News from the Lone Star State

[TexasStooge]

Texans set to celebrate their independence

Tuesday marks birth of state as a nation

By KIMBERLY DURNAN / TXCN.com

From the tip of the Panhandle to the bottom of the Rio Grande Valley, it’s time for the annual remembrance of all things Texan.

Texas Independence Day is March 2, honoring the day that the Republic of Texas became its own nation with the historic adoption of the Texas Declaration of Independence in 1836 at Washington-on-the-Brazos.

Texas history often focuses on scrappy losses at the Alamo. But a month after signing the declaration, the state won its independence, along with its defiant reputation, at the Battle of San Jacinto. A small band of Texans whipped Santa Anna’s large Mexican army on April 21, 1836.

“We were the only state that was its own country and that’s something,” said Roger T. Moore, a Texas editorial cartoonist. “Texas has got a mystique. We do think we are different. We have a pioneer spirit that sort of lingers in us. People who settled here were tough.”

Moore is a member of Celebrate Texas, a group that promotes Texas Independence Day with parades, music, barbecues and other festivities. The group organizes events in Austin, but encourages other parts of the state to celebrate March 2.

“It can be simple,” Moore said. “Eat some barbecue and raise your glass of sweet ice tea and say, ‘Happy Independence Day.’”

In Austin, Wednesday’s festivities include a memorial ceremony at the Texas State Cemetery and a celebration with music and speeches at the Capitol. Some events are scheduled Saturday, including a 5K run, parade on Congress Avenue and barbecue cookoff.

“Together we’re Texas,” Moore said. “It doesn’t matter whether you got here yesterday or that you are a native. If you want to be a Texan, you are. It’s a state of mind.”

At the Bob Bullock Texas State History Museum in Austin, a current exhibit shows how the shape of the state has evolved over the last 500 years of mapmaking. The museum provides a continuous rotation of artifacts, films and other exhibits illustrating the state’s rich history.

“We like to celebrate Texas Independence all year round,” spokeswoman Heather Brand said.

Texas pride has persisted partly because Texas was once a sovereign nation recognized by England, France and United States for a decade. But it swells during the rough times, such as the 1980s oil bust, historian T.R. Fehrenbach said.

“It’s a subculture,” he said. “When Texans feel besieged, it intensifies their efforts to uphold their own ways. The best way to keep the death penalty in Texas is to attack it.”

So are Texans superior?

“I have always pushed the idea that we are different,” Fehrenbach said. “Northerners have hated the idea that we could be different. … They have accepted that Texas is ‘distinct.’’

[TexasStooge]

Parole decision delayed for convicted drunk driver

From Staff Writers / KVUE.com

AUSTIN, Texas (KVUE ABC 24) - Parole for a convicted drunken driver who caused an accident that killed two people and critically injured three others will not be granted any time soon.

Reginald Stephey, a former Lake Travis High School football player, was 18 when the car he was driving crashed on Ranch Road 2222 in West Austin in 1999.

Two students died and three others were injured.

Stephey has served half of his seven-year sentence.

His mother went to the parole board in Huntsville last week to plea for leniency for her son.

The Texas Board of Pardons and Paroles is taking no action at the time and will consider the case again August 1, 2006.

[TexasStooge]

Woman suspected in fatal wreck had prior DWI arrest

By Domingo Ramirez Jr. and Ben Tinsley, Star-Telegram Staff Writer

IRVING, Texas -- A Grapevine woman accused of the drunken-driving death of a New York teen-ager Sunday was arrested just days ago in Euless on suspicion of drunken driving, police said Monday.

Kayla Rae Proffitt, 20, remained in the Irving Jail on Monday.

Proffitt is expected to be charged with intoxication manslaughter and five counts of intoxication assault, said David Tull, an Irving police spokesman.

Proffitt is accused of driving the wrong way on Texas 183 Sunday morning, then crashing into a Dallas/Fort Worth Airport shuttle.

Brianna Titcomb, 13, of Huntington, N.Y., was thrown out of the shuttle on impact, police said. She died at the scene.

Eight other people riding in the shuttle were injured, but none of those injuries was life-threatening, police said.

Proffitt was driving a black 2002 Dodge pickup the wrong way on Texas 183, eastbound in the center lane of the westbound side, preliminary police reports show. A blue 2001 Ford airport shuttle, driven by a 32-year-old Euless man, was on its way to the Dallas/Fort Worth Airport.

The shuttle entered westbound Texas 183 at the Esters on-ramp and had only traveled a few hundred yards in the center westbound lane when the driver saw the pickup heading his way, Irving police said.

The shuttle driver veered left, and the truck hit the right side of the van, Irving police said.

After the collision, the pickup veered right and stopped against the center median wall, according to police reports.

Proffitt and the shuttle passengers were taken to area hospitals with injuries ranging from minor to serious. The shuttle driver had no visible injuries, Irving police said.

Among the injured were four Rhode Island residents: a 49-year-old man, a 47-year-old woman and two boys ages 16 and 13. The three other people were from New York state: a man and a woman, ages 51 and 47, and a 10-year-old boy.

The accident closed the westbound lanes of Texas 183 between Esters Road and Valley View Lane for about four hours, Irving police said.

According to Euless police records, Proffitt was arrested on suspicion of drunk driving on Feb. 17. Euless police stopped Proffitt's vehicle shortly before 3:30 a.m. in the 1100 block of Texas 360.

Proffitt refused to take a breath test, according to Euless police reports.

[TexasStooge]

Suspect Leads Chase With Girlfriend, 3 Kids In Car

HOUSTON, Texas (KPRC NBC 2) - Police were shocked to learn that a driver who led them on a chase through northeast Houston Tuesday was carrying his pregnant girlfriend and three children in the car with him.

Investigators said the suspect ran from police after he was reportedly caught involved in a drug deal.

Police said during the chase, the 22-year-old driver rammed a patrol car when he was cornered. They said he then ditched his car and ran toward a nearby bayou.

The chase ended on Locksley at Galaxy at about 6 p.m.

Police opened fire on the driver once but missed him. He was eventually taken into custody.

Investigators said they also found drugs, bullets and a plethora of cash inside the car.

[TexasStooge]

Suspect Pleads Guilty To Sonic Drive-In Murder

SAN ANTONIO, Texas (KSAT ABC 12) - A 24-year-old man on trial for killing a fast-food employee pleaded guilty to murder Wednesday.

Apolinar Soto struck a deal with prosecutors during the second day of his capital murder trial.

Soto was standing trial for the shooting death of Christopher Roel in December 2003. Roel was preparing to close a Sonic Drive-In in the 2300 block of Blanco Road when six people wearing masks forced their way into the eatery demanding money. Roel was fatally wounded as he tried to get away. Soto was accused of pulling the trigger.

Soto's plea bargain means he will not be eligible for parole for 30 years.

If he was found guilty of capital murder, he would have to wait 40 years until he was eligible for parole.

Two other people have pleaded guilty in the case.

[TexasStooge]

4 Horses Found Dead In S. Bexar County

BEXAR COUNTY, Texas (KSAT ABC 12) - A Bexar County man is facing six counts of animal cruelty after authorities found four dead horses and several others ill on his property Monday.

Complaints from passers by led authorities to a 12-acre property on Jarratt Road, where two donkeys and nine horses were discovered. Most of the animals were malnourished and sick, said Detective Kenneth Vann, of the Bexar County Sheriff's Department.

The owner, Rey Quiñones, blamed a nearby pond contaminated with raw sewage from a leaking septic tank for the animals' illnesses.

But authorities said the animals were also being starved.

"There's no excuse for starving horses like this," said Bill Weatherholtz, of Brighter Days Horse Refuge, where some of the horses will be taken. "And it all ain't that septic."

One of the mares collapsed as it was being loaded into a trailer. The horse later got up and ate some hay.

Vann said Quiñones was keeping the horses so he could apply for an agricultural exemption.

"Which is not good enough reason," Vann said. "I mean, you've got to take care of them."

Quiñones was allowed to keep five horses with the understanding that he could provide care, food and attention for them.

He is scheduled to appear in court March 21.

[rainstorm]

Woman suspected in fatal wreck had prior DWI arrest

By Domingo Ramirez Jr. and Ben Tinsley, Star-Telegram Staff Writer

IRVING, Texas -- A Grapevine woman accused of the drunken-driving death of a New York teen-ager Sunday was arrested just days ago in Euless on suspicion of drunken driving, police said Monday.

Kayla Rae Proffitt, 20, remained in the Irving Jail on Monday.

Proffitt is expected to be charged with intoxication manslaughter and five counts of intoxication assault, said David Tull, an Irving police spokesman.

Proffitt is accused of driving the wrong way on Texas 183 Sunday morning, then crashing into a Dallas/Fort Worth Airport shuttle.

Brianna Titcomb, 13, of Huntington, N.Y., was thrown out of the shuttle on impact, police said. She died at the scene.

Eight other people riding in the shuttle were injured, but none of those injuries was life-threatening, police said.

Proffitt was driving a black 2002 Dodge pickup the wrong way on Texas 183, eastbound in the center lane of the westbound side, preliminary police reports show. A blue 2001 Ford airport shuttle, driven by a 32-year-old Euless man, was on its way to the Dallas/Fort Worth Airport.

The shuttle entered westbound Texas 183 at the Esters on-ramp and had only traveled a few hundred yards in the center westbound lane when the driver saw the pickup heading his way, Irving police said.

The shuttle driver veered left, and the truck hit the right side of the van, Irving police said.

After the collision, the pickup veered right and stopped against the center median wall, according to police reports.

Proffitt and the shuttle passengers were taken to area hospitals with injuries ranging from minor to serious. The shuttle driver had no visible injuries, Irving police said.

Among the injured were four Rhode Island residents: a 49-year-old man, a 47-year-old woman and two boys ages 16 and 13. The three other people were from New York state: a man and a woman, ages 51 and 47, and a 10-year-old boy.

The accident closed the westbound lanes of Texas 183 between Esters Road and Valley View Lane for about four hours, Irving police said.

According to Euless police records, Proffitt was arrested on suspicion of drunk driving on Feb. 17. Euless police stopped Proffitt's vehicle shortly before 3:30 a.m. in the 1100 block of Texas 360.

Proffitt refused to take a breath test, according to Euless police reports.

she should have to spend lots of time in jail!!

[TexasStooge]

Long-dead bodies found in van

FORT WORTH, Texas (WFAA ABC 8) - Three decomposed bodies wrapped in body bags were found Wednesday in the back of a repossessed van belonging to a company that transports bodies for funeral homes and the Tarrant County Medical Examiner's Office, police said.

A bank had the North Star Transportation van repossessed Wednesday morning from the Hurst home of owner Don Short. Neighbors said the white van had been parked in the driveway for months with flat tires.

A short time later, a bank official called the repossession company, Bower Services, saying the van owner called and said something inside had to be removed immediately. The police were notified, and they searched the van and discovered the bodies in bags under cardboard.

"They were placed at some funeral home for storage, and apparently at some point North Star lost the privilege of storage," said Tarrant County PIO Marc Flake.

Authorities said the bodies were of two elderly men and a woman who appear to have died up to five years ago.

"From what we can gather, they were supposed to be cremated and they were never cremated," said Tarrant County medical examiner Nizam Peerwani.

Police Lt. Mark Krey said investigators don't suspect foul play in the deaths, but are trying to determine how long the bodies were in the van and whether the vehicle's owner faces any charges related to that issue.

"This is obviously something that is highly unusual," Krey said.

The county has done business with Short since 2001; he delivered bodies to and from the medical examiner's office at $50 per trip. Until Wednesday morning, the county did not have any complaints.

"Since March 2004, we have paid them $78,000," Peerwani said.

This is not the first time Short has had trouble, however. A 2001 lawsuit names him and his company for the improper handling of a body.

Peerwani said the agency's contract with North Star was suspended Wednesday after the bodies were discovered. He said Short gave him the victims' names, but he would use dental records to identify the bodies because the body bags appear to have been used before and have different names on them. Potential family members are now being contacted.

"We want to identify the bodies, and we want their help to direct us to dental records (or) X-rays so we can do the scientific process," he said.

WFAA-TV's Yolanda Walker and Bert Lozano and the Associated Press contributed to this report.

[TexasStooge]

UT Austin Receives $252 Million In Donations

AUSTIN, Texas (KEYE CBS 42) - Charitable contributions to US colleges and universities rose more than three percent last year to a record $24.4 billion. That's according to a report released Wednesday by the Council for Aid to Education. Giving from individual donors drove the increase in contributions, which had been without growth for two years. Harvard University led the list of schools by raising $540 million. The report also included 54 Texas schools.

The University of Texas at Austin was atop of the list in Texas after receiving more than $252 million. The University of Texas Southwestern Medical Center received nearly $131 million. Texas A&M University took in $103.5 million. And nearly $97 million went to the Houston based University of Texas MD Anderson Cancer Center. Baylor College of Medicine rounded out the top five in Texas with more than $80 million.

[TexasStooge]

Caught On Tape: Strippers Ignore 3-Foot Rule

HOUSTON, Texas (KPRC NBC 2) - A "3-foot rule" is supposed to keep strippers a certain distance from customers, but not all topless entertainers are following that law, according to a Local 2 investigation Wednesday.

On a recent Saturday night at a local strip club, Local 2's undercover cameras caught a topless dancer sitting in a client's lap while he rubbed his hands up and down her body. She was only wearing a g-string. By law, it should not have happened.

Eight years ago, Houston's City Council fought to pass the ordinance that regulates sexually oriented businesses. So, it's currently illegal for a dancer to touch a customer or his clothing while entertaining or exposing private parts.

Local 2 took its undercover video to State Rep. Martha Wong. She was a Houston city council member when the ordinance passed.

"I don't need to see any more," Wong said.

She insisted on the 3-foot rule eight years ago. Now, she is insisting that customers and strippers abide by the law.

"I hope there are members of council who are going to question the police chief on why he's not enforcing the laws that are on the books and insisting that he do so and also letting the mayor know that we are not going to put up with this," Wong said.

Wong said she is ready to take the matter to the state capital, if Houston City Council or law enforcement officers don't take action.

"I don't think you do away with a law that I think is good. No, I don't think so. I think they need to enforce it," Wong said.

Houston Mayor Bill White said this is a never-ending battle.

"There's too many strip clubs. There's too much abuses that occur within them," he said. "I'm not for taking police off investigations or responding to calls for service, reducing our response time in order to shut down every strip joint and comply with the law. I think the law should be enforced."

Local 2 showed the undercover tape to Lt. Robert Manzo of the Houston Police Department. He said his department investigates complaints, but the people closest to the action rarely call.

"Obviously, you wouldn't expect the customer to call about the dancer violating the 3-foot rule. And that's another reason for us not to get hardly any complaints," Manzo said.

Kevin Templeton was a Houston vice cop for 14 years. He said officers do what they can, but they need more money, officers and resources.

"It's going to take a lot of hands-on, constant, repetitive enforcement to show them that they mean business," he said. "They've got limits set upon them and they've got their hands tied. I'm sure if the powers-that-be decided, 'Let's declare war on them and go after them,' you'd have a bunch of guys out there and doing what they have to do to make the cases."

Some who frequented the clubs said they know about the 3-foot rule, but it does not keep them away.

"It really don't deter me one way or the other, you know. Depends on which angle you're looking at it from, you know," said Sonny Shearer, a customer.

"I've heard about it. I heard that the dancers aren't supposed to come within three feet and I don't see that it's always in effect. It's a waste of a law to me. I don't think it's doing any good," another customer said.

In online discussion boards, some strippers have said Houston is becoming the "new Amsterdam" because of the lack of regulation. Another said Houston customers simply expect more.

[TexasStooge]

81-Year-Old Among 36 Arrested In Drug Sting

FORT BEND COUNTY, Texas (KPRC NBC 2) - An undercover investigation and crackdown on buying and selling drugs in Fort Bend County netted dozens of arrests, including an 81-year-old grandmother, Local 2 reported Wednesday.

The Fort Bend County Sheriff's Department held the undercover stings in the Richmond and Rosenberg areas. Those arrested range in age from 17 to 81.

"(Officers) managed to arrest 36 individuals after a four-and-a-half month investigation into the dealing of crack cocaine," said Jeannie Gage, with the Fort Bend County Sheriff's Department.

Some of the suspects sold drugs near schools, officials said. Those arrested within 500 feet of a school could face a harsher punishment.

Neighbors were thrilled at the raids.

"I was real happy about it, just elated," Mary Turner said. "I just knew it was probably going to happen. I didn't know when, but they just don't allow things like that here."

Some residents said they would not allow their children to play outside because drugs were so prevalent.

"It's easy for them to get hooked on that stuff and they don't really know. It also brings violence in the neighborhood also," Ruth Carr said.

"It is going to cut down on crime. A lot of time they will rob and steal and do whatever to feed their habit," Gage said.

The undercover raid was in response to numerous complaints from neighborhood residents.

Deputies expect to make 20 more arrests.

[TexasStooge]

Man linked to jewelry store heists

By JIM DOUGLAS / WFAA ABC 8

DeSOTO, Texas — Federal authorities have a suspect in custody in connection with at least one in a series of jewelry store robberies in North Texas.

The suspect, identified as Finesse Stokes, 25, was arrested by a joint task force led by federal marshals around 3:30 a.m. at the Holiday Inn on Interstate 35E in DeSoto, south of Dallas.

Investigators said Stokes, who has a long criminal history, can be linked to at least one of three recent jewelry store heists in Fort Worth and Plano.

Deputy U.S. Marshal Vickie Burge said Stokes failed to respond when police came knocking early Thursday. "He didn't open the door, wouldn't comply opening the door so we had to ram the door," she said, adding that he surrendered without a fight.

"There were three weapons, a lot of cash and a lot of jewels: diamonds, loose diamonds, rings, earrings, all types of jewelry," Burge said. "A big duffel bag full of jewelry."

A woman and a two-month-old baby were in the room with Stokes when he was seized.

Two or three other people believed linked to the series of robberies are still being sought.

Burge said it was important to get Stokes off the streets. "This guy gets more and more dangerous every time," she said. "He's already disarmed a security officer. He has assault rifles; someone may not be so lucky next time."

[TexasStooge]

DJ legend Ron Chapman signing off

DALLAS, Texas (WFAA ABC 8) - KLUV-FM host Ron Chapman, a legend in Texas radio, announced his retirement to listeners on Thursday morning.

Chapman, 69, has been on the air at oldies station KLUV-FM for five years. He spent more than three decades on the air as the top-rated voice of KVIL-FM.

In his address to listeners on KLUV and simulcast on sister station KRLD-AM, the radio personality said he would stay behind the microphone through the end of June, then be heard periodically. He reminded them he would be turning 70 soon.

“It’s hard to hang up my hat,” Chapman said in a statement. “I’ve had a career most people can only dream of, but while I’m still in excellent health, I’d like to get off the clock and enjoy some truly quality time with my wife Nance.

“I would do almost anything for KLUV and Infinity Radio, but my bones are telling me it’s time to slow down and smell the coffee – at 9:15 a.m. instead of 4 a.m.”

Chapman began working in radio at WHAV in Haverhill, Mass., in 1953. He joined KLIF, which was then at 1190 on the AM dial, in 1959 under the name Irving Harrigan.

Within a few years, Chapman had become half of the popular KLIF morning team "Charlie and Harrigan."

Chapman left KLIF in 1965 and produced two popular local music shows for WFAA-TV (Channel 8). He returned to radio in 1969 on KVIL and by the mid-1970s had become the area’s top morning host.

In 1989, when the National Association of Broadcasters presented its first Marconi Awards honoring the best stations and personalities in the radio business, Chapman was named major market personality of the year.

Chapman announced in 2000 that he was leaving KLIF to become morning host at KLUV-FM (98.7). He told The Dallas Morning News he volunteered to move when research showed that his audience wasn't listening to KVIL's new light-rock format after his show.

"In the current KVIL format, I'm the old guy," he said then. "But at KLUV, not only will I be the old guy, but that's preferable! Half of the music on KLUV is music I played for the first time in this market. I'm going where the music fits my clothes."

He was inducted into the Texas Radio Hall of Fame three years ago.

“We’re very sad to have Ron leave his throne,” KLUV general manager David Henry said in a statement. “We’re looking to find just the right person to take over and will announce a new morning show host at a later date.”

WFAA-TV reporter Cynthia Vega contributed to this report.

[TexasStooge]

Utah men turn up safe, embarrassed

SALT LAKE CITY, Utah and FORT WORTH, Texas (WFAA ABC 8/AP Wire) - Three eastern Utah men who disappeared in Texas, causing a multistate search, have returned home embarrassed but safe.

Len Boren, 22, Jason Iorg, 20, and Nathan Rasmussen, 22, returned to Neola late Wednesday.

The had left Vernal Sunday morning to travel to the Houston area to go to work for a petroleum company. They were to pick up some drilling equipment along the way.

The three were following another man, Troy Harris, who was to be their boss at a job site in Houston, said Wally Hendricks, Duchesne County chief deputy sheriff.

They stopped at a truck stop in Bellevue, Texas, for food and gas about 1:30 a.m. Monday. That was the last Harris saw of the trio.

While traveling U.S. 287 near Bowie, Harris discovered they were no longer behind him. He pulled over and waited for the men to catch up, Hendricks said.

After about 15 minutes, he turned around and went looking for the trio but never found them, he told police.

Kathy Hadlock, the grandmother of one of the men, said they had gotten lost and turned around near Lubbock, Texas, and headed back to Utah.

The men said they didn't have their boss' phone number and were unable to call him. They also didn't call home.

"They should have called," Hadlock told the Deseret Morning News.

She said they were embarrassed at having caused so much attention, but were grateful for the love of so many concerned people.

Hadlock was on the phone with Iorg's mother, Lisa McKenna, when the missing men pulled into Hadlock's driveway.

"She proceeded to cry and be happy, and then ripped into him," Hadlock said.

Family members had gone to Texas to help search for the men. They posted pictures of the men at truck stops along the way.

[TexasStooge]

Texas tops nation in illegal migrant no-shows

About 40 percent don't go to court hearings; U.S. figure is 23 percent

By ERNESTO LONDOÑO / The Dallas Morning News

CORPUS CHRISTI, Texas - Roughly four out of every 10 illegal immigrants in deportation proceedings in Texas failed to appear in court last year, according to statistics from the Department of Justice.

The number has increased every year for the last three years.

Illegal immigrants scheduled to appear before judges in Texas in 2004 disregarded hearings at a higher rate – roughly 40 percent – than those in any other state, documents show. Nationally, 23 percent failed to appear.

Some experts say that an increase in the number of non-Mexican illegal immigrants – who are arrested but frequently not detained – is partly to blame.

Non-Mexican immigrants are often released on low bails or their own recognizance due to a lack of detention space. Many have no incentive to appear in court, some experts say. Mexicans who try to immigrate illegally and who are stopped at the border are generally returned home voluntarily.

Rep. Solomon Ortiz, D-Corpus Christi, who is expected to testify today before the House subcommittee on immigration and border security, said the practice of releasing illegal immigrants could pose a threat to national security if not addressed.

"It's a process that is broken," Mr. Ortiz said. "Until we send a concise and clear message to those countries that 'We are going to pick you up, and you're going to be deported and we're going to make you go through due process,' they're not going to stop coming in."

The number of non-Mexicans released on their own recognizance increased from roughly 5,700 in 2002 to 30,700 last year.

T.J. Bonner, president of the National Border Patrol Council, said that most non-Mexican illegal immigrants enter through the southern tip of Texas and that agents are releasing an increasing number of them because of limited detention space.

Border Patrol agents detained more than 75,000 undocumented non-Mexicans nationwide last year, more than double the number arrested in 2000.

Immigration judges in Harlingen and San Antonio handled dockets with the highest absentee rates in the nation, 85 percent and 57 percent, respectively.

By comparison, judges in El Paso and Dallas saw higher attendance rates with roughly 14 percent of illegal immigrants failing to appear. Judges in other border cities, such as San Diego and Tucson, Ariz., also saw a comparatively low failure-to-appear rates, 7 percent and 6 percent, respectively.

Non-Mexicans are generally charged with illegal entry and summoned to appear before an immigration judge near their destination city. Due to backlogs, some immigrants may not be summoned for months after their arrival.

In years past, a higher percentage of non-Mexicans were released on high bonds or detained pending their court date, Mr. Bonner and others said.

Funding for detention facilities for immigrants in proceedings has remained flat while the number of arrests of non-Mexicans has continued to increase, documents show.

"It's a matter of establishing priorities," said Carl Rusnok, a spokesman for U.S. Immigration and Customs Enforcement, the Department of Homeland Security agency that handles detention and removal operations. "We only release those aliens that don't present a threat to national security and the public."

This year, immigration officials received funding to detain roughly 19,500 foreigners in deportation proceedings at any given time. Detaining an immigrant in deportation proceedings costs the government about $88 per day, officials said.

Immigration judges do not have the authority to order law enforcement officials to arrest illegal immigrants who have disregarded hearings or final deportation orders.

"We have no enforcement power," said Gregory Gagne, a spokesman for the Executive Office for Immigration Review, the administrative arm of the Department of Justice that oversees judicial immigration proceedings. "We can only rule on cases that come before us."

Immigrants who are deported in absentia are added to a list of so-called absconders maintained by ICE. Shortly after the Department of Homeland Security was created, officials announced a plan to round up 314,000 illegal immigrants who had disregarded final deportation orders. Officials now estimate that the list contains more than 400,000 names.

ICE field offices in the country are in the process of creating absconder teams, groups of agents dedicated to arresting illegal immigrants who disregard final deportation orders. Eighteen ICE field offices have absconder teams, and officials intend to create more than 40 nationwide in the near future, Mr. Rusnok said.

[TexasStooge]

No abuse found in church CPS investigation

By Rudy Koski / KVUE ABC 24

AUSTIN, Texas - A state investigation involving abuse allegations at a local church day care has ended.

It involved allegations against a day care worker at Hyde Park Baptist Church.

The child abuse investigation was initiated after a civil lawsuit was filed.

Parents of a 2-year-old claim their son was hurt by a teacher at the church in January.

According to their lawsuit, they also claim that administrators tried to keep the incident from the parents.

The couple's efforts to find out what happened brought in the Austin Police Department.

A review by the Travis County District Attorney's office is also underway.

Child Protective Services investigators conducted an inspection on February 15.

KVUE News obtained a copy of the CPS report, which found a teacher, "on ocassions did

not relate to children with courtesy, respect, acceptance, and patience when when treating children in a harsh and rough manner."

A parent was not notified, as required by regulations, when a child was injured.

The report also says "a child in care was not supervised when a teacher bumped him to the floor with her body, causing him to bump his head.

But investigators say there's insufficient evidence to find that a child was abused.

The church has until the middle of the month to challenge the CPS findings.

A follow up report is expected.

[TexasStooge]

Man struck, killed trying to divert traffic

By Reggie Aqui / KHOU CBS 11

HOUSTON, Texas - A man is dead after a horrifying accident overnight on the East Freeway near Magnolia.

The man and his wife were heading eastbound on I-10 when their car spun out of control and hit the concrete barrier.

The husband got out of the car to divert traffic around it. That is when the freak accident occurred, near Cedar Lane.

A UPS driver in an 18-wheeler saw the car's headlights aimed directly at him, so he swerved to avoid hitting the vehicle.

"From the initial conversation, he saw the vehicle that had the headlights shining head-on with him. He swerved to go around him and unfortunately, the man was there," said Sgt. Kim Fonville, Harris County Sheriff's Department.

The sheriff's department says that the woman may have been drinking.

Authorities say it was just too dark and too dangerous for the man to have tried to divert the traffic.

[TexasStooge]

SEX OFFENDERS, PEDOPHILES, INHABIT N. TEXAS NURSING HOMES

CBS-11 DISCOVERS ONE NURSING HOME RESIDENT, "UNCLE PAT" ATTACKED CHILD

By Todd Bensman and Robert Riggs, CBS 11 News Investigators / KTVT CBS 11

DALLAS, Texas - When he was a wheelchair-bound amputee living in a Richardson nursing home, Patrick Wilhoite projected the teddy bear image of playful benevolence that appealed greatly to children. He always instructed the visiting children who came to visit their aged great-grandparents at the nursing home to call him “Uncle Pat.” And when visiting youth groups came on outreach visits, staff could always count on a familiar sight: Wilhoite furiously wheeling himself out to greet them so that he could work as their ever helpful, self-appointed tour guide.

But despite the non-threatening picture of a crippled old man in a nursing home, there was nothing kindly, benevolent - or safe - about the former Catholic Church day care worker and clown, according to police and court records. In 2001, Wilhoite pleaded guilty to molesting a 3-year-old girl whom he had secretly befriended during her regular visits to a grandparent who lived in the nursing home. Given probation, he was sent to a different Richardson nursing home until yet another molestation case came to light. He is now in prison.

Wilhoite’s case underscores a problem that has gone scarcely noticed across the country. It is that sexual predators like him are residing in nursing homes all over North Texas and the nation, still dangerous yet unknown to their neighbors and staff caretakers. In Texas, no state law requires nursing homes to let other residents know of their presence and proximity to visiting children. One lone advocacy group that tracks sexual predators in nursing homes posits that if someone as old and crippled as Wilhoite can strike at a child, then sex crimes in nursing homes are far more frequent than anyone knows.

“We have school groups, church groups, civic groups where the leaders making excursions to these facilities are encouraging these children to embrace or show affection for these residents have no idea that they may be just putting their son or daughter or their friends son or daughter in the arms of a registered sex offender,” said Wes Bledsoe, founding president of the nursing home watchdog group, A Perfect Cause. “It’s a volatile mix. It’s a cocktail for disaster.”

In a report soon to be released, Bledsoe’s organization found more than 90 registered sex offenders living in Texas nursing homes. CBS-11 News confirmed that 17 registered sex offenders currently live in North Texas nursing homes, including one wheelchair-bound convicted child molester right next to a Lancaster elementary school.

They may look like typical grandfathers and, in one case, a grandmother. But some committed sex crimes in their 70s. Sgt. Byron Fassett of the Dallas Police Department’s Child Exploitation Unit said child molesters are so hard-wired in their fetish that neither age nor sexual potency diminishes their desire.

“To make an assumption that a person by age is not going to sexually abuse a child when they’ve shown a propensity in the past to do so is a fallacy,” Sgt. Fassett said.

CBS-11 News found 78-year-old Eddie McFarland, a registered sex offender, in a Lancaster nursing home next to an elementary school. McFarland, sitting listlessly in a wheelchair, said he did not commit the aggravated sexual assault on a 9-year-old child to which he pleaded guilty. He was 72 at the time. He said he was no threat to anyone. Nursing home officials, pointing to his physical disabilities, agreed, saying McFarland’s probation officer is aware that he is living next to an elementary school and agrees he is no threat.

Texas Rep. Jesse Jones of Dallas recently introduced legislation that would require the Department of Public Safety’s Internet sex offender registry to identify offenders living in nursing homes. Jones said he introduced the legislation because of suspicions that his own aunt had been a victim in a nursing home.

“We treat seniors and children in much the same category in certain types of laws, and some of them are actually helpless,” Jones told CBS-11. “And just to think perhaps that someone may be preying upon their weakness, it’s disturbing.”

If Jones’ bill passes, it would almost certainly provoke change in the attitudes of some nursing home officials about their sexual predator residents.

The Westhaven Nursing Center in Fort Worth, for example, sought to hide the fact that Donald Whynott, 45, was living there. Whynott is a registered sex offender convicted for aggravated assault on a five-year-old girl. Center officials ejected CBS-11 producer Todd Bensman from its premises after an interview request and declined to answer any questions.

Center officials said they believed releasing any information about Whynott would violate federal privacy laws.

The watchdog group A Perfect Cause advocates even greater reforms. Bledsoe said convicted sex offenders should be kept segregated from vulnerable law-abiding residents. His organization also calls for mandatory criminal background checks of all nursing home residents and posted warnings on the front door.

As for Wilhoite, he will most likely be back in a nursing home soon enough. He is completing a two-year prison term. Wilhoite has surfaced in a Dallas civil lawsuit filed by alleged victims of pedophilia against the Dallas diocese of the Catholic Church. An affidavit he signed acknowledges that he victimized young children repeatedly while working as a day care center.

Wilhoite also ran a business as a clown, which put him in regular contact with children throughout the diocese.

A 1991 feature story about Wilhoite’s clown business in the Texas Catholic shows a photo of him surrounded by young girls helping him put on makeup. He is quoted saying that he planned to expand his clown show throughout the diocese.

“There’s no greater sound in the world than a child’s laughter and none that is more needed now,” he was quoted as saying.

Prior to working for the Dallas diocese, Wilhoite spent 15 years working in a day care center for a Methodist church in Plano.

[TexasStooge]

Police: 'Baby Burglars' Hit Fort Worth Home

Kids Steal Bikes From Fort Worth Woman

FORT WORTH, Texas (KXAS NBC 5) -- A gang of so-called 'Baby Burglars' hit the home of a Fort Worth woman.

Police said three boys and a girl, all between the ages of 11 and 13, broke into the woman's house and stole several bikes.

A short time later, another woman called police saying she was being harassed by several kids.

Police said the kids' mode of transportation gave them away.

"There were bikes stolen from this house that matched the ones that these children were riding," said Detective Kirk Driver, with the Fort Worth police.

"I can't believe we have children who are in middle school breaking in houses in this neighborhood. I'm really, really disturbed by that. I'm sad," said resident Linda McSwain.

The kids face felony charges and could be sent to a juvenile facility if convicted.

[TexasStooge]

Doctor Faces More Sexual Assault Allegations

WAXAHACHIE, Texas (KXAS NBC 5) -- Last month, Dr. Aniruddha Chitale, a gastroenterologist from Waxahachie had his medical license suspended by the state medical board. The suspension was issued because Chitale was set to stand trial for sexually assaulting a patient.

Tuesday, Ellis County investigators said they have received additional complaints of sexual assault against Chitale by a growing number of female patients.

"We believe the claims that have been made to us have been credible," said Ellis County Assistant District Attorney Patrick Wilson.

Investigators already had charged Chitale for one incident that occurred in October and a second incident in December. Authorities now are looking for medical records at Chitale's office.

According to court documents, one victim alleged that she woke up from sedation to find Chitale exposing himself. The woman said she found bodily fluid on her face and lips.

DNA evidence taken from Chitale does not exclude him from a pool of possible suspects, according to authorities.

"It takes something like this for everyone to take a step back and realize how much faith and trust we all put into doctors' hands," Wilson said.

No further specified charges were announced by the District Attorney's office. Chitale denied the charges and accusations.