THURSDAY, APRIL 20, 2017
CRIME
OTHER CRIMES IN TYLER
CONTINUED FROM PAGE 1A crime statistics throughout the year in order to identify and address any trends that develop. In 2016 the amount of robberies reported in Tyler rose about 62 percent from 2015, from 66 to 107. Toler said that increase was due in large part to illegal gaming rooms. “The (crime) that we most aggressively moved to address was associated with robberies and gambling,” Toler said. “We are already starting to see that pay off this year.” The police department sent businesses with gaming rooms warning letters in December 2016 and January of this year stating that gambling, promoting gambling, possession of gambling devices and keeping a gambling place are all illegal in Texas. The department reported earlier this
Simple Assault Forgery Fraud Embezzlement Criminal Mischief Weapon Law Violation Prostitution Sexual Offenses Drug Violations Family Offenses DUI Liquor Law Violations Public Intoxication Disorderly Conduct
2012 1367 228 932 79 1080 39 8 52 837 40 369 30 351 71
2013 1227 190 899 82 870 51 12 44 914 42 247 36 314 67
2014 1149 242 821 45 823 66 0 56 822 36 197 28 265 64
2015 1237 233 545 26 899 27 2 46 728 48 223 10 243 70
2016 1223 218 508 20 951 45 6 52 943 69 265 5 275 87
% change -1.13% -6.44% -6.79% -23.08% +5.78% +66.67% +200% +13.04% +29.53% +43.75% +18.83% -50% +13.17% +24.29%
Total
5483
4995
4614
4337
4667
+7.61%
year that gaming rooms have since closed down in the city. Reports of other violent crimes that saw increases from 2015 to 2016 include homicide, which increased from 4 to 5 reports for a 25 percent increase, and sexual assault cases, which increased from 50 to 63, for a 26 percent increase. “Historically it has been estimated that sexual as-
PLAN CONTINUED FROM PAGE 1A and edits to the document. That document will be put online in about two weeks after edits are made. It will be available on the websites of the city, the fire department and Smith County. This year, the city began participating in the State of Texas Emergency Assistance Registry, or STEAR, program. The free online registry allows people with disabilities or with other functional needs to be accounted for during an emergency. That includes people with limited mobility, communication barriers, extra medical assistance, transportation assistance or those who need personal care assistance.
SCHOOL CONTINUED FROM PAGE 1A physical and mental exercises to wake up the brain and dissipate a bit of excess energy. Throughout the day, students are encouraged to use nontraditional desks with pedals or even balance boards if movement helps them stay on task. “We like for everything we do to be intentional,” Warren said. “We can meet the needs of each individual student.” Instead of punishing students if they get fidgety, Bridgemark looks for ways to channel that energy into academic and creative energies. “All the teachers love me like my family and they understand,” Anna said. Anna’s mother, Heather Hall, said the family moved to Tyler specifically for the opportunity for Anna to attend Bridgemark. If a student is having a hard time focusing due to their learning disability, often that energy might be negatively redirected in a traditional classroom setting. At Bridgemark, the students don’t feel out of place or as if they aren’t good enough. Teachers can take the time to focus on the problems the student is having because the classes are so small and targeted toward specific needs. “It’s a world of difference from head down, shoulders slumped to the tears because she just couldn’t put those words together to read like the other kids,” Ms. Hall said.
TRIAL CONTINUED FROM PAGE 1A the foyer of Bullard First Assembly on U.S. Highway 69. In the indictment of Zavala-Garcia, prosecutors contend he attacked Kayla and sexually assaulted or attempted to sexually assault her after her kidnapping. Prosecutors also contend he struck Kayla with and against a blunt object, asphyxiated her and drowned her. It is unclear what exactly caused her death, and at the time the indictment was released, Smith County District Attorney Matt Bingham declined to comment citing a restrictive and protective order. When contacted this week, the DA’s office again declined to comment, citing the order. Criminal defense attorney Buck Files of Tyler, who is not involved in the case, but has represented 11 defendants in nine capital cases, said a decision to seek the death penalty changes the nature of the case in terms of money and time. It would cost the county more money, cost the jurors more time and cost the defense counsel in terms of lost income from not being able to work other cases if prosecution seeks the death penalty. In capital cases, when the prosecution seeks the death penalty, the prosecution and defense are entitled to question potential jurors individually with no other potential jurors present. Once a jury is selected, the trial itself proceeds as usual for the guilt/in-
sault has been unreported in America,” Toler said. “We are glad to assist the victims as they go through the process and to address the investigations.” Toler said he believed increases in the number of DUIs, robberies and illegal drug violations are in part due to improvements in policing as officers step up and better connect with the people in the neighbor-
hoods they serve. “As officers have free time they go out there and patrol their assigned areas,” Toler said. “Officers are not backing up from challenges. They are stepping up to them and taking the appropriate actions.” Toler said that moving forward, he believes continued efforts to connect with the community will help decrease crime in the city.
Registration is voluntary, and requires a name, address, phone number and designation of primary language. It can be done online at https://STEAR.dps.texas .gov. Residents also can register by dialing 211. Tyler Assistant Fire Chief Mike Frost said the program is new to the city, and they are still working out logistics on how the information will be relayed to the city. The emergency plan also recommends residents sign up for CodeRed alerts, which sends text alerts during emergencies, as well as the American Red Cross emergency app, which is available for smart phones. The plan also encourages people to get CPR training, to be prepared in case of an emergency with an emergency kit and to have a plan with a pre-determined place to go in case of a tornado.
People living in manufactured homes are encouraged to pre-identify a place or a sturdy building nearby. “Mobile homes, even if tied down, offer little protection from tornadoes,” the document reads. It also discourages people from going underneath overpasses for protection. After a tornado, the document encourages people to avoid using fire for light, and to not go into damaged structures. Residents should report downed power lines and call 911 if they see anyone trapped. The document also lists locations of possible day and nighttime shelters, places to donate supplies, organizations to find people in debris and media outlets to contact.
The individualized pace of the environment has allowed Anna to learn without feeling pressured or out of place. Grades also participate in common themes. When younger students are learning about the origin of literature, the upper grades may be putting the techniques into play by writing poetry. As students walk through the hallways, they see the common lessons highlighted on boards outside the classrooms. Madelynn Crow, a ninth-grade student said she also struggled in a standard classroom setting. “They make you feel like everyone is special here,” Madelynn said. “You’re not that awkward person that can’t read or do math.” During recent poetry-centered lessons Anna wrote about how her dyslexia made her feel before moving to Bridgemark. “I hear ‘You aren’t trying, try harder,’” she wrote “I cry when I feel dumb.” Today, Anna will be the first person to tell you that she is smart, her mother said. Anna has put herself on track to one day attend Baylor University. Warren said often new students come to the school with social and emotional issues related to their learning difficulties. She said the teachers work to make teach student feel valued. “You give kids labels based on testing, but every child’s dyslexia looks different,” she said. Teachers have a wide array of tools at their disposal, but the school puts a
particularly strong emphasis on keeping the students active. Warren said students work best when they are getting enough physical activity. Breaking up lessons with frequent activity helps keeps students fresh while dealing with repetition. Warren said some students might need to repeat something dozens of times before it clicks. “Repetition is important. We try to make it interesting to avoid burnout,” she said. “The brain likes novelty, variety and choices.” Madelynn said she has loved the school. “It’s an amazing experience for anyone who wants to come here,” she said. “It’s about you, not the lesson.” Since Bridgemark opened in 2014, they have had three students graduate high school. Those students were able to not only thrive in the new setting, but also complete dual credit courses at Tyler Junior College. Warren said building confidence translates to success for their students. “When you can see the evidence (of their hard work), that’s one of the most rewarding moments ever,” she said. Bridgemark has more than 60 students in first through eighth grades, as well as a handful of high school students and others who spend half the day working on core classes such as English, math and social studies before going to their home campus. For more information, visit bridgemarkcenter.com
nocence phase. If the defendant is found guilty in a capital murder case in which the prosecution did not seek the death penalty, the defendant is automatically sentenced to life in prison without parole — as long as they were 18 when they committed the crime. However, if the defendant is found guilty, and the death penalty was sought, the punishment phase begins. This phase functions as sort of a minitrial, where the state and defense are allowed to argue for and against the death penalty. The jury must then answer two or three questions — the number depends on the circumstances in which the defendant was found guilty. The Texas Code of Criminal Procedures spells out the questions, and how the jury answers the questions determines whether the defendant is sentenced to death or life without parole. Brian Serr, a professor of law at Baylor Law School, who is not affiliated with this case, said the first thing a prosecution will consider when determining whether to seek the death penalty is, “Can we squarely put this person within one of the definitions of capital murder?” The only capital offense in Texas is capital murder and the state’s penal code outlines nine definitions of it. These include, among other definitions, murdering a known peace officer or fireman who is acting lawfully in their official capacity and committing murder in the course of committing or attempting to commit certain other crimes including kidnapping, burglary, robbery or
aggravated sexual assault. Apart from considering if the crime fits the definition, there are several factors a district attorney might consider when deciding whether or not to seek the death penalty. Files said every district attorney is different. Some DAs are concerned about the amount of money they would have to spend in a capital case. However, he said, the DA’s office in Tyler has never had to be concerned with that. “The Commissioner’s Court in Smith County has never complained about the funding of a capital murder case,” said Files, who worked in the DA’s office for several years before going into private practice. “Smith County is a very lawand-order county and the commissioners who hold the purse strings have never been concerned about appropriate prosecution.” Following Thursday’s deadline, the next significant date is April 27, when a pre-trial hearing is scheduled. That is the first of seven pre-trial hearings scheduled through September. During these hearings, the court could consider any motions filed by the prosecution or defense. These could include motions to exclude evidence, for change of venue or notice of intent to plead insanity. Qualification of the venire panel and the court’s voir dire is scheduled for Aug. 17. Individual voir dire is scheduled to begin Aug. 22. The docket call and trial is scheduled for Oct. 2.
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3A
Fox News Channel dismisses Bill O’Reilly, its biggest star
NEW YORK (AP) — Fox News Channel’s parent company fired Bill O’Reilly on Wednesday following an investigation into harassment allegations, bringing a stunning end to cable news’ most popular program and one that came to define the bravado of his network over 20 years. O’Reilly lost his job on the same day he was photographed in Rome shaking the hand of Pope Francis. By the evening, “The O’Reilly Factor” no longer bore his name, simply titled “The Factor.” The downfall of Fox’s most popular — and most lucrative — personality began with an April 1 report in The New York Times that five women had been paid a total of $13 million to keep quiet about disturbing encounters with O’Reilly, who continued to deny any wrongdoing in a statement hours after he was fired. Dozens of his show’s advertisers fled within days, even though O’Reilly’s viewership increased. O’Reilly’s exit came nine months after his former boss, Fox News CEO Roger Ailes, was ousted following allegations of sexual harassment. Following the Times story, 21st Century Fox said it had asked the same law firm that investigated Ailes to look into O’Reilly’s behavior. 21st Century Fox leaders Rupert Murdoch and his sons Lachlan and James said in a memo to Fox staff that their decision to ax O’Reilly came following an “extensive review” into the charges.
Another nearby planet found that may be possible for life WASHINGTON (AP) — Astronomers have found yet another planet that seems to have just the right Goldilocks combination for life: Not so hot and not so cold. It’s not so far away, either. This new, big, dense planet is rocky, like Earth, and has the right temperatures for water, putting it in the habitable zone for life, according to a study published Wednesday in the journal Nature. It’s the fifth such life-possible planet outside our solar system revealed in less than a year, but still relatively nearby Earth. Rocky planets within that habitable zone of a star are considered the best place to find evidence of some form of life. The first planet outside our solar system was discovered in 1995, but thanks to new techniques and especially NASA’s planet-hunting Kepler telescope, the number of them has exploded in recent years.
1 dead, 1 injured after boat accident on Lake Palestine
One person died and one was injured a boat went over the Lake Palestine spillway Wednesday evening, according to Texas Game Warden Sgt. Mike Hanson. The Texas Game Warden’s Office is leading an investigation along with help from the Cherokee County Sheriff’s Office. Identities of the victims had not been released late Wednesday.
— KYTX CBS19
PLAN CONTINUED FROM PAGE 1A
and edits to the document. That document will be put online in about two weeks after edits are made. It will be available on the websites of the city, the Fire Department and Smith County. This year, the city began participating in the State of Texas Emergency Assistance Registry, or STEAR, program. The free online registry allows people with disabilities or with other functional needs to be accounted for during an emergency. That includes people with limited mobility, communication barriers, extra medical assistance, transportation assistance or those who need personal care assistance. Registration is voluntary, and requires a name, address, phone number and designation of primary language. It can be done online at https:// STEAR.dps.texas.gov or by phone by dialing 211. Tyler Assistant Fire Chief Mike Frost said the program is new to the city, and they are still working out logistics on how the information will be relayed to the city. The emergency plan also recommends residents sign up for CodeRed alerts, which sends text alerts during emergencies, as well as the American Red Cross emergency app, which is available for smart phones. The plan also encourages people to get CPR training, to be prepared in case of an emergency with an emergency kit and to have a plan with a pre-determined place to go in case of a tornado. People living in manufactured homes are encouraged to pre-identify a place or a sturdy building nearby. “Mobile homes, even if tied down, offer little protection from tornadoes,” the document reads. It also discourages people from going underneath overpasses for protection. After a tornado, the document encourages people to avoid using fire for light, and to not go into damaged structures. Residents should report downed power lines and call 911 if they see anyone trapped. The document also lists locations of possible day and nighttime shelters, places to donate supplies, organizations to find people in debris and media outlets to contact. TWITTER: @TMTFaith
CORRECTIONS n An article on Page 3A Wednesday misstated the terms of a tax abatement agreement reached between Smith County and Trane. The abatement is for 100 percent of new taxes resulting from increase valuation due to the $6.5 million project for four years, and for 50 percent of those taxes for a fifth year. n The variety page on 8A Wednesday contained incorrect information. The crossword puzzle for Wednesday, April 19, is on page 7A today.
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