Man set to die for 1997 murder
Repeat offender was paroled three times before arrest in case
HUNTSVILLE, Texas (WFAA ABC 8/AP) – Lonnie Wayne Pursley kept going to prison for longer and longer terms but also kept getting paroled because of a shortage of prison space in Texas in the 1990s.
Then, in 1999, a jury in Polk County convicted him of capital murder and sentenced him to death for the fatal beating and robbery of a 47-year-old East Texas man.
Mr. Pursley, 43, is scheduled to receive lethal injection tonight. He would be the sixth Texas prisoner executed this year.
The U.S. Supreme Court last month refused to review his case. Attorneys trying to halt Mr. Pursley's punishment were back in the courts, challenging the trial testimony of a medical examiner.
Mr. Pursley, a Houston native who grew up in Coldspring in San Jacinto County, was on parole for a third time when he was arrested, tried and condemned for the death of Robert Earl Cook of Livingston.
Court documents indicated that Mr. Cook was driving on U.S. Highway 59 near Shepherd, in San Jacinto County, where Mr. Pursley had gotten into an argument with his wife while attending a gathering at his mother-in-law's house. Prosecutors speculated that Mr. Pursley was walking along the highway and Mr. Cook, who was known to pick up hitchhikers, offered him a ride.
Both wound up at Mr. Cook's trailer home March 28, 1997, and at some point the pair drove into the woods in the northeast part of Polk County where Mr. Cook was beaten to death and robbed of his rings. Witnesses told authorities they saw Mr. Pursley driving Mr. Cook's car later and that he traded the rings for drugs.
Mr. Pursley, who declined to speak with reporters, said on a prison pen pal Web site that the case and testimony against him were false.
"Most of the evidence used against me was fabricated, botched, tainted, and yes, even planted!" he wrote.
"There was not anything planted," Polk County Sheriff Kenneth Hammack, who was a Texas Ranger at the time and investigated the slaying, said last week.
Mr. Pursley turned himself in after a warrant had been issued for his arrest.
Stephen Taylor, one of Mr. Pursley's trial lawyers, said his client was less than cooperative in helping develop a defense.
"He wouldn't tell us anything," Mr. Taylor said. "He never told us how they got together, what happened, anything. We don't know what happened to trigger the incident, how they happened to get to the victim's residence, if he was at the victim's residence and how he came into possession of the victim's car. ... It was very difficult."
In 1987, Mr. Pursley received five years in prison for burglary and was paroled three years later. Within six months he wound up back behind bars with a 10-year term for theft but was paroled after 14 months. The following year, he picked up a 20-year term for burglary but was out in 3 ½ years. Sixteen months later, Mr. Cook was killed.
Because of bed shortages and court-imposed population limits, Texas corrections officials in the late 1980s and into the 1990s were forced to release convicts early.
At least three other Texas inmates have execution dates this month.
News from the Lone Star State
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Higher taxes in school finance plan
AUSTIN, Texas (WFAA ABC 8/AP) — Texans would pay higher sales, cigarette and alcohol taxes and more businesses would be forced to pay a state tax under a school finance proposal put forth Monday by a Senate committee.
The plan is designed to offset school property tax cuts and generate more money for public education. It attempts to reduce property taxes by $6 billion over the next two years, if a proposed constitutional amendment is passed allowing a statewide property tax.
The Senate Finance Committee plan differs in key areas from a House school finance tax plan approved last month.
Alcohol excise taxes would go up by 25 percent from existing rates under the Senate proposal. The House plan did not include an alcohol tax increase.
Businesses under the Senate proposal would pay a 2.5 percent tax on earned surplus, which is lower than the existing franchise tax. But more businesses would have to pay. The Senate proposal would cover all businesses except sole proprietorships.
The state sales tax would go up from the current 6.25 percent to 6.75 percent. That would include taxes paid on motor vehicles and boats.
Under the Senate plan, the cigarette tax would be increased by 60 cents per pack, up to $1.01 per pack. The current rate is 41 cents a pack.
AUSTIN, Texas (WFAA ABC 8/AP) — Texans would pay higher sales, cigarette and alcohol taxes and more businesses would be forced to pay a state tax under a school finance proposal put forth Monday by a Senate committee.
The plan is designed to offset school property tax cuts and generate more money for public education. It attempts to reduce property taxes by $6 billion over the next two years, if a proposed constitutional amendment is passed allowing a statewide property tax.
The Senate Finance Committee plan differs in key areas from a House school finance tax plan approved last month.
Alcohol excise taxes would go up by 25 percent from existing rates under the Senate proposal. The House plan did not include an alcohol tax increase.
Businesses under the Senate proposal would pay a 2.5 percent tax on earned surplus, which is lower than the existing franchise tax. But more businesses would have to pay. The Senate proposal would cover all businesses except sole proprietorships.
The state sales tax would go up from the current 6.25 percent to 6.75 percent. That would include taxes paid on motor vehicles and boats.
Under the Senate plan, the cigarette tax would be increased by 60 cents per pack, up to $1.01 per pack. The current rate is 41 cents a pack.
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TexasStooge
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Stopgap hires weighed for jail
County pursues final remedy for health crisis
By JAMES M. O'NEILL / The Dallas Morning News
DALLAS, Texas - Facing pressure to move quickly and fix the health-care crisis at the Dallas County Jail, county commissioners say they are trying to identify extra nursing or other medical positions they can add soon as a stopgap.
The commissioners are waiting for a detailed analysis from a jail health committee to identify what procedures and new positions are needed to solve an array of problems identified in a report that commissioners received on Feb. 1.
Since that report, they have created a committee to study the issue further and hired a national expert on correctional health to advise them. But they have yet to add a single new position at the jail, despite several studies clearly documenting the need.
Commissioners have talked about moving quickly, if carefully. But health-care advocates have grown weary of the wait, especially given that inmates and former inmates say one of the most serious problems is still occurring – inmates with medical conditions often do not receive their prescribed medications. That can trigger more serious medical problems.
The county faces several lawsuits related to jail health care.
Commissioner Kenneth Mayfield, chairman of the new jail health committee, said the commissioners have not added any new positions because "we wanted to wait to see what we could do to move quickly on policies and procedures, and then look to address extra positions. If we have to add more positions, we'll add them."
But he also questioned how the county could quickly fill extra positions when the University of Texas Medical Branch, which runs jail health care, already has trouble filling vacancies.
"The court is ready to do whatever we need to fix the problem. Throwing money at it is not the answer," Commissioner Mike Cantrell said, without first analyzing the needs. "We need a long-term fix, and if we can do something short-term as well, that's what we'd want to do."
As for the reports that many inmates still are not getting their medications, Mr. Cantrell said, "There's absolutely no reason for it still to be happening."
The commissioners say money is not a hurdle to adding positions quickly. The county's annual budget includes a fund to address emergencies that might occur in a budget year. The $36 million fund has yet to be tapped, and the fiscal year ends Sept. 30.
During the Commissioners Court meeting April 26, David Kellogg of the Mental Health Association of Dallas voiced the frustrations that mental health advocates have had with the county's pace.
"As the [Feb. 1] report makes clear, there's currently a life-threatening situation in the jail," Mr. Kellogg told the commissioners. "It makes sense to push UTMB to address these life-threatening issues now.
"I want to emphasize a need for immediate attention," he said.
Commissioner Maurine Dickey agreed. "Even though we may not have all the results of the committee's study for months, we must do something now," she said.
Last week UTMB lifted its own restriction on the number of vacancies it can fill on a short-term basis with people from temporary agencies. That might help UTMB fill seven vacant nursing positions.
"Lifting the cap will help fill existing positions, but we're in an emergency situation, and we need to go forward with adding additional positions," Commissioner John Wiley Price said.
He is pushing a suggestion to add 10 floating nursing positions at least as a stopgap until the commissioners' jail health committee hammers out more specifically the jail's staffing needs.
And Allen Clemson, Commissioners Court administrator, said he was trying to sit with county officials and UTMB to identify which new positions all sides could agree were vital and then move to create them without delay.
UTMB in December came out with its own analysis of the health-care staffing needs at the jail and urged 53 new positions. County Judge Margaret Keliher said the most pressing issue is how to fix the jail's intake procedures. A solution there will help solve the bulk of the jail-health problems.
The Feb. 1 report noted that jail guards with no medical training handle all medical screening at intake, rather than trained medical professionals. As a result, many inmates' health problems are missed. In addition, the county has a poor system to screen for tuberculosis at intake.
County pursues final remedy for health crisis
By JAMES M. O'NEILL / The Dallas Morning News
DALLAS, Texas - Facing pressure to move quickly and fix the health-care crisis at the Dallas County Jail, county commissioners say they are trying to identify extra nursing or other medical positions they can add soon as a stopgap.
The commissioners are waiting for a detailed analysis from a jail health committee to identify what procedures and new positions are needed to solve an array of problems identified in a report that commissioners received on Feb. 1.
Since that report, they have created a committee to study the issue further and hired a national expert on correctional health to advise them. But they have yet to add a single new position at the jail, despite several studies clearly documenting the need.
Commissioners have talked about moving quickly, if carefully. But health-care advocates have grown weary of the wait, especially given that inmates and former inmates say one of the most serious problems is still occurring – inmates with medical conditions often do not receive their prescribed medications. That can trigger more serious medical problems.
The county faces several lawsuits related to jail health care.
Commissioner Kenneth Mayfield, chairman of the new jail health committee, said the commissioners have not added any new positions because "we wanted to wait to see what we could do to move quickly on policies and procedures, and then look to address extra positions. If we have to add more positions, we'll add them."
But he also questioned how the county could quickly fill extra positions when the University of Texas Medical Branch, which runs jail health care, already has trouble filling vacancies.
"The court is ready to do whatever we need to fix the problem. Throwing money at it is not the answer," Commissioner Mike Cantrell said, without first analyzing the needs. "We need a long-term fix, and if we can do something short-term as well, that's what we'd want to do."
As for the reports that many inmates still are not getting their medications, Mr. Cantrell said, "There's absolutely no reason for it still to be happening."
The commissioners say money is not a hurdle to adding positions quickly. The county's annual budget includes a fund to address emergencies that might occur in a budget year. The $36 million fund has yet to be tapped, and the fiscal year ends Sept. 30.
During the Commissioners Court meeting April 26, David Kellogg of the Mental Health Association of Dallas voiced the frustrations that mental health advocates have had with the county's pace.
"As the [Feb. 1] report makes clear, there's currently a life-threatening situation in the jail," Mr. Kellogg told the commissioners. "It makes sense to push UTMB to address these life-threatening issues now.
"I want to emphasize a need for immediate attention," he said.
Commissioner Maurine Dickey agreed. "Even though we may not have all the results of the committee's study for months, we must do something now," she said.
Last week UTMB lifted its own restriction on the number of vacancies it can fill on a short-term basis with people from temporary agencies. That might help UTMB fill seven vacant nursing positions.
"Lifting the cap will help fill existing positions, but we're in an emergency situation, and we need to go forward with adding additional positions," Commissioner John Wiley Price said.
He is pushing a suggestion to add 10 floating nursing positions at least as a stopgap until the commissioners' jail health committee hammers out more specifically the jail's staffing needs.
And Allen Clemson, Commissioners Court administrator, said he was trying to sit with county officials and UTMB to identify which new positions all sides could agree were vital and then move to create them without delay.
UTMB in December came out with its own analysis of the health-care staffing needs at the jail and urged 53 new positions. County Judge Margaret Keliher said the most pressing issue is how to fix the jail's intake procedures. A solution there will help solve the bulk of the jail-health problems.
The Feb. 1 report noted that jail guards with no medical training handle all medical screening at intake, rather than trained medical professionals. As a result, many inmates' health problems are missed. In addition, the county has a poor system to screen for tuberculosis at intake.
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Counselor held, faces deportation
Dallas woman ordered to repay clients, state
By ERNESTO LONDOÑO / The Dallas Morning News
DALLAS, Texas - A Dallas woman sued by the Texas attorney general for defrauding immigrants by providing faulty legal aid is in need of legal advice herself.
State District Judge Jay Patterson on Monday ordered Fidelina Cuevas to refrain from counseling immigrants and demanded that she pay defrauded clients and the state almost $1 million. Two immigration agents then whisked her out of court in handcuffs after officials determined that she is in the country unlawfully.
Authorities said Ms. Cuevas, 42, appears to have resided in the country illegally for several years, running an immigration services business on Jefferson Boulevard that allowed her to deposit roughly $1.7 million in bank accounts during a five-year period.
Ms. Cuevas did not respond to questions as she was escorted out of the courthouse. Dallas attorney Steven Yu, who represented her in the state case, did not return calls seeking comment.
Federal officials established the woman's immigration status after running her fingerprints – obtained in January when she was jailed on a contempt of court order – through a federal database. They discovered that she had once falsely claimed to be a Cuban citizen in a political asylum application. Ms. Cuevas was born in Mexico.
Lying on an immigration application constitutes federal fraud, for which she could be imprisoned. Immigration officials said they are considering whether to present the case to the U.S. attorney's office in Dallas for prosecution before placing Ms. Cuevas in deportation proceedings.
"This is the ultimate justice for her," said Kim Juarez, one of Ms. Cuevas' former clients, whose husband is a Mexican immigrant and came close to getting deported because Ms. Cuevas didn't file his application properly. "Now she will have to live in poverty for the rest of her life."
Immigration officials were unable to explain why Ms. Cuevas, who managed offices in at least three states, advertised on radio stations and a Web site, and filed hundreds of immigration applications postmarked from her Oak Cliff business, didn't come to their attention sooner.
"I don't have any information about that particular part of that investigation," said Carl Rusnok, a spokesman with U.S. Immigration and Customs Enforcement.
Immigration lawyers say immigration fraud has become endemic in the Dallas area and other large American cities partly because government officials have failed to crack down on unscrupulous immigration services providers.
Texas Attorney General Greg Abbott sued Ms. Cuevas in December, saying she was providing immigration advice in violation of the state's Deceptive Trade Practices Act. State officials say she scammed hundreds of immigrants out of thousands of dollars, landing some in deportation proceedings.
State officials hailed the $1 million judgment against her, but they conceded it is unlikely that Ms. Cuevas will end up reimbursing defrauded customers and the state because she has few traceable assets.
Roy Petty, a Dallas immigration attorney who represented several of Ms. Cuevas' customers, said no legal action can undo the harm she has caused.
"Fidelina Cuevas is finally experiencing the consequences of her actions," Mr. Petty said. "I'm sure a lot of people will be happy to see her get deported."
Dallas woman ordered to repay clients, state
By ERNESTO LONDOÑO / The Dallas Morning News
DALLAS, Texas - A Dallas woman sued by the Texas attorney general for defrauding immigrants by providing faulty legal aid is in need of legal advice herself.
State District Judge Jay Patterson on Monday ordered Fidelina Cuevas to refrain from counseling immigrants and demanded that she pay defrauded clients and the state almost $1 million. Two immigration agents then whisked her out of court in handcuffs after officials determined that she is in the country unlawfully.
Authorities said Ms. Cuevas, 42, appears to have resided in the country illegally for several years, running an immigration services business on Jefferson Boulevard that allowed her to deposit roughly $1.7 million in bank accounts during a five-year period.
Ms. Cuevas did not respond to questions as she was escorted out of the courthouse. Dallas attorney Steven Yu, who represented her in the state case, did not return calls seeking comment.
Federal officials established the woman's immigration status after running her fingerprints – obtained in January when she was jailed on a contempt of court order – through a federal database. They discovered that she had once falsely claimed to be a Cuban citizen in a political asylum application. Ms. Cuevas was born in Mexico.
Lying on an immigration application constitutes federal fraud, for which she could be imprisoned. Immigration officials said they are considering whether to present the case to the U.S. attorney's office in Dallas for prosecution before placing Ms. Cuevas in deportation proceedings.
"This is the ultimate justice for her," said Kim Juarez, one of Ms. Cuevas' former clients, whose husband is a Mexican immigrant and came close to getting deported because Ms. Cuevas didn't file his application properly. "Now she will have to live in poverty for the rest of her life."
Immigration officials were unable to explain why Ms. Cuevas, who managed offices in at least three states, advertised on radio stations and a Web site, and filed hundreds of immigration applications postmarked from her Oak Cliff business, didn't come to their attention sooner.
"I don't have any information about that particular part of that investigation," said Carl Rusnok, a spokesman with U.S. Immigration and Customs Enforcement.
Immigration lawyers say immigration fraud has become endemic in the Dallas area and other large American cities partly because government officials have failed to crack down on unscrupulous immigration services providers.
Texas Attorney General Greg Abbott sued Ms. Cuevas in December, saying she was providing immigration advice in violation of the state's Deceptive Trade Practices Act. State officials say she scammed hundreds of immigrants out of thousands of dollars, landing some in deportation proceedings.
State officials hailed the $1 million judgment against her, but they conceded it is unlikely that Ms. Cuevas will end up reimbursing defrauded customers and the state because she has few traceable assets.
Roy Petty, a Dallas immigration attorney who represented several of Ms. Cuevas' customers, said no legal action can undo the harm she has caused.
"Fidelina Cuevas is finally experiencing the consequences of her actions," Mr. Petty said. "I'm sure a lot of people will be happy to see her get deported."
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TexasStooge
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Is artist too much for Plano?
Rec center finalist says early works whimsical, but 1 official is worried
By LEE POWELL / The Dallas Morning News
PLANO, Texas – It's been well documented that buttoned-up Plano has been trying to spruce up its image, from a sleek logo to displaying art in public places.
But can the city handle works like the indiscreet Olive Goes Public or Peeing Tom outside the new Muehlenbeck Recreation Center?
Robert Ellison, a California artist picked by a city committee as one of three finalists for the western Plano center, says don't paint him with a broad brush, despite the early works in his portfolio.
Olive is a painted, welded steel piece that has a sort of Marilyn Monroe-skirt-blowing-above-the-grate look about it. Peeing Tom, the buddy of companion work Peeping Tom, is, well, relieving himself.
Oh, my.
But residents have nothing to fear, the artist and city officials say. At least one City Council member isn't so sure.
Mr. Ellison said the aforementioned works were for private collectors. Some aren't even in the country. Plano officials say they weren't part of any portfolio they viewed. The 58-year-old sculptor says his public art commissions are designed to fit the community they'll be placed in.
"Lots of times they have a slight whimsical look to them – kind of fun," he said. "People always enjoy them when we install them."
You can take a look: A recent installation is a kiosk at the Dallas Convention Center.
In Plano's case, all three artists will come here to get ideas before offering a design for the building named after City Manager Tom Muehlenbeck. A selection committee will make the final cut, with opinions from residents and sign-off from the City Council.
The other two finalists are Ray King of Philadelphia and Koryn Rolstad of Seattle.
At times, art has brought aggravation in Plano: Some say the city needs more of it to erase suburban blahs. But at what price, others ask. Voters decide Saturday whether Plano should go ahead with spending millions on a regional arts hall.
Still, council member Ken Lambert wonders what Plano is in for, after viewing Mr. Ellison's online gallery.
"He may fit the image of sushi Plano," Mr. Lambert said, "but he damn sure doesn't fit the image of Tex-Mex Plano and the places I go."
Rec center finalist says early works whimsical, but 1 official is worried
By LEE POWELL / The Dallas Morning News
PLANO, Texas – It's been well documented that buttoned-up Plano has been trying to spruce up its image, from a sleek logo to displaying art in public places.
But can the city handle works like the indiscreet Olive Goes Public or Peeing Tom outside the new Muehlenbeck Recreation Center?
Robert Ellison, a California artist picked by a city committee as one of three finalists for the western Plano center, says don't paint him with a broad brush, despite the early works in his portfolio.
Olive is a painted, welded steel piece that has a sort of Marilyn Monroe-skirt-blowing-above-the-grate look about it. Peeing Tom, the buddy of companion work Peeping Tom, is, well, relieving himself.
Oh, my.
But residents have nothing to fear, the artist and city officials say. At least one City Council member isn't so sure.
Mr. Ellison said the aforementioned works were for private collectors. Some aren't even in the country. Plano officials say they weren't part of any portfolio they viewed. The 58-year-old sculptor says his public art commissions are designed to fit the community they'll be placed in.
"Lots of times they have a slight whimsical look to them – kind of fun," he said. "People always enjoy them when we install them."
You can take a look: A recent installation is a kiosk at the Dallas Convention Center.
In Plano's case, all three artists will come here to get ideas before offering a design for the building named after City Manager Tom Muehlenbeck. A selection committee will make the final cut, with opinions from residents and sign-off from the City Council.
The other two finalists are Ray King of Philadelphia and Koryn Rolstad of Seattle.
At times, art has brought aggravation in Plano: Some say the city needs more of it to erase suburban blahs. But at what price, others ask. Voters decide Saturday whether Plano should go ahead with spending millions on a regional arts hall.
Still, council member Ken Lambert wonders what Plano is in for, after viewing Mr. Ellison's online gallery.
"He may fit the image of sushi Plano," Mr. Lambert said, "but he damn sure doesn't fit the image of Tex-Mex Plano and the places I go."
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TexasStooge
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Fire brings strength to Arlington congregation
By CYNTHIA VEGA / WFAA ABC 8
ARLINGTON, Texas — Arlington investigators were working Tuesday to determine what caused a fast-moving fire that destroyed a large portion of a church facility in south Arlington Monday evening.
No one was hurt in the four-alarm blaze at the Church on Rush Creek in the 2300 block of Southwest Green Oaks Boulevard.
Extinguishing fire required the work of 60 firefighters including mutual aid from the Fort Worth and Euless fire departments.
A children's building, a gymnasium, a cafeteria and the church's offices were destroyed.
"I met my husband at that building," said Tabitha Lafferty. "Everything I ever did revolved around this building for years, so watching all of those memories fall to the ground is hard."
More than two dozen young people who were participating in a Bible study escaped unhurt after smelling smoke.
Still-stunned church members gathered Tuesday morning to assess the damage and to try and recover what was left.
"We're just kind of seeking the Lord, to find out what he wants for us," said Senior Pastor Russ Barksdale. "This is His twist in our lives. We didn't expect it, so we don't know what to do. We have to wait to meet with our adjusters. Hopefully we'll be able to start from scratch."
"We're just happy no one was inside," church member Regan Albright, 16, said.
"There's some grieving, but also some celebration because nobody was hurt," Barksdale added.
Witnesses said the fire appeared to start in the attic above a children's area at the church. Alarms first sounded around 6:45 p.m.
"We saw smoke coming out of a maintenance closet where all of the heaters and AC units are kept," said witness Daniel Good.
"Early on, we went from an offensive fire, which is (firefighters) inside attacking the fire, to a defensive fire, where we pull all of our firefighters out and set up aerial ladders," said Arlington Fire Department assistant chief Brian Riley.
The cause of the blaze remained under investigation on Tuesday.
The Church on Rush Creek draws nearly 1,300 on Sunday mornings, and on Tuesday night, the flames drew nearly that many to watch.
"Lots of memories," one witness said. "I got married here," said another.
Even as the oldest part of the church burned, members gathered in the undamaged new sanctuary next door to sing and pray. The fire didn't delay worship there, but ignited it.
Officials said the church's children's area, offices and a theater will likely be a loss.
Church officials said regular services in the main sanctuary will be held on Sunday, Mother's Day, at 9 a.m. and 11 a.m. As previously scheduled, the topic will be "faith."
"The hope is that we're going to build a better church, and we're going to build more memories and these memories aren't going to stop and they they're not going to die and they're not going to go away when this building's gone," Lafferty said.
"I think it'll draw all of us closer as a family."
WFAA-TV reporter Jim Douglas and the Associated Press contributed to this report.
By CYNTHIA VEGA / WFAA ABC 8
ARLINGTON, Texas — Arlington investigators were working Tuesday to determine what caused a fast-moving fire that destroyed a large portion of a church facility in south Arlington Monday evening.
No one was hurt in the four-alarm blaze at the Church on Rush Creek in the 2300 block of Southwest Green Oaks Boulevard.
Extinguishing fire required the work of 60 firefighters including mutual aid from the Fort Worth and Euless fire departments.
A children's building, a gymnasium, a cafeteria and the church's offices were destroyed.
"I met my husband at that building," said Tabitha Lafferty. "Everything I ever did revolved around this building for years, so watching all of those memories fall to the ground is hard."
More than two dozen young people who were participating in a Bible study escaped unhurt after smelling smoke.
Still-stunned church members gathered Tuesday morning to assess the damage and to try and recover what was left.
"We're just kind of seeking the Lord, to find out what he wants for us," said Senior Pastor Russ Barksdale. "This is His twist in our lives. We didn't expect it, so we don't know what to do. We have to wait to meet with our adjusters. Hopefully we'll be able to start from scratch."
"We're just happy no one was inside," church member Regan Albright, 16, said.
"There's some grieving, but also some celebration because nobody was hurt," Barksdale added.
Witnesses said the fire appeared to start in the attic above a children's area at the church. Alarms first sounded around 6:45 p.m.
"We saw smoke coming out of a maintenance closet where all of the heaters and AC units are kept," said witness Daniel Good.
"Early on, we went from an offensive fire, which is (firefighters) inside attacking the fire, to a defensive fire, where we pull all of our firefighters out and set up aerial ladders," said Arlington Fire Department assistant chief Brian Riley.
The cause of the blaze remained under investigation on Tuesday.
The Church on Rush Creek draws nearly 1,300 on Sunday mornings, and on Tuesday night, the flames drew nearly that many to watch.
"Lots of memories," one witness said. "I got married here," said another.
Even as the oldest part of the church burned, members gathered in the undamaged new sanctuary next door to sing and pray. The fire didn't delay worship there, but ignited it.
Officials said the church's children's area, offices and a theater will likely be a loss.
Church officials said regular services in the main sanctuary will be held on Sunday, Mother's Day, at 9 a.m. and 11 a.m. As previously scheduled, the topic will be "faith."
"The hope is that we're going to build a better church, and we're going to build more memories and these memories aren't going to stop and they they're not going to die and they're not going to go away when this building's gone," Lafferty said.
"I think it'll draw all of us closer as a family."
WFAA-TV reporter Jim Douglas and the Associated Press contributed to this report.
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TexasStooge
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This story is heart-wrenching. 
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Dead baby found in duffel bag
ARLINGTON, Texas (WFAA ABC 8) - Arlington police said a man mowing a yard in the 5900 block of Sterling Green Trail Monday evening found a dead baby boy inside a duffel bag.
The newborn's umbilical cord was still attached.
The Tarrant County Medical Examiner's office was trying to determine whether the baby was stillborn, or if it died after birth.
Police said women's clothing—including a purple robe—was also found inside the black Addidas-brand bag.
The dead baby had a full head of straight, black hair and appeared to be white or Hispanic, police said.
Investigators asked that anyone with knowledge of a woman who was recently pregnant and cannot now account for the baby contact Arlington police.
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Dead baby found in duffel bag
ARLINGTON, Texas (WFAA ABC 8) - Arlington police said a man mowing a yard in the 5900 block of Sterling Green Trail Monday evening found a dead baby boy inside a duffel bag.
The newborn's umbilical cord was still attached.
The Tarrant County Medical Examiner's office was trying to determine whether the baby was stillborn, or if it died after birth.
Police said women's clothing—including a purple robe—was also found inside the black Addidas-brand bag.
The dead baby had a full head of straight, black hair and appeared to be white or Hispanic, police said.
Investigators asked that anyone with knowledge of a woman who was recently pregnant and cannot now account for the baby contact Arlington police.
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rainstorm
TexasStooge wrote:Higher taxes in school finance plan
AUSTIN, Texas (WFAA ABC 8/AP) — Texans would pay higher sales, cigarette and alcohol taxes and more businesses would be forced to pay a state tax under a school finance proposal put forth Monday by a Senate committee.
The plan is designed to offset school property tax cuts and generate more money for public education. It attempts to reduce property taxes by $6 billion over the next two years, if a proposed constitutional amendment is passed allowing a statewide property tax.
The Senate Finance Committee plan differs in key areas from a House school finance tax plan approved last month.
Alcohol excise taxes would go up by 25 percent from existing rates under the Senate proposal. The House plan did not include an alcohol tax increase.
Businesses under the Senate proposal would pay a 2.5 percent tax on earned surplus, which is lower than the existing franchise tax. But more businesses would have to pay. The Senate proposal would cover all businesses except sole proprietorships.
The state sales tax would go up from the current 6.25 percent to 6.75 percent. That would include taxes paid on motor vehicles and boats.
Under the Senate plan, the cigarette tax would be increased by 60 cents per pack, up to $1.01 per pack. The current rate is 41 cents a pack.
BILLIONS DOWN A RAT HOLE. there is way too much money spent on "education". the liberal agenda of the teachers unions is the problem
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Water outage closes all Grand Prairie schools
GRAND PRAIRIE, Texas (WFAA ABC 8) - All Grand Prairie public schools were closed Wednesday because of a water outage.
Sam Buchmeyer, a spokesman for the Grand Prairie Independent School District, said schools were working to notify students, parents and staffers of the problem.
A water main break at a construction site at Tarrant Road and Seventh Street prompted the shutdown. The outage extends from north of Interstate 30 to Marshall Street.
Buckmeyer said the best-case scenario was for water to be restored in four to five hours, so Superintendent David Barbosa elected to close all schools for the day.
GRAND PRAIRIE, Texas (WFAA ABC 8) - All Grand Prairie public schools were closed Wednesday because of a water outage.
Sam Buchmeyer, a spokesman for the Grand Prairie Independent School District, said schools were working to notify students, parents and staffers of the problem.
A water main break at a construction site at Tarrant Road and Seventh Street prompted the shutdown. The outage extends from north of Interstate 30 to Marshall Street.
Buckmeyer said the best-case scenario was for water to be restored in four to five hours, so Superintendent David Barbosa elected to close all schools for the day.
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Police chase ends in fiery crash
By CYNTHIA VEGA / WFAA ABC 8
DALLAS, Texas - What began as a routine investigation into a suspected stolen vehicle ended early Wednesday in a spectacular crash that knocked out power in a Dallas neighborhood.
Dallas police said that after two members of the Auto Theft Task Squad stopped a Dodge Caravan minivan, the driver suddenly pulled away.
A brief pursuit ended when the vehicle plowed into a utility pole and overturned near Commerce Street and Sylvan Boulevard just before 1 a.m.
The fuel tank erupted in flames and police said the driver, who suffered a broken leg, attempted to crawl from the wreckage and escape between two buildings. He was captured.
"The passenger in the vehicle had a pretty major head gash, was trapped inside the vehicle, couldn't find her way out," said police Sgt. Dale Barnard. "One of our officers broke the window and helped evacuate her from the vehicle before it became fully involved in flames."
The suspects were taken to Parkland Memorial Hospital for treatment. Both may face charges if it turns out that the vehicle was stolen.
TXU Electric crews worked into the daylight hours to replace the broken utility pole and to restore power to the affected neighborhood.
WFAA-TV photojournalist Robert Flagg contributed to this report.
Photo by Robert Flagg / WFAA ABC 8
The minivan crashed into a utility pole and burst into flames.
By CYNTHIA VEGA / WFAA ABC 8
DALLAS, Texas - What began as a routine investigation into a suspected stolen vehicle ended early Wednesday in a spectacular crash that knocked out power in a Dallas neighborhood.
Dallas police said that after two members of the Auto Theft Task Squad stopped a Dodge Caravan minivan, the driver suddenly pulled away.
A brief pursuit ended when the vehicle plowed into a utility pole and overturned near Commerce Street and Sylvan Boulevard just before 1 a.m.
The fuel tank erupted in flames and police said the driver, who suffered a broken leg, attempted to crawl from the wreckage and escape between two buildings. He was captured.
"The passenger in the vehicle had a pretty major head gash, was trapped inside the vehicle, couldn't find her way out," said police Sgt. Dale Barnard. "One of our officers broke the window and helped evacuate her from the vehicle before it became fully involved in flames."
The suspects were taken to Parkland Memorial Hospital for treatment. Both may face charges if it turns out that the vehicle was stolen.
TXU Electric crews worked into the daylight hours to replace the broken utility pole and to restore power to the affected neighborhood.
WFAA-TV photojournalist Robert Flagg contributed to this report.
Photo by Robert Flagg / WFAA ABC 8
The minivan crashed into a utility pole and burst into flames.
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Suspect denies involvement in murder
By CHRIS HEINBAUGH / WFAA ABC 8
DALLAS, Texas - Rhiphifieal Funches is one of two suspects accused of horrible crimes.
During a home invasion last Tuesday night, Dallas police said the pair tied up and beat Jose Estrada and slit his throat. He survived, but his wife Florencia did not. They allegedly raped, then drowned her in the tub.
"This was extremely brutal, somewhat of a cold-blooded nature," said Dallas Police Sgt. Gary Kirkpatrick. "Unbelievably bad, the things they did to her."
"Not we, he ... I had no part of this," Funches said. " I'm not what they're accusing me of being."
Funches said he went in the apartment for robbery, not sexual assault or murder. He said his friend Charles Wiggins lost control and pushed Florencia under the water.
"I couldn't really bear it to see her struggling, and he wouldn't stop," Funches said.
But authorities said both men sexually assaulted the woman before drowning her to cover their tracks.
"We believe putting her in the bathtub was part of a cover-up plan to finish killing her, and possibly remove any evidence in her or on her body," Funches said.
Police won't let Funches pass the buck.
"We have evidence that leads us to know that both suspects were equally involved," Kirkpatrick said.
"What happened to that woman, I didn't do that," Funches said. "That man being stabbed, God knows I didn't do that."
He said he tried to stop his friend, but said Wiggins was like an animal on Wild Kingdom - and he feared he might turn on him too.
"The lion might go in and attack him too ... the one that tried to help, you know," he said.
Charles Wiggins turned down an interview request from News 8.
Meanwhile, the police investigation continues; they believe both men are tied to other home invasion robberies in the area.
By CHRIS HEINBAUGH / WFAA ABC 8
DALLAS, Texas - Rhiphifieal Funches is one of two suspects accused of horrible crimes.
During a home invasion last Tuesday night, Dallas police said the pair tied up and beat Jose Estrada and slit his throat. He survived, but his wife Florencia did not. They allegedly raped, then drowned her in the tub.
"This was extremely brutal, somewhat of a cold-blooded nature," said Dallas Police Sgt. Gary Kirkpatrick. "Unbelievably bad, the things they did to her."
"Not we, he ... I had no part of this," Funches said. " I'm not what they're accusing me of being."
Funches said he went in the apartment for robbery, not sexual assault or murder. He said his friend Charles Wiggins lost control and pushed Florencia under the water.
"I couldn't really bear it to see her struggling, and he wouldn't stop," Funches said.
But authorities said both men sexually assaulted the woman before drowning her to cover their tracks.
"We believe putting her in the bathtub was part of a cover-up plan to finish killing her, and possibly remove any evidence in her or on her body," Funches said.
Police won't let Funches pass the buck.
"We have evidence that leads us to know that both suspects were equally involved," Kirkpatrick said.
"What happened to that woman, I didn't do that," Funches said. "That man being stabbed, God knows I didn't do that."
He said he tried to stop his friend, but said Wiggins was like an animal on Wild Kingdom - and he feared he might turn on him too.
"The lion might go in and attack him too ... the one that tried to help, you know," he said.
Charles Wiggins turned down an interview request from News 8.
Meanwhile, the police investigation continues; they believe both men are tied to other home invasion robberies in the area.
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Dallas crime maps now online
By DON WALL / WFAA ABC 8
DALLAS, Texas - For the first time, citizens can view Dallas Police crime maps online, which show where, when, and how crimes take place.
Anyone can zoom in to specific neighborhoods; only sex assaults involving juveniles are omitted. Authorities are hoping the new tool will lead to better-informed citizens.
Take the Lower Greenville area for example, which experienced a wave of armed robberies during the past two years.
If you pull it up on the website, each icon represents a specific crime. The red fists represent aggravated assaults, and the blue pistols indicate individual robberies.
"It can (give you) peace of mind," said DPD Deputy Chief Barbara Smith. "Sometimes we're bombarded with images that Dallas is number-one in crime, but it's not necessarily for every single neighborhood."
However, if you take a look at the map of Dallas including all crimes for 2003, 2004, and so far in 2005, virtually every neighborhood is covered with icons.
Lower Greenville neighborhood activist Avi Adelman said he will use the new crime maps to convince people to get involved in crime watch programs.
"I have every intention of putting it on my website, taking it to meetings, passing it out and making sure the real estate people know about it," Adelman said. "You have to be informed, otherwise it's a waste of computer energy."
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Dallas Crime Maps
By DON WALL / WFAA ABC 8
DALLAS, Texas - For the first time, citizens can view Dallas Police crime maps online, which show where, when, and how crimes take place.
Anyone can zoom in to specific neighborhoods; only sex assaults involving juveniles are omitted. Authorities are hoping the new tool will lead to better-informed citizens.
Take the Lower Greenville area for example, which experienced a wave of armed robberies during the past two years.
If you pull it up on the website, each icon represents a specific crime. The red fists represent aggravated assaults, and the blue pistols indicate individual robberies.
"It can (give you) peace of mind," said DPD Deputy Chief Barbara Smith. "Sometimes we're bombarded with images that Dallas is number-one in crime, but it's not necessarily for every single neighborhood."
However, if you take a look at the map of Dallas including all crimes for 2003, 2004, and so far in 2005, virtually every neighborhood is covered with icons.
Lower Greenville neighborhood activist Avi Adelman said he will use the new crime maps to convince people to get involved in crime watch programs.
"I have every intention of putting it on my website, taking it to meetings, passing it out and making sure the real estate people know about it," Adelman said. "You have to be informed, otherwise it's a waste of computer energy."
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Dallas Crime Maps
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TexasStooge
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'Lost' inmates plague county jail
Lawyer says lawsuit could result from problems with new computer system
By BRAD WATSON / WFAA ABC 8
DALLAS, Texas - The new computer system at the Dallas County Jail has been hardly error-free since it went online.
It's been criticized by judges, attorneys and families trying to bond out prisoners. Now, there's another concern: denying personal freedom.
"We have made some mistakes, whether they be human error, software error, whatever," said Dallas County Sheriff's Department spokesman Don Peritz. "The problem is there have been mistakes made, and people have been held longer than they should've been held."
The Sheriff's Department confirmed to News 8 that at least 33 prisoners have been held past their release dates. Most were freed within a day, or turned over to other law enforcement agencies that wanted them. However, some remained jailed much longer after they should've been released.
- Latobe Griggs was held four extra days after serving a sentence for theft.
- Rodolfo Alday was held six days following an intoxication assault with a motor vehicle sentence.
- Jordan Gardner was held an additional seven days after serving time for burglary.
- Eugene Perez was held 21 days after serving his time for evading arrest.
- Carlos Hernandez was held two months after his term for marijuana possession ended.
However, defenders of the computer system blame sheriff's department employees for entering data wrong, or computing release dates in error.
"If you can show me there is a system error, we'll get it fixed," said county commissioner Mike Cantrell. "But they haven't been able to show me on any of these cases where it's a system error."
Regardless, the delayed releases expose the county to possible civil rights claims, according to defense attorney Robert Udashen, who has assisted the ACLU.
"Potentially, the people who are held in jail that should have been released could file suit against the county, and collect damages for the time they spent in jail unnecessarily," said Udashen.
Lawyer says lawsuit could result from problems with new computer system
By BRAD WATSON / WFAA ABC 8
DALLAS, Texas - The new computer system at the Dallas County Jail has been hardly error-free since it went online.
It's been criticized by judges, attorneys and families trying to bond out prisoners. Now, there's another concern: denying personal freedom.
"We have made some mistakes, whether they be human error, software error, whatever," said Dallas County Sheriff's Department spokesman Don Peritz. "The problem is there have been mistakes made, and people have been held longer than they should've been held."
The Sheriff's Department confirmed to News 8 that at least 33 prisoners have been held past their release dates. Most were freed within a day, or turned over to other law enforcement agencies that wanted them. However, some remained jailed much longer after they should've been released.
- Latobe Griggs was held four extra days after serving a sentence for theft.
- Rodolfo Alday was held six days following an intoxication assault with a motor vehicle sentence.
- Jordan Gardner was held an additional seven days after serving time for burglary.
- Eugene Perez was held 21 days after serving his time for evading arrest.
- Carlos Hernandez was held two months after his term for marijuana possession ended.
However, defenders of the computer system blame sheriff's department employees for entering data wrong, or computing release dates in error.
"If you can show me there is a system error, we'll get it fixed," said county commissioner Mike Cantrell. "But they haven't been able to show me on any of these cases where it's a system error."
Regardless, the delayed releases expose the county to possible civil rights claims, according to defense attorney Robert Udashen, who has assisted the ACLU.
"Potentially, the people who are held in jail that should have been released could file suit against the county, and collect damages for the time they spent in jail unnecessarily," said Udashen.
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Teen mob targets Dallas immigrants
By BERT LOZANO / WFAA ABC 8
DALLAS, Texas - Dallas police are investigating what appear to be racially motivated attacks targeting Mexican immigrants.
The assaults happened Saturday evening in the 2700 block of Arroyo in a Northwest Dallas neighborhood.
Scrapes and bruises are signs of the struggle Savoeun Pha said he encountered on his walk home from work.
"They hit me with a stick right there," he said, gesturing. "I guess somebody hit me in the back of the head, because the next thing I know I'm on the ground."
Pha was beaten by what he describes as a "wolf gang" of teenagers.
"I heard them saying, '(expletive) Mexicans,'" Pha said. "I guess they were assuming that I was Mexican."
Pha managed to escape, but saw what gang members did to another victim.
"He had bags on his face; I saw blood on him and his eyes were swollen," he said. "I guess I'm fortunate to turn out the way I did."
Officers confirm a gang of 20 African-American teens attacked Pha and assaulted up to ten others in 20 minutes of violence.
Precinct 5 Constable Mike Dupree took one 13-year-old suspect into custody after a foot chase.
"This group, this mob of teen-agers were just picking undocumented workers at random," he said.
Dupree considers the attack a hate crime.
"They were directly asking them, 'are you Mexicano or Chicano?' If they were Mexicano they were a target, and they were viciously beaten," he said.
Dallas police are now heavily patrolling the neighborhood, where many Hispanic families live. So far, the investigation has found the teens devised the attacks one day earlier.
"This was planned at school with a group of young teenagers," Dupree said. "This was going to be their plan for the weekend - to just go out and viciously attack undocumented citizens."
Paramedics treated all the victims on the scene. Police did take one juvenile into custody and released him to the care of his parents, but the rest of the suspects managed to get away.
Officers said they are unaware of any preexisting racial tensions in the neighborhood, but will increase patrols through the weekend.
By BERT LOZANO / WFAA ABC 8
DALLAS, Texas - Dallas police are investigating what appear to be racially motivated attacks targeting Mexican immigrants.
The assaults happened Saturday evening in the 2700 block of Arroyo in a Northwest Dallas neighborhood.
Scrapes and bruises are signs of the struggle Savoeun Pha said he encountered on his walk home from work.
"They hit me with a stick right there," he said, gesturing. "I guess somebody hit me in the back of the head, because the next thing I know I'm on the ground."
Pha was beaten by what he describes as a "wolf gang" of teenagers.
"I heard them saying, '(expletive) Mexicans,'" Pha said. "I guess they were assuming that I was Mexican."
Pha managed to escape, but saw what gang members did to another victim.
"He had bags on his face; I saw blood on him and his eyes were swollen," he said. "I guess I'm fortunate to turn out the way I did."
Officers confirm a gang of 20 African-American teens attacked Pha and assaulted up to ten others in 20 minutes of violence.
Precinct 5 Constable Mike Dupree took one 13-year-old suspect into custody after a foot chase.
"This group, this mob of teen-agers were just picking undocumented workers at random," he said.
Dupree considers the attack a hate crime.
"They were directly asking them, 'are you Mexicano or Chicano?' If they were Mexicano they were a target, and they were viciously beaten," he said.
Dallas police are now heavily patrolling the neighborhood, where many Hispanic families live. So far, the investigation has found the teens devised the attacks one day earlier.
"This was planned at school with a group of young teenagers," Dupree said. "This was going to be their plan for the weekend - to just go out and viciously attack undocumented citizens."
Paramedics treated all the victims on the scene. Police did take one juvenile into custody and released him to the care of his parents, but the rest of the suspects managed to get away.
Officers said they are unaware of any preexisting racial tensions in the neighborhood, but will increase patrols through the weekend.
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Child's near-abduction investigated
RICHARDSON, Texas (WFAA ABC 8) - Richardson ISD officials sent a warning to parents Tuesday about the attempted abduction of an elementary school student.
Parents received letters about an incident Monday near Yale Elementary, in the 1900 block of Collins Boulevard on the city's east side.
It said a female student was almost abducted by what police described as an overweight white male in his mid-to-late 30s, wearing thick glasses and driving a red SUV, possibly a Ford Explorer.
The man told the girl he knew her mother, but fortunately the girl knew better and ran away.
In Dallas, the search continues for an intruder discovered inside an elementary school on Tuesday.
A custodian found the man in a girl's bathroom at Stemmons Elementary in West Oak Cliff. He ran out and administrators locked down the school.
DISD police searched for the man, but failed to find him.
RICHARDSON, Texas (WFAA ABC 8) - Richardson ISD officials sent a warning to parents Tuesday about the attempted abduction of an elementary school student.
Parents received letters about an incident Monday near Yale Elementary, in the 1900 block of Collins Boulevard on the city's east side.
It said a female student was almost abducted by what police described as an overweight white male in his mid-to-late 30s, wearing thick glasses and driving a red SUV, possibly a Ford Explorer.
The man told the girl he knew her mother, but fortunately the girl knew better and ran away.
In Dallas, the search continues for an intruder discovered inside an elementary school on Tuesday.
A custodian found the man in a girl's bathroom at Stemmons Elementary in West Oak Cliff. He ran out and administrators locked down the school.
DISD police searched for the man, but failed to find him.
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Jury gets fake death case today
GEORGETOWN, Texas (WFAA ABC 8/AP) — A Leander woman who admitted helping her husband fake his death in a fiery car wreck testified Wednesday that she chose the corpse he would use and researched how to burn the body beyond recognition.
Molly Daniels pleaded guilty Tuesday to insurance fraud and hindering apprehension. A jury was expected to begin deliberating her sentence Thursday, after attorneys give their closing arguments.
Daniels faces the possibility of probation to 20 years in prison.
Her husband, Clayton Wayne Daniels, remains jailed pending trial on arson charges from the June case.
Molly Daniels cried on the stand and told jurors she was sorry for what she had done, the Austin American-Statesman reported in its Thursday editions. She said she hadn't considered the impact of her actions.
She testified that her husband was to dig up the grave of 81-year-old Charlotte Davis, a woman with mental retardation who had been dead for six months. The woman's body was to be dressed in tennis shoes, Faded Glory jeans and a Harley-Davidson baseball cap with a fish hook attached.
After that, her husband was to put the body in a green Chevy, push it off a roadside cliff in rural Burnet County and burn the body and the vehicle, Daniels said.
"We felt because she was older, there would not be much family impact, if any," Molly Daniels told the jury.
Amy Birkenfeld, a co-worker at the gutter company where Molly Daniels was a receptionist, said they rallied around the woman after her death, closed down to attend a memorial service for Clayton Daniels and raised $1,000 to help with expenses.
Jennifer Panas testified that she offered to help baby-sit the Daniels' young children after seeing a note about a "newly-widowed mom" needing a baby sitter.
Four-year-old Caleb seemed to have difficulty dealing with the death of his father, Panas said. He tormented her dog, tried to push the other children down the stairs and would point to the ceiling and say "I love you Daddy!" she said.
"He wasn't quite all there," Panas said. "It was clear there were huge issues that weren't being dealt with."
Prosecutors said a few weeks after the faked death, Molly Daniels introduced her son to her new boyfriend, Jake Gregg— actually Daniels with his hair dyed black.
Assistant District Attorney Jane Starnes blamed greed, pointing to a $110,000 life insurance policy. Officials also say the staged death came days before Clayton Daniels was to report to jail for failing to report to his probation officer. He had been given probation for a sexual assault of a young girl.
Defense lawyer Thomas Vasquez said Molly Daniels' motive was fear that her children, ages 4 and 1, would not have been allowed to have contact with their father under terms of his sentence.
"It was about keeping our family together," Molly Daniels testified Wednesday.
In court, investigators said the June 18 wreck, had seemed fishy from the start. There were no skid marks on the road, and an investigator found the fire started in the driver's seat and was helped along by charcoal lighter fluid, authorities said.
Texas Ranger Garth Davis also testified that when he interviewed Molly Daniels about the crash, she was surprisingly calm.
Davis took a DNA sample from the charred body and from Clayton Daniels' mother and found the body was not Daniels'.
Davis said searches of the couple's home and Molly Daniels' work computer also revealed a complicated scheme to create a new identity for her husband, including fake birth certificates and a Texas driver's license under the name Jacob Alexander Gregg.
GEORGETOWN, Texas (WFAA ABC 8/AP) — A Leander woman who admitted helping her husband fake his death in a fiery car wreck testified Wednesday that she chose the corpse he would use and researched how to burn the body beyond recognition.
Molly Daniels pleaded guilty Tuesday to insurance fraud and hindering apprehension. A jury was expected to begin deliberating her sentence Thursday, after attorneys give their closing arguments.
Daniels faces the possibility of probation to 20 years in prison.
Her husband, Clayton Wayne Daniels, remains jailed pending trial on arson charges from the June case.
Molly Daniels cried on the stand and told jurors she was sorry for what she had done, the Austin American-Statesman reported in its Thursday editions. She said she hadn't considered the impact of her actions.
She testified that her husband was to dig up the grave of 81-year-old Charlotte Davis, a woman with mental retardation who had been dead for six months. The woman's body was to be dressed in tennis shoes, Faded Glory jeans and a Harley-Davidson baseball cap with a fish hook attached.
After that, her husband was to put the body in a green Chevy, push it off a roadside cliff in rural Burnet County and burn the body and the vehicle, Daniels said.
"We felt because she was older, there would not be much family impact, if any," Molly Daniels told the jury.
Amy Birkenfeld, a co-worker at the gutter company where Molly Daniels was a receptionist, said they rallied around the woman after her death, closed down to attend a memorial service for Clayton Daniels and raised $1,000 to help with expenses.
Jennifer Panas testified that she offered to help baby-sit the Daniels' young children after seeing a note about a "newly-widowed mom" needing a baby sitter.
Four-year-old Caleb seemed to have difficulty dealing with the death of his father, Panas said. He tormented her dog, tried to push the other children down the stairs and would point to the ceiling and say "I love you Daddy!" she said.
"He wasn't quite all there," Panas said. "It was clear there were huge issues that weren't being dealt with."
Prosecutors said a few weeks after the faked death, Molly Daniels introduced her son to her new boyfriend, Jake Gregg— actually Daniels with his hair dyed black.
Assistant District Attorney Jane Starnes blamed greed, pointing to a $110,000 life insurance policy. Officials also say the staged death came days before Clayton Daniels was to report to jail for failing to report to his probation officer. He had been given probation for a sexual assault of a young girl.
Defense lawyer Thomas Vasquez said Molly Daniels' motive was fear that her children, ages 4 and 1, would not have been allowed to have contact with their father under terms of his sentence.
"It was about keeping our family together," Molly Daniels testified Wednesday.
In court, investigators said the June 18 wreck, had seemed fishy from the start. There were no skid marks on the road, and an investigator found the fire started in the driver's seat and was helped along by charcoal lighter fluid, authorities said.
Texas Ranger Garth Davis also testified that when he interviewed Molly Daniels about the crash, she was surprisingly calm.
Davis took a DNA sample from the charred body and from Clayton Daniels' mother and found the body was not Daniels'.
Davis said searches of the couple's home and Molly Daniels' work computer also revealed a complicated scheme to create a new identity for her husband, including fake birth certificates and a Texas driver's license under the name Jacob Alexander Gregg.
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Pretrial release program questioned
By BRETT SHIPP / WFAA ABC 8
FORT WORTH, Texas - Some Tarrant County criminal court judges are being accused of misusing their discretion by letting high-risk prisoners out on low-cost, personal bonds.
The program is called "pretrial release," and it is designed to allow a quick, cheap bail typically for first-time offenders accused of minor crimes. Yet, the judges are using their discretion to grant speedy release to violent and repeat offenders.
The pretrial release program in Tarrant County is such a success, the county is knocking down office walls and expanding. Officials are letting more prisoners out on a reduced bond, paying three percent to the county instead of ten percent to a bail bondsman.
To be considered for the release, they must meet certain guidelines spelled out recently by program director Michelle Brown.
"Non-violent misdemeanors and non-violent felonies, for the most part," Brown said.
Specifically, they must have "no history of bond forfeitures" and "no previous felony convictions", and persons charged with first-degree felonies "are excluded".
However, News 8 has found those guidelines are frequently not followed by the judges, who are allowed by law to use their discretion in each case.
Christy Radacy is the Fort Worth woman accused of dumping her children on the Jacksboro Highway two years ago. After being charged with child endangerment in 2003, she jumped bond and bolted to Europe.
A diligent bondsman helped lure her back to court last year, where she pleaded guilty. But despite previously jumping bond, District Judge George Gallagher allowed Radacy out on pretrial release. Days later, she fled the country again.
Darrell Barnett works in the bonding business in Fort Worth. He said Radacy is probably gone for good.
"There's not a bondsman looking for her," Barnett said. "She's on pretrial release so there's no one liable for her."
Gallagher again used his discretion to grant pretrial release to convicted sex offender Brian Collins last year. Collins had served time in the state pen, and failed to register as a sex offender when he was released, thus committing his second felony offense.
Yet, Gallagher allowed Collins out on pretrial release. The father of Collins' ten-year-old victim said he is shocked the judge would show sympathy to a sex offender.
"With what he's done in the past - and I think he'll still continue to do it - I think it's wrong," he said of Collins' release. "I think the guy has a problem. I think the judge has a problem too."
Gallagher also granted pretrial release to Eric Dewayne McCarroll of Arlington, despite the fact McCarroll was charged with a first-degree felony. At one point, McCarroll forfeited his $150 bond.
News 8 tried to find him at the address he listed with pretrial release.
"I'm looking for Eric Dewayne McCarroll."
"Yes, sir."
"Eric Dewayne McCarroll, does he live here?"
"No sir, he doesn't."
"Have you ever heard of him before?"
"No sir, I haven't."
Judge Gallagher said McCarroll has since shown up again in court.
The judge declined to speak with News 8 on camera about McCarroll, or any other case. He did, however, defend his decisions at a public meeting last week.
"If we feel the people are better served by pretrial than a bondsman, or if the system is better served by using pretrial than a bondsman, then we as the judges have the discretion to make that call," Gallagher said.
Indeed, Gallagher is not the only Tarrant County judge chosing to use his discretion in allowing accused offenders pretrial release.
- John Djuan Sheppard, charged with the first-degree felony count of delivering and manufacturing drugs, was given pre-trial release by Judge Elizabeth Berry.
- Angel Lucille Wilburn, charged with causing serious bodily injury to a child, had pretrial release granted by Judge Robert Gill.
- Mailo Edward Garcia had previously jumped bail when Judge Wayne Salvant granted him pretrial release.
"As a judge I'm gonna look at it the way I see fit to make it work," Salvant said.
But Tarrant County Sheriff Dee Anderson said it appears to him that some judges have carried their discretion too far.
"When you look at a listing like that, when you see someone that has those kinds of charges against them, obviously it doesn't pop into your mind that this would be a good candidate for pretrial (release)," Anderson said.
County Commissioner J.D. Johnson, a strong proponent of pretrial release, said the guidlines may need to be revisited.
"I would assume that since you've shown me this list, that I'm gonna be doing some review on the ones that I'm looking at with some of these judges," Johnson said. "Yes, I think that we do need to take a look at our overall program, and see what it is that judges are allowing pretrial to write bonds on."
District Clerk Tom Wilder also wants commissioners to also look at the cost of the program - about $900,000 a year. He said regular bail bonds net the county about $2 million a year, and that in the wake of News 8's investigation the pretrial program should be cut back instead of expanded.
By BRETT SHIPP / WFAA ABC 8
FORT WORTH, Texas - Some Tarrant County criminal court judges are being accused of misusing their discretion by letting high-risk prisoners out on low-cost, personal bonds.
The program is called "pretrial release," and it is designed to allow a quick, cheap bail typically for first-time offenders accused of minor crimes. Yet, the judges are using their discretion to grant speedy release to violent and repeat offenders.
The pretrial release program in Tarrant County is such a success, the county is knocking down office walls and expanding. Officials are letting more prisoners out on a reduced bond, paying three percent to the county instead of ten percent to a bail bondsman.
To be considered for the release, they must meet certain guidelines spelled out recently by program director Michelle Brown.
"Non-violent misdemeanors and non-violent felonies, for the most part," Brown said.
Specifically, they must have "no history of bond forfeitures" and "no previous felony convictions", and persons charged with first-degree felonies "are excluded".
However, News 8 has found those guidelines are frequently not followed by the judges, who are allowed by law to use their discretion in each case.
Christy Radacy is the Fort Worth woman accused of dumping her children on the Jacksboro Highway two years ago. After being charged with child endangerment in 2003, she jumped bond and bolted to Europe.
A diligent bondsman helped lure her back to court last year, where she pleaded guilty. But despite previously jumping bond, District Judge George Gallagher allowed Radacy out on pretrial release. Days later, she fled the country again.
Darrell Barnett works in the bonding business in Fort Worth. He said Radacy is probably gone for good.
"There's not a bondsman looking for her," Barnett said. "She's on pretrial release so there's no one liable for her."
Gallagher again used his discretion to grant pretrial release to convicted sex offender Brian Collins last year. Collins had served time in the state pen, and failed to register as a sex offender when he was released, thus committing his second felony offense.
Yet, Gallagher allowed Collins out on pretrial release. The father of Collins' ten-year-old victim said he is shocked the judge would show sympathy to a sex offender.
"With what he's done in the past - and I think he'll still continue to do it - I think it's wrong," he said of Collins' release. "I think the guy has a problem. I think the judge has a problem too."
Gallagher also granted pretrial release to Eric Dewayne McCarroll of Arlington, despite the fact McCarroll was charged with a first-degree felony. At one point, McCarroll forfeited his $150 bond.
News 8 tried to find him at the address he listed with pretrial release.
"I'm looking for Eric Dewayne McCarroll."
"Yes, sir."
"Eric Dewayne McCarroll, does he live here?"
"No sir, he doesn't."
"Have you ever heard of him before?"
"No sir, I haven't."
Judge Gallagher said McCarroll has since shown up again in court.
The judge declined to speak with News 8 on camera about McCarroll, or any other case. He did, however, defend his decisions at a public meeting last week.
"If we feel the people are better served by pretrial than a bondsman, or if the system is better served by using pretrial than a bondsman, then we as the judges have the discretion to make that call," Gallagher said.
Indeed, Gallagher is not the only Tarrant County judge chosing to use his discretion in allowing accused offenders pretrial release.
- John Djuan Sheppard, charged with the first-degree felony count of delivering and manufacturing drugs, was given pre-trial release by Judge Elizabeth Berry.
- Angel Lucille Wilburn, charged with causing serious bodily injury to a child, had pretrial release granted by Judge Robert Gill.
- Mailo Edward Garcia had previously jumped bail when Judge Wayne Salvant granted him pretrial release.
"As a judge I'm gonna look at it the way I see fit to make it work," Salvant said.
But Tarrant County Sheriff Dee Anderson said it appears to him that some judges have carried their discretion too far.
"When you look at a listing like that, when you see someone that has those kinds of charges against them, obviously it doesn't pop into your mind that this would be a good candidate for pretrial (release)," Anderson said.
County Commissioner J.D. Johnson, a strong proponent of pretrial release, said the guidlines may need to be revisited.
"I would assume that since you've shown me this list, that I'm gonna be doing some review on the ones that I'm looking at with some of these judges," Johnson said. "Yes, I think that we do need to take a look at our overall program, and see what it is that judges are allowing pretrial to write bonds on."
District Clerk Tom Wilder also wants commissioners to also look at the cost of the program - about $900,000 a year. He said regular bail bonds net the county about $2 million a year, and that in the wake of News 8's investigation the pretrial program should be cut back instead of expanded.
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TexasStooge
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City department head under investigation
By CHRIS HEINBAUGH / WFAA ABC 8
DALLAS, Texas - The communications chief for the City of Dallas is under investigation.
The Department of Communication and Information Services handles City Hall's telephone, computers and Internet services. Brian Anderson has been the department's director since last August. But now, he's on administrative leave and facing an inquiry.
"It has been turned over to the Public Integrity Department of the Police Department.
After a tip to the city auditor's hotline, sources said investigators found contract and payment irregularities that raised a red flag.
Details are scarce, but Don Hill, the head of the City Council's Audit Committee, got a key question answered.
Hill said he asked, "'At this stage, is there any evidence of any kind of personal benefit or gain by Mr. Anderson from any of the activities that are alleged?' And they said, 'Clearly there are not.'"
Payment and contract questions have surrounded Anderson before, when he headed a similar department in the late 1990s in Philadelphia. An audit there found his department "circumvented controls over the purchasing process", and found "falsification of purchases."
No disciplinary action was taken, and Anderson kept his job. But Dallas officials said before hiring him they should have been told.
"I don't think there should be any question," Hill said. "He was a relatively high-level employee, so I think that that should have been done."
Anderson did not return phone calls from News 8.
Making these accusations harder for the city is the fact that the previous head of the same department was fired for questionable relationships with vendors doing business with the city.
Officials said so far, they've been pleased with Anderson's work.
There is no word on when the investigation will be complete.
By CHRIS HEINBAUGH / WFAA ABC 8
DALLAS, Texas - The communications chief for the City of Dallas is under investigation.
The Department of Communication and Information Services handles City Hall's telephone, computers and Internet services. Brian Anderson has been the department's director since last August. But now, he's on administrative leave and facing an inquiry.
"It has been turned over to the Public Integrity Department of the Police Department.
After a tip to the city auditor's hotline, sources said investigators found contract and payment irregularities that raised a red flag.
Details are scarce, but Don Hill, the head of the City Council's Audit Committee, got a key question answered.
Hill said he asked, "'At this stage, is there any evidence of any kind of personal benefit or gain by Mr. Anderson from any of the activities that are alleged?' And they said, 'Clearly there are not.'"
Payment and contract questions have surrounded Anderson before, when he headed a similar department in the late 1990s in Philadelphia. An audit there found his department "circumvented controls over the purchasing process", and found "falsification of purchases."
No disciplinary action was taken, and Anderson kept his job. But Dallas officials said before hiring him they should have been told.
"I don't think there should be any question," Hill said. "He was a relatively high-level employee, so I think that that should have been done."
Anderson did not return phone calls from News 8.
Making these accusations harder for the city is the fact that the previous head of the same department was fired for questionable relationships with vendors doing business with the city.
Officials said so far, they've been pleased with Anderson's work.
There is no word on when the investigation will be complete.
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TexasStooge
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- Location: Irving (Dallas County), TX
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D/FW monorail ready for opening
By BRAD HAWKINS / WFAA ABC 8
DFW INT'L AIRPORT, Texas - There's an old joke that getting around Dallas/Fort Worth International Airport can take longer than the flight.
But the new Skylink monorail system is about to make that terrestrial trip faster, and the ride for passengers shorter and higher.
"You won't have to wait more than two minutes at each station for the train to come in," said the airport's Perfecto Solis.
Those numbers are sure to please 10,000 passengers an hour. The maximum speed is up to 35 miles an hour, doubling the pace of the old tram system; each new car can carry 60 people, where the old tram was packed with 20.
On opening day, 64 cars will travel in both directions. That cuts the travel time across the terminal down to eight minutes end-to-end, and closes the door on what airport administrators acknowledge is passengers' number-one customer service issue.
"This is an enticement to any carrier that might be interested in coming to D/FW," said the airport's Tomas Rivera.
So far, that interest hasn't brought any new renters to fill the gates left vacant by Delta's withdrawal. The train is a big part of D/FW's $2.7 billion extreme makeover with a new international terminal and Grand Hyatt Hotel.
The old trains will be decommissioned, and officials said the right-of-way will be cleared and preserved to provide space for future rail service - possibly to connect the airport with DART or Trinity Railway Express trains.
By BRAD HAWKINS / WFAA ABC 8
DFW INT'L AIRPORT, Texas - There's an old joke that getting around Dallas/Fort Worth International Airport can take longer than the flight.
But the new Skylink monorail system is about to make that terrestrial trip faster, and the ride for passengers shorter and higher.
"You won't have to wait more than two minutes at each station for the train to come in," said the airport's Perfecto Solis.
Those numbers are sure to please 10,000 passengers an hour. The maximum speed is up to 35 miles an hour, doubling the pace of the old tram system; each new car can carry 60 people, where the old tram was packed with 20.
On opening day, 64 cars will travel in both directions. That cuts the travel time across the terminal down to eight minutes end-to-end, and closes the door on what airport administrators acknowledge is passengers' number-one customer service issue.
"This is an enticement to any carrier that might be interested in coming to D/FW," said the airport's Tomas Rivera.
So far, that interest hasn't brought any new renters to fill the gates left vacant by Delta's withdrawal. The train is a big part of D/FW's $2.7 billion extreme makeover with a new international terminal and Grand Hyatt Hotel.
The old trains will be decommissioned, and officials said the right-of-way will be cleared and preserved to provide space for future rail service - possibly to connect the airport with DART or Trinity Railway Express trains.
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TexasStooge
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- Joined: Tue Mar 25, 2003 1:22 pm
- Location: Irving (Dallas County), TX
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3 die in I-20 crossover accident
VAN, Texas (WFAA ABC 8) - It's not clear if weather played a role in a crossover accident that killed three people Tuesday morning in Smith County.
A pickup truck crossed the median on Interstate 20 near Van, colliding head-on with an 18-wheeler. The three who died in the wreck included two children.
A CareFlite medical helicopter picked up two of the victims and rushed them to local hospitals. Their conditions remain unknown.
VAN, Texas (WFAA ABC 8) - It's not clear if weather played a role in a crossover accident that killed three people Tuesday morning in Smith County.
A pickup truck crossed the median on Interstate 20 near Van, colliding head-on with an 18-wheeler. The three who died in the wreck included two children.
A CareFlite medical helicopter picked up two of the victims and rushed them to local hospitals. Their conditions remain unknown.
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