News from the Lone Star State

[TexasStooge]

District set to OK drug testing

Grapevine-Colleyville: Budget would cover costs, official says

By KATHRYN YEGGE / The Dallas Morning News

GRAPEVINE, Texas – Grapevine-Colleyville school trustees on Monday are expected to approve mandatory drug testing and drug education in schools, according to district officials.

Late Friday afternoon, a Grapevine-Colleyville attorney approved the district's proposed drug policy, which calls for random testing for illicit drugs, including steroids.

Under the policy, 10 percent to 40 percent of the students involved in sports and extracurricular activities would be tested. Positive results can lead to counseling sessions and suspension from extracurricular activities.

Testing is expected to cost $27,000 a year. Deputy Superintendent John Allison said the money probably would come from the budget and not be passed on to parents as additional pay-to-play costs.

The issue has been debated since The Dallas Morning News reported in February that nine Grapevine-Colleyville school district athletes admitted that they had used steroids during the previous school year.

Trustee Jesse Rodríguez expects the school board to approve the drug testing measure.

"I agree with ... [testing]," Mr. Rodríguez said. "With what's happened with recent events in our district and at the national level, it's important that we be proactive and respond to the concerns we have in the community."

That feeling is shared by U.S. drug czar John Walters, who praised the Frisco school district's drug testing program Friday.

Frisco is among at least 22 North Texas districts that have mandatory drug-testing programs, a recent Morning News survey showed. At least eight of those test for steroids.

Mr. Walters met with Frisco administrators and a few parents and students Friday morning to learn details about the district's 5-year-old program to test athletes, he said. He surveys such school district efforts around the U.S. on trips to push the country's anti-drug policy.

He cited the district as an example of what can be done without state or federal funding.

Drug tests "cost less than your average CD," said Mr. Walters, director of the White House Office of National Control Policy. "And they give us an opportunity to intervene."

He said federal officials hope to make more funding available next year for schools planning to start their own programs.

In Grapevine-Colleyville, it appears people support testing.In a recent district survey of 1,400 people, more than 63 percent of parents, students and community members said they favored random drug testing for students in extracurricular activities. Results for paying for the tests were less decisive. Nearly half of those surveyed said they would not be willing to pay for the tests.

Jonese Spence has two children involved in athletics at Colleyville Heritage High, and her oldest son is a recent graduate of the school. She said her family began discussing drug testing after the steroid scandal broke.

"I wouldn't have a problem with my kids being tested because they're not doing anything," she said.

Ms. Spence said that if random testing would keep students from using drugs, it would be worth the cost.

Trustee Nancy Coplen said it's the Grapevine-Colleyville school district's responsibility to ensure all students are safe.

"We're responsible for more than 13,000 students," Ms. Coplen said. "And there is that small portion of parents that won't take the time to educate their children, and those kids have to be as important to us as the ones whose parents will educate them."

Staff writer Mike Jackson contributed to this report.

[TexasStooge]

Substitute charged in sexual misconduct case

Plano ISD: Police say allegations involve 15-year-old girl

By JENNIFER EMILY / The Dallas Morning News

PLANO, Texas - A Plano school district substitute teacher was charged Friday with sexual misconduct involving a 15-year-old girl at Williams High School.

Plano police began investigating Jason Pearce, 31, of Richardson this week after the girl told them he showed her nude photos at school.

He is charged with sexual performance by a child, indecency by conduct and two counts of harmful material to a minor, Plano police spokesman Carl Duke said. One is a second-degree felony and the others are Class A misdemeanors.

Plano school officials fired Mr. Pearce after hearing about the allegations, police said.

Plano schools spokeswoman Nancy Long could not be reached for comment. She previously declined to talk about the allegations against Mr. Pearce and referred questions to police.

Mr. Pearce and his relatives could not be reached for comment.

Mr. Pearce turned himself in to the Collin County sheriff's office on Friday, Officer Duke said. Mr. Pearce is being held at the Collin County Jail in lieu of $80,000 bail.

Plano police declined to further discuss the case.

A conviction on a second-degree felony is punishable by two to 20 years in prison and up to a $20,000 fine. Conviction on a Class A misdemeanor is punishable by up to a year in county jail and a fine of up to $4,000.

It was not known how long or how often Mr. Pearce worked as a substitute teacher. No criminal record for Mr. Pearce was found.

Williams High School has ninth and 10th grades.

[rainstorm]

Substitute charged in sexual misconduct case

Plano ISD: Police say allegations involve 15-year-old girl

By JENNIFER EMILY / The Dallas Morning News

PLANO, Texas - A Plano school district substitute teacher was charged Friday with sexual misconduct involving a 15-year-old girl at Williams High School.

Plano police began investigating Jason Pearce, 31, of Richardson this week after the girl told them he showed her nude photos at school.

He is charged with sexual performance by a child, indecency by conduct and two counts of harmful material to a minor, Plano police spokesman Carl Duke said. One is a second-degree felony and the others are Class A misdemeanors.

Plano school officials fired Mr. Pearce after hearing about the allegations, police said.

Plano schools spokeswoman Nancy Long could not be reached for comment. She previously declined to talk about the allegations against Mr. Pearce and referred questions to police.

Mr. Pearce and his relatives could not be reached for comment.

Mr. Pearce turned himself in to the Collin County sheriff's office on Friday, Officer Duke said. Mr. Pearce is being held at the Collin County Jail in lieu of $80,000 bail.

Plano police declined to further discuss the case.

A conviction on a second-degree felony is punishable by two to 20 years in prison and up to a $20,000 fine. Conviction on a Class A misdemeanor is punishable by up to a year in county jail and a fine of up to $4,000.

It was not known how long or how often Mr. Pearce worked as a substitute teacher. No criminal record for Mr. Pearce was found.

Williams High School has ninth and 10th grades.

sounds serious

[TexasStooge]

Richardson teen shot during fight

By BRAD HAWKINS / WFAA ABC 8

RICHARDSON, Texas - Richardson police arrested a teen Sunday afternoon and charged him with shooting a Berkner High School football player.

Timothy Wayne Fouse, 17, was taken into custody by tactical team members, who also seized a nine-millimeter gun Fouse allegedly fired into a crowd of teens in the Berkner parking lot on Saturday night.

18-year-old Ryan Hammonds was hit in the abdomen and taken to Parkland Memorial Hospital, where he was treated for non-life-threatening injuries.

"I saw them pointing a gun in our direction," Hammonds said. "As I turned to run, I think (on) either the first or second shot I got hit."

The shooting stemmed from an earlier fight at a city-owned skate park in Rowlett. Hammonds said a group of teenagers jumped a friend of his, and both groups left the park after police were called. About three hours later, plans were being made to finish the fight about 10 miles away at Berkner's parking lot in the 1600 block of East Spring Valley Road.

"One of my friends called me and said one of our other friends had almost gotten jumped by some Rowlett guys, and said to meet at Berkner at 9:30 p.m.," Ryan said. "I didn't know what it was about. We were just going to fight."

Shortly after the Rowlett crew pulled up in six or so vehicles, Ryan said, a single punch was thrown; then bullets started flying. Ryan was struck in the abdomen, and rounds also hit the school and at least one vehicle. No one else was wounded, police said.

Jim Ledford, Berkner's head football coach, said he wasn't surprised that the players turned out to defend a friend, as recent graduates and this year's seniors are a tight-knit group. But, he said, the players have been warned against such behavior.

"They've all been told about gathering in groups," he said. "There is nothing good that comes from a crowd like that."

"We had incidents like this before all through my three years," Hammonds said. "My coach always told me ... 'stay away, stay away, stay away' ... and sometimes I would. But I wish I would have stayed away last night."

The Dallas Morning News contributed to this report.

[TexasStooge]

Arlington pastor posts $655,000 bond

ARLINGTON, Texas (WFAA ABC 8) - Arlington pastor Terry Hornbuckle posted a $655,000 bond early Monday morning and was scheduled to be released from the Tarrant County Jail.

Hornbuckle's bond was revoked last week when he failed a drug test.

Hornbuckle, 37, was first arrested in March and charged with sexually assaulting three former church members.

Police said methamphetamines were also found in his car when he was taken into custody.

Hornbuckle leads Agape Christian Fellowship in Arlington, a 2,500-member non-denominational church. He publicly declared his innocence on all charges at a news conference last month.

[TexasStooge]

Texans driving less, blame gas prices

IRVING, Texas (WFAA ABC 8/AP) - A majority of Texans say they are driving less because of sharp increases in gas prices, according to the latest Scripps Howard Texas Poll.

The poll found that 64 percent of 1,000 respondents are driving less, 53 percent are eating out less and 45 percent are going to fewer movies.

The poll was conducted April 14 to May 4 by the Scripps Research Center. It has a margin of error of plus or minus 3 percent.

About 60 percent of Texans say the price of gas has caused financial hardship in their house, up from 42 percent in October, the survey found. Also, 60 percent of respondents think gas prices will increase over the next year.

Gasoline prices surged to an all-time high of $2.18 recently before retreating slightly. Regular unleaded averaged $2.08 in Texas on Friday, up from $1.67 at the beginning of the year, according to Irving, Texas-based AAA.

While 59 percent of respondents said they are considering the purchase of a more fuel-efficient vehicle, only 28 percent had done so by the time the poll was conducted. In the fall, about half the respondents were considering such action, with 29 percent following through

[TexasStooge]

Woman fatally shot on Dallas freeway

DALLAS, Texas (WFAA ABC 8) - Dallas police are investigating the fatal shooting of a woman in East Oak Cliff.

Just after 11 p.m. Saturday, the woman was driving on South R.L. Thornton Freeway at 12th Street when she was shot in the head, investigators said.

The woman, whose identity was not available, managed to drive herself to a gas station on Industrial Avenue where someone called an ambulance.

The victim died later at Baylor University Medical Center.

Homicide detectives would not say that the shooting was a random incident. No arrests have been made.

WFAA-TV photojournalist Bryan Titsworth contributed to this report.

[TexasStooge]

Dallas police decoys play on paranoia

Dallas: Empty cruisers in downtown seem to scare miscreants

By HOLLY YAN / The Dallas Morning News

DALLAS, Texas - Speeders hit the brakes. Passers-by peer in.

Soon they realize no one is inside, but police say the paranoia keeps crime down.

Dallas police have been strategically placing patrol vehicles around downtown as part of a concentrated effort to reduce crime.

"The whole idea is to have the criminal element not sure," said Deputy Chief Brian Harvey.

Lt. Tom Lawrence, who works in the Central Business District, said he believes the decoy cars, along with a variety of other steps, have helped decrease crime downtown in recent months.

Through the end of April, Central Business District crime during business hours was 25 percent below figures for the same period last year, Lt. Lawrence said. Overall crime decreased 12 percent.

Police and experts say there's no way to prove how effective decoy cars are.

But police say the cars that are used have little or no patrol value. Most have at least 120,000 miles on the odometer. One has to be jump-started each time it's moved.

"These are old, beat-up, stripped-down cars," Lt. Lawrence said. "They could be auctioned off for a few bucks, or they could be used as an inexpensive way of deterring crime."

Other cities, such as Arlington and Austin, have placed decoy cars off interstates in an attempt to slow speeders, though Arlington police emphasize that not all police cars parked beside roadways are decoys. These departments don't typically use decoys in downtown areas.

In addition to the decoy vehicles, Dallas police are using "eagle nests" to monitor suspicious activity from the roofs of downtown buildings.

"We have good relationships with building owners here," Lt. Lawrence said. "Sometimes we get on the roof, sometimes we're all over."

Other deterrents include strategically placed observation towers with tinted windows to keep people on the street from knowing whether they're occupied.

And even if no one's inside a decoy car or a tower, that doesn't mean criminals should feel comfortable. Decoy cars are frequently moved and are checked up on several times a day, so an officer could be just around the corner.

"There are normal people who might know they are decoys," Lt. Lawrence said. "But that's not who we're targeting. We're targeting people who come downtown, strolling around looking for victims."

Some downtown visitors say the decoy vehicles are helpful, even if they aren't fooling anyone.

"I think it's kind of silly, to be honest," said Austin Myles, who was passing through Dallas during a trip from Los Angeles to Atlanta. "I can see there's no one inside from a block away. But it looks like there's more of a police presence, and that's important in a downtown urban area. It makes people feel safer."

Alex del Carmen, associate professor of criminology at the University of Texas at Arlington, said just the presence of police equipment can keep would-be criminals on their best behavior. "That's part of human nature," he said.

The most recent big effort to use the cars lasted several months and ended last week, but they'll be back.

"Criminals don't stay static," Lt. Lawrence said, "so we don't, either."

[TexasStooge]

'Other 121' gets busier

Collin County: More lanes sought on stretch of road east of U.S. 75

By ED HOUSEWRIGHT / The Dallas Morning News

McKINNEY, Texas - Mention State Highway 121 to most people in Collin County, and one road comes to mind.

That's the increasingly congested thoroughfare that goes from Frisco in far western Collin County east to Central Expressway in McKinney. The debate over imposing tolls on the 12-mile section has intensified in recent months.

But there's another, longer stretch of Highway 121 east of U.S. Highway 75 that has a much different character and far less traffic – at the moment, anyway.

"I always like to remind folks that we have two 121s," said County Commissioner Joe Jaynes, who represents areas along both parts of the highway.

People who live in the boomtown of Melissa certainly know about the eastern stretch of roadway, officially called State Highway 121 North. Traffic along Melissa's highway frontage can be bumper to bumper.

"Without question, it has inhibited our ability to attract retail," said Melissa Mayor David Dorman. "Businesses need to be able to say, 'Hey, our customer can get there.' It's costing us economic development."

The Texas Department of Transportation has taken notice of the growing congestion along "the other 121," as Mr. Jaynes calls it. The opening of a 450-acre regional landfill near Melissa in August has increased truck traffic.

"We're pushing the limits of a two-lane roadway," said Kelly Selman, Collin County area engineer for the Transportation Department. "The problem is, there are so many projects that need to be done."

Mr. Dorman said he's frustrated that the state won't commit funds soon to improve State Highway 121 east of Central.

"Everybody is so vague about funding," the mayor said. "They just say, 'It's not there, it's not there, it's not there.' The growth isn't going to stop."

Anna, another town that's experiencing unprecedented growth, also touches the eastern part of Highway 121. With voters dissolving Westminster on May 7, Anna and Melissa are the only incorporated towns along the 15-mile stretch of highway, which extends to the northeast corner of Collin County. Along the way, motorists see plenty of open fields and generations-old trees.

Contrast that scene with the western leg of Highway 121, which cuts through Collin County's largest towns: Allen, Frisco, McKinney and Plano. Drivers hit one busy intersection after another – Custer, Coit, Preston and Legacy. The stretch includes the giant Stonebriar Centre mall in Frisco and one major retailer and restaurant after another: Wal-Mart, Home Depot, McDonald's, On The Border.

Along eastern Highway 121, by contrast, stores are few and include Sugar Babe's Donut Shop and Kim's Korner gas station, convenience store and fudge factory ("family owned since 1983").

One business owner who has been in the Melissa area for almost 20 years said growth is a hot topic among locals.

"Some of the old-timers don't want to see the small town go away," said the man, who asked that his name not be used. "Then you have other people who want to see the area burst. In a small town, you have small-town politics.

"I would rather just stay neutral. It's a good business decision."

He added that something needs to be done to the highway as the area grows.

Mr. Jaynes agrees.

"Everyone has seen how much growth has taken place on the road in a relatively short period of time," he said. "We need to start thinking ahead and planning ahead."

In recent months, Mr. Jaynes has met with officials from Anna, Melissa, the Transportation Department and neighboring Fannin County about improvements to that stretch.

Mr. Selman of the Transportation Department said he expects it to eventually grow to a six-lane divided highway, similar to U.S. Highway 380 in McKinney. Highway 121 east of Central was built as a two-lane road in the early 1960s, he said.

"If we start planning now, it could be within 10 years," Mr. Selman said of the expansion. "I think we're going to need it."

[TexasStooge]

CPS inquiry, resignations prompt rumors in Merkel

Town left to speculate on what led to coaches' resignations in Merkel

By JEFF MILLER and DIANE JENNINGS / The Dallas Morning News

MERKEL, Texas – This small West Texas town usually gauges success based on the play of its high school basketball teams, sources of community pride for years.

The boys and girls teams both reached the playoffs this year. Even so, this has been a year Merkel would like to forget.

Since August, the Merkel Independent School District has been at the center of a Child Protective Services investigation that officials say involves as many as 200 witness interviews.

Dozens of female Merkel High students – mostly athletes – were whisked out of class on the first day after Christmas break to be interviewed by CPS and Taylor County Sheriff's Department officials in Abilene, 17 miles away.

In February, Superintendent Bill Hood sent notification letters to the State Board for Educator Certification that four Merkel ISD coaches – including the high school's boys and girls head basketball coaches – were under CPS investigation. None of the four will be back in the same position next school year.

"Information communicated to me by CPS leads me to suspect the certified educator may have engaged in child abuse or neglect," Mr. Hood wrote in each letter.

Months later, officials are saying almost nothing else about the case, leaving townspeople frustrated and consumed by rumors that seem to carry with the Big Country wind. Fans of Merkel's district rivals have taunted the Badgers with crude jeers.

"This reputation will see me dead and buried," said Steve Campbell, a Merkel City Council member. "I don't think it will ruin us, that we'll never survive, but when Merkel's name comes up, it will be associated with this for a long time."

Mr. Hood told The Dallas Morning News that CPS investigated allegations involving teachers and female students, including some accusations that were a decade old.

Boys basketball coach and athletic director Jeff Faubion and middle school coach Dustin Lewis, who also worked with the high school softball team, resigned in mid-March, before the CPS report was presented to the district.

Mr. Faubion was quoted by the Abilene Reporter-News then as saying the investigation and related rumors contributed to his decision. In 15 seasons under Mr. Faubion, Merkel went to the playoffs 13 times and won six district titles.

Tim Cope, an assistant football coach and freshman boys basketball coach, was placed on administrative leave for unspecified reasons in February, before Mr. Hood's letters to the state board. The Merkel school board proposed last month to terminate his contract at the end of the school year.

Shawn Bullock, girls basketball coach for nine seasons, requested a reassignment in mid-April and told the Reporter-News that the town and the high school probably needed a fresh start. His teams went to the playoffs eight times.

None of the coaches has been charged with any crime. Taylor County District Attorney James Eidson said he plans to take investigation results to a grand jury next week, however.

Mr. Faubion told The News that any allegations against him are unfounded. He wouldn't comment further. Mr. Bullock and Mr. Cope also declined to comment. Mr. Lewis moved from Merkel recently, according to Mr. Hood. He couldn't be reached.

A CPS report sent to the district last month is confidential; an investigation by the State Board for Educator Certification continues.

Changing district

Merkel, called the "Windmill City," is a modest grid of streets bisected across the middle by the old Texas and Pacific Railway.

In the mid-1950s, Merkel was a bustling little farm town, dotted with auto dealerships, farm implement retailers, dry goods stores and a handful of churches. Folks were so conservative that the high school used to host a junior-senior banquet instead of a prom to avoid the sticky issue of dancing.

The population stagnated moving into the '70s, and eventually the school district merged with Tye, a small community sandwiched between Merkel and Abilene that is home to Dyess Air Force Base.

Some longtime residents say the merger and economic shifts changed their schools. Students from military families came and went. When local farmers struggled economically, more residents commuted to jobs in Abilene.

Today, downtown Merkel has blocks of shuttered stores amid a handful of surviving businesses. In stark contrast, the high school basketball teams play in a $1 million gym featuring 1,000 stadium-style seats and share a separate practice facility.

Mr. Faubion became Merkel's boys basketball coach in 1990 and immediately took the Badgers to the playoffs. A year later, Merkel advanced to within one game of the state tournament. He was rewarded in 1993 with the additional title of athletic director.

The girls team began to be mentioned in the same breath soon after the arrival of Mr. Bullock in 1996. He twice took the Lady Badgers to the regional quarterfinals.

Some Merkel High students who excelled academically but weren't involved in sports express frustration at the attention given to athletes.

"I watched our basketball playoffs this year," said recent graduate Jared De Martini, a student at Cisco Junior College, who recently lost a race for the school board. "But I went to academic state and nobody cared."

The accusations

According to MISD documents obtained by The News, the school district investigated allegations of inappropriate relationships involving a female student and several coaches in the spring of 2003. The district looked into another allegation against a different coach the following fall. Both investigations concluded the girls were lying, according to the documents.

Mr. Hood joined the district in the fall of 2003 and was involved only in the second investigation.

If anyone had come forward to the administration or the school board since then, Mr. Hood said, "I guarantee there'd be action taken that day."

But all the recent complaints were directed to CPS, he said.

The CPS investigation started last August after several calls to the agency hotline, shortly after the district conducted a seminar on sexual harassment.

In January, a half-dozen CPS workers and various law officials descended on Merkel High. No one in the school district was alerted beforehand so students could not compare notes or be intimidated.

While a uniformed officer stood outside, a CPS worker asked Mr. Hood to pull a couple dozen female students from class. Multiple groups of students, including Mr. Hood's freshman daughter, were driven to the CPS headquarters in Abilene. Some called their parents on the way, while other parents found out from CPS workers.

Taylor County Sheriff's Department Detective Craig Griffis said one father complained that the mass interviews were conducted just before the beginning of district basketball play and could hurt the girls' playoff chances.

He is not the only resident to complain. In fact, some townsfolk say the allegations are a problem but the controversy is being fanned by those who don't like coaching philosophies at Merkel.

Tough times

The district's reputation has been disturbing enough to contribute to the departure of at least one other Merkel coach.

David Flowers was in his fourth year as Merkel's head football coach when he guided the 2003 Badgers to their first playoff appearance in 40 years. Yet he was gone by the following spring, electing to start a new program in his native Panhandle.

Mr. Flowers said starting a team from scratch at new Bushland High School near Amarillo was an opportunity he couldn't pass up. But, he added, the rumors among his state peers about other coaches at Merkel was a factor.

"It was getting to be an embarrassment," Mr. Flowers said. "Do you want to leave whenever things like that start happening before you get some of it on you?"

Meanwhile, the district and the town are trying to move on. A new athletic director has been named, and new coaches are being hired. And this month, two new members were elected to the school board.

The annual year-end athletic banquet was last Monday night at the school cafetorium. Mr. Bullock was the only one of the four coaches investigated by CPS to attend.

"He gave his little speech, walked right off the stage and right out the door," Mr. Shugart said. "But I was proud of him for doing it."

Teresa Shelby, mother of a girls basketball player, spoke on behalf of Mr. Bullock at a recent board meeting. She doesn't know the other coaches, she said later, but, "At this point, nothing has been proven. We're basing our opinion on a bunch of rumors. And if you've lived in a Merkel, it is a small town and news travels very fast.

"By the time it gets to that 50th person in town, I'm sure it's escalated."

[TexasStooge]

Case resolved, but system isn't

Two slayings, two different verdicts -- and many calls for reform

By MICHAEL GRANBERRY / The Dallas Morning News

BEAUMONT, Texas – He would sit for hours, year after year, holding her, cradling her, rocking her, singing songs to her, telling her he loved her.

He was the one who gave her comfort after her seizures.

He was the one who spoon-fed her.

"For much of her life," says their mother, Urestine Pierott, "Kenneth was a better mother to Stephanie Jean than I was."

Which makes what happened all the more difficult to fathom. On Dec. 8, 1996, Kenneth Pierott took a barbell and repeatedly bashed his sister's skull, killing the 25-year-old cerebral palsy victim who had come to see him as not just a brother but a lifeline.

He told police she was the devil, an "evil spirit" God had commanded him to kill. Soon after the slaying and for years afterward, Mr. Pierott would ask his mother, "Where is Stephanie, Mama? And when is she coming home?"

After prosecutors agreed that Mr. Pierott was legally insane – doctors diagnosed schizophrenia and paranoia – a judge found him not guilty by reason of insanity and sent him to a state mental institution for treatment. A little less than four months later, he was home, having been handed the following sentence: "You are encouraged to continue taking medication as prescribed.

He did, but only for a short period. Seven years later, in April 2004, Mr. Pierott wrapped the head of his girlfriend's son in a pillow, forced him into an oven and turned the burner to 600 degrees. The pilot light was out, so the burner never ignited. Instead, the boy, 6-year-old Trey-Devin Odoms, died of asphyxiation.

Last week, Mr. Pierott, 28, went on trial in the boy's death. This time, the state aggressively prosecuted him despite continued evidence of his mental instability. The jury took less than four hours to find him guilty. On Friday, he was sentenced to 60 years in state prison, where experts say he is unlikely to receive adequate mental health care.

Having killed twice, Mr. Pierott is Exhibit A for those who believe that Texas needs to rethink how it handles criminal cases in which the defendant is mentally ill. Many prosecutors and other state officials want a new law, similar to what several states have, allowing juries to find defendants guilty and insane.

"Our current laws in how we deal with the criminally insane have failed," Texas Attorney General Greg Abbott said last year, pointing to Mr. Pierott. "A life was needlessly lost because of the way our system works – or perhaps didn't work. ... The public is justifiably suspect about a system that allows an insane killer to go free."

Even the judge who presided over Mr. Pierott's trial thinks the system needs to be changed. When The Dallas Morning News requested permission to view Mr. Pierott's file a few months ago, Jefferson County Judge Layne Walker told a reporter, "I hope y'all write a story that points up the need for a change. We need a new category for these people, which is guilty but insane. For me, really, there's no other way."

As horrifying as Trey-Devin's killing is, it is rare for someone found not guilty by reason of insanity to kill again, says Dr. William H. Reid, former president of the American Academy of Psychiatry and Law. Insanity defenses are used in less than one percent of all criminal cases nationally – and are even less common in Texas, where they rarely succeed, experts say.

The State Senate Jurisprudence Committee agreed that the Pierott case demonstrated that Texas' criminal insanity statute needs reform, although it rejected legislation that would have created a new guilty but insane verdict. Instead the full state Senate recently passed legislation that would give judges more authority to require continued medical treatment once someone is discharged from a state hospital. It would allow a judge to order someone returned to confinement if he refuses medication or other treatment.

"Unfortunately, they're hanging their hats on ... this case," says Mr. Pierott's attorney, Raquel Galle, who declined to allow her client to be interviewed.

She contends that state officials failed to adequately supervise Mr. Pierott and should acknowledge the "breakdowns in the system" that long foreshadowed a second tragedy.

"People ask me all the time, 'How can you claim insanity twice?' " she says. "And my response is, mental illness is not a cold. You don't catch it and it goes away. People like Kenneth have to remain on medication forever and simply cannot go unsupervised. There is no other way."

•

To understand Kenneth Pierott's beginnings, one must first understand his mother's. Urestine Jones was born in Silsbee, Texas, 21 miles from Beaumont. Her mother was a homemaker who had quit school at 11 to take care of her mother, who was blind. Urestine was one of five children and often felt "as though childhood were taken away from me."

At 25, she married Kenneth Pierott Sr., hoping for a better life, "a man who would take care of me and the children."

She gave birth to three children between 1971 and 1976, despite the fact that her husband rarely shared her home. After 13 years, the marriage ended.

"He just never did stay with us," Ms. Pierott says sadly, "so I was the head of a one-parent family." She worked at Whataburger and Dollar General, even during her pregnancy with Stephanie, who was born in 1971 and whose problems were not immediately obvious.

"Every time I would take her to the doctor for a checkup," says Ms. Pierott, "he would say, 'Ma'am, you've got yourself one healthy child.' " But soon after her first birthday, Stephanie still wasn't walking or saying any word other than "eat." By the time she was 2, her condition was diagnosed as cerebral palsy and mental retardation. She couldn't walk or talk or feed herself and was bedridden most of the day.

When Stephanie was 3, Ms. Pierott learned she was pregnant again, this time with Daniel, born in August 1974. After Stephanie turned 5, her mother conceived Kenneth Pierott Jr. He was born in May 1976.

Long before Kenneth was born, Ms. Pierott says she was the victim of "devastating" emotional problems, mostly depression and anxiety. She says her condition was so severe that doctors prescribed three daytime and two nighttime doses of Librium – which she continued to take throughout her pregnancy with Kenneth.

Ms. Pierott says she never informed the doctors who prescribed Librium that she was pregnant and, nearing delivery, failed to tell her obstetrician at the local free clinic that she had been taking anything, much less a rigorous anti-anxiety agent. "They never asked," she says, noting that she also failed to disclose the use of Librium on any prenatal questionnaire. Doctors today warn against taking Librium during pregnancy, citing birth defects as a possible outcome.

Kenneth's birth along with the needs of a retarded child with cerebral palsy and a bouncy 2-year-old only worsened the single mother's depression. Panic attacks became a regular occurrence, she says, so much so that "I would run screaming out the door. Kenneth would say, 'Mama, where you goin'?' And I would say, 'I'm runnin' out the door to get away from here!' Kenneth was the one who helped me with Stephanie. Without him, I don't know what I would have done. Believe me, much of the burden was laid on him."

Her depression took its toll on the sensitive Kenneth.

He suffered frequently from nosebleeds, she says, and as a 7-year-old, "was convinced he was having a heart attack. He took a whole bottle of aspirin, just trying to feel better. So we took him to the hospital and they pumped his stomach." Kenneth, she says, "had a special touch when it came to calming Stephanie after her seizures. People would say, 'God must have thought you were a special family to give you such a special child.' And that was Kenneth. He was so special."

Adolescence, however, revealed Kenneth's own deteriorating condition. He struggled so much in school, he had to repeat the ninth grade three times, before dropping out at 18.

He also began using marijuana, alcohol and "fry" – marijuana soaked in embalming fluid – "somewhere between 1992 and 1994," or during his latter teenage years. "His use quickly escalated to a daily activity," his psychiatric case file says, "during which he typically drank to intoxication and smoked marijuana frequently."

•

His mother began to realize that all three of her children faced serious difficulties, with Kenneth – "the one I felt I could count on emotionally" – beginning to warrant as much concern as the other two. "[Kenneth] never did want to go anywhere or do anything like normal teenagers," she says. "He didn't have no girlfriend or nothing. He would just stay in his room, spending most of his time with Stephanie Jean. There were days when he would take care of her all day and all night."

She begins to weep at the memory. "He could never hold no job," she says, crying, then laughing, as though trying to stop the crying.

"He never did get into no trouble with the police," she says. "But when he was 17, he was arrested for the first time."

"He stole some cigarettes from Market Basket," she says. To complicate matters, street toughs in Beaumont's South Park began to take notice of a kid with weaknesses and "started whuppin' on him pretty good," his mom says.

From the time he was 17 until he was 20 – when he bludgeoned Stephanie – "he was beaten up over and over," his mother says. So at 19, she sent him to Baytown for a year to live with her sister, who returned him to Beaumont shortly before Stephanie's death.

Being back home only seemed to exacerbate Kenneth's condition. His mother remembers a night when they were watching religious programming on television. "And when the Reverend T.D. Jakes came on," she says, "Kenneth threw a glass of ice water at the screen." Frightened, she telephoned friends, who urged her "to sleep with one eye open."

The next morning, a Sunday, she awoke to her son proclaiming "that he was Jesus. He said, 'Mama, come with me to tell the world the savior has come!'

"He was buck naked," she says. "I said, 'Kenneth, do you know you're naked?' And he made a sound like an animal, kind of a grunting noise."

Something told her to flee, so "I ran behind the house, so Kenneth couldn't see me." She stopped at a neighbor's home, screaming, "Please let me use your phone! It's a matter of life and death!" By then, Kenneth was running from door to door, screaming in the face of one man, "The savior is coming! The savior is coming!" Ms. Pierott says the neighbor responded by striking him in the face with a baseball bat.

A wild, agitated, bleeding Kenneth returned to the family apartment, where Stephanie was waiting, alone.

"He killed her with a barbell, but she was already bones," says Ms. Pierott, whose world "ended at that point. I could never go back to that place no more. Kenneth kept saying, 'Mama, they say I'm in here for murder, that I killed Stephanie. Stephanie all right, isn't she?' I say, 'Yeah, baby, she's all right.' "

Mr. Pierott later told a psychiatric examiner that he had long heard voices, "things that others do not hear, received special messages from radio and television, thought that others could plant ideas in his mind," the doctor wrote in one of many reports contained in Mr. Pierott's case file.

"Computers type in my thoughts," he told the doctor, "wake me up out of my sleep, wake up in their dream out of my dream while they were still awake."

He believed he possessed special powers: "Power to live in my dreams, power to tell the future before it happened, power to change the whole world into the Kingdom of God."

•

He remained in the Jefferson County Jail from December 1996 until July 8, 1998, when he reported to the North Texas State Hospital in Vernon – a maximum-care facility for the state's insane. There, doctors began prescribing heavy doses of Risperdal, an antipsychotic medication, and Cogentin, "used to treat side effects from psychiatric medications," according to Mr. Pierott's case file. His mother says her son began gaining weight "and acting like a zoned-out zombie," with one refreshing side effect: "He no longer appeared to be crazy."

His doctors agreed. In August 1998, he was transferred to the Rusk State Hospital, a less restrictive facility than Vernon. Two months later, in October 1998, his doctors there concluded he was ready to be released. "There is no sign of regression and no indication of psychosis," a Rusk doctor noted. "He is in no emotional distress, calm, pleasant, and polite."

Soon after, a Jefferson County judge ordered Mr. Pierott's release with the stipulation that he report to the county's mental health authority and continue his treatment. The county authorities were supposed to maintain control over Mr. Pierott to ensure that he continued taking his medications.

According to his mother, the county's supervision was lax. Whether or not he took his medication, she says, "was totally up to him."

"At first, he was fine," his mother says, "as long as he was staying on his medication." She contends that the local mental health authorities told her "they would be following up every week – which they did not do."

Sally Walden, director of network services at Spindletop Mental Health Mental Retardation in Beaumont, disputes that. Confidentiality laws limit what she can say, but she noted, "Once somebody is well enough – there are no signs or symptoms of distress – then we work in conjunction with the person's probation or parole officer and make a discharge plan, and that's exactly how things happened in this case. It was a joint decision."

It is not disputed that in 2002, Mr. Pierott failed to keep "several" of his recommended psychiatric appointments, according to a psychiatrist's report. The report notes: "He was seen on a few additional occasions by [Beaumont's Spindletop Mental Health Mental Retardation] extending into mid-2003, at which time he was discharged from their care, because he apparently no longer met their priority population guidelines. He has reported that he was referred to a private psychiatrist, but stated 'I never got around to it.' He stopped taking medications after his supply was exhausted, and by this point, he certainly had returned to regular use of alcohol and marijuana."

There were other clues that he was back in trouble: an arrest for marijuana possession, another for passing a forged check, two assault charges and a charge of criminal trespass.

Despite the mounting problems, at some point after his release Mr. Pierott "was no longer under any official supervision," his attorney, Ms. Galle says. "His mother helped, his girlfriend helped, but neither was required to do so. No one was required to supervise this man, and to me, that's just crazy."

•

Soon after he came home from the state hospitals, Mr. Pierott struck up a friendship with a young woman named Kathy J. Odoms, the single mother of a boy named Trey-Devin. Their friendship became sexual, and soon, Kenneth Pierott and Kathy Odoms were living together, talking of having their own children. And eventually, they did.

Around 7 a.m. on April 16, 2004, Daniel Pierott says a panicked Kathy Odoms called him, telling him she had awakened to a missing car and a missing child. She surmised that Kenneth had stolen her vehicle "and taken my Trey-Devin with him."

"That didn't sound right," Daniel says. "Because Kenneth doesn't really drive. So I knew something was wrong. And then as I was fixin' to leave, there he was, pullin' up in the driveway."

Kathy had told Daniel that her house reeked of gas, so he thought to "run back in and call her and ask her to check the oven. But by that time, she had already found the boy. She was screaming, 'He killed my baby, he killed my baby!' I didn't know what to do. I really didn't know what to do ... so I drove to my father's house in Houston, where we had Kenneth turn himself in."

On the drive to Houston, he says Kenneth told him that he had smothered Trey-Devin with a pillow, then stuck him in the oven, because, in his words, "I could see Trey-Devin's soul walking around the room. I wanted the gas to burn his soul."

The other child in the home – 3-year-old Jacory Stefan Pierott, the son of Ms. Odoms and Mr. Pierott – was found unharmed. Mr. Pierott later told police that he killed Trey-Devin because he was sucking the air out of Jacory and had to get rid of him.

Ms. Odoms told reporters that she was pleased that Mr. Pierott had been found guilty. After Trey-Devin's death, local authorities raised the issue of Jacory's custody, and Ms. Odoms voluntarily agreed to let him live with her parents, with whom he remains.

As for Ms. Pierott, she says all a mother can do is stand by her son, who, "not in his right mind," snuffed out the lives of two people.

"When there's a wake-up call," she says, "society thinks it's a wake-up call only for the family to whom it happens. They're not asking, 'Did we as a society fail to do the right thing?' Instead, they're willing to say, 'Hey, he did this. Let him suffer for it. Let his family suffer for it.'

"If a person is diagnosed as psychotic or schizophrenic, then I feel like you should never have let him out to hurt somebody else. I feel like they're sending out a bad message when they say, 'We let this boy slip through the cracks, but we're looking for somebody else to clean up the mess.' "

[TexasStooge]

At Army plant, 'the fight just begins'

By APRIL KINSER / TXCN.com

NEW BOSTON, Texas – Hours after hearing that the government wants to close the Red River Army Depot and nearby ammunition plant, Bowie County officials vowed Friday to “fight like hell” to save the military installations.

At a news conference at the Bowie County courthouse, County Judge James Carlow acknowledged that the news “caught me completely off guard.”

“None of us saw this coming,” he said. “We thought there could be some realignment, but not closure.”

For months, residents have been anxiously waiting to find out if the Northeast Texas installation devoted to refurbishing and repairing military vehicles would be recommended for closure or realignment.

In addition to tagging Red River and the Lone Star Army Ammunition Plant near Texarkana, the Pentagon on Friday recommended closing 15 military installations in Texas. They are among 150 on the Pentagon’s list.

The streamlining is expected to save $48.8 billion over 20 years and help improve military readiness.

The Base Realignment and Closure Commission will review the Pentagon's list and send its recommendations to President Bush, who must issue a list to Congress by Sept. 23. Congress has 45 days to reject it before it becomes official.

Texarkana officials and residents had tried to keep the depot and surrounding facilities off the list, highlighting their value to the military.

Many workers at Red River rebuild or repair vehicles damaged overseas. It's the only place in the country that makes rubber tank tracks and wheels for other military vehicles. And recently, the depot has worked to meet demands for armor-plated kits for Humvees in Iraq.

But the deepest concern is the loss of a huge economic engine – one official put it at $400 million a year – and of the place that has employed thousands of people for several generations.

Built in 1941, the depot has served the Army from World War II to the current war in Iraq. Its motto: “Our best, nothing less.”

About 4,400 people, mostly civilians, work at the depot and its surrounding complex. The city of about 61,000 people straddling the Texas-Arkansas border counts the defense complex as a primary employer, while much of the area’s private industry is geared toward supporting it.

After shaking off the shock of Friday’s news, Carlow and other officials promised to mount a campaign similar to the $400,000 endeavor that saved the military facilities 10 years ago. They described a grass-roots effort at plastering the area with signs, printing T-shirts and raising money.

“From this point forward, our efforts will be to convince the BRAC commissioners to keep these facilities operational,” Carlow said. “We must remain vigilant in our efforts to continue to protect the jobs of our friends and our neighbors who help keep our soldiers safe in the field.”

Carlow put the likelihood of getting off the list at 15 percent.

“We’ve got about 3½ months,” he said, “and we’re going to fight like hell.”

Texarkana, Ark., Mayor Horace Shipp said he could not let his anger get in the way of the work ahead.

“We can’t let those emotions rule us in these 3 ½ months, or we lose. We have to get a game plan together. I know we can do it,” he said. “I don’t care what the odds are. We beat them in ’95 and we’ll do it again.”

Carlow said he had contacted Texas Sens. Kay Bailey Hutchison and John Cornyn, and U.S. Rep. Ralph Hall, R-Rockwall, whose district includes the depot and ammunition plant, among others.

Hall said he thought shutting down the Northeast Texas installations was a mistake.

"We're at war and fighting a terrorist that hates us and both those facilities have been the difference in wars in the past and will be the difference in wars of future," Hall said. "We are going to look into it and we have to take them on."

Red River employees also said they hoped to fight the recommendation.

“The BRAC process does not end with this announcement. Red River will remain focused to our purpose and those we serve,” Cmdr. Michael B. Cervone said.

“We can’t stop now. The fight just begins,” said a tearful Scott Cain, a 24-year depot employee and vice president of the National Federation of Federal Employees, the largest union on the base. “We’ve been through this before and we’ll get through it again.”

Still, Tom Markham, president of the Association of Defense Communities, an organization supporting communities with military installations, said cities like Texarkana should not waste time trying to fight the decision, but to plan for redevelopment.

“Very few facilities have been able to talk themselves off the list,” Markham said. “We understand why they would want to fight it, but once you’re on the list, you can’t sit back and do nothing. You have no choice but to start planning.”

Markham said the association would hold conferences to teach community officials about moving forward and making the best economic decisions for vacant properties.

Friday afternoon, at the Baker’s Old Tyme Barbershop in nearby Hooks, Larry Dean was waiting for a haircut. The 31-year-old, who has been a mechanic at the depot for 4½ years, said he was optimistic that another industry would take over to absorb the work force.

“Just because it closes down, doesn’t mean you can’t find a job,” he said. “If a man wants to work, he can find a job. We were doing something before we got to Red River.”

Meanwhile, though, other area residents couldn’t help but be concerned.

In the working-class town of New Boston, about 22 miles west of Texarkana, most residents either work at or are retired from the depot.

Shirley Mitchell, who has lived in or around New Boston for 40 years, owns the popular Nana’s Family Diner. Mitchell’s husband, now retired, was a depot supervisor for 25 years; her son-in-law and several grandchildren also work there.

“Without that base, New Boston would be nothing,” Mitchell said before the announcement was made. “I just can’t imagine it not being here. It just devastates me thinking about it.”

John Cauthron, a 61-year-old employee at Lafferty’s appliance store, worked briefly at the depot in the 1960s as a quality control inspector. He had been checking online every day for news about Red River’s fate.

“There’s the financial impact you have to deal with, but then there’s also the human impact,” Cauthron said. “When the depot downsized a few years back, it devastated smaller towns around here. A lot of those people are such a part of the community.”

The Associated Press contributed to this report.

[TexasStooge]

Should city help with Las Colinas district's debt?

Irving: Some say bailout would lower tax rate, boost development

By ERIC AASEN / The Dallas Morning News

IRVING, Texas – With prominent corporations like Exxon Mobil, and with a tax base of at least $4 billion, Las Colinas is treasured land in Irving.

But getting Las Colinas off the ground required millions of dollars so crews could move dirt and build infrastructure.

Enter DCURD, the Dallas County Utility and Reclamation District, which was created to build parts of Las Colinas. The district is full of office towers, businesses, apartment complexes and hotels.

As a result, DCURD accumulated debt, which has blossomed to at least $300 million. As a result, the district's tax rate has soared to $2.32 per $100 of assessed valuation. Meanwhile, in other parts of Irving, the city property tax rate is less than 55 cents.

The high tax rate has stifled development, district officials say. About 25 percent of the district's office tower space is vacant, and about a third of the land is empty.

And now DCURD is looking to the city for help.

Some in DCURD want Irving's elected officials to relieve the district of some – or all – of the debt. But others in Irving, including Mayor Joe Putnam, oppose the idea, saying relief would amount to a bailout.

What's at stake, some say, is the future of development in the city.

A healthier DCURD will lead to a wealthier Irving, supporters of a bailout say. If the debt were erased, they say, the district tax rate would plummet and valuations would skyrocket. They say that would lure companies and developers to the district, which could lead to lower taxes for residents.

But others say DCURD will bounce back once the economy recovers. The debt is under control, they say, and the district will be fine without city involvement.

Irving officials haven't paid the costs of developing the area, says James Widener, a member of the district's board of directors. But the city has reaped the benefits from the district's tax base of about $1.2 billion, or about 10 percent of Irving's tax base.

"The city should step up to the plate and take responsibility," he said. "It is a city problem."

But Irving has already invested millions of dollars in the district, Mr. Putnam said.

"We've done everything we can do or should do," he said. "It's there, and it's something they'll have to deal with."

Mr. Putnam, who didn't make a runoff in the mayor's race this year, has long been opposed to city involvement in the DCURD debt. In a 1998 interview, he said using city funds to pay down the district's debt was an "improper use of public funds." The two candidates in the runoff haven't taken Mr. Putnam's hard-line stance.

Mayor's stance

The mayor says the city has made plenty of significant investments in the district.

"They're just forgetting their history," Mr. Putnam says.

The city created a tax-increment financing district to help boost development in DCURD. The city has also invested in district streets and sewer lines, Mr. Putnam said. In addition, there's a fire and police station within district boundaries.

While the debate continues, apartments and lofts are under construction in DCURD. But office towers aren't being built, Mr. Widener says, and those are needed to expand the tax base. Mr. Putnam says that office towers aren't being built throughout the area because of the economy.

The mayor points to potential for growth from a possible convention center and a planned DART rail line.

The city shouldn't bet on it, says Charles Cotten, a senior vice president for Cousins Properties, which manages DCURD properties. Only areas closest to the rail lines will benefit from DART, he said.

City officials "need to make a serious investment to solve the issue," Mr. Cotten says.

City Council member Rick Stopfer is willing to help DCURD but doesn't want Irving to absorb the debt.

"I don't think the city should just write a check for $300 million," he said. "It's got to be a partnership."

But he added: "I don't look at this as the worst problem in the world and all hell's going to break loose if we don't fix it."

Both mayoral candidates, Herbert Gears and Marvin Randle, say that the city should play some role in addressing the DCURD debt. But they oppose raising taxes for residents to make that happen.

Mr. Gears says the city has a "responsibility to get involved in what it is that's choking development in Las Colinas."

Mr. Randle said he's "interested in working with them to solve the problem without burdening the taxpayer."

Whatever the city decides to do, the clock is ticking.

The city probably has a couple of years to decide whether to get involved so it can take advantage of low interest rates, said David Leininger, the city's chief financial officer. And as more taxpayers join the district, he says, getting a majority to agree to a plan may get tough.

Another option

Besides the city giving DCURD money to pay off its debt, there is another option on the table.

Some want to transfer the DCURD debt to a new district, called a public improvement district, or PID.

In a PID, the tax rate is locked in, preventing additional tax increases. Currently, there's no cap, Mr. Leininger says. Also, in a PID, taxpayers would be responsible for paying only a defined share of the debt.

A PID is "probably required" if the city wants to encourage office tower development in DCURD, Mr. Leininger said. But DCURD members may not want to enter into a PID until there are more members to share the debt burden, he says.

Mr. Cotten, the Cousins Properties official, says that allocating the debt could be difficult, considering the diverse group of land and property owners.

Mr. Putnam says a PID wouldn't work because it would create winners and losers. A PID, he says, is "just another tax. More taxes are not the answer."

Even if there's no city involvement in DCURD's debt, the district isn't at risk of defaulting on its bonds, said Jacky Knox, the district's general manager. DCURD, which is governed by a board of directors, also employs staff members, including a general manager and chief financial officer, who oversee district operations.

But if the debt isn't erased, Mr. Knox says, the empty land will be consumed by apartments and homes, which won't boost the tax base like office towers would.

Mr. Cotten says city involvement in the debt should occur soon so that the district, and the city, can take advantage of an economic rebound.

"It's a function of whether or not the city wants to see economic development in Las Colinas," he said. "How urgent is it?"

Mr. Putnam says intervention isn't necessary. Just give it some time, he says.

"When the commercial office market turns around," he says, "you'll see DCURD end up in pretty good shape."
-------------------------------------------------------------------------------------
History: DCURD, the Dallas County Utility and Reclamation District, was created to construct and operate infrastructure within Las Colinas in north Irving funded by municipal bonds. Today, it faces at least $300 million in debt. The district was created by a 1983 special act of the Texas Legislature. DCURD is the successor to Dallas County Municipal Utility District No. 1, which was created in 1972 by the Texas Water Commission, now known as the Texas Commission on Environmental Quality.

Location: About 3,600 acres throughout north Irving

Functions: DCURD oversees flood control and drainage, land reclamation, streets and roads, lake management within the district, and electrical energy aggregation for its constituents, among other things.

DCURD's valuation: About $1.2 billion

Tax rate: $2.32 per $100 of assessed valuation. Taxes pay the DCURD debt and operating expenses.

Certain properties developed since 1996 receive an abatement granted by DCURD that reduces their assessed valuation by up to 83 percent. Currently, abatement contracts have 20-year terms.

Approximate debt amount: $300-325 million

Notable companies doing business in DCURD: AAA Texas, Verizon, Target, Neiman Marcus, Citigroup, Northwestern Mutual Life.

History of Las Colinas: Founded in September 1973 by businessman Ben Carpenter. A master-planned business and residential community in Irving, Las Colinas is home to numerous prominent companies, including Exxon Mobil and Kimberly-Clark. The property was originally the Carpenter family's ranch. Also referred to as El Ranchito de Las Colinas or the Little Ranch of the Hills.

Sources: DCURD, city of Irving, Las Colinas Association Web site

[TexasStooge]

Arts patrons encouraged to speak up

Irving: Residents asked to fill out survey on center's services

By ERIC AASEN / The Dallas Morning News

IRVING, Texas - The Irving Arts Center is surveying residents to get their thoughts on the arts.

The center is conducting a cultural census this month to gain a better understanding of how residents use the center and participate in the arts.

It's a chance for residents to offer suggestions for improvements and for the center to set priorities for its programs, said Richard Huff, the center's executive director.

"It's an attempt to try to reach out and get a sense of community needs, community perceptions and allow us to take a look at what we are offering," he said.

Residents can take the survey at http://www.irvingartscenter.com. Paper surveys are available at the center's box office, 3333 N. MacArthur Blvd., and the Irving Public Library, 801 W. Irving Blvd.

The survey, available in English and Spanish, is geared toward Irving residents who are at least 18 years old.

Preliminary survey results should be available next month, Mr. Huff said.

The survey is part of a yearlong effort to study the center, which could face a significant funding cut in three years.

The City Council in February hired Wolf, Keens & Co. to study the center's operations and options to deal with the funding issue. A change in state law means the center could lose about $1.5 million in annual funding – or about one-third of its budget – starting in 2008, Mr. Huff said.

The center, which has operated for about 20 years, includes theaters, galleries and rehearsal halls, and it supports various arts organizations.

Wolf, Keens & Co. is expected to submit a final report and options to deal with possible cuts in November.

[TexasStooge]

Fixing computers close to class

Irving ISD: Campus repair shops keep highly wired district humming

By RUSSELL RIAN / The Dallas Morning News

IRVING, Texas - At 7:30 a.m., a handful of students is already lined up at the door.

That's when The Academy of Irving ISD's help desk opens and problems mount. No icons on the desktop. Not connected to the wireless network. Windows won't load. By day's end, about 40 laptops arrive for one problem or another. Computer-repair class students staffing the help desk from 7:30 a.m. to 2:30 p.m. can handle minor problems – a malfunctioning power cord, for example. About 15 need new parts, several need major work.

The students prepare paperwork for those that need more review by campus repair technicians.As the district concludes its first year handing out laptops to all its high school students, school repair shops have gained significant ground. And for a district with a high-tech reputation and about 15,000 student and faculty laptops, effective technology is paramount.

Much of the improvement is in turnaround time. Repairs used to be shipped out – taking as long as two weeks in some cases. Rumors circulated of students holding onto their barely functioning computer for fear of not getting it back before a paper was due.

This year, those repairs moved in house – the responsibility of two-person teams on each high school campus. Most problems will be diagnosed within 10 minutes, almost none take more than a couple hours. Those needing new parts are likely to get it back within 24 hours.

Problems taking longer involve students who owe a fee or insurance deductible or who violated the school's computer use policy and are awaiting clearance from an administrator to be returned to a student. Roughly 20 laptops a week are confiscated for being misused – most often downloading music.

At the Academy, when something goes wrong with the 1,500 student laptops or the 1,000 other peripherals – from printers to digital projectors – Paul Smith and Robert Pummill can help.

They are two of the eight campus technicians districtwide. Both had worked on help desks in the private sector. In addition to extra vacation time, they say the chance to interact drew them to the job.

"It's fun," Mr. Smith said. "The kids are pretty good. Of course you can't walk down the hall without someone asking you a computer question."

But he doesn't mind. There's something appealing about not being glued to a desk or phone. This is hands-on work – replacing hard drives or motherboards, running diagnostics and even nurturing a new generation of their replacements.

The Academy, the district's magnet-style school, offers specialty areas – including computers – and uses students to staff the help desk. The school even offers paid internships for a couple of computer-savvy students.

Senior Adam Tascher splits his time between student and district employee as one of the interns. His computer teacher had recommended him during his sophomore year when they launched the student-driven help desk.

"You have to juggle a bit," Adam said. "One day I'm a student, one day I'm an employee. The students see me as one of them who happens to be in position to help."

And the teachers? They're happy to have him in class when the printer goes out.

Adam had some computer knowledge but had yet to rebuild a laptop. Before his repair shop gig, he had debated between becoming an electrician and computers.

"This job helped me shape my future," Adam said.

And the interns aren't just for goodwill.

When the technicians are off campus for meetings, or sent to a classroom to fix something, the interns run the desk while school is in session.

While teachers look forward to a restful summer, the campus repair techs are gearing up for the big job – collecting and reformatting all 8,000 student laptops for next year. "It's like an assembly line," Mr. Pummill said. "Your day goes really quick."
-------------------------------------------------------------------------------------
BY THE NUMBERS:

15,023 laptops

7,460 desktops

2,621 printers

1,910 CRs

1,750 projectors

1,660 TVs

1,054 PDAs

119 servers

SOURCE: Irving ISD

[TexasStooge]

Their last resort is in ruins

Las Colinas: When tsunami put islanders out of work, Four Seasons offered jobs, housing

By DEBORAH FLECK / The Dallas Morning News

IRVING, Texas - The Four Seasons Resort and Club in Las Colinas is reaching out to help its family halfway around the world in the Maldives. The floods produced by December's tsunamis washed away the jobs of about 400 employees on the tiny island of Kuda Huraa.

Although no one was killed or seriously hurt there, the resort was ruined. While it is being rebuilt, manager Armando Kraenzlin has been busy finding jobs for his employees.

Nearly 200 are working at resorts around the world, and 12 have just come to Irving.

"We are very grateful to Mr. Kraenzlin for helping us," said Nasreena Abdulla. She and Aisath Rasheeda are the only women in the group.

They said they were working the day of the disaster. "I thought it was a leak when we saw the water, but then everyone starting running to higher ground," Ms. Abdulla said.

The resort evacuated the guests, and the employees were left to survey the damage. "It was very depressing to see what happened," Ms. Abdulla said.

When the offers came to work elsewhere, many were grateful to accept. "It is a good company, and they take care of us," said Imran Adam. Several employees are working in Chicago, Palm Beach, Fla., and the Hawaiian island of Maui, along with a few other U.S. cities. The 12 in Irving have never been to the U.S.

"Everyone is very nice but very busy," Mr. Adam said. "It is not like back home where people come just to relax."

When they first arrived, they were amazed at the traffic, since the main method of transportation back home is by boat.

"They just stared at all the cars," said Craig Reid, general manager of Four Seasons Las Colinas. He said the company's humanitarian effort received help from local government officials, who sped up what is usually a long process.

"It is an investment in our people," Mr. Reid said. "We want to have a positive impact on their lives."

The company is providing nearby housing for the employees and making sure they have time to be tourists.

They recently visited Texas Stadium and received Cowboys T-shirts and caps. Although most are soccer fans, they knew how to kick field goals and catch passes.

They are excited about helping out with the Byron Nelson golf tournament this weekend, and they hope to meet another islander, Vijay Singh, who is from Fiji.

Their stay may last through the fall depending on how quickly reconstruction progresses.

"We hope to be back soon," said Mohammed Nasheed. He left behind a wife, parents and four siblings. Meanwhile, he said, he and the others are just happy to be working.

[TexasStooge]

Teen avoids prison in '03 traffic death

By ROBERT THARP / The Dallas Morning News

UNIVERSITY PARK, Texas - A plea agreement reached Monday for a University Park teenager with a history of driving infractions keeps the youth out of prison for killing a 6-year-old girl walking to school with her mother in October 2003.

The parents of Ann Kathryn Kerwin said prison is the wrong place for Charles Austin Ames but added that they are pleased with tough court restrictions that they hope will send a message to others about the consequences of reckless driving.

Had he been convicted of criminally negligent homicide, Ames would have been sentenced to a minimum of two years in prison, said the victim’s father, Colin Kerwin said.

"That would have ruined another life,’’ he said. "And we’re not interested in ruining another life.’’

Under terms of the agreement, Ames, 19, loses his driving privileges for five years of his seven-year probation term. After that, he will only be allowed to drive vehicles with engines smaller than four cylinders. He was also fined $2,000.

Kerwin said it was important to hear Ames plead guilty in court and acknowledge that he was responsible for his oldest daughter’s death.

"He’s now admitted he’s guilty. It was very important for me and my wife to hear him say that because we knew the facts of the case."

Ann Kathryn was crossing Hillcrest Avenue on her way to University Park Elementary School when she was struck by Ames’ pickup. The child’s mother and younger sister were guiding her across the street, but they were not injured.

Testimony from Monday’s hearing included an account of a 2002 wreck caused by Ames in which an Abilene Christian College student was broadsided. The woman suffered critical injuries and could not walk for three months.

Kerwin said parents need to stop making excuses for their children and that everyone needs to understand that consequences of reckless driving.

"It’s a horrible message for parents to send, and I feel sorry for Austin Ames," he said.

After pleading guilty to the crime, Ames and his family left the courtroom without commenting.

[TexasStooge]

Robber locks employees in restroom

By CYNTHIA VEGA / WFAA ABC 8

DALLAS, Texas - Police evacuated an East Dallas shopping center Monday morning after workers at one store called 911 to say they had been locked up by an armed robber who was still inside the store.

Authorities said two employees of a Dollar General store in the 6300 block of Samuell Boulevard called police around 8:30 a.m., and said when they arrived to open the store they were confronted by a man with a gun.

"He came up and grabbed one of the employees, produced a weapon, escorted the employees to the back and locked them in the restroom," said Dallas Police Sr. Cpl. Max Geron. "One of the employees had a cell phone and was able to call police; officers responded, made entry and were able to rescue those employees."

When tactical squad officers arrived at the scene, they evacuated the other tenants at the shopping center, including a day care center.

Police were still searching for the man at noon, and said they were not certain if he was still in the store.

[TexasStooge]

Drug testing gets OK in Grapevine-Colleyville ISD

By JIM DOUGLAS / WFAA ABC 8

GRAPEVINE, Texas — A North Texas school district rocked by a steroid scandal is cracking down on students who use drugs.

The Grapevine-Colleyville School Board unanimously approved a mandatory drug testing policy on Monday night .

Beginning next year, Grapevine-Colleyville will randomly test students in all extracurricular activities, including football, marching band and the debate team.

The move comes after nine district athletes admitted they used steroids in the last school year.

A recent survey found that a majority of district parents, students, and community members favored random drug testing.

The district will randomly test between 10 to 40 percent of students who are involved in extracurricular activities. They will test for 13 substances, including alcohol and steroids.

The program will cost the district $27,000 a year, but officials said the expense will not be passed on to parents.

Students who test positive would face suspension from extracurricular activities.

Grapevine-Colleyville joins at least 22 other North Texas school districts with mandatory drug testing programs.

WFAA-TV's Jolene DeVito contributed to this report.

[TexasStooge]

Reservists lose jobs after call to duty

By BYRON HARRIS / WFAA ABC 8

DALLAS, Texas - According to the Department of Defense, more than 174,000 National Guard members and reservists are on active duty to support the war on terror.

Those men and women expect their jobs to be waiting for them when they return, but some are discovering patriotism can be a one-way street.

Over five months ago, Baylor's Floyd Casey Stadium in Waco was filled with pride, sadness and the largest contingent of the Texas National Guard to be called to serve overseas since World War II. But even before the going away ceremony, some said they'd already been mistreated by their employers.

Derek Spivey worked for Roadway Express in Irving. When he was placed on alert for possible service in Iraq, he told company officials - and they laid him off.

"I was angry, because I know he worked so hard," wife Sarah Spivey said. "He was one of those guys that was 45 minutes early to work every day, and stayed late if they needed him. I felt he had given them everything he had."

Spivey had been in the National Guard for years. When Roadway let him go, his wife said the company offered him $845 - but that came with a price.

"They made him sign a document saying he would have no legal repercussion to the company for firing him - for laying him off," Sarah said.

Spivey, now stationed near Fallujah, Iraq, talks to his wife Sarah about once a week.

"They've been shot at, mortared inside the camp," she said. "Very scary every day."

Sarah Spivey and six-year-old Nichole now live on half as much as Spivey made as a civilian. They expected that, but what they didn't count on was that he'd serve his country and lose his job.

"They're over there risking their life so this company can run itself here in America freely, with free employees," Sarah said.

When the 223rd Maintenance Company marched into Texas Stadium before deployment to Iraq last November, Al Shaw thought all was well.

He'd worked for salary and commission at Business Printing in Carrollton; it wasn't until he got to Iraq that he received a letter that he'd been terminated and wouldn't be receiving unpaid commissions.

"If your employment is terminated for any reason," the letter said, "no commisions will be paid after your last day of employment."

"He was really upset that it put me in the situation," said wife Cindy Shaw. "Not only had my husband left for 545 days of deployment, then within just a couple of weeks getting a letter saying he had no job ..."

When News 8 contacted company president Dave Bonenburger, he said, "This is none of your business. He's been paid everything he's due; this is blackmail."

Men and women in the National Guard and reserves are protected by a law called USERRA, which prohibits employers from discriminating against, or firing, employees when they're called up. Additionally, the law guarantees that their jobs be restored when they return from active duty.

Larry Patterson volunteers for ESGR, Employer Support of the Guard and Reserve. It's a volunteer group designed to help employers and military reservists work out their differences.

"Each case is unique, and I am surprised everytime I pick up the phone," Patterson said.

Patterson said in most cases employers are at fault, usually from bad information.

"Most employers understand and make corrections," he said. "We find that many times it's the first-line supervisors that are misinformed."

In the case of Roadway and Derek Spivey, the company said it does not discuss personnel matters. It said 27 Texas employees were laid off in 2004 in cost-cutting moves, and their positions weren't filled. Roadway also said it supports the military, and gave 116 Guard members and reservists bonuses for serving last year.

Sarah Spivey has more than a year until her husband Derek returns. Cindy Shaw's husband Al will return in about a year. Both women have hours each day to think about the price they're paying for freedom.

"I'm just so angry that a company would lay someone off before they went to war for their country," Sarah Spivey said. "I want people to know that those companies are out there, and they can't be counted on."

"This is not becoming of any American," Cindy Shaw said.

As a result of News 8's inquiry, Roadway has launched an internal investigation about the layoff of Derek Spivey, and Business Printing changed Al Shaw's status from terminated to inactive after ESGR started looking into it.

An employer who is found to have illegally terminated a reservist can be forced to pay them twice the wages they're owed - something for employers and reservists to remember.