Magnolia Police Chief Cunningham, Capt. Smith indicted by grand jury

Two officers placed on administrative leave by city

By Brian Walzel
Editor

A Montgomery County Grand Jury handed down indictments March 4 for Magnolia Police Chief Ron Cunningham and Capt. Mike Smith after they were alleged to have ordered the unlawful arrests of one current and one former city councilman.

Cunningham and Smith have been charged with official oppression, a class C misdemeanor by the grand jury.

Shortly after the indictment was announced, both Cunningham and Smith were placed on administrative leave by Mayor Jimmy Thornton. City Marshal Jeri Carpenter was named interim police chief according to state statutes. The council will discuss the status of Cunningham’s and Smith’s employment with the city at a March 11 meeting.

“I don’t understand,” Thornton said. “We heard all the evidence in the executive sessions. And we heard everything from the TML (Texas Municipal League) lawyers. And I do not understand what they heard different from what we heard.”

The investigation by the Montgomery County District Attorney’s Office began in June of 2007 when Cpl. Mike Alexander issued a letter to the DA’s office claiming that Cunningham and Smith ordered officers to arrest former council member Richard Anderson and current councilman Sammie Scott without cause.

Both Smith and Cunningham denied ever giving the orders and claimed that Alexander’s allegations were unfounded and untrue.

The following month, Alexander was terminated for allegedly trying to install a tracking program on Cunningham’s computer. Cunningham claimed he was following departmental procedure in firing Alexander. However, Alexander claimed his firing was in retaliation for him turning in the letter to the DA’s office. Shortly after, the city council voted to reinstate Alexander and place him on paid administrative leave. For the next several months, the city, Cunningham and Alexander’s attorney Sheila Haley battled back and forth in attempts to negotiate a settlement between the city and Alexander, to no avail.

Haley said the indictments justify the claims her client has been making. “I felt his complaints were justified all along,” she said. “If someone who has a gun and a badge uses that authority to intimidate citizens, that’s a crime.”

Haley says it’s too early to tell if Alexander plans to return to the department for regular employment. “It depends on the circumstances with the people indicted,” she said. “I would suspect he’d be unsure about his safety. He’s been treated like the criminal here, not the two that were indicted.”

Phone calls to Cunningham and Smith’s lawyer, Richard Cobb, went unreturned as of press time last week.

Johnny Rollins cooked barbecue near the Malcolm Purvis Library during the March 4 primary election. Rollins was part of a group supporting the candidacy of Constable David Hill. Hill ran unopposed and retained his seat. Photo by Brian Walzel

Fletcher defeats Van Arsdale in Dist. 130 race

Much of Harris County races to be decided in November

By Brian Walzel
Editor

Once the dust settled on the Dist. 130 State House of Representatives race between Allen Fletcher and incumbent Corbin Van Arsdale, less than 800 votes separated the two.

Allen Fletcher

Fletcher unseated Van Arsdale, winning 52 percent of the vote in District 130, compared to Van Arsdale’s 47 percent. Fletcher tallied 9,233 total votes to Van Arsdale’s 8,443, a difference of just 790.

Van Arsdale was originally elected to the House in 2002, his term will end at six years. This year marked Fletcher’s first foray into the political arena. Van Arsdale ran on a ticket of battling illegal immigration in Texas, cutting government spending and easing property taxes. Fletcher also ran on a campaign of fighting illegal immigration and has also targeted appraisal caps, property taxes and increased college tuition.

In other Harris County election results, Kelly Siegler (41 percent) will take part in a run-off for Harris County District Attorney along with Pat Lykos (31 percent). Jim Leitner (16 percent) and Doug Perry (10 percent) fell short of the two front runners. In the County Judge race, Ed Emmett held off a challenge by Charles Bacarisse to win the Republican nomination and will face the Democrat winner David Mincberg in the November general election. Mincberg defeated Ahmad Hassan in the Democratic primary race. Tommy Thomas (73 percent) won the Republican nomination for the Harris County Sheriff race, defeating Paul Day (17 percent) and Michael Plagens (9 percent). The Democratic nominee is Adrian Garcia (58 percent), who held off Guy Robert Clark (23 percent) and Charles Massey El (17 percent). Harris County Pct. 4 Constable Ron Hickman easily retained his seat by garnering 58 percent of the vote over Louis Guthrie (33 percent) and Lindsay Siriko (7 percent). The only primary race the Democrats won outright was the position of Harris County Tax Assessor-Collector. With no Republican running, Diane Trautman (68 percent) defeated John T. Webb (31 percent) to win the nomination and the election.

Superintendent John Neubauer (back center) and Board of Trustee President Mark Lewandowski (back right) look on as Tomball High School students Jessie Hutt (far right) and Katie Pogue (left) were congratulated by Board of Trustee Member Sam Gregson (far left) for receiving Gold Key awards for poetry collections they wrote in their Language Arts class. Earning a Gold Key means their work received the highest honor at the regional level, and their writing will go onto a national competition in New York. Hutt also received recognition as an American Voices Award Winner.
Submitted Photo

Magnolia city planners considering fall music festival

By John Urrey
Contributing Writer

Magnolia city organizers met Feb. 28 to discuss plans for a proposed Magnolia Music Festival. The meeting took place in the Magnolia Independent School District Celeste Graves Administration Building, where about 25 gathered.

Magnolia Mayor Jimmy Thornton was in attendance, along with representatives from Magnolia’s 4A and 4B Corps., the Magnolia Area Chamber of Commerce, City Council and other groups. Mike Karm of 4B and Magnolia City Administrator Ryan Kelly spoke about the scope of the project. “It has to be a community event,” said Kelly, who, along with Karm called for volunteers for the festival.

Organizers are also hoping for cooperation from the school district, church groups, businesses and other community groups. The festival will take place near the end of September to avoid the summer heat and conflict with the Texas Renaissance Festival in October. September also marks Magnolia’s 40th year as an incorporated city.

The group discussed ideas such as a barbecue cook-off, fiddler’s contest, business expo and live music. Several people believed that multiple genres of music should be featured to attract a larger crowd. It is also possible that the cook-off may be certified by the International Barbecue Cookers Association, which may help draw more contestants. Regarding the business expo, Thornton said vendors are already calling with questions.

The group sought a unique aspect of Magnolia to be the theme of the festival. Love bugs were suggested since they swarm the region in September, but no decision was made. Following that theme, “Let the music bug bite you,” was discussed as a possible slogan, but organizers are open to suggestions from the public on this and other issues.

Discussion of possible locations for the festival centered around a 7-acre area on Buddy Riley Blvd., formerly known as Amato’s Park, although Kelly said more space may be needed and that the group should consider other sites, as well.

Karm said he hopes to attract some top musical acts from Austin and added that the festival may generate sales tax revenue for the city. Organizers are hoping for a first year attendance of at least 5,000 people.

Discussion in the latter half of the meeting centered on the need for volunteers. “We need big community involvement beginning now,” said Thornton. Karm voiced a similar concern. “We want suggestions from the public on everything about this. This is the community’s project.”

Volunteers or people with questions may call Kelly or Debra Brent at Magnolia City Hall, but Kelly pointed out that at this early stage it may be difficult to answer questions since many of the issues will have to be settled by committees. Those committees are still in the process of forming. E-mail may be directed to Dbrent@cityofmagnolia.com.

The next festival meeting is tentatively scheduled for March 13 at 6:30 p.m. at the Magnolia Community Center. The meeting will be open to the public.

From the Book of Clifford

By Clifford Parker
Contributing Writer

Let me start out this story with this statement. KIDS, DON’T EVER TRY THIS AT HOME BECAUSE YOU CAN GET BUSTED, especially since I am telling these tricks to your mom.

I guess I need to apologize to all the young guys between 5 and 14-years-old ahead of time. I’m sorry because I am about to educate your mom. I also need to apologize to my own mom. I am not admitting I ever tried any of these ideas, but I am also not saying that I didn’t! Now keep in mind that I am in my mid 50s and there are still things in my life that I have not confessed to my mom.

I have been feeling ill the past few days. Sore throat and muscle ache, but it has never been enough to keep me from work. I have had a couple of days of hardly being able to talk, but with a great staff and e-mail I have made it through okay. I am beginning to believe that God is sending me little reminders for some of my childhood shenanigans and He keeps reminding me that I need to confess. With that said, I am providing a Mothers Handbook for REALLY Checking Fever on Your Young Boys.

Fever is normally a sure sign of sickness. If you have fever you can pretty much count on being able to get a day out of school. Fever, however, is pretty easy to fake unless your mom is really a sharp woman. Now most moms are real sharp, but they do have lapses of memory. Sometimes they cannot bring themselves to believe that “my little baby wouldn’t do something like that!”

Rule One. When checking fever of your child on the forehead, place your hand to determine if the forehead is damp. Also check the side of the bed, under the bed, under the mattress or pillow and all drawers for damp wash rags. A warm wash rag on the forehead can help along the sign of fever. The dampness, however, is a dead ringer for a fake.

Rule Two. Never leave the child alone with a fever thermometer. Friction is your friend if you need an instant fever. Rubbing the thermometer on the pillow case or sheet, or even on the leg or arm is a great way to bring on fever. This can very quickly backfire, though. If you don’t know how to shake the thermometer down, you may wind up with a fever of 110 or 120 and, of course, this can bring disaster to the back side.

Rule Three. Never, ever leave the room if there is a burning candle, electric lamp or even ceiling lights on in the room. These items give off enough heat to raise the temperature of a fever thermometer; however, the same shake down rule applies as on number two. Rule Four. Do not test fever in the kitchen. Warming the forehead over the toaster oven brings on immediate symptoms of fever. Electric ovens and stove tops also do the same thing. Gas stoves can pose a problem for those needing instant fever. If you smell burning hair, check the eyelashes and front of the head for singed hair follicles. The smell is also a dead giveaway.

Rule Five. Never leave a child in the room alone. Running in place can cause fever and can actually bring on a temperature of over 100 degrees. This is a safe and effective way to increase your fever without the hazards associated with Rule Four.

Rule Six. Do not allow siblings in the room with the feverish child. Siblings have the ability to blackmail each other. In addition, siblings offer the ability for your supposedly sick child to provide truthful statements to you. If you suspect manipulation of the thermometer you may say to the child, “Did you rub this fever thermometer on the pillow case real fast?” and they can say, “No, Mother, I did not do this,” and this can be a true statement. They just failed to admit the sibling did it for them!

There are many more rules to share with you, but for right now, these will do. If you are a new mother or soon-to-be mother, never fear. There is hope. Mothers with experience have already been there and done that. I’m just glad I didn’t grow up with those new fangled digital thermometers! I guess someone will invent a new computer program to download instant fevers.

Note: One of my in-house editors who I think I may be named Brenda admitted to me that she held the thermometer over the family wood burning stove and it broke in her hand! I could never believe a girl would actually try something like this and I cannot relate to a wood burning stove. I’m just not that old…ohhh…I’m in trouble now!

-- Clifford

Cobble Creek benefit organizers blame city for event’s cancellation

City claims lack of communication

By Brian Walzel
Editor

A proposed benefit for victims of a Feb. 25 apartment fire in Tomball never got off the ground after organizers claimed the Tomball Fire Department refused permit applications.

A benefit for residents of Cobble Creek Apartments was scheduled for March 2 at Gary’s Spot on FM 2920 in Tomball. The apartment complex on Lawrence Street caught fire in the early morning hours of Feb. 25, destroying Building 2 and displacing more than 30 people.

However, the benefit never happened and residents and planners are claiming that a personal vendetta between Tomball Fire Marshal Steve Chapman and bar owner Gary Crawford got in the way. City of Tomball officials are saying a lack of communication was to blame for the event’s cancellation. Chapman declined to comment on this story.

At a March 3 Tomball City Council meeting, many of those involved in the benefit stood before the council and voiced their disproval over how the matter was handled. “A lot of people are upset, and rightfully so,” said George Georgulas, one the planners of the benefit. “These people need our help.” Juanita Walker said once word of the fire spread, members of the community reacted quickly to put the event together. “I’ve never seen a benefit come together so quickly,” she said. “Most of these differences are personal.” Crawford said the benefit was not his idea and he had no official involvement in the event. “Contrary to public opinion, this was not my event,” he said.

But City Manager Jan Belcher claims that on Feb. 28 while Chapman was investigating the fire, he was informed by the Cobble Creek property manager that Crawford was planning an event for the victims of the fire.

Later that day, Belcher reported, Chapman and Fire Inspector Doug Sanguedolce drove to Gary’s Spot and spoke with Crawford about the planned benefit. “The Fire Marshal reminded him about how the process works to conduct a special event outside and that the appropriate permits, fees, inspections and information needed prior to a permit being issued for an event to take place,” Belcher said.

She also said Crawford told Chapman that he would fill out all the paperwork prior to the event. The following day, Chapman spoke with a man, Bryon, “representing Gary’s Spot” who was asking for a permit to be issued. Chapman told him that he had already given the paperwork to Crawford. According to Belcher, “(Chapman) told him that he had to have the food vendors register with the city, insurance information, site plan, copy of letter of agreement with the property manager allowing him to use the parking lot space, along with appropriate fees.” The man did not have any of the information, so the permit was not issued for an outdoor event, Belcher added.

“(Bryon) was informed that the event could still be held indoors,” she said. “City employees were not contacted after 4:45 p.m. on Friday by any of the event organizers to help make the event a success.”

By the following Monday, the Tomball Fire Department began receiving phone calls with people upset that the event had been cancelled. Mayor Gretchen Fagan and Belcher met with Crawford later that day “to discuss the breakdown in communication and we both offered to do whatever we can to help the organizers with the permit so they could plan the event for a future date,” Belcher said. “Mr. Crawford declined our offer and said he was not the event organizer and would not be willing to try to do the event again.”

Many donations had already been received at Gary’s Spot for the benefit. Bubba’s Beds of Tomball donated 37 mattresses. At press time last week, Belcher said another benefit was in the works, but the date, time and location had yet to be determined.

The Greater Tomball Area Chamber of Commerce will hold its 30th Annual Golf Classic March 27 at Lake Windcrest Golf Club. The event is a fundraiser for the Chamber. Pictured, members of the Chamber’s Golf Tournament Committee (from left to right), Shana Roper, Abbey Nelson, Paula Hickman, Eric Tanner and Craig Bogner; seated is Clay Bohannon. Submitted Photo

Tribune named official newspaper of the City of Tomball

The Tomball Magnolia Tribune was approved by the Tomball City Council on March 3 as the official newspaper of the City of Tomball. With the approval, the Tribune now is the official newspaper of both the City of Magnolia and the City of Tomball. Not only does the Tribune provide award-winning coverage of both the Magnolia and Tomball communities, but it also features the official notices of both city’s administrations, such as legal and public notices. Those include announcements of proposed ordinances to be voted on by the council members as well as meeting dates for the respective city councils and city corporations. Whether you live in Tomball or Magnolia, the Tribune is proud to be your official city newspaper.

The Magnolia Education Foundation (MEF) held its first fundraiser, “Casino Royale,” March 1 at the Magnolia Community Center. The event featured casino games such as blackjack, roulette, craps, and poker. According to MEF’s Nicole Grissom, more than $30,000 was raised for teacher grants for the 2008-09 school year. Pictured, a table of guests play Texas Hold ’Em. Photo by Brian Walzel

February warrant round-up nets three arrests for sexual assault

By Brian Walzel
Editor

The Montgomery County Pct. 5 Constable’s Office joined forces with 160 other law enforcement agencies throughout Texas to take part in the Great Texas Warrant Round-Up during the month of February.

In their portion of the program, the Constable’s Office made 13 arrests, four of which were for outstanding felony warrants.

According to Pct. 5 Lt. Chris Jones, the remaining nine arrests were for general traffic warrants, hot checks and other misdemeanor arrests. Of the felony arrests, Steven Edward Humphrey, 18, was found to have two outstanding warrants for aggravated sexual assault of a child. Other felony arrests included Thomas Packer, 45, of California for sexual assault of a child and Jeremy Branum, 28, of Odessa for aggravated sexual assault of a child.

The Constable’s Office also collected more than $14,000 in restitution for local businesses after arrests for hot checks. Part of the operation also included the arrests of four men who owed a combined $39,707 in back child support.

Shattered Lives program returns to Tomball High School

Shattered Lives of Tomball, in conjunction with school officials, will be presenting the program to juniors and seniors at Tomball High School on March 12 and 13. The program begins Wednesday morning as students become familiar with the tragedy of losing one of their own every 15 minutes. A mock crash scene will give each of the students and their parents the opportunity to witness first hand the horror of drunk driving. They will watch as first responders deal with the injuries, grim deaths, and destruction of property. The participating students will experience the stress and aloneness that comes from decisions and behavior as they stay overnight at a retreat locked away from the rest of the world. The program ends Thursday during an assembly where the students watch as the families and the community cope with the results of this life-changing event.

Shattered Lives of Tomball developed their program from Montgomery County’s example. The program is intended to teach high school juniors and seniors the consequences of making bad decisions. This true-to-life program is aimed at helping students make better life decisions and choices, especially when peer pressure is involved. The program has been geared toward drinking and driving, but also teaches that all decisions and actions have consequences.

The program is supported and choreographed with the help of all emergency responders in the community: police, fire, EMS, PHI Air Medical, hospitals, funeral homes, judges, school officials, counselors, and volunteers.

However, donations are needed in order to be able to present the program to the students. The program is entirely coordinated by volunteers from the community. This is the third program of its kind in Tomball, and the second one for Tomball High School.

For more information or to make a donation on-line, visit www.shatteredlives-tomball.org. Checks can be made payable to Shattered Lives and mailed to Shattered Lives of Tomball, Inc. c/o Sgt. Rebecca Carlisle, 400 Fannin St., Tomball, TX 77375.

Tomball Fire Marshal investigating another possible arson case

On March 3 the Tomball Fire Marshal’s Office received a call about a vacant structure, located at 409 East Main in Tomball that had been set on fire.

This building on East Main in Tomball was set afire. The fire burned itself out.

The fire burned itself out due to limited contents inside the structure. The property was for rent and the fire was discovered while a real estate agent was showing the property. The actual day that the fire occurred is unknown by investigators but is believed to have been during the last week of February or first weekend of March.

Arson investigators are investigating some leads and evidence is being processed for analysis. At this time there are no suspects.

An arson reward has been posted for any information that may lead to the arrest and conviction of the responsible party. Contact the Tomball Fire Marshal’s Office at 281-351-5451 or Crime Stoppers 713-222-TIPS to report any information about this fire.

Bear Branch Junior High was awarded second place in the U.I.L. One-Act Play contest recently held at Montgomery High School. Seven area junior high schools competed. The 19-member group of eighth graders performed, "Love is a Hot Fudge Sundae," by Stephen Hotchner and was directed by Kathrina Martin, a first-year theater arts teacher for Magnolia ISD. Pictured, members of the Bear Branch Junior High cast of the play.
Submitted Photo

MYLS gives students second chance to sell livestock

Plans are now underway for the 2008 Magnolia Youth Livestock Show (MYLS), set for April 12. Area students will soon be out selling raffle tickets, asking for advertisers in the program, and seeking businesses and leaders to purchase animals at the auction.

This is a second chance show for many Magnolia Independent School District students who show at the Montgomery County Fair.

The MYLS is for the students who show at (the county fair), yet whose animal does not sell at the auction. “These students put hundreds of dollars and hours into their animals and face a hard decision at the end of each year,” organizers said. “What to do now?”

Four years ago the organizers of the MYLS decided to do something to help them out. Each spring, two weeks after the Montgomery County Fair, they hold the Magnolia Youth Livestock Show, which allows students to sell their animals for approximately what it cost to purchase and raise, thus allowing them to have the funds to participate in raising livestock again the following year.

This year’s show has opened the silent auction to students who show in the non-livestock divisions. Students who participate in the horticulture, fine arts, photography, handicrafts, and photography divisions can enter items to sell in the silent auction and recoup some of their investment, as well.

“We have many young artists in our community that could benefit from the support of local businesses and leaders,” the MYLS stated. “These students put many hours into creating their piece of art. Once they show it at (the county fair), what can they do with it except hang it on the wall at home? For some students the walls are full! Let’s share that art in the community to show our support for them. Looking at some of the entries in the Fair each year, you can see that it is good enough to hang on the walls our local businesses, churches, and in your home as well.”

Any Magnolia ISD area student either public, private, or home schooled who enters an animal or non-livestock item in the Montgomery County Fair and does not make the auction sale for their project is eligible.

Organizers said the show allows area students to continue participating in worthwhile projects that teach lifelong skills. “Those who raise animals and make nothing at the county fair can become discouraged, or not have the financial ability to participate next year,” the MYLS stated. “This show allows them that opportunity, to not only grow in their skills, but also to participate in the community they live in.”

The MYLS will return all of the money to the participants once the expenses of the show are paid. Portions of each student’s ad sales and raffle ticket sales are also returned to them. The rest is used to fund scholarships for students. In just its first three years, the MYLS has been able to give away approximately $17,000 in scholarship money to local seniors.

For more information, contact Bruce Jones at 832-283-3233 or Lauren Twining at twiningacres@yahoo.com.

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