Legal-Henderson County Now

Eustace City Council fires police chief

EUSTACE — The Eustace City Council terminated Police Chief Troy Tucker Monday night on a 3-2 vote following extended deliberations in open session before a standing-room-only audience.

The discussion was held in open session at Tucker’s request.

Chuck Powers, Marlin Chambers and Robert Pickle voted in favor of the termination. Chris Wood and H.A. Graves voted no.

Mayor Elicia Sanders did not vote, but told council members she was in favor of termination.

The action came based on three separate incidents which occurred between late November and early January. The incidents — which were not clearly described during the meeting — included situations both in the field and in the office.

One thing that was clear was that the council agonized over the decision. Multiple times, council members talked about struggling with the issue.

“This is one of the hardest things I’ve ever done in my life,” said Chambers.

Wood said, “I am absolutely torn in two.”

Sitting on the front row with his attorney, Tucker admitted to making mistake and said he “could have had better judgement.” But he also pointed to all the progress made by the department in the 16 months he’d been chief.

Many in the audience — and council members — agreed with Tucker, saying he had a significant impact on the drug problem in the city.

But some officials, including the mayor, said they felt irreparable damage had been done to the department, and said they believed if Tucker stayed the department’s other two officers would leave.

“What’s the effect on the department with all of this?” Powers asked. “There’s going to be fallout either way.”

Eustace officers Brian Hetzer and M. Trahern attended the meeting, standing in the back, but did not speak and declined to answer questions.

In the end, the three council members who voted to terminate Tucker seemed to believe there was too much damage to the work atmosphere in the police department, and the city would be too susceptible to a possible lawsuit, to bring him back.

Powers said if the council kept Tucker and another incident occurred, the city could be “down and out, and it’s not Beverly Hills, it’s Eustace, Texas.”

The council did not name an interim police chief at the meeting.

Daily Brief: Thursday, Jan. 10

In the photo above, Athens Mayor Jerry Don Vaught (right) reads the inscription on a gold watch the city presented to former mayor and current Pct. 1 Justice of the Peace Randy Daniel during a council meeting yesterday. Daniel was also presented a plaque for his service. Daniel served as mayor from 2005 through 2012.

Vaught said the presentations were “With much appreciation from the city and the City Council.”

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During the meeting, the council also looked at items that will be on Monday night’s agenda, including appointing Steve Grant to the Airport Advisory Board, a possible air show at the airport, and improvements needed at the facility. No action was taken, but the appointment is expected to be approved Monday.

Rich Flowers over at the Review has more details.

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The UT Tyler Mobile Go Center (MGC) will be at Malakoff High School from 6-8 p.m. tonight.

According to the website:

The University of Texas at Tyler Mobile Go Center is an internet-equipped mobile computer lab providing college-going resources to individuals and their families. The mobile center is designed to increase the number of students enrolled and succeeding in higher education programs in Texas.

Parents of seniors, take note.

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Speaking of Malakoff, the District Attorney’s Office issued a press release yesterday announcing a convicted drug dealer from that area was sentenced to 18 years.

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In case you missed it, San Antonio atheist Patrick Greene has changed his mind … again … about suing over the Henderson County nativity scene.

Anyone want to make book on if he decides to file again?

Didn’t think so.

Malakoff drug dealer gets 18 years

Press release from Henderson County District Attorney’s Office

As the sun was setting on 2012, the sun was also setting on James Earl Ray’s time as a Henderson County resident. Ray, known on the street as “King James” was sentenced to 18 years in prison for crack cocaine.

Ray, 40 years old and formerly of Malakoff, plead guilty while a jury awaited the state’s first witness in the 173rd Judicial District Court with Judge Dan Moore presiding. Henderson County Assistant District Attorneys Justin Weiner and Nancy Rumar prosecuted the case on behalf of Scott McKee’s District Attorney’s office.

A little over a year prior to his sentence on Dec. 8, 2011, the Henderson County Drug Task Force and members of the Henderson County Sheriff’s Office Command Staff executed a search warrant on Ray’s residence. Immediately after making entry into the home, Ray was seen fleeing from the bathroom with his hands dripping wet. The toilet was running which indicated that it had recently been flushed. Some speculated that Ray had flushed a quantity of narcotics when he realized that law enforcement was at his home.

During the search of the home, the Task Force located a number of items confirming Ray’s involvement in drug transactions. Crack cocaine was found throughout the house along with razor blades used to size the rocks, a large amount of cash mostly in small bills, and a cell phone with text messages detailing various drug transactions. The residence was also home to two children. The search also revealed digital scales with cocaine residue found sitting on a baby’s highchair. Ray was the only person present at the time the search warrant was executed.

An additional warrant was also executed to search Ray’s cellular phone which indicated that he was trafficking in narcotics.

Following the sentence, Weiner said: “[T]his is a great example of why it is so important that our office works so hard with law enforcement and continues to fight and investigate these cases on the eve of and throughout trial.”

Greene drops nativity lawsuit

ATHENS — San Antonio Atheist Patrick Greene announced this morning he is withdrawing his lawsuit against Henderson County Judge Richard Sanders in connection with the nativity scene displayed on the courthouse lawn each December.

In the lawsuit, Greene said Sanders, “abused his position as judicial head of Henderson County, by giving official governmental permission to private citizens to display this Christian Nativity scene. This also violated Article 1, Section 6 of the Texas Constitution; ‘No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by lay to any religious society or mode of worship.’”

Greene filed the lawsuit in late December. You can read more about the lawsuit here. You can read more about Greene’s involvement in Henderson County and the nativity controversy here.

Greene said he was dropping the lawsuit “because something far more important has come up.”

“I discovered a woman who is in prison who got there without due process, and I am going to try to get her out,” he said.

The woman is Meagan Adams, who was one of three teenagers to be convicted in 2003 for murdering Adams’ grandmother and guardian. Adams was 16 at the time.

Adams admits to being involved in the crime, but writes, “I do take responsibility for my part in this case, but I feel my sentence was extreme. I was a child and since then I have grown and realized so much. I have so many goals. I have so much that I want to do with my life, but I just need someone who will take a chance on me.”

Greene has decided to take that chance.

Henderson County Attorney Clint Davis said the county was thankful to have the lawsuit behind them.

“We’re thankful for whatever reason that Mr. Greene decided to drop his lawsuit,” he said.

DA releases Grand Jury Report

Henderson County District Attorney R. Scott McKee reported the July Term, 2012, Grand Jury met on Dec. 27 and returned 96 True Bills, including the following:
1. Frankie Lee Pratt, W/M, 45, from Tool, indicted for Theft of Property Over $1,500;
2. Gary Lee Hopkins, W/M, 42 from Murchison, indicted for Possession of a Controlled Substance;
3. Barton Louis Royse, W/M, 47, Eustace, indicted for Possession of a Controlled Substance;
4. Sean Issac Harrell, W/M, 19, from Hillsboro, indicted for Manufacture/Delivery of a Controlled Substance;
5. Gregory Scott Hill, W/M, 45 from Gun Barrel City, indicted for Possession of a Controlled Substance;
6. Paul Wayne Simpson, W/M, 54, from White Oak, indicted for Possession of a Controlled Substance;
7. Cody Tramaine Carter, B/M, 21, from Athens, indicted for Possession of a Controlled Substance;
8. Michael Lee Wooton, W/M, 52, from Gun Barrel City, indicted for Possession of a Controlled Substance;
9. Bolton Daniel Patterson, W/M, 30, from Gun Barrel City, indicted for Possession of a Controlled Substance;
10. Bobby Joe Ross, W/M, 53, from Eustace, indicted for Burglary of a Building;
11. Rickey Ramone Jackson, B/M, 30, from Athens, indicted for Possession of a Controlled Substance;
12. Shawn Michael Gautney, W/M, 29, from Mabank, indicted for Evading Arrest with a Motor Vehicle;
13. Donna Arrender Schultz, W/F, 44, from Eustace, indicted for Possession of a Controlled Substance;
14. Donna Arrender Schultz, W/F, 44, from Eustace, indicted for Tampering with Physical Evidence;
15. Trude Fay Welch, W/F, 36, from Athens, indicted for Possession of a Controlled Substance;
16. Windell Robert Robinson, W/M, 53, from Gun Barrel City, indicted for Manufacture/Delivery of a Controlled Substance;
17. Kenneth Leonard Givens, Jr., B/M, 26, from Gun Barrel City, indicted for Prohibited Substance in a Correctional Facility;
18. Amy Suzanne Lewis, W/F, 46, from Eustace, indicted for Prohibited Substance in a Correctional Facility;
19. Reina Gay Cole, W/F, 46, from Athens, indicted for Fraudulent Use/Possession of Identifying Information;
20. Reina Gay Cole, W/F, 46, from Athens, indicted for Fraudulent Use/Possession of Identifying Information;
21. Jacob Edward Kovarik, W/M, 33, from Frankston, indicted for Failure to Appear;
22. Jacob Edward Kovarik, W/M, 33, from Frankston, indicted for Failure to Appear;
23. Jacob Edward Kovarik, W/M, 33, from Frankston, indicted for Possession of a Controlled Substance;
24. Ervin Wren Bynum, W/M, 37, from Canton, indicted for Intoxication Assault;
25. Jay Martin Legallee, W/M, 62, from Caney City, indicted for Aggravated Assault Family Violence with a Deadly Weapon;
26. Jay Martin Legallee, W/M, 62, from Caney City, indicted for Aggravated Assault with a Deadly Weapon;
27. Jay Martin Legallee, W/M, 62, from Caney City, indicted for Unlawful Possession of a Firearm by a Felon;
28. Jay Martin Legallee, W/M, 62, from Caney City, indicted for Burglary of a Habitation;
29. Craig Mylan Lovell, W/M, 25, from Mabank, indicted for Evading Arrest with a Motor Vehicle;
30. Laura Joann Mannon, W/F, 45, from Athens, indicted for Fraudulent Use/Possession of Identifying Information;
31. Laura Joann Mannon, W/F, 45, from Athens, indicted for Credit Card/Debit Card Abuse;
32. Donald Ray Green, B/M, 50, from Malakoff, indicted for Possession of a Controlled Substance;
33. Donald Ray Green, B/M, 50, from Malakoff, indicted for Tampering with Physical Evidence;
34. Lisa Ann Bambeck, W/F, 32, from Elkhart, indicted for Possession of a Controlled Substance, Drug Free Zone;
35. Lisa Ann Bambeck, W/F, 32, from Elkhart, indicted for Possession of a Controlled Substance, Drug Free Zone;
36. Lisa Ann Bambeck, W/F, 32, from Elkhart, indicted for Possession of a Controlled Substance, Drug Free Zone;
37. Timothy James Cubine, W/M, 44, from Athens, indicted for Possession of a Controlled Substance;
38. Helen Delena Tedder, W/F, 50, from Kemp, indicted for Possession of a Controlled Substance;
39. Joleta Amber Malone, W/F, 33, from Chandler, indicted for Possession of a Controlled Substance;
40. Gerald Wayne Sandidge, W/M, 57, from Payne Springs, indicted for Possession of a Controlled Substance;
41. Ty Jon Neal, W/M, 51, from Gun Barrel City, indicted for Manufacture/Delivery of a Controlled Substance;
42. Eugenia Kay Neal, W/F, 55, from Gun Barrel City, indicted for Manufacture/Delivery of a Controlled Substance;
43. Desmond Wayne Pugh, W/M, 60, from Gun Barrel City, indicted for Manufacture/Delivery of a Controlled Substance;
44. Jeremy Lee Nelson, W/M, 21, from Mabank, indicted for Burglary of a Habitation;
45. Jeremy Lee Nelson, W/M, 21, from Mabank, indicted for Burglary of a Building;
46. Jeremy Lee Nelson, W/M, 21, from Mabank, indicted for Burglary of a Habitation;
47. Jeremy Lee Nelson, W/M, 21, from Mabank, indicted for Burglary of a Building;
48. Jeremy Lee Nelson, W/M, 21, from Mabank, indicted for Burglary of a Building;
49. Daniel Lee Christian, W/M, 28, from Gun Barrel City, indicted for Burglary of a Habitation;
50. Douglas Wayne Cousin, W/M, 53, Frankston, indicted for Evading Arrest with a Motor Vehicle;
51. Renato Olvera-Zuniga, W/M, 33, from Kemp, indicted for Assault Family Violence;
52. Wayne Dale Martin, Jr., W/M, 36, from Tyler, indicted for Fraudulent Use/Possession of Identifying Information;
53. Ray Calloway Terry, W/M, 41, from Fling, indicted for Fraudulent Use/Possession of Identifying Information;
54. Steven Joe CLowdus, W/M, 30, from Mabank, indicted for Burglary of Habitation;
55. Shannon Paul Ramsey, W/M, 31, from Athens, indicted for Possession of a Controlled Substance;
56. Alejandro Quintana Montes, W/M, 24, from Athens, indicted for Driving While Intoxicated with a Child Passenger;
57. James Russell Powell, W/M, 63, from Gun Barrel City, indicted for Theft by Check Over $1,500;
58. James Russell Powell, W/M, 63, from Gun Barrel City, indicted for Theft by Check Over $1,500;
59. James Russell Powell, W/M, 63, from Gun Barrel City, indicted for Theft by Check Over $1,500;
60. James Russell Powell, W/M, 63, from Gun Barrel City, indicted for Theft by Check Over $1,500;
61. Richard Evan Cernoch, W/M, 46, from Bullard, indicted for Manufacture/Delivery of a Controlled Substance;
62. Elasha Jo Berry, W/F, 32, from Eustace, indicted for Possession of a Controlled Substance;
63. Jesse Dean Jones, W/M, 57, from Athens, indicted for Forgery;
64. Justin Curtis Daniels, W/M, 31, from Nome, indicted for Possession of a Controlled Substance;
65. Justin Curtis Daniels, W/M, 31, from Nome, indicted for Tampering with Physical Evidence;
66. Sharonda Rochelle Sparks, B/F, 40, from Malakoff, indicted for Manufacture/Delivery of a Controlled Substance;
67. Dennis Joe Vaught, W/M, 37, from Athens, indicted for Burglary of a Habitation;
68. Henry Lee Evans, W/M, 26, from Kemp, indicted for Theft of Property Over $1,500;
69. Michael Shane Hickman, W/M, 32, from Chandler, indicted for Possession of a Controlled Substance;
70. Crystal Nicole Rodgers, W/F, 29, from Palestine, indicted for Possession of a Controlled Substance;
71. David Clarence Musick, W/M, 51, from Athens, indicted for Possession of a Controlled Substance;
72. Amye Michelle Brown, W/F, 40, from Mabank, indicted for Possession of a Controlled Substance;
73. Savannah Rae Marlan, W/F, 26, from Mabank, indicted for Manufacture/Delivery of a Controlled Substance;
74. Roger Dale Cullum, W/M, 63, from Gun Barrel City, indicted for Manufacture/Delivery of a Controlled Substance;
75. David Wayne Donaldson, W/M, 42, from Athens, indicted for Burglary of a Building;
76. David Wayne Donaldson, W/M, 42, from Athens, indicted for Theft of Material Over $1,500;
77. David Wayne Donaldson, W/M, 42, from Athens, indicted for Unlawful Use of a Criminal Instrument;
78. Brandon Derrell Nemons, B/M, 29, from Teague, indicted for Tampering with Physical Evidence;
79. Hibby Marie Zelanick, W/F, 31, from Athens, indicted for Driving While Intoxicated with Child Passenger;
80. Hibby Marie Zelanick, W/F, 31, from Athens, indicted for Driving While Intoxicated with Child Passenger;
81. Justin Ryan Smith, W/M, 18, from Grand Saline, indicted for Criminal Mischief Over $1,500;
82. Richard Gerald Eckert, Jr., W/M, 34, from Longview, indicted for Possession of a Controlled Substance;
83. Richard Gerald Eckert, Jr., W/M, 34, from Longview, indicted for Tampering with Physical Evidence;
84. Toby Wayne Risinger, W/M, 17, from Trinidad, indicted for Unauthorized Use of a Motor Vehicle;
85. John Patrick Tuttle, W/M, 20, from Chandler, indicted for Burglary of a Habitation;
86. Jeffrey Glen Stokes, W/M, 49, from Malakoff, indicted for Possession of a Controlled Substance;
87. Keith Allen Beasley, W/M, 49, from Gun Barrel City, indicted for Possession/Transport Anhydrous Ammonia;
88. Billy Shane Day, w/M, 31, from Gun Barrel City, indicted for Credit Card/Debit Card Abuse;
89. Yvette Michelle Manios, W/F, 27, from Mabank, indicted for Possession of a Controlled Substance;
90. Rodney Allen Broach, W/M, 44, of Seven Points, indicted for Theft of Property Over $1,500;
91. Bryson Demond Bowman, B/M, 17, of Athens, indicted for Robbery;
92. Bryson Demond Bowman, B/M, 17, of Athens, indicted for Aggravated Kidnapping;
93. Lamontoe Daquon Rodriguez, B/M, 18, of Athens, indicted for Robbery;
94. Lamontoe Daquon Rodriguez, B/M, 18, of Athens, indicted for Aggravated Kidnapping;
95. Al Gene Fulton, B/M, 29, of Athens, indicted for Robbery;
96. Al Gene Fulton, B/M, 29, of Athens, indicted for Aggravated Kidnapping.