October 30, 2006 Edition

Three time DWI offender convicted of murder

On Sept. 18, the Harris County District Attorney’s Office prosecuted Tyree Jack Jones II for felony murder. Jones was involved in a Jan. 15 accident when he caused a six-car collision in the 28600 block of Tomball Parkway. The accident claimed the life of Rita Gervais, an 80-year-old resident of Tomball.

According to Tomball Police, Jones fled the scene of the accident and was found hiding in a nearby pasture. As a habitual DWI offender, Jones was charged with causing the death of Gervais while committing the felony offense of driving while intoxicated. Jones is a three-time DWI offender.

According to the department, on the night of the accident, Tomball Police called upon their team of Advanced Accident Investigators to investigate the accident. “In an investigation of this nature, it is important that ‘Subject Matter Experts’ are called upon to thoroughly and professionally perform each step in such a vital investigation,” Sgt. Rick Grassi said.

The team was led by officer Bryan Hill who gathered evidence and coordinated the team, which assisted him in the investigation. Officers Jason Smith and Rick Garza also assisted in the investigation by processing blood evidence in the defendant’s truck, including blood on the driver’s side airbag.

“Since Jones fled the scene, this evidence was critical in proving that he was the driver of the vehicle during the crash,” Grassi said.

Though not typically recognized in formal written form, the job performance of the Tomball officers was such to prompt the delivery of a written commendation by the Harris County District Attorney’s Office for their chain of custody on all blood evidence.

“Mandatory blood draws and chain of custody must be conducted in a specific manner, and there are often technical errors made by law enforcement that can render this vital evidence inadmissible. By their meticulous work, these officers collected blood evidence that allowed the prosecution to prove that the defendant was at a blood alcohol level nearly four times the legal limit at the time of the wreck,” said William Exley, Assistant District Attorney for Harris County.

According to the department, during the course of the investigation, officers exhausted all of their means to ensure a careful investigation. The investigators had the benefit of retrieving data from the data recorder, or “black box” contained in Jones’ vehicle. The Houston Police Department loaned Tomball a vehicle data retrieval instrument that captures vehicle operation factors just before impact. The crash data contained in the black box was admitted into evidence to help determine speed factors and responsiveness seconds prior to the accident, the department said.

Armed with significant evidence gathered by Tomball investigators, the Harris County District Attorney’s Office turned what could have been an impossible case into a case where the defense counsel was required to concede his client’s guilt to the jury, the department said. Jones received a 38-year prison sentence.

“The Tomball Police Department conducted an outstanding investigation of a complex crime scene,” Exley said. “All of the officers involved performed admirably. The case would have been virtually impossible to prove but for the extraordinary efforts of Officers Bryan Hill, Rick Garza, and Jason Smith.”

City approves assessment ordinance for Magnolia Ridge

By Cari Herr
Tribune Staff

The Magnolia City Council unanimously accepted the tax levying assessment to cover the cost of improvements to be provided in the Magnolia Ridge Local Government Corporation (MRLGC) Public Improvement District (PID) at a brief special meeting on Oct. 23. City Ordinance No. 2006-098 approves the PID assessment at $0.85 cents per $100 of property valuation over 25 years or upon retirement of the bond. Additionally, the PID provides for fixed charges and liens against property and owners in the district, an effective date and the collection of assessment fees.

Susan Montoya (left) of Parmet, Chapman & Madsen, a representative of the Certified Public Accountant for the Magnolia Ridge Local Government Corporation (MRLGC), Parke Patterson (center) of Parke Patterson Consultants, Inc., the Public Improvement District (PID) administrator, and Cedric Smith (right), a MRLGC board member discuss the progress of the development at a MRLGC meeting held at the Magnolia City Hall Oct. 10.

The action followed an Oct. 10 public hearing, which was held at the onset of the regular Magnolia City Council meeting to hear public comments regarding the PID for Magnolia Ridge. Mayor Jimmy Thornton closed the hearing without comment by residents.

In addition to a construction and financial update offered to board members, Parke Patterson of Parke Patterson Consultants, Inc., the administrator of the MRLGC PID, recommended Neal Rackleff of Locke, Liddell and Sapp as legal council and future bond council to the MRLGC board members, as promised at the July 24 meeting of the MRLGC.

Rackleff spoke to the council pledging “to work with the city and maintain the values you hold dear.”

A motion was unanimously passed by the MRLGC board members to accept Patterson’s recommendation of Rackleff as attorney for the PID, pending contract negotiations with Locke, Liddell and Sapp for a standard rate reduction from $350 per hour down to $250 per hour, as requested by Thornton.

Mike Gibb of New York represented Mag-Tex L.P., an interest holder in the development, at the meeting. He gave a brief financial report to board members saying developers had $3.5 million in equity and $4.5 million in banking assets invested in Magnolia Ridge. He said developers were planning to extend banking credit lines from $4.5 million to $13 million to allow for more equity in the project.

David Broussard, an engineering consultant for Aslan Development Company, provided members with a construction update.

“We have several areas of concentration once the engineering approvals return from the developer,” said Broussard. The completion of engineering designs for sections one through six, two damns, and two thoroughfares, as well as the commercial hospital pad site, are a priority for developers, he said.

Broussard recommended a change to the main access road in the development plan. Although a four-lane boulevard runs past the hospital, the two-lane section of road may not suffice 20 years from now, he said. Developers are proposing a 60-foot right-of-way (ROW) with 20-foot reserves on either side for a total of 100-feet of ROW and a boulevard for future expansion.

Design reviews by TCEQ in Austin for the two dams will address the wetlands, soils and structural designs of the dams. The process takes nine to 12 months, Broussard said.

However, developers will not construct the dams at full height, but will begin initial construction at no higher than six feet in the ravine to provide a truncated dam to allow for continuation of construction. As the two damn designs and drainage reports are separate items not tied together, they will not affect construction start times, he said.

“When the approval comes back (from TCEQ), we will resume construction on the dams to allow for trapping of water to fill the lake. This allows us to not be at odds with TCEQ requirements,” said Broussard.

Moving to the PID assessment, Patterson said the assessment plan, roll and rate had been forwarded to city council for review and a public hearing was scheduled for the next city council meeting to be held directly following the MRLGC meeting.

“We must finish the construction plans, get them bid and start the construction on phase one only, which is roughly 309 lots. Sections one through six include commercial reserves. Section seven is detention only for which there will not be any assessment, but it’s in the roll,” he said.

Councilman Rick Carby clarified that the debt service and assessment up for approval was for phase one only. The city took out revenue bonds for a new water distribution system and towers to serve the city and its extra-territorial jurisdiction, including Magnolia Ridge, said Carby. “We’re looking forward to that money.”

“In approving this (assessment) plan you are in no way approving a plat, land planning, engineering or decrease or increase in fees. The developers pay what the regulations call for,” said Patterson.

Carby made a motion to accept the PID assessment plan, roll and rate, which was unanimously approved by the MRLGC board.

The next meeting of the MRLGC is scheduled for Nov. 14 at 4 p.m. said Patterson.

13-year-old nearing bowling perfection

By Brian Walzel
Tribune Staff

Thirteen-year-old bowling phenom and Tomball resident Kyle Chandler expects his first 300 game to come in the next month or so.

Thirteen-year-old Kyle Chandler is among the best bowlers in the state. He is currently ranked No. 2 in Texas among bowlers in his division.

A perfect game is the logical next step for Chandler, who is quickly ascending the ranks as one of the best young bowlers in the state, if not the country.

Chandler, an eighth grader at Willow Wood Junior High, bowls at AMF in The Woodlands where he works on his game about three times a week, he said. His father, Beau Chandler, participates in leagues there as well.

At a recent tournament in San Antonio, Chandler notched a scratch 299 game. What’s perhaps even more astounding is that he’s only been bowling for about two years.

He began bowling “just for fun” as he put it, but soon wanted to learn the techniques of the more polished players.

“One night I saw this guy who was really good, he could put spin on the ball, and I didn’t know how to do that. I knew I wanted to be able to do that one day.”

Whenever he mastered the technique, Chandler knew he had found his calling.

“I knew this is what I want to do,” he said.

Chandler’s ability didn’t come to him instantly. His game has evolved over the course of two years and countless hours of practice into a nearly perfect game.

“It took time,” he said. “It took about a year to do everything I wanted to do.”

However, Chandler didn’t stop there.

“Then I started watching the PBA (Pro Bowler’s Association) and thought ‘I want to learn how to do that, too,’” he added.

Now Chandler does it so well, he’s knocking off the pros he watched on television. What is their reaction to getting beat by an eighth grade bowling prodigy? “Man, he’s good,” Chandler jokes. “They don’t expect that from someone my age.” Chandler said he is handling the sudden recognition and attention he is receiving well. “I like it, I like the attention,” he said. “But I just want to do my best.”

Chandler is set to be featured in an upcoming issue of Sports Illustrated. “Yeah, I have accomplished a lot, but there is still a lot I have to learn,” he said. “I’ve only been doing this for two years.”

Chandler calls off his bowling to-do list, learning oil and swing patterns, ball spin and rotation, like his Christmas list rather than a tedious homework assignment.

At a recent national tournament in Fort Lauderdale, Fla., Chandler competed against some of the best youth bowlers in the country. He is now the No. 2 ranked bowler in the state.

Results in for petition validation, May ballot holds new item

By Cari Herr
Tribune News

According to the Montgomery County Registrar’s office the City of Magnolia now boasts 736 registered voters, following the deadline of Oct. 10 for those who wished to register for the Nov. 7 election. In the last election held in May, only 104 voters participated in the Mayoral election. That’s a mere 7 percent voter participation. Historically, voting trends have shown the larger public voice often bends to the smaller voice of impassioned voters at the polls.

With that in mind, City Secretary LuAnn Drake has validated recent petitions filed on Oct. 10 with 25 qualified signatures calling for a “Vote of No Confidence” and 34 qualified signatures calling for a return to a mayor-council form of government.

According to Texas Local Government Codes (LGC), the petitions are valid. Chapter 25.071 (b) of the Texas LGC reads: A petition requesting the mayor of the municipality to order a special election to abandon the city manager form of government must be filed with the clerk of the municipality and signed by a number of qualified voters equal to at least 20 percent of the total number of qualified voters who voted for mayor at the most recent municipal election at which the office of mayor was to be filled.

That’s important information for Drake who said, “It’s enough to place it on the ballot for the May election.” Twenty percent of the 104 participating registered voters in the mayoral election last May puts the petition calling to abolish the City Manager’s position over the edge for the ballot.

On Oct. 20 Mayor Jimmy Thornton signed a proclamation to place the item on the May 2007 election ballot, ordering an election for May 12, 2007, which will include city council positions currently held by Chris Neal, Rick Carby, and Todd Kana.

The registration deadline for the May election is April 12, 2007.

Waller County Ag Day a success for fourth graders

By Cari Herr
Tribune Staff

Waller ISD fourth graders at Holloman, Jones, Roberts Road and Fields Store elementary schools, along with fourth grade students in other Waller County school districts attended a countywide Ag Day on Oct. 25 at the Waller County Fairgrounds.

Game Warden Kevin Glass of the Texas Parks and Wildlife speaks to Waller ISD fourth graders at the Waller County Farm Bureau Ag Day held on Oct. 25 at the fairgrounds in Hempstead.

Students attended a dozen workshops in rotation and learned about gaming regulations, agriculture, farming and ranching, as well as various breeds of livestock, tools and equipment used by farmers, ranchers and cowboys.

Collaborated efforts to sponsor the event were provided by Waller County Farm Bureau, Texas A&M (TAMU) Waller County Office of Texas Cooperative Extension (TCE) and Prairie View A&M (PVAMU) Cooperative Extension Program (CPE) to better educate students in country living.

The PVAMU Rodeo Team sponsored a horse clinic where students used a lasso and other cowboy tools. Integrated Farm Project Specialist Hugh Soape of PVAMU, who is responsible for research, teaching and community outreach, sponsored a swine clinic. Family and Consumer Science agents Lynna Wright of TCE and Seranda Coleman of CEP, educated students on basic nutrition and how crops are separated into various food groups.

Texas Parks and Wildlife provided a regional display trailer as part of Operation Game Thief, which displays samples of poached game confiscated across a 12-county area. “If the animal is taken illegally, all parts and pieces thereof are illegal to possess,” said Game Warden Kevin Glass.

The most popular station in the rotation for students appeared to be Farm Bureau member Leon Hatterman’s fowl clinic, where students learned about the chicken and the egg and were presented with an opportunity to identify various breeds. Hatterman offered students a chance to hold, pet or touch baby chicks at the close of his presentation.

“Ag in the classroom is a new approach to educate our kids on our natural resources. Some kids don’t even know where milk comes from,” said Dee Abrams of TCE.

Volunteers facilitate many of the programs offered, Abrams said. “Dedicated and loyal volunteers like Velma Toler help us with extension projects,” she said. Volunteers receive no payment for the hours they spend organizing, promoting and working at TCE events, she said.

“The smiles on the children’s face is all the pay I need,” said Toler.

Contact Jody Dennison at the Waller County Extension Office at 979-826-765, or Jessica Collard at the Texas Farm Bureau at 936-419-9648 for more information on sponsored community services and events.

Area schools take part in annual drug awareness program

By Brian Walzel
Tribune Staff

What began as the brutal murder of an undercover DEA agent more than 20 years ago has evolved into the most far-reaching drug prevention program in America. The Tomball Independent School District took part last week in the annual Red Ribbon Week with programs and activities to help educate children about the dangers of drug and alcohol use.

Pictured, Harris County Constable Greg Thompson handles Ricco, of the office’s canine task force.

Red Ribbon Week was established after the death of Enrique “Kiki” Camarena in 1985. Working an undercover investigation for the DEA in Mexico, Camarena was captured by five men on his way to meet his wife for lunch. One month later, the body of the 37-year-old Camarena was found in shallow grave.

According to the Texas Department of State Health Services (TDSHS), in honor of Camarena’s memory and his battle against illegal drugs, friends and neighbors began to wear red badges of satin. Anti-drug coalitions soon formed and the red ribbon became a symbol of Camarena’s fight against narcotics.

The National Family Partnership organized the first Nationwide Red Ribbon Campaign in 1988. Since that time, the campaign has reached millions of U.S. children, according to the TDSHS. The DEA now claims Red Ribbon Week “is the most far reaching and well-known drug prevention event in America.” The National Family Partnership estimates nearly 80 million Americans participate in Red Ribbon Week.

Last week at Willow Creek Elementary, students got to see first hand the techniques police officers use in the battle against drug use. Harris County Pct. 5 Constables brought along Ricco, a 6-year-old German Sheppard specially trained to find narcotics and capture criminals. Sgt. Ronald Glaze and his staff demonstrated how Ricco detects narcotics and attacks fleeing criminals. Glaze said the time to teach kids about the dangers of drug use is now, while they are young. “These kids are so impressionable,” he said. “They need to be educated right now.”

The demonstration at Willow Creek was just one of several programs throughout the district aimed at educating students about the dangers of drugs.

According to the 2004 Texas School Survey of Substance Abuse, the nation’s largest survey of its kind, illicit drug use among secondary level students is in a decline. The percentage of seventh through 12th grade students who reported using illicit drugs decreased from 34 percent in 2002 to 32 percent in 2004. According to the report, alcohol is the most widely abused substance among Texas students. The study claimed that 68 percent of students polled reported using alcohol at some point in their lives, with 23 percent reporting binge drinking.

Magnolia author tells a hen’s tale

By Cari Herr
Tribune Staff

The antics, escapades, and narrow escapes of Igor and “The Man” encountered in Richard Franco’s new book, “Igor: The memoir of a Little Red Hen as clucked to Richard Franco,” is both heart warming and endearing.

Richard Franco author of Igor: The memoir of a Little Red Hen as clucked to Richard Franco is holding Igor, the star of his self-published book about, the story of a hen with an attitude.

“This is the life and times of a hen with an attitude,” said Franco.

Franco is a semi-retired civilian Air Force employee of 16 years. His assignments included work on the space shuttle program, space station and Titan programs. Franco has also worked for the Texas Department of Criminal Justice and currently works in an Internet call center. He and his wife, Dee, have lived in Magnolia since 2002, where they care for rescued and retired animals.

Franco and his wife are diligent animal lovers. They have rescued horses, goats, and dogs over the years. However, none have touched their hearts as much as Igor the hen who was injured at a young age and was rescued by the family from attacks by other hens.

In Franco’s book, the hen tells her story from hatchling to adult hen and how she came to be with “The Man” and “The Woman.” This brave, courageous Red Production hen tells a story, which delights the reader from the hen’s perspective. This self-assured hen, though skeptical at first, eventually does learn something of the love and devotion of her family.

“As though something without feathers could teach us anything!” said the hen in the book.

Franco vocalizes the feelings and thoughts pets appear to be having through their facial expressions and actions, bringing Igor to life in a very believable and human way. Color photographs of the real Igor interacting with her family accompany Franco's story.

As Igor grows from chick, to hen, to beloved family pet, she is attacked, cosseted and coveted until a ripe age of 8 years old. Growing blind with age, Igor passes, but can be found waiting for “The Man” on the “rainbow bridge.”

For more information or to obtain a copy of the book log on at www.authorhouse.com.