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- TexasStooge
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Restoring cheer may take time
Carroll ISD: 33 girls reinstated to squad, but feelings hurt along way
By LAURIE FOX / The Dallas Morning News
SOUTHLAKE, Texas – Parents, teens and Carroll school district leaders involved in the contentious cheerleader tryouts hope to put the issue behind them.
But the healing may take a while.
A flurry of accusations, angry phone calls and threatening e-mails, along with spray-painted expletives and trash strewn in families' yards, have marked a three-month fight that the school board sought to end this week.
On Monday, trustees unanimously reversed their previous decision and reinstated all 33 girls who tried out for the Carroll Senior High School varsity cheerleading squad in December.
They said they upheld a January decision by the principal and superintendent to put all the girls on the squad because of a number of discrepancies and deviations from district policy.
The district detailed how the board came to its decision in a two-page statement released Tuesday. In it, the district noted for the first time that only a small number of girls scored high enough with judges to make the squad.
"Recognizing at that point that the varsity squad could be as small as five to seven members, administrators asked judges to review the scores and increase the size of the squad," the statement read. "All of this was done prior to any public announcement of the 14 original squad members."
The statement listed several factors contributing to the board's decision "to put everyone on the squad and move forward": Tally sheets were used in the tryouts instead of individual score sheets, 10 conduct points that had been given in the past were not doled out, and a different cheerleading association was used for the judging.
School board president Erin Shoupp said in the prepared statement that inconsistencies in district policies and procedures created problems.
"When we were able to look at all the information, it gave us a more expansive view of the entire tryout process and decisions made after the tryouts," she said. "It became clear that there were a number of times that we varied from our past tryout procedures. The board saw that as a problem."
Trustees also asked Superintendent David Faltys to review and revise the cheerleading constitution before tryouts next year. The board will consider clarified tryout procedures as part of the annual student code of conduct.
The problems began in December, when only 14 girls made the 2006-07 squad. Later, four incoming seniors were allowed on the squad even though they hadn't qualified at the tryout. Parents of others who didn't qualify protested, prompting school officials to allow everyone who tried out to be on the squad. The parents of the first 14 qualifiers then balked, saying their daughters demonstrated the skills required.
Two weeks ago, the board heard a parent grievance and decided to cut the team back to the 14 girls and require everyone else to try out again.
On Monday, the board considered arguments by parents of cheerleaders who did not initially make the squad. They contended that the tryout process was flawed.
The dueling grievances created an awkward divide in the elementary school auditorium where the school board meets. Parents on both sides of the issue sat stiffly, the tension palpable.
After the board's decision to restore all 33 girls to the squad, several cheerleaders who lobbied for the smaller squad sobbed, mocking the board members' call for healing and renewal.
A few parents upset about the reversal shouted at other parents in the parking lot then screeched away in their vehicles, honking their horns furiously.
Pam Helin's daughter cried, clearly frustrated with the latest turn of events. When Ms. Helin saw Dr. Faltys after the meeting, she shouted: "You should be ashamed of yourself."
On Tuesday, she said the girls and their parents want to move on, but "it's a tough pill to swallow."
Parent Maggie Stonecypher said the issue has been a life lesson for her daughter.
"The girls will heal, but the parents need to stay out of it," she said. "We all handle disappointment differently. We need to let the girls work through it on their own."
Carroll ISD: 33 girls reinstated to squad, but feelings hurt along way
By LAURIE FOX / The Dallas Morning News
SOUTHLAKE, Texas – Parents, teens and Carroll school district leaders involved in the contentious cheerleader tryouts hope to put the issue behind them.
But the healing may take a while.
A flurry of accusations, angry phone calls and threatening e-mails, along with spray-painted expletives and trash strewn in families' yards, have marked a three-month fight that the school board sought to end this week.
On Monday, trustees unanimously reversed their previous decision and reinstated all 33 girls who tried out for the Carroll Senior High School varsity cheerleading squad in December.
They said they upheld a January decision by the principal and superintendent to put all the girls on the squad because of a number of discrepancies and deviations from district policy.
The district detailed how the board came to its decision in a two-page statement released Tuesday. In it, the district noted for the first time that only a small number of girls scored high enough with judges to make the squad.
"Recognizing at that point that the varsity squad could be as small as five to seven members, administrators asked judges to review the scores and increase the size of the squad," the statement read. "All of this was done prior to any public announcement of the 14 original squad members."
The statement listed several factors contributing to the board's decision "to put everyone on the squad and move forward": Tally sheets were used in the tryouts instead of individual score sheets, 10 conduct points that had been given in the past were not doled out, and a different cheerleading association was used for the judging.
School board president Erin Shoupp said in the prepared statement that inconsistencies in district policies and procedures created problems.
"When we were able to look at all the information, it gave us a more expansive view of the entire tryout process and decisions made after the tryouts," she said. "It became clear that there were a number of times that we varied from our past tryout procedures. The board saw that as a problem."
Trustees also asked Superintendent David Faltys to review and revise the cheerleading constitution before tryouts next year. The board will consider clarified tryout procedures as part of the annual student code of conduct.
The problems began in December, when only 14 girls made the 2006-07 squad. Later, four incoming seniors were allowed on the squad even though they hadn't qualified at the tryout. Parents of others who didn't qualify protested, prompting school officials to allow everyone who tried out to be on the squad. The parents of the first 14 qualifiers then balked, saying their daughters demonstrated the skills required.
Two weeks ago, the board heard a parent grievance and decided to cut the team back to the 14 girls and require everyone else to try out again.
On Monday, the board considered arguments by parents of cheerleaders who did not initially make the squad. They contended that the tryout process was flawed.
The dueling grievances created an awkward divide in the elementary school auditorium where the school board meets. Parents on both sides of the issue sat stiffly, the tension palpable.
After the board's decision to restore all 33 girls to the squad, several cheerleaders who lobbied for the smaller squad sobbed, mocking the board members' call for healing and renewal.
A few parents upset about the reversal shouted at other parents in the parking lot then screeched away in their vehicles, honking their horns furiously.
Pam Helin's daughter cried, clearly frustrated with the latest turn of events. When Ms. Helin saw Dr. Faltys after the meeting, she shouted: "You should be ashamed of yourself."
On Tuesday, she said the girls and their parents want to move on, but "it's a tough pill to swallow."
Parent Maggie Stonecypher said the issue has been a life lesson for her daughter.
"The girls will heal, but the parents need to stay out of it," she said. "We all handle disappointment differently. We need to let the girls work through it on their own."
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- TexasStooge
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Exclusive: Irving boosts UD in Bush library hunt
Traffic studies, hotel data, tourism agency helping small school compete, documents show
By ERIC AASEN / The Dallas Morning News
IRVING, Texas – How can a small Catholic university with no presidential family ties remain in the hunt to win the George W. Bush library?
It might be luck. It could be location. But one of the most important reasons could be the partnership that the University of Dallas has formed with Irving.
Documents released Tuesday afternoon to The Dallas Morning News paint a clearer picture of that relationship, as well as UD's efforts to land the library. They show how the university has worked behind the scenes to survive the cut, competing with more prestigious colleges to become one of three finalists. And they show that both UD and Irving have much at stake – and much to gain.
The University of Dallas has reached out and formed a deep and formal partnership with Irving and the Irving Convention and Visitors Bureau. As a result, the university with 3,000 students is able to draw on expertise from traffic studies to hotel data, elements important to making the library a successful project.
The visitors bureau has helped market the university's product, hoping it will create a lasting impression on the first family.
The partnership could involve money: Irving has proposed to commit up to $50 million in hotel and motel tax revenue for a UD library and museum, described as George W. Bush Library and Institute at Freedom Park.
The library would be located on school property at the corner of State Highway 114 and Loop 12. One e-mail talks about positioning the project as the "Crossroads of Democracy."
Correspondence between the city and university – you could call them love letters – outline the courtship between the two, as well as the quiet confidence both sides have about luring the library.
"We believe the library's location, visibility and the sheer magnitude of the project's vision will create a sustainable impact over a very long term," visitors bureau executive director Maura Allen Gast wrote in a letter to the university.
"The University of Dallas site has all the right ingredients – prime location, scenic beauty and accessibility – and will be an outstanding investment in our city's future development," read a letter from Mayor Herbert Gears and then-city manager Steve McCullough.
Strategies outlined
Irving officials on Tuesday released hundreds of pages of documents in response to an open records request from The News. Although the documents don't include specific library site plans, they outline strategies to land the library, as well as win the public relations battle.
Documents show the city's financial advisoer has conducted a funding capacity analysis of Irving's hotel tax revenues, while the city's bond counsel declared that the hotel funds could be used to fund for a library project.
Working with the city has been important in helping to launch UD's project, university officials say. Bob Galecke, UD's senior vice president for finance and administration, points to the city and bureau's expertise, from tourism business to demographic data.
"You're always looking for resources," he said last night, "and we felt there were resources here that would help with the proposal."
Partnering with UD makes sense, said Mr. Gears, who was first approached by university officials last summer regarding the project.
"It was obvious that the city might have some resources to make available to the project," he said. "It seemed like a worthy project for the city and worthy of our partnership."
But even a partnership has limits. The city can only do so much because the UD owns the land, Ms. Gast said.
"The city is a partner in it, but the university is the one who's driving it," she said. "And we have to respect that throughout the process."
That partnership is fueled by desires from both the city and university to improve their stature. Both would gain national notorietypublicity, which might help UD student enrollment and bring in thousands of new visitors within city limits.
More important, It would alsoit would create momentum for the city's plans for Texas Stadium, which would be located near UD's Bush library. Irving officials believe that the stadium will probably be torn down and transformed into a tourist attraction after the Cowboys leave for a new home in Arlington in 2009.
"While we believe the presidential library will have some return in overnight stays and revenues, we believe its greater visitor impact will be how it influences the development surrounding the location," according to an ICVB memo from last fall.
Regardless of whether the library lands in Irving, Ms. Gast said, publicizing the UD project allows investors and developers to learn more about Irving, which will help stadium redevelopment.
"How do we make the most of it, in terms of economic development?," Ms. Gast said. "How do we make the most of what can be an incredible asset?."
Other assets
UD may still be in the hunt for other reasons.
Some point to the scenery of the university's land, which offers views of area skylines. First lady Laura Bush is reportedly fond of the UD land. Others say the location – near highways and D/FW International Airport – is a factor. And some point to the fact that the university is flying under the radar, keeping a low profile in the intensifying public relations battle.
The documents show that both city and university officials have left no rock unturned in their effort to gather nuggets to help sell the library. They've tried to capitalize on its location and assets in and near the city, including the Boy Scouts of America headquarters.
Also among the discussions: Creating a list charting strengths and weaknesses of each site. Finding an available Web site address for the library. And dealing with a subpoena to view the UD plans: "We are taking legal steps to 'quash' this request to disclose our proposal for public scrutiny," according to an e-mail sent to Irving and UD officials.
At one point last year, while Arlington was still in the hunt for the library, officials talked about sending "a spy" to Arlington City Council meetings to monitor what the library proposal discussions.
The e-mails also indicated the that the city has consulted with Skip Rutherford, chairman of the foundation behind Bill Clinton's library, about traffic counts and counting travelers from out of state.
Also among the documents: City and tourism officials expressed concerns last summer that the city "has an opportunity to be a little more visible in the bid than we have been to date."
"The SMU president is talking pretty openly about their project, and getting all of the coverage, while we are still having to remain silent," Ms. Gast later wrote in an e-mail to Mr. Gears. She wanted the city and university to get more aggressive on the matter.
Mr. Galecke is confident so far with the university's public relations campaign.
"We are responding to the committee's desires to be private, and that's where we're maintaining our position," he said.
For now, Irving and UD wait for a decision. Both city and university officials seem confident they've offered their best sales pitch.
"At the end of the day, have we done everything we can?" Ms. Gast asked. "I think we have. Absolutely."
Traffic studies, hotel data, tourism agency helping small school compete, documents show
By ERIC AASEN / The Dallas Morning News
IRVING, Texas – How can a small Catholic university with no presidential family ties remain in the hunt to win the George W. Bush library?
It might be luck. It could be location. But one of the most important reasons could be the partnership that the University of Dallas has formed with Irving.
Documents released Tuesday afternoon to The Dallas Morning News paint a clearer picture of that relationship, as well as UD's efforts to land the library. They show how the university has worked behind the scenes to survive the cut, competing with more prestigious colleges to become one of three finalists. And they show that both UD and Irving have much at stake – and much to gain.
The University of Dallas has reached out and formed a deep and formal partnership with Irving and the Irving Convention and Visitors Bureau. As a result, the university with 3,000 students is able to draw on expertise from traffic studies to hotel data, elements important to making the library a successful project.
The visitors bureau has helped market the university's product, hoping it will create a lasting impression on the first family.
The partnership could involve money: Irving has proposed to commit up to $50 million in hotel and motel tax revenue for a UD library and museum, described as George W. Bush Library and Institute at Freedom Park.
The library would be located on school property at the corner of State Highway 114 and Loop 12. One e-mail talks about positioning the project as the "Crossroads of Democracy."
Correspondence between the city and university – you could call them love letters – outline the courtship between the two, as well as the quiet confidence both sides have about luring the library.
"We believe the library's location, visibility and the sheer magnitude of the project's vision will create a sustainable impact over a very long term," visitors bureau executive director Maura Allen Gast wrote in a letter to the university.
"The University of Dallas site has all the right ingredients – prime location, scenic beauty and accessibility – and will be an outstanding investment in our city's future development," read a letter from Mayor Herbert Gears and then-city manager Steve McCullough.
Strategies outlined
Irving officials on Tuesday released hundreds of pages of documents in response to an open records request from The News. Although the documents don't include specific library site plans, they outline strategies to land the library, as well as win the public relations battle.
Documents show the city's financial advisoer has conducted a funding capacity analysis of Irving's hotel tax revenues, while the city's bond counsel declared that the hotel funds could be used to fund for a library project.
Working with the city has been important in helping to launch UD's project, university officials say. Bob Galecke, UD's senior vice president for finance and administration, points to the city and bureau's expertise, from tourism business to demographic data.
"You're always looking for resources," he said last night, "and we felt there were resources here that would help with the proposal."
Partnering with UD makes sense, said Mr. Gears, who was first approached by university officials last summer regarding the project.
"It was obvious that the city might have some resources to make available to the project," he said. "It seemed like a worthy project for the city and worthy of our partnership."
But even a partnership has limits. The city can only do so much because the UD owns the land, Ms. Gast said.
"The city is a partner in it, but the university is the one who's driving it," she said. "And we have to respect that throughout the process."
That partnership is fueled by desires from both the city and university to improve their stature. Both would gain national notorietypublicity, which might help UD student enrollment and bring in thousands of new visitors within city limits.
More important, It would alsoit would create momentum for the city's plans for Texas Stadium, which would be located near UD's Bush library. Irving officials believe that the stadium will probably be torn down and transformed into a tourist attraction after the Cowboys leave for a new home in Arlington in 2009.
"While we believe the presidential library will have some return in overnight stays and revenues, we believe its greater visitor impact will be how it influences the development surrounding the location," according to an ICVB memo from last fall.
Regardless of whether the library lands in Irving, Ms. Gast said, publicizing the UD project allows investors and developers to learn more about Irving, which will help stadium redevelopment.
"How do we make the most of it, in terms of economic development?," Ms. Gast said. "How do we make the most of what can be an incredible asset?."
Other assets
UD may still be in the hunt for other reasons.
Some point to the scenery of the university's land, which offers views of area skylines. First lady Laura Bush is reportedly fond of the UD land. Others say the location – near highways and D/FW International Airport – is a factor. And some point to the fact that the university is flying under the radar, keeping a low profile in the intensifying public relations battle.
The documents show that both city and university officials have left no rock unturned in their effort to gather nuggets to help sell the library. They've tried to capitalize on its location and assets in and near the city, including the Boy Scouts of America headquarters.
Also among the discussions: Creating a list charting strengths and weaknesses of each site. Finding an available Web site address for the library. And dealing with a subpoena to view the UD plans: "We are taking legal steps to 'quash' this request to disclose our proposal for public scrutiny," according to an e-mail sent to Irving and UD officials.
At one point last year, while Arlington was still in the hunt for the library, officials talked about sending "a spy" to Arlington City Council meetings to monitor what the library proposal discussions.
The e-mails also indicated the that the city has consulted with Skip Rutherford, chairman of the foundation behind Bill Clinton's library, about traffic counts and counting travelers from out of state.
Also among the documents: City and tourism officials expressed concerns last summer that the city "has an opportunity to be a little more visible in the bid than we have been to date."
"The SMU president is talking pretty openly about their project, and getting all of the coverage, while we are still having to remain silent," Ms. Gast later wrote in an e-mail to Mr. Gears. She wanted the city and university to get more aggressive on the matter.
Mr. Galecke is confident so far with the university's public relations campaign.
"We are responding to the committee's desires to be private, and that's where we're maintaining our position," he said.
For now, Irving and UD wait for a decision. Both city and university officials seem confident they've offered their best sales pitch.
"At the end of the day, have we done everything we can?" Ms. Gast asked. "I think we have. Absolutely."
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- TexasStooge
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2-alarm blaze damages Southlake home
SOUTHLAKE, Texas (WFAA ABC 8) - A two-story Southlake home was heavily damaged in a two-alarm fire Wednesday afternoon.
Cpl. Mike Bedrich, a spokesman for the Southlake Department of Public Safety, said crews responded to the fire around 1:30 p.m. in the 1200 block of Ridgewood Circle, off West Continental Boulevard.
Firefighters from Westlake, Keller and Trophy Club also assisted in battling the smoke and flames, Bedrich said.
Aerial views showed that a portion of the home's roof had collapsed as a result of the blaze.
The fire occurred in a neighborhood of homes built in the late 1970s and early 1980s on larger plots of land than those typically found in Southlake's newer subdivisions.
SOUTHLAKE, Texas (WFAA ABC 8) - A two-story Southlake home was heavily damaged in a two-alarm fire Wednesday afternoon.
Cpl. Mike Bedrich, a spokesman for the Southlake Department of Public Safety, said crews responded to the fire around 1:30 p.m. in the 1200 block of Ridgewood Circle, off West Continental Boulevard.
Firefighters from Westlake, Keller and Trophy Club also assisted in battling the smoke and flames, Bedrich said.
Aerial views showed that a portion of the home's roof had collapsed as a result of the blaze.
The fire occurred in a neighborhood of homes built in the late 1970s and early 1980s on larger plots of land than those typically found in Southlake's newer subdivisions.
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Police find body of missing Plano woman
By MARY ANN RAZZUK / WFAA ABC 8
GARLAND, Texas - Authorities have found the body of 62-year-old Ellen Hancock whose son has been charged with her murder.
The body was found in Lake Ray Hubbard wrapped in black plastic bags. Police suspect she was stabbed.
Paul Hancock denies the allegations against him.
Police have been hunting for the Plano woman since she went missing from her apartment last November.
Paul Hancock was detained shortly after reporting her disappearance.
Melinda Smith, Ellen Hancock's daughter, said she wanted to thank everybody who had helped in the search.
By MARY ANN RAZZUK / WFAA ABC 8
GARLAND, Texas - Authorities have found the body of 62-year-old Ellen Hancock whose son has been charged with her murder.
The body was found in Lake Ray Hubbard wrapped in black plastic bags. Police suspect she was stabbed.
Paul Hancock denies the allegations against him.
Police have been hunting for the Plano woman since she went missing from her apartment last November.
Paul Hancock was detained shortly after reporting her disappearance.
Melinda Smith, Ellen Hancock's daughter, said she wanted to thank everybody who had helped in the search.
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- TexasStooge
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Passengers shaken up in DART accident
CARROLLTON, Texas (WFAA ABC 8) - Eight people were taken to area hospitals following an accident involving a DART bus in Carrollton Wednesday afternoon.
The incident occurred at Belt Line Road and John Connally drive around midday.
DART spokesman Morgan Lyons said the bus driver was forced to take evasive action to avoid hitting a truck that pulled in front of it, jostling a number of passengers
Eight people on the bus requested medical attention and were transported to hospitals. No injuries were serious enough to require a hospital stay.
DART police were investigating the circumstances of the accident.
CARROLLTON, Texas (WFAA ABC 8) - Eight people were taken to area hospitals following an accident involving a DART bus in Carrollton Wednesday afternoon.
The incident occurred at Belt Line Road and John Connally drive around midday.
DART spokesman Morgan Lyons said the bus driver was forced to take evasive action to avoid hitting a truck that pulled in front of it, jostling a number of passengers
Eight people on the bus requested medical attention and were transported to hospitals. No injuries were serious enough to require a hospital stay.
DART police were investigating the circumstances of the accident.
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Fire leaves 3 families homeless
By CYNTHIA VEGA / WFAA ABC 8
DALLAS, Texas - Three families were displaced in a two-alarm fire at an apartment complex in Northeast Dallas Wednesday morning.
The fire, at the Trimark Landing Apartments in the 9400 block of Forest Spring Drive, broke out about 8 a.m. Firefighters faced heavy smoke upon arrival.
Aerial views of the scene showed that a portion of the roof collapsed.
Tenants knew something was wrong. "They saw it, and they ran out and told someone that was either going to work or something to call 911," said Dallas Fire-Rescue Deputy Chief Michael Price.
The fire was reported under control within 30 minutes. No one was hurt.
But one townhome was a total loss and two others suffered heavy smoke and water damage. Ten tenants—including some small children—found themselves homeless. The American Red Cross stepped in to assist the affected tenants.
Investigators said it appeared that the fire was spakred by an electrical malfunction in a second floor attic area.
"We got a quick notification on the fire," Chief Price said, adding that gave firefighters a critical jump on being able to contain the flames.
Records show the apartments, near the intersection of Forest Lane and Abrams Road in Northeast Dallas, were built in 1971 and remodeled 13 years ago.
By CYNTHIA VEGA / WFAA ABC 8
DALLAS, Texas - Three families were displaced in a two-alarm fire at an apartment complex in Northeast Dallas Wednesday morning.
The fire, at the Trimark Landing Apartments in the 9400 block of Forest Spring Drive, broke out about 8 a.m. Firefighters faced heavy smoke upon arrival.
Aerial views of the scene showed that a portion of the roof collapsed.
Tenants knew something was wrong. "They saw it, and they ran out and told someone that was either going to work or something to call 911," said Dallas Fire-Rescue Deputy Chief Michael Price.
The fire was reported under control within 30 minutes. No one was hurt.
But one townhome was a total loss and two others suffered heavy smoke and water damage. Ten tenants—including some small children—found themselves homeless. The American Red Cross stepped in to assist the affected tenants.
Investigators said it appeared that the fire was spakred by an electrical malfunction in a second floor attic area.
"We got a quick notification on the fire," Chief Price said, adding that gave firefighters a critical jump on being able to contain the flames.
Records show the apartments, near the intersection of Forest Lane and Abrams Road in Northeast Dallas, were built in 1971 and remodeled 13 years ago.
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Man guilty of evidence tampering in Colleyville burial
By DEBRA DENNIS / The Dallas Morning News
FORT WORTH, Texas – A Tarrant County jury Wednesday morning found a Colleyville man guilty of tampering with evidence related to the burial of his step-grandfather in a septic tank.
Kevin Rotenberry, 31, was accused of hiding evidence that his step-grandfather was buried behind the family's Colleyville home.
The punishment phase of the trial is scheduled to start at 1 p.m. Mr. Rotenberry faces up to 10 years in prison and a $10,000 fine.
Investigators believe Patrick Cunningham was killed in 1996 and that Mr. Rotenberry denied knowing his whereabouts.
"There was at least one person who knew where he was, and that was the defendant," prosecutor Christy Jack told jurors during opening statements. "His secret lay in the back yard. Birthdays came and went. His driver's license never renewed. That secret continued, and months became years."
Peggy Cunningham, Mr. Cunningham's wife and Mr. Rotenberry's grandmother, filed for divorce. Prosecutors said Mrs. Cunningham, who has since died, poisoned Mr. Cunningham.
Gossip about Mr. Cunningham was leaked to authorities in 2003 and 2004.
By March 31, 2004, investigators focused their investigation on Mr. Rotenberry. He led them to an abandoned septic tank at his family's home in the 700 block of Colleyville Terrace.
Defense attorney Michael Ware said that not only did his client not hide evidence, he cooperated with authorities by leading them to Mr. Cunningham's remains.
"How can you conceal when you already know where it is," Mr. Ware said. "In fact, he told in an extensive interview where the body was."
Mr. Ware told the jury that Mr. Cunningham was an abusive husband who also sexually assaulted his wife.
Mr. Cunningham was arrested after a domestic dispute with his wife in June 1996 and disappeared two months later. He was 56 at the time.
"Patrick Cunningham had beat the tar out of her on many occasions," Mr. Ware said.
Mrs. Cunningham's family grew weary of the beatings, and she killed her husband, he said. She called on her grandson to hide the body, Mr. Ware said.
"He took the body and put it in the septic tank," Mr. Ware said. "He's not charged with that."
No one has been charged with killing Mr. Cunningham.
Sgt. Keith Denning of the Texas Rangers testified Tuesday that the septic tank's lid was heavy and probably placed there by at least two people.
"It took me and two others to push it out of the way," Sgt. Denning said.
A wedding ring, clothing, gum wrapper and a few coins were recovered along with Mr. Cunningham's remains, Sgt. Denning said.
Investigators were prepared to dig up the entire back yard of the half-acre lot, he said.
By DEBRA DENNIS / The Dallas Morning News
FORT WORTH, Texas – A Tarrant County jury Wednesday morning found a Colleyville man guilty of tampering with evidence related to the burial of his step-grandfather in a septic tank.
Kevin Rotenberry, 31, was accused of hiding evidence that his step-grandfather was buried behind the family's Colleyville home.
The punishment phase of the trial is scheduled to start at 1 p.m. Mr. Rotenberry faces up to 10 years in prison and a $10,000 fine.
Investigators believe Patrick Cunningham was killed in 1996 and that Mr. Rotenberry denied knowing his whereabouts.
"There was at least one person who knew where he was, and that was the defendant," prosecutor Christy Jack told jurors during opening statements. "His secret lay in the back yard. Birthdays came and went. His driver's license never renewed. That secret continued, and months became years."
Peggy Cunningham, Mr. Cunningham's wife and Mr. Rotenberry's grandmother, filed for divorce. Prosecutors said Mrs. Cunningham, who has since died, poisoned Mr. Cunningham.
Gossip about Mr. Cunningham was leaked to authorities in 2003 and 2004.
By March 31, 2004, investigators focused their investigation on Mr. Rotenberry. He led them to an abandoned septic tank at his family's home in the 700 block of Colleyville Terrace.
Defense attorney Michael Ware said that not only did his client not hide evidence, he cooperated with authorities by leading them to Mr. Cunningham's remains.
"How can you conceal when you already know where it is," Mr. Ware said. "In fact, he told in an extensive interview where the body was."
Mr. Ware told the jury that Mr. Cunningham was an abusive husband who also sexually assaulted his wife.
Mr. Cunningham was arrested after a domestic dispute with his wife in June 1996 and disappeared two months later. He was 56 at the time.
"Patrick Cunningham had beat the tar out of her on many occasions," Mr. Ware said.
Mrs. Cunningham's family grew weary of the beatings, and she killed her husband, he said. She called on her grandson to hide the body, Mr. Ware said.
"He took the body and put it in the septic tank," Mr. Ware said. "He's not charged with that."
No one has been charged with killing Mr. Cunningham.
Sgt. Keith Denning of the Texas Rangers testified Tuesday that the septic tank's lid was heavy and probably placed there by at least two people.
"It took me and two others to push it out of the way," Sgt. Denning said.
A wedding ring, clothing, gum wrapper and a few coins were recovered along with Mr. Cunningham's remains, Sgt. Denning said.
Investigators were prepared to dig up the entire back yard of the half-acre lot, he said.
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[quote="TexasStooge"]Fire leaves 3 families homeless
By CYNTHIA VEGA / WFAA ABC 8
DALLAS, Texas - Three families were displaced in a two-alarm fire at an apartment complex in Northeast Dallas Wednesday morning.
The fire, at the Trimark Landing Apartments in the 9400 block of Forest Spring Drive, broke out about 8 a.m. Firefighters faced heavy smoke upon arrival.
Aerial views of the scene showed that a portion of the roof collapsed.
Tenants knew something was wrong. "They saw it, and they ran out and told someone that was either going to work or something to call 911," said Dallas Fire-Rescue Deputy Chief Michael Price.
The fire was reported under control within 30 minutes. No one was hurt.
But one townhome was a total loss and two others suffered heavy smoke and water damage. Ten tenants—including some small children—found themselves homeless. The American Red Cross stepped in to assist the affected tenants.
Investigators said it appeared that the fire was spakred by an electrical malfunction in a second floor attic area.
"We got a quick notification on the fire," Chief Price said, adding that gave firefighters a critical jump on being able to contain the flames.
Records show the apartments, near the intersection of Forest Lane and Abrams Road in Northeast Dallas, were built in 1971 and remodeled 13 years ago.[/quote
lets pray for them
By CYNTHIA VEGA / WFAA ABC 8
DALLAS, Texas - Three families were displaced in a two-alarm fire at an apartment complex in Northeast Dallas Wednesday morning.
The fire, at the Trimark Landing Apartments in the 9400 block of Forest Spring Drive, broke out about 8 a.m. Firefighters faced heavy smoke upon arrival.
Aerial views of the scene showed that a portion of the roof collapsed.
Tenants knew something was wrong. "They saw it, and they ran out and told someone that was either going to work or something to call 911," said Dallas Fire-Rescue Deputy Chief Michael Price.
The fire was reported under control within 30 minutes. No one was hurt.
But one townhome was a total loss and two others suffered heavy smoke and water damage. Ten tenants—including some small children—found themselves homeless. The American Red Cross stepped in to assist the affected tenants.
Investigators said it appeared that the fire was spakred by an electrical malfunction in a second floor attic area.
"We got a quick notification on the fire," Chief Price said, adding that gave firefighters a critical jump on being able to contain the flames.
Records show the apartments, near the intersection of Forest Lane and Abrams Road in Northeast Dallas, were built in 1971 and remodeled 13 years ago.[/quote
lets pray for them
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Spa closed for allegedly offering sexual acts
By STEVE STOLER / WFAA ABC 8
MCKINNEY, Texas - Some customers who visit an upscale shopping center for spa treatments could have also allegedly bargained for a lot more.
Police said the spa offers illegal sexual acts.
McKinney police said they sent undercover officers into Tokyo Massage and Spa three different times. They claimed the first officer received a legal massage, but said on subsequent visits the women doing the massaging offered them sexual contact for tips.
Business owners said they were surprised the business was located in the strip mall at El Dorado Parkway and Hardin Boulevard, which is right in the middle of suburbia.
"This neighborhood is quite an affluent neighborhood and well established," said Dr. Kevin Thomson, McKinney vetenarian. "We have excellent clientele, so to see something like this it's pretty much a surprise."
Shoppers in the area said they were surprised as well.
"It's a family place really," said shopper Dorothy Spagnola. "There are all families and children around [and] schools not too far from here."
Police arrested two women, Maggie Ye and Hong Zhao, and they face prostitution charges. The owner, Yiqing Tian, faces felony charges for promoting prostitution.
City officials quickly closed down the business after the raid.
"Obviously, when they got their certificate of occupancy it was for one type of business and what they were actually running was...a sexually oriented business," said Randy Roland, McKinney Police Department.
McKinney police said as the city grows, so does the number of vice crimes.
"I'm a little bit disappointed," Thomson said. "It's obviously too close to my business."
By STEVE STOLER / WFAA ABC 8
MCKINNEY, Texas - Some customers who visit an upscale shopping center for spa treatments could have also allegedly bargained for a lot more.
Police said the spa offers illegal sexual acts.
McKinney police said they sent undercover officers into Tokyo Massage and Spa three different times. They claimed the first officer received a legal massage, but said on subsequent visits the women doing the massaging offered them sexual contact for tips.
Business owners said they were surprised the business was located in the strip mall at El Dorado Parkway and Hardin Boulevard, which is right in the middle of suburbia.
"This neighborhood is quite an affluent neighborhood and well established," said Dr. Kevin Thomson, McKinney vetenarian. "We have excellent clientele, so to see something like this it's pretty much a surprise."
Shoppers in the area said they were surprised as well.
"It's a family place really," said shopper Dorothy Spagnola. "There are all families and children around [and] schools not too far from here."
Police arrested two women, Maggie Ye and Hong Zhao, and they face prostitution charges. The owner, Yiqing Tian, faces felony charges for promoting prostitution.
City officials quickly closed down the business after the raid.
"Obviously, when they got their certificate of occupancy it was for one type of business and what they were actually running was...a sexually oriented business," said Randy Roland, McKinney Police Department.
McKinney police said as the city grows, so does the number of vice crimes.
"I'm a little bit disappointed," Thomson said. "It's obviously too close to my business."
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Suspicious package closes DART rail station
By PAUL MEYER / The Dallas Morning News
DALLAS, Texas - A suspicious package, which was discovered Wednesday afternoon near the Dallas Convention Center and forced DART to close its rail station, turned out to be a TXU radio receiver.
Morgan Lyons, a spokesman for Dallas Area Rapid Transit, said the package appeared to have exposed PVC piping and was discovered around 4:45 p.m. near electric meters on Lamar Street, about 25 feet from the downtown station.
The bomb scare lasted around 3 hours and a robot was sent to probe the package that proved harmless.
Buses helped get customers to their trains without passing through the convention center station.
By PAUL MEYER / The Dallas Morning News
DALLAS, Texas - A suspicious package, which was discovered Wednesday afternoon near the Dallas Convention Center and forced DART to close its rail station, turned out to be a TXU radio receiver.
Morgan Lyons, a spokesman for Dallas Area Rapid Transit, said the package appeared to have exposed PVC piping and was discovered around 4:45 p.m. near electric meters on Lamar Street, about 25 feet from the downtown station.
The bomb scare lasted around 3 hours and a robot was sent to probe the package that proved harmless.
Buses helped get customers to their trains without passing through the convention center station.
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BREAKING NEWS: Traffic
DALLAS, Texas (WFAA ABC 8) - A tractor trailer has overturned on northbound I-35E on the Trinity River Bridge past Colorado Boulevard. Only the right lane is getting by.
Live Dallas/Ft. Worth Traffic Reports from Traffic Pulse
DALLAS, Texas (WFAA ABC 8) - A tractor trailer has overturned on northbound I-35E on the Trinity River Bridge past Colorado Boulevard. Only the right lane is getting by.
Live Dallas/Ft. Worth Traffic Reports from Traffic Pulse
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Lubbock man executed for death of toddler
HUNTSVILLE, Texas (WFAA ABC 8/AP) – A Lubbock man was executed Wednesday night for the April 1997 beating death of his girlfriend's 2-year-old daughter.
"To everybody on both sides of that wall, I want you to know that I love you both," Robert Salazar Jr., said in a final statement, acknowledging his family and Adriana Gomez's mother and other relatives who were there as witnesses. He looked toward his family during his remarks.
"I am sorry that the child had to lose her life, but I should not have to be here. Tell my family I love them all and I will see them in heaven. Come home when you can."
Salazar was pronounced dead at 6:20 p.m., seven minutes after the lethal dose began to flow.
Salazar, 27, was the sixth prisoner put to death this year in Texas and the second of four scheduled this month in the nation's busiest capital punishment state.
Salazar told police he just wanted Adriana, whom he was baby-sitting, to stop crying. So he pushed her with the back of his hand, causing her to fall down in a bathtub and hit her head.
"I did not mean to hurt Adriana," Salazar told police in a statement after his arrest for the girl's death in her Lubbock home. "I don't want people to think I'm a bad person for what I did."
But authorities said Salazar did more than push the toddler. In a violent rage, he inflicted injuries on Adriana that a pathologist who testified at his trial said were worse than those suffered by victims of auto accidents.
The Texas Board of Pardons and Paroles on Monday rejected requests to commute Salazar's sentence to life or halt the execution. The Texas Court of Criminal Appeals and the 5th U.S. Circuit Court of Appeals turned down requests by Salazar's attorney, Michael Charlton, to stop the execution based on claims the inmate is mentally retarded. There were no appeals to the U.S. Supreme Court.
Authorities said Salazar delivered at least three life-threatening injuries to the girl: a blow to the head that left it feeling like gelatin, a blow to her chest that left her heart on the verge of rupturing and a blow to her abdomen that pushed internal organs against her backbone.
"Salazar destroyed that little girl's body, just destroyed it," said Rusty Ladd, who helped prosecute the case for the Lubbock County District Attorney's Office.
Salazar began dating Adriana's mother, Raylene Blakeburn, in 1996. He took care of the toddler while her mother worked. Blakeburn told authorities Salazar had abused her daughter several other times.
After beating her, Salazar left Adriana in the crib at her Lubbock home and went to his mother's house to drink beer with a friend. Adriana's mother found her when she got home from work and took her to a hospital, where she died a few hours later.
Salazar, 18 at the time of his crime, refused a request from The Associated Press for an interview in the weeks before his scheduled execution.
Philip Wischkaemper, Salazar's defense attorney during his 1999 trial, said the inmate's mental retardation is behind his lack of remorse. He also said Salazar was severely abused and neglected as a child by his father. The mental retardation issue was not brought up during Salazar's trial.
"We know mentally retarded people have difficulty showing emotion," said Wischkaemper, who added tests have shown that Salazar's IQ is probably under 75. The threshold for mental retardation is 70.
In 2002, the Supreme Court barred executions of the mentally retarded, on grounds they violated the constitutional ban on cruel and unusual punishment.
Wade Jackson, first assistant district attorney for Lubbock County, said other tests have shown that Salazar's IQ is as high as 102.
Wischkaemper said Salazar was condemned partly because jurors at his trial were misinformed by someone on the panel that he could have been released on parole in 20 to 25 years instead of the actual 40 if sentenced to life in prison.
Ladd, now a judge in Lubbock, said it was the brutal nature of the crime that ultimately determined the jury's decision.
"I've never shed tears over a victim the way I did over that little girl," Ladd said.
Next on the execution schedule is Raymond Martinez, condemned for the 1983 shooting death of a Houston bar owner during a robbery. He is set to be executed Tuesday.
HUNTSVILLE, Texas (WFAA ABC 8/AP) – A Lubbock man was executed Wednesday night for the April 1997 beating death of his girlfriend's 2-year-old daughter.
"To everybody on both sides of that wall, I want you to know that I love you both," Robert Salazar Jr., said in a final statement, acknowledging his family and Adriana Gomez's mother and other relatives who were there as witnesses. He looked toward his family during his remarks.
"I am sorry that the child had to lose her life, but I should not have to be here. Tell my family I love them all and I will see them in heaven. Come home when you can."
Salazar was pronounced dead at 6:20 p.m., seven minutes after the lethal dose began to flow.
Salazar, 27, was the sixth prisoner put to death this year in Texas and the second of four scheduled this month in the nation's busiest capital punishment state.
Salazar told police he just wanted Adriana, whom he was baby-sitting, to stop crying. So he pushed her with the back of his hand, causing her to fall down in a bathtub and hit her head.
"I did not mean to hurt Adriana," Salazar told police in a statement after his arrest for the girl's death in her Lubbock home. "I don't want people to think I'm a bad person for what I did."
But authorities said Salazar did more than push the toddler. In a violent rage, he inflicted injuries on Adriana that a pathologist who testified at his trial said were worse than those suffered by victims of auto accidents.
The Texas Board of Pardons and Paroles on Monday rejected requests to commute Salazar's sentence to life or halt the execution. The Texas Court of Criminal Appeals and the 5th U.S. Circuit Court of Appeals turned down requests by Salazar's attorney, Michael Charlton, to stop the execution based on claims the inmate is mentally retarded. There were no appeals to the U.S. Supreme Court.
Authorities said Salazar delivered at least three life-threatening injuries to the girl: a blow to the head that left it feeling like gelatin, a blow to her chest that left her heart on the verge of rupturing and a blow to her abdomen that pushed internal organs against her backbone.
"Salazar destroyed that little girl's body, just destroyed it," said Rusty Ladd, who helped prosecute the case for the Lubbock County District Attorney's Office.
Salazar began dating Adriana's mother, Raylene Blakeburn, in 1996. He took care of the toddler while her mother worked. Blakeburn told authorities Salazar had abused her daughter several other times.
After beating her, Salazar left Adriana in the crib at her Lubbock home and went to his mother's house to drink beer with a friend. Adriana's mother found her when she got home from work and took her to a hospital, where she died a few hours later.
Salazar, 18 at the time of his crime, refused a request from The Associated Press for an interview in the weeks before his scheduled execution.
Philip Wischkaemper, Salazar's defense attorney during his 1999 trial, said the inmate's mental retardation is behind his lack of remorse. He also said Salazar was severely abused and neglected as a child by his father. The mental retardation issue was not brought up during Salazar's trial.
"We know mentally retarded people have difficulty showing emotion," said Wischkaemper, who added tests have shown that Salazar's IQ is probably under 75. The threshold for mental retardation is 70.
In 2002, the Supreme Court barred executions of the mentally retarded, on grounds they violated the constitutional ban on cruel and unusual punishment.
Wade Jackson, first assistant district attorney for Lubbock County, said other tests have shown that Salazar's IQ is as high as 102.
Wischkaemper said Salazar was condemned partly because jurors at his trial were misinformed by someone on the panel that he could have been released on parole in 20 to 25 years instead of the actual 40 if sentenced to life in prison.
Ladd, now a judge in Lubbock, said it was the brutal nature of the crime that ultimately determined the jury's decision.
"I've never shed tears over a victim the way I did over that little girl," Ladd said.
Next on the execution schedule is Raymond Martinez, condemned for the 1983 shooting death of a Houston bar owner during a robbery. He is set to be executed Tuesday.
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Drug law called 'better on paper'
State acknowledges not checking stores' records in anti-meth campaign
By DAVE MICHAELS / The Dallas Morning News
AUSTIN, Texas – Eight months after legislators moved to crack down on methamphetamine, state regulators haven't inspected a single pharmacy or convenience store to check whether retailers are recording who buys drugs that contain meth ingredients.
A tough new law was meant to track repeat buyers of over-the-counter drugs containing pseudoephedrine, which are used to make meth. Lawmakers said they believed that meth cooks would stop buying precursor drugs such as Sudafed if they had to show identification.
But the logs are handwritten, making a systematic check of buyers across a region impossible. And state regulators, such as those from the Texas State Board of Pharmacy, acknowledge that they haven't checked handwritten logs, which are piling up in pharmacies across the state.
"It is one of those things that probably sounded better on paper than it does in action," said Jim Martin, executive director of the Texas Pharmacy Association. "I am not even sure who is regulating or inspecting the thing."
Karen Tannert, chief pharmacist for the Department of State Health Services, said health inspectors would begin examining the logs once the agency approves its rules for enforcing the law.
"We just have not gotten that far," said "This is a brand new program. When you start at the bottom floor, you have the build the program."
Under the law, customers with allergies or colds are forced to wait at the pharmacy to get the drugs, can buy only limited quantities, and must provide their names and driver's license numbers. Patricia Cochran, a pharmacist at Highland Park Pharmacy, described the law as a nuisance.
Some customers think she's kidding when she asks them for information, she said.
"I had one guy from South Carolina, and he thought we were crazy Texans," Ms. Cochran said. "I said, 'Well, leave it up to Texans to do something like this.' "
An increasing number of states are passing similar restrictions, however.
At Nau's Enfield Drug in Austin, pharmacist Richard Stymans flipped through a green book inked with customers' names and driver's license numbers. Even as customers have gotten used to the practice – at first, "it was like shooting the messenger," he said – inspectors haven't checked them.
"They are just stacking up," Mr. Stymans said.
Some pharmacists said an electronic database of purchases would be more useful.
"We found there is so much that could go wrong with a paper log, both in accuracy and in terms of maintaining it," said Kevin Gardner, a spokesman for Wal-Mart, the only pharmacy known to keep electronic records of purchases. "An electronic log makes for a faster transaction for our customers and a more accurate database that law enforcement can use."
Oklahoma, a hotbed of the meth trade, will launch a statewide database this summer.
Although Texas has no immediate plans to abandon the paper trail, Rep. Leo Berman, the lawmaker who wrote the tougher meth law, said he has talked to a Kentucky company that offers software to track buyers through data encoded on driver's licenses.
Texas law prohibits customers from buying more than two packages at a time. A store cannot sell more than 9 grams of pseudoephedrine – about 300 pills – to a single customer during a 30-day period. The USA Patriot Act, renewed this month by Congress, contains an anti-methamphetamine provision that limits consumers to buying 120 pills a day.
Gay Dodson, executive director of the Texas State Board of Pharmacy, said she believed that most pharmacies are complying with the law's requirements. But by imposing the selling limits on retailers, the law leaves the door open to people buying from multiple retailers.
"The way the Texas law is written, you could go in every day and buy," Ms. Dodson said.
Police agencies, which pressed for the new regulations, said the logs have been useful for their investigations.
A Department of Public Safety official said Wednesday that investigators studied logs to show that one suspect bought multiple packages of the drugs in pharmacies ranging from Marble Falls to Georgetown. The DPS would not reveal any more about the case because it is an active investigation, said Capt. John Cottle, narcotics commander of DPS' Austin region.
"Where we've had reports of meth labs and responded to meth labs, we start targeting those retailers or pharmacies in those areas and start looking at those logs," Capt. Cottle said.
DEA officials said the majority of criminal cases against retailers have involved convenience stores. Under Texas law, the stores must have a certificate to sell products containing pseudoephedrine and ephedrine, another decongestant that, in higher doses, can be abused as a stimulant.
Like pharmacies, convenience stores have moved drugs containing pseudoephedrine behind the counter. But many stores are selling the drugs without a permit, and the agency responsible for monitoring them hasn't inspected any stores.
Mr. Berman said he was frustrated by the delay in checking logs but was told by state officials that rules to implement the law would be final in May.
"They could not tell me why it takes eight months," the Tyler Republican said. "But many things will change dramatically once the rules are implemented."
At several convenience stores in Austin and Dallas, employees admitted they do not keep the logs. They professed ignorance about the new regulations and wondered aloud whether they were allowed to sell the products.
At a Shell Food Mart in east Austin, a store supervisor said he would stop selling cold and allergy medicine if he had to ask customers for a driver's license.
"It's a convenience store – it's supposed to be convenient," Karim Maredia said. "They don't want all that hassle."
Some pharmacists also view the regulations as irritating and pointless because regulators are not checking them.
"The only reason they are doing it is to make the Legislature look good," said a pharmacist at a Sav-On store in Austin who declined to give her name because her employer did not authorize her to speak publicly.
But Mr. Stymans said he believes the law is making the state safer. The log scared off some customers he suspected of wanting allergy tablets to make meth, he said.
"We told them they'd need to show ID and sign their name," he said. "We haven't seen them since."
Staff writer Scott Goldstein in Dallas contributed to this report.
State acknowledges not checking stores' records in anti-meth campaign
By DAVE MICHAELS / The Dallas Morning News
AUSTIN, Texas – Eight months after legislators moved to crack down on methamphetamine, state regulators haven't inspected a single pharmacy or convenience store to check whether retailers are recording who buys drugs that contain meth ingredients.
A tough new law was meant to track repeat buyers of over-the-counter drugs containing pseudoephedrine, which are used to make meth. Lawmakers said they believed that meth cooks would stop buying precursor drugs such as Sudafed if they had to show identification.
But the logs are handwritten, making a systematic check of buyers across a region impossible. And state regulators, such as those from the Texas State Board of Pharmacy, acknowledge that they haven't checked handwritten logs, which are piling up in pharmacies across the state.
"It is one of those things that probably sounded better on paper than it does in action," said Jim Martin, executive director of the Texas Pharmacy Association. "I am not even sure who is regulating or inspecting the thing."
Karen Tannert, chief pharmacist for the Department of State Health Services, said health inspectors would begin examining the logs once the agency approves its rules for enforcing the law.
"We just have not gotten that far," said "This is a brand new program. When you start at the bottom floor, you have the build the program."
Under the law, customers with allergies or colds are forced to wait at the pharmacy to get the drugs, can buy only limited quantities, and must provide their names and driver's license numbers. Patricia Cochran, a pharmacist at Highland Park Pharmacy, described the law as a nuisance.
Some customers think she's kidding when she asks them for information, she said.
"I had one guy from South Carolina, and he thought we were crazy Texans," Ms. Cochran said. "I said, 'Well, leave it up to Texans to do something like this.' "
An increasing number of states are passing similar restrictions, however.
At Nau's Enfield Drug in Austin, pharmacist Richard Stymans flipped through a green book inked with customers' names and driver's license numbers. Even as customers have gotten used to the practice – at first, "it was like shooting the messenger," he said – inspectors haven't checked them.
"They are just stacking up," Mr. Stymans said.
Some pharmacists said an electronic database of purchases would be more useful.
"We found there is so much that could go wrong with a paper log, both in accuracy and in terms of maintaining it," said Kevin Gardner, a spokesman for Wal-Mart, the only pharmacy known to keep electronic records of purchases. "An electronic log makes for a faster transaction for our customers and a more accurate database that law enforcement can use."
Oklahoma, a hotbed of the meth trade, will launch a statewide database this summer.
Although Texas has no immediate plans to abandon the paper trail, Rep. Leo Berman, the lawmaker who wrote the tougher meth law, said he has talked to a Kentucky company that offers software to track buyers through data encoded on driver's licenses.
Texas law prohibits customers from buying more than two packages at a time. A store cannot sell more than 9 grams of pseudoephedrine – about 300 pills – to a single customer during a 30-day period. The USA Patriot Act, renewed this month by Congress, contains an anti-methamphetamine provision that limits consumers to buying 120 pills a day.
Gay Dodson, executive director of the Texas State Board of Pharmacy, said she believed that most pharmacies are complying with the law's requirements. But by imposing the selling limits on retailers, the law leaves the door open to people buying from multiple retailers.
"The way the Texas law is written, you could go in every day and buy," Ms. Dodson said.
Police agencies, which pressed for the new regulations, said the logs have been useful for their investigations.
A Department of Public Safety official said Wednesday that investigators studied logs to show that one suspect bought multiple packages of the drugs in pharmacies ranging from Marble Falls to Georgetown. The DPS would not reveal any more about the case because it is an active investigation, said Capt. John Cottle, narcotics commander of DPS' Austin region.
"Where we've had reports of meth labs and responded to meth labs, we start targeting those retailers or pharmacies in those areas and start looking at those logs," Capt. Cottle said.
DEA officials said the majority of criminal cases against retailers have involved convenience stores. Under Texas law, the stores must have a certificate to sell products containing pseudoephedrine and ephedrine, another decongestant that, in higher doses, can be abused as a stimulant.
Like pharmacies, convenience stores have moved drugs containing pseudoephedrine behind the counter. But many stores are selling the drugs without a permit, and the agency responsible for monitoring them hasn't inspected any stores.
Mr. Berman said he was frustrated by the delay in checking logs but was told by state officials that rules to implement the law would be final in May.
"They could not tell me why it takes eight months," the Tyler Republican said. "But many things will change dramatically once the rules are implemented."
At several convenience stores in Austin and Dallas, employees admitted they do not keep the logs. They professed ignorance about the new regulations and wondered aloud whether they were allowed to sell the products.
At a Shell Food Mart in east Austin, a store supervisor said he would stop selling cold and allergy medicine if he had to ask customers for a driver's license.
"It's a convenience store – it's supposed to be convenient," Karim Maredia said. "They don't want all that hassle."
Some pharmacists also view the regulations as irritating and pointless because regulators are not checking them.
"The only reason they are doing it is to make the Legislature look good," said a pharmacist at a Sav-On store in Austin who declined to give her name because her employer did not authorize her to speak publicly.
But Mr. Stymans said he believes the law is making the state safer. The log scared off some customers he suspected of wanting allergy tablets to make meth, he said.
"We told them they'd need to show ID and sign their name," he said. "We haven't seen them since."
Staff writer Scott Goldstein in Dallas contributed to this report.
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DPS trooper shot in East Texas
TYLER, Texas (WFAA ABC 8/AP) — A Department of Public Safety trooper was shot and wounded and two other people were injured Wednesday night when a traffic stop ended with a police chase, authorities said.
Trooper Steve Stone, of Tyler, was wounded shortly before 9:30 p.m. during a routine traffic stop on Texas Highway 31 east of Tyler. He was shot in the neck and shoulder, DPS spokeswoman Lisa Block said.
Stone had stopped two men in a blue pickup truck with Georgia registration. The trooper was attempting to take the driver into custody when the passenger opened fire, Block said.
Tyler police then chased the suspects' vehicle and exchanged gunfire with the men. The suspects' vehicle hit another vehicle and then struck a tree.
Authorities initially reported that one of the suspects was dead but later said both were alive and taken to the hospital. Their conditions weren't immediately available, Block said
Jina Gipson, a Smith County resident who lives near the scene of the wreck, said she heard 15 to 20 gunshots.
"We heard the shots firing and I heard a sound that sounded like him crashing out," she said in a story in Thursday's Tyler Morning Telegraph.
TYLER, Texas (WFAA ABC 8/AP) — A Department of Public Safety trooper was shot and wounded and two other people were injured Wednesday night when a traffic stop ended with a police chase, authorities said.
Trooper Steve Stone, of Tyler, was wounded shortly before 9:30 p.m. during a routine traffic stop on Texas Highway 31 east of Tyler. He was shot in the neck and shoulder, DPS spokeswoman Lisa Block said.
Stone had stopped two men in a blue pickup truck with Georgia registration. The trooper was attempting to take the driver into custody when the passenger opened fire, Block said.
Tyler police then chased the suspects' vehicle and exchanged gunfire with the men. The suspects' vehicle hit another vehicle and then struck a tree.
Authorities initially reported that one of the suspects was dead but later said both were alive and taken to the hospital. Their conditions weren't immediately available, Block said
Jina Gipson, a Smith County resident who lives near the scene of the wreck, said she heard 15 to 20 gunshots.
"We heard the shots firing and I heard a sound that sounded like him crashing out," she said in a story in Thursday's Tyler Morning Telegraph.
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Five injured after hit-and-run smash on I-30
By DON WALL / WFAA ABC 8
DALLAS, Texas - Police are on the scene of what appears to be a hit and run on eastbound I-30 at Lamar.
Five people are hurt on the freeway itself -- two are in critical condition.
Traffic is stalled on I-30 and into the Dallas mixmaster along I-35.
The wreck occurred at about 4:30 p.m. on Thursday afternoon.
A white SUV flipped over after it was hit by a green vehicle, a witness, Tim Moore, said.
"All of a sudden I hear a bang. A green car hits the SUV and kids are flying out."
He said he had picked up a license plate of the green car which sped off.
Five people were in the vehicle at the time - two women, a man and two babies.
-------------------------------------------------------------------------------------
Live Dallas/Ft. Worth Traffic Reports from Traffic Pulse
By DON WALL / WFAA ABC 8
DALLAS, Texas - Police are on the scene of what appears to be a hit and run on eastbound I-30 at Lamar.
Five people are hurt on the freeway itself -- two are in critical condition.
Traffic is stalled on I-30 and into the Dallas mixmaster along I-35.
The wreck occurred at about 4:30 p.m. on Thursday afternoon.
A white SUV flipped over after it was hit by a green vehicle, a witness, Tim Moore, said.
"All of a sudden I hear a bang. A green car hits the SUV and kids are flying out."
He said he had picked up a license plate of the green car which sped off.
Five people were in the vehicle at the time - two women, a man and two babies.
-------------------------------------------------------------------------------------
Live Dallas/Ft. Worth Traffic Reports from Traffic Pulse
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Fire damages Oak Cliff apartments
DALLAS, Texas (WFAA ABC 8) - Fire destroyed part of an apartment building in the South Oak Cliff section of Dallas Thursday afternoon.
The three-alarm blaze happened at the Parkwood Apartments in the 3200 block of West Pentagon Parkway.
Fire spread through the attic area of the two-story brick building. The roof collapsed in several places.
No one was hurt. Dallas Fire-Rescue investigators were working to determine the cause of the fire.
The American Red Cross was providing assistance to displaced families.
DALLAS, Texas (WFAA ABC 8) - Fire destroyed part of an apartment building in the South Oak Cliff section of Dallas Thursday afternoon.
The three-alarm blaze happened at the Parkwood Apartments in the 3200 block of West Pentagon Parkway.
Fire spread through the attic area of the two-story brick building. The roof collapsed in several places.
No one was hurt. Dallas Fire-Rescue investigators were working to determine the cause of the fire.
The American Red Cross was providing assistance to displaced families.
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Duncanville mom slain
DUNCANVILLE, Texas (WFAA ABC 8) - Duncanville police continued Thursday to investigate the slaying of a mother of three children who was found dead in her apartment.
City spokesman Keith Bilbrey said police got a call about 4:30 p.m. Wednesday from the victim’s mother, who discovered the woman’s body in a unit at the Center Ridge Apartments in the 700 block of West Center Street.
The victim, identified as Tina Walker, 36, had failed to pick up her 10-year-old son from school at 3:45 p.m., and the grandmother went to check on her after she received a call from school officials.
Bilbrey said evidence from the scene and trauma to the body led investigators to conclude Walker's death was a homicide.
“She was last with family at 6 a.m. (Wednesday) and was seen by people at the complex during the day,” he said. “She was probably killed in the afternoon.”
Investigators said the victim may have known her assailant.
Bilbrey said Walker also had a 2-year-old and a 17-year-old. None were home during the time when the mother is believed to have been killed.
All three children were in the custody of family members.
Police will return to the home Thursday for further investigation and the Dallas County medical examiner will perform an autopsy.
Anyone with information is asked to call 972-780-5037.
DUNCANVILLE, Texas (WFAA ABC 8) - Duncanville police continued Thursday to investigate the slaying of a mother of three children who was found dead in her apartment.
City spokesman Keith Bilbrey said police got a call about 4:30 p.m. Wednesday from the victim’s mother, who discovered the woman’s body in a unit at the Center Ridge Apartments in the 700 block of West Center Street.
The victim, identified as Tina Walker, 36, had failed to pick up her 10-year-old son from school at 3:45 p.m., and the grandmother went to check on her after she received a call from school officials.
Bilbrey said evidence from the scene and trauma to the body led investigators to conclude Walker's death was a homicide.
“She was last with family at 6 a.m. (Wednesday) and was seen by people at the complex during the day,” he said. “She was probably killed in the afternoon.”
Investigators said the victim may have known her assailant.
Bilbrey said Walker also had a 2-year-old and a 17-year-old. None were home during the time when the mother is believed to have been killed.
All three children were in the custody of family members.
Police will return to the home Thursday for further investigation and the Dallas County medical examiner will perform an autopsy.
Anyone with information is asked to call 972-780-5037.
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- Location: Irving (Dallas County), TX
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Dallas officer charged in solicitation case
Mom found sexual text messages on phone shared with teen
By TANYA EISERER / The Dallas Morning News
ARLINGTON, Texas - An off-duty Dallas police officer was headed to meet a 14-year-old girl in east Arlington on Wednesday morning when he was arrested and accused of sending sexually inappropriate text messages to her cellphone, authorities say.
Officer Patrick Taylor, 25, faces one count of criminal solicitation of a minor. He was held in the Arlington jail until he was freed early Thursday after posting $7,500 bail.
Officer Taylor was placed on administrative leave Wednesday afternoon. He was hired in December 2004 and is assigned to northeast patrol. He has no record of disciplinary problems.
Arlington police declined to discuss the content of the messages, saying that the investigation is continuing. Detectives planned to search Officer Taylor's Rowlett home Wednesday evening.
Lt. Blake Miller, an Arlington police spokesman, said police want to know "how long he has been contacting her and how he's been contacting her."
According to Lt. Miller, police began investigating after the girl's mother called 911 Wednesday morning to report that she had discovered inappropriate text messages on the cellphone that she shares with her daughter.
"The mother looked at the text messages, and she saw that the suspect appeared to be on the way over there," Lt. Miller said. "There were sexual type comments."
Officer Taylor was arrested about 9:20 a.m. at an apartment complex in the 1600 block of Patio Terrace, where the woman lived with her daughter.
Criminal solicitation of a minor is a second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000.
Mom found sexual text messages on phone shared with teen
By TANYA EISERER / The Dallas Morning News
ARLINGTON, Texas - An off-duty Dallas police officer was headed to meet a 14-year-old girl in east Arlington on Wednesday morning when he was arrested and accused of sending sexually inappropriate text messages to her cellphone, authorities say.
Officer Patrick Taylor, 25, faces one count of criminal solicitation of a minor. He was held in the Arlington jail until he was freed early Thursday after posting $7,500 bail.
Officer Taylor was placed on administrative leave Wednesday afternoon. He was hired in December 2004 and is assigned to northeast patrol. He has no record of disciplinary problems.
Arlington police declined to discuss the content of the messages, saying that the investigation is continuing. Detectives planned to search Officer Taylor's Rowlett home Wednesday evening.
Lt. Blake Miller, an Arlington police spokesman, said police want to know "how long he has been contacting her and how he's been contacting her."
According to Lt. Miller, police began investigating after the girl's mother called 911 Wednesday morning to report that she had discovered inappropriate text messages on the cellphone that she shares with her daughter.
"The mother looked at the text messages, and she saw that the suspect appeared to be on the way over there," Lt. Miller said. "There were sexual type comments."
Officer Taylor was arrested about 9:20 a.m. at an apartment complex in the 1600 block of Patio Terrace, where the woman lived with her daughter.
Criminal solicitation of a minor is a second-degree felony, punishable by up to 20 years in prison and a fine of up to $10,000.
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I-35 plan dooms Denton County businesses
Sites in Hickory Creek to be torn down for interstate’s expansion
By PEGGY HEINKEL-WOLFE / Denton Record-Chronicle
HICKORY CREEK, Texas — Engineers from the Dallas District of the Texas Department of Transportation told Hickory Creek residents this week that several businesses along the interstate highway in their town will have to be torn down for the highway’s widening.
The engineers showed plans and drawings of highway improvements to a standing-room-only crowd at Hickory Creek’s regular Town Council meeting Tuesday night.
During TxDOT’s presentation, residents and the council expressed concerns over the widening’s effect on Hickory Creek. Because the Union Pacific rail line runs on the Lake Dallas side of the freeway, and since that rail line cannot be touched or moved, Hickory Creek stands to lose a 140-foot-wide swath of commercial real estate through its midsection.
Construction is scheduled to begin in late 2008, and completed by 2011. The highway will be widened to six lanes, including an HOV lane in both directions.
Brian Barth, the district’s director of transportation and planning, told the council that the ability to toll State Highway 121 made it possible to move the Interstate 35E-widening project, sometimes called the 2020 Plan, to the fast track.
“It [I-35E] is the most congested road in the district, for 20 miles, and with long peak times, too,” he said.
Mayor Jeffery Price and council member Randy Wahl pressed Barth and Phillip Ullman, project engineer with HDR Engineering, for alternatives to taking so much land from Hickory Creek for the project. But, according to both engineers, the railroad’s right of way is federally protected, preventing them from taking the land on the east side of the highway, in Lake Dallas.
When asked about the possibility of double-decking the highway to avoid taking so much Hickory Creek property, officials said that option is not feasible since it is cost prohibitive and since TxDOT would still have to take 100 feet of property along the highway, to make way mostly for service roads.
“That’s a vital need,” Barth said.
Acquiring right of way would take out many smaller retail businesses along the freeway, including gas stations and restaurants, mostly along the interstate near the FM2181 interchange. But the town’s bigger businesses, including Rave Motion Pictures and Wal-Mart, would not be included in that sweep.
Hickory Creek has greatly increased its town budget in the past five years with new sales tax revenue. In 2001, the town collected more than $200,000 in sales tax. In 2005, it collected about $1.2 million. First quarter revenues for 2006 are 7.9 percent higher than the first quarter of 2005, according to town statistics.
Robert Ramirez, an attorney who has lived in Hickory Creek for the past five years, said that he’s not terribly worried about the town’s tax base, and noted no impact on his office on I-35E, which is on the Lake Dallas side. He also said he’s looking forward to relief from the congestion, which even affects locals trying to get from one side of town to the other during rush hour. But he, like many attending the meeting, is concerned about freeway noise for his Lakeview Estates home.
“It’s dependent on whether the state will put up sound-barrier walls,” he said.
Barth said TxDOT needs to do a two-part study on the feasibility of such walls; first, to measure the amount of sound to see whether special measures are warranted, and then to do a cost-benefit analysis. Those studies would be available in time for the next public hearing on the project, planned for fall.
Gary Kreaps, owner of Hickory Creek Barbeque, scheduled to be torn down, said that although he knew the widening was coming, he doesn’t know whether to believe the project is coming so fast, since as little as six months ago he figured he had five to 10 years yet.
“Both the mayors — Lake Dallas and Hickory Creek — said, ‘I wouldn’t worry about it,’” Kreaps said.
Since he leases his building and his lease is up in a year, he’s ambivalent about even staying, but one option with his leaseholder is to simply move further back on the property.
“It all depends on what they’re going to do with access and the exits on and off,” Kreaps said.
_____________________________________________________________
INTERSTATE 35E CUTS A SWATH
The following buildings and commercial property in Hickory Creek and the surrounding area will have to be torn down for the eventual widening of Interstate 35E through the area.
• Chevron gas station/McDonald’s
• Chili’s restaurant
• Discount Tire Company
• Exxon gas station/Wendy’s
• Hickory Creek Barbeque
• Old Town Hall
-------------------------------------------------------------------------------------
Live Dallas/Ft. Worth Traffic Reports from Traffic Pulse
Sites in Hickory Creek to be torn down for interstate’s expansion
By PEGGY HEINKEL-WOLFE / Denton Record-Chronicle
HICKORY CREEK, Texas — Engineers from the Dallas District of the Texas Department of Transportation told Hickory Creek residents this week that several businesses along the interstate highway in their town will have to be torn down for the highway’s widening.
The engineers showed plans and drawings of highway improvements to a standing-room-only crowd at Hickory Creek’s regular Town Council meeting Tuesday night.
During TxDOT’s presentation, residents and the council expressed concerns over the widening’s effect on Hickory Creek. Because the Union Pacific rail line runs on the Lake Dallas side of the freeway, and since that rail line cannot be touched or moved, Hickory Creek stands to lose a 140-foot-wide swath of commercial real estate through its midsection.
Construction is scheduled to begin in late 2008, and completed by 2011. The highway will be widened to six lanes, including an HOV lane in both directions.
Brian Barth, the district’s director of transportation and planning, told the council that the ability to toll State Highway 121 made it possible to move the Interstate 35E-widening project, sometimes called the 2020 Plan, to the fast track.
“It [I-35E] is the most congested road in the district, for 20 miles, and with long peak times, too,” he said.
Mayor Jeffery Price and council member Randy Wahl pressed Barth and Phillip Ullman, project engineer with HDR Engineering, for alternatives to taking so much land from Hickory Creek for the project. But, according to both engineers, the railroad’s right of way is federally protected, preventing them from taking the land on the east side of the highway, in Lake Dallas.
When asked about the possibility of double-decking the highway to avoid taking so much Hickory Creek property, officials said that option is not feasible since it is cost prohibitive and since TxDOT would still have to take 100 feet of property along the highway, to make way mostly for service roads.
“That’s a vital need,” Barth said.
Acquiring right of way would take out many smaller retail businesses along the freeway, including gas stations and restaurants, mostly along the interstate near the FM2181 interchange. But the town’s bigger businesses, including Rave Motion Pictures and Wal-Mart, would not be included in that sweep.
Hickory Creek has greatly increased its town budget in the past five years with new sales tax revenue. In 2001, the town collected more than $200,000 in sales tax. In 2005, it collected about $1.2 million. First quarter revenues for 2006 are 7.9 percent higher than the first quarter of 2005, according to town statistics.
Robert Ramirez, an attorney who has lived in Hickory Creek for the past five years, said that he’s not terribly worried about the town’s tax base, and noted no impact on his office on I-35E, which is on the Lake Dallas side. He also said he’s looking forward to relief from the congestion, which even affects locals trying to get from one side of town to the other during rush hour. But he, like many attending the meeting, is concerned about freeway noise for his Lakeview Estates home.
“It’s dependent on whether the state will put up sound-barrier walls,” he said.
Barth said TxDOT needs to do a two-part study on the feasibility of such walls; first, to measure the amount of sound to see whether special measures are warranted, and then to do a cost-benefit analysis. Those studies would be available in time for the next public hearing on the project, planned for fall.
Gary Kreaps, owner of Hickory Creek Barbeque, scheduled to be torn down, said that although he knew the widening was coming, he doesn’t know whether to believe the project is coming so fast, since as little as six months ago he figured he had five to 10 years yet.
“Both the mayors — Lake Dallas and Hickory Creek — said, ‘I wouldn’t worry about it,’” Kreaps said.
Since he leases his building and his lease is up in a year, he’s ambivalent about even staying, but one option with his leaseholder is to simply move further back on the property.
“It all depends on what they’re going to do with access and the exits on and off,” Kreaps said.
_____________________________________________________________
INTERSTATE 35E CUTS A SWATH
The following buildings and commercial property in Hickory Creek and the surrounding area will have to be torn down for the eventual widening of Interstate 35E through the area.
• Chevron gas station/McDonald’s
• Chili’s restaurant
• Discount Tire Company
• Exxon gas station/Wendy’s
• Hickory Creek Barbeque
• Old Town Hall
-------------------------------------------------------------------------------------
Live Dallas/Ft. Worth Traffic Reports from Traffic Pulse
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Woman claims assault by man in police uniform
By JASON TRAHAN / The Dallas Morning News
DALLAS, Texas - A woman has told investigators that a man who was wearing what appeared to be a police uniform pulled her over, handcuffed and raped her in downtown Dallas early Wednesday morning.
Police were summoned at 9:15 p.m. Wednesday to Parkland Memorial Hospital, where the woman was treated. She told investigators the attack took place at about 1 a.m. Wednesday.
The woman told police that while she was driving near Continental Avenue and Stemmons Freeway, a white or cream-colored car with a light on the dashboard pulled her over. A man in a uniform emerged and approached her car.
"He got information from her, went to his vehicle, came back and told her she had a warrant for her arrest," said Sgt. Gil Cerda, a Dallas police spokesman. "He told her to get out, put handcuffs on her and told her to get into his car."
He drove her to a parking lot, thought to be downtown, and raped her in his vehicle, the sergeant said. He then returned her to her car, remove the handcuffs and left.
"He was wearing a uniform, but she was not specific about whether he had a badge or not, and was not specific about whether he wore a gun or not," Sgt. Cerda said. "She couldn't tell us if he had a patch on his shirt."
The woman described her attacker as a white man, about 28 years old, 5 feet 8 inches, 150 pounds with blonde hair. The uniform was described as dark colored.
Sgt. Cerda said that the attack is not thought to be tied to a similar one on July 20 because the suspect description is different.
In that case, a woman leaving the Wal-Mart at Interstate 30 and Buckner Boulevard told police that a man driving a car with flashing lights pulled her over. He then coerced her into his "patrol car," raped her and then let her go. The man was armed with a pistol.
He was described as white, about 45 years old, 6 feet tall and about 240 pounds with a muscular build. He was wearing a black T-shirt that said "Police."
Police recommend that anyone being stopped by an unmarked vehicle head to a well-lighted area or one where other people are present. Legitimate police officers carry picture identification and are required to present this upon request.
"If you still feel unsafe, don't hesitate to call 911," Sgt. Cerda said. "Advise them you are being pulled over by a person who you believe may not be an officer, and they can verify it."
Anyone with information can call 214-671-3584.
By JASON TRAHAN / The Dallas Morning News
DALLAS, Texas - A woman has told investigators that a man who was wearing what appeared to be a police uniform pulled her over, handcuffed and raped her in downtown Dallas early Wednesday morning.
Police were summoned at 9:15 p.m. Wednesday to Parkland Memorial Hospital, where the woman was treated. She told investigators the attack took place at about 1 a.m. Wednesday.
The woman told police that while she was driving near Continental Avenue and Stemmons Freeway, a white or cream-colored car with a light on the dashboard pulled her over. A man in a uniform emerged and approached her car.
"He got information from her, went to his vehicle, came back and told her she had a warrant for her arrest," said Sgt. Gil Cerda, a Dallas police spokesman. "He told her to get out, put handcuffs on her and told her to get into his car."
He drove her to a parking lot, thought to be downtown, and raped her in his vehicle, the sergeant said. He then returned her to her car, remove the handcuffs and left.
"He was wearing a uniform, but she was not specific about whether he had a badge or not, and was not specific about whether he wore a gun or not," Sgt. Cerda said. "She couldn't tell us if he had a patch on his shirt."
The woman described her attacker as a white man, about 28 years old, 5 feet 8 inches, 150 pounds with blonde hair. The uniform was described as dark colored.
Sgt. Cerda said that the attack is not thought to be tied to a similar one on July 20 because the suspect description is different.
In that case, a woman leaving the Wal-Mart at Interstate 30 and Buckner Boulevard told police that a man driving a car with flashing lights pulled her over. He then coerced her into his "patrol car," raped her and then let her go. The man was armed with a pistol.
He was described as white, about 45 years old, 6 feet tall and about 240 pounds with a muscular build. He was wearing a black T-shirt that said "Police."
Police recommend that anyone being stopped by an unmarked vehicle head to a well-lighted area or one where other people are present. Legitimate police officers carry picture identification and are required to present this upon request.
"If you still feel unsafe, don't hesitate to call 911," Sgt. Cerda said. "Advise them you are being pulled over by a person who you believe may not be an officer, and they can verify it."
Anyone with information can call 214-671-3584.
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