Pool safety spotlighted after toddler's death
By JANET ST. JAMES / WFAA ABC 8
MCKINNEY, Texas - Parents were reminded once again of the dangers of children around pools after McKinney parents lost their toddler Tuesday night after he fell into the family swimming pool in the 2200 block of Oleander Way.
The family said they lost sight of two-year-old Osvaldo Torrez Jr. for only a moment, but authorities said that small amount of time was long enough for him to apparently drown.
Police said they are investigating the incident, but the Torrez family isn't alone. About 60 children drown every year in Texas. Those under one-years-old most often drown in bathtubs, and children one to four drown most often in pools.
In fact, drowning is the leading cause of unintentional injury death in children one to four-years-old.
The family said they had an alarm for their pool, but it ended up not being enough. However, there are other precautions parents can take to protect children around pools.
At the Emler Swim School, there is one lesson that teachers make sure their toddler students learn first.
"If you ever fall in, what do you got to do?" "Just turn around and get on the wall."
Andrea Speer said she learned lessons such as that are extremely important after her 3-year-old daughter Anna fell into a pool at a summer party.
"I can still see her," Speer said. "...Her eyes [were] just under water [and she was] just trying to dog paddle up to the surface."
Last year, Children's Medical Center treated more than 50 near drowning cases, which didn't include children who died before they made it to the hospital.
Every year, the hospital stages a mock drowning to show parents how fast and silently children slip beneath the water.
Safety experts said many parents haven't taken precautions like learning CPR or having rescue equipment on hand.
"[You need] complete fencing around the pool with a self-latching gate," said Paula Yuma, Children's Injury Prevention. "Parents can also install door alarms that lets them know when a child slips out of the house. Those are very important things."
While important, Yuma said it isn't a substitute for constant parental supervision when there's a pool nearby, which is one lesson Speer said she learned too well.
"I really don't ever take my eyes off of her," she said while watching Anna during her swim lesson.
News from the Lone Star State
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Small plane crashes in Denton County
By BRANDON FORMBY / The Dallas Morning News
DENTON, Texas - Officials with the Federal Aviation Administration and Texas Department of Public Safety were investigating a small-plane crash in Denton County Wednesday afternoon .
The pilot and passenger walked away from the crash without injuries and the plane sustained substantial damage, said Roland Herwig, a spokesman with the Federal Aviation Administration.
The single-engine Cessna 150M likely hit power lines shortly after it took off from nearby Northwest Regional Airport on a training flight, Mr. Herwig said.
The plane flipped over and crashed about one mile east of Interstate 35W, near Cleveland Gibbs Road.
By BRANDON FORMBY / The Dallas Morning News
DENTON, Texas - Officials with the Federal Aviation Administration and Texas Department of Public Safety were investigating a small-plane crash in Denton County Wednesday afternoon .
The pilot and passenger walked away from the crash without injuries and the plane sustained substantial damage, said Roland Herwig, a spokesman with the Federal Aviation Administration.
The single-engine Cessna 150M likely hit power lines shortly after it took off from nearby Northwest Regional Airport on a training flight, Mr. Herwig said.
The plane flipped over and crashed about one mile east of Interstate 35W, near Cleveland Gibbs Road.
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Parking spots vs. patio space
Dallas: Proposal would boost outdoor dining, but some say cost is too high
By EMILY RAMSHAW / The Dallas Morning News
DALLAS, Texas - When Marc Andres looks down Greenville Avenue at the bars and restaurants his real estate company manages, he sees a sprinkling of street-side patios: sidewalk seating that draws energy and a hint of class to the sometimes-seedy strip.
But they're broken up by pull-in, storefront parking spaces – monuments to long-standing parking battles between the entertainment district and its surrounding neighborhoods.
Mr. Andres' request to remove nearly 10 of these parking spaces to broaden sidewalks and build additional patio space has come under fire from some neighbors, who fear any change in Lower Greenville's parking structure will force more cars onto residential streets.
The idea of paving over pull-in spaces isn't a new one, said neighborhood activist Avi Adelman.
"We've been talking about it for years" for safety reasons, Mr. Adelman said. "You've got thousands of people walking around. And the sidewalks are so narrow."
But he doesn't think replacing public parking spaces with private restaurant patios is the solution.
It's a moneymaker for the restaurants and bars, he said. While the venues will claim they've all created parking spaces, he said, they're known for opening a couple of lots and "double-dipping and triple-dipping in each other's spaces." People are fed up with paying to park and tipping valets, Mr. Adelman said – "and then they park in the neighborhood."
There's no doubt creating outdoor seating would be good for business, said Jon Laramy, who owns What?Bar, a restaurant that would get a new patio under Mr. Andres' proposal.
"It makes a huge difference," he said. "In the evenings, when people start going to restaurants in the area, the first ones they hit are the ones with patios."
But Mr. Laramy and Mr. Andres say it would also be a huge safety improvement. The pull-in parking spaces are dangerous: They force cars to back up onto a high-traffic street late at night, causing bottlenecks and the occasional accident. Bar-goers have a propensity to walk behind – not in front of – these cars.
The replacement parking is already taken care of, said Mr. Andres, whose company, Andres Real Estate, is negotiating the changes along the east side of Greenville Avenue between Prospect Avenue and La Vista Court.
Under Mr. Andres' proposal, each of these parking spaces, plus the extras required to increase the patio space, would be relocated to valet and free self-park lots nearby. They're already paved and striped, Mr. Andres said.
"We've bought additional lots on Prospect Avenue and Alta Avenue to allow for more parking," he said. "We will provide more parking spaces than are required by the city."
But most important, widening sidewalks and removing pull-in spaces would give Lower Greenville a more pedestrian-friendly atmosphere, Mr. Andres said – and provide an economic boost. The restaurants along the strip with outdoor patios make the most in sales, he said.
"There's already street traffic, and there's nothing we can do about that," he said. "People love to sit and walk outside after the sun goes down. They love the people-watching. To have that outdoor dining is huge."
City staff has recommended approval for Mr. Andres' licensing request, citing increased retail activity, restoration of curbed sidewalks and the elimination of the head-in parking spaces. Eventually, the case will come before the City Council for approval.
But District 14 council member Angela Hunt, who pulled the discussion off the table at Monday's meeting of the council's economic development and housing committee, said she wants more time to study the request and to talk with neighbors about it.
Parking along Greenville is "already at such a deficit," she said. And even lots billed as being free are often run by valets, who are reluctant to let drivers park their own cars.
No matter where these venues relocate their parking spaces, Ms. Hunt said, changing from free pull-in spaces to less-convenient self-park lots "still could really place the burden on surrounding neighborhoods. It's not a fair trade."
While Ms. Hunt supports the idea of widening sidewalks, she said, she's also concerned about pedestrian safety if "you pull out a sidewalk and then eat it up with tables and chairs."
As far as the sidewalks are concerned, Mr. Andres said, he's required to provide a 6-foot setback for the outdoor seating, meaning there would still be ample space for people to walk. The current sidewalks are less than 6 feet wide in some places, and they're behind cars, he said.
"A 6-foot sidewalk can take a lot of traffic," he said. "The reality is you'd have ample space to walk up and down, just like you do if you were in Uptown."
Mr. Andres said he first filed paperwork with the city two years ago, and he is optimistic the city will grant his request.
"The buildings will look better, and you'll see things better when it's not all junked up with cars," he said. "It's a cleaner, more beautiful space than when you have cars. It's night and day."
But Ms. Hunt said she only learned of the licensing case recently. And while she's personally torn – on the one hand, she said, it could bring more foot traffic to Lower Greenville; on the other, there's already a dearth of parking – "I'm not going to approve it until the residents have seen it," she said.
Dallas: Proposal would boost outdoor dining, but some say cost is too high
By EMILY RAMSHAW / The Dallas Morning News
DALLAS, Texas - When Marc Andres looks down Greenville Avenue at the bars and restaurants his real estate company manages, he sees a sprinkling of street-side patios: sidewalk seating that draws energy and a hint of class to the sometimes-seedy strip.
But they're broken up by pull-in, storefront parking spaces – monuments to long-standing parking battles between the entertainment district and its surrounding neighborhoods.
Mr. Andres' request to remove nearly 10 of these parking spaces to broaden sidewalks and build additional patio space has come under fire from some neighbors, who fear any change in Lower Greenville's parking structure will force more cars onto residential streets.
The idea of paving over pull-in spaces isn't a new one, said neighborhood activist Avi Adelman.
"We've been talking about it for years" for safety reasons, Mr. Adelman said. "You've got thousands of people walking around. And the sidewalks are so narrow."
But he doesn't think replacing public parking spaces with private restaurant patios is the solution.
It's a moneymaker for the restaurants and bars, he said. While the venues will claim they've all created parking spaces, he said, they're known for opening a couple of lots and "double-dipping and triple-dipping in each other's spaces." People are fed up with paying to park and tipping valets, Mr. Adelman said – "and then they park in the neighborhood."
There's no doubt creating outdoor seating would be good for business, said Jon Laramy, who owns What?Bar, a restaurant that would get a new patio under Mr. Andres' proposal.
"It makes a huge difference," he said. "In the evenings, when people start going to restaurants in the area, the first ones they hit are the ones with patios."
But Mr. Laramy and Mr. Andres say it would also be a huge safety improvement. The pull-in parking spaces are dangerous: They force cars to back up onto a high-traffic street late at night, causing bottlenecks and the occasional accident. Bar-goers have a propensity to walk behind – not in front of – these cars.
The replacement parking is already taken care of, said Mr. Andres, whose company, Andres Real Estate, is negotiating the changes along the east side of Greenville Avenue between Prospect Avenue and La Vista Court.
Under Mr. Andres' proposal, each of these parking spaces, plus the extras required to increase the patio space, would be relocated to valet and free self-park lots nearby. They're already paved and striped, Mr. Andres said.
"We've bought additional lots on Prospect Avenue and Alta Avenue to allow for more parking," he said. "We will provide more parking spaces than are required by the city."
But most important, widening sidewalks and removing pull-in spaces would give Lower Greenville a more pedestrian-friendly atmosphere, Mr. Andres said – and provide an economic boost. The restaurants along the strip with outdoor patios make the most in sales, he said.
"There's already street traffic, and there's nothing we can do about that," he said. "People love to sit and walk outside after the sun goes down. They love the people-watching. To have that outdoor dining is huge."
City staff has recommended approval for Mr. Andres' licensing request, citing increased retail activity, restoration of curbed sidewalks and the elimination of the head-in parking spaces. Eventually, the case will come before the City Council for approval.
But District 14 council member Angela Hunt, who pulled the discussion off the table at Monday's meeting of the council's economic development and housing committee, said she wants more time to study the request and to talk with neighbors about it.
Parking along Greenville is "already at such a deficit," she said. And even lots billed as being free are often run by valets, who are reluctant to let drivers park their own cars.
No matter where these venues relocate their parking spaces, Ms. Hunt said, changing from free pull-in spaces to less-convenient self-park lots "still could really place the burden on surrounding neighborhoods. It's not a fair trade."
While Ms. Hunt supports the idea of widening sidewalks, she said, she's also concerned about pedestrian safety if "you pull out a sidewalk and then eat it up with tables and chairs."
As far as the sidewalks are concerned, Mr. Andres said, he's required to provide a 6-foot setback for the outdoor seating, meaning there would still be ample space for people to walk. The current sidewalks are less than 6 feet wide in some places, and they're behind cars, he said.
"A 6-foot sidewalk can take a lot of traffic," he said. "The reality is you'd have ample space to walk up and down, just like you do if you were in Uptown."
Mr. Andres said he first filed paperwork with the city two years ago, and he is optimistic the city will grant his request.
"The buildings will look better, and you'll see things better when it's not all junked up with cars," he said. "It's a cleaner, more beautiful space than when you have cars. It's night and day."
But Ms. Hunt said she only learned of the licensing case recently. And while she's personally torn – on the one hand, she said, it could bring more foot traffic to Lower Greenville; on the other, there's already a dearth of parking – "I'm not going to approve it until the residents have seen it," she said.
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Young couple's bones found 5 years after vanishing
By JIM DOUGLAS / WFAA ABC 8
GRANBURY, Texas - The bones of a young couple were found more than five years after a young couple was believed to have run away together.
JT Steele and Casey Tiner disappeared Aug. 8, 2000 from Granbury. However, it was only recently that their remains were found near Glen Rose in nearby Somervell County.
Family and friends said the two teens were smart, popular and promising. Casey Tiner was an honor roll student devoted to the Granbury high choir and TJ Steele breezed through school and graduated early.
That is why parents and loved ones said they found it hard to believe the two would just take off and leave.
"She left here two weeks before her 17th birthday," said Mike Miller, Tiner's stepfather. "She was 16. TJ was 19."
For nearly six years, families suffered the fear of uncertainty.
"We didn't know what had happened," Miller said. "We were dismayed that she would want to run away and not have anything to do with any of us."
Tiner's choir director said she was also confused by their disappearance.
"She was a friend to a lot of people, and she was just an excellent, excellent student," said Joy Hope.
Their bones remained undiscovered until last December and investigators told the families their death was a homicide. "It's been a shock to everybody," Miller said.
But authorities kept the case secret until this week, when they announced they were looking for Robbie Buttrey. Buttrey was the last man seen with Steele and Tiner.
"They don't even know where he is," Miller said. "He's gone so far underground."
Miller said detectives questioned Buttrey the week the teens disappeared. Records showed he was booked into Tarrant County Jail two years ago on an assault charge.
By JIM DOUGLAS / WFAA ABC 8
GRANBURY, Texas - The bones of a young couple were found more than five years after a young couple was believed to have run away together.
JT Steele and Casey Tiner disappeared Aug. 8, 2000 from Granbury. However, it was only recently that their remains were found near Glen Rose in nearby Somervell County.
Family and friends said the two teens were smart, popular and promising. Casey Tiner was an honor roll student devoted to the Granbury high choir and TJ Steele breezed through school and graduated early.
That is why parents and loved ones said they found it hard to believe the two would just take off and leave.
"She left here two weeks before her 17th birthday," said Mike Miller, Tiner's stepfather. "She was 16. TJ was 19."
For nearly six years, families suffered the fear of uncertainty.
"We didn't know what had happened," Miller said. "We were dismayed that she would want to run away and not have anything to do with any of us."
Tiner's choir director said she was also confused by their disappearance.
"She was a friend to a lot of people, and she was just an excellent, excellent student," said Joy Hope.
Their bones remained undiscovered until last December and investigators told the families their death was a homicide. "It's been a shock to everybody," Miller said.
But authorities kept the case secret until this week, when they announced they were looking for Robbie Buttrey. Buttrey was the last man seen with Steele and Tiner.
"They don't even know where he is," Miller said. "He's gone so far underground."
Miller said detectives questioned Buttrey the week the teens disappeared. Records showed he was booked into Tarrant County Jail two years ago on an assault charge.
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Couple charged in niece's murder
AUSTIN, Texas (WFAA ABC 8/AP) - Authorities have charged a Travis County couple with murder after Abilene police stopped the man and woman and found their niece's remains in the car.
Tony Holmes, 26, and his wife Karen Denine Bunton, 38, are accused of killing Latoya Finley. The 22-year-old vanished in late February after telling her family she was going to Los Angeles to begin a music career.
The suspects were being held Thursday in the Taylor County Jail pending transfer to Austin.
Abilene police arrested the couple on Friday following a brief chase along Interstate 20. Bunton was driving Finley's Hyundai Elantra, which she said Finley had given her permission to use.
Police said they found human remains in the car, which had "the strong odor of biological decomposition," according to an arrest affidavit. Earlier this week, Travis County authorities identified the remains as belonging to Finley. The murder charges were filed Wednesday.
Officials with the Travis County medical examiner's office have ruled Finley's death a homicide but have not been able to determine how she was killed.
"Every crime scene, every murder scene, is a heinous crime, but this is one of the worst we've ever seen," Travis County sheriff's spokesman Roger Wade said.
Bond was set at $600,000 for each suspect on charges of murder and tampering with evidence, a Taylor County Jail official said.
Bunton is being held on an additional $750,000 bond for evading arrest with a motor vehicle.
Finley was reported missing by her mother after she vanished Feb. 24, the day she had told family members that she was going to Los Angeles. Investigators later determined that she never arrived in California.
Holmes told investigators that he had become angry with Finley on the day she was last seen for "telling lies" about his involvement in dealing drugs. But he also said he discussed it with her and got over it, according to the arrest affidavit.
Holmes and Bunton both said they had dropped Finley off at a boyfriend's residence, where she would get a ride to the airport. Investigators have not found the boyfriend and are not sure he exists, according to the arrest affidavit.
In mid-March, investigators discovered that several of Finley's belongings had been pawned. Later that month, the couple cut off communication with authorities and did not follow through with an agreement to return Finley's car, according to the arrest affidavit.
Travis County investigators received a tip on April 4 that the couple had been visiting family in Abilene. Abilene police arrested the couple 10 days later.
AUSTIN, Texas (WFAA ABC 8/AP) - Authorities have charged a Travis County couple with murder after Abilene police stopped the man and woman and found their niece's remains in the car.
Tony Holmes, 26, and his wife Karen Denine Bunton, 38, are accused of killing Latoya Finley. The 22-year-old vanished in late February after telling her family she was going to Los Angeles to begin a music career.
The suspects were being held Thursday in the Taylor County Jail pending transfer to Austin.
Abilene police arrested the couple on Friday following a brief chase along Interstate 20. Bunton was driving Finley's Hyundai Elantra, which she said Finley had given her permission to use.
Police said they found human remains in the car, which had "the strong odor of biological decomposition," according to an arrest affidavit. Earlier this week, Travis County authorities identified the remains as belonging to Finley. The murder charges were filed Wednesday.
Officials with the Travis County medical examiner's office have ruled Finley's death a homicide but have not been able to determine how she was killed.
"Every crime scene, every murder scene, is a heinous crime, but this is one of the worst we've ever seen," Travis County sheriff's spokesman Roger Wade said.
Bond was set at $600,000 for each suspect on charges of murder and tampering with evidence, a Taylor County Jail official said.
Bunton is being held on an additional $750,000 bond for evading arrest with a motor vehicle.
Finley was reported missing by her mother after she vanished Feb. 24, the day she had told family members that she was going to Los Angeles. Investigators later determined that she never arrived in California.
Holmes told investigators that he had become angry with Finley on the day she was last seen for "telling lies" about his involvement in dealing drugs. But he also said he discussed it with her and got over it, according to the arrest affidavit.
Holmes and Bunton both said they had dropped Finley off at a boyfriend's residence, where she would get a ride to the airport. Investigators have not found the boyfriend and are not sure he exists, according to the arrest affidavit.
In mid-March, investigators discovered that several of Finley's belongings had been pawned. Later that month, the couple cut off communication with authorities and did not follow through with an agreement to return Finley's car, according to the arrest affidavit.
Travis County investigators received a tip on April 4 that the couple had been visiting family in Abilene. Abilene police arrested the couple 10 days later.
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Child hit by police car in E. Oak Cliff
By HOLLY YAN / The Dallas Morning News
DALLAS, Texas - A 5-year-old boy was hospitalized after being struck by a Dallas police car Wednesday night in east Oak Cliff.
The officer was driving east about 8:15 p.m. in the 2700 block of Moffatt Avenue while responding to a call about a burglary in process, Senior Cpl. Max Geron said.
“The child was on one side of the street, and the mother was on the opposite side. She waved and called for him to come across the street,” he said.
The boy ran into the street and was struck by the officer, whose emergency lights and siren were off.
The child, who was not identified, was taken to Children’s Medical Center Dallas in stable condition with scrapes, Cpl. Geron said.
The officer, whose name was not released, has served with the department for three years and works in the southeast patrol division.
By HOLLY YAN / The Dallas Morning News
DALLAS, Texas - A 5-year-old boy was hospitalized after being struck by a Dallas police car Wednesday night in east Oak Cliff.
The officer was driving east about 8:15 p.m. in the 2700 block of Moffatt Avenue while responding to a call about a burglary in process, Senior Cpl. Max Geron said.
“The child was on one side of the street, and the mother was on the opposite side. She waved and called for him to come across the street,” he said.
The boy ran into the street and was struck by the officer, whose emergency lights and siren were off.
The child, who was not identified, was taken to Children’s Medical Center Dallas in stable condition with scrapes, Cpl. Geron said.
The officer, whose name was not released, has served with the department for three years and works in the southeast patrol division.
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Suspect escapes after warrant issue leads to shooting
By DAN RONAN / WFAA ABC 8
DALLAS, Texas - Shots were fired near a daycare on Central Expressway in North Dallas late Wednesday night as undercover sheriff's deputies confronted suspected drug suspects.
The Denton deputies came to Dallas to issue a felony warrant. However around 8:15 p.m., police said one of the suspect's put his vehicle into reverse, which nearly hit one of the officers.
An officer fired two shots into the vehicle, but no one was injured.
One suspect was placed under arrest, but the other escaped in the damaged car.
No one was injured inside the daycare as well, which had children inside because of extended hours.
By DAN RONAN / WFAA ABC 8
DALLAS, Texas - Shots were fired near a daycare on Central Expressway in North Dallas late Wednesday night as undercover sheriff's deputies confronted suspected drug suspects.
The Denton deputies came to Dallas to issue a felony warrant. However around 8:15 p.m., police said one of the suspect's put his vehicle into reverse, which nearly hit one of the officers.
An officer fired two shots into the vehicle, but no one was injured.
One suspect was placed under arrest, but the other escaped in the damaged car.
No one was injured inside the daycare as well, which had children inside because of extended hours.
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Ex-Irving officer acquitted of assault charges
By ROBERT THARP / The Dallas Morning News
IRVING, Texas - A former Irving police officer was found not guilty Thursday on charges that he assaulted a motorist with pepper spray and a metal baton during a traffic stop recorded by the officer’s in-car video camera.
Dan Miller declined to comment about the trial as he left the courthouse with supporters Thursday. His attorney, Bob Baskett, said his client would now work to get his job back.
Mr. Baskett said prosecutors could not prove their case because Mr. Miller, 50, had performed as he was trained during the January 2005 traffic stop. The 28-year veteran officer had not received training in other physical-control techniques that the Irving Police Department’s general orders recommend before resorting to a baton, he said.
“The state had to prove it was unreasonable, and they didn’t do it,” Mr. Baskett said.
The jury viewed the video several times during the trial but also heard starkly different interpretations of the footage from expert witnesses.
An expert testifying for Mr. Miller told the jury that Jose Palomino’s actions and body language during the traffic stop amounted to an “aggressive assault” that justified the officer’s actions. Two Irving police training officers also testified that Mr. Miller’s appeared appropriate.
But two experts testifying for the state told the jury that Mr. Palomino seemed befuddled and “passive” before he was sprayed with pepper spray and later struck with the baton. An Irving police detective also testified that Mr. Palomino was not acting aggressively in the video.
The video shows Mr. Palomino not responding to the officer’s repeated shouted commands to get out of his car and later to raise his hands and lay down on the ground. When Mr. Palomino finally squats down, the video shows Mr. Miller trice spraying him with pepper spray.
Seconds after a backup officer arrives to help, Mr. Miller strikes Mr. Palomino with his expandable metal baton and strikes him again as he is being handcuffed. The backup officer, James Standlee, testified that Mr. Palomino, an undocumented Mexican immigrant who could not speak English and who was described by investigators as having a low I.Q., did not pose a threat.
Mr. Baskett told jurors that Mr. Palomino was responsible for the beating because he made “conscious decisions” to ignore the officer’s commands and purposefully hid his hands from the officer’s sight.
Mr. Miller testified that he thought Mr. Palomino was squatting in a manner that was the precursor to an attack. He said he used the baton because Mr. Palomino had not responded to the pepper spray.
“There was no immediate necessity to do it,” prosecutor Pat Batchelor said in closing arguments. “He can make up a reason for everything he’s doing but that does not make it reasonable.”
The jury foreman declined to comment in detail about the verdict but said jurors believed the video was important evidence. “We agreed his actions were not unreasonable,” he said.
Mr. Batchelor said the video was powerful evidence, and without out it Mr. Palomino would likely still be in jail facing charges of resisting arrest.
“We’re disappointed but the jury spoke and we have to respect that,” he said. “I thought with the video it was a very clear case, but it’s going to take a lot in Dallas County to convict a police officer.”
By ROBERT THARP / The Dallas Morning News
IRVING, Texas - A former Irving police officer was found not guilty Thursday on charges that he assaulted a motorist with pepper spray and a metal baton during a traffic stop recorded by the officer’s in-car video camera.
Dan Miller declined to comment about the trial as he left the courthouse with supporters Thursday. His attorney, Bob Baskett, said his client would now work to get his job back.
Mr. Baskett said prosecutors could not prove their case because Mr. Miller, 50, had performed as he was trained during the January 2005 traffic stop. The 28-year veteran officer had not received training in other physical-control techniques that the Irving Police Department’s general orders recommend before resorting to a baton, he said.
“The state had to prove it was unreasonable, and they didn’t do it,” Mr. Baskett said.
The jury viewed the video several times during the trial but also heard starkly different interpretations of the footage from expert witnesses.
An expert testifying for Mr. Miller told the jury that Jose Palomino’s actions and body language during the traffic stop amounted to an “aggressive assault” that justified the officer’s actions. Two Irving police training officers also testified that Mr. Miller’s appeared appropriate.
But two experts testifying for the state told the jury that Mr. Palomino seemed befuddled and “passive” before he was sprayed with pepper spray and later struck with the baton. An Irving police detective also testified that Mr. Palomino was not acting aggressively in the video.
The video shows Mr. Palomino not responding to the officer’s repeated shouted commands to get out of his car and later to raise his hands and lay down on the ground. When Mr. Palomino finally squats down, the video shows Mr. Miller trice spraying him with pepper spray.
Seconds after a backup officer arrives to help, Mr. Miller strikes Mr. Palomino with his expandable metal baton and strikes him again as he is being handcuffed. The backup officer, James Standlee, testified that Mr. Palomino, an undocumented Mexican immigrant who could not speak English and who was described by investigators as having a low I.Q., did not pose a threat.
Mr. Baskett told jurors that Mr. Palomino was responsible for the beating because he made “conscious decisions” to ignore the officer’s commands and purposefully hid his hands from the officer’s sight.
Mr. Miller testified that he thought Mr. Palomino was squatting in a manner that was the precursor to an attack. He said he used the baton because Mr. Palomino had not responded to the pepper spray.
“There was no immediate necessity to do it,” prosecutor Pat Batchelor said in closing arguments. “He can make up a reason for everything he’s doing but that does not make it reasonable.”
The jury foreman declined to comment in detail about the verdict but said jurors believed the video was important evidence. “We agreed his actions were not unreasonable,” he said.
Mr. Batchelor said the video was powerful evidence, and without out it Mr. Palomino would likely still be in jail facing charges of resisting arrest.
“We’re disappointed but the jury spoke and we have to respect that,” he said. “I thought with the video it was a very clear case, but it’s going to take a lot in Dallas County to convict a police officer.”
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SUV crashes into Plano Starbucks
PLANO, Texas (WFAA ABC 8) — A sport utility vehicle found itself completely inside a Starbucks coffee shop at West 15th Street and Custer Road after the driver crashed the vehicle Thursday afternoon.
Plano police said a man driving a blue Ford Expedition lost control of his vehicle around 1:30 p.m. and drove through several large windows at a Starbucks in the 2400 block of West 15th Street at Custer Road.
Eyewitnesses said employees and customers dove for cover as glass went flying and the vehicle came to rest in the middle of the shop, which was about half full at the time.
"The next thing I know, I just see the truck continue straight on in the Starbucks and come to a stop," said witness Peter Calabrese.
The SUV demolished tables and chairs and halted 20-feet inside the store.
The driver was taken to Medical Center of Plano in unknown condition, police said. No one else was taken to the hospital and only a few were treated for minor cuts at the scene.
Witnesses said it appeared the driver had some type of medical condition.
"It seemed like it was some seizure, [there was] foam and he was not really aware of where he was. But he was conscious" said witness Mohammed Soltani.
Witnesses said they tried to break into the windows of the car to help the driver, and managed to break through the windshield.
One customer said he was at a table with three other people trying to look at a laptop. He said the sun was getting in the way and they thought of moving to another table, but decided against it. Only five minutes later did the SUV crash into the exact table they thought to move to, he said.
It's the second time this week a vehicle has crashed into a North Texas storefront. An elderly woman was at the wheel Tuesday when her car jumped the curb and smashed through the front window of a 7-Eleven store in Little Elm.
No one in the store was hurt, and the driver was not seriously injured.
WFAA-TV and WFAA.com staff and Dallas Morning News writer Lee Powell contributed to this report.
PLANO, Texas (WFAA ABC 8) — A sport utility vehicle found itself completely inside a Starbucks coffee shop at West 15th Street and Custer Road after the driver crashed the vehicle Thursday afternoon.
Plano police said a man driving a blue Ford Expedition lost control of his vehicle around 1:30 p.m. and drove through several large windows at a Starbucks in the 2400 block of West 15th Street at Custer Road.
Eyewitnesses said employees and customers dove for cover as glass went flying and the vehicle came to rest in the middle of the shop, which was about half full at the time.
"The next thing I know, I just see the truck continue straight on in the Starbucks and come to a stop," said witness Peter Calabrese.
The SUV demolished tables and chairs and halted 20-feet inside the store.
The driver was taken to Medical Center of Plano in unknown condition, police said. No one else was taken to the hospital and only a few were treated for minor cuts at the scene.
Witnesses said it appeared the driver had some type of medical condition.
"It seemed like it was some seizure, [there was] foam and he was not really aware of where he was. But he was conscious" said witness Mohammed Soltani.
Witnesses said they tried to break into the windows of the car to help the driver, and managed to break through the windshield.
One customer said he was at a table with three other people trying to look at a laptop. He said the sun was getting in the way and they thought of moving to another table, but decided against it. Only five minutes later did the SUV crash into the exact table they thought to move to, he said.
It's the second time this week a vehicle has crashed into a North Texas storefront. An elderly woman was at the wheel Tuesday when her car jumped the curb and smashed through the front window of a 7-Eleven store in Little Elm.
No one in the store was hurt, and the driver was not seriously injured.
WFAA-TV and WFAA.com staff and Dallas Morning News writer Lee Powell contributed to this report.
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TexasStooge
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Hangar burns at Grand Prairie airport
GRAND PRAIRIE, Texas (WFAA ABC 8) — Fire erupted at a helicopter maintenance facility at Grand Prairie Municipal Airport Thursday afternoon.
No injuries were reported, but there was concern over the fate of several multi-million dollar aircraft inside the 20,000 square foot Uniflight hangar in the 3100 block of Great Southwest Parkway.
"It just happened so quickly," said Channel 8 helicopter pilot Roger Smith, who narrated the first pictures of the fire just minutes after it was reported. "It's just an astonishing situation that it developed so rapidly."
According to the Uniflight Web site, the company services Bell helicopter models and regularly maintains a million dollar parts inventory.
GRAND PRAIRIE, Texas (WFAA ABC 8) — Fire erupted at a helicopter maintenance facility at Grand Prairie Municipal Airport Thursday afternoon.
No injuries were reported, but there was concern over the fate of several multi-million dollar aircraft inside the 20,000 square foot Uniflight hangar in the 3100 block of Great Southwest Parkway.
"It just happened so quickly," said Channel 8 helicopter pilot Roger Smith, who narrated the first pictures of the fire just minutes after it was reported. "It's just an astonishing situation that it developed so rapidly."
According to the Uniflight Web site, the company services Bell helicopter models and regularly maintains a million dollar parts inventory.
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TexasStooge
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Masked men open fire on van
DALLAS, Texas (WFAA ABC 8) - Dallas police were looking for two masked men involved in a fatal shooting late Thursday.
Witnesses said four men were inside a minivan parked in the 7200 block of Holly Hill Drive just before midnight when the two suspects walked up and opened fire.
The driver of the van was killed; a front-seat passenger was shot several times.
The wounded man was taken to Baylor University Medical Center in critical condition.
Investigators said they were unable to determine a motive in the shooting. The suspects remained at large early Friday.
WFAA-TV photojournalist Robert Flagg contributed to this report.
DALLAS, Texas (WFAA ABC 8) - Dallas police were looking for two masked men involved in a fatal shooting late Thursday.
Witnesses said four men were inside a minivan parked in the 7200 block of Holly Hill Drive just before midnight when the two suspects walked up and opened fire.
The driver of the van was killed; a front-seat passenger was shot several times.
The wounded man was taken to Baylor University Medical Center in critical condition.
Investigators said they were unable to determine a motive in the shooting. The suspects remained at large early Friday.
WFAA-TV photojournalist Robert Flagg contributed to this report.
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TexasStooge
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Police taking on bigger role in school incidents
Campus fights, other problems increasingly end in arrests, citations
By KAREN AYRES / The Dallas Morning News
The track team's towel fight started with the usual pops and taunts of teenage boys in a locker room.
It ended when 15-year-old Colby Long was pulled from his first-period class, handcuffed and taken to jail.
Police say the high school freshman from Frisco committed assault; his parents contend officials overreacted to some boyhood roughhousing. Whether an overreaction or just punishment, one thing is clear: No longer is a locker room scuffle a matter of a scolding or a few extra laps.
Much of the responsibility for discipline has shifted from the principal's office to the patrol car. Recent events in local schools reflect the trend.
As of late: A hair-pulling, scratching fight in McKinney left 13 girls facing charges for "inciting a riot." In Irving, swearing in class sparked a $260 ticket. Richardson police were called for teens smoking and disturbing class.
Texas Education Agency officials say they are receiving more complaints from parents about police actions against their students than ever before.
"We hold children to higher standards than we hold adults," said Billy Jacobs, senior director of the safe schools division of the TEA. "We don't leave any room for children to make mistakes."
Thursday marked the seventh anniversary of the Columbine High School massacre in Colorado. School officials say the perils of ignoring basic discipline problems have become so obvious since then that it's impossible to turn back.
"I don't think we can just write off two kids getting into a fight with the nature of our society today," said Steve Payne, principal of Allen High School. "That could come back on us that we knew about it and didn't do anything about it."
Survey of calls
A survey by The Dallas Morning News of police calls between Aug. 1 and March 1 in 10 area communities from Dallas to Frisco shows:
• Police handled more than 5,000 calls at 53 high schools for offenses ranging from disrupting the class to sexual assault.
• Dallas Independent School District, which generally uses its own police force rather than city officers, responded to fewer calls at high schools – with an average of 56 – than suburban departments, which averaged 137. DISD officers typically tackle more serious offenses like drugs and weapons and leave lower-level discipline to school administrators.
• Police were mostly called for fights and other offenses at high schools but also to middle schools and some elementary campuses.
Some say police activity is increasing on campus because youngsters are more violent nowadays, while others contend parents have become too quick to sue, which takes discretion away from administrators.
School officials are bound by law to contact police about weapons, drugs and other serious offenses, but it is largely up to them whether to tap police for more minor infractions.
Some administrators are quicker to contact police than others so enforcement varies greatly among districts and schools.
At Irving High School, for example, police responded to 322 calls during an eight-month period, records show. Schools of similar sizes in Garland, Richardson and Arlington saw just one-third of that number.
The most common calls are for thefts, assaults and traffic violations, records show. Many students receive citations while others are arrested for more serious infractions.
A student who throws a punch may be arrested in one school and merely suspended in another.
"There is a fine line between what is an assault and what is a fight," said Susie Fegraeus, principal of North Garland High School. "If we see that it is a misbehavior that the school district can handle, we take care of that."
Suburban police often handle calls for smoking, classroom disruptions and other minor offenses.
"They get people in trouble for ridiculous stuff," said Pierre Tran, 18, a senior at Plano Senior High School, who said his sister got a $200 citation for writing profanity in a textbook.
Donovon Collins, assistant chief of the DISD department, said administrators and campus security often handle minor offenses, including fights, so students aren't referred to police unless it's serious.
For example, more than half of the 75 calls at Dallas' Thomas Jefferson High School were related to drugs, records show.
Towel fight
In Colby's case, which happened in February, he pushed another student to the ground, but he said the other student whacked him in the groin with a twisted, wet towel and refused to stop.
"I do believe children deserve consequences for their actions, but the consequences didn't fit what happened in that gym," said TerryAnn Long, Colby's mom.
Frisco police Sgt. Gina McFarlin said witness statements show Colby committed assault with bodily injury, noting that the other boy had a bloody nose. The other child's parents supported the police filing charges, Sgt. McFarlin said.
"They really had a duty to arrest him," she said.
Colby remains under house arrest until his charge of assault with bodily injury is resolved.
A district spokeswoman declined to comment because it was a disciplinary matter, but she said all cases are thoroughly investigated.
The Longs requested copies of police records tied to the case, but they were denied because juvenile reports are confidential. A request from The Dallas Morning News was also rejected and later referred to the attorney general's office for review.
In McKinney, Dana Brockway faced the same problem when she tried to get a police report on her son's arrest. She said her son, who is in high school, spent a night in jail after he was arrested for chasing another student with a bat after track practice. Dr. Brockway said her son was hit on the head by the other child before he gave chase, noting the other student was not injured or ever struck.
She said she has spent more than $30,000 on lawyers since her son's arrest. The McKinney district also declined to comment because of privacy concerns.
"They absolutely overreacted," Dr. Brockway said.
An Irving mother said she paid a $260 ticket for "abusive language" for her son after a teacher said she overheard him cursing in class at Irving High School.
"I don't think most parents understand that this is what can happen," said the mother, who declined to be identified for fear of retribution by the school district. "Your kid can go to school and do what is normal child behavior and they're going to come home with a ticket."
On the other hand, Deborah Lloyd of Allen said her son was beaten up in a school locker room a few years ago. She believes having more police in schools can help prevent violence among students.
"He's definitely not the same young man he was," Ms. Lloyd said. "I don't want to see another child ever go through something like this again."
'Rumors of war'
Educators stress that despite the growing complaints, police are boosting safety and prevent many incidents. In Dallas, officers call it dealing with "rumors of war."
Some say officers are simply handling crimes that went unreported years ago.
"Contrary to the perception that there is over-arresting going on, crimes in schools have been underreported for decades," said Ken Trump, a national school security expert.
Others say youngsters need to be handled by the law.
"Society has changed and we need to change with it," said McKinney police Officer Brian Baker. "Kids are more apt to fight these days and we need to meet them with that level of safety."
Educators and police say parents are more apt to pit blame for bad behavior on administrators or teachers than their own children, making it necessary for districts to take a hard line.
"When I was in high school, I got my butt busted by a teacher in the hallway if I screwed up," said Katy ISD police Lt. Keith Meier, who just got permission from the state to start training school police officers. "Nowadays the parents are so quick to say my child does no wrong."
Campus fights, other problems increasingly end in arrests, citations
By KAREN AYRES / The Dallas Morning News
The track team's towel fight started with the usual pops and taunts of teenage boys in a locker room.
It ended when 15-year-old Colby Long was pulled from his first-period class, handcuffed and taken to jail.
Police say the high school freshman from Frisco committed assault; his parents contend officials overreacted to some boyhood roughhousing. Whether an overreaction or just punishment, one thing is clear: No longer is a locker room scuffle a matter of a scolding or a few extra laps.
Much of the responsibility for discipline has shifted from the principal's office to the patrol car. Recent events in local schools reflect the trend.
As of late: A hair-pulling, scratching fight in McKinney left 13 girls facing charges for "inciting a riot." In Irving, swearing in class sparked a $260 ticket. Richardson police were called for teens smoking and disturbing class.
Texas Education Agency officials say they are receiving more complaints from parents about police actions against their students than ever before.
"We hold children to higher standards than we hold adults," said Billy Jacobs, senior director of the safe schools division of the TEA. "We don't leave any room for children to make mistakes."
Thursday marked the seventh anniversary of the Columbine High School massacre in Colorado. School officials say the perils of ignoring basic discipline problems have become so obvious since then that it's impossible to turn back.
"I don't think we can just write off two kids getting into a fight with the nature of our society today," said Steve Payne, principal of Allen High School. "That could come back on us that we knew about it and didn't do anything about it."
Survey of calls
A survey by The Dallas Morning News of police calls between Aug. 1 and March 1 in 10 area communities from Dallas to Frisco shows:
• Police handled more than 5,000 calls at 53 high schools for offenses ranging from disrupting the class to sexual assault.
• Dallas Independent School District, which generally uses its own police force rather than city officers, responded to fewer calls at high schools – with an average of 56 – than suburban departments, which averaged 137. DISD officers typically tackle more serious offenses like drugs and weapons and leave lower-level discipline to school administrators.
• Police were mostly called for fights and other offenses at high schools but also to middle schools and some elementary campuses.
Some say police activity is increasing on campus because youngsters are more violent nowadays, while others contend parents have become too quick to sue, which takes discretion away from administrators.
School officials are bound by law to contact police about weapons, drugs and other serious offenses, but it is largely up to them whether to tap police for more minor infractions.
Some administrators are quicker to contact police than others so enforcement varies greatly among districts and schools.
At Irving High School, for example, police responded to 322 calls during an eight-month period, records show. Schools of similar sizes in Garland, Richardson and Arlington saw just one-third of that number.
The most common calls are for thefts, assaults and traffic violations, records show. Many students receive citations while others are arrested for more serious infractions.
A student who throws a punch may be arrested in one school and merely suspended in another.
"There is a fine line between what is an assault and what is a fight," said Susie Fegraeus, principal of North Garland High School. "If we see that it is a misbehavior that the school district can handle, we take care of that."
Suburban police often handle calls for smoking, classroom disruptions and other minor offenses.
"They get people in trouble for ridiculous stuff," said Pierre Tran, 18, a senior at Plano Senior High School, who said his sister got a $200 citation for writing profanity in a textbook.
Donovon Collins, assistant chief of the DISD department, said administrators and campus security often handle minor offenses, including fights, so students aren't referred to police unless it's serious.
For example, more than half of the 75 calls at Dallas' Thomas Jefferson High School were related to drugs, records show.
Towel fight
In Colby's case, which happened in February, he pushed another student to the ground, but he said the other student whacked him in the groin with a twisted, wet towel and refused to stop.
"I do believe children deserve consequences for their actions, but the consequences didn't fit what happened in that gym," said TerryAnn Long, Colby's mom.
Frisco police Sgt. Gina McFarlin said witness statements show Colby committed assault with bodily injury, noting that the other boy had a bloody nose. The other child's parents supported the police filing charges, Sgt. McFarlin said.
"They really had a duty to arrest him," she said.
Colby remains under house arrest until his charge of assault with bodily injury is resolved.
A district spokeswoman declined to comment because it was a disciplinary matter, but she said all cases are thoroughly investigated.
The Longs requested copies of police records tied to the case, but they were denied because juvenile reports are confidential. A request from The Dallas Morning News was also rejected and later referred to the attorney general's office for review.
In McKinney, Dana Brockway faced the same problem when she tried to get a police report on her son's arrest. She said her son, who is in high school, spent a night in jail after he was arrested for chasing another student with a bat after track practice. Dr. Brockway said her son was hit on the head by the other child before he gave chase, noting the other student was not injured or ever struck.
She said she has spent more than $30,000 on lawyers since her son's arrest. The McKinney district also declined to comment because of privacy concerns.
"They absolutely overreacted," Dr. Brockway said.
An Irving mother said she paid a $260 ticket for "abusive language" for her son after a teacher said she overheard him cursing in class at Irving High School.
"I don't think most parents understand that this is what can happen," said the mother, who declined to be identified for fear of retribution by the school district. "Your kid can go to school and do what is normal child behavior and they're going to come home with a ticket."
On the other hand, Deborah Lloyd of Allen said her son was beaten up in a school locker room a few years ago. She believes having more police in schools can help prevent violence among students.
"He's definitely not the same young man he was," Ms. Lloyd said. "I don't want to see another child ever go through something like this again."
'Rumors of war'
Educators stress that despite the growing complaints, police are boosting safety and prevent many incidents. In Dallas, officers call it dealing with "rumors of war."
Some say officers are simply handling crimes that went unreported years ago.
"Contrary to the perception that there is over-arresting going on, crimes in schools have been underreported for decades," said Ken Trump, a national school security expert.
Others say youngsters need to be handled by the law.
"Society has changed and we need to change with it," said McKinney police Officer Brian Baker. "Kids are more apt to fight these days and we need to meet them with that level of safety."
Educators and police say parents are more apt to pit blame for bad behavior on administrators or teachers than their own children, making it necessary for districts to take a hard line.
"When I was in high school, I got my butt busted by a teacher in the hallway if I screwed up," said Katy ISD police Lt. Keith Meier, who just got permission from the state to start training school police officers. "Nowadays the parents are so quick to say my child does no wrong."
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TexasStooge
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Ex-officer not guilty of assaulting driver
Irving: Jury finds use of pepper spray, baton 'not unreasonable'
By ROBERT THARP / The Dallas Morning News
IRVING, Texas - A former Irving police officer was found not guilty Thursday on charges that he assaulted a motorist with pepper spray and a metal baton during a traffic stop recorded by the officer's in-car video camera.
Dan Miller declined to comment about the trial as he left the courthouse with supporters Thursday. His attorney, Bob Baskett, said his client would now work to get his job back. He was fired after the January 2005 incident.
Mr. Baskett said prosecutors could not prove their case because Mr. Miller, 50, had performed as he was trained during the traffic stop. The 28-year veteran officer had not received training in other physical-control techniques that the Irving Police Department's general orders recommend before resorting to a baton, according to testimony.
"The state had to prove it was unreasonable, and they didn't do it," Mr. Baskett said.
The jury viewed the video several times during the trial but also heard starkly different interpretations of the footage from expert witnesses.
An expert testifying for Mr. Miller told the jury that Jose Palomino's actions and body language during the traffic stop amounted to an "aggressive assault" that justified the officer's actions. Two Irving police training officers also testified that Mr. Miller's actions appeared to be appropriate.
But two experts testifying for the state told the jury that Mr. Palomino seemed befuddled and "passive" before he was sprayed with pepper spray and later struck with the baton. An Irving police detective also testified that Mr. Palomino was not acting aggressively in the video.
The video shows Mr. Palomino not responding to the officer's repeated shouted commands to get out of his car and later to raise his hands and lie down on the ground. When Mr. Palomino finally squats down, the video shows Mr. Miller twice spraying him with pepper spray.
Seconds after a backup officer arrives to help, Mr. Miller strikes Mr. Palomino with his expandable metal baton and strikes him again as he is being handcuffed. The backup officer, James Standlee, testified that Mr. Palomino, an undocumented Mexican immigrant who could not speak English and who was described by investigators as having a low I.Q., did not pose a threat.
Mr. Baskett told jurors that Mr. Palomino was responsible for the beating because he made "conscious decisions" to ignore the officer's commands and purposefully hid his hands from the officer's sight.
Mr. Miller testified that he thought Mr. Palomino was squatting in a manner that was the precursor to an attack. He said he used the baton because Mr. Palomino had not responded to the pepper spray.
"There was no immediate necessity to do it," prosecutor Pat Batchelor said in closing arguments. "He can make up a reason for everything he's doing, but that does not make it reasonable."
The jury foreman declined to comment in detail about the verdict but said jurors believed the video was important evidence. "We agreed his actions were not unreasonable," he said.
Mr. Batchelor said the video was powerful evidence. Without it, he said, Mr. Palomino probably would still be in jail facing charges of resisting arrest.
"We're disappointed, but the jury spoke, and we have to respect that," he said. "I thought with the video, it was a very clear case, but it's going to take a lot in Dallas County to convict a police officer."
Had he been convicted of the misdemeanor charge, Mr. Miller would have faced up to a year in jail.
Irving: Jury finds use of pepper spray, baton 'not unreasonable'
By ROBERT THARP / The Dallas Morning News
IRVING, Texas - A former Irving police officer was found not guilty Thursday on charges that he assaulted a motorist with pepper spray and a metal baton during a traffic stop recorded by the officer's in-car video camera.
Dan Miller declined to comment about the trial as he left the courthouse with supporters Thursday. His attorney, Bob Baskett, said his client would now work to get his job back. He was fired after the January 2005 incident.
Mr. Baskett said prosecutors could not prove their case because Mr. Miller, 50, had performed as he was trained during the traffic stop. The 28-year veteran officer had not received training in other physical-control techniques that the Irving Police Department's general orders recommend before resorting to a baton, according to testimony.
"The state had to prove it was unreasonable, and they didn't do it," Mr. Baskett said.
The jury viewed the video several times during the trial but also heard starkly different interpretations of the footage from expert witnesses.
An expert testifying for Mr. Miller told the jury that Jose Palomino's actions and body language during the traffic stop amounted to an "aggressive assault" that justified the officer's actions. Two Irving police training officers also testified that Mr. Miller's actions appeared to be appropriate.
But two experts testifying for the state told the jury that Mr. Palomino seemed befuddled and "passive" before he was sprayed with pepper spray and later struck with the baton. An Irving police detective also testified that Mr. Palomino was not acting aggressively in the video.
The video shows Mr. Palomino not responding to the officer's repeated shouted commands to get out of his car and later to raise his hands and lie down on the ground. When Mr. Palomino finally squats down, the video shows Mr. Miller twice spraying him with pepper spray.
Seconds after a backup officer arrives to help, Mr. Miller strikes Mr. Palomino with his expandable metal baton and strikes him again as he is being handcuffed. The backup officer, James Standlee, testified that Mr. Palomino, an undocumented Mexican immigrant who could not speak English and who was described by investigators as having a low I.Q., did not pose a threat.
Mr. Baskett told jurors that Mr. Palomino was responsible for the beating because he made "conscious decisions" to ignore the officer's commands and purposefully hid his hands from the officer's sight.
Mr. Miller testified that he thought Mr. Palomino was squatting in a manner that was the precursor to an attack. He said he used the baton because Mr. Palomino had not responded to the pepper spray.
"There was no immediate necessity to do it," prosecutor Pat Batchelor said in closing arguments. "He can make up a reason for everything he's doing, but that does not make it reasonable."
The jury foreman declined to comment in detail about the verdict but said jurors believed the video was important evidence. "We agreed his actions were not unreasonable," he said.
Mr. Batchelor said the video was powerful evidence. Without it, he said, Mr. Palomino probably would still be in jail facing charges of resisting arrest.
"We're disappointed, but the jury spoke, and we have to respect that," he said. "I thought with the video, it was a very clear case, but it's going to take a lot in Dallas County to convict a police officer."
Had he been convicted of the misdemeanor charge, Mr. Miller would have faced up to a year in jail.
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TexasStooge
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Heath man guilty of murder in shooting
Rockwall County: Jury rejects claims that he fired in self-defense
By MARGARITA MARTÍN-HIDALGO / The Dallas Morning News
ROCKWALL, Texas - A Heath man accused of fatally shooting a childhood friend was found guilty Thursday afternoon in the first Rockwall County murder trial in more than a decade.
A jury of eight men and four women deliberated two hours before convicting 24-year-old Jason Nicholas Miller of killing Brian Fisher during an argument Nov. 19. An autopsy showed Mr. Fisher, 23, was shot eight times, including four times in the neck and head.
Evidence showed Mr. Miller fired the fatal shots shortly after arriving at a southeast Rockwall County poker gathering just 40 minutes after pulling his gun on another man during a petty argument in Terrell.
Mr. Miller had testified that he fired in self-defense, but the jury, which had the option of convicting the 24-year-old of aggravated assault with a deadly weapon, decided the evidence supported the conviction for murder.
Mr. Miller faces a sentence of up to life in prison during the punishment phase of the trial, which starts today.
Mr. Fisher’s friends hugged each other after hearing the verdict, and his father, Gary Fisher, cried. Mr. Fisher said he couldn’t comment on the trial until he testified today in the sentencing phase. But he said Rockwall County Criminal District Attorney Ray Sumrow had done an excellent job in getting a quick verdict.
Mr. Miller’s mother, Karen Duigan, and sister Amber, held hands and cried quietly while their husbands consoled them.
Mr. Sumrow, who said he’s tried about four murder cases in his 21 years as the county’s top prosecutor, said that he was pleased with the verdict but that “it’s a bittersweet situation.”
“We’re still dealing with a human life, and you still have compassion for those” who’ve committed a crime, he said.
Mr. Sumrow said it was one of the toughest murder cases he’s tried because the defense pleaded self-defense.
“Those can always go either way,” he said.
Scott Palmer, one of two Dallas-based defense attorneys for Mr. Miller, said that he was “extremely disappointed” and that the Miller family hadn’t decided whether to appeal.
He said his client felt “extremely remorseful” about killing Mr. Fisher and distraught about the verdict. “They were friends,” Mr. Palmer said. “He will always carry that with him.”
Rockwall County: Jury rejects claims that he fired in self-defense
By MARGARITA MARTÍN-HIDALGO / The Dallas Morning News
ROCKWALL, Texas - A Heath man accused of fatally shooting a childhood friend was found guilty Thursday afternoon in the first Rockwall County murder trial in more than a decade.
A jury of eight men and four women deliberated two hours before convicting 24-year-old Jason Nicholas Miller of killing Brian Fisher during an argument Nov. 19. An autopsy showed Mr. Fisher, 23, was shot eight times, including four times in the neck and head.
Evidence showed Mr. Miller fired the fatal shots shortly after arriving at a southeast Rockwall County poker gathering just 40 minutes after pulling his gun on another man during a petty argument in Terrell.
Mr. Miller had testified that he fired in self-defense, but the jury, which had the option of convicting the 24-year-old of aggravated assault with a deadly weapon, decided the evidence supported the conviction for murder.
Mr. Miller faces a sentence of up to life in prison during the punishment phase of the trial, which starts today.
Mr. Fisher’s friends hugged each other after hearing the verdict, and his father, Gary Fisher, cried. Mr. Fisher said he couldn’t comment on the trial until he testified today in the sentencing phase. But he said Rockwall County Criminal District Attorney Ray Sumrow had done an excellent job in getting a quick verdict.
Mr. Miller’s mother, Karen Duigan, and sister Amber, held hands and cried quietly while their husbands consoled them.
Mr. Sumrow, who said he’s tried about four murder cases in his 21 years as the county’s top prosecutor, said that he was pleased with the verdict but that “it’s a bittersweet situation.”
“We’re still dealing with a human life, and you still have compassion for those” who’ve committed a crime, he said.
Mr. Sumrow said it was one of the toughest murder cases he’s tried because the defense pleaded self-defense.
“Those can always go either way,” he said.
Scott Palmer, one of two Dallas-based defense attorneys for Mr. Miller, said that he was “extremely disappointed” and that the Miller family hadn’t decided whether to appeal.
He said his client felt “extremely remorseful” about killing Mr. Fisher and distraught about the verdict. “They were friends,” Mr. Palmer said. “He will always carry that with him.”
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TexasStooge
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Big rig driver nabbed after chase
By MARY ANN RAZZUK / WFAA ABC 8
MELISSA, Texas — The driver of an 18-wheeler was arrested Thursday after leading police on a wild chase across Collin County.
The truck driver was accused of triggering a chain-reaction accident in the town of Melissa, north of McKinney.
Police said Allen Ray Shipp rear-ended a pickup on State Highway 121 at Berry Road in Melissa. "That vehicle spun out of control and struck a third vehicle," said Melissa Police Chief Duane Smith. "The 18-wheeler continued southbound on 121 without stopping."
Six people—including an eight-month-old baby—were left behind on the highway in a three-vehicle pileup.
The tractor-trailer headed southbound into McKinney and the chase was on. Patrol units failed to pull over Shipp, who led officers on a nearly 20-mile pursuit into Frisco.
Officers finally cornered the driver at a concrete plant near Highway 121 and Custer Road.
"It's my understanding from the Collin County Sheriff's office—who sent a license and weight deputy over—that the vehicle was overweight," Chief Smith said.
But police said they were still investigating why Shipp's rig hit the pickup truck in Melissa. They said there was no evidence that Shipp attempted to brake before hitting the pickup.
"By striking it twice, we believe that there was no intent on stopping or trying to stop the vehicle," Chief Smith said. "We believe that it was somewhat intentional."
The six victims accident victims were not seriously hurt.
Shipp faces six counts of assault with a deadly weapon and evading arrest.
By MARY ANN RAZZUK / WFAA ABC 8
MELISSA, Texas — The driver of an 18-wheeler was arrested Thursday after leading police on a wild chase across Collin County.
The truck driver was accused of triggering a chain-reaction accident in the town of Melissa, north of McKinney.
Police said Allen Ray Shipp rear-ended a pickup on State Highway 121 at Berry Road in Melissa. "That vehicle spun out of control and struck a third vehicle," said Melissa Police Chief Duane Smith. "The 18-wheeler continued southbound on 121 without stopping."
Six people—including an eight-month-old baby—were left behind on the highway in a three-vehicle pileup.
The tractor-trailer headed southbound into McKinney and the chase was on. Patrol units failed to pull over Shipp, who led officers on a nearly 20-mile pursuit into Frisco.
Officers finally cornered the driver at a concrete plant near Highway 121 and Custer Road.
"It's my understanding from the Collin County Sheriff's office—who sent a license and weight deputy over—that the vehicle was overweight," Chief Smith said.
But police said they were still investigating why Shipp's rig hit the pickup truck in Melissa. They said there was no evidence that Shipp attempted to brake before hitting the pickup.
"By striking it twice, we believe that there was no intent on stopping or trying to stop the vehicle," Chief Smith said. "We believe that it was somewhat intentional."
The six victims accident victims were not seriously hurt.
Shipp faces six counts of assault with a deadly weapon and evading arrest.
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TexasStooge
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1 dead, 1 wounded in Northeast Dallas shooting
DALLAS, Texas (WFAA ABC 8/The Dallas Morning News) - A 32-year-old Dallas man was fatally shot and another man was wounded late Thursday when they were fired upon while sitting in a parked van, police said.
Dallas police Senior Cpl. Max Geron said four men were sitting in a van around 11:15 p.m. in the parking lot of an apartment complex in the 7200 block of Holly Hill Drive when a masked man shot inside the vehicle.
Sabas Vargas, who was sitting in the driver’s seat, died from multiple gunshot wounds, Cpl. Geron said.
Police said a man sitting in the front passenger seat was also shot multiple times and taken to Baylor University Medical Center, where he is in serious but stable condition. The man’s name has not been released.
Police are still investigating the incident but do not have any suspects, Cpl. Geron said.
DALLAS, Texas (WFAA ABC 8/The Dallas Morning News) - A 32-year-old Dallas man was fatally shot and another man was wounded late Thursday when they were fired upon while sitting in a parked van, police said.
Dallas police Senior Cpl. Max Geron said four men were sitting in a van around 11:15 p.m. in the parking lot of an apartment complex in the 7200 block of Holly Hill Drive when a masked man shot inside the vehicle.
Sabas Vargas, who was sitting in the driver’s seat, died from multiple gunshot wounds, Cpl. Geron said.
Police said a man sitting in the front passenger seat was also shot multiple times and taken to Baylor University Medical Center, where he is in serious but stable condition. The man’s name has not been released.
Police are still investigating the incident but do not have any suspects, Cpl. Geron said.
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TexasStooge
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One dead in head-on crash
FORT WORTH, Texas (WFAA ABC 8) — A head-on collision involving a propane tanker and a pickup truck killed at least one person Friday morning.
Police said three people were hurt in the 9:30 a.m. wreck in the 5300 block of Boat Club Road in far northwest Fort Worth. One of the injured was reported in serious condition.
The impact of the crash crushed the front end of the pickup truck.
FORT WORTH, Texas (WFAA ABC 8) — A head-on collision involving a propane tanker and a pickup truck killed at least one person Friday morning.
Police said three people were hurt in the 9:30 a.m. wreck in the 5300 block of Boat Club Road in far northwest Fort Worth. One of the injured was reported in serious condition.
The impact of the crash crushed the front end of the pickup truck.
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TexasStooge
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Texas unemployment holds steady
AUSTIN, Texas (DallasNews.com/AP) — Texas' unemployment rate held steady at 5 percent for the second consecutive month in March as the state added another 23,200 jobs, the Texas Workforce Commission said Friday.
The state also maintained its annual growth rate of 2.9 percent by adding 279,400 jobs over the past year. In March 2005, the unemployment rate was 5.3 percent.
“Employment is up, unemployment is down, and that's good news for Texas workers,” said commission official Ronny Congleton.
An estimated 573,300 Texans remained actively looking for work in March, down 5,000 from February and a drop of 26,000 from the year-ago period. All job sectors have seen an increase since March 2005.
“Sustained job growth speaks well for Texas employers and the Texas economy,” said commission official Ron Lehman.
The figures were adjusted for seasonal trends in hiring and firing, which most economists believe gives a better picture of the job market. The national unemployment rate is 4.7 percent.
Trade, transportation and utilities added 5,200 jobs in March, the most of any sector. Professional and business services added 4,700, and education and health services increased by 4,500 jobs.
Other increases came in construction (3,900), financial activities (2,000), government (1,500), natural resources and mining (1,200) and information (1,200).
Manufacturing; leisure and hospitality; and other services saw modest declines totaling 1,000 jobs.
AUSTIN, Texas (DallasNews.com/AP) — Texas' unemployment rate held steady at 5 percent for the second consecutive month in March as the state added another 23,200 jobs, the Texas Workforce Commission said Friday.
The state also maintained its annual growth rate of 2.9 percent by adding 279,400 jobs over the past year. In March 2005, the unemployment rate was 5.3 percent.
“Employment is up, unemployment is down, and that's good news for Texas workers,” said commission official Ronny Congleton.
An estimated 573,300 Texans remained actively looking for work in March, down 5,000 from February and a drop of 26,000 from the year-ago period. All job sectors have seen an increase since March 2005.
“Sustained job growth speaks well for Texas employers and the Texas economy,” said commission official Ron Lehman.
The figures were adjusted for seasonal trends in hiring and firing, which most economists believe gives a better picture of the job market. The national unemployment rate is 4.7 percent.
Trade, transportation and utilities added 5,200 jobs in March, the most of any sector. Professional and business services added 4,700, and education and health services increased by 4,500 jobs.
Other increases came in construction (3,900), financial activities (2,000), government (1,500), natural resources and mining (1,200) and information (1,200).
Manufacturing; leisure and hospitality; and other services saw modest declines totaling 1,000 jobs.
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TexasStooge
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Civil suit filed against Irving, former officer
28-year veteran was acquitted Thursday in criminal assault case
By ALAN MELSON / The Dallas Morning News
IRVING, Texas - A lawsuit was filed in Dallas County civil court Friday against the city of Irving and a former Irving policeman who was acquitted on charges that he assaulted a motorist with pepper spray and a metal baton during a traffic stop.
Dallas attorney and community activist Domingo Garcia said his office will represent Jose Palomino in the suit against Dan Miller, a 28-year police veteran who was found innocent of assault.
Mr. Garcia said the suit alleges Mr. Miller assaulted and committed official oppression against Mr. Palomino, and that the city was negligent in failing to properly train its officers in physical restraint and basic Spanish.
“We had waited until after the criminal trial was over but I expected a not guilty verdict would come, like the Rodney King case,” Mr. Garcia said Friday. “Mr. Palomino will seek justice in civil courts, and we’ll have additional witnesses and evidence.”
During the criminal trial, a backup officer who also responded to the January 2005 incident said Mr. Palomino – an undocumented immigrant who could not speak English – did not pose a threat.
An expert and other Irving officers testifying for Mr. Miller, who was fired after the incident but appealed his termination, said the former officer's actions seemed to be appropriate. The jury foreman said an in-car video shown in court was important evidence in the case.
The lawsuit seeks $1 million in damages and an apology from Mr. Miller, Mr. Garcia said.
Charles Anderson, deputy city attorney for Irving, said his office was anticipating a civil lawsuit, but could not comment on specific details until he had seen the litigation.
Mr. Miller’s attorney, Bob Baskett, could not be reached for comment.
Dallas Morning News staff writer Robert Tharp contributed to this report.
28-year veteran was acquitted Thursday in criminal assault case
By ALAN MELSON / The Dallas Morning News
IRVING, Texas - A lawsuit was filed in Dallas County civil court Friday against the city of Irving and a former Irving policeman who was acquitted on charges that he assaulted a motorist with pepper spray and a metal baton during a traffic stop.
Dallas attorney and community activist Domingo Garcia said his office will represent Jose Palomino in the suit against Dan Miller, a 28-year police veteran who was found innocent of assault.
Mr. Garcia said the suit alleges Mr. Miller assaulted and committed official oppression against Mr. Palomino, and that the city was negligent in failing to properly train its officers in physical restraint and basic Spanish.
“We had waited until after the criminal trial was over but I expected a not guilty verdict would come, like the Rodney King case,” Mr. Garcia said Friday. “Mr. Palomino will seek justice in civil courts, and we’ll have additional witnesses and evidence.”
During the criminal trial, a backup officer who also responded to the January 2005 incident said Mr. Palomino – an undocumented immigrant who could not speak English – did not pose a threat.
An expert and other Irving officers testifying for Mr. Miller, who was fired after the incident but appealed his termination, said the former officer's actions seemed to be appropriate. The jury foreman said an in-car video shown in court was important evidence in the case.
The lawsuit seeks $1 million in damages and an apology from Mr. Miller, Mr. Garcia said.
Charles Anderson, deputy city attorney for Irving, said his office was anticipating a civil lawsuit, but could not comment on specific details until he had seen the litigation.
Mr. Miller’s attorney, Bob Baskett, could not be reached for comment.
Dallas Morning News staff writer Robert Tharp contributed to this report.
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