AUSTIN, Texas (AP) — Gov. Rick Perry expressed outrage Wednesday at the president's plan to curb gun violence, saying he's "disgusted" by the "political left" using the Connecticut school massacre to push for greater restrictions on guns and that the Second Amendment trumps Barack Obama or any other president.
Copyright 2013 The Associated Press.
AUSTIN, Texas (AP) — Gov. Rick Perry wants to tap the Rainy Day Fund to spend $3.7 billion on critical water and transportation systems in the state.
In his State of the State speech on Tuesday, Perry said there is more money in the fund than is needed, and that the state should not accumulate any more. He said tapping the fund for a one-time investment in infrastructure was needed to ensure a high quality of life.
Perry also called to use road funding only on transportation projects.
The Republican has for weeks called on the Legislature to cut taxes and continue to hold down government spending — even though Texas' economy is booming. He also called for $1.8 billion in tax relief and said how to do that was still open for consideration.
Copyright 2013 The Associated Press.
HUNTSVILLE, Texas (AP) — Defense lawyers have made a late request to halt the execution of a Texas woman set to become the first female put to death in the U.S. in three years.
The request was sent to a Dallas County judge Tuesday just hours before Kimberly McCarthy's scheduled execution.
University of Texas law professor Maurie Levin argues that McCarthy was the subject of racial discrimination by the jury of 11 whites and only one black that convicted her. McCarthy is black.
She said the same in a letter Friday to Dallas County District Attorney Craig Watkins.
Watkins' office calls the effort a "mere delay" tactic because the record doesn't support a valid legal claim for discrimination.
McCarthy faces execution in Huntsville for the 1997 beating, stabbing and robbing of a neighbor.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
The execution Tuesday of a Texas woman convicted in the gruesome murder of her 71-year-old neighbor will mark the first time in three years that a female inmate has been put to death in the U.S.
Kimberly McCarthy, 51, was sentenced to death for the 1997 robbery, beating and fatal stabbing of retired college psychology professor Dorothy Booth. Investigators say Booth had agreed to give McCarthy a cup of sugar before she was attacked with a butcher knife at her home in Lancaster, about 15 miles south of Dallas.
It was among three slayings linked to McCarthy, a former nursing home therapist who'd been addicted to crack cocaine. Her lethal injection is scheduled for Tuesday evening.
McCarthy will be the 13th woman executed in the U.S. and the fourth in Texas, the nation's busiest death penalty state, since the Supreme Court allowed capital punishment to resume in 1976. In that same time period, more than 1,300 male inmates have been executed nationwide.
Federal Bureau of Justice Statistics compiled from 1980 through 2008 show women make up about 10 percent of homicide offenders nationwide. According to the NAACP Legal Defense Fund, 3,146 people were on the nation's death rows as of last Oct. 1, and only 63 — 2 percent — were women.
In a final legal effort to spare her life, McCarthy's lawyers asked Gov. Rick Perry on Monday to use his executive authority to issue a 30-day reprieve. They also appealed to Dallas County District Attorney Craig Watkins to withdraw or modify the execution date, citing his support that Texas adopt a law allowing death-row inmates to appeal on racial grounds. McCarthy is black, while all but one of her 12 Dallas County jurors were white.
The U.S. Supreme Court earlier this month refused to review her case, and the Texas Board of Pardons and Paroles turned down a clemency request Friday.
Her lead attorney, Doug Parks, said drug use was McCarthy's downfall.
"I think when she's off dope she's probably a pretty good person," he said. "I believe now, as I did then, that in the penitentiary, Kim would be absolutely no danger to anyone."
McCarthy declined to speak with reporters as her execution date neared.
Evidence showed that McCarthy called Booth to borrow a cup of sugar. When she came to pick it up, McCarthy attacked Booth, including forcing the woman's hand to a chopping block so she could cut off her finger to remove her wedding ring.
"I remember the pain and agony that poor woman lived through before McCarthy delivered the final stab wounds," former Dallas County assistant district attorney Greg Davis recalled last week.
Blood DNA evidence also tied McCarthy to the December 1988 slayings of 81-year-old Maggie Harding and 85-year-old Jettie Lucas. Harding was stabbed and beaten with a meat tenderizer, while Lucas was beaten with both sides of a claw hammer and stabbed.
McCarthy, who denied any involvement in the attacks, was indicted but not tried for those slayings.
"She took the most defenseless, the most helpless people, people that trusted her, that she chose to attack," Davis said.
The Dallas County jury had already found McCarthy guilty of Booth's slaying when evidence during the punishment phase of her trial linked her to the other two slayings and convinced jurors to send her to death row.
Prosecutors also showed that McCarthy stole Booth's Mercedes and drove to Dallas, pawned the ring for $200 and then went to a crack house to buy cocaine. Evidence also showed she used Booth's credit cards at a liquor store and was carrying Booth's driver's license.
Booth's DNA was found on a 10-inch butcher knife recovered from McCarthy's home.
McCarthy said she blamed the crime on two drug dealers she identified only as "Kilo" and "J.C." There was no evidence to show either existed.
McCarthy was tried twice for Booth's slaying, most recently in 2002. Her first conviction in 1998 was thrown out three years later by the Texas Court of Criminal Appeals, which ruled police violated her rights by using a statement she made to them after asking for a lawyer.
McCarthy is a former wife of Aaron Michaels, founder of the New Black Panther Party, and he testified on her behalf. They had separated before Booth's slaying.
McCarthy is among 10 women on death row in Texas, but the only one with an execution date.
In 1998, Karla Faye Tucker, 38, became the first woman executed in Texas since the Civil War for a robbery in Houston where two people were killed with a pickax. Two years later, a 62-year-old great-grandmother, Betty Lou Beets, received lethal injection for the slaying of her fifth husband in northeast Texas to collect insurance and pension benefits. And in 2004, Frances Newton, 40, was executed for the 1987 slayings of her husband and two children in Houston.
At least eight male Texas prisoners have executions scheduled in the coming months.
Copyright 2013 The Associated Press.
HUNTSVILLE, Texas (AP) — A Texas woman won a reprieve from the death chamber Tuesday, mere hours before she was scheduled to be the first woman executed in the U.S. since 2010.
State District Judge Larry Mitchell, in Dallas, rescheduled Kimberly McCarthy's punishment for April 3 so lawyers for the former nursing home therapist could have more time to pursue an appeal focused on whether her predominantly white jury was improperly selected on the basis of race. McCarthy is black.
Dallas County Assistant District Attorney Shelly Yeatts, who initially contested the motion to reschedule, said she would not appeal the ruling.
The 51-year-old McCarthy was convicted and sent to death row for the 1997 stabbing, beating and robbery of a 71-year-old neighbor. She learned of the reprieve less than five hours before she was scheduled for lethal injection, already in a small holding cell a few feet from the death chamber at the Texas Department of Criminal Justice Huntsville Unit.
"I'm happy right now over that," she told prison agency spokesman John Hurt. "There's still work to be done on my case."
Hurt said McCarthy was in good spirits and "didn't seem tense or nervous" even before she learned she would live.
A Dallas County jury convicted her of killing neighbor Dorothy Booth at the retired college psychology professor's home in Lancaster, about 15 miles south of Dallas.
"We are very pleased that we will now have an opportunity to present evidence of discrimination in the selection of the jury that sentenced Kimberly McCarthy to death," said Maurie Levin, a University of Texas law professor and McCarthy's lawyer.
"Of the twelve jurors seated at trial, all were white, except one, and eligible non-white jurors were excluded from serving by the state. ... These facts must be understood in the context of the troubling and long-standing history of racial discrimination in jury selection in Dallas County, including at the time of Ms. McCarthy's trial," Levin said.
Investigators said Booth had agreed to give McCarthy a cup of sugar before she was attacked with a butcher knife and candelabra. Booth's finger also was severed so McCarthy could take her wedding ring. It was among three slayings linked to McCarthy, who'd been addicted to crack cocaine.
McCarthy would have been the 13th woman executed in the U.S. and the fourth in Texas, the nation's busiest death penalty state, since the Supreme Court allowed capital punishment to resume in 1976. In that same time period, more than 1,300 male inmates have been executed nationwide.
Federal Bureau of Justice Statistics compiled from 1980 through 2008 show women make up about 10 percent of homicide offenders nationwide. According to the NAACP Legal Defense Fund, 3,146 people were on the nation's death rows as of Oct. 1, and only 63 — 2 percent — were women.
Copyright 2013 The Associated Press.
MIAMI (AP) — A manhunt is under way for a prisoner convicted in two violent sexual assaults who stabbed one of two police escorts and escaped in the Dallas area as he was being transferred from Florida to Nevada, police said Tuesday.
Alberto Morales, 42, somehow obtained a sharp object and stabbed one of the officers once in the neck and three times in the back Monday night outside a Walmart in Grapevine, city police Lt. Barry Bowling said. Miami-Dade Police Detective Jaime Pardinas, a 54-year-old who has been on the force for 28 years, is in serious but stable condition, authorities said.
Pardinas and Detective David Carrero were scheduled to fly to Nevada with Morales so he could serve two life sentences there for aggravated sexual assault. But the officers and Morales weren't allowed to get back on the plane during a layover in Texas because of the inmate's erratic behavior, authorities said.
During the first leg of the flight, Morales was "bumping his head against a passenger seat in front of him, so he was doing a lot of crazy, unusual things that just disrupted the entire flight," said Miami-Dade Police Director J.D. Patterson Jr.
The detectives were then forced to rent a vehicle at Dallas-Fort Worth International Airport with the intention of driving the nearly 1,200 miles to their destination. Miami Police said there are clear policies about transporting inmates across state lines, but didn't discuss details other than to say two officers must be present.
The officers stopped to use the restroom at the store late Monday night and were waiting for a third officer to meet them and assist with the rest of the trip. While Carrero was inside the store using, Morales got hold of a sharp object, stabbed Pardinas and fled, authorities said.
"He was handcuffed. We don't know how he got the handcuffs free," Patterson said.
It's unclear if Morales' hands were cuffed in front or behind him or if he was shackled. Miami police also declined to speculate on how Morales obtained the object he used to stab the officer. Morales, who was born in Cuba, is believed to have run away.
Morales was sentenced to 10 years in prison in December in Miami after pleading guilty to sexual battery with a deadly weapon, burglary with assault and kidnapping stemming from a 2003 crime. He was being taken to Nevada to serve out life sentences on a separate sexual assault conviction in that state.
Authorities frequently fly inmates across the country and said they are occasionally forced off the plane by an inmate's behavior.
"The airlines are picky," said Miami-Dade Police Deputy Director Juan Perez, who noted airlines will ask officers escorting inmates to leave for minor things because they are worried about liability issues.
Copyright 2013 The Associated Press.
HUNTSVILLE, Texas (AP) — Richard Cobb never denied using a shotgun to kill a man abducted and shot during a holdup of an East Texas convenience store almost 11 years ago.
A Cherokee County jury sent him to death row and the 29-year-old now is set to die Thursday evening in Huntsville.
Cobb testified at his trial he was forced into fatally shooting 37-year-old Kenneth Vandever because of threats from his holdup partner. That companion, Beunka Adams, was executed last year.
Two women also abducted from the store were shot and left for dead. One of them was raped. But they survived and testified against their attackers.
Attorneys for Cobb are asking the U.S. Supreme Court to stop the punishment. It would be the fourth execution this year in Texas.
Copyright 2013 The Associated Press.
DALLAS (AP) — Five straight state championships weren't quite enough to vault Lake Travis High School to the top of the preseason poll in its Class 5A debut.
Lake Travis is second to defending 5A Division I champion Southlake Carroll in The Associated Press preseason Texas high school football poll released Thursday.
The Cavaliers are moving up to the state's highest classification after winning five straight championships in Class 4A. Lake Travis had one more first-place vote than Carroll but finished 12 points behind in balloting by sports writers and broadcasters who cover Texas high school football.
Stephenville and La Marque, a pair of longtime 4A powers, have the top two spots in 3A after dropping a classification.
Denton Guyer tops the 4A poll two years after losing in a 5A championship game.
Here is the list of the top ten preseason teams in all 5 classifications (teams of local interest in bold).
| Class 5A | ||||
| School | 2011 | Total | Points | Prv |
| 1. Southlake Carroll (8) | (16-0) | 218 | 7 | |
| 2. Lake Travis (9) | (16-0) | 206 | 4A | 1 |
| 3. Dallas Skyline (7) | (14-1) | 199 | 5 | |
| 4. Katy (1) | (12-1) | 170 | 1 | |
| 5. Cibolo Steele | (15-1) | 117 | 4 | |
| 6. Euless Trinity | (12-1) | 103 | 3 | |
| 7. DeSoto | (10-2) | 71 | 8 | |
| 8. Allen | (11-1) | 65 | 2 | |
| 9. Longview | (11-2) | 63 | 6 | |
| 10. Abilene | (10-4) | 47 |
Others receiving votes: 11, Arlington Martin 41. 12, Manvel 18. 13, Pearland 15. 14, SA Madison 11. 15, The Woodlands 10. 16, Spring DeKaney 9. 17, La Porte 5. 18, Austin Westlake 3. 19, Hewitt Midway 2. 20, Lufkin 1. 20, Smithson Valley 1.
| Class 4A | ||||
| School | 2011 | Total | Points | Prv |
| 1. Denton Guyer (13) | (8-4) | 228 | ||
| 2. Cedar Park (3) | (11-3) | 199 | 9 | |
| 3. Tyler (6) | (11-4) | 196 | ||
| 4. Pearland Dawson | (12-3) | 146 | ||
| 5. Dallas Highland Park | (12-1) | 130 | 4 | |
| 6. Aledo (3) | (14-2) | 108 | 8 | |
| 7. Leander | (8-4) | 90 | ||
| 8. WF Rider | (10-4) | 89 | ||
| 9. Angleton | (13-1) | 74 | 7 | |
| 10. CC Calallen | (13-2) | 46 |
Others receiving votes: 11, Brenham 16. 12, Nederland 15. 13, Wichita Falls 11. 14, Kerrville Tivy 9. 15, Dallas Kimball 8. 16, Amarillo 3. 16, Wolfforth Frenship 3. 18, Sulphur Springs 2. 19, Sherman 1. 19, Corsicana 1.
| Class 3A | ||||
| School | 2011 | Total | Points | Prv |
| 1. Stephenville (15) | (11-3) | 227 | ||
| 2. La Marque (5) | (11-3) | 202 | ||
| 3. Carthage (2) | (9-4) | 167 | ||
| 4. Coldspring-Oakhurst (1) | (14-1) | 130 | 3 | |
| T5. Navasota (1) | (11-2) | 125 | ||
| T5. Wimberley (1) | (15-0) | 125 | 2 | |
| 7. Argyle | (14-2) | 89 | 8 | |
| 8. Waco La Vega | (11-1) | 74 | 10 | |
| T9. Alvarado | (14-1) | 42 | 6 | |
| T9. Celina | (11-1) | 42 | 5 |
Others receiving votes: 11, Henderson 36. 12, Tyler Chapel Hill 32. 12, Gilmer 32. 14, Monahans 14. 15, West Columbia 13. 16, Sealy 9. 17, Bellville 6. 18, Abilene Wylie 5. 19, Kennedale 2. 19, Kilgore 2. 21, Melissa 1.
| Class 2A | ||||
| School | 2011 | Total | Points | Prv |
| 1. Refugio (17) | (15-0) | 217 | 1 | |
| 2. Cameron Yoe (3) | (6-5) | 176 | ||
| 3. Daingerfield (3) | (10-4) | 166 | ||
| 4. Newton (1) | (9-3) | 152 | ||
| 5. Lexington | (11-3) | 125 | ||
| 6. Tatum | (12-3) | 119 | ||
| 7. Cisco | (14-1) | 106 | ||
| 8. Wall | (11-1) | 73 | 4 | |
| 9. Hempstead (1) | (14-1) | 51 | 3 | |
| 10. Muleshoe | (12-2) | 39 |
Others receiving votes: 11, Arp 38. 12, Corsicana Mildred 30. 13, East Bernard 23. 14, Crockett 17. 15, Littlefield 11. 15, Rogers 11. 17, Franklin 8. 18, Garrison 6. 19, Clarksville 2. 19, Commerce 2. 21, Elysian Fields 1. 21, Idalou 1. 21, New Boston 1.
| Class 1A | ||||
| School | 2011 | Total | Points | Prv |
| 1. Mart (11) | (11-3) | 220 | ||
| 2. Stamford (7) | (13-3) | 211 | ||
| 3. Munday (4) | (13-3) | 195 | ||
| 4. Tenaha (2) | (14-0) | 142 | 2 | |
| 5. Falls City | (10-3) | 114 | ||
| 6. San Augustine | (8-3) | 108 | ||
| 7. Mason (1) | (15-0) | 101 | 3 | |
| 8. Burton | (12-3) | 52 | ||
| 9. Windthorst | (11-2) | 46 | 7 | |
| 10. Goldthwaite | (7-5) | 44 |
Others receiving votes: 11, Wellington 37. 12, Shiner 23. 13, Hubbard 16. 14, Ganado 14. 15, Albany 10. 15, Lindsay 10. 17, Alto 7. 17, Italy 7. 19, Muenster 6. 20, Joaquin 4. 21, Sunray 3. 22, Mount Enterprise 2. 22, Panhandle 2. 24, Stratford 1.
Copyright 2012 The Associated Press.
It was a difficult foray into the world of Friday nights for the Tomball Memorial Wildcats, as they were hammered 37-0 by Magnolia West, Aug. 31.
The game started off with a bang for the Mustangs as they opened the game with a touchdown on the first play. The rest of the first quarter was a struggle for both teams, however and Magnolia West held a 6-0 lead heading into the second quarter.
The Mustangs put 13 more points on the board in the second quarter, before coming alive in the second half. Magnolia West head coach Shawn Bell said his team showed the early season rust after the big bang opening the game.
"Overall it took us a little while to get going after that first play," Bell said. "The kids adjusted and started playing well in the second half."
Magnolia West racked up 477 yards on total offense in the contest.
Mustang quarterback Brandon O'Neil was 3-4 passing for 110 yards and a touchdown, while Brady Bynum totaled 181 rushing yards on 22 carries. Kyle Crawford added 77 yards on eight carries, while scoring twice and Chris Nicholson ran for 72 yards and a score on just two carries. Receiver Zeke Bronson led the way with 117 yards and a touchdown on three receptions.
The Mustang defense stifled the Wildcat offense all night, holding them to 53 total yards.
Junior running back Josh Williams led Tomball Memorial with 46 yards on 11 carries.
Next up Magnolia West will host Stratford Sept. 7, at 7 p.m., while Tomball Memorial will travel to Galena Park for a 7 p.m. contest.
Class 5A
1. Lake Travis (1-0) vs. New Braunfels Canyon, Friday
2. Dallas Skyline (1-0) vs. Arlington Martin, Friday
3. Katy (1-0) vs. Alief Taylor, Friday
4. Allen (1-0) at Cedar Hill, Friday
5. Cibolo Steele (1-0) vs. Converse Judson, Friday
6. DeSoto (1-0) vs. Jenks, Saturday
7. Abilene (1-0) vs. Duncanville, Friday
8. Euless Trinity (0-1) vs. Abilene, Saturday
9. Southlake Carroll (0-1) vs. Midland, Friday
10. Manvel (1-0) vs. Galena Park North Shore, Friday
Class 4A
1. Tyler (1-0) at Lancaster, Friday
2. Aledo (1-0) at Stephenville, Friday
3. Pearland Dawson (0-0) vs. Montgomery, Friday
4. Leander (1-0) vs. Pflugerville Hendrickson, Friday
5. Angleton (1-0) vs. Clute Brazoswood, Friday
6. CC Calallen (1-0) vs. Weslaco East, Friday
7. Denton Guyer (0-1) at Colleyville Heritage, Thursday
8. Cedar Park (0-1) vs. Abilene Cooper, Friday
9. Kerrville Tivy (1-0) at SA Madison, Saturday
10. Nederland (1-0) vs. Baytown Goose Creek, Friday
Class 3A
1. La Marque (1-0) at Texas City, Friday
2. Coldspring-Oakhurst (1-0) at Navasota, Friday
3. Navasota (1-0) vs. Coldspring-Oakhurst, Friday
4. Wimberley (1-0) vs. Giddings, Friday
5. Waco La Vega (1-0) vs. Hutto, Friday
6. Alvarado (1-0) at Mexia, Saturday
7. Abilene Wylie (1-0) vs. Bridgeport, Friday
8. Stephenville (0-1) vs. Aledo, Friday
9. Carthage (0-1) vs. Lindale, Friday
10. Gilmer (1-0) at Plano Prestonwood, Friday
Class 2A
1. Refugio (1-0) vs. Edna, Friday
2. Cameron Yoe (1-0) at Lexington, Friday
3. Newton (1-0) at Liberty, Friday
4. Lexington (1-0) vs. Cameron Yoe, Friday
5. Tatum (1-0) at Winnsboro, Friday
6. Cisco (1-0) at Clyde, Thursday
7. Wall (1-0) at Merkel, Friday
8. Hempstead (1-0) at Stafford, Friday
9. Corsicana Mildred (1-0) at Centerville, Friday
10. Daingerfield (0-1) at Atlanta, Friday
Class 1A
1. Mart (1-0) vs. Dallas St. Mark, Friday
2. Stamford (1-0) at Munday, Friday
3. Munday (1-0) vs. Stamford, Friday
4. Falls City (1-0) at Poth, Friday
5. Mason (1-0) at Goldthwaite, Friday
6. Burton (1-0) vs. Chilton, Friday
7. Wellington (1-0) at Panhandle, Friday
8. Shiner (1-0) vs. Hallettsville, Friday
9. Hubbard (1-0) vs. Bosqueville, Friday
10. Joaquin (1-0) at Shelbyville, Friday
Copyright 2012 The Associated Press.
After a 0-3 start in district play, the Waller Bulldogs headed into their contest against Bryan Rudder with a chip on their shoulder.
After a Rudder turnover to open the game, the Bulldogs quickly mounted a drive, topped off by quarterback Rhett Loewe's five-yard run for the score. Denny Garcia tacked on the extra point to go up 7-0.
After a Bulldog field goal on their next possession, Waller forced a three-and-out from the Ranger offense. The Bulldogs proceeded to march downfield, scoring on Colten Frisby's one-yard run to go up 17-0.
The defense held up and forced another punt by the Rangers. A booming punt took Race Mellman all the way back to his own 19-yard line as he caught the ball. After breaking a couple of tackles, a wall of blockers were set up for Mellman to get behind and he promptly raced down the sideline for an 81-yard return for a score.
A Rudder score cut the lead to 23 -7, with just under two minutes to play in the half. The Bulldogs quickly answered the score with one of their own. Chris Wilkerson and Cole Geigley were opening up some nice running lanes while Colten Frisby ran for a 35-yard gain and Josh Cunningham powered his way for 26 more. Loewe punched it in from there to cap the scoring for the first half with 28 seconds left and the score 30-7.
Rudder scored again with 1:03 left in the third quarter and Waller's Joeseth McDade scored twice in the fourth quarter, on runs of three and 17 yards respectively, to complete the scoring and a final score of 44-1, in favor of Waller.
The Waller Bulldogs hosted the Magnolia Bulldogs on Oct. 19, for Homecoming. Results were not available at press time.
Tomball 56
Spring Woods 0
The Cougars rolled for their third straight win, blanking Spring Woods 56-0 Oct. 18.
Tomball running back Xavier Powell opened up the scoring with a 52-yard touchdown run and the Cougars never looked back. They raced to a 42-0 halftime lead before letting the backups play much of the second half.
Powell ended the night with 153 yards on just seven rushes and two scores.
Demetri Scott added 163 yards on the ground, while only running the ball three times. He also had two scores. Scott added 48 yards receiving and another touchdown to close out his dominant night.
The Cougars improved to 3-4 on the season and 3-1 in District 22-4A.
Tomball hosts Ft. Bend Ridge Point Oct. 26 in their homecoming contest.
Tomball Memorial 36
Spring Woods 33
The Tomball Memorial Wildcats grabbed their first varsity win in school history Oct. 12, defeating Spring Woods 36-33.
The Wildcats had a balanced offensive attack, with 253 yards rushing and 264 yards through the air. Running back Payton logan paced the rushing attack with two touchdown runs, while quarterback Jordan Peterson was 14-21 passing for 264 yards and two touchdown tosses.
The win gave Tomball Memorial its first win in history, improving to 1-5 overall and 1-2 in District 22-4A.
The Wildcats traveled to Ft. Bend Marshall Oct. 19. Results were not available at press time.
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