News from the Lone Star State

[TexasStooge]

Dallas Art Museum To Get Donations Worth Up To $400 Million

DALLAS, Texas (KXAS NBC 5) -- The Dallas Museum of Art has some goodies coming in the future under terms of the wills of some wealthy Dallas couples.

The museum says it stands to get three extensive art collections and a house designed by award-winning architect Richard Meier.

It'll also get a Monet painting valued at $25 million.

The bequests total as much as $400 million.

The art collections are now owned by Marguerite and Robert Hoffman, Cindy and Howard Rachofsky, and Deedie and Rusty Rose.

The three collections include 800 works from the 1940s to the present -- including works by Jasper Johns, Richard Serra, Willem de Kooning and Gerhard Richter.

Also, Margaret McDermott has promised the museum a Monet called "Water Lilies -- The Clouds."

[TexasStooge]

Frisco Resident Thwarts Attempted Home Robbery

Man Fights Off Armed Attacker

FRISCO, Texas (KXAS NBC 5) -- Police and residents in Frisco say that garage robberies are fairly common in the area, but the latest incident was more dangerous than those in the recent past.

Police said an man attacked a homeowner near Lebanon and Legacy armed with a pistol, stun gun and a pair of handcuffs.

The homeowner, "John," said he had his garage door open and was cleaning his truck when the robber walked up pointing a gun at him.

John told NBC 5's Randy McIllwain that he was forced to kneel in his garage while the intruder reached inside his black bag. When the assailant took out a stun gun, John said he jumped up and kicked the man in his ribs.

"He's still got the gun at me and I hold him, move the gun away from me, and put my body into him. I pushed him back into the truck door, and his body went back," John said.

With the robber off-balance, John then ran out of his garage. The tenatious robber gave chase and even shot at his fleeing victim. A surveillance system at John's house caught the would-be crook on tape and shows the man following John out of the garage.

"I took off running and he fired one shot, 'bam,' so I fell. I thought he shot me," John said. John said when he looked down he saw blood, but that turned out to be from the scuffle in the garage.

Police said the gunshot went through a neighbors metal garage door, a wall and finally came to rest inside a couch.

With the assistance of the Little Elm Police Department, Frisco police searched for the suspect with K-9 units but never found the man.

John said the robber left his handcuffs and stun gun in his garage and that Frisco police are analyzing the evidence and video in an effort to identify the armed robber.

Meanwhile, police are warning residents to keep their garage doors closed.

[TexasStooge]

Police Official Faces Possible Suspension For Taser Prank

Gun Packs 50,000-Volt Charge

FORT WORTH, Texas (KXAS NBC 5/Star-Telegram) -- An Assistant Police Chief in Euless is facing a possible suspension after pulling a Taser prank.

Police said Bob Freeman accidentally zapped a city employee, T.J. Donoghue, with the gun when he squeezed the trigger as a joke.

The Fort Worth Star-Telegram reported that Freeman said he didn't realize the Taser had a cartridge inside when he pulled the trigger.

Donoghue was in good spirits after the incident, and was willing to forget the incident, but Freeman insisted on an internal investigation.

The gun packs a 50,000-volt punch that temporarily incapacitates its victim.

The assitant chief told the Star-Telegram that he will accept whatever punishment comes his way. Officials said Freeman could receive anywhere from three days to two weeks without pay.

[TexasStooge]

Suspect linked to prior child assault

By JIM DOUGLAS / WFAA ABC 8

ARLINGTON, Texas — Arlington police say a man who was captured Tuesday after allegedly molesting a 9-year-old girl was also responsible for a similar crime five months ago.

Investigators said Jeremiah Gene Sexton was being held on two counts of aggravated sexual assault and a charge of endangering a child. Sexton remains jailed with bond set at $720,000.

On Tuesday, a Grand Prairie police officer encountered Sexton while he was sexually assaulting a child he had kidnapped on the way to her school in Arlington. Sexton was captured after a pursuit; the girl was hospitalized.

Arlington detectives said they were able to link Sexton to another abduction and sexual assault last Sept. 14 less than two miles from Tuesday's kidnapping.

The victim in September's incident was able to provide a physical description of the suspect and his vehicle that matched up with this week's case.

According to court documents, Sexton was convicted on four counts of indecent liberties with a child in Wichita, Kan. in 2000. He moved to Springtown, Texas in 2004.

[TexasStooge]

2 indicted for restaurateur's murder

DALLAS COUNTY, Texas (WFAA ABC 8) - A Dallas County grand jury today returned capital murder indictments for alleged kidnappers Jose Felix and Edgar Acevedo.

The two are accused of kidnapping and killing Dallas restaurateur Oscar Sanchez.

Felix is being held in the Dallas County jail. Acevedo, his alleged accomplice, is believed to be hiding out in Mexico.

Sanchez' body was recovered in a Dallas field last month after Felix was captured in Chicago.

WFAA-TV contributed to this report.

[TexasStooge]

TEXAS BRIEFS

From the Staff writers of KXAN NBC 36

In Wednesday's Texas briefs, San Angelo has been chosen as the site for the capital murder trial of an former nurse, find out which hot spots radar guns are clocking you at, and more.

Search crews are looking for a Denton County woman who's been missing for six weeks. Teams are searching land in Sanger across from Katherine Stobaugh's husband's property. Police officers got a search warrant and checked the property a month ago but found nothing.

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San Angelo has been chosen as the site from the capital murder trial of an former nurse accused of injecting ten elderly patients with lethal drugs doses. Jury selection for the trial of Vickie Dawn Johnson will be held the second week of March.

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The city of Irving will not be picking up the tab to fix some backyards that slumped several feet and nearly slid into a lake. An engineering report released Tuesday by Irving officials blames lake water and heavy rains, in part, for the landslide early this month. The city says the matter involves private property.

==============================

Radar guns are clocking you in these hot spots Wednesday morning: East U.S. Highway 290, South Manchaca Road, Ed Bluestein Boulevard and Rutland Drive from Burnet Road to Lamar Boulevard. Wednesday afternoon, be sure to slow down on Highway 183 North. Remember to drive friendly.

==============================

A new trial day has been set for the man accused of driving and abandoning a tractor trailer in Victoria, Texas in the nation's deadliest smuggling attempt. Jury selection in Tyrone Williams' trial begins Tuesday. The trial has been postponed four times so far.

[TexasStooge]

Drug Addiction Rises Among Soccer Moms

"Jennifer" Downed Up To 25 Pills Daily

FORT WORTH, Texas (KXAS NBC 5) -- Vicodin is a powerful prescription designed to treat pain, but an alarming number of people are using the drug just to get through their busy days -- and getting hooked in the process.

In fact, addiction cases have doubled and perhaps tripled during the last year alone, Dr. Byron Law-Yone said.

"I come into contact with someone every day … that is addicted to [Vicodin]," he said.

"Jennifer" is among them. The suburban North Texas housewife, who wishes to remain anonymous, said she abused the drug for nearly three years.

"You just knew if you have that in your purse, or a couple of extra in your pocket, and you have to go to a Chuck E. Cheese birthday party, that's going to make it a whole lot easier," she said.

Jennifer said downing as many as 25 pills a day gave her endless energy to help make juggling children and home more manageable.

"I could clean the house and have dinner ready and played with the kids," she said. "The day was never ending."

Vicodin is often prescribed after a surgery, or serious injury, but abusers can purchase the pills on the Internet. They may also lie to different doctors to maintain multiple prescriptions.

"At some points, I even thought about dropping something on my foot or slamming my hand in the door so I could break it and go to the ER, just so I could get it, if there was a delay in receiving it," Jennifer said.

Spending as much as $800 a month to feed her habit, Jennifer nearly overdosed and finally faced her addiction.

"I just didn't want to have to go to bed anymore and just not know if I was going to wake up the next morning," she said.

A new drug -- suboxone -- is helping Jennifer get clean at home. "Life is so much better," she said.

"With this drug, you put one tablet under your tongue and it dissolves, and people tell me the withdrawal and craving is gone," Law-Yone said.

Jennifer's story is typical, and addictions like hers are among the most difficult to detect and treat, Law-Yone said, because people high on the drug exhibit no visible signs of intoxication.

In response to this report, the maker of Vicodin, Abbott Laboratories, released this statement:
"Abbott supports the appropriate use of Vicodin so that potent opioid-based therapies remain available for patients who truly suffer from serious pain."

[TexasStooge]

Cellulite Melts Away With New Procedure

Velasmooth Is Painless Alternative To Liposuction

DALLAS, Texas (KXAS NBC 5) - Billed as a simple, non-invasive procedure that can be done in an hour, Velasmooth is a new way to eliminate cellulite.

One doctor performing the procedure called it a painless alternative to conventional liposuction that requires no general anesthesia and little down time.

The doctor said VelaSmooth works by using radio waves and infrared light to re-contour the skin surface, while a vacuum manipulates and smoothes out the skin. The patient is awake and alert during the procedure.

"All it is, is a hand piece that mechanically vibrates the fat cells, which increases the blood supply," the doctor explained. "And then, once that's mechanically manipulated, then it delivers heat in the form of radio frequency and light into the fat cells. What happens is, the fat cells are dissolved, and they're carried away through the circulation and excreted from the body."

The procedure is done over the course of 10 treatments, each lasting up to an hour. Before and after photos show the results, which are permanent.

Kate Mesta and Alan Bane both decided it was worth a try.

"I had the extra rolls where my bra line is, and I have those slumps on the side that no matter how many sit ups I did or how much cardio I did, I couldn't get rid of this one section," Mesta said.

"I've had four back surgeries, and because of the back surgeries, I can't do a lot of things with my legs, as far as running or riding a bike or anything cardiovascular," Bane said. "And because of that, you know, I've gained a few pounds over the years."

"My waist was over a 37, and now it's a little bit over a 33," Bane said after undergoing treatments.

"I really noticed a huge difference in three to four sessions," Mesta said. "I realized after 10 sessions, I'm looking at three, maybe four inches."

The procedure costs about $5,000 and is in the final stages of approval by the Food and Drug Administration.

For more information on Velasmooth, please click on the link below.

On The Net: http://www.planoaesthetics.com

[TexasStooge]

Capital murder case goes to jury

By Melody Mcdonald, Star-Telegram Staff Writer

FORT WORTH, Texas - Jurors will return this morning to continue deliberating the case of a 19-year-old man accused of robbing and fatally shooting a couple nearly two years ago inside their Candleridge home.

Jurors in state District Judge Scott Wisch's court deliberated about two hours Wednesday afternoon before asking to go home for the evening.

Lance Kirk is on trial in the death of Joan Griswold, 47, who appeared to have been praying or covering her eyes when she was shot in the back of the head.

He has also been charged with capital murder in the slaying of her husband, Robert Griswold, 58, a retired Navy commander who was clutching $80 when his body was found.

The Griswolds were longtime employees of Lockheed Martin.

Prosecutors contend that Kirk knocked on the door of the Griswolds' home in the 7100 block of Francisco Drive on the afternoon of May 24, 2003, and killed the couple after they let him in.

Afterward, prosecutors maintain, Kirk stole Joan Griswold's silver 2002 Infiniti, as well as the couple's credit cards and Robert Griswold's cellphone.

The couple's bodies were found three days later when Joan Griswold did not show up for work. The next day, May 28, 2003, Kirk was arrested driving her car after he ran a stop sign on Meadowbrook Drive.

In subsequent interviews with Fort Worth homicide Detective Curt Brannan, Kirk implicated Landon Phillips, a former classmate at Southwest High an accusation that was a focal point in the trial.

Kirk said in a statement that Phillips and another teen, whose name he did not know, invited him to the Griswolds' home to rob the couple. Kirk said he introduced himself to Robert Griswold, and then Phillips told him to go wait in the car.

Kirk told police that he heard gunshots and that Phillips and the other teen then came out of the house. Later, Kirk told police, Phillips let him use the Infiniti, the couple's credit cards and Robert Griswold's cellphone.

Police subsequently arrested Phillips but released him after determining he had an alibi.

In his closing argument Wednesday, defense attorney Brett Boone told jurors that the prosecutors' case left too many unanswered questions, loose ends and missing pieces for them to convict Kirk of capital murder.

There is no question that Kirk used Joan Griswold's car, he said. But there is nothing -- no DNA, fingerprints or hair -- to tie him to the slayings inside the home.

"Lance was using that car, credit card and phone," Boone said. "That is not good, but that is not murder."

Boone questioned why Joan Griswold's purse, which was found dumped out on her bed, was not dusted for fingerprints. He also attacked police for not trying a mysterious key found in the Griswold's home to see if it fit locks at Phillips' or Kirk's homes.

"That could set [Kirk] free," Boone said. "That's not right. That's not fair.

"This purse and this key hold the answers. Please do your duty and vote not guilty."

In his closing argument, prosecutor Miles Brissette told jurors that, after Kirk "executed" the Griswolds, he used their credit cards on gas, food and clothes at Foot Locker.

"Our little defendant here, he got 87 hours of fun" before he was arrested, Brissette said.

"It was a big party. Everything he was wearing when he was arrested was blood money -- bought and paid for by three rounds of a .380."

Prosecutor Richard Bland reminded jurors that the Griswolds' neighbor identified Kirk as the man she saw speeding away -- alone -- in a silver Infiniti on the afternoon of the slaying.

After the car was returned to relatives, Bland said, they found Lance Kirk's pants in the trunk. Inside Kirk's pockets were the keys to Robert Griswold's Ford Explorer -- a significant piece of evidence that puts Kirk in the Griswolds' home, he said.

Bland reminded jurors that Kirk told investigators that Phillips gave him the couple's credit cards and Joan Griswold's car but did not mention the key to Robert Griswold's Ford Explorer.

"He came alone," Bland said. "He left alone. Everything that was taken -- he had. There was no one else. The defendant is guilty of capital murder."

Jurors are to resume deliberations at 9 a.m. today in 372nd District Court.

[TexasStooge]

Jury determines man killed in self-defense

By Melody McDonald, Star-Telegram Staff Writer

FORT WORTH, Texas - A 26-year-old Fort Worth man has been acquitted of murder after jurors found that he acted in self-defense when he shot an acquaintance inside his apartment more than two years ago.

Jurors in state District Judge Everett Young's court deliberated 3½ hours Friday before finding Terrence N. Brown not guilty in the Jan. 26, 2003, death of Demond Fisher, 19.

"He kind of collapsed in his seat and held his hands in prayerful thankfulness," said Jim Shaw, Brown's defense attorney. "There was a little bit of crying, a little bit of tears."

Prosecutor Bruce Fyfe, who tried the case with Michele Hartmann, said Fisher had been shot several times and his family, obviously, was disappointed in the verdict.

"They loved him very much," Fyfe said.

Because Brown is already serving a 10-year prison sentence for an unrelated conviction for delivery of a controlled substance, he was not released from jail after his murder trial.

Shaw said that Brown had been letting Fisher stay with him at his apartment in the 1000 block of East Richmond Avenue. On the morning of Jan. 26, 2003, Brown, Fisher and another man, Lorenzo Tarkington, had been together in the apartment when Fisher left to get something to eat.

When he returned, he was holding a gun, Shaw said.

"He walked into the house and said, `Give me everything. I'm sticking you up,"' Shaw said.

Shaw said that Tarkington struck Fisher in the head and arm with a baseball bat and Brown tussled with him over the gun.

"This guy has a gun threatening to hold them up," Shaw said. "They are in defense mode."

After Brown shot Fisher, he ran across the street to his grandmother's house and called 911, telling the dispatcher what he had done, Shaw said.

"He put a lot of faith in the system by calling 911 and giving a two-hour statement and, two years later, he is in trial for it," Shaw said. "The jury understood how hard he was trying to make everybody understand" that he shot in self-defense.

Fyfe said that Brown gave conflicting statements about what happened. When he called 911, Brown first made it seem like a stranger broke in and tried to rob him. Later, he told the dispatcher he knew the victim.

In his subsequent statement to police, he stated that the victim lived with him for a month and had tried to rob him, but his statement contradicted some of the evidence at the scene, Fyfe said.

"Based on the evidence, to me, that was not self-defense. That was murder, but obviously, the jury didn't agree," Fyfe said.

Tarkington, 20, has been indicted on a charge of aggravated assault with a deadly weapon in Fisher's death and remains in the Tarrant County Jail awaiting his trial.

[TexasStooge]

Official with ties to Texas is finalist

By Amie Streater, Star-Telegram Staff Writer

FORT WORTH, Texas - Melody A. Johnson, superintendent of Providence, R.I., schools, is one of two finalists for the superintendent's post in Fort Worth, district officials confirmed Wednesday.

Johnson, 54, did not return three phone calls to her home Wednesday night.

She has been superintendent in Providence since September 2002, according to the Providence schools' Web site, but she has Texas ties.

The other finalist is Corpus Christi Superintendent Jesus Chavez. Trustees there reported earlier this week that Chavez announced that he may be leaving that district for Fort Worth.

School board President Bill Koehler declined to comment Wednesday. But he has said he expects the board's choice to be named next week. Under state law, once the finalist is named, the board must wait 21 days before making the hire official.

Fort Worth trustees have conducted their six-month search for a superintendent in secrecy. Only members of the school board and the firm hired to assist them, Iowa-based Ray and Associates, have attended closed-door meetings to discuss the candidates.

The Fort Worth school officials who confirmed that Johnson is a finalist asked not to be identified because they were ordered not to discuss the candidates.

More than 70 people applied for the job. Trustees conducted preliminary interviews the first week of February and interviewed five final candidates Friday.

Johnson is a former associate superintendent in San Antonio. In 1988, she was named one of San Antonio's Women Who Make a Difference by the San Antonio Teacher's Council, according to the Providence schools' Web site.

Before that, she was senior director for middle school education at the Texas Education Agency, according to the Providence Journal.

In 2003, she was part of a study on "leadership for creation of a positive organizational culture and climate" by the Harvard University Kennedy School of Government, according to the Web site.

On Friday, the Journal reported that Johnson's contract expires in August but that board members wanted her to stay. Johnson "has said that for retirement purposes, she must return to Texas, where she has worked most of her life," the newspaper reported.

Better pay may also be a factor. The Journal reported that Johnson's salary is $166,000; with other perks, her total annual compensation is about $180,756. The Fort Worth position will pay at least $300,000.

A survey of trustees, school district employees and the public conducted last year by Ray and Associates found that experience leading a diverse school population is the second most important qualification for the new superintendent to have. Inspiring trust ranked first.

Providence schools are 57 percent Hispanic, 22 percent black, 13 percent white and 7 percent Asian, according to the Providence schools' Web site. Of 25,742 students, 79 percent are poor enough that they qualify for free or reduced-price school meals.

Fort Worth schools are 52 percent Hispanic, 28 percent black, 17 percent white and about 2 percent Asian. Of the 80,004 students in Fort Worth, 71 percent qualify for free and reduced-price lunch.

"She is absolutely outstanding," said one of the Fort Worth officials who confirmed Johnson's candidacy.

"I cannot begin to tell you how fabulous she is. She would run circles around the other guy," the official said, comparing Johnson to Chavez.

[TexasStooge]

Former fire chief accused of sex abuse

By BRETT SHIPP / WFAA ABC 8

RICHARDSON, Texas - When Richardson Fire Chief Mike Jones suddenly resigned two weeks ago, he said it was for personal reasons.

But now, serious allegations are starting to emerge that Jones had engaged in improper and possibly illegal acts, including sexual abuse of a minor.

On Wednesday, a Dallas County grand jury cleared Jones of charges that he had destroyed public records, but News 8 has confirmed Jones is being investigated by the Van Zandt County District Attorney for allegedly molesting at least one teenager back in the late 1980s and early 1990s.

One of his alleged victims tells a story of abuse, and how adults may have helped cover it up.

Jones is a respected longtime resident and city council member in the quiet East Texas town of Wills Point. But, the town now finds itself split after a young man named James Lunsford came forward with allegations about Jones.

Lunsford provided investigators with a sworn statement, peppered with graphic allegations of years of sexual abuse by the former Richardson fire chief. Lunsford, who now lives in California, said he was 13 when the abuse began - but said shame and pain has inhabited his heart for years.

"A lot of emotional problems and issues that I've had to deal with today all lead back there," Lunsford said.

Those memories lead back to his poor neighborhood, and to a convenience store then operated by Jones, a young firefighter who Lunsford said befriended him.

"He told me he was a fireman," Lunsford said. "I was like, 'oh cool,' and invited me to his house. So we went to his house, and he showed me his uniform and then we just kinda ..."

Lunsford said what happened in that house for the next four years was something he saw only as casual sex. He still believes he wasn't the only teen who Jones had abused.

"There was a kid up the street who saw us together and he asked me if we were having sex," Lunsford said. "I was like, 'yeah,' and he said, 'oh yeah, we've had sex too.'"

Lunsford said he reported his alleged victimization to a number of adults at the time he was assaulted, most of them teachers and one of them a high-ranking school official. While they all showed sympathy, he said none of them did anything to stop the abuse.

News 8 asked Lunsford if anyone indicated to him during that time that Jones was breaking the law when he was allegedly molesting him.

"No, no one ever said molested," Lunsford said. "I don't even think I used the word until a month ago, to tell you the truth."

Jones, who still serves as a Wills Point council member, declined to speak with News 8 following the council's meeting on Monday night. In fact, Jones was able to avoid a News 8 camera by sending a decoy in a hooded jacket out the back door of City Hall. When News 8 photographer William Hicks attempted to ask questions, he was assaulted; meanwhile, Jones made his way out another exit.

James Lunsford believes it's that same protection of Jones that motivates former teachers who still correspond with him not to speak out.

One recently wrote him saying, "you must stop and think about what you are doing and the people you will be hurting."

Another wrote, "we stepped in to do what we could to support you; what happened to letting go, letting healing begin and moving on?"

And still another said, "I didn't take it to higher authorities and I should have."

"It's been a burden for all of us, for them not coming forward and saying something to the authorities, (and) me fearing that he's probably continuing to do it and that it's going to screw up more people," Lunsford said.

Jones' attorney Howard Shapiro said his client denies abusing anyone, and that he doesn't even remember James Lunsford. Shapiro also said the Van Zandt County District Attorney has indicated to him that the statute of limitations has expired on Lunsford's claims.

Even if that is the case, several Richardson firefighters said Jones has sexually harassed them in the recent past. Thursday night at 10, News 8's Dan Ronan will have that report.

[TexasStooge]

New charges leveled against doctor

Indictments accuse him of providing unneeded pain-relief prescriptions

By ROBERT THARP / The Dallas Morning News

DALLAS, Texas - A Dallas physician was charged Wednesday in five new felony indictments stemming from pain-reliever prescriptions he wrote for patients who later overdosed or suffered fatal complications.

According to the indictments, Dr. Daniel Maynard, 59, prescribed the pain medication Oxycodone to three patients without a valid medical reason. The doctor, whose license has been suspended, was indicted in December on three similar charges related to another deceased client.

A multiagency probe began in late 2002 after complaints from relatives of some of the at least a dozen patients – including seven in a 30-day period – who had died taking prescription pain killers. The investigation continues, and more indictments are possible, officials with the district attorney's office said.

Dr. Maynard's attorney, Jim Rolfe, said prosecutors would not be able to prove their case and promised a vigorous defense.

"Writing a prescription for nonmedical reasons – nothing can be farther from reality," he said. "In this case it will be impossible to prove because I feel very strongly that Dr. Maynard had an absolute belief that what he was doing was in the best interest of his patients."

Before the clinic was shuttered and the doctor suspended in June 2003, Dr. Maynard's storefront clinic on Martin Luther King Boulevard near Fair Park had a bustling practice that relied on foot traffic instead of prearranged appointments. On busy days, as many as 200 patients passed through the door.

His lucrative practice was one of the state's busiest prescription writers. In 2002 alone, Dr. Maynard wrote 54,748 prescriptions, most of which were funded by Medicare and Medicaid, according to state records.

The indictments released Wednesday charge the doctor with making two fraudulent prescriptions to 61-year-old Cecil Armitage, who died in March 2003. According to court records, Mr. Armitage received 23 prescriptions from Dr. Maynard in a single day.

Mr. Armitage sometimes spent the night outside his clinic to make sure that he would be able to get an appointment, and investigators found 27 prescription pill bottles near his body at the time of his death, his relatives said.

Two of the indictments stem from the case of Tammy Gifford, who died of methadone toxicity in December 2002, about a week after the doctor had changed her prescription from Oxycodone to methadone, family members said.

Two of the new indictments are second-degree felonies that carry a maximum punishment of up to 20 years in prison and a fine of $10,000. Three of the charges are third-degree felonies that are punishable by up to 10 years in prison and a $10,000 fine.

Kay Van Wey, a plaintiff's attorney representing relatives of some of the doctor's former clients, called the indictments "a good start" but said she hopes to see more-serious charges that would level blame for the patients' deaths.

The pharmacist who filled the bulk of the fraudulent prescriptions also bears some responsibility, she said.

"I think it's a reasonable place to start," she said. "However, there are scores of other victims out there. We're hoping to see more indictments regarding the other victims."

[TexasStooge]

Increase in Texas gasoline tax a possibility

By BRAD WATSON / WFAA ABC 8

AUSTIN, Texas - Texas Governor Rick Perry said Wednesday he's willing to listen to a plan to increase the state's gasoline tax to keep up with inflation.

The fuel tax that the state's drivers pay when they fill up goes for roads and schools, but the tax buys less than it did when set in 1991 - and there's a move in the Texas House to change it.

Texas drivers pay a state fuel tax of 20 cents per gallon. With the current average price of regular about a dime off the record high in North Texas, driver Vickie Royal said she's not for paying any more in taxes.

"I wouldn't like it," Royal said. "I don't like the gas prices now, but I have to have it."

Yet, the idea of tying the fuel tax to inflation is gaining support so it will keep up with rising costs. Adjusted to 1991 dollars, the gas tax is worth about 14 cents now.

The tax raised almost $3 billion in 2003. Three-fourths of that money goes to road construction, and the other fourth goes to schools. Both need more money.

House speaker Tom Craddick surprised some in Austin by coming out in favor of increasing the tax.

"I think if you go around the state and visit with the cities and the groups out there, highways and transportation and traffic are as big a concern as education," Craddick said.

Pegged to consumer prices, the fuel tax would go up about a penny to 21 cents a gallon. Set to road construction costs, it would go higher.

Rep. Mike Krusee, R-Round Rock, is the chairman of the House Transportation Committee, and he argues it's not a tax increase at all.

"If you're at your job and get a cost of living adjustment, that's not really an increase because you understand in terms of real dollars, purchasing power, it's the same amount as last year," Krusee said.

Perry, who has been opposed to raising the gas tax, is listening now.

"There may some type of approach that is put in place that I can support, but let's just wait and let it work its way through the process," Perry said.

There isn't a bill filed in the House yet, but on the Senate side Lt. Governor David Dewhurst said he's open to looking at adjusting the gas tax.

[TexasStooge]

Suspect indicted in slaying of restaurateur

U.S. authorities say Mexico cooperating in hunt for 2nd suspect

By JASON TRAHAN / The Dallas Morning News and ERNESTO LONDOÑO / Al Dia

DALLAS, Texas - Dallas County grand jurors issued a capital murder indictment Wednesday against the ex-schoolteacher and former waiter accused of kidnapping and killing restaurateur Oscar Sanchez.

Jose Felix, a former teacher at Fannin Elementary in Dallas, was being held at Lew Sterrett Justice Center.

Edgar Acevedo, whom police accuse of being Mr. Felix's accomplice, is at large, presumably in Mexico.

Last month, police found the body of Mr. Sanchez, whose family owns the popular La Calle Doce and El Ranchito restaurants, in a wooded portion of Dallas near Interstate 20 after Mr. Felix was captured in Chicago. He was about to board a plane to Guadalajara, Mexico, where Mr. Acevedo, a former El Ranchito waiter, had flown a day earlier.

Finding Mr. Acevedo in Mexico is a challenge, according to law enforcement officials, because of the myriad international protocols involved and the fact that local investigators have to rely on Mexican authorities to do the legwork.

"We have no authority down there," said Dallas police Detective Jesus Briseno, who has e-mailed a picture of Mr. Acevedo and the local warrant for him to police in Guadalajara, as well as state and federal authorities in Mexico. "They haven't come up with anything."

He said, though, that Mexican authorities have been cooperative.

"They've looked for other people before, and they've had a little luck," Detective Briseno said. "On this case, I don't know how much of an effort they're making. I don't know if they're beating the bushes. I hope they are. All we can do at this point is ask."

Fernando Morones, an attaché in the San Antonio branch of the Procuraduría General de la República, Mexico's attorney general's office, said Wednesday that the hunt for Mr. Acevedo is being treated as a high-profile case in Mexico.

"It's very important," Mr. Morones said. "We're talking about a killer and kidnapper, and right now the relationship between the two countries is ripe to work on cases like this."

Mexican authorities are working informally to find Mr. Acevedo because a U.S. warrant is useless there.

The Dallas County district attorney's office said they need a solid idea of where Mr. Acevedo is hiding before the United States can get what is known as a provisional arrest warrant, which would then give Mexico the authority to arrest him if found.

Although Mr. Acevedo is being sought nationally, Mr. Morones said, Mexican officials are focusing on the state of Zacatecas, his hometown; Mexico City, the capital; and Guadalajara, the city where police say he arrived Jan. 22.

The FBI's office in Guadalajara, known as a legal attaché, is assisting in the search, said FBI Special Agent Lori Bailey.

"There are channels that have to be followed in matters such as these," Agent Bailey said. "The investigation is being conducted by the Mexican authorities. We're acting as a liaison, working with them and the Dallas police to do whatever we need to do."

If Mr. Acevedo turns up, the burden then falls to the Dallas County district attorney's office to get him back to the United States. Because Mexico does not extradite prisoners who could face the death penalty, we will write a letter waiving the death penalty in order to get him back here to try him," said Rachel Horton, a district attorney's spokeswoman.

She said prosecutors have not decided whether they will pursue a death sentence for Mr. Felix.

[TexasStooge]

Mesquite venue lets performers shine

At hall, fledgling performers can be Saturday-night stars

By KARIN SHAW ANDERSON / The Dallas Morning News

MESQUITE, Texas - Mesquite's Heritage Square is leading a double life.

By day, the white gazebo at its center is surrounded by mom-and-pop stores reminiscent of the city's past. Bankers in suits inhabit restaurant booths, and veterans gather at the American Legion hall down the street to salute the flag.

But on Saturday nights, the glow under the awning of Rodeo City Music Hall, tucked into the square's southwest corner, signals its departure from reserved to daring.

"I'll never be a big star, but in my own way, I am," said Karol Dyess. She sits behind a section of faded picket fence serving as stage scenery while she reviews the final order of performers for the night. Her job is manager and host for the show, which allows her the freedom to display her own vocal talent alongside those whose dreams she nurtures.

As the old wooden theater seats begin to fill up, performers' voices buzz with excitement backstage.

"I try to help all the people who are new make their wishes come true," she said. "It's just fun. I can't really call it a job."

The venue isn't new – it started as the Mesquite Opry in 1981 – but everyday folks who harbor dreams of singing for an audience are still discovering the lure of its stage.

Martez Scott learned about Rodeo City after belting out a tune at a Dallas karaoke bar in late December. Kacie Dabney, the music hall owner's granddaughter and concessionaire, was on a scouting mission for new talent and persuaded Mr. Scott to audition for Ms. Dyess.

When the manager told Mr. Scott that he had made Saturday's lineup, he broke into tears.

"For someone to have interest in me is a very emotional thing," Mr. Scott said. "It's an overwhelming feeling to me of joy."

Many of the regular performers are fixtures on the opry circuit, but it's Mr. Scott's first time singing for a paying audience.

Taking the stage Saturday night as Scott Sparks, a name he adopted in honor of his grandfather Booker T. Sparks, he felt the rush he was looking for.

"I was totally blown away," he said afterward. "The crowd's response was unbelievable."

Appreciative audience members left Mr. Scott $47 in the tip basket at the edge of the stage – tips are the only wages performers earn at the Rodeo City Music Hall. Ticket proceeds go toward upkeep of the old theater.

Youngsters Josh Merritt and Zach Shirley split a double-figure bounty after playing guitar alongside their grandfather, Mike Shirley. They spent the remainder of the evening planning how to spend it.

Most performers, including Mr. Scott, perform to pre-recorded music, but others bring along their six-strings.

Aly Sutherlin and Chelsea Beck traveled from Oklahoma to yodel and strum. Their vocal coach, Janet McBride, owned the Mesquite Opry for 15 years and returned to its stage Saturday to admire her students and sing along.

"It's like coming home," she said. "Part of me is still in that building.

"It's a warm feeling, and it's a warm show," Ms. McBride said. "It has always been a fun show and a fun place to be. It still feels like everybody is there together."

In a way, they are.

Performers waiting their turn at the microphone sit on hay bales and rocking chairs on stage, tapping their toes and humming to the tunes.

Mr. Scott warmed to the atmosphere quickly, admiring the talent of his co-stars for the night.

But the fun isn't reserved for the stage.

Eva Williams of Mesquite rarely misses a show from the front row.

"We come for the people," she said, reaching for the arm of Vera Dudley, another regular audience member.

"We're like friends with all the performers, and the atmosphere here feels like family," she said.

Mr. Scott said he's eager to return to the fold when he performs at the next show.

Ms. Dyess said offering that chance is her own reward.

"He was just ecstatic," she said. "For him, it was like winning a Grammy.

"All I want is to help someone's dream come true."

[TexasStooge]

Car Hits Shoplifting Suspect On Busy Dallas Highway

Incident Forces Shutdown Of Central Expressway

DALLAS, Texas (KXAS NBC 5) -- A shoplifting suspect woke up in a Dallas hospital after being hit by a car Wednesday night.

Police said the man stole items from a Wal-Mart near Central Expressway just north of LBJ and then tried to flee.

Store employees chased him to the highway.

He got to the other side safely, but was hit when he tried to get back.

The expressway was shut down while medics loaded him onto a CareFlite helicopter and rushed him to Parkland Hospital. His condition is unknown.

[TexasStooge]

Journalists may be armed with a shield

Lisa Falkenberg, Associated Press

DALLAS, Texas (AP/MySA.com) — There once was a time in Texas when newspaper organizations opposed a "shield law" to protect reporters from being forced to testify or disclose confidential sources.

Some journalists didn't want state lawmakers in Austin defining who is and isn't a journalist. And they didn't need the state Legislature's permission to enjoy press freedoms guaranteed by the First Amendment.

Or so they thought.

"Things are changing so rapidly across the country that our minds are changing as well," said Wanda Cash, president of the Texas Press Association. "There's less and less esteem for reporters and the job that they do about getting information out to people. For so long, we assumed that there was protection offered by the Constitution and fewer and fewer judges and prosecutors are honoring that."

Just this week, a federal appeals court upheld a ruling against Time magazine's Matthew Cooper and the New York Times' Judith Miller, who could go to jail for refusing to divulge their sources about the leak of an undercover CIA officer's name.

About a dozen industry officials and First Amendment attorneys planned to meet Thursday in Austin to discuss the issue and develop a strategy. Cash said eventually they may craft language for a shield law and present it as an amendment to a bill already filed by state Rep. Aaron Pena, D-Edinburg.

Thirty-one states and the District of Columbia have statutes that protect reporters from being compelled to testify or disclose sources. A federal shield law was introduced in Congress earlier this month.

Pena's bill may be a good start for Texas, Cash said, but she said its broad definition of the term 'journalist' poses a slippery slope because it could extend protections to a blogger, for example, with no official media credentials.

Pena said he wasn't aware of journalists' past opposition to shield law in Texas and didn't know similar bills had failed before.

He said Texas journalists should embrace a state shield law and stop clinging to the idea that they're protected by the Constitution, when, clearly, many courts disagree.

"My appeal to journalists is: let's live in the real world," Pena said.

[TexasStooge]

New treatment 'melts away' fat

By JANET ST. JAMES / WFAA ABC 8

DALLAS, Texas - No matter what we do - exercise, diet or otherwise - we can't seem to get rid of stubborn fat.

Now, for the first time there's a legitimate treatment to get rid of cellulite. Nearly 90 percent of women have it, and all would like to get rid of it.

"The ripply fat on my legs and hips - I hate that," said patient Kathy Terry.

People have tried countless wacky contraptions to make it disappear. Now, Terry is trying something that doctors believe really does get rid of those bumpy layers of cellulite. The treatment combines radio-frequency waves, an infrared laser, and mechanical massage.

It's called Velasmooth, and doctors testing the technology said it helps break up and shrivel fat cells.

"The heat that's produced in the fat causes shrinkage of the fat cells, and improves your shape," said Fort Worth dermatologist Dr. Peter Malouf.

Malouf said this is the first treatment he's seen that works, on legs, arms, and derrieres. However, it takes half a dozen or more treatments to see the best results.

Doctors said Velasmooth may work even better when used in combination with another fat-reducing technology called Lipo-dissolve.

"Rather than doing suctioning, we just melt the fat away," said dermatologist Dr. Gregory Nikolaidis.

During this treatment, a series of pin-pricks of a medically safe substance called phosphatidycholine is injected directly into a fatty area to dissolve it.

"It works best on patients that are athletic and have a little area of fat, but it works consistently well," Nikolaidis said.

Lipo-dissolve works on the stomach, hips, or even smaller areas like under the chin. Doctors said four treatments, spaced four weeks apart, yield the maximum results.

The Lipo-dissolve and the Velasmooth treatments are not FDA approved for cellulite reduction; both are currently being studied. When and if they do become widely used outside clinical studies, doctors predict they'll be expensive - about $200 per treatment.

[TexasStooge]

Valentine's Day March To Honor Victims In Austin

AUSTIN, Texas (KEYE CBS 42) - Valentine's Day is the date for a "March for Love" in Austin.

The Texas Council on Family Violence and the Texas Association of Sexual Assault will join with hundreds of victims, victim advocates and concerned community members to march to the Capitol.

They will march with valentines and signs encouraging state lawmakers to continue funding for vital domestic violence prevention programs.

It's a way to honor those who aren't around anymore and can't celebrate love this Valentine's Day.