Crime Time

Pregnant Graham girl, 20, missing since December

GRAHAM — Authorities say they have no evidence to indicate foul play in the case of a missing young pregnant woman, but are asking the public’s help in locating her.

Candice Shields, 20, was last seen Dec. 10 at her grandparents’ home in Graham, Lt. James Reeves of the Graham Police Department said Friday.

Her family reported her missing on Dec. 15.

"We have no indication that her disappearance was anything other than voluntary," Reeves said.

Family members told investigators that Shields was three months pregnant at the time of her disappearance.

Reeves said Shields had no known mode of transportation.

Shields’ parents have distributed hundreds of fliers in the hopes of generating tips. Reeves said they have received numerous reports of her whereabouts, but have not been able to substantiate any of them.

Police have described Shields as 5 feet 3 and weighing approximately 130 pounds.

Anyone with information is asked to call the police department at 940-549-1212. – Marty Sabota

Arlington public safety hockey game on Saturday to benefit Batten disease sufferer

ARLINGTON — Proceeds from the Ninth Annual Gun’s N’ Hoses Hockey Benefit at 7 p.m. Saturday
will benefit the Killinger family.

Arlington Police Lt. David Killinger died due to medical reasons in 2010 and not long after, his son was diagnosed with Juvenile Batten Disease.

Juvenile Batten Disease is a fatal neurological disorder that affects vision, speech and motor skills. Arlington police officers and firefighters, along with family and friends, will be on hand to celebrate Killinger’s life.

Killinger’s APD hockey jersey will be retired during the game’s intermission at the Euless Dr. Pepper StarCenter, 1400 South Pipeline Road. The game begins at 7 p.m. and admission is $5. — Mitch Mitchell

Hurst man warned police that it was unlawful to stop him for any traffic offense

James Michael Tesi warned any police officer who stopped him for any traffic offense that the officer's actions would be "unconstitutional and unlawful." Such a stop could result in Tesi taking the officer to an "appropriate" court. That document was found in Tesi's truck following his shootout with Colleyville warrant officer John Fossett on July 21. It was read to the jury by prosecutor Jim Hudson on the fourth day of Tesi's trial. He is charged with aggravated assault on a public servant.

The five-page, legal-sounding document says Tesi, as a free and sovereign citizen does not need anyone's permission to drive on the streets. He does not need a driver's license, license plates or insurance. If an officer requests those its of him, Tesi's affidavit states that officer would be "in ignorance of the law."

Tesi's attorney, Ronald Hudson, countered that the document merely stated Tesi's beliefs. "Has this country suspended our rights to believe what we want?" he asked. "We are free to state our opinion whether someone likes it or not."

Hurst crime scene investigator Officer Ryan Rider said on the stand that the document was seized as evidence since it "identified the individual involved" in the shootout. Rider was on the stand at Hardin's request. He was grilled this morning on whether or not he collected all the available evidence following the July shootout between Tesi and Fosset that resulted in Tesi being shot in the leg and face. Fossett was not injured.

Hardin, asked Rider why he did not take blood and bone samples from inside Tesi's Ford Ranger truck, why he did not remove bullets from inside Tesi's garage wall or even find all the bullet holes and why he did not lift fingerprints off Tesi's gun. "In this case, we don't have a complete preservation of all evidence from the scene, do we?" Hardin asked Rider. The officer replied "I believe we do."

"You don't have the physical evidence from behind the wall," Hardin said.

"The evidence is in the wall," Rider replied. He explained that he did not want to further damage the wall digging out the bullets that he already knew were .40-caliber rounds from Fossett's service weapon.

At one point, Hardin tried to introduce into evidence a boogey board that he said came from the garage and had a bullet hole. But prosecutor Jim Hudson objected after Rider said he could say for sure that board came from the garage. -- Steve Norder

 

Attorney: Hurst man was defending himself from police officer's attack during shooting

James Tesi of Hurst was defending himself from an attack by Colleyville Office John Fossett during last summer's shootout, so the judge should direct a verdict of not guilty in Tesi's trial for aggravated assault on a public official, Tesi's attorney said this morning. But Judge Everett Young denied the motion, made as prosecutors rested their case. Young said that the jury can hear the defense's case and determine if Tesi is guilty. The Hurst man, who has claimed to be a sovereign citizen not subject to U.S. laws, was driving on Precinct Line Road when Fossett spotted him and turned on lights in his squad car to signal Tesi to pull over. Fossett intended to arrest Tesi on outstanding traffic warrants. Instead, Tesi drove to his Hurst home, where the two men engaged in a shootout. Yesterday, jurors heard a tape where Tesi said he drove home because Fossett was trying to kidnap him, and that he wanted to die at home. - Steve Norder

Jury spends 45 minutes viewing surveillance video in capital murder trial

UPDATE 12:30 p.m.

The jury deliberating punishment in the Rockwell capital murder trial spent about 45 minutes reviewing and discussing the chilling surveillance video that captured the convenience store robbery that left two men dead.

Visiting Judge Elizabeth Berry ordered the courtroom cleared of participants except bailiffs so the jury could watch the video. The courtroom was reopened about about 12:15 p.m.

Jurors are deciding whether to hand a death sentence to Rockwell or give him life in prison without parole. The jury convicted Rockwell last week of capital murder in the shooting death of store clerk Daniel Rojas, 22. Mrs. Baird's deliveryman Jerry Burnett was also shot in the head during the robbery and died 10 days later.

-Dianna Hunt

UPDATE: 11 a.m.

The jury deliberating punishment in the Rockwell capital murder trial has asked to images from the surveillance video that captured the chilling robbery and fatal shootings.

The video is a key piece of evidence in Rockwell's trial - it shows three masked men, two with guns, burst into the Valero gas station and convenience store. The tape shows a left-handed gunman shooting Mrs. Baird's deliveryman Jerry Burnett and then later killing store clerk Daniel Rojas after marching him around the store gathering cash from a store freezer and two cash registers.

The request came about 10:45 a.m., about 3 hours after they began deliberating today.

-Dianna Hunt

FRIDAY MORNING

The jury resumed deliberations at 8:45 a.m. Friday in whether convicted killer Kwame Rockwell should receive the death penalty or life in prison for the shooting death of a convenience store clerk during a robbery.

Rockwell was convicted last week of capital murder in the death of Daniel Rojas, 22. Another man, Mrs. Baird's deliveryman Jerry Burnett, was also shot in the head during the robbery and died 10 days later.

Prosecutors Kevin Rousseau and Sean Colston are seeking the death penalty against Rockwell, telling jurors he is a "cold-blooded" killer who poses a menace to society.

Defense attorneys Mark Daniel and Tim Moore have asked the jury to hand Rockwell life in prison, saying he had not had a history of trouble with the law and could function quietly in prison life.

Key evidence against Rockwell was a surveillance videotape, which showed three masked men, two with guns, enter the Valero convenience store just after 6 a.m. on March 23, 2010. A left-handed gunman took just a few steps into the store before shooting Burnett. The gunmen then rousted Rojas from the store office and took him around the store at gunpoint while he collected cash from a bag in the store freezer and then from cash registers.

Rojas cooperated completely with the robbers, the video shows, but they shot him in the head as they turned to leave.

One of the masked men carried a gas can, and testimony indicated that the men intended to set the store on fire but couldn't get it started. Burnett was covered in gasoline when he arrived at the emergency room, medical personnel testified.

The jury deliberated 7 1/2 hours Thursday on punishment before being sent to a hotel for the evening.

-Dianna Hunt 

Another domestic violence killing, another devastated family

It’s a story that has become all too familiar in North Texas.

Dallas police have arrested a Sachse man after his estranged wife, her father and her mother were stabbed to death in their Far East Dallas home.

William Palmer, 50, and his wife  Donya Palmer, 47 had apparently separated about week before the murders. At about 6 a.m., Palmer confronted his wife outside her parents’ home, they argued and she fled inside, reports NBC5 in Dallas.

Donya Palmer was stabbed in the living room, the news station reported. His father-in-law and mother-in-law were killed after they heard the commotion and rushed into the room to help their daughter.

Donya Palmer’s sister was stabbed in the arm but hid with her 6-year-old daughter, reports say. William Palmer was arrested later in the morning after ordering a burrito breakfast. 

This case didn’t happen in Tarrant County. But others like it have. In December, I wrote a story quoting domestic violence experts about the disturbing trend in Tarrant County of domestic violence killings in which multiple people were slain.

The story reported there were at least 12 relatives or friends of estranged girlfriends or wives killed in 2011, a figure that later reached 13.

In 2010, no friends are relatives were known to have been killed.

Mary Lee Halfey, CEO of SafeHaven of Tarrant County told me “I can never, ever remember anything like this where the killings included so many family and friends who were just in the area. I hardly remember it happening at all, much less as a repetitive event throughout the year. Their total disregard for human life continues to claim the lives of friends and family and leaving children completely devastated."

Sadly, another family has been devastated.

--Alex Branch

Body of Marine killed in Afghanistan returned to family in Arlington

ARLINGTON — The body of a 25-year-old Marine killed last week in Afghanistan was returned Thursday to his parents in Arlington, a friend of the family said late Thursday.

Cpl. Phillip McGeath was killed Jan. 18 during a combat operation in Helmand province two weeks before he was scheduled to return home.

"He was dedicated and very proud and very patriotic," said Daniel Allgire, who is engaged to McGeath’s sister. "He loved serving in the Marines."

Allgire said that McGeath’s parents are David and Phyllis McGeath. He has five brothers, two of whom are Marines. He is also survived by his wife, Sarah.

According to the Defense Department, McGeath, of Glendale, Ariz., was assigned to the 1st Battalion, 6th Marine Regiment based in Camp Lejeune, N.C.

His family told KDFW/Channel 4 that he was in a crowd when a passing motorcyclist set off explosives, killing him and a few civilians.

Allgire said a funeral is planned for Saturday in Arlington. -– Marty Sabota

Game warden shoots and kills suspect in east Texas

         A game warden in Bowie County shot and killed a person Thursday afternoon near Texarkana, according to a Texas Parks and Wildlife Department news release.

       The game warden, Shawn Hervey, was not injured. He was assisting the Bowie County Sheriff’s Department on a call.

        No other information was available.

- Lee Williams

 

Tarrant County jury hears tapes on Hurst shootout

1:30 update: Police officers and paramedics from three cities converged on James Michael Tesi's north Hurst home following his shootout last year with a Colleyville police officer. A Colleyville police sergeant's dash camera shows police personnel in and near Tesi's garage as he lay in agony on the floor, wounded in the leg and face. The jury saw that video, plus another one, Thursday morning on the third day of Tesi's trial for aggravated assault on a police officer. Judge Everett Young, 297th District Court, determined the videos were admissible after Tesi's defense attorney, Ronald Hardin, objected.

Hardin claimed that statements Tesi made with police officers present were, in effect, the result of an interrogation. Judge Young rejected that argument, saying the statements were voluntary.

Tesi, who had been shot in the face and lost several teeth, is heard to moan and claimed he was kidnapped. "All I do is help people all day long," he said. "All I do is file papers to defend my rights."
He also is heard saying "I've been harrassed over a stupid traffic ticket."

Following each video, the two officers, Keller Officer Brock Street and Colleyville Sgt. Robert Etheridge, were questioned as to their actions and words. Both officers wore wireless "body mics" that recorded the sounds around them.

In his traffic cases, Tesi had declared himself a "sovereign citizen" not subject to U.S. laws and said he was not required to have a driver's license.

-- Steve Norder

A Hurst man was not being interrogated while he lay wounded on the floor of his garage, following a shootout with a Colleyville police officer, Judge Everett Young said Thursday morning, in ruling that recordings made by police following the incident could be entered into evidence in the man's trial. Defendant James Tesi, accused of aggravated assault on a public servant, made voluntary statements, the judge said. On the tapes, played Wednesday without the jury present, Tesi claims that he pulled a gun on Officer John Fossett because Fossett - who was in uniform and driving a squad car - was kidnapping him. Tesi's attorney had objected to the jury hearing the recordings. Tesi and Fossett exchanged gunfire after the officer attempted to stop Tesi on traffic warrants. Instead, Tesi drove to his Hurst home, where the shooting occurred. Tesi was shot in the face and leg; Fossett was not injured. - Steve Norder 

Jury sends out notes seeking clarification, second look at evidence in Rockwell capital murder case

UPDATE 5:30 p.m.

The jury deliberating whether to hand down the death penalty to convicted killer Kwame Rockwell has sent out five notes Thursday afternoon asking to see certain evidence and testimony.

The jury has not asked to view again the chilling surveillance video of the shootings of store clerk Daniel Rojas and Jerry Burnett, but has asked for phone records for Rockwell and co-conspirator Chance Smith.

Smith pleaded guilty to a reduced charge of aggravated assault and was sentenced to 20 years in prison as part of a plea bargain in exchange for his testimony. Smith testified that Rockwell was the ringleader of the group that robbed the convenience store and that he was the gunmen who killed the two men.

The jury has also asked for copies of transcripts of the closing arguments, of testimony from a nurse and an officer, and asked to review several unidentified exhibits submitted by prosecutors. Transcripts were not provided to jurors.

The jury also asked for clarification of the definition of "society," asking if that refers to prison life alone or to prison life and nonprison life. That issue is raised in the first question that jurors must answer: whether Rockwell would be a threat to society if he were sentenced to life in prison.

If jurors decide he would not, he would not get the death penalty. Indications are that the jury could continue its deliberations into the evening.

-Dianna Hunt 

UPDATE: 3:30 p.m.

The jury has been deliberating for more than three hours and the only request has been for ice.

-Dianna

UPDATE: 12:01 p.m.

Is convicted killer Kwame Rockwell a "cold-blooded" criminal who executed two people so he could pay his rent or a "kind, compassionate" man who went astray?

Jurors began deliberating just at noon Thursday whether Rockwell should get the death penalty or life in prison without parole in the shooting death of convenience store clerk Daniel Rojas, 22.

Prosecutors Kevin Rousseau and Sean Colston urged the jury to choose death, saying Rockwell was a "cold-blooded" killer who executed two men so he could pay his rent and avoid losing face with his family.

"Does this justify the senseless slaughter of two people?" Rousseau asked jurors in an impassioned closing argument. "It is an obscenity and an outrage...

"Is that sufficient reason to choose life over death? You tell me," Rousseau concluded.

Defense attorneys Mark Daniel and Tim Moore urged jurors to hand down a life sentence without parole, saying Rockwell has been a "model inmate" who has been polite, courteous and quiet while in jail awaiting trial.

Daniel, who at one point appeared to choke up during his closing argument, described for jurors the process of an execution, from putting in a portal just after 6 p.m. to the final gasps and shudders of a man being executed.

He urged the jury to make a decision they can live with later.

"Do not be misled; do not be stampeded," he said.

Rockwell was convicted of capital murder last week in the death of Rojas in a March 23, 2010, robbery of a Valero station at 4125 Mansfield Highway. A Mrs Baird's deliveryman, Jerry Burnett, was also shot in the head and died 10 days later.

Rockwell is among five people charged with capital murder in the case. Three are awaiting trial; a fifth, Chance Smith, pleaded guilty to a reduced charge of aggravated assault in a plea deal in exchange for his testimony. He was sentenced to 20 years in prison.

-Dianna Hunt

MORNING UPDATE

Jurors are set to begin deliberating today whether convicted killer Kwame Rockwell will get the death penalty or life in prison.

Court will resume at 10 a.m. Thursday, with special instructions being read to the jury and arguments from both sides about whether the death would be appropriate. The jury will then retired to the jury room to deliberate punishment.

Rockwell, a former finance manager for major car dealerships in North Texas who had only one prior arrest for domestic violence, was convicted last week in the killing of convenience store clerk Daniel Rojas, 22. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot in the head and died 10 days later.

Rockwell and two other masked robbers burst into the Valero convenience store at 4125 Mansfield Highway on March 23, 2010, hoping to reap "hundreds of thousands" of dollars, according to co-conspirator Chance Smith, who served as the lookout man for the robbery.

Smith pleaded guilty to a reduced charge of aggravated robbery in a plea deal with prosecutors and was sentenced to 20 years in prison in exchange for his testimony. Three other men have been charged with capital murder and are awaiting trial.

A powerful surveillance video captured the shootings by a left-handed masked man. Burnett was shot while stocking shelves; Rojas died after helping the robbers gather up the cash. Rockwell is left-handed, and Smith identified him as the gunman. Another right-handed robber also carried a gun but did not fire shots, according to the video.

The case is being heard in Criminal District Court #4 before Visiting Judge Elizabeth Berry.

-Dianna Hunt</p>

MORNING UPDATE

Jurors are set to begin deliberating today whether convicted killer Kwame Rockwell will get the death penalty or life in prison.

Court will resume at 10 a.m. Thursday, with special instructions being read to the jury and arguments from both sides about whether the death would be appropriate. The jury will then retired to the jury room to deliberate punishment.

Rockwell, a former finance manager for major car dealerships in North Texas who had only one prior arrest for domestic violence, was convicted last week in the killing of convenience store clerk Daniel Rojas, 22. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot in the head and died 10 days later.

Rockwell and two other masked robbers burst into the Valero convenience store at 4125 Mansfield Highway on March 23, 2010, hoping to reap "hundreds of thousands" of dollars, according to co-conspirator Chance Smith, who served as the lookout man for the robbery.

Smith pleaded guilty to a reduced charge of aggravated robbery in a plea deal with prosecutors and was sentenced to 20 years in prison in exchange for his testimony. Three other men have been charged with capital murder and are awaiting trial.

A powerful surveillance video captured the shootings by a left-handed masked man. Burnett was shot while stocking shelves; Rojas died after helping the robbers gather up the cash. Rockwell is left-handed, and Smith identified him as the gunman. Another right-handed robber also carried a gun but did not fire shots, according to the video.

The case is being heard in Criminal District Court #4 before Visiting Judge Elizabeth Berry.

-Dianna Hunt

Jury set to begin deliberating punishment Thursday in capital murder case

UPDATE: 4 p.m.

After a day of sometimes-emotional testimony from defense witnesses, jurors are set to begin considering on Thursday whether convicted killer Kwame Rockwell should get the death penalty or life in prison.

The defense completed its case just after lunch, presenting a string of family members and acquaintances who told jurors that Rockwell was kind, caring person who could help others in prison.

Prosecutors completed their rebuttal in the punishment phase just before 4 p.m.

Visiting Judge Elizabeth Berry in Criminal Court #4 instructed jurors to bring an overnight bag for Thursday. The jury has not been sequestered up to this point.

-Dianna Hunt 

UPDATE: 1p.m.

After bringing jurors to tears with tales of happier times for his convicted killer son, Kwame Rockwell's father had one last message for jurors considering the death penalty.

"I'm asking you to let him live," Kenneth Rockwell testified, before breaking down in tears. "Let God take care of this."

Kenneth Rockwell's plea ended more than an hour of testimony that included home movies of Kwame Rockwell playing football as a child, football trophies, birthday parties and other family events. Previous relatives, including his aunt, Linda Sneed, also told jurors that Kwame Rockwell was a kind, caring person who always tried to help others.

Jurors are considering whether to give Rockwell the death penalty or life in prison without parole. Rockwell was convicted last week of capital murder in the death of convenience store clerk Daniel Rojas, 22. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot in the head and died 10 days later.

UPDATE: 12:15 p.m.

Convicted killer Kwame Rockwell's father testified Tuesday that his son was a caring, kind person who looked out for his friends who needed help - particularly those who were hungry  or didn't have a place to stay.

With Kenneth Rockwell testifying, jurors were shown pictures of Kwame Rockwell playing football, with trophies, and a video of a football game with a thin, young teen Rockwell as a star member of the offense.

The photos and videos of happier times for Kwame Rockwell left several jurors in tears. Kwame Rockwell also sat quietly, wiping his eyes with a tissue. Kenneth Rockwell broke down on the witness stand before he ever testified, and spoke quietly throughout as he talked about his son.

Jurors will decide whether Kwame Rockwell will get the death penalty or life in prison. He was convicted last week of capital murder in the shooting death of convenience store clerk Daniel Rojas, 22. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot in the head and died 10 days later.

-Dianna Hunt

UPDATE: 10:45 a.m.

Tearful testimony from convicted killer Kwame Rockwell's aunt brought several jurors to tears.

Linda Sneed, the mother of Rockwell's sister who helped raise him, told jurors of a happy child who was always willing to help others, and an adult who went out of his way to help others.

She introduced jurors to family photos, showing smiling Rockwell with a new puppy, at a birthday party with Chuck E. Cheese, at a birthday party with a Michael Jackson jacket.

"I have never seen Kwame violent," she testified. "It's sinking in slowly. It's very hard...I pray for the parents who lost their son. I pray for the woman who lost her husband. We are hurting, too."

Rockwell was convicted last week of capital murder in the death of convenience store clerk Daniel Rojas, 22. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot in the head that day and died 10 days later.

Jurors must now decide whether to give him the death penalty or life in prison. Jurors are expected to begin deliberating Thursday.

-Dianna Hunt

 

UPDATE: 10:05 a.m.

Under an agreement between prosecutors and defense attorneys, jurors in the capital murder trial of Kwame Rockwell were told Wednesday that the Tarrant County medical examiner's office concluded that poor treatment at JPS Hospital may have contributed to the death of one of the victims in the robbery of a convenience store.

Defense attorney Tim Moore read a statement agreed to by prosecutors that Deputy Medical Examiner Gary Sisler believed that Mrs. Baird's deliveryman Jerry Burnett lost his ability to breath while he was in a CT scan machine at the hospital.

JPS records don't reflect how long Burnett remained in the machine before health care workers realized he was without oxygen. Burnett never regained consciousness, and died 10 days later.

Defense attorneys had asked to delay the trial, but the agreement allowed testimony to continue. 

Rockwell was convicted last week of capital murder in the shooting death of store clerk Daniel Rojas, 22. Jurors are now considering whether to hand down the death penalty.

-Dianna Hunt

 

WEDNESDAY

The capital murder trial of Kwame Rockwell resumed Wednesday morning with a request from the defense that the trial be delayed indefinitely because of the illness of a key witness.

Defense attorney Tim Moore told Judge Elizabeth Berry outside the presence of the jury that Deputy Medical Examiner Gary Sisler, who conducted the autopsy on Mrs. Baird's deliveryman Jerry Burnett, believed that Burnett died as a result of possibly negligent actions by JPS Hospital and not from a gunshot wound.

Sisler, however, collapse in Arizona while attending a conference and is now unable to testify, Moore said.

The judge is considering whether other medical examiner employees might be suitable to provide that evidence. Prosecutors Kevin Rousseau and Sean Colston said that Medical Examiner Dr. Nizam Peerwani reached the same conclusion. Prosecutors have also agreed to stipulate that those conclusions are factual.

Rockwell was convicted with capital murder last week in the death of convenience store clerk Daniel Rojas, 22, and the jury is considering whether to hand down the death penalty. Burnett was also shot in the head and died 10 days later.

Medical witnesses earlier in the trial testified that Burnett - who survived the shooting and was able to call 911 while injured on the store floor - began having trouble breathing while he was being taken for a CTscan.

He never regained consciousness. Moore said he lost the ability to use his airways, and doesn't know how long he may have remained in the CTscan before he was treated.

-Dianna Hunt

The evidence is 

Colleyville officer: 'He was shooting where I was standing.'

Noon update: James Michael Tesi's defense attorney attempted this morning to raise doubts about the events surrounding last July's shootout with Colleyville Police Officer John Fossett.

Fossett, on the stand during Tesi's trial for aggravated assault on a public servant, was taken through each step taken on that July day from when he first saw Tesi in his pickup truck, to when he tried to stop him on traffic warrants, to actions during the shooting in the garage at Tesi's Hurst home.

Fossett said he saw Tesi holding his gun outside the truck's driver-side door after stopping inside the garage.

"He was shooting where I was standing," the officer said from the witness stand. Fossett had already moved to next to the truck bed. "If he could shoot me, he would have to have leaned out of the cab."

Tesi's attorney, Ronald Hardin, grilled Fossett on his training as an officer, knowledge of warrant procedures as well as that day's events.

Although Hardin produced a truck title showing that It was not registered in Tesi's name, Fossett, who is a Colleyville warrant officer, said he knew it was Tesi driving the truck. He also knew of three arrest warrants for Tesi from Colleyville.

Hardin questioned Fossett on whether or not those warrants were "active," raising the possibility that Tesi had appealed the city court's action on his traffic case.

Fossett admitted he did not know if there had been an appeal or not.

The trial will resume this afternoon will Fossett still on the stand. -- Steve Norder

 

The defense attorney for self-proclaimed sovereign citizen James Tesi grilled Colleyville Warrant Office John Fossett Wednesday morning about his background and training, as testimony resumed. Tesi is on trial for assault on a public servant, following a shootout last year at Tesi's home. Attorney Ronald Hardin also questioned Fossett on how his police vehicle was equipped the day of the shooting. Fossett said that he did not have a dash camera in his police vehicle and the siren was not working, though he has testified that he had turned on his squad car lights when he tried to get Tesi to pull over for outstanding traffic warrants. Tesi instead drove to his Hurst home, where he and Fossett exchanged gunfire. Tesi was hit in the leg and face in the shootout. At Hardin's request, the 911 tape of the incident was replayed Wednesday morning, then Hardin began going through the incident minute by minute. "It went from a Class C misdemeanor to you shooting a man in the face, didn't it?" he asked Fossett. The officer, a 27-year veteran of the police department, responded, "Yes, I did shoot Mr. Tesi in the face." - Steve Norder

Scheme cooked up by baker defrauded elderly Texas investors

Patricia Stewart persuaded investors to ante up more than $2 million to pay for her to make gluten-free and wheat-free items at her company, Whole Bakers LLC. But the 50-year-old also used investors' dough for other purposes, without telling them, including for Stewart's own benefit, federal prosecutors say. Tuesday, Stewart was sentenced to the maximum 60 months in federal prison for running the investment scheme, according to the U.S. Attorney's Office. Victims include an elderly Dallas woman who lost almost half a million dollars, the office says. Judge Ed Kinkeade also ordered Stewart, who has been living in the Chicago area, to pay $2,027,796 in restitution. - Lois Norder 

Police say speed a factor in fatal Porsche crash

IRVING — After a lengthy investigation, police have determined that speed was a factor in a crash involving an attorney who was driving a Porsche Panamera that crashed in a Las Colinas canal and sank earlier this month, killing him and two passengers.

The victims were identified as Ronald Eddins, 41, a prominent Southlake attorney, Kenneth Lark, 23, of Austin and Kaat Debeuckelaer, 21, of Colleyville.

According to a news release issued Tuesday, "based on the physical evidence at the scene, the vehicle was traveling in excess of the posted speed limit of 55 mph. The exact speed the vehicle was traveling is not known, however, investigators have been able to determine the sequence of events during the crash."

Investigators have determined that the vehicle struck the inside center curb as it was traveling westbound on Spur 348, the release stated.

"The vehicle then veered off the road, striking numerous curbs and signs and traveled over various surfaces (grass, asphalt, concrete) before striking a curb and becoming airborne," the release said. "The vehicle traveled approximately 95 feet in the air before striking the guardrail to the canal. The force of the impact tore the guardrail from the concrete base and the vehicle continued in the air and struck the other side of the canal. The vehicle then fell into the canal and was submerged in the water."

The accident occurred on Jan. 4. Members of the Lewisville dive team pulled out the bodies that day and the next. The search for the victims began after maintenance workers noticed guardrail damage in the 5600 block of Riverside Drive near the canal, police said.When the car was lifted out, two bodies were strapped inside by seat belts, Irving police said. They were identified as Eddins and Debeuckelaer.

Initially, authorities believed that those were the only victims. Then, investigators received information that there was a possible third victim, officer John Argumaniz, an Irving police spokesman, said. Divers went back in and found Lark’s body in water 4 to 8 feet deep.

Eddins, a Fort Worth native, represented clients in asbestos and mesothelioma lawsuits and was well-known for winning multimillion-dollar settlements in high-profile cases.

According to police, Lark and Debeuckelaer went to the Dallas Stars game Jan. 3 and later met Eddins for the first time at the bar at the Southlake Hilton.All three went to The Men’s Club on West Northwest Highway near Riverside Drive about 1 a.m. Jan. 4 and left about 2:45 a.m. — Marty Sabota

Suspect sought in attack that left victim in coma

FORT WORTH — Police are searching for a suspect in a New Year’s Day assault that left a man in a coma.

According to a new release issued Tuesday, police responding to fight call found a man about 2:30 a.m. lying on the ground and unresponsive outside a Fina gas station in the 4200 block of Miller Avenue.

A fight between two men "escalated to a violent aggravated assault where two more adult males caused serious bodily injury to the sole individual who began fighting for his life," the release stated.

The victim, who was not identified, was knocked to the ground and the suspects hit, kicked and stomped him, primarily targeting his head and body. The attack continued in front of witnesses, several who attempted to help the victim.

"Their efforts were quickly halted as the three suspects aggressively instilled fear and intimidation by pushing the attempted rescuers away, then resuming their repeated criminal acts toward the victim who still lay motionless in the parking lot of the gas station," the release stated.

The victim remained hospitalized in critical condition and in a coma Tuesday, police said.

Police have arrested two suspects, Derrick Charles Brown, 22, and Terry Lynn Dunlap, 27, and are seeking a third suspect. Brown and Dunlap remained Tuesday in Tarrant County Jail.

The suspect is described as a black male, 6 feet or taller, and has some facial hair — possibly a light beard and mustache. He was wearing a red baseball cap, believed to have a Cincinnati Reds logo on the front, and a white colored "brace" or wrap on his left wrist.

Police ask that anyone with information about the suspect call Crime Stoppers at 817-469-TIPS (8477). — Marty Sabota

 

Jailers - including former NFL player - say convicted killer is 'model prisoner'

UPDATE: 4 p.m.

More than a half-dozen jailers and deputy sheriffs working at the Tarrant County Jail have testified that convicted killer Kwame Rockwell was a "model prisoner"  - quiet, polite and respectful of authority.

The witnesses have been called by defense attorneys Mark Daniel and Tim Moore in Rockwell's capital murder case in an apparent effort to convince jurors that Rockwell should be considered for imprisonment rather than the death penalty.

One of the witnesses was jailer Christopher Hollie, a former professional football player for the Detroit Lions and New England Patriots until he hurt his knee. He know works for the Tarrant County Sheriff's Office.

Rockwell was convicted last week of capital murder in the shooting death of convenience store clerk Daniel Rojas on March 23, 2010. A Mrs. Baird's deliveryman, Jerry Burnett, who just happened to be stocking shelves at the time, was also shot in the head and died 10 days later.

Jurors will begin deliberating whether to hand down the death penalty possibly as early as Wednesday.

-Dianna Hunt

UPDATE: 2:00 p.m.

A knife-like jail shank and what appears to be an escape route were found in convicted killer Kwame Rockwell's cell while he was awaiting trial on capital murder charges.

Prosecutors Sean Colston and Kevin Rousseau entered the shank and map into evidence Tuesday in testimony aimed at helping jurors decide whether Rockwell should get the death penalty.

An incident in October prompted a search of Rockwell's cell.

Colston suggested, in questioning a witness, that Rockwell had threatened "if he got the death penalty, he was going to kill everyone there."

Witness Tommy Rigmaiden, a deputy sheriff who has worked at the jail, said he was not aware of the threats and found Rockwell to be polite and respectful. Colston also made reference to Rockwell have "faked a suicide" to remain in the jail's infirmary.

Rockwell was convicted of capital murder last week in the death of convenience store clerk Daniel Rojas. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot during the robbery and died 10 days later.

-Dianna Hunt

Update 1:20 p.m.

The benches outside Criminal District Court #4 is packed with Tarrant County bailiffs, jailers and deputy sheriffs as they wait to testify in the punishment phase of the capital murder trial of convicted killer Kwame Rockwell.

Defense attorneys Mark Daniel and Tim Moore have called a string of nurses, deputy sheriffs - and even Rockwell's former high school football coach at O.D. Wyatt High School - to testify that Rockwell is a good person, kind, responsible and non-violent.

Daniel, in fact, asked one witness if she believed Rockwell could be a positive influence in prison, helping others. She said he would.

Jurors are considering whether to assess the death penalty to Rockwell, who was convicted last week of capital murder in the shooting death of convenience store clerk Daniel Rojas. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot in the head and died 10 days later.

Testimony resumed at 1:15 after a lunch break.

-Dianna Hunt

 

UPDATE: 11 a.m.

Convicted killer Kwame Rockwell quit eating in jail and eventually was given psychiatric medications in the infirmary, witnesses testified Tuesday in the punishment phase of Rockwell's capital murder trial.

"He'd stopped eating, or wouldn't eat, so they brought him to us," said infirmary nurse Deborah Organ. ""He looked like he'd just shut down."

Organ said he lost a significant amount of weight but eventually began eating again. Prosecutors Kevin Rousseau and Sean Colston, however, described the incident as a "hunger strike" and suggested Rockwell had said he wouldn't eat until he was bonded out of jail.

Organ testified for the defense Monday among a string of witnesses, including Rockwell's former high school football coach. Under questioning from defense attorneys Mark Daniel and Tim Moore, they described Rockwell as polite, calm, respectful and as someone who never got into trouble.

The jury is deciding whether to hand down the death penalty to Rockwell, who was convicted in the March 23, 2010 shooting death of convenience store clerk Daniel Rojas. A Mrs. Baird's deliveryman, Jerry Burnett, who just happened to be stocking shelves at the time, was also shot in the head and died 10 days laters.

-Dianna Hunt

Testimony resumed Tuesday in the punishment phase of the capital murder trial of Kwame Rockwell as the jury considers whether to hand down the death penalty.

The first witness of the day is Jamie Hernandez, who bought a car from Rockwell in 2000 from a Saturn dealership in Hurst where Rockwell worked as a salesman.

Fernandez said Rockwell was professional, kind and efficient, and that he tried to buy another car from Rockwell but learned that Rockwell had left the dealership.

-Dianna Hunt

Bad spelling bank robber pleads guilty

DALLAS -- An accused robber with spelling problems pleaded guilty Tuesday to stealing cash from a bank last summer on Martin Luther King Boulevard, federal authorities said.

According to federal court documents, Debbie Regina Norman, 48, of Dallas walked into the Chase Bank, 2833 Martin Luther King Boulevard, on June 15 and handed the teller a note which stated “Ima shoot you geme money.” She then yelled out, “Right now!”

As she was shouting, Norman placed her hand inside a dark bag as if she had a weapon, the documents stated.

Norman left the bank after the teller gave her an undisclosed amount of money, according to the documents.

Dallas police later arrested her.

Norman entered her plea on a charge of bank robbery before U.S Magistrate Judge Irma C. Ramirez Tuesday morning in a federal courtroom.

Norman is scheduled to be sentenced on April 23.

The Dallas woman faces a maximum of 20 years in prison and a $250,000 fine.

— Domingo Ramirez Jr.

Testimony: 15 shots exchanged in Hurst shootout

Update: Fifteen shots were fired in the north Hurst shootout between James Michael Tesi and Colleyville Police Warrant Officer John Fossett, according to testimony Tuesday morning from Hurst Police Officer Ryan Rider, the crime scene investigator. Rider told the jury of seven women and five men that Fossett fired nine bullets and Tesi fired six in the short shootout. In her opening statement, Assistant District Attorney Dawn Ferguson said that Fossett had spotted Tesi's red Ford Ranger truck wile both were driving. Fossett, who was in his uniform and in a marked police vehicle, knew there was a warrant for Tesi and attempted to pull him over. Instead, Tesi drove to his north Hurst home and pulled into the garage. That's when the gunshots were exchanged. "Throw the gun out," Fossett is heard saying on the 911 recording played for the jury. A short time later, the officer said, "Send Hurst police over here. Subject has been shot, need ambulance." Tesi was wounded in both the face and leg. Fossett was not injured. Also testifying this morning was Christine Sanders, the 911 dispatcher who handled the call.  

 

 

Testimony began this morning in the trial of James Tesi, a Hurst man accused of shooting at a Colleyville officer trying to arrest him. By 11 a.m., two witnesses had been called: the 911 dispatcher and the Hurst crime scene officer. The jury of seven women and four men also heard the 911 tape. "Shots fired, shots fired," Officer John Fossett yelled as he retreated down Tesi's driveway to get behind a car. Tesi is facing a charge of aggravated assault on a public servant. Fossett was not injured in the shootout. Tesi suffered minor wounds. He was wanted on traffic warrants at the time of the shootout last year, but Tesi has said he is a sovereign citizen not required to have a driver's license and not bound by U.S. laws. - Steve Norder 

Juror arrested for trying to enter Fort Worth courthouse with loaded gun

FORT WORTH -- A juror was arrested Tuesday morning as she attempted to enter a courthouse with a loaded handgun and after deputies saw the weapon during a screening, a Tarrant County official said.

The incident occurred about 8:30 a.m. at the south entrance to the Tim Curry Criminal Justice Center.

Authorities identified the woman as Dayna Kay Purtee of Burleson. 

She was arrested without incident on a charge of unlawfully carrying a weapon in a place where weapons are prohibited. 

The 53-year-old woman arrived at the courthouse for jury duty this morning and placed her items on a machine for screening, said Terry Grisham, a spokesman with the Tarrant County Sheriff's Department.

"The deputies saw it in one of her personal belongings," Grisham said.

Authorities did not release any information on why she had a loaded 32-caliber handgun at the courthouse. Grisham said he had no information that Purtee had ill intent.

"It's a moot point if she had a license for it or not," Grisham said. "This is one place that someone can't walk into with a gun."

Purtee remained in custody at 4:30 p.m. Tuesday.

-- Domingo Ramirez Jr., 817-390-7763

Arlington police, fire departments to play hockey for one of their own

This report has been updated to reflect that the hockey game is Saturday night. The original item included an incorrect date.

Normally, the Arlington police and fire departments work together to keep the citizenry safe. But once a year they substitute competition for cooperation by facing off in an ice hockey match that helps raise money and awareness for a particular cause.

This year's game will have extra special meaning for both teams.

The ninth annual Guns 'n' Hoses Charity Game, set for 7 p.m. Saturday at the Dr Pepper StarCenter at Texas Star in Euless, is being played in memory of police Lt. David Killinger and his son, Zachary, 8.

Killinger died suddenly in 2010 at age 40 of a blood clot on his lung. 

Zach was diagnosed with Batten disease, a terminal disorder, two weeks after his father's death.

Zach's mom, Michelle Killinger, is also an Arlington police officer.

Batten disease has already robbed Zach of his eyesight, and the boy is not expected to live past his early teens.

Proceeds from the game will go to the Batten Disease Support and Research Association. Admission is $5 and includes a ticket for prize drawings to be held during the intermissions.

More here

Read more here: http://www.star-telegram.com/2012/01/23/3680993/notable-and-quotable.html#storylink=cpy

North Texas man prison-bound for dealing in counterfeit duds

A Frisco man may be trading in his faux-designer duds for khaki workpants and shirts, at his new abode. Joven Joven, 40, who operated AnteUp Sales with his girfriend, was sentenced to 18 months in federal prison after pleading guilty to trafficking in counterfeit trademarks. Joven sold counterfeit clothing and jewelry, according to the U.S. Attorney's Office. The clothing at federal prisons is often stamped with registration numbers, rather than designer names. It could be worse - some jails prefer bright orange jumpsuits or, for the more traditional look, stripes. Some prisons offer some nice jewelry, though.

Stink bugs seized at border

If your recipe calls for Jumiles, supplies may be getting tight. U.S. Customs seized baggies of live bugs from a truck crossing into the U.S. from Mexico in late December. The U.S. Department of Agriculture has now identified the insects as Jumiles, a vareity of stink bug collected for sauce and for taco filling. But the bug is also a pest that eats plants, and border agents are on the lookout not only for thugs and drugs but also for bugs, U.S. Customs reports. the driver said he forgot to declare the bugs. By the way, some people eat Jumiles live. They are said to give a fiery kick, though some describe the flavor as cinnamony.    

Police pursuits could have a safer future with technology

New technologies are in the works throughout the country to safely end police pursuits or make them much shorter, according to the January issue of POLICE.
One company, PurTech LLC, has developed the PT1100, a device that attaches to the front of a patrol car and deploys up to three stop sticks with the touch of a button without an officer having to leave his or her vehicle. It can also be deployed  as the patrol car is moving, according to the law enforcement magazine.
POLICE noted Pacific Scientific showed it new Pit-Bul portable vehicle arresting device at the recent International Association of Chiefs of Police in Chicago. The device looks like a speed bump, but it’s a remote-fired net that captures the rear tire of a pursued vehicle. The company also plans on releasing a remote triggered spike strip called the Viper. Both are devices are remote triggered so officers won’t have to run out and toss stop sticks or spike strips into the path of a suspect’s speeding car.
StarChase LLC has developed a device that could be mounted on a patrol car and launches a tracker that would stick to the car of a suspect. Police could then track the vehicle until the suspect parks.
General Motors cars now feature the OnStar system for vehicle emergencies and directions. OnStar officials also can stop a GM car under orders by law enforcement officials.
_ Domingo Ramirez Jr.

Arlington woman found fatally stabbed identified

ARLINGTON -- A woman found stabbed to death inside her South Collins Street apartment Friday morning has been identified, officials said.

The woman was identified as Irasema Chavez, 32, according to the Tarrant County medical examiner’s office.

Cause of death was multiple stab wounds.

“This apparent fatal stabbing does not appear to have been a random act,” according to a police news release.

Relatives reported finding the body about 9 a.m. in the 2700 block of South Collins.

Anyone with information is asked to call Detective Caleb Blank at 817-459-5735 or Crime Stoppers at 817-469-8477. Tipsters can remain anonymous and may be eligible for a reward.

-- Marty Sabota

Arlington family wants officer disciplined in shooting death of dog

After an Arlington police officer shot their dog five times in October, Robert "Buck" and Natalie Yandle hoped that an administrative review would conclude that the use of deadly force was unjustified.

They wanted disciplinary action taken against officer Jesse Davis for killing Bucky, their family pet who they say also served as an "emotional support animal" for their autistic 8-year-old son.

But police officials found that Davis acted appropriately when the American Rottweiler/basset mix charged out the front door and toward Davis as he, another police officer and an animal control officer investigated a dog bite report the afternoon of Oct. 4.

Police were summoned after an 11-year-old boy told his grandfather that a dog had chased him on the way home from school, knocked him down and bit him in the back.

The boy had a bruise, but his skin was not broken, police said. Natalie Yandle disputes the police's version of events, including that the officers had asked for the dog's vaccination records before he got out.

"Some of the things that are in there are straight-up lies," she said of a recent report detailing the findings of the administrative review.

An animal control official initially told the family that the bite victim had no injuries, she said.

"Now in the report it says there was a bruise," she said.

Patrick M. Walker has more here.

Read more here: http://www.star-telegram.com/2012/01/23/3680451/family-whose-dog-was-shot-by-arlington.html#storylink=cpy

Watauga woman's death shrouded in mystery

WATAUGA -- Police are continuing their investigation into the death of a woman who was found inside her Watauga home by her husband Thursday afternoon.

Mary Davis, 36, was located in a bathroom about 4:45 p.m. in her residence in the 5400 block of Ridge View Drive.

Watauga police Lt. Steve Hickman called it an "unexplained death" and said authorities were trying to determine whether violence was involved. The FBI is aiding in the investigation and detectives are awaiting results from forensics examinations, Hickman said.

Hickman said that there were no signs of foul play but that "we feel compelled to investigate."

On Friday afternoon, eight members of the FBI's evidence response team left the Davis house carrying computer towers, cardboard boxes and brown paper bags to a white panel truck. Two people wearing blue FBI shirts searched the passenger compartments of a white Ford pickup and a white Ford Explorer parked out front.

Mary Davis was a fourth-grade teacher at Howell Elementary School in the Fort Worth school district before resigning at the end of the fall semester.-- Mitch Mitchell

5 indicted for defrauding First-Time Home Buyer program

Tax on the Run may have run out of luck. The North Texas tax preparation business was used to file false income tax returns claiming First-Time Home Buyer Tax Credits, federal prosecutors say. The firm's owners and co-conspirators hauled in more than $1 million before authorities hauled them in. Now, five people have been indicted for falsely obtaining income tax refunds, according to the U.S. Attorney's Office. Among those indicted are Jason Altman, Jarrod Altman and Emanuel Harrison, who owned the tax business. The others accused in the case are Fread Jenkins and Rickel Shine. The indictments were unsealed this week in Dallas.

 

Driver in Abilene Christian bus crash may have fallen asleep

An Abilene Christian University student died and 15 other people, including a student from Colleyville, were injured when a university bus left U.S. 83, hit a culvert and rolled in November. Driver fatigue was thought to be the cause. Now, a state report quotes the driver, faculty member Michael Nicodemus, as saying he may have closed his eyes for a few seconds before the crash, according to an Associated Press report. The group was heading to do mission work at a children's home when the accident happened. Allison Dorshorst of Colleyville was among the injured in the accident. Anabel Reid was pronounced dead at the scene.

Texas fugitive charged with murder, sex crimes with children

In Texas, Daniel U. Perez became a fugitive after being convicted in the 1990s of sex crimes against children. Now, the 52-year-old has been arrested in Kansas, accused of murder, rape and multiple counts of sex crimes against children, according to The Wichita Eagle. Police say Perez lived on a compound, where he murdered a 26-year-old woman who also lived there. He also faces 36 other charges including rape of a 10-year-old, sodomy of a 10-year-old and sexual exploitation of an 8-year-old, the newspaper reports. Neighbors have told police that an unusual number of deaths have been associated with Perez. In Texas, Perez was convicted in1997 of of multiple counts of felony indecency with a child but fled before sentencing.  

"Hacktivist" collective Anonymous attacks DoJ site after anti-piracy crackdown

Members of Anonymous said they took down the Department of Justice website and others today after the DoJ announced it had shut down one of the world's largest file-sharing sites, Megaupload.com, and charged its founder and other company executives with violating piracy laws.

In addition to the Justice Dept. site, the hackers said they took down the websites of the Motion Picture Association of America (which was back up at 5:35 p.m., although loading sluggishly), the Recording Industry Association of America (which was still down), Universal Music (still down), and the U.S. Copyright office (clunky), and were supposedly working on the White House website (up and running).

An aside - the chief executive of Megaupload.com, Kaseem “Swizz Beatz” Dean, is married to singer Alicia Keys. He's not named in the indictment, and declined to comment.

The website's founder, Kim Dotcom (formerly Kim Schmitz), was arrested in New Zealand.

The hacking came a day after the websites Wikipedia and Craigslist shut down in protest of two congressional proposals to thwart online piracy. Here's the AP story on the latest developments.

-- Tom Uhler, online news editor

Four men accused of hate crime for beating of Texas African-American man

Four men indicted on federal hate crime charges are accused of attacking an African-American man while he was waiting at a bus stop in Houston.

The indictment says at least one of the men used racial slurs and all four surrounded and attacked the man by punching and kicking him about the face, head and body. Three of the accused attackers had tattoos that apparently reflect affiliation with white supremacist gangs, according to the U.S. Justice Department.

Charles Cannon, 26; Michael McLaughlin, 40; Brian Kerstetter, 32; and Joseph Staggs, 49, on federal hate crime charges related to a racially motivated assault of the 29-year-old man.

The case is being investigated by the Houston Division of the FBI in cooperation with the Houston Police Department and the Harris County Sheriff’s Office.  

An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.

-- Darren Barbee

 

Fort Worth murderer's ex-wife, partner in robbery say they were fearful of him

FORT WORTH — The ex-wife and a co-conspirator of convicted murderer Kwame Rockwell testified Wednesday that they were fearful of him, as jurors considered whether Rockwell will get a death sentence or life in prison.

Rockwell was convicted Tuesday of the slaying of convenience store clerk Daniel Rojas during a robbery. Despite cooperating with the robbers, Rojas was shot in the head and died instantly. A second man, Mrs. Baird's deliveryman Jerry Burnett, was also shot in the head and died 10 days later.

Ex-wife Teresa Jackson told the jury that in 2001, Rockell pointed a silver automatic pistol at her after she took business cards from him. “It was very scary,” she said.

Jackson also testifed Rockwell also threw DVDs at her during a 2004 confrontation at their daughter’s school that cut her lip. Rockwell pleaded guilty to assault over the matter and was given deferred adjudication, which he successfully completed. 

Earlier, co-conspirator, Chance Smith testified that he was fearful of Rockwell after the roberry of the Valero gas statoion and convenience store on Mansfield Highway. “I was afraid. He had just killed two people,” Smith told the jury.
Smith, the lookout, pleaded guilty to a reduced charge of aggravated robbery and was sentenced to 20 years in prison under a plea deal with prosecutors in exchange for his testimony.

He described attempts, as well, to create a crude form of Napalm from peanut butter and lighter fluid and peanut butter and gasoline as a way to smoke out money Rockwell thought was in the home of the Valero store owner.

The wife of the owner testified Wednesday that she was woken by a neighbort who told her that her home in Kennedale was on fire. Pictures shown to the jury showed a scorched corner of the home and gutter. The woman testifed that she and her husband, her three children, sister-in-law and niece were all asleep when the blaze began. No one was arrested in the matter. - Darren Barbee

 

Rockwell found guilty of capital murder in convenience store shootings

BREAKING NEWS: Kwame Rockwell was found guilty of capital murder Tuesday in the shooting deaths of two people at a Fort Worth convenience store.

Closing arguments began Tuesday morning, and the jury deliberated for about three hours before returnign with the verdict.

 

 

Haltom City police seek BB gun, slingshot bandits

HALTOM CITY — Police are asking for the public’s help in finding the person or people who have caused more than $20,000 damage shooting out windows around town in recent weeks.

Since Dec. 26, Haltom City police have received more than two dozen reports of someone using BB or pellet guns, or slingshots, to break out windows of vehicles and businesses. The slingshots used marbles and small pieces of metal.

Police in nearby Fort Worth have reported similar incidents, Haltom City police said in a news release.

Anyone with information can call Haltom City Police Department at 817-222-7000 or Crime Stoppers at 817-469-TIPS (8477). — Marty Sabota

Jurors in capital murder trial sent home after defense makes its case

UPDATE: 1 p.m.

Jurors were released for the long weekend in the capital murder trial of Kwame Rockwell, accused of being the gunman in a convenience store robbery that left two dead.

Defense attorneys Mark Daniel and Tim Moore completed their presentations to the jury Friday, concluding with testimony from private investigator Danny Larue that bolstered a defense witness' testimony about the shooting.

Jurors are set to return on Tuesday - the day after the Martin Luther King Jr. holiday - to hear closing arguments and begin deliberations.

-Dianna Hunt

UPDATE: MID-MORNING

Kwame Rockwell will not take the stand. The defense has rested its case. The prosecution is about to present testimony to rebut the defense's testimony.

-Dianna Hunt

MORNING POST

Accused killer Kwame Rockwell is considering taking the witness stand in his own defense Thursday morning in the capital murder trial stemming from the armed robbery at a convenience store.

Rockwell, 36, of Fort Worth, appeared before Visiting Judge Elizabeth Berry with his attorneys, Mark Daniel and Tim Moore, and was instructed that the decision to testify would be his alone to make.

Rockwell is accused of being the gunman in the shooting death of store clerk Daniel Rojas, 22. Another man, Mrs. Bairds' deliveryman Jerry Burnett, was also shot and died 10 days later.

-Dianna Hunt

Burglary suspects posing as area city workers

FORT WORTH — Police have released descriptions of two people posing as city workers to burglarize the homes of elderly residents.

In the last two months, officers have been dispatched to several calls in Fort Worth. Other area cities have reported similar burglaries, and police say it is likely they were committed by the same people. The suspects apparently also are using other aliases as well.

According to new releases, a male suspect knocks on the front door and asks the resident — often an elderly woman home alone — to accompany him to the back yard to discuss work to be performed on an adjacent property. Homeowners have said the ruse includes tree trimming, pouring cement and installing a sprinkler system.

The suspect tells the homeowner that the work will affect the owner’s property in some way and asks the owner to come outside so he can explain exactly what will be affected.

Meanwhile, a female suspect enters the home and steals jewelry, watches, money, purses and other valuables. The male suspect attempts to stall the resident in the back yard while communicating with the female suspect by cellphone.

The incidents generally occur between 10 a.m. and 2 p.m. Monday through Friday.

"It is unknown how the victims are targeted, but there appears to be a high level of planning and target selection in these incidents," police said.

One suspect is described as a Hispanic male, 40-50 years old and 5 feet 6 inches to 5 feet 11 inches tall. He has been described as chubby; 210-230 pounds.

The other suspect is a Hispanic female, approximately 30 years old, 5 feet 2 inches to 5 feet 4 inches tall and 110-125 pounds.

Their vehicle is believed to be a four-door white Chevrolet Avalanche with black accents.

City officials cautioned on the city website that Fort Worth employees carry name badges, which must be displayed anytime an employee is involved in official city business.

"Never be afraid to ask for identification or to speak to the person’s supervisor," the site said.

City vehicles display a logo — a brown longhorn symbol with FORT WORTH in blue above it.

Anyone with information is asked to call Crime Stoppers at 817-469-TIPS (8477). All calls are confidential; any information leading to the apprehension of a suspect could lead to a reward.

-- Marty Sabota

Burglars posing as city employees bluff their way into elderly women's homes

FORT WORTH — A man and woman suspected of committing multiple burglaries have passed themselves off as city employees to their victims and using other aliases as well, according to police.

Typically, the victims are elderly women who live alone, police said. Victims who live on the south side of Fort Worth have experienced several of these burglaries and other cities are reporting similar burglaries, according to Sharron Neal, police spokeswoman.

These incidents generally occur between 10 a.m. and 2 p.m. Monday through Friday, police said. The first suspect knocks on the front door of a residence and states that he is doing work on an adjacent property, usually something such as tree trimming, but they also use reasons such as pouring cement or installing sprinkler system.

The suspect states that this work will affect the owner’s property in some way and then he states that he needs the owner to join him in the back yard so he can explain exactly what will be affected. In almost every incident, the victim is an elderly female who is at home alone, police said.

The female suspect then enters the residence while the owner is outside and steals jewelry, watches, and money. In several reports the first suspect has received a call while outside with the owner and police say this might be a signal or means of communication between the two suspects.

It is unknown how the victims are targeted, but there appears to be a high level of planning and target selection in these incidents, police said.

The man is between 40 and 50 years old, from 5-feet 6-inches to 5-feet, 11-inches tall, and “chubby” between 210 and 230 pounds. The woman is about 30, between 5-feet, 2-inches and 5-feet, 4-inches tall, and between 110 and 125 pounds, police said.

They are driving a white Chevrolet Avalanche four-door with black accents. Anyone with information is asked to call the Fort Worth Police Department Crime Stoppers at 817-469-8477. All calls are confidential and any information leading to the apprehension of these suspects may result in a reward. -- Mitch Mitchell

Another Texas oil and gas executive pleads guilty to fraud

Another oil and gas scammer bites the dust. This time, it's Western Pipeline owner John Arthur Apple Jr., who schemed with co-conspirators to trick investors into giving them money. In the guise of false identities, the conspirators told potential investors that they had invested in past Western Pipeline oil and gas projects that were a success, federal prosecutors say. Then Apple used the investors' money for other purposes, prosecutors say. This week, Apple  pleaded guilty to felony offenses in connection with the scheme. He will be sentenced in April and faces up to 5 years in prison on each count. Four conspirators also await sentencing. In prison, they might say hey to these other area oil and gas scammers, listed by U.S. Attorney Sarah Saldana. The dishonor roll: brothers Bill and Greg Rand and their father, Tony, of Aspen Exploration; Alan May of Prosper Oil and Gas; Robert Baxter Williams III of Excalibur Energy; Tommy Eugene Barber of T-Bar Resources; Tracy Lee Pool of Reunion Resources; Joshua Wayne Bevill of United States Petroleum and North Texas Partners and of Progressive Investment Partners. - Lois Norder

Ex-con stumbles onto crime scene: Victim was saying 'help me, help me'

UPDATE: 5 p.m.

An ex-con testified Thursday that he stumbled onto the crime scene of an armed robbery just a minute or two after masked men ran outside the store, and saw the injured bread deliveryman gasping for help.

Alonzo Contreras Enriques, 57, told jurors that he went inside the store to pay for gas and get water and a soft drink, and couldn't get anyone to respond to his call. He then walked down the aisle and saw Mrs. Baird's deliveryman laying in a pool of blood.

"I heard somebody gasping for air, and talking slow, saying, 'Help me. Help me,' Enriques testified for the defense in the capital murder trial of Kwame Rockwell.

"He said to give his family a message, to ask his kids to forgive him and to tell his wife he loved her," Enriques said, in response to questions from defense attorney Mark Daniel. "I panicked."

Enriques said he left the scene and drove down the road before calling 911 to report the injury. But under cross-examination by prosecutor Kevin Rousseau, Enriques choked up and wiped away tears when asked if he felt guilty about leaving the injured man behind.

Enriques said he saw four men get into a car driven by a woman with "dirty blond hair," and he said co-conspirator Chance Smith - who testified against Rockwell - may have been the man he saw standing lookout on the edge of the parking lot.

He said he had seen  Smith before, at the used car lot next door and at "dope houses."

The defense began presenting its case Thursday afternoon.

-Dianna Hunt

 

UPDATE: 3:10 p.m.

The prosecution has rested its case in the capital murder trial of Kwame Rockwell, accused of being the gunmen in an armed robbery that left two men dead.

Prosecutor Kevin Rousseau told the jury the state had concluded presenting evidence after hearing testimony all day from Fort Worth police Detective Brent Johnson, who was the lead homicide investigator on the case.

Johnson outlined the investigation for jurors in the March 23, 2010 shooting of a Valero gas station and convenience store at 4125 Mansfield Highway in southeast Fort Worth. Store clerk Daniel Rojas was shot in the head, even though he cooperated with the masked robbers, and died instantly. Mrs. Baird's deliveryman Jerry Burnett, who just happened to be stocking shelves at the time, was also shot in the head and died 10 days later.

Defense attorneys Mark Daniel and Tim Moore sharply questioned witnesses in the case, including co-conspirator Chance Smith, who agreed to testify after reaching a plea deal with prosecutors. The defense is expected to begin presenting testimony about 3:30 p.m.

Rockwell could face the death penalty if convicted.

-Dianna Hunt

UPDATE: 12:12 p.m.

The jury has been dismissed for lunch while lawyers haggling over what testimony can be admitted in the capital murder trial of Kwame Rockwell.

Lead homicide detective Brent Johnson has been testifying about investigating the convenience store robbery that left two men dead.

Rockwell, 36, of Fort Worth, is accused of firing the shots that killed store clerk Daniel Rojas and left Mrs. Baird's deliveryman Jerry Burnett so injured that he died 10 days later.

The jury is due back at 1:45 p.m. Prosecutors are expected to wind up their case today.

-Dianna Hunt

Man, 21, faces charge in Arlington club death

ARLINGTON — A 21-year-old man was arrested at the Mexican border Wednesday in connection with a slaying in a club parking lot last month.

Guillermo Alvarez Jr. faces a murder charge in the death of Serafin Salazar-Santiago of Grand Prairie, Arlington police said.

Salazar was shot in the head about 12:30 a.m. Dec. 11 outside Sky Box Sports Club, 1003 N. Collins St., police have reported. Two groups had been arguing and fighting in the club and were kicked out. Salazar was shot while getting into his vehicle.

Arlington police worked with U.S. marshals and Immigration and Customs Enforcement agents to coordinate the arrest in Nuevo Laredo, Mexico.

Alvarez was taken into custody without incident, police said. -- Marty Sabota

Mansfield police arrest a serial robbery suspect

MANSFIELD — Police arrested a man on Tuesday suspected of attempting two robberies in the same day.

Police responded to a robbery call from a woman at a shopping center parking lot in the 2000 block of U.S. 287 on December 26, police said in a news release.

The woman told police that a man demanded money and tried to steal her vehicle, but left after she refused and created a disturbance, according to police.

A short time later, police responded to a second burglary call at a convenience store in the 1600 block of East Broad Street where the same suspect demanded money from a cashier, the release said.

On Tuesday, Special Weapons and Tactics officers executed an arrest warrant for a Yancey James Barefoot, 30, at a residence in the 1400 block of Griffin Lane.

Barefoot was taken into custody without incident and taken to the Mansfield Law Enforcement Center where he faces two aggravated robbery charges with bonds set at $10,000 each, police said. — Mitch Mitchell

Hearing set in Parker County sex torture case

A pre-trial hearing has been scheduled for Jan. 19 in the case of Jeffery Allan Maxwell, accused of aggravated sexual assault and aggravated kidnapping of a former Parker County neighbor. Authorities say Maxwell kidnapped the woman, burned down her house, then held her captive for 13 days. In what Parker County Sheriff Larry Fowler described as a "house of horrors" in Corsicana, Maxwell tortured the woman, until sheriff's investigators and Texas Rangers rescued her, authorities say. The pre-trial hearing is in the 43rd Judicial District Court of Judge Trey Loftin. Trial is set for February. According to Parker County Assistant District Attorney Jeff Swain, if convicted Maxwell faces five to 99 years in prison or life and up to a $10,000 fine for aggravated kidnapping. - Lance Winter

Accused gunman's DNA found on seized items

UPDATE: 3:45 p.m.

Accused killer Kwame Rockwell's DNA was found on a black ski mask, black hoodie and several other items that are believed to have been used in a convenience store robbery that left two men dead, according to testimony Wednesday afternoon.

Forensic DNA analyst Rachel Burch of the UNT Health Science Center told jurors that the DNA was consistent with Rockwell's but did not match the DNA of three other suspects in the shooting.

Rockwell, 36, of Fort Worth, is being tried for capital murder in the death of store clerk Daniel Rojas, 22. Another man, Mrs. Baird's deliveryman Jerry Burnett, was also shot during the robbery and died 10 days later.

-Dianna Hunt

UPDATE: 1:45 p.m.

A Fort Worth Police Department lab specialist is testifying before a jury in the capital murder trial of Kwame Rockwell.

The testimony is expected to lead prosecutors Kevin Rousseau and Sean Colston to the presentation of DNA evidence this afternoon.

Rockwell, 36, of Fort Worth, is charged with the deaths of convenience store clerk Daniel Rojas, 22, and a Mrs. Baird's deliveryman, Jerry Burnett, who just happened to be stocking shelves at the time of the robbery.

-Dianna Hunt

WEDNESDAY: Jan. 11

Testimony has resumed in the capital murder trial of Kwame Rockwell with Tarrant County Medical Examiner Nizam Peerwani taking the witness stand.

Peerwani told jurors that store clerk Daniel Rojas died from a single gunshot wound to the head. The bullet entered on the right side of his head, just at the right temple, and passed all the way through before stopping just under the scalp on his left side.

Peerwani said the shot was fired no more than 3-3 1/2 feet away - which is consistent with the surveillance video of the shooting already shown to jurors.

Peerwani said Rojas, 22, was otherwise healthy.

Rockwell, 36, of Fort Worth, is accused of being the ringleader and gunmen in a convenience store robbery on Marach 23, 2010 that left Rojas dead. A Mrs. Baird's deliveryman, Jerry Burnett, who happened to be stocking shelves at the time, was also shot in the head and died 10 days later.

-Dianna Hunt

Arlington police seek help in identifying two bank robbery suspects

 

Arlington police are looking for two men who robbed a bank Monday afternoon in the 1700 block of West Randol Mill Road.

The pair handed the teller at Woodforest National Bank, which is inside a Tom Thumb grocery store, a note demanding money, police said. No weapon was displayed. They escaped on foot with an undisclosed amount.

They are described as white men in their late teens or early 20s. One wore a multi-colored beanie and green gloves. The other wore a dark-colored jacket with a hood, blue jeans and reflective sunglasses.

Police ask anyone with information to call Detective Seth Archer at 817 459-5336 or Crime Stoppers at 817- 469-TIPS (8477). 

Tipsters remain anonymous and are eligible for a reward up to $1,000. 

-- Kathy Vetter

Occupy Fort Worth protesters receive probation

FORT WORTH — Two Occupy Fort Worth protesters arrested on charges of interference with public duties pleaded guilty today in County Court at Law No. 10 and received one year of deferred adjudication probation.

Matthew Yeager, 35, and Bryan Frederick, 22, will also have to serve 100 hours of community service as a condition of their probation, according to the Tarrant County district attorney’s office.

Two other defendants, Joann Jones, 41, and Anthony Momentoff, 30, have trials scheduled for Wednesday and a fifth defendant, Brooklynn Savanna Smith, 24, is set for trial on Thursday, a spokeswoman for the district attorney’s office said. — Mitch Mitchell

Four texters ticketed while driving in Arlington since Thanksgiving

ARLINGTON – Police issued only four tickets to drivers in Arlington caught texting or using the Internet on their cellphones while behind the wheel between Nov. 25 and Jan. 9, officials said Tuesday.

Arlington police began enforcing the city’s new texting-and-driving ban on Thanksgiving.

The ordinance makes it a Class C misdemeanor for drivers to use their cellphones for anything other than phone calls.

The city's ordinance is one of the strictest in Texas.

Drivers on Arlington streets seen "manipulating a phone for an extended period of time" -- whether checking e-mails, texting, Tweeting or using other Internet-based applications -- can be stopped by an officer and issued a citation, police said. The fine is $200.

Police spokeswoman Tiara Ellis Richard said Tuesday that officers often provide verbal warnings when conducting traffic stops based on the texting ordinance.

“Officers use their discretion based on information gathered during the stop to determine whether a violation has occurred. With each encounter, the hope is that the driver thinks twice before picking up a cell phone to view an email or send a text while operating a vehicle.

"Ultimately, the goal is to provide safer roadways with people focused on driving,” Richard said in a statement.

Besides public education through the media and community groups, Arlington set up digital signs in the entertainment district and other high-traffic areas before enforcement began. The signs tell drivers: "Don’t Text and Drive. In Arlington, it’s the law."

Council members Mel LeBlanc, Jimmy Bennett and Sheri Capehart voted against the ordinance on both readings. Austin and San Antonio also ban texting while driving.

Arlington already bans the use of cellphones in active school zones.

"We actually don't want people to receive tickets. What we want people to do is not text while driving," said Arlington Mayor Robert Cluck, who pushed for the ban along with council member Robert Rivera.

--Susan Schrock

Cellphone texts shows co-conspirator got cold feet: 'I can't do it bro'

UPDATE: 2:50 p.m.

A co-conspirator in a capital murder trial tried to talk the accused gunman out of robbing the convenience store next door to where they worked, according to cellphone texts submitted as evidence in the capital murder trial of Kwame Rockwell.

Chance Smith, 25, sent a text to Rockwell several weeks before the robbery, urging him to reconsider.

"I can't do it bro, and I don't think you should either. I can't risk these kids bro sorry," according to the texts pulled from the phone by Fort Worth police detective Erik Iker.

"I don't know bro," according to a text a minute later.

The only response, posted from Rockwell's phone: "Ok."

Rockwell is standing trial on a capital murder charge in the shooting death of store clerk Daniel Rojas. A Mrs. Baird's deliveryman, Jerry Burnett, was also shot in the robbery and died 10 days later.

-Dianna Hunt

UPDATE: 12:15 p.m.

The day before a convenience store robbery that left two dead, accused killer Kwame Rockwell told his ex-wife that he would repay her the $30,000 he owed her, the ex-wife testified.

Teresa Jackson, Rockwell's ex and the mother of his 11-year-old daughter, told jurors that Rockwell said she'd get the money the next day - March 23, 2010.

Just after 6 a.m. that day, prosecutors say, Rockwell and four others coordinated the robbery of a convenience store next door to the used car lot and business where they worked. Store clerk Daniel Rojas was shot in the head and died instantly, despite cooperating with the robbers. Mrs. Baird's deliveryman was also shot and died 10 days later.

Rockwell is standing trial on a capital murder charge in the death of Rojas, and could face the death penalty if convicted. A co-conspirator, Chance Smith, has testified that Rockwell directed a plan to rob the store.

Smith has pleaded guilty to aggravated robbery and was sentenced to 20 years in prison in exchange for his testimony.

UPDATE: 9:30 a.m. 

Former Fort Worth homicide Sgt. David Thornton took the witness stand about 9:30 a.m. in the capital murder trial of Kwame Rockwell.

Thornton testified that he directed the search of the Trinity River where the murder weapons and other items connected to the shooting were reportedly tossed into the waters. Only a black hoodie was found on the river banks. The murder weapon was never found.

Prosecutors Kevin Rousseau and Sean Colston have said the hoodie contained DNA from Rockwell. DNA experts are expected to testify today.

Defense attorney Mark Daniel questioned the officer about why he didn't make a report of his duties. Thornton said he did not because he was working a supervisory capacity.

-Dianna Hunt

 

Fugitive Texas doctor released despite international arrest warrant

Dr. German Enrique Moreno was convicted in Costa Rica of sexually abusing minors in the 1990s and instead of serving his sentence fled to Texas, where he began to practice medicine. But after his arrest here in 2005 on suspicion of sexually abusing minors, he returned to Costa Rica and opened a medical clinic, a news organization there has reported. Despite a new charge of sexual abuse of a minor, his history of fleeing  and an international arrest warrant for him, Costa Rica authorities have released him from preventive detention, the Tico Times reports.  The Houston Press wrote a long piece about the serial child molester, who was a church choir leader in Texas. - Staff report

Texas Monthly blog: 'Cowboys fan goes berserk after season-ending loss to Giants'

Yeah, it happened again.

This guy hails from South Carolina. Seems he went over the top when his nephew wouldn't turn off NBC's post-game report on the Cowboys-Giants debacle last weekend.

Read the gory details in this TM Daily Post report.

-- Tom Uhler, online news editor

Rockwell bought 'replacement' gun day after shooting, prosecutor says

UPDATE: 4:22 p.m.

Prosecutors and defense attorneys are arguing in the capital murder trial of Kwame Rockwell over whether the prosecution can present evidence that Rockwell purchased a 9mm gun the day after a convenience store robbery that left two men dead.

Prosecutor Kevin Rousseau told Visiting Judge Elizabeth Berry that the evidence from a former employee at the used car lot partially owned by Rockwell was critical to back up testimony from co-conspirator Chance Smith.

Defense attorney Mark Daniel told the judge the information would be too prejudicial for the jury to hear, and should not be presented to the jury.

The court has taken a temporary break to allow Rousseau time to gather case law to support his argument.

-Dianna Hunt

UPDATE: 1 p.m.

A man who admitted being the "lookout" man for a convenience store robbery that left two men dead testified Monday he was "scared" of the accused killer, Kwame Rockwell.

Chance M. Smith, 25, testified outside the presence of the jury that Rockwell took a picture of Smith and his mother and sent it to Rockwell's girlfriend in Mexico, where she reportedly had family members involved with a drug gang.

Smith said Rockwell told him the photo "was his insurance policy."

Defense attorney Mark Daniel, however, repeatedly questioned Smith's changing versions of the events that occurred on March 23, 2010, and suggested that Smith made up some of the details to avoid facing the death penalty.

Rockwell, 36, of Fort Worth, is standing trial for capital murder in the death of store clerk Daniel Rojas. He is also charged in the shooting of Mrs. Baird's deliveryman Jerry Burnett, who was also shot during the robbery and died 10 days later. Smith pleaded guilty to a reduced charge of aggravated robbery and received 20 years in prison as part of a plea deal in exchange for his testimony.

Testimony is set to resume at 2 p.m.

-Dianna Hunt

MORNING NOTE, Monday 1-9

Visiting Judge Elizabeth Berry has eased restrictions on media coverage to allow testimony that is given in court but outside the presence of the jury.

The Star-Telegram had protested the sweeping gag order issued Friday, and had been prepared to argue against the order in court Monday.

-Dianna Hunt