department, several attorneys, a federal bankruptcy judge, federal bankruptcy trustees, Judge Shipman, the 211th District Court that Judge Shipman presides over and the United States of America. The suit states that papers related to the lawsuit could be served on Secretary of State Condoleezza Rice.
Representing herself, Rohr cross-examines officers during testimony
By BRANDON FORMBY / The Dallas Morning News
DENTON, Texas — Elizabeth Rohr found herself with yet another legal obstacle on the second day of her interference with child custody trial after her cellphone rang during testimony and she blurted out a curse word.
State District Judge L. Dee Shipman found Dr. Rohr in contempt and fined her $100, which he said must be paid before the Roanoke physician leaves the Denton County Courthouse on Tuesday. Dr. Rohr is representing herself after dismissing her attorney Monday morning as the trial was about to start.
The judge immediately dismissed the jury after the incident and admonished Dr. Rohr for cursing and leaving her cell phone on. He said if she has another outburst, he’ll hold her in jail.
Three San Benito, Texas police officers testified this morning about the day Dr. Rohr was arrested near the Mexico border. The 46-year-old woman is accused of fleeing with her five youngest children after she defied Judge Shipman’s 2004 order to turn them over to her father.
Officer Carlos Romero testified that officers recognized Dr. Rohr’s vehicle in a motel parking lot after a description of the car was part of an Amber Alert that had been issued. Dr. Rohr was about to pull out of the parking lot when officers arrested her, he said. Her five young children were inside a motel room without any adults.
Officer Romero said the children were either in their underwear or naked when they were found in the motel, which he described as a crime-ridden property.
“”It’s known for drugs, prostitution and stolen property,” Officer Romero testified. “It’s one of the worst in town.”
After Dr. Rohr showed police which room the children were in, she told the children not to let their father poison them against her, he testified.
“She hugged and kissed them and told them not to forget her,” Officer Romero said.
Dr. Rohr hasn’t talked to her children since. She dismissed her attorney Monday and is representing herself in the felony case.
During cross examination of two of the officers, Dr. Rohr asked if the children appeared to be in any danger. Both men said they did not.
She also asked if any passports, birth certificates or large amounts of money were recovered or if she had given them any indication at the time about where she was heading. Both men answered no.
A third officer testified about noticing that Dr. Rohr was missing while he was guarding her at a hospital after her post-arrest fainting spell. Officer Rogelio Banda said he went into the bathroom and saw ceiling tiles had been moved. After he did not find evidence of her in the ceiling or any vents, he found her crouched under the sink cabinet.
Dr. Rohr’s questions for witnesses were punctuated by pauses Tuesday as she took copious notes throughout the testimony. She often asked the same questions repeatedly. Prosecutor Lisa Decker successfully objected to several of Dr. Rohr’s questions, saying they were either repetitious or irrelevant.
Dr. Rohr first made news in 2002 after authorities seized dozens of starving horses on two sprawling ranches and charged her with animal cruelty.
Since her August 2004 arrest in South Texas, Dr. Rohr has been entangled in a web of legal dramas across the Dallas-Fort Worth area.
She spent 74 days in jail for not complying with a federal bankruptcy court judge's orders.
That same judge also ordered the Denton County court clerk's office to no longer accept land filings from or on Dr. Rohr's behalf unless they are accompanied by a court order.
Dr. Rohr has also filed lawsuits against law enforcement agencies she and her fiancé have had contact with.
On Monday, she filed a lawsuit stemming from the court-ordered sale of the Southlake ranch she once lived on with her children.
Defendants in that suit include the city of Southlake, the Southlake Police Department, several attorneys, a federal bankruptcy judge, federal bankruptcy trustees, Judge Shipman, the 211th District Court that Judge Shipman presides over and the United States of America. The suit states that papers related to the lawsuit could be served on Secretary of State Condoleezza Rice.
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Police ID man who died in muddy pursuit
DALLAS, Texas (WFAA ABC 8) - A man chased into an open field on foot by Dallas County Sheriff's deputies sank into a quagmire and died after rescue attempts failed.
The incident happened before dawn in southeastern Dallas County near the town of Combine.
Sgt. Don Peritz said deputies stopped the man in his vehicle for having an outdated registration sticker. He said the man—identified as Shawn Ellis LeFlore, 33—fled into a nearby field after deputies learned he had falsely identified himself.
According to Peritz, deputies searched for about an hour before they found LeFlore sunk up to his waist in a quagmire. They tried repeatedly over several hours to pull him out, but they were forced to call for help after they also began sinking into the cold mud.
"It's unusual from the point that deputies were unable to extricate him originally, and he was able to get himself out," Peritz said. "He literally ran into the field and could not get out from 200 to 250 yards out because the mud was so slick and so wet."
High winds prevented helicopters from being used in the search and rescue effort. "The more he tried to get out and the more they tried to get to him, the further they sunk into the mud."
LeFlore died before he could be removed.
Peritz said it was not known why LeFlore died, and an autopsy was planned. He LeFlore told his would-be rescuers that he had a medical condition.
Five deputies involved in the chase were recovering from symptoms of hypothermia. "They all told me it's cold; they all told me it's wet; they're all literally muddy from head to toe," Peritz said. "It's difficult to distinguish which ones are wearing which uniforms, it's that muddy out here, but they're all a little disappointed they didn't get him out faster."
Peritz said weather conditions in the field were cold and windy with temperatures in the upper 30s.
WFAA-TV photojournalist Robert Flagg, reporters Brad Hawkins and Cynthia Vega and the Associated Press contributed to this report.
DALLAS, Texas (WFAA ABC 8) - A man chased into an open field on foot by Dallas County Sheriff's deputies sank into a quagmire and died after rescue attempts failed.
The incident happened before dawn in southeastern Dallas County near the town of Combine.
Sgt. Don Peritz said deputies stopped the man in his vehicle for having an outdated registration sticker. He said the man—identified as Shawn Ellis LeFlore, 33—fled into a nearby field after deputies learned he had falsely identified himself.
According to Peritz, deputies searched for about an hour before they found LeFlore sunk up to his waist in a quagmire. They tried repeatedly over several hours to pull him out, but they were forced to call for help after they also began sinking into the cold mud.
"It's unusual from the point that deputies were unable to extricate him originally, and he was able to get himself out," Peritz said. "He literally ran into the field and could not get out from 200 to 250 yards out because the mud was so slick and so wet."
High winds prevented helicopters from being used in the search and rescue effort. "The more he tried to get out and the more they tried to get to him, the further they sunk into the mud."
LeFlore died before he could be removed.
Peritz said it was not known why LeFlore died, and an autopsy was planned. He LeFlore told his would-be rescuers that he had a medical condition.
Five deputies involved in the chase were recovering from symptoms of hypothermia. "They all told me it's cold; they all told me it's wet; they're all literally muddy from head to toe," Peritz said. "It's difficult to distinguish which ones are wearing which uniforms, it's that muddy out here, but they're all a little disappointed they didn't get him out faster."
Peritz said weather conditions in the field were cold and windy with temperatures in the upper 30s.
WFAA-TV photojournalist Robert Flagg, reporters Brad Hawkins and Cynthia Vega and the Associated Press contributed to this report.
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Investigators: SWAT officer hit by friendly fire
DALLAS, Texas (WFAA ABC 8) - An internal investigation concluded one of four Dallas police tactical officers injured by gunfire during a February raid was hit by fire from another officer, a department spokesperson said Tuesday.
The shooting occurred while police and federal officials were executing a search warrant at a home in the 1200 block of Oak Park Drive in Southwest Dallas on Feb. 16. Investigators said a suspect inside the home opened fire through the door when officers approached, striking senior corporals Adolfo Perez and Harry Deltufo.
Several officers then exchanged fire with the suspect, and Senior Corporal Dale Hackbarth was struck in the leg. After analyzing evidence and talking to witnesses, investigators determined the shot was fired accidentally by Sgt. Kenneth Wilkins from behind Hackbarth. Wilkins suffered injuries to a finger on his left hand, which investigators said may have also resulted from a bullet fired by his own gun.
Sgt. Wilkins has requested reassignment to a position outside the Tactical Division, the spokesperson said. The Internal Affairs Division will also conduct an administrative review.
DALLAS, Texas (WFAA ABC 8) - An internal investigation concluded one of four Dallas police tactical officers injured by gunfire during a February raid was hit by fire from another officer, a department spokesperson said Tuesday.
The shooting occurred while police and federal officials were executing a search warrant at a home in the 1200 block of Oak Park Drive in Southwest Dallas on Feb. 16. Investigators said a suspect inside the home opened fire through the door when officers approached, striking senior corporals Adolfo Perez and Harry Deltufo.
Several officers then exchanged fire with the suspect, and Senior Corporal Dale Hackbarth was struck in the leg. After analyzing evidence and talking to witnesses, investigators determined the shot was fired accidentally by Sgt. Kenneth Wilkins from behind Hackbarth. Wilkins suffered injuries to a finger on his left hand, which investigators said may have also resulted from a bullet fired by his own gun.
Sgt. Wilkins has requested reassignment to a position outside the Tactical Division, the spokesperson said. The Internal Affairs Division will also conduct an administrative review.
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Unpaid tickets could block registration under bill
By DAVE LEVINTHAL / The Dallas Morning News
You try to re-register your vehicle with your county tax office, as you do every year.
But this go-around, your bill comes to $400 instead of the $70 or so it usually is, and the folks there won't let you get your sticker until you pay up.
That's not necessarily fantasy. Government officials could slap motorists with registration holds until they settle any unpaid parking tickets charged to their vehicle, under a bill state Rep. Tony Goolsby, R-Dallas, says he will file next year.
Although a similar bill he filed in 1999 never mustered much support, Mr. Goolsby says a Dallas Morning News report last month, revealing that companies and private motorists owed Dallas City Hall more than $40 million in outstanding parking tickets, will spark interest in his proposal.
As city officials increase efforts to collect parking ticket fines, one of their primary gripes is the lack of legal collection tools available to them. Other states, including California, use registration holds to pry parking fines from people's pocketbooks.
In Dallas and many other Texas municipalities, parking ticket fines are civil matters that aren't punishable criminally. Driving an unregistered vehicle is a criminal offense, however.
As written, Mr. Goolsby's 1999 registration-hold bill applied to vehicles that accumulated $100 or more in unpaid parking tickets.
"People often say, 'I'm not going to pay because they're not going to come after me,' " said Mr. Goolsby, who is running for re-election in November against Dallas Democrat Harriet Miller. "You'd sure have people coming in and paying tickets if they couldn't register their car."
Said Dallas Assistant City Manager Tommy Gonzalez: "There's certainly a higher return on your collection rate with more tools than less."
The Dallas City Council is ultimately responsible for deciding whether to lobby the Legislature for such a change, noted Mr. Gonzalez, who is leading a month-old City Hall task force charged with finding solutions to Dallas' parking ticket woes. His task force will present its recommendations, which he declined to discuss, to the council's transportation and environment committee next month.
"We want to give the council as many options as possible," Mr. Gonzalez said.
Eagerly awaiting those options is council member Linda Koop, the committee's chairwoman. If registration holds are the best suggestion among those presented to the council, she said, "that's the one we'll go forward with, that's the one we'll talk to Austin about.
"There's just no incentive to pay your tickets right now."
One criticism Mr. Goolsby recalls is that a registration-hold law would disproportionately affect poor citizens. It didn't dissuade him then, he said, and it won't now.
"If I'm poor, I still have an obligation to follow the law," Mr. Goolsby said. "Forty million dollars in one city is a lot of money. And other cities – San Antonio, Houston, Denton, Fort Worth, El Paso – have money owed to them, too. This law will help cities."
By DAVE LEVINTHAL / The Dallas Morning News
You try to re-register your vehicle with your county tax office, as you do every year.
But this go-around, your bill comes to $400 instead of the $70 or so it usually is, and the folks there won't let you get your sticker until you pay up.
That's not necessarily fantasy. Government officials could slap motorists with registration holds until they settle any unpaid parking tickets charged to their vehicle, under a bill state Rep. Tony Goolsby, R-Dallas, says he will file next year.
Although a similar bill he filed in 1999 never mustered much support, Mr. Goolsby says a Dallas Morning News report last month, revealing that companies and private motorists owed Dallas City Hall more than $40 million in outstanding parking tickets, will spark interest in his proposal.
As city officials increase efforts to collect parking ticket fines, one of their primary gripes is the lack of legal collection tools available to them. Other states, including California, use registration holds to pry parking fines from people's pocketbooks.
In Dallas and many other Texas municipalities, parking ticket fines are civil matters that aren't punishable criminally. Driving an unregistered vehicle is a criminal offense, however.
As written, Mr. Goolsby's 1999 registration-hold bill applied to vehicles that accumulated $100 or more in unpaid parking tickets.
"People often say, 'I'm not going to pay because they're not going to come after me,' " said Mr. Goolsby, who is running for re-election in November against Dallas Democrat Harriet Miller. "You'd sure have people coming in and paying tickets if they couldn't register their car."
Said Dallas Assistant City Manager Tommy Gonzalez: "There's certainly a higher return on your collection rate with more tools than less."
The Dallas City Council is ultimately responsible for deciding whether to lobby the Legislature for such a change, noted Mr. Gonzalez, who is leading a month-old City Hall task force charged with finding solutions to Dallas' parking ticket woes. His task force will present its recommendations, which he declined to discuss, to the council's transportation and environment committee next month.
"We want to give the council as many options as possible," Mr. Gonzalez said.
Eagerly awaiting those options is council member Linda Koop, the committee's chairwoman. If registration holds are the best suggestion among those presented to the council, she said, "that's the one we'll go forward with, that's the one we'll talk to Austin about.
"There's just no incentive to pay your tickets right now."
One criticism Mr. Goolsby recalls is that a registration-hold law would disproportionately affect poor citizens. It didn't dissuade him then, he said, and it won't now.
"If I'm poor, I still have an obligation to follow the law," Mr. Goolsby said. "Forty million dollars in one city is a lot of money. And other cities – San Antonio, Houston, Denton, Fort Worth, El Paso – have money owed to them, too. This law will help cities."
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Prosecutor: Man's secret lay in septic
Colleyville resident could get 10 years in case of hidden body
By DEBRA DENNIS / The Dallas Morning News
FORT WORTH, Texas – A long-held family secret about a relative's body being placed in a septic tank played out Tuesday before a Tarrant County jury.
Kevin Rotenberry, 31, is accused of hiding evidence that his step-grandfather was buried behind the family's Colleyville home. Mr. Rotenberry, of Colleyville, is charged with tampering with evidence.
The case is expected to go to the jury today. Prosecutors rested their case Tuesday afternoon, and the defense presented no witnesses.
Investigators believe Patrick Cunningham was killed in 1996 and that Mr. Rotenberry denied knowing his whereabouts.
"There was at least one person who knew where he was, and that was the defendant," prosecutor Christy Jack told jurors during opening statements. "His secret lay in the back yard. Birthdays came and went. His driver's license never renewed. That secret continued, and months became years."
Peggy Cunningham, Mr. Cunningham's wife and Mr. Rotenberry's grandmother, filed for divorce. Prosecutors said Mrs. Cunningham, who has since died, poisoned Mr. Cunningham.
Gossip and innuendo about Mr. Cunningham was leaked to authorities in 2003 and 2004.
That sent investigators on a hunt for the missing man.
By March 31, 2004, investigators focused their investigation on Mr. Rotenberry. He led them to an abandoned septic tank at his family's home in the 700 block of Colleyville Terrace.
Defense attorney Michael Ware said that not only did his client not hide evidence, he cooperated with authorities by leading them to Mr. Cunningham's remains.
"How can you conceal when you already know where it is," Mr. Ware said. "In fact, he told in an extensive interview where the body was."
Mr. Ware told the jury that Mr. Cunningham was an abusive husband who also sexually assaulted his wife.
Mr. Cunningham was arrested after a domestic dispute with his wife in June 1996 and disappeared two months later. He was 56 at the time.
"Patrick Cunningham had beat the tar out of her on many occasions," Mr. Ware said.
Mrs. Cunningham's family grew weary of the beatings, and she killed her husband, he said. She called on her grandson to hide the body, Mr. Ware said.
"He took the body and put it in the septic tank," Mr. Ware said. "He's not charged with that."
No one has been charged with killing Mr. Cunningham.
Sgt. Keith Denning of the Texas Rangers testified that the septic tank's lid was heavy and probably placed there by at least two people.
"It took me and two others to push it out of the way," Sgt. Denning said.
A wedding ring, clothing, gum wrapper and a few coins were recovered along with Mr. Cunningham's remains, Sgt. Denning said.
Investigators were prepared to dig up the entire back yard of the half-acre lot, he said.
If convicted, Mr. Rotenberry faces up to 10 years in prison and a $10,000 fine.
Colleyville resident could get 10 years in case of hidden body
By DEBRA DENNIS / The Dallas Morning News
FORT WORTH, Texas – A long-held family secret about a relative's body being placed in a septic tank played out Tuesday before a Tarrant County jury.
Kevin Rotenberry, 31, is accused of hiding evidence that his step-grandfather was buried behind the family's Colleyville home. Mr. Rotenberry, of Colleyville, is charged with tampering with evidence.
The case is expected to go to the jury today. Prosecutors rested their case Tuesday afternoon, and the defense presented no witnesses.
Investigators believe Patrick Cunningham was killed in 1996 and that Mr. Rotenberry denied knowing his whereabouts.
"There was at least one person who knew where he was, and that was the defendant," prosecutor Christy Jack told jurors during opening statements. "His secret lay in the back yard. Birthdays came and went. His driver's license never renewed. That secret continued, and months became years."
Peggy Cunningham, Mr. Cunningham's wife and Mr. Rotenberry's grandmother, filed for divorce. Prosecutors said Mrs. Cunningham, who has since died, poisoned Mr. Cunningham.
Gossip and innuendo about Mr. Cunningham was leaked to authorities in 2003 and 2004.
That sent investigators on a hunt for the missing man.
By March 31, 2004, investigators focused their investigation on Mr. Rotenberry. He led them to an abandoned septic tank at his family's home in the 700 block of Colleyville Terrace.
Defense attorney Michael Ware said that not only did his client not hide evidence, he cooperated with authorities by leading them to Mr. Cunningham's remains.
"How can you conceal when you already know where it is," Mr. Ware said. "In fact, he told in an extensive interview where the body was."
Mr. Ware told the jury that Mr. Cunningham was an abusive husband who also sexually assaulted his wife.
Mr. Cunningham was arrested after a domestic dispute with his wife in June 1996 and disappeared two months later. He was 56 at the time.
"Patrick Cunningham had beat the tar out of her on many occasions," Mr. Ware said.
Mrs. Cunningham's family grew weary of the beatings, and she killed her husband, he said. She called on her grandson to hide the body, Mr. Ware said.
"He took the body and put it in the septic tank," Mr. Ware said. "He's not charged with that."
No one has been charged with killing Mr. Cunningham.
Sgt. Keith Denning of the Texas Rangers testified that the septic tank's lid was heavy and probably placed there by at least two people.
"It took me and two others to push it out of the way," Sgt. Denning said.
A wedding ring, clothing, gum wrapper and a few coins were recovered along with Mr. Cunningham's remains, Sgt. Denning said.
Investigators were prepared to dig up the entire back yard of the half-acre lot, he said.
If convicted, Mr. Rotenberry faces up to 10 years in prison and a $10,000 fine.
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Missing teen found miles from school
By STEVE STOLER / WFAA ABC 8
DALLAS, Texas - A mentally-challenged high school student who was missing for seven hours was found late Tuesday night at another Dallas school.
Joshua Williams, who attends Skyline High School, failed to board his assigned bus after classes at 4 p.m.
Police initially said Joshua, who has Down syndrome, may have mistakenly taken a DART bus.
The search was expanded Tuesday night after police on the ground and using helicopters failed to turn up any sign of the teen.
Joshua was discovered about 11:15 p.m. Tuesday at Lincoln High School in East Dallas, about six miles from Skyline.
Other details were not immediately available.
By STEVE STOLER / WFAA ABC 8
DALLAS, Texas - A mentally-challenged high school student who was missing for seven hours was found late Tuesday night at another Dallas school.
Joshua Williams, who attends Skyline High School, failed to board his assigned bus after classes at 4 p.m.
Police initially said Joshua, who has Down syndrome, may have mistakenly taken a DART bus.
The search was expanded Tuesday night after police on the ground and using helicopters failed to turn up any sign of the teen.
Joshua was discovered about 11:15 p.m. Tuesday at Lincoln High School in East Dallas, about six miles from Skyline.
Other details were not immediately available.
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Plano coach accused again
Warrant issued for man already facing child-indecency charges
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - Another arrest warrant has been issued for a Plano soccer coach already accused of inappropriately touching two elementary school-age girls, according to court documents obtained Tuesday.
Plano police now accuse Dennis Drummond, 64, of attempted indecency with a child, according to the arrest warrant affidavit.
He was not in the Collin County Jail on Tuesday night, and his attorney, Paul Stuckle, said he did not think his client had been arrested on the new warrant. Mr. Drummond posted bond and was released from jail last week on the earlier charges of indecency with a child by contact. Mr. Stuckle has said Mr. Drummond denies the charges against him.
He said a charge of attempted indecency with a child is rare.
"I don't ever recall seeing an attempted indecency with a child charge," Mr. Stuckle said. "This is almost legal experimentation. The question in my mind is whether we're dealing with charging Dennis with a crime or alleged inappropriate conduct."
Plano police spokesman Carl Duke could not be reached for comment Tuesday night.
According to an affidavit for the new allegation, Mr. Drummond is accused of kneeling beside a girl at his Plano home and rubbing her thigh under her shorts while she played a computer game. She had been swimming at his house.
The affidavit did not identify the girl's age or whether she played on one of Mr. Drummond's soccer teams.
Mr. Drummond was the coach of the other two girls whose accusations led to charges. One of those girls said Mr. Drummond touched her inappropriately over her bathing suit, court records show. The other said he made her touch him inappropriately over his clothes. Both girls said the incidents occurred at his home.
Mr. Drummond coached five teams over three years with the Plano Youth Soccer Association. He moved his teams to the Plano Sports Authority but resigned before he coached a game. Police said he left the Plano Sports Authority because of the investigation.
Sachse police said last week that they investigated similar allegations in 2005 when Mr. Drummond was a substitute teacher in the Garland school district. The parents of several fourth-graders complained that Mr. Drummond touched their daughters in ways that made the students uncomfortable.
Sachse police referred the case to a Dallas County grand jury, which did not indict Mr. Drummond. He was never arrested on those allegations.
Mr. Stuckle did not represent Mr. Drummond when those allegations were made.
Plano Youth Soccer Association officials said the organization conducted a criminal background check of Mr. Drummond each season, as it does every coach. PSA officials said they also did a background check.
Staff writer Holly Yan contributed to this report.
Warrant issued for man already facing child-indecency charges
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - Another arrest warrant has been issued for a Plano soccer coach already accused of inappropriately touching two elementary school-age girls, according to court documents obtained Tuesday.
Plano police now accuse Dennis Drummond, 64, of attempted indecency with a child, according to the arrest warrant affidavit.
He was not in the Collin County Jail on Tuesday night, and his attorney, Paul Stuckle, said he did not think his client had been arrested on the new warrant. Mr. Drummond posted bond and was released from jail last week on the earlier charges of indecency with a child by contact. Mr. Stuckle has said Mr. Drummond denies the charges against him.
He said a charge of attempted indecency with a child is rare.
"I don't ever recall seeing an attempted indecency with a child charge," Mr. Stuckle said. "This is almost legal experimentation. The question in my mind is whether we're dealing with charging Dennis with a crime or alleged inappropriate conduct."
Plano police spokesman Carl Duke could not be reached for comment Tuesday night.
According to an affidavit for the new allegation, Mr. Drummond is accused of kneeling beside a girl at his Plano home and rubbing her thigh under her shorts while she played a computer game. She had been swimming at his house.
The affidavit did not identify the girl's age or whether she played on one of Mr. Drummond's soccer teams.
Mr. Drummond was the coach of the other two girls whose accusations led to charges. One of those girls said Mr. Drummond touched her inappropriately over her bathing suit, court records show. The other said he made her touch him inappropriately over his clothes. Both girls said the incidents occurred at his home.
Mr. Drummond coached five teams over three years with the Plano Youth Soccer Association. He moved his teams to the Plano Sports Authority but resigned before he coached a game. Police said he left the Plano Sports Authority because of the investigation.
Sachse police said last week that they investigated similar allegations in 2005 when Mr. Drummond was a substitute teacher in the Garland school district. The parents of several fourth-graders complained that Mr. Drummond touched their daughters in ways that made the students uncomfortable.
Sachse police referred the case to a Dallas County grand jury, which did not indict Mr. Drummond. He was never arrested on those allegations.
Mr. Stuckle did not represent Mr. Drummond when those allegations were made.
Plano Youth Soccer Association officials said the organization conducted a criminal background check of Mr. Drummond each season, as it does every coach. PSA officials said they also did a background check.
Staff writer Holly Yan contributed to this report.
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Clerk pleads guilty to $767K scheme
By JIM DOUGLAS / WFAA ABC 8
FORT WORTH, Texas — Sentencing testimony was under way Tuesday for former Tarrant County deputy clerk Sabrina Burrus, who siphoned off nearly a million dollars in taxpayer money.
And that's only part of the damage.
Testimony laid out a tale of theft, bribery and a scheme to cover it all up. It involves a lot of government money that never made it to Tarrant County coffers.
When you buy a car, you pay tax, title and license. The money goes to the county, then the state.
In Tarrant County, Burrus, 50, took the money and provided license plates—then kept the cash.
There was no plea bargain; Burrus entered a guilty plea.
Tarrant County prosecutor Joe Shannon totaled the damage at more than $767,000 over a two-year period. "The coverup prevented the tax office from finding out what was going on," he said. "Lot of bucks went missing on this deal."
Burrus operated as an independent businesswoman, but was also a deputized county agent.
Prosecutors said she paid county tax office employee Janet Achison to fudge the numbers and cover up the crime. "Kind of like a cat in the sandbox covering up the mess," Shannon said. "That's the best way I can describe it."
There are 33,000 documents linked to the Burrus case. When you add in the cost to process all this and investigate, this crime will cost taxpayers way over $750,000.
Prosecutors spent more than a year preparing for trial, and felt they had a pretty good chance with whatever jury they got.
"It's about the only time when I had 12 victims sitting in the jury box," Shannon said.
Former county employee Janet Atchison still faces trial.
By JIM DOUGLAS / WFAA ABC 8
FORT WORTH, Texas — Sentencing testimony was under way Tuesday for former Tarrant County deputy clerk Sabrina Burrus, who siphoned off nearly a million dollars in taxpayer money.
And that's only part of the damage.
Testimony laid out a tale of theft, bribery and a scheme to cover it all up. It involves a lot of government money that never made it to Tarrant County coffers.
When you buy a car, you pay tax, title and license. The money goes to the county, then the state.
In Tarrant County, Burrus, 50, took the money and provided license plates—then kept the cash.
There was no plea bargain; Burrus entered a guilty plea.
Tarrant County prosecutor Joe Shannon totaled the damage at more than $767,000 over a two-year period. "The coverup prevented the tax office from finding out what was going on," he said. "Lot of bucks went missing on this deal."
Burrus operated as an independent businesswoman, but was also a deputized county agent.
Prosecutors said she paid county tax office employee Janet Achison to fudge the numbers and cover up the crime. "Kind of like a cat in the sandbox covering up the mess," Shannon said. "That's the best way I can describe it."
There are 33,000 documents linked to the Burrus case. When you add in the cost to process all this and investigate, this crime will cost taxpayers way over $750,000.
Prosecutors spent more than a year preparing for trial, and felt they had a pretty good chance with whatever jury they got.
"It's about the only time when I had 12 victims sitting in the jury box," Shannon said.
Former county employee Janet Atchison still faces trial.
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The Family Weigh: J.D.'s struggle
By JANET ST. JAMES / WFAA ABC 8
It's easy to blame fast food restaurants and fast lifestyles for America's growing obesity problem.
But when it comes to kids, experts say it takes the whole family to turn an overweight child into a healthy one.
It's now been two months since 11-year-old J.D. Castillo was ordered to lose 40 pounds by his doctor, pediatric cardiologist Dr. Sarah Blumenschein. She noted that his stomach looked flatter, but she also discovered a new obesity-related health threat.
"It looks like a ring around the collar or a dirty neck," Dr. Blumenschein said. "It's a sign of pre-diabetes. And it's directly related to this weight here."
Experts say J.D. will never lose his pre-teen spare tire, without his family's support.
So, with the help of a counselor, the Castillos are changing their lifestyle.
The first challenge: exercise.
Father and son have begun running together. J.D. hates it, but well-intentioned dad David insists that he continue.
"I'm trying to teach him good running habits, good exercise habits," the elder Castillo said.
But experts say that's a classic mistake.
"A lot of times you get resentment, and then, really, kids will just refuse to exercise at all," said Angela Lemond, a pediatric clinical dietician. "So it's really important they we include them in the process and have them tell us what it is that they like to do. It's really important."
The solution might be just outside the family's back door. J.D. said he would play basketball in the driveway if his dad fixes a broken hoop.
Adjusting eating habits hasn't been easy, either. Fattening chips have been replaced by baked chips and fresh fruit.
But everyone knows about sister Celeste's stash of sweets in her room.
Experts say it's important the entire family follows the same rules when it comes to food.
"Like it or not, we are our child's biggest heroes," Lemond said. "So whatever you want them to do, you've got to do it yourself, OK?"
In the team spirit, when J.D. steps on the scale, his parents now do the same.
Two months after the Castillo family began making changes, there is some good news for J.D.
"Not only did you lose, but you grew an inch," Lemond said. "That's excellent."
One pound down—39 more to go. Medication has also helped drop his cholesterol from 303 to 262.
It's a small victory, but significant in the hard fight to lose weight The Family Weigh.
By JANET ST. JAMES / WFAA ABC 8
It's easy to blame fast food restaurants and fast lifestyles for America's growing obesity problem.
But when it comes to kids, experts say it takes the whole family to turn an overweight child into a healthy one.
It's now been two months since 11-year-old J.D. Castillo was ordered to lose 40 pounds by his doctor, pediatric cardiologist Dr. Sarah Blumenschein. She noted that his stomach looked flatter, but she also discovered a new obesity-related health threat.
"It looks like a ring around the collar or a dirty neck," Dr. Blumenschein said. "It's a sign of pre-diabetes. And it's directly related to this weight here."
Experts say J.D. will never lose his pre-teen spare tire, without his family's support.
So, with the help of a counselor, the Castillos are changing their lifestyle.
The first challenge: exercise.
Father and son have begun running together. J.D. hates it, but well-intentioned dad David insists that he continue.
"I'm trying to teach him good running habits, good exercise habits," the elder Castillo said.
But experts say that's a classic mistake.
"A lot of times you get resentment, and then, really, kids will just refuse to exercise at all," said Angela Lemond, a pediatric clinical dietician. "So it's really important they we include them in the process and have them tell us what it is that they like to do. It's really important."
The solution might be just outside the family's back door. J.D. said he would play basketball in the driveway if his dad fixes a broken hoop.
Adjusting eating habits hasn't been easy, either. Fattening chips have been replaced by baked chips and fresh fruit.
But everyone knows about sister Celeste's stash of sweets in her room.
Experts say it's important the entire family follows the same rules when it comes to food.
"Like it or not, we are our child's biggest heroes," Lemond said. "So whatever you want them to do, you've got to do it yourself, OK?"
In the team spirit, when J.D. steps on the scale, his parents now do the same.
Two months after the Castillo family began making changes, there is some good news for J.D.
"Not only did you lose, but you grew an inch," Lemond said. "That's excellent."
One pound down—39 more to go. Medication has also helped drop his cholesterol from 303 to 262.
It's a small victory, but significant in the hard fight to lose weight The Family Weigh.
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Wal-Mart experiments in Plano
'Lab' store to offer premium items, more help
By MARIA HALKIAS and JAKE BATSELL / The Dallas Morning News
PLANO, Texas – From now on, Plano shoppers will have a lot to say about what Wal-Mart sells in its stores.
The world's largest retailer opens a first-of-its-kind "laboratory" store Wednesday in this city, with the purpose of studying how to entice shoppers to consider Wal-Mart for more than everyday essentials. A more upscale Wal-Mart with a specialty-store attitude, it carries premium products and services not found at a typical Supercenter.
John Menzer, vice chairman of Wal-Mart Stores USA, said the chain has put its best ideas inside this Supercenter, which is at the southeast corner of West Park Boulevard and Dallas Parkway. "Now we'll see what the customer thinks," he said Tuesday during a store tour.
The 203,091-square-foot store has the chain's only sushi shop, more than 500 organic products and a wine department with more than 1,000 varieties ranging up to $500 a bottle. It features a Wi-Fi-ready Kicks Coffee Café at the front of the store and a kiosk in the meat department that prints recipes and shopping lists.
Even the employees' aprons and vests have been replaced by a more polished navy polo and khaki uniform. Customer service will be available during peak hours from specialists in electronics and cosmetics. Bikes are assembled out in the open so that staffers can answer questions at the same time.
About 1,500 premium items not sold in other Wal-Mart stores are being tested here, said Ryan Lincks, project manager and senior analyst for U.S. strategy for the Arkansas-based retailer.
The store doesn't sell fabric or guns and carries less fishing gear than a typical Wal-Mart. Instead, that space is now devoted to fitness equipment, kids' crafts, sporting goods, patio furniture and hot tubs. Automotive supply aisles are also smaller.
"This customer doesn't work on the family's cars," Mr. Lincks said.
The store has been shaped to fit the lifestyle of area residents, many of whom strongly opposed its construction.
Nearby homeowners who opposed the store during a contentious City Council battle have shifted their focus to work with Wal-Mart and the city on softening the neighborhood impact.
Last year, after the council had approved the store, opponents mounted an effort to recall Mayor Pat Evans and two council members. The bid ended when organizers were unable to gather the roughly 4,000 signatures needed to put the recall issue on the ballot.
Linda Parkinson, president of the Glen Heather homeowners association, said Wal-Mart representatives have responded to neighbors' concerns throughout the construction process: "If there's a problem and we tell them about it, they've fixed it," she said.
"Had we not done everything that we did, the store wouldn't look half as nice as it does," Ms. Parkinson said. "We're still sorry it's there, but we're hoping to make lemonade out of lemons."
The Supercenter, near the high-end Shops at Willow Bend mall, is designed in atypical beige tones with a brick façade and a berm, wall and trees.
Inside the store are many of the departments found in a standard Wal-Mart. But the feel is different, with departments such as bicycles, greeting cards and books that mimic specialty stores.
Cards are in wooden shelves with halogen lighting, making them easier to view and reach. Wood floors set off departments from concrete pathways, and aisles are 18 inches wider than usual. "We created a store with departments that have their own special look and feel. We don't want the entire store to look the same," Mr. Lincks said.
The book section, which has cherrywood shelves, is designed to tie in with the company's Web site.
"We're trying to make the connection more in this store to Walmart.com." Mr. Lincks said. A sign reminds shoppers that "750,000 more titles are available online."
The high-traffic paper products aisle leads into children's apparel.
"We think we have a selective shopper who will try children's apparel first," Mr. Lincks said.
Women's apparel has been expanded. Wal-Mart brands George and Metro 7 have been given significantly more space. Women's apparel has its own checkout, with apparel hooks and garment bags.
"We won't stuff a George tweed suit in a grocery sack," said spokesman Gus Whitcomb.
Dressing rooms have been redesigned with doors that go to the floor for more privacy.
The home goods and furniture area feels more like a Target than a Wal-Mart. It has small displays for how to put together bedding, and accessories are grouped by luxury, casual and modern decor. Window treatments have been expanded to include several choices of decorative rods, reminiscent of Pottery Barn.
The store's electronics department is experimenting with higher-end merchandise, such as a Hewlett-Packard dual home theater and personal computer system. The chain is No. 2 in consumer electronics behind Best Buy Co., and last year it began expanding its selection and space devoted to HDTVs, cameras and wireless phones.
In addition to stocking more technology, the store is filled with it. Shoppers can control HDTVs too high to reach from a touch pad. The Kicks Coffee Café has two computers set up for public e-mail access and two private areas with big-screen TVs "to plug in your own laptop for a quick PowerPoint presentation on the road," said Ken Johnson, chief executive of Plano-based Kicks.
Finally, the store has a quieter shopping experience with fewer PA announcements and no in-store radio. Wal-Mart TV broadcasts are confined to distinct areas of the store. Even the cash registers are quieter.
Area homeowner representative Ms. Parkinson said she hopes Wal-Mart achieves its goal of creating a store with a more upscale feel.
"I really hope that their whole image change comes to fruition," she said. "I really honestly do, because that would be the best for us and for them. The jury's out on that one. We're all anxiously awaiting to see what happens."
'Lab' store to offer premium items, more help
By MARIA HALKIAS and JAKE BATSELL / The Dallas Morning News
PLANO, Texas – From now on, Plano shoppers will have a lot to say about what Wal-Mart sells in its stores.
The world's largest retailer opens a first-of-its-kind "laboratory" store Wednesday in this city, with the purpose of studying how to entice shoppers to consider Wal-Mart for more than everyday essentials. A more upscale Wal-Mart with a specialty-store attitude, it carries premium products and services not found at a typical Supercenter.
John Menzer, vice chairman of Wal-Mart Stores USA, said the chain has put its best ideas inside this Supercenter, which is at the southeast corner of West Park Boulevard and Dallas Parkway. "Now we'll see what the customer thinks," he said Tuesday during a store tour.
The 203,091-square-foot store has the chain's only sushi shop, more than 500 organic products and a wine department with more than 1,000 varieties ranging up to $500 a bottle. It features a Wi-Fi-ready Kicks Coffee Café at the front of the store and a kiosk in the meat department that prints recipes and shopping lists.
Even the employees' aprons and vests have been replaced by a more polished navy polo and khaki uniform. Customer service will be available during peak hours from specialists in electronics and cosmetics. Bikes are assembled out in the open so that staffers can answer questions at the same time.
About 1,500 premium items not sold in other Wal-Mart stores are being tested here, said Ryan Lincks, project manager and senior analyst for U.S. strategy for the Arkansas-based retailer.
The store doesn't sell fabric or guns and carries less fishing gear than a typical Wal-Mart. Instead, that space is now devoted to fitness equipment, kids' crafts, sporting goods, patio furniture and hot tubs. Automotive supply aisles are also smaller.
"This customer doesn't work on the family's cars," Mr. Lincks said.
The store has been shaped to fit the lifestyle of area residents, many of whom strongly opposed its construction.
Nearby homeowners who opposed the store during a contentious City Council battle have shifted their focus to work with Wal-Mart and the city on softening the neighborhood impact.
Last year, after the council had approved the store, opponents mounted an effort to recall Mayor Pat Evans and two council members. The bid ended when organizers were unable to gather the roughly 4,000 signatures needed to put the recall issue on the ballot.
Linda Parkinson, president of the Glen Heather homeowners association, said Wal-Mart representatives have responded to neighbors' concerns throughout the construction process: "If there's a problem and we tell them about it, they've fixed it," she said.
"Had we not done everything that we did, the store wouldn't look half as nice as it does," Ms. Parkinson said. "We're still sorry it's there, but we're hoping to make lemonade out of lemons."
The Supercenter, near the high-end Shops at Willow Bend mall, is designed in atypical beige tones with a brick façade and a berm, wall and trees.
Inside the store are many of the departments found in a standard Wal-Mart. But the feel is different, with departments such as bicycles, greeting cards and books that mimic specialty stores.
Cards are in wooden shelves with halogen lighting, making them easier to view and reach. Wood floors set off departments from concrete pathways, and aisles are 18 inches wider than usual. "We created a store with departments that have their own special look and feel. We don't want the entire store to look the same," Mr. Lincks said.
The book section, which has cherrywood shelves, is designed to tie in with the company's Web site.
"We're trying to make the connection more in this store to Walmart.com." Mr. Lincks said. A sign reminds shoppers that "750,000 more titles are available online."
The high-traffic paper products aisle leads into children's apparel.
"We think we have a selective shopper who will try children's apparel first," Mr. Lincks said.
Women's apparel has been expanded. Wal-Mart brands George and Metro 7 have been given significantly more space. Women's apparel has its own checkout, with apparel hooks and garment bags.
"We won't stuff a George tweed suit in a grocery sack," said spokesman Gus Whitcomb.
Dressing rooms have been redesigned with doors that go to the floor for more privacy.
The home goods and furniture area feels more like a Target than a Wal-Mart. It has small displays for how to put together bedding, and accessories are grouped by luxury, casual and modern decor. Window treatments have been expanded to include several choices of decorative rods, reminiscent of Pottery Barn.
The store's electronics department is experimenting with higher-end merchandise, such as a Hewlett-Packard dual home theater and personal computer system. The chain is No. 2 in consumer electronics behind Best Buy Co., and last year it began expanding its selection and space devoted to HDTVs, cameras and wireless phones.
In addition to stocking more technology, the store is filled with it. Shoppers can control HDTVs too high to reach from a touch pad. The Kicks Coffee Café has two computers set up for public e-mail access and two private areas with big-screen TVs "to plug in your own laptop for a quick PowerPoint presentation on the road," said Ken Johnson, chief executive of Plano-based Kicks.
Finally, the store has a quieter shopping experience with fewer PA announcements and no in-store radio. Wal-Mart TV broadcasts are confined to distinct areas of the store. Even the cash registers are quieter.
Area homeowner representative Ms. Parkinson said she hopes Wal-Mart achieves its goal of creating a store with a more upscale feel.
"I really hope that their whole image change comes to fruition," she said. "I really honestly do, because that would be the best for us and for them. The jury's out on that one. We're all anxiously awaiting to see what happens."
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