Tuesday, December 16, 2008

Texas Forest Service Urges Caution With Holiday Fireworks

Many areas across the state will be in danger of accidental wildfires this month as some Texans celebrate the holiday season with fireworks.

Dec. 16, 2008 - COLLEGE STATION, Texas — Fireworks are commonly linked to Christmas and New Year festivities, but Texas Forest Service warns the outcome can be disastrous if proper safety precautions are not taken.

“Many Texans will be using fireworks to celebrate Christmas and the New Year,” Texas Forest Service Fire Operations Chief Mark Stanford said. “TFS wants Texans to use fireworks safely in order to protect themselves and to avoid accidentally starting wildfires.”


Under Texas law, county government officials have the authority to restrict certain types of aerial fireworks when drought conditions exist or when hazardous fuel conditions are present during the winter months. County officials also consider drought conditions when determining outdoor burn bans for their counties. Texas Forest Service does not make decisions regarding restrictions on fireworks or outdoor burning bans. The state agency does, however, provide drought condition information to counties.

Currently, many parts of Texas are in danger of accidental wildfire because of continued drought. Most of Central and West Texas is experiencing drier than normal conditions. In Southeast Texas, debris from Hurricane Ike and vegetation killed by saltwater is contributing to the problem, as is cured debris that remains from Hurricane Rita.

Tips for the safe use of fireworks:

* Adhere to all county and city fireworks laws.
* Use fireworks outdoors away from dry grass and buildings.
* Read firework labels and use only as directed. DO NOT ALTER THE PRODUCTS.
* Use only with adult supervision.
* Keep water, wet towels and a garden hose nearby.
* Allow fireworks to cool completely before handling.
* Discard used fireworks into a bucket of water.

For more information, go to Texas Forest Service website at http://texasforestservice.tamu.edu/main/default.aspx.

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Pendarvis To Remain As Upshur Road Administrator

In their regular meeting Monday, Upshur Commissioners voted 3-2 to leave A.L. "Bubba" Pendarvis in place as Road Administrator, pending an opinion by Billy Byrd, the District Attorney.

The vote revolved around an issue of hiring a certified engineer, or an uncertified administrator, which is the position Pendarvis currently holds

Commissioners Glenn Campbell and James Crittenden are in favor of hiring and engineer, and want to post the job for applications.

A certified engineer would draw a larger salary, approximately $20,000 more per year than Pendarvis makes.

Commissioners Lloyd Crabtree and Joe Ferguson, along with County Judge Dean Fowler, wish to leave Pendarvis in his current role. Fowler cast the tie-breaking vote to retain Pendarvis.

Campbell then asked to have District Attorney Billy Byrd issue an opinion on whether the county had to take applications for a certified engineer. In the voting on that motion, Fowler sided with Campbell and Crittenden.

Byrd confirmed this morning that Fowler had been in contact with the D.A.'s office, and work on the opinion was in progress.

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Monday, December 15, 2008

Federal Grand Jury Returns Indictments In The Eastern District Of Texas

Kerry Scott Baker indicted on six counts of child pornography.

TYLER, TX—United States Attorney Rebecca A. Gregory announced that a federal grand jury returned indictments late yesterday charging multiple individuals in separate cases of federal violations in the Eastern District of Texas.

KERRY SCOTT BAKER, 33, of Gilmer, Texas, is charged with 6 counts of child pornography. The defendant is charged with production, distribution and receipt of child pornography.

If convicted, Baker faces up to 30 years in federal prison on Counts 1, 2, and 3. On Counts 4 and 5, the defendant faces imprisonment of up to 20 years and on Count 6, up to 10 years in federal prison.

This case is part of Project Safe Childhood (PSC). In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.

Assistant U.S. Attorney Bill Baldwin is prosecuting the case. The case is being investigated by the Federal Bureau of Investigation.

JAMES EARL FAY, 26, of Longview, is charged with 5 counts of firearms violations which include unlawful making of a firearm, possession of an unregistered firearm, possession of a firearm during crime of violence, and possession of a firearm with an obliterated serial number.

If convicted, Fay faces up to 10 years in federal prison on each count. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Frank Coan.

BRITT BOYD, 51, of Tyler, and PHILLIP NEWLAND, 58, of Lindale, Texas were charged with manufacturing and dealing, and conspiring with one another to manufacture and deal, in firearms without a license to either deal or manufacture firearms.

If convicted, they each face up to 5 years in federal prison. This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Jim Noble.



SHERA BUCKELEW DUNCAN, 65, and RONDELL EDWARD DUNCAN, 66, of Tyler, are charged with aiding and abetting. The indictment alleges that from August 1, 2007 through April 28, 2008 Rondell Edward Duncan aided and abetted Britt Boyd in manufacturing and dealing in firearms without a license. Shera Duncan, aided and abetted by her husband, Rondell, violated numerous federal statutes pertaining to Mrs. Duncan's status as a Federal Firearms Licensee.

The Duncans each face up to 5 years in federal prison if convicted. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Jim Noble.

GARRETT MICHAEL UNDERWOOD, 19, of Texarkana, Texas is charged with possessing a firearm while being subject to a protection order. He is also charges with traveling in interstate commerce to violate the protection order.

If convicted, Underwood faces up to 10 years in federal prison for being a prohibited person in possession of a firearm and up to 5 years in federal prison on the charge of interstate violation of a protection order. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Denise Simpson.

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ETMC Gilmer Welcomes Three Physicians To Staff Positions

Three physicians have joined the staff at ETMC Gilmer, one in the ETMC First Physicians Clinic and two as hospitalists to care for hospitalized patients.

All three staff physicians are board certified internal medicine physicians.

Board-certified internal medicine physician Hernan Miranda, MD, is accepting new patients at the ETMC First Physicians Clinic, located behind the hospital at 711 N. Titus. Dr. Miranda, who recently became a naturalized U.S. citizen, was born in Peru and is fluent in both English and Spanish. Seeking to relocate to a warmer climate, he moved to Gilmer a couple of months ago, after practicing medicine in the Philadelphia area for the past 15 years.

The son of a doctor and the father of two daughters studying medicine, Dr. Miranda is dedicated to his family and considers being a physician a privilege. “I take a lot of pride when my patient tells me, ‘I feel much better. Thank you, doctor.’”
Dr. Miranda accepts most insurance plans, including Medicare and Medicaid, and welcomes new patients. Appointments can be made with Dr. Miranda by calling 903-841-7300.

Ilanko Upendran, MD, is a board certified internal medicine physician who worked at ETMC Gilmer until earlier this year as a hospitalist – a doctor who takes care of patients who are hospitalized. Since then, Dr. Upendran has been working in other ETMC hospitals across the region, but has now returned to work full-time as a hospitalist at ETMC Gilmer. He is joined by Gregory W. DuQuella, MD, who is a new hospitalist at ETMC Gilmer.

“We check on our patients multiple times a day, according to the patient’s needs. In other facilities, doctors often just check on them once, but we come back to make sure they are comfortable and all their needs are taken care of. If they have any issues, we address them right away. That’s the difference that ETMC Gilmer provides,” explained Dr. Upendran. “I am very excited about returning to ETMC Gilmer, and look forward to seeing my friends and former patients in Gilmer.”

Like Drs. Miranda and Upendran, Dr. DuQuella is also a board certified internal medicine physician. He has worked as a hospitalist in Longview since 2005. Prior to that, he worked as a hospitalist in Chicago. He is a graduate of the Tufts University School of Medicine in Boston, and completed his residency training at the University of Illinois at Chicago Medical Center.


--- BYLINE

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Gilmer Man Sentenced on Child Pornography Charges

William Allen Pipes sentenced to 33 months in federal prison for child pornography.

TYLER, TX – United States Attorney Rebecca A. Gregory announced today that a 33-year-old Gilmer, Texas man has been sentenced to 33 months in federal prison for child pornography violations in the Eastern District of Texas.

WILLIAM ALLEN PIPES pleaded guilty on June 26, 2008 to Possession of Material Involving the Sexual Exploitation of Minors and was sentenced today by United States District Judge Michael Schneider. Pipes was also ordered to forfeit all interest in a Blackberry and personal computer seized in this case.

According to information presented in court, on January 10, 2008, a federal search warrant was executed at Pipes' residence. During the search, Pipes' personal computer was seized. Forensic analysis revealed the computer contained digital images of minors engaged in sexually explicit conduct. Pipes admitted to possessing more than 300 images of child pornography.

This case is part of Project Safe Childhood (PSC). In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.

This case was investigated by the Federal Bureau of Investigation, the U.S. Secret Service and the Longview Police Department and prosecuted by Assistant United States Attorney Bill Baldwin.

Background via Tyler Paper

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Sunday, December 14, 2008

Upshur Sales Tax Revenues Increase in 2008

Countywide, 2008 tax allocations totaled $2,609,000, increasing $205,000 over 2007

Texas Comptroller Susan Combs said Friday that Texas collected $1.98 billion in sales tax in November, up 4.7 percent compared to November 2007.

“For the first three months of the state’s 2009 fiscal year, state sales tax collections have continued to grow,” Combs said. “However, the increase is less than in the past three years, and collections from important sectors such as retail trade and construction have declined slightly.”

The Comptroller sent cities, counties, special purpose districts and transit systems their final sales tax allocations of 2008 — $488 million, up 9.2 percent compared to last December. Despite the economic slowdown, Combs said local governments collected $5.9 billion in sales tax this year, 6.3 percent more than in 2007.

Upshur County, as well as the cities of Big Sandy, East Mountain, Gilmer, Ore City, and Union Grove, all receive separate monthly allocations from the state.

When combined, the December allocations of $213,573.50, which comes from sales taxes collected in October of this year, grew over $23,000 from December 2007, which was $190,357.64.

For the calendar year, 2007 combined allocations were $2,404,349, increasing this year to $2,609,958. This is a healthy 8.5% increase.











Calendar Years 2008 and 2007 Allocations
Recipient20082007% Change
Big Sandy$280,782$261,8907.21%
East Mountain$23,474$19,07723.05%
Gilmer$1,282,214$1,204,4916.45%
Ore City$131,454$112,05817.31%
Union Grove$5,752$5,3138.27%
Upshur County$886,279$801,51710.58%
Combined$2,609,958$2,404,3498.55%


Not all the news was rosy, however. Big Sandy, East Mountain and Union Grove all saw individual decreases from December of last year. Union Grove tumbled 64%.










December 2008 and 2007 Allocations
RecipientDec 2008Dec 2007% Change
Big Sandy$23,984$24,569-2.38%
East Mountain$2, 111$2,395-11.83%
Gilmer$103,912$92,93611.81%
Ore City$10,527$9,7597.87%
Union Grove$303$862-64.82%
Upshur County$72,734$59,83521.56%
Combined$213,573$190,35712.20%



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