Legal-Henderson County Now

Fire Marshal’s Open Forum

The Henderson County Fire Marshal’s Office will be holding a pair of open forums for the public in April. The following was posted on the Fire Marshal’s Facebook page:

“We will be holding our open forum meetings on April 1 at 9 AM and again on April 9 at 2 PM. This presentation will be held at 125 N. Prairieville Athens TX 75751 in the Henderson County Commissioners Court Room. We encourage all POA’s and citizens to attend who want to learn more about the Henderson County Fire Marshal’s office and how we can help each other clean up our communities. We look forward to seeing everyone who can attend.”

McKee Responds to Stay of Scheduled Execution of Randall Wayne Mays

Several news outlets reported yesterday that the Texas Court of Criminal Appeals stopped the scheduled execution of Randall Wayne Mays. Mays was set to be executed Wednesday for the 2007 shooting deaths of Henderson County Sheriff’s Deputies Tony Ogburn and Paul Habelt.

I asked Henderson County District Attorney R. Scott McKee for a statement on the ruling. He responded with the following, which also does a good job of explaining just what the ruling means:

(Monday’s) order by the Court of Criminal Appeals in Austin (CCA) is disappointing for the family and friends of Paul, Tony and Kevin, as well as the entire law enforcement community.

In Texas and the United States, the law holds that it is unconstitutional to execute a person who does not know why they are to be executed and that the execution is imminent. We believe that Mays is fully competent.

Although the court in Austin issued a stay, they have not overturned Judge Tarrance’s ruling from February 27th that held Mays had not raised substantial doubt of his competency to be executed.

In its order (Monday), the CCA simply stated it needed more time to consider the arguments and briefs of the State and Mays’s attorneys in Austin. One could certainly speculate that Mays’s attorneys made the tactical decision to wait mere weeks before the scheduled execution in order to put the court against the wall with a tight timeline.

At this point the CCA can do one of two things: uphold Judge Tarrance’s findings and ask him to set a new execution date, or reverse his findings and remand the case back to him.

If the latter happens, the court would appoint at least two independent experts to evaluate Mays for his competency to be executed. After the evaluations, another hearing would then be had and Judge Tarrance would have to rule again. And of course, the CCA would review that ruling.

I certainly believe and argued in our brief to the CCA that Judge Tarrance, and not the judges in Austin, is in the best position to evaluate Mays’s competency claims. Judge Tarrance was the trial judge and has handled this case fairly, correctly and efficiently for the past eight years. We certainly hope and advocate for the CCA to uphold his ruling and allow Judge Tarrance to set another execution date.

Chandler Man Sentenced to 15 Years for 5th DWI

Press release

David Brooks, 39, of Chandler, was sentenced to 15 years in the Texas Department of Corrections on March 9, 2015 by Judge Carter Tarrance. Assistant District Attorneys Jenny Palmer and Danny Cox prosecuted the case for Scott McKee’s District Attorney’s Office.

The conviction stems from Brooks driving on the wrong side of FM 315, in a no passing zone, and on the shoulder while intoxicated around 8 p.m. on June 22, 2014. Brooks was originally stopped by Henderson County Sheriff’s Deputy Keon Mack after Mack witnessed his driving. State Trooper Samuel Nowell also responded to the scene as a back-up officer. After Nowell performed field sobriety tests on Brooks, he refused to consent to a blood draw. Nowell then requested a search warrant for Brooks’s blood. Former County Court at Law Judge Matt Livingston signed the warrant. Brooks’s Blood Alcohol Content was ultimately found to be over twice the legal limit. Continue reading “Chandler Man Sentenced to 15 Years for 5th DWI”

Murchison Woman Sentenced For Embezzlement

Press release

A 55-year-old Murchison, Texas woman has been sentenced to federal prison for embezzlement in the Eastern District of Texas, announced U.S. Attorney John M. Bales.

Deborah Cornett pleaded guilty on June 9, 2014 to embezzlement by a bank employee and was sentenced to 41 months in federal prison today by U.S. District Judge Leonard Davis. Cornett was also ordered to pay restitution in the amount of $365,988.43.

According to information presented in court, from November 2007 to May 2013, Cornett was an officer and employee of the First State Bank of Ben Wheeler. During that time, Cornett embezzled from bank payroll accounts, the bank Christmas Club account, certificates of deposit, and from fraudulently issued bank loans. Majority of businesses can negate employees conducting fraudulent activities by using payroll software solutions like Cloudpay can offer, as well as many other payroll solutions. These can combat employees trying to embezzle funds from payroll accounts. Using safe and secure payroll systems in any workplace, business, and company can make sure that they are keeping employees and employers safe from potential hacking of accounts, etc. This will also provide the necessary security where needed. These systems are on hand to make sure that incidents such as this do not repeat themselves and result in financial security all round. The right payroll software can make it easier for businesses to use without lackluster safety procedures being done.

This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld.

Calhoun Sentenced to 15 Years in Prison

Press release

A punishment hearing was held last Thursday afternoon for Joshua Paul Calhoun. After a full afternoon of evidence and testimony, the presiding Judge Dan Moore sentenced Calhoun to serve 15 years in the Texas Department of Criminal Justice in the Institutional Division in connection with a stolen vehicle and leading police on a high-speed chase.

Assistant district attorneys Nancy Rumar and Justin Weiner prosecuted the case on behalf of Scott McKee’s Henderson County District Attorney Office.

After the hearing Assistant District Attorney, Justin Weiner, stated: “Henderson County and all of East Texas should be immensely proud of the collective efforts of their law enforcement officers in bringing Calhoun to Justice. We had the cooperation of federal law enforcement officials and local law enforcement from multiple states. Their testimony in court insured that this very dangerous man is behind bars.” Assistant District Attorney Rumar stated: “The fact that so many out of town officers were willing to come testify speaks volumes for the type of history that Calhoun has with law enforcement. I am glad that we have people willing to drive over 20 hours round trip to testify against him.” Continue reading “Calhoun Sentenced to 15 Years in Prison”