News from the Lone Star State

[TexasStooge]

Constable faces more sex charges

By BRANDON FORMBY / The Dallas Morning News

DENTON, Texas — A constable from The Colony faces possession of child pornography charges in Denton County and soon may face removal from office.

More than 10 images of suspected child pornography were found on computer equipment seized from the home of Larry Dale Floyd, 62. A Denton County grand jury indicted Mr. Floyd Thursday on three counts of possession of child pornography. Bond was set at $300,000.

Mr. Floyd is being held at the Fremont County Detention Center in southern Colorado on $100,000 cash-only bail. Last week he was formally charged there with one count of soliciting child prostitution, three counts of enticement of a child and three counts of attempted sexual assault on a child. He is accused of soliciting [name withheld], the underage daughter of a woman he met on the Internet. The woman was an undercover police officer from Cañon City, Colo.

The Denton County district attorney's office has filed a petition to have Mr. Floyd removed from office. The district attorney also will ask a judge to immediately suspend the constable without pay until a jury trial on his permanent removal from office can occur.

[TexasStooge]

Day care crash driver found guilty (Updated)

By CYNTHIA VEGA / WFAA ABC 8

DALLAS, Texas - The unlicensed 14-year-old driver of a car that crashed into a Pleasant Grove day care center last May was found guilty on seven juvenile counts of injury to a child by a Dallas jury Thursday morning.

Immediately after the verdict was returned, jurors at the Henry Wade Juvenile Justice Center went back to work to consider her penalty.

They recommended to Judge John L. Sholden that the girl—whose identity is being withheld by WFAA-TV because of her age—should be sentenced to 10 years' probation. The girl sobbed and clutched her mother's hand as the sentence was read.

"I've been shocked about everything," said Blynthea Washington, owner of the Dreamhouse Learning Center. "I didn't think it would go this far."

Washington said she thought the young driver should have avoided the trauma of a trial by agreeing to a plea bargain.

Judge Sholden ordered the girl to spend the first six months of her probation at a rehabilitation center in Houston, after which she may be able to return home while receiving counseling.

The girl could have faced punishment of up to 20 years in a juvenile and adult prisons.

The teenager faced charges after driving her aunt's white 1995 Kia Sephia through the front of the Dreamhouse Learning Center on Lake June Road.

Eight children were injured, including one girl who was seriously hurt when she was trapped underneath the car.

The convicted driver was ordered to remain in custody at the juvenile center until a September 8 hearing, when Judge Sholden will hear testimony from the parents of injured children who are seeking restitution for medical expenses.

The Dallas Morning News contributed to this report.


Amateur video
Home video showed chaos in the minutes following the May 24 crash.

[TexasStooge]

Officials: Convention Center might lose $12 million

By CHRIS HEINBAUGH / WFAA ABC 8

DALLAS, Texas - Officials at the Dallas Convention Center told the City Council that in two years the center and Reunion Arena will lose close to $12 million and city taxpayers will have to make up the difference.

The projected loss is being blamed on several things that include the debt when the Convention Center expanded and hotel and motel taxes that help fund the center are down. But perhaps even more important, the convention business just isn't what it used to be.

The Great American Trucking Show has pulled in - along with 40,000 visitors from across the country. The show has been parking at the Dallas Convention Center since 1999.

"It's a great facility," said Randy Schwartzenburg, with the Great American Trucking Show. "The people here work with us really well and there are a lot of truckers in this industry in this area."

But competition for trade shows is fierce and the Convention Center is feeling the pinch.

Officials expect a $12 million shortfall in the 2006-2007 fiscal year. The future challenge has its roots several years back. The Convention Center expansion was nearing completion and scandal at the Dallas Convention Center and Visitors Bureau prompted a staff overhaul.

Future convention booking didn't get the needed attention. Then there was 9-11.

"We're seeing the effects of those activities four of five years ago coming to reality today," said Frank Poe, with the Convention and Events Services.

Officials anticipate a turnaround in a few years and booking is once again on the rise. A revived downtown will help as well as the proposed Convention Center hotel.

"It's no longer an option," Poe said. "It's the price of entry to be competitive in the trade show market."

But a self supporting convention center may be a thing of the past. Fierce competitors now slash rates to attract shows and hundreds of millions in visitor dollars.

Dallas Officials said until convention businesses snaps back, the focus will be service. They said they will keep the customers they have happy and return business back.

Some see the proposed Convention Center hotel as crucial to any hope of profitability. But others, like Council member Mitchell Rasansky, are not convinced that Dallas can compete with Chicago, Las Vegas and New York.

Rasansky wants contracts and bookings in hand before he will be convinced it's a wide use of money.

[TexasStooge]

Shot kills officer's granddaughter

By BERT LOZANO / WFAA ABC 8

LANCASTER, Texas - Police are investigating the shooting and death of a 4-year-old girl at the 1900 block of Crepe Myrtle Drive. Police said they received the call just after 5 p.m. and a high ranking police official confirmed the child is the grandchild of a Dallas police officer.

Initial reports indicate that the child may have been shot in the head and was then flown to Children's Medical Center Dallas. The medical examiner's office late today confirmed the death of the girl. Officers confirmed the deadly shooting happened within the home of an officer's house.

"There is a Dallas police officer that lives here at the residence," said Lt. Joe Hall. "But at this point, it is really too early in the investigation to really tell you who that is or what else happened."

Hall said information they have gathered from the preliminary investigation indicates the shooting was accidental and a weapon has been recovered.

News 8's Rebecca Rodriguez and the Associated Press contributed to this report.

[TexasStooge]

Driver shoots at man 5 times on freeway

REBECCA RODRIGUEZ / WFAA ABC 8

BEDFORD, Texas - A bullet grazed a man's shoulder Wednesday night after another driver shot at him five times while driving on Airport Freeway at the edge of Bedford and Euless.

Quentin Booty managed to pull over and make it to a bowling alley for help. He said he was bleeding, disoriented and trying to figure out what had just happened to him.

A courier, Booty makes his living on the road. He was headed to his last stop when he ran into the trouble.

"I just noticed these two cars racing," Booty said. "...One was trying to get the other to stop and I just went around them and I blew the horn. You know, to say whatever you are doing stop it..."

However, he said he wasn't ready for the enraged response he got next.

"When he pulled up along side of me, I thought he was going to tell me something so I rolled the window about halfway down and he was yelling something," he said. "Just as soon as I could figure what was going on, I heard a gunshot."

He managed to make it over to the shoulder of the road. He had been shot in the shoulder and glass and metal shavings were imbedded in his face. Police said the shooter fired off at least five rounds before driving away.

"These typically are random," said Lt. Kirk Roberts. "They are not obviously targets. It's just somebody there wrong place, wrong time. They have a legal right to be here; it's just the person has had a bad day."

Booty said he is amazed he managed to escape the situation without being injured fatally.

"I was lucky I lived," he said.

His mother said she thinks so too. But she said now she just wants police to track down the man who almost tore her family apart. She also said it has been a difficult few weeks for her family. Her other son died just last month.

"I don't know what could have been going through his mind to go out and shoot another person five times," said Dava Booty. "He was out to kill my son."

Police said they are looking for a Ford pick-up truck, possibly 4-wheel-drive, tan or light color. Booty described it as either an F-150 or F-250. Police ask that those who have any information to please call the Bedford police.

[TexasStooge]

HOV cheaters frustrate commuters

By BRAD WATSON / WFAA ABC 8

DALLAS, Texas - Frustrated with idling in freeway traffic, it seems more drivers are slipping into HOV lanes and without much pursuit from DART police.

DART said it is aggressively enforcing keeping those vehicles with only one passenger out of the HOV lanes, but some motorists said they hardly notice.

"Today on my way home I counted 22 vehicles that had single drivers," said commuter Gail Keith.

Keith drives 30 miles a day from Carrollton to Mockingbird Lane in Dallas and then back along Interstate 35. She said gets aggravated when she sits in traffic, burning expensive gasoline and she watches driver only cars and trucks zip by in the HOV with no DART police in sight. She also said she believes the record gas prices be just the enticement that gets those drivers into the multi-passenger lane.

"Because when you're sitting there you are burning gas," she said.

DART police estimated that one in 10 vehicles in the HOV lanes are in violation. To stop that from rolling higher, they said they are watching the 31 miles of HOV lanes as best they can. HOV citations are up 17 percent over last year, but DART doesn't have any figures yet since gasoline surged dramatically.

"If gas prices keep going up we may notice a little bit of an increase in the violator rate," said Sgt. Sherri Plunk, DART police.

Keith said DART police don't need to look hard to find them.

"You're going bumper to bumper with the price of gas today," she said. "Single drivers are riding HOV and the DART police just don't seem to be out there correcting the matter."

[TexasStooge]

Police: Appears girl, 4, shot herself (Updated)

LANCASTER, Texas (WFAA ABC 8) - Police said they believe a 4-year-old girl accidentally shot herself while at her grandparent's house on the 1900 block of Crepe Myrtle Drive. Police said they are now investigating just how that deadly accident happened.

The call came into the police just after 5 p.m. Thursday that led police to the shooting that happened inside the home of an 18-year police veteran.

The Northwest Division patrol officer was home with her husband and two granddaughters, ages four and nine, when the youngest got a hold of a gun.

"They were in the process of getting supper ready and helping the older-little girl with some homework when they realized the younger one was missing and discovered her," said Lt. Joe Hall.

The couple found the child in the master bedroom with a gunshot wound to the head and called 911. The child was then care-flighted to Children's Medical Center Dallas where she later died.

Police said it appears the child shot herself with a handgun she got a hold of that was stored in a high place in the master bedroom closet.

"We don't have anything to indicate that it is anything other than a terrible accident," Hall said.

An extended family of neighbors embraced each other outside the home where they found the girl. Many neighbors said they knew the family and child well.

"We shared sometimes - barbecues, food, my daughter played with their granddaughter sometimes," said neighbor Eddie Escabar. "I mean, I don't know exactly what happened but it's a tragedy."

Lancaster police said they are still investigating how the gun was stored. They did say they know the gun was the grandmother's, but they do not know if it was her service revolver. Dallas police said once that is determined they will then make a decision if there needs to be an internal investigation.

News 8's Rebecca Rodriguez, Bert Lozano and Mary Ann Razzuk contributed to this report.

[TexasStooge]

Denton shootout caught on video

DENTON, Texas (WFAA ABC 8) - A dramatic video captured a shootout in Denton County earlier this month.

The video was from the dashboard camera of a Denton County sheriff's deputy car. Brian Doyle Savage was firing at an officer from a house near Aubrey where he had fled after a DPS trooper tried to pull him over.

The trooper, Stephen Oliver, was shot in the leg by Savage. The stand-off ended when officers shot and killed Savage.

[TexasStooge]

Fire damages Fort Worth apartments

FORT WORTH, Texas (WFAA ABC 8) - Firefighters battled a two-alarm blaze Friday morning at an apartment complex in Fort Worth.

The fire broke out about 5:30 a.m. in the 1600 block of Homedale Drive. It apparently started in one of the courtyards at the Park Place Apartments.

Four units sustained heavy damage. Crews were able to keep the fire from spreading to other apartments.

No one was hurt. The cause of the fire was under investigation.

[TexasStooge]

Parents protest Arts Magnet's temporary location

DALLAS, Texas (WFAA ABC 8) - Many parents and students of Booker T. Washington High School for the Performing and Visual Arts picketed the Dallas Independent School District board meeting Thursday night. They said they are angry about plans to move the school from its downtown location in the Arts District to Nolan Estes Plaza in east Oak Cliff.

As board members arrived around 6:00 p.m., they were greeted with parents and students wearing masks and holding protest signs that read "Nolan Estes stinks."

The December move would only be for a couple of years, but some parents said that is two years too long. Some of those in protest over the Oak Cliff school building said it was unsafe and that they found a better alternative. However, the district said that isn't an option.

"They promised we would be downtown," said parent Tom Chambers.

DISD officials said the location is a temporary spot for the Arts Magnet school while the downtown campus undergoes renovations and construction. But parents said it just wasn't the location that angered them. The major disappointment, they said, began once many of them stepped inside the Oak Cliff facility and saw its condition.

"You walk through - there is mold and mildew and dank smell in the bottom of the building where our children will be," Chambers said. "There are rat droppings and cockroaches."

But district officials said for half a million dollars they can have the location ready by January.

"We feel this is a decent facility," said Donny Claxton, a DISD spokesman. "It will have improvements to gussy it up before the students show up."

That has been the plan since May, but in June parents found what they thought was a better facility at the old Atmos Building.

The facility has historic architecture, a full commercial kitchen and many spaces that could easily be converted to classrooms. Plus, parents said they like the location because it is close to the downtown Arts District.

"Unlike the other high schools, their location is key to programs," said Emet Schneiderman. "They interact on a daily basis with professional artists and performers and that's just not going to happen."

But school officials estimated it would cost $4 million to convert the location the parents have chosen.

"The superintendent has heard both sides," Claxton said. "He's walked the Atmos facility - and again - we go back to we are moving ahead with Nolan Estes Plaza."

News 8's Gary Reaves and Dan Ronan contributed to this report.

[TexasStooge]

Girl with cancer gets special playhouse

By DEBORAH FLECK / The Dallas Morning News

IRVING, Texas - The day before Ashlyn Foss' seventh birthday was not a happy one. It was the day she found out she had leukemia.

For almost two years, the Irving girl has battled the disease with daily chemotherapy.

The third-grader at The Highlands School in Irving had a big reason to smile Saturday. The 8-year-old received the house of her dreams – a yellow and purple Cape Cod-style playhouse, complete with a loft and a patio.

The Make-A-Wish Foundation of North Texas granted her wish, its 300th this year.

"This is the most wishes we have granted in a year," said Charisse Brown of the foundation. "Last year, we granted 261 wishes." The foundation's fiscal year runs from September through August.

The wish also is the foundation's 2,500th granted since the Texas chapter was founded in 1982. The nonprofit organization will move from Dallas into new headquarters in North Irving in October.

"Children will be able to come to our headquarters to make their wish," said Erin Michel, a foundation development officer.

She noted that the office would have an interactive Wishing Tower that lights up with the children's favorite color when they make a wish.

The foundation grants four types of wishes: I wish to go, I wish to have, I wish to be and I wish to meet.

Families can recommend their children for the program. Doctors also offer names in hopes of cheering up their young patients facing life-threatening medical conditions.

Someone at Children's Medical Center Dallas, where Ashlyn receives care, recommended her, said her father, Gary Foss. "She was approved for a wish and then went online to make her wish."

He said she drew her plans for a playhouse, and the foundation did the rest. The custom-made house was shipped in pieces from a Minnesota company. A crew of volunteers from McCarthy Building Co., led by project engineer Nate Krisko, put the house together.

The employee-owned company is involved in community service on a national level as well, said vice president Chris Peck. Aside from the Make-A-Wish Foundation, the company helps with Habitat for Humanity.

"Ashlyn's house is our first minihouse," he said.

But it doesn't seem mini to Ashlyn or her sister, Mariah, 2.

"They never expected anything so big and so wonderful," their father said.

"I really like it," Ashlyn said, adding that her favorite part is the loft.

She furnished her house with a small table and chairs. Then she, her sister and their friends gathered inside for a pizza party.

Ashlyn kept smiling all afternoon. Her wish came true.

Her parents are hoping their wish also comes true. With about six months of treatment to go, they hope their daughter will be cured.

"We have great doctors treating her," Mr. Foss said. "And with so many advances in treatment, the cure rate is now about 84 percent, much better than what it used to be."

They want Ashlyn to enjoy her dream house for a very long time.

[TexasStooge]

Irving to vote on charter changes

IRVING, Texas (The Dallas Morning News) – The City Council on Thursday called a charter election for Nov. 8. Residents will vote on nine amendments. One would enhance the powers of four city boards, including the city's Convention and Visitors Bureau and the city's Arts Center. Residents also will vote on letting only the council appoint the city secretary.

In addition, voters will vote on making it easier for city employees to get retirement benefits. The charter – the city's equivalent of a constitution – specifies such things as the organization of city government. The amendments are based in part on a review of the charter by council members and a residents' committee.

[TexasStooge]

Officials hunt for teen arsonists

Irving: No arrests made in string of fires at schools, parks

By ERIC AASEN / The Dallas Morning News

IRVING, Texas – Irving fire and police officials are hunting for teenagers who they say sparked a series of arson fires in recent weeks.

At least eight fires have been set overnight at parks and schools on the city's south side since July 3.

Among the items torched: trash containers, picnic tables, a log cabin and a portable toilet.

No arrests had been made as of Thursday afternoon, but potential suspects have been interviewed, said Ken Lewallen, Irving's fire marshal. He describes the arsonists as youths 15 to 17 years old who are out after curfew.

Most blazes were set in the past couple of weeks south of Irving Boulevard and north of Hunter Ferrell Road.

Irving police are aware of the fires and are on alert, said Officer David Tull, police spokesman.

A string of park arsons is "highly unusual" in Irving, said Chris Michalski, superintendent of parks, athletics and aquatics.

Parks officials are looking into moving trash cans away from park structures and collecting trash later in the day to prevent refuse from sitting around at night.

Among the incidents:

•A large trash container was set on fire July 3 at Townley Elementary School.

•Trash cans were set on fire at Shady Grove Trail Park on July 6. Also at the park, a portable toilet and a pavilion roof were set ablaze in August.

•A table, bench and trash can at Fritz Park were damaged Aug. 15.

•A log cabin, an 1800s-replica, was set on fire Aug. 17 at Centennial Park. Damage was minimal.

•A large trash container was set on fire at Townley Elementary on Aug. 18.

•Picnic tables were damaged at Nimitz High School on Aug. 19.

A reward of up to $2,000 is available for information leading to the prosecution of the people responsible. Call 972-721-2651.

[TexasStooge]

Clubs a huge draw for poker amateurs

N. Texas: They play for points, not money, so enthusiasts can gamble to hearts' content

By IAN McCANN / The Dallas Morning News

ROWLETT, Texas – It took only eight minutes for Jose Garcia to lose it all. Dan Parker followed an hour later. Fifteen minutes more, and Susan Fletcher and Dave Collard were out.

But they didn't worry about it – their Texas Hold 'Em game at the Rowlett Bowl-A-Rama was zero-stakes, played simply as a way to hang out, have fun and hone skills with dozens of others who have caught the poker bug.

Bowl-A-Rama is one of more than 50 venues for Amateur Poker League tournaments in the Dallas-Fort Worth area. That number is expected to continue to grow after this summer's release of a Texas attorney general's opinion that the tournaments don't violate the state's anti-gambling laws.

Ms. Fletcher, 46, of Rowlett began playing at Bowl-A-Rama in March after her husband started going there.

"It's fun to learn the psychology and the personalities," she said. "You've got the gambling, but you don't have any money at risk."

The love of the game, the camaraderie and the chance to brush up on strategy are all reasons that APL's membership has ballooned to about 25,000 in North Texas, said APL president Shawn Riley. The APL is one of the largest leagues in the country to run zero-stakes tournaments.

"The draw to APL is that it's a grass-roots, neighborhood mentality," Mr. Riley said. "It's local folks going to their local restaurant or bar and playing the game. People like Texas Hold 'Em because it's very simple – as long as you can think, you can play the game."

APL started in mid-2003 in Wichita, Kan. Texas was one of the first states added, and a large-scale expansion across the country began this summer, Mr. Riley said.

Playing in the APL is free, with no membership fee and no charge to enter tournaments. Because players put up no money, Aubrey McBride of Rowlett said, the game is a bit different than if cash were on the line.

"If you've got a pair of deuces or something, you might not call a $500 bet if you're playing at a casino," Mr. McBride said. "Here, you're not as careful. But you can learn it here and then go to Shreveport or Vegas and try one of the tables there."

The zero-stakes nature of the games doesn't mean there's no reason to play well. The top 16 players in each tournament are awarded points. Top players can advance to regional, state and national tournaments, and the national champion each year is staked to $10,000 in chips in the World Series of Poker in Las Vegas, where the winner rakes in millions. In addition, players at individual venues can win prizes such as trips.

It's those prizes that make some question the legality of the tournaments. Markus Kypreos, a research lawyer for the Texas District and County Attorneys Association, disagrees with the attorney general's opinion.

"The real issue is, do the chips you're betting with have value?" Mr. Kypreos said. "The argument I've made is yes, because of those prizes people are winning."

Many APL members have been playing poker at home and in casinos for years, though some, such as 46-year-old Ray Andrews of Wylie, are new to Texas Hold 'Em.

"I paid for part of my tuition in college playing draw and stud," said Mr. Andrews, who's been an APL member for just a few months. "I was watching one of those World Poker Tour shows, which got me interested again. I saw that there were a couple of places around that had Hold 'Em, so I decided to try it out."

Bowl-A-Rama owner Chuck Lande said the ability to lure new food and beverage customers motivated him to host the tournaments. He said he's been surprised at how seriously many take the game, even without cash at stake.

"You see a real mix of characters, just like you do on TV – the ones with the sunglasses, some of them with their good-luck charms," he said. "It's a great group. It's been interesting to see everybody that this draws in."

[TexasStooge]

Bilingual-principal plan approved

Dallas ISD trustees' debate over policy pitted blacks vs. Hispanics

By TAWNELL D. HOBBS / The Dallas Morning News

DALLAS, Texas - The Dallas school board meeting turned racially heated Thursday night as trustees voted 5-4 to require some principals to become bilingual.

The policy, which pitted blacks against Hispanics, will apply at campuses where at least half the students enrolled in the last three years have had limited English proficiency.

In elementary schools, the requirement applies to principals in schools rated acceptable or unacceptable by the Texas Education Agency.

Elementary schools rated exemplary or recognized and all middle schools and high schools would need one of their top officials to be bilingual, but not necessarily the principal.

Administrators will have a year to enroll in a training program at district expense and three years to attain bilingual proficiency.

The board's three black trustees – Ron Price, Lew Blackburn and Hollis Brashear – and trustee Nancy Bingham opposed the plan. Dr. Blackburn, frustrated with the policy, made a motion to require administrators in majority-black schools to be proficient in Afro-centric studies. It failed.

A frustrated Mr. Brashear, who voted for Dr. Blackburn's plan, told fellow trustees: "I am not going to be a party to these race politics."

He later said the board has been "spiraling downward for the last two or three months."

Trustee Joe May proposed the idea of having bilingual principals in May to make it easier for non-English-speaking parents to communicate with their children's principals. The Dallas school district is about 65 percent Hispanic.

"We must accept the community as it exists," Mr. May said.

The policy has drawn attention nationally.

ProEnglish, a nonprofit group based in Arlington, Va., said it would consider backing a legal challenge to the policy. The national organization advocates making English the official language in the United States.

K.C. McAlpin, executive director of ProEnglish, said DISD has its priorities backward.

"They should focus on teaching the kids English and let parents know the expectations," he said. "If they have a problem communicating, they should learn English."

In other matters, an indoor-air-quality report released by the district Thursday states that the discoloration of some ceilings and walls at Nolan Estes Plaza, where Dallas school officials plan to relocate some students, is not due to a harmful fungus.

The district commissioned the report, conducted by IAQ Consultants Inc. in Southlake, to alleviate the environmental concerns of some parents whose children attend Booker T. Washington High School for the Performing and Visual Arts.

The students will be relocated to Nolan Estes Plaza in east Oak Cliff in December while their campus undergoes construction.

Parents also have raised concerns about safety near Nolan Estes Plaza.

The air-quality report says the discoloration of the ceilings and walls was due to the improper operation of the school's air conveyance system.

"The discoloration was determined to be common environmental dust and debris, not fungal growth," the report states.

IAQ Consultants is also conducting a broader study to check the facility for other harmful substances or conditions.

On Thursday, dozens who oppose the move to Nolan Estes Plaza protested outside DISD headquarters before Thursday's board meeting.

Also at Thursday's board meeting, trustees approved paying $1.2 million to settle a lawsuit with the Catholic Church.

The district began eminent domain proceedings two years ago to force the sale of 25 undeveloped acres at Calvary Hill Cemetery to build two schools. The district spent at least $865,000 in legal fees to fight the case.

Superintendent Michael Hinojosa has said that it's time for the district to move forward. Construction of the schools has been delayed because of the court proceedings.

[TexasStooge]

HOV cheaters leave commuters steamed

By BRAD WATSON / WFAA ABC 8

DALLAS, Texas - Frustrated with idling in freeway traffic, more motorists are slipping into high occupancy vehicle lanes on Dallas freeways without the necessary passenger—and, some complain, without penalty.

The Dallas Area Rapid Transit agency, which polices the HOV lanes, maintains that it is aggressively enforcing regulations that restrict the less-crowded lanes to vehicles with more than one occupant.

Commuter Gail Keith said more needs to be done. "Today on my way home I counted 22 vehicles that had single drivers," she said.

Keith drives 30 miles a day from Carrollton to Mockingbird Lane in Dallas, and then back along Interstate 35. She said gets aggravated when she sits in traffic—burning expensive gasoline—and she sees driver-only cars and trucks zip by in the HOV lane with no DART police in sight.

"What is needed is for more people to be personally responsible for their actions and obey the laws regarding the HOV lanes," said WFAA.com reader 'BJR' in an online survey.

Keith said she thinks record gas prices may be enticing solo drivers to veer over to the multi-passenger lane.

"When you're sitting there you are burning gas," she said.

DART police estimated that one in 10 vehicles in the HOV lanes are in violation. The agency said officers are watching the 31 miles of HOV lanes as best they can.

HOV citations are up 17 percent over last year, but DART doesn't have any fresh figures since the dramatic surge in fuel prices.

"If gas prices keep going up, we may notice a little bit of an increase in the violator rate," said DART police Sgt. Sherri Plunk.

Keith said DART police don't need to look hard to find scofflaws. "You're going bumper-to-bumper with the price of gas today," she said. "Single drivers are riding HOV, and the DART police just don't seem to be out there correcting the matter."

The fine for an HOV ticket is up to $200 plus court costs, which—for the moment, at least—is still more expensive than filling the tank.

[TexasStooge]

Ex-commissioner fights to keep family intact

By BYRON HARRIS / WFAA ABC 8

DALLAS, Texas - Ralph Isenberg's new baby girl Niyara Hu will have a story to tell.

About how her father met her mother—a former massage parlor worker.

About how they fell in love and then got married.

And how a misdemeanor prostitution charge against Nicole Isenberg made her a target for deportation to her native China.

"We were denied our due process rights by immigration authorities," Ralph Isenberg said.

Isenberg, who resigned his position on the Dallas Plan Commission two weeks ago after details of his private life became public, fumed as he recounted how U.S. immigration officials wanted to split the mother and child just before the baby's birth—sending Nicole back to China while letting the infant remain in Texas.

Ralph Isenberg has been battling with the immigration agency over the past several months, and especially since Niyara Hu was born in July.

"What I want to do for my family is to seek every remedy of law that we have available to us," he said.

Isenberg pointed to numerous articles in Chinese publications indicating the rest of the world is taking note of his family's fight. He told News 8 his wife has moved to New York, where immigration authorities might be friendlier.

Isenberg has set up an Internet Web site outlining his family's issues with the Bureau of Immigration and Customs Enforcement (ICE).

A customs spokesperson said the agency has submitted a requisition to re-open Nicole Isenberg's case in Dallas.

But the Isenbergs want the case to be decided in New York.

Last week in New York, Nicole Isenberg filed a lawsuit asking immigration officials there to let her apply for political asylum in the United States.

The suit asks that she not be deported until the case can be decided.

Ralph Isenberg said the family's legal fight will someday have special meaning for their daughter. "When she grows up, she's going to have one of the most interesting stories to tell about how she came into this world."

[TexasStooge]

Group counters Sheehan's message

By KIMBLERY DURNAN / The Dallas Morning News

DALLAS, Texas - Activists traveling in a caravan from California to Crawford stopped in Dallas on Friday to express their support for the president and the war in Iraq.

The caravan was organized by Move America Forward, a nonprofit group that says it is committed to supporting efforts to defeat terrorism and the men and women of the U.S. armed forces.

Deborah Johns of Marine Moms, who led the caravan that left from San Francisco on Monday, said she joined to support her son, Cpl. William Johns. She also wants to counter efforts by another California mother, Cindy Sheehan, who has camped near President Bush's ranch in Crawford to protest the war after her son, Army Spc. Casey Sheehan, 24, died last year in Iraq.

Johns said she wants to tell Sheehan that criticizing the war and the president jeopardizes the troops and hurts morale.

"Our message is plain and simple: We need to support our troops. Our men and women need us and we need to support them," Johns said. "The majority of military families do not feel the way Cindy Sheehan does."

The Move America Forward group calls its tour "You don't speak for me, Cindy!" and plans to hold a pro-Bush rally Saturday in Crawford. Plans may include a trip to Washington, D.C., Johns said.

Kathy Schroedel of San Francisco said she has a husband, son, daughter-in-law, niece and nephew in the military, some serving in Iraq.

"When I watched the news and saw Cindy Sheehan speaking, I wanted the world to know she does not speak for this family," she said. "As a mother, I do not want my son to go to war, but I support his decision and I will back him until the day I die."

[TexasStooge]

Ruling prevents closing of horse plants

By JIM GETZ / The Dallas Morning News

AUSTIN, Texas - Texas’ two horse-slaughtering plants have scored a legal victory with a federal judge’s ruling that district attorneys cannot try to shut them down under a 1949 state law.

U.S. District Judge Terry Means ruled Thursday that the law had been essentially repealed by subsequent state laws and, even if it had not been, federal laws pre-empted the state statute.

The ruling in the three-year-old case makes permanent a temporary injunction that had prevented district attorneys in Tarrant and Kaufman counties from prosecuting Beltex Corp. in Fort Worth and Dallas Crown Inc. in Kaufman. The two plants slaughter dozens of horses a week for human consumption in parts of Europe and Japan.

After former state Attorney General John Cornyn issued an opinion that a 1949 state law barred sale or transport of horse meat inTexas for human consumption, Tarrant County District Attorney Tim Curry said he would enforce it. In response, Fort Worth attorney David Broiles asked the federal judge for an injunction to allow the plants to keep operating.

Karin Cagle, an associate of Mr. Broiles, said the owners were happy with Thursday’s ruling but still face a potential nationwide ban on horse slaughter from the Congress this fall.

“The actions by the activists hang over their heads,” Ms. Cagle said. “Their businesses aren’t secure because a few vocal people are out to get them.”

Ann Diamond, an assistant district attorney who aided Mr. Curry in the state’s case, said the key to banning slaughter could lie with Congress. Her office was still reviewing Judge Means’ ruling and had not decided whether to appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. The deadline for an appeal is Sept. 26.

“If this is the final decision, then both the state legislature and national legislature have to act,” Ms. Diamond said. “Either the Congress has to pass a nationwide ban, or they have to enact a law that allows Texas to pass a law banning it.”

[TexasStooge]

Huge drug bust made near Tyler

By LEE HANCOCK / The Dallas Morning News

TYLER, Texas – A routine traffic stop along Interstate 20 led to the county’s largest interstate drug bust in decades, netting more than a ton of marijuana and 20 kilograms of cocaine, investigators said.

Arrested were Melton McMorris Jr., 56, and Victor C. Thomas, 38, both of Jackson, Miss.

The men were arrested after a traffic stop about 11:45 p.m. Thursday on I-20, one mile east of Texas 110 near Tyler.

They were being held Friday in the Smith County Jail on charges of aggravated possession of a controlled substance, a first-degree felony, and possession of marijuana, a second-degree felony, Smith County Sheriff J.B. Smith said.

Bond was set at $350,000 apiece, Sheriff Smith said.

A sheriff’s deputy who pulled over the truck on a traffic stop discovered that their empty 18-wheeler trailer had a concealed compartment with 2,620 pounds of marijuana wrapped in 50- to 65-pound bundles and 20 kilograms of cocaine. The men also were carrying $3,500 cash, investigators said.

Sheriff Smith said the find was the biggest he’d seen in the county in his 35 years of area law enforcement work.

Deputy John Smith, an officer assigned to patrol I-20 with a drug dog for suspected narcotics couriers, said he began following the truck after noticing that its driver was going 50 mph in a 65 mph zone.

He said the truck then slowed further and ran off the pavement, and he could smell the strong stench of raw marijuana when the driver and passenger opened its cab door.

Deputy Smith said he brought out his dog, Max, for a search. Max was “probably 15 feet from the truck” when he began catching the odor from the hidden cache of drugs. “He immediately started alerting on it,” the deputy said.

The men told the officer that they were distant cousins, owned the truck together, and were returning to Mississippi from the Dallas-Fort Worth area.

Deputy Smith said they had driving logs dating to 2001, but none had been filled out, the truck had no insurance and there were no bills of lading for any recent paid loads.