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#301 Postby TexasStooge » Fri Jan 28, 2005 1:16 pm

Trucker plea deal off table

Defense denies rejecting offer in Sherman crash that killed 10 people

By TIARA M. ELLIS / The Dallas Morning News

SHERMAN, Texas – Prosecutors have withdrawn a plea agreement offering 10 years in prison to a truck driver accused of causing an accident that killed 10 people last year, said attorneys involved with the case.

The prosecution says the plea bargain was rejected this month. But the truck driver's attorney says he never got the chance to respond to the offer, which was made this month.

Regardless, the deal is no longer on the table, and the case will go to trial, attorneys on both sides said.

Grayson County Attorney Joe Brown said he has received calls and e-mails from friends and relatives of the victims opposing the deal.

Assistant district attorney Kyson Johnson said his office saw the revocation of the plea offer as "consideration of the victims' wishes."

Truck driver Miroslaw Janusz Jozwiak, 45, has been held in the Grayson County jail on $2 million bail since the Sept. 20 crash and is expected to remain there until trial. That could come in August or September, said his attorney, Cornel Walker.

After a short plea conference Thursday morning, Mr. Johnson said his office believed that Mr. Walker turned down the offer when it was presented at a Jan. 6 arraignment hearing.

"He stated: 'We're not going to plead to 10 years. But I'm going to take this offer to my client' or something along those lines," Mr. Johnson said. "We considered the offer rejected."

Mr. Walker said he never presented the offer to his client, a native of Poland who does not speak English.

He said he would never reject a plea offer without checking with his client first.

"It's not up to me to accept or reject a plea offer, and I did not do so in this case," Mr. Walker said.

Mr. Jozwiak, a resident of Daytona Beach, Fla., is accused of driving his tractor-trailer across the grass median of U.S. Highway 75 into oncoming traffic and hitting two vehicles. Five people in each vehicle died.

One of the vehicles carried a truckload of workers heading home from a roofing job. Killed were J. Marcos Esparza, 41; Manuel Esparza, 39; German Esparza, 19; Hector Zapata, 33; and Joel Mendoza Ruiz, 36.

Two other men in the vehicle suffered serious injuries that continue to require medical attention.

A sport utility vehicle carried a family from New Hope, Texas, who were returning from a shopping trip to Sherman. Lisa Martin, 32; her mother, Betsy Wood, 70; and Ms. Martin's three sons, Chance, 4, Brock, 2, and Reid, 2 months, died in the crash.

Mr. Brown has said that a depressant found in a urine sample of Mr. Jozwiak causes drowsiness and probably led to the deadly crash.

Mr. Walker denies that assertion, saying this was an "unfortunate accident."

Relatives of the victims expressed anger at the plea offer, saying 10 years was not enough prison time.

Attorney Domingo Garcia is representing the two survivors – Javier Esparza and Candelario Esparza – and Maria Carmen Esparza, the wife of Manuel Esparza. Mr. Garcia attended Thursday's hearing on their behalf.

"The family was not happy with the plea offer. They at least want the opportunity to present their victim impact statements," Mr. Garcia said. "The families want justice."

Mike Martin lost his wife, three sons and mother-in-law in the accident. He had not talked to the news media after the accident but decided to speak up when he heard about the plea offer.

Mr. Martin said nothing would bring back his family. So he doesn't want vengeance, but justice.

"I'm just thankful that Mr. Brown has pulled the plea and that he trusts the people of Grayson County," he said. "I just want 12 people to hear the evidence and rule on the case. I have faith that 12 people will make the right decision."
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#302 Postby TexasStooge » Fri Jan 28, 2005 1:19 pm

Students stay away after threats

By TAWNELL D. HOBBS and GRETEL C. KOVACH / The Dallas Morning News

DALLAS, Texas - About a third of the seats were empty at J.J. Rhoads Learning Center Thursday where security is heightened after a suspected drug dealer threatened to harm students who may have found his money.

At least one student from the South Dallas elementary school discovered the money - perhaps as much as $100,000 - in a bag not far from the school. Authorities and parents said the drug dealer has already threatened children at their homes to recover the money.

About 200 of the school’s 600 students failed to show up for class Thursday, said Donald Claxton, spokesman for the Dallas Independent School District.

Some parents who picked up their children at the school Wednesday had said they were afraid to send them back to school Thursday.

Mr. Claxton said the district is in the process of drafting a letter for students to take home to parents.

“We certainly want to keep parents informed of what we know, and that we will do whatever we can to keep the kids safe,” he said.

DISD officials started hearing about students showing up at school with large amounts of money on Monday. Mr. Claxton said the district didn’t have evidence of a viable threat until Wednesday.

Parents at the school Wednesday said the money was shared among several students, and possibly others in the neighborhood. The identity of the student – or students – who found the money was not immediately known.

"We do know there are persons of all ages involved," Mr. Claxton said. "We are aware of multiple people that have received varying amounts."

Some parents said Wednesday that they're worried about what might happen to their children.

Erie Roy was watching television with her 12-year-old son Tuesday afternoon when two men stormed through her open front door with two of the boy's friends in tow.

One of the men kept his hand in his pocket as if he had a gun, she said, as one of the boys cried. He pleaded with her son, "Man, give them the money, I'm in trouble man, I'm in trouble."

The intruders towered over her son, who was home sick from school. The man who did all the talking threatened him, Ms. Roy said.

"He said, 'I don't have no problem with killing you. I want my money right now,' " she recalled.

Ms. Roy, a 39-year-old office worker for American Airlines Center, ordered her son into the kitchen and called 911. She put the phone on speaker and started describing the men, who ran out and drove away.

"The police took my name and number and said, 'If they come back, call us.' These are drug dealers. If they come back – I'm afraid," she said, sobbing. "I know they're going to hurt me. What am I supposed to do?"

After the men left her house Tuesday, she got a call from her 17-year-old son's best friend. The friend described two men who'd showed up at Lincoln High School and choked him, demanding their money.

On Wednesday night, Ms. Roy said her house was being watched by three men sitting in a car outside. That's when she sent her sons to a relative for safekeeping.

Ms. Roy said her youngest son was offered money by neighborhood kids Sunday but insists he never took it. Her older son, she said, didn't know about the money until he found out that the men barged into their home Tuesday.

Ms. Roy gave the intruders' license plate number to the police. She's afraid they'll come back.

"I know these people are serious. If they come back, these drug dealers, they're not coming back to have a cup of coffee," she said.

KaJuana Junior, another parent, said her 12-year-old daughter and other students were each offered $200 by a classmate. She said her daughter didn't take the cash.

Sgt. Gil Cerda, a Dallas Police Department spokesman, said that an investigation is under way and that students are being interviewed.

Safety concerns prompted authorities to beef up security at J.J. Rhoads Learning Center on Wednesday. Access to the school was restricted for about an hour as school district police patrolled the campus. The unusual security created an atmosphere of confusion at the school Wednesday afternoon, when children typically are released.

Some parents, including Jackie Austin, said they received phone calls telling them to pick up their children.

"They never did tell me what's going on," Ms. Austin said after retrieving her son.

When parents arrived, access to the building was limited.

"This is outrageous," one man said as he left the school with his young son.

Mr. Claxton said he could not comment on the specific nature of the potential threat to the school and its students. For now, he said, extra security will be stationed at the school.

Ms. Junior, whose daughter was among the students offered cash, doesn't plan to bring her children back to the school until the matter is cleared up.

"It's scary," she said. "We don't know what's going on."

Mr. Claxton said the district plans to send letters home with students to explain what has happened.

"We hope parents will be very understanding," he said.

Aimee Bolender, president of the teacher's group Alliance AFT, said teachers at the school are concerned that whoever is behind the threats could resort to a drive-by shooting. Some teachers, she said, were debating whether to come to work today.

"They need evidence that they will be protected," she said. "They are very, very fearful ... for themselves and their students."
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#303 Postby TexasStooge » Fri Jan 28, 2005 1:21 pm

Group claims karaoke is criminal

By APRIL KINSER / WFAA.com

DALLAS, Texas - The next time you see someone jump onstage at a karaoke bar and belt out a tune, keep in mind you could be watching an illegal act. And it wouldn’t be the singing.

The American Society of Composers, Authors and Publishers announced this week it has sued 24 restaurants, clubs and bars in 15 states, including Texas, for allowing live performances of their members’ songs or customers’ singing of copyright music without permission, resulting in lost income for the artists.

And the establishments have ignored repeated requests to pay required fees, he said.

The association licenses its members’ works, which include 8 million songs and compositions from artists such as Alicia Keyes and Trisha Yearwood, and collects royalties for public performances of those copyright works.

Public establishments must pay a fee if any copyrighted songs are performed live or played through a radio station, jukebox, television or CD player.

The average establishment pays $2.16 per day, depending on how it uses copyright songs and how often they are performed, Vincent Candilora, president of licensing for ASCAP, said Friday.

“The owner of the karaoke bar needs to have permission or a license and pay royalties,” Candilora said. “You as the person getting up to sing have no obligation. A band performing a song has no obligation. It is the establishment deriving the benefit.”

Scuttlebutts Restaurant and Bar in Lubbock, OUI Club in Wichita Falls and Happy Town Karaoke in Houston were three Texas establishments targeted.

Dan Venglarik, a Dallas-based patent law attorney, said performing karaoke generally does not violate copyright law, unless establishments require a cover charge or profit in some way from the actual performance.

“If you just stand up in a bar or in public and start singing, you’re not infringing on any copyright laws,” Venglarik said. “It comes down to whether you’re making money off of it or not.”

Stephen Rowland, a manager at Scuttlebutts, said the restaurant features a professional singer performing rock and pop songs with a karaoke machine accompaniment. While the restaurant pays the singer, customers are not required to pay a cover charge, he said.

“My opinion is that is should be up to (the professional singer) to deal with ASCAP, not us,” Rowland said.

Rowland said the restaurant was in the process of working with ASCAP to settle the dispute.

Candilora said ASCAP would like to settle most of the litigation outside of court. Penalties could range anywhere from $750 to $10,000 per infringement from the first time ASCAP contacted the establishment, he said.

“We want these clubs to be successful and we want them to make money from the uses of our members’ songs, “Candilora said. “We don’t want to sue people, but there are always those who thumb their nose at the law.”
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#304 Postby TexasStooge » Fri Jan 28, 2005 1:26 pm

Suspicious Package Forces Evacuation Of Coppell City Hall

2 People Undergo Decontamination Process As Precaution

DALLAS, Texas (KXAS NBC 5) -- Hazmat teams from Irving are at Coppell City Hall after the entire building was evacuated when a suspicious package was found Friday morning.

The evacuation happened at about 8 a.m. after a package was picked up with the day's mail.

Two people handled the package and are going through a decontamination process as a precaution.

Authorities expected to have everyone back inside City Hall by late morning.
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#305 Postby TexasStooge » Fri Jan 28, 2005 1:27 pm

Police Arrest High School Football Players For Alleged Robberies

Mesquite Teens Face Up To 99 Years In Prison If Convicted

DALLAS, Texas (KXAS NBC 5) -- Two North Mesquite High School football players accused of aggravated robberies in Mesquite and Garland could get serious jail time if convicted.

The victims in the crime said Brandon Jackson and Travon Wilson robbed them at gunpoint while they were fixing their truck at a Mesquite apartment complex.

The suspects were star football players on the North Mesquite varsity team.

The teenagers, arrested early Thursday, face up to 99 years in prison if convicted.
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#306 Postby TexasStooge » Fri Jan 28, 2005 1:29 pm

Weapons Cache Discovered At North Texas House

Man Jailed On $200,000 Bond

DENTON, Texas (KXAS NBC 5) -- Hand grenades, homemade bombs and mines are among items in an arsenal confiscated from a hospital worker's home Denton home.

Randall Todd remains jailed in lieu of $200,000 bond. The 51-year-old employee of Dallas' Baylor University Medical Center on charges of aggravated assault and assault on a peace officer.

Police say Todd allegedly shot a construction worker who was in a portable toilet at a construction site across the street. Later, he allegedly struck a law officer twice in the face.

The construction worker was treated at Denton Regional Medical Center for a minor gunshot wound and released.

Police diverted traffic through the neighborhood for several hours while the explosives and weapons were removed from the house.

They say the seized munitions included eight hand grenades, blasting cords, napalm and Claymore fragmentation mines and silencers for pistols and rifles.
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#307 Postby TexasStooge » Fri Jan 28, 2005 1:31 pm

Police: Woman Hit, Killed By Beer Truck Driver

Pickup Driver Faces Drunken Driving Charges

FORT WORTH, Texas (KXAS NBC 5) -- A woman is dead after police say she was struck by the driver of a Miller beer pickup truck early Friday morning.

Police said the driver of the pickup drove into a man and woman on the side of the road, pinning her between two vehicles. The pair were exchanging information after a three-vehicle traffic accident on University near Interstate 30 at about 1:30 a.m.

The driver of the pickup is behind bars and is facing drunken driving charges.

Officials said the woman and the man were transported to Harris Methodist Hospital in Fort Worth. Fort Worth police told NBC 5 the woman later died and that the man is suffering from head injuries.
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#308 Postby TexasStooge » Fri Jan 28, 2005 1:33 pm

Man Arrested For String Of Arlington Store Robberies

Bond Set At $70,000

ARLINGTON, Texas (KXAS NBC 5) -- Arlington police arrested a man they say robbed nine convenience stores on the city's southwest side.

James Byron Nix, 23, was arrested Thursday night while leaving his residence on the 800 block of Ashmount Lane in southwest Arlington. Police said a tip from someone who recognized Nix from the surveillance tapes led to his arrest.

Earlier this week, NBC 5 displayed surveillance camera video that showed the robber in action.

Nix is charged with aggravated robbery and prosecutors told NBC 5 that more charges are coming.

Bond has been set at $70,000.
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#309 Postby TexasStooge » Fri Jan 28, 2005 1:34 pm

Officers Face Charges Of Indecency With Child

Darrell Wayne Wright, Dennis Alatzas Arrested

FORT WORTH, Texas (KXAS NBC 5) -- Two Denton County police officers were arrested Thursday on charges of indecency with a child.

According to investigators, Darrell Wayne Wright had a sexual relationship with a 16-year-old.

They said Wright had intercourse and oral sex with the minor female and that Alatzas not only knew about it, but also let the acts take place inside his home.

The men, both from Aubrey, each face up to 20 years in prison and a fine up to $10,000.

According to a press release, the girl admitted to Child Protective Services officials that she had about six sexual encounters with Wright.
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#310 Postby TexasStooge » Fri Jan 28, 2005 1:49 pm

GOVERNOR PERRY GIVES STATE OF STATE ADDRESS

AUSTIN, Texas (KDFW Fox 4) -- Governor Rick Perry urged more spending on education and job creation in his State of the State address. The Governor says he wants to replace the existing "Robin Hood" school funding system while lowering proptery taxes.

Perry says he's open to the idea of a business tax to provide additional funding for schools. The Governor's proposed budget totals 135-billion dollars. Some lawmakers say Perry was too vague and are asking for specifics.
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#311 Postby TexasStooge » Tue Feb 01, 2005 10:04 am

Officer accused of sexual assault

Pilot Point officer accused of relationship with 16-year-old girl

By MARY ANN RAZZUK / WFAA ABC 8

PILOT POINT, Texas - The Texas Rangers are widening a sexual assault investigation into police officers from two Denton County towns.

A Pilot Point police officer is accused of having a sexual relationship with a teenage girl, and an officer from Aubrey is accused of letting them use his home.

Darrell Wright was arrested for indecency with a child, and later fired from his position. Aubrey officer Dennis Alatzas was also arrested for allegedly allowing the two to use his home.

"(Wright) is 39 years old and a police officer, and she's a 16-year-old girl," said Tracy Murphree of the Texas Rangers.

Detectives want to know if other officers knew about the situation.

"There's some evidence I really can't talk about that would indicate to me that there may have been some other officers that know about this," Murphree said.

In court records, the victim claims to have had six sexual encounters with Wright between October 2004 and January 2005.

According to an arrest warrant affidavit, there apparently was "a history of instant messaging and e-mailing in a sexual nature between the victim and Wright." Investigators also discovered a web camera at the victim's home.

Residents of the two small Denton County cities are stunned by the news.

"I wouldn't want something like that to happen to my girl or my son because they're my world," said resident Sareina Guidry. "I want them to be protected, not harmed."

"It's not a good thing for the city of Pilot Point," said mayor Jerry Alford. "We feel like it's an isolated case; we're just disappointed that it happened."

The scope of the investigation is expanding as detectives try to determine if other people knew about the alleged sexual encounters, and whether others were involved.
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#312 Postby TexasStooge » Tue Feb 01, 2005 10:06 am

Bush Turnpike barriers under way

By STEVE STOLER / WFAA ABC 8

DALLAS, Texas - Drivers on the President George Bush Turnpike are getting some extra protection from potentially deadly crossover accidents.

The North Texas Tollway Authority is installing concrete barriers along the entire 25-mile highway, beginning just east of the Dallas North Tollway. Crews began work Monday morning, lifting and lowering concrete barriers weighing more than 15,000 pounds each.

They're heavy and unsightly, but designed to save lives by stopping out-of-control cars and trucks from crossing the median into oncoming traffic. The NTTA board decided to install the barricades after three people died in four crossover accidents last year.

"If a vehicle hits this, it will definitely prevent them from continuing further," said NTTA engineering director Mark Bouman.

In a one-month span last year, there were four crossover collisions on the Bush Turnpike; in each, vehicles skidded across the grassy median into oncoming traffic. Three of those head-on accidents were fatal, killing four people.

"Our hearts and prayers go out to those people," Bouman said. "It made us realize we need to put an even higher level of safety on the turnpike."

The turnpike met all state and national safety requirements without the barriers, but NTTA board members approved them to increase safety.

Several drivers told News 8 they believe the $7 million barrier project will make the Bush Turnpike safer.

"They should have been done that way from the beginning," said driver Randy Dumas.

"It's so easy to skid across and hit other people on the other side of the highway," Jennifer Anderson said. "I think it will keep down a lot of accidents."

"If they save lives or help reduce injuries, I'm all for them," said Mike Lecrone.

Crews will install about 3,000 feet of barrier every day. At that rate they should be finished with the entire 25 miles by the end of April.
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#313 Postby TexasStooge » Tue Feb 01, 2005 10:11 am

Hundreds gather to mourn Sanchez

By TANYA EISERER / The Dallas Morning News

DALLAS, Texas - A few weeks ago, family members gathered at a downtown Dallas cathedral on a joyful day to baptize the newborn daughter of Oscar and Theresa Sanchez.

On Monday, relatives returned to the cathedral for a somber occasion – the funeral of Mr. Sanchez, a Dallas restaurateur killed in a botched kidnapping-ransom plot.

"As Oscar looks down from heaven toward us, he smiles," said the Rev. Ramon Alvarez, alternating in English and Spanish during his eulogy at the Cathedral Shrine of the Virgin of Guadalupe.

"Now, he challenges us to go on with life. When he was with us, he had fun. He made people happy with his warmth and generous character. Believe me, he is now making souls happy in heaven."

At least 1,800 mourners attended the 90-minute funeral officiated by Bishop Charles Grahmann. The 1,100-seat cathedral was filled to capacity, and hundreds of others stood inside and outside the building.

Mr. Sanchez, 30, was kidnapped the morning of Jan. 18 in what police believe was a staged fender bender in his north Oak Cliff neighborhood.

The body of Mr. Sanchez – whose family owns and runs the popular La Calle Doce and El Ranchito restaurants in Oak Cliff and Lakewood – was found covered by construction debris last week in a field in southern Dallas.

During the funeral, the family showed a photographic medley against a musical backdrop that included a song by the Beatles and a sad Willie Nelson ballad.

Photos and videos told the story of Mr. Sanchez as a warm and generous man. As a boy, little Oscar was dressed in a Halloween costume as a member of the rock band Kiss. One photo showed him wearing a tuxedo. Another was of Mr. Sanchez and his wife at their wedding. Recent pictures captured him changing his newborn daughter's diaper and napping with his little girl.

His sobbing wife clutched photos of her and her late husband as she and other family members followed the walnut-colored casket outside. Strains of mariachi music filled the cathedral.

After the funeral, Juan Sanchez, Mr. Sanchez's uncle, read a short but emotional statement:

"Oscar was a truly good person in every sense of the word who loved his wife, Theresa, deeply, [and] was thankful to God for his daughter, Helena. These people who committed this senseless, cruel and cowardice crime have taken away a husband, a father, a son and a leader in our community.

"Our family is strong and deeply united, and we will get through this, but we will never, ever forget. Oscar will live in each one of us for as long as we live."

One suspect, Jose Alberto Felix, 28, a former Dallas schoolteacher, remained in the Dallas County jail Monday. He was arrested in Chicago in connection with Mr. Sanchez's disappearance. Police expect to soon upgrade the charge against him to capital murder.

A second suspect, Edgar "Richie" Acevedo, 24, is believed to be a fugitive in Mexico.

Mr. Felix's attorney has said his client denies participating in Mr. Sanchez's slaying and claims to have been forced, sometimes at gunpoint, to take part in a scheme to extort money from the Sanchez family.

Mr. Acevedo had worked at one of the family's restaurants until November.
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#314 Postby TexasStooge » Tue Feb 01, 2005 10:13 am

Sketch of robbery suspect released

DALLAS, Texas (WFAA ABC 8) - Dallas police on Monday released a sketch of a man they say stabbed two women to death and critically injured another while robbing an East Oak Cliff beauty salon earlier this month.

Police said they believe the suspect entered Chely’s Beauty Salon in the 1900 block of South Beckley Avenue around 7:30 p.m. Jan. 14 with robbery as the motive.

Salon owner Araceli Urtes, 39, and her employee, Juanita Colunga, 56, were stabbed to death. Customer Carmen Luna, 35, was critically injured, police said.

One of the victims called the suspect “Alex” during the assault, police said.

Police described the suspect as a Hispanic male, 25 to 30 years old, medium to heavy build and approximately 5 feet 5 inches to 5 feet 8 inches tall.

Schepps Dairy is offering a $10,000 reward for any information leading to the arrest and indictment of the suspect or suspects involved.

Anyone with information should call the Dallas police homicide unit at 214-671-3661 or Crimestoppers at 214-373-TIPS.

Image
Sketch provided by Dallas Police Dept.
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#315 Postby TexasStooge » Tue Feb 01, 2005 10:14 am

Mother jailed over son's unpaid fees

ANGLETON, Texas (AP/The Dallas Morning News) - A Houston-area mother who spent time in detention with a daughter over tardiness has landed in jail over one of her son's unpaid fines.

Susan Manis of Pearland was surprised Friday night at her home by two Brazoria County deputies with a warrant for her arrest.

"I'm wondering what's going to happen next," she said Monday. "I'm 42 years old, and I've never had anything more serious than a traffic ticket."

The arrest warrant for Manis, who has four children and two stepchildren, was issued after she failed to make a monthly payment on fees and fines levied against one of her sons when he was a juvenile.

Because Manis' son, now 19, does not have a steady job, she had agreed to send the court $50 a month to pay off about $10,000 in fines, fees and court costs he owes from three different convictions of offenses as a juvenile. Manis said she was unable to make last month's payment.

"I accepted responsibility for them," she said.

Manis said she was handcuffed, put in a patrol car and taken to a Brazoria County jail holding cell.

"I just cried at first," she said of her jail stay.

Manis was in court Monday and agreed to make a payment by Thursday.

Her husband, Steve Manis, had contacted a judge, who called the jail and ordered her release.

The couple earlier spent an hour in school detention with their 13-year-old daughter, who was late for class six times when the family's van wouldn't start.
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#316 Postby TexasStooge » Tue Feb 01, 2005 10:16 am

Boy, 14, killed in road rage shooting

Stepdad wounded after near-collision in Oak Cliff; gunman sought

By IAN McCANN / The Dallas Morning News

DALLAS, Texas - A 14-year-old boy was killed and his stepfather wounded Sunday afternoon in a road-rage shooting in a west Oak Cliff parking lot, authorities said.

Police identified the boy killed as Ruben Juarez. His stepfather, 25-year-old Gilbert Garza, was treated Sunday at Methodist Dallas Medical Center and released. A third person, a 14-year-old friend of Ruben's, was also in the family's SUV at the time of the shooting but was not hurt. Police were still interviewing him Sunday evening.

"He didn't deserve this," Ruben's mother, Mary Juarez, said. "He was just a baby.

"They took the life of a child who didn't deserve this."

Police are seeking the gunman, who was said to be driving a silver, beige or champagne-colored car. Dallas police Sgt. Gary Kirkpatrick said the car was a Geo Prism or a similar small car. Police did not have a description of the suspect.

The victims were headed north in the parking lot in the 3300 block of West Davis Street about 2 p.m. The other car was going in the opposite direction when the vehicles nearly collided.

Mr. Garza said he honked at the car and the other driver honked back.

Sgt. Kirkpatrick said the gunman got out, pulled a rifle out of his car and fired a single shot. The bullet went through the driver's side door, hit Mr. Garza and struck Ruben. The gunman drove away on Davis Street, but police were unsure in which direction.

Mr. Garza drove to his home about a half-mile away, in the 3700 block of Mt. Royal Street, and called for help.

"It doesn't appear that they [the drivers] knew each other," Sgt. Kirkpatrick said. "It looks like we've got an innocent victim who was shot by someone over something that normally wouldn't go this far. It didn't sound like there was any yelling or screaming between them – it was cold and raining, and their windows were rolled up."

Sgt. Kirkpatrick said it's not unusual for people to leave a shooting scene to call for help.

"It's a normal thing for people to go somewhere where they feel safe," he said.

Neighbors said the Garza family had recently moved into a small duplex. Most declined to talk about the victims or what happened Sunday afternoon after Mr. Garza returned to the neighborhood near Cockrell Hill.

"They had been living here for about two months, and we don't know much about them, only that a lot of young men lived there and that a lot of people came in and out of the house," said Joel Iglesia, a neighbor who lives in the other side of the duplex.

Sgt. Kirkpatrick said that police did not know what kind of weapon was used but that it appeared to have been a high-powered rifle.

The parking lot where the shooting occurred is shared by Mi Pueblito Taquería restaurant, bus depot Central de Autobuses Americanos and Bargin City Bazaar in the Westmoreland Plaza shopping center. Sgt. Kirkpatrick said that investigators interviewed a handful witnesses but that there may be more.

"Somebody might have written down a license plate or might have other information about this," he said. "There's a lot of traffic. We believe there are witnesses that aren't here who we haven't spoken with."

People with information about the shooting are asked to call the Dallas police homicide unit at 214-671-3661.

Al Día and The Associated Press contributed to this report
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#317 Postby TexasStooge » Tue Feb 01, 2005 10:18 am

Delta's D/FW pullout leaves questions

By DAN RONAN / WFAA ABC 8

DFW INTERNATIONAL AIRPORT, Texas - Tuesday will mark the end of a long era at Dallas/Fort Worth International Airport when Atlanta-based Delta Airlines dramatically cuts service to and from North Texas.

Delta is losing nearly $4 million a day, and its officials said the airline must cut service in North Texas to survive.

Faced with tough competition, rising fuel prices and the threat of bankruptcy, Delta is eliminating D/FW as a hub amidst its fight to stay in business. That's leaving big questions for passengers, as well as the airport.

"I'll continue to fly Delta as long as they service me, and as long as they're servicing the areas I'm going to," said traveler Dennis Wilkerson.

But at D/FW, that will no longer be guaranteed.

For Delta, passengers will have far fewer choices in what will be a dramatically smaller operation. They will go from 254 daily flights to just 21, and 3,600 jobs will be lost.

Airport officials said that will mean a $50 million loss in annual revenue. So now, D/FW officials are actively looking for airlines that may be interested in setting up shop at D/FW, and taking all or part of the 24 gates being vacated by Delta. They're even offering incentives to bring another airline here.

"We are working diligently to find a carrier or carriers to backfill the gates being vacated by Delta," said D/FW's Kevin Cox.

Southwest officials said D/FW doesn't fit their business plan, and they plan to stay exclusively at Love Field while working to repeal the Wright Amendment.

However, low-cost upstart AirTran said it's very interested in expanding at D/FW.

"AirTran has shown an ability to weather the storm," Cox said. "They are one of two carriers that are profitable. We love AirTran, the fare structure they've been providing, and they're fine people.

"We have to find an airline that is willing to make the commitment," said Prof. Mike Davis of SMU's Cox School of Business. "In this airline market, everybody has to be really cautious."

Through good and bad times, Delta was part of North Texas' colorful aviation history. 75 years ago, the airline flew its first flight from Dallas to Monroe, Louisiana. Now, in a matter of hours, it will be a much smaller, less important presence at D/FW.
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#318 Postby TexasStooge » Tue Feb 01, 2005 10:20 am

Oak Cliff alcohol sales explored

Group to survey residents despite area's long dry history

By FRANK TREJO / The Dallas Morning News

OAK CLIFF, Texas - While the sale of most alcohol has been prohibited in Oak Cliff since before it was even a part of Dallas, a newly formed citizens group is exploring the possibility of a local option election.

"We feel the time is right to at least conduct a professional survey of people living in JP Precinct 5, to determine what they think about the sale of beer and wine and mixed drinks," said John Cramer, manager of Citizens for Responsible Beverage Sales.

Justice of the Peace Precinct 5, which contains much of what used to be Justice of the Peace Precinct 7, includes portions of north Oak Cliff and West Dallas, as well as parts of the Stemmons Corridor and even a little bit of Oak Lawn.

"Our ultimate goal is to give the voters of Oak Cliff and West Dallas the option to decide if they want to have a local option election," Mr. Cramer said.

Group members say they are very much aware of the history of alcohol prohibition in Oak Cliff and how difficult it has been to get previous local option efforts even to the election stage. The last election was in 1960.

The group contends prohibition has had a negative impact on Oak Cliff's economic development, with restaurants and other businesses that sell alcohol avoiding the area.

"This is a grassroots effort," said Scott Griggs, a member of Citizens for Responsible Beverage Sales. "At this point, this is really about giving everybody in JP 5 a voice."

The group has scheduled a public meeting at 10 a.m. Saturday at the Oak Cliff Chamber of Commerce, 660 S. Zang Blvd.

Organizers say that if there is enough interest, and money, they will conduct a survey of precinct residents. If that shows strong support for some sort of alcohol sale initiative, then the group would seek signatures on petitions for a local option election.

The issue of alcohol sales has been a sensitive one in Oak Cliff even before the community was annexed into Dallas. Alcohol prohibition elections were held in the late 1800s.

Before it was annexed into Dallas, Oak Cliff was touted as an alcohol-free alternative. Anti-annexation forces in Oak Cliff contended that if the community joined the city to the north, it would become a dumping ground for alcohol.

According to research by the citizens group, when Oak Cliff was annexed into Dallas in 1903, one of the conditions was that the city of Dallas not repeal prohibition. But the group maintains that voters in what is now Precinct 5 can repeal the prohibition.

According to Tim Reeves, an election consultant who has been working with the Oak Cliff group, state law allows local option elections by justice of the peace precincts, cities or counties.

"That is what state law calls for and this group has decided to focus on JP 5," Mr. Reeves said. "If they are able to generate enough interest, then we would survey active voters and gauge people's sentiments as to sales."

The current Precinct 5 includes some areas that used to be in other precincts, so that means some businesses in those areas already sell alcohol. Mr. Reeves said those areas would not be affected, even if a local option election were to fail in Precinct 5.

Even though much of Oak Cliff is considered dry, beer, wine and mixed drinks are served in some restaurants and other establishments that have been licensed as private clubs. Officials of the Oak Cliff citizens group say the dry status has not completely kept alcohol out, but has merely made it more difficult for businesses to operate.

Joel Sontag, president of the Oak Cliff Chamber of Commerce, said his organization is interested in examining the issue of alcohol sales.

"At this point we're only going to look into the matter and see how we'll proceed with it. Whether we'll get involved, I still don't know," Mr. Sontag said.

"Certainly the chamber of commerce is interested in economic development and issues that affect the growth of the community. I do think it's important that we at least look into it at this time."
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#319 Postby TexasStooge » Tue Feb 01, 2005 10:32 am

Driver sought in hit-run

GARLAND, Texas (WFAA ABC 8) - Police are looking for the driver of a vehicle that struck two pedestrians and fled Wednesday afternoon.

Amy Frances and her 13-year-old son were walking in the crosswalk in the 12900 block of Jupiter Road by McCree Road about 4 p.m. when a tan, four-door car struck them. The boy was struck first, and Mrs. Frances was struck when she tried to help her son, police said.

Ms. Francis suffered severe head injuries and was taken to Presbyterian Hospital in critical condition. She later died. Her son suffered a broken leg and was also taken to Presbyterian Hospital.

Police said the car had a cracked windshield, front-end damage and hood damage.

Anyone with information is asked to call Detective Jr. Munster at 214-671-0008.

Donations for the Amy Frances Memorial Fund may be made to:
Phillip Offil
Goodwin & Gruger
1201 Elm St.
Dallas, TX 75270
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#320 Postby TexasStooge » Tue Feb 01, 2005 10:33 am

Missing TCU student found in El Paso

By KARIN KELLY / WFAA BAC 8

FORT WORTH, Texas — A TCU student who was missing since Monday afternoon was found safe in El Paso early today.

Donal "Hyatt" Ratigan, an 18-year-old freshman from Atlanta, Ga., was traced to the West Texas city after he used a credit card at a fast food restaurant.

Ratigan's disappearance led to a tearful appeal by his father, Donal Richard Hyatt, who traveled to Fort Worth on Wednesday.

"Yesterday evening we got a break in the case when a credit card was used by Hyatt at a Wendy's at about 4 p.m. in El Paso," TCU police Chief Steve McGee said.

El Paso police were alerted, and they found Ratigan's car—and the young man—at a Day's Inn motel.

"They made contact with him and they then put him in contact with our police department," McGee said.

Police did not reveal why Ratigan left the Fort Worth campus. The student and his father were reunited in El Paso Friday morning.
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