Crime | KXAN Austin https://www.kxan.com Wed, 15 May 2024 03:36:41 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.5 https://www.kxan.com/wp-content/uploads/sites/40/2019/06/cropped-kxan-icon-512x512.png?w=32 Crime | KXAN Austin https://www.kxan.com 32 32 Three arrested in connection with north Austin homicide https://www.kxan.com/news/local/austin/three-arrested-in-connection-with-north-austin-homicide/ Wed, 15 May 2024 03:07:18 +0000 https://www.kxan.com/?p=2247611 AUSTIN (KXAN) -- Three people were arrested in connection with a shooting that happened last month in north Austin, according to the U.S. Marshals Fugitive Task Force.

Around 8:40 p.m., April 29, the Austin Police Department responded to a shooting at the Villas Del Sol apartment complex on Rutland Drive. That's near Metric Boulevard and West Rundberg Lane.

Officers arrived on the scene and found 39-year-old Lowen Alberto Ordonez Lobo outside with "obvious signs of trauma." He later died at the hospital, according to police.

Jairo Velasquez-Lopez, 22, was identified as the getaway driver in the shooting, the task force said in a news release Tuesday. He was arrested on May 9.

The second person, Giovany Perdomo, 20, was identified as the accused shooter. He was arrested on May 13.

The third person, Nixon Marquez-Martinez, 32, was accused of ordering the murder, according to the task force. He was arrested on May 14.

All three people were booked into the Travis County Jail where they remained as of Tuesday.

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2024-05-15T03:36:41+00:00
1 arrested after 'barricaded' person incident in Round Rock https://www.kxan.com/news/local/round-rock/round-rock-police-responding-to-barricaded-person-report/ Mon, 13 May 2024 18:35:18 +0000 https://www.kxan.com/?p=2244602 ROUND ROCK, Texas (KXAN) — One person was arrested Monday after Round Rock Police Department officers responded to reports of a "barricaded" person, refusing to leave a residence Monday afternoon.

The department posted on X at 12:21 p.m. that the incident followed a domestic dispute. In an update, police said the person was taken into custody and charged with assault by strangulation, a third-degree felony.

The incident happened in the 2400 block of Meadow Brook Drive, a neighborhood between Old Settlers Boulevard and East Bowman Road.

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2024-05-13T19:36:18+00:00
Former Texas linebacker S’Maje Burrell faces felony charge in April crash, affidavit says https://www.kxan.com/news/local/austin/former-texas-linebacker-smaje-burrell-faces-felony-charge-in-april-crash-affidavit-says/ Mon, 13 May 2024 15:55:42 +0000 https://www.kxan.com/?p=2244146 AUSTIN (KXAN) -- Former Texas Longhorns linebacker S’Maje Burrell faces a felony charge in a crash that left at least one other person injured, according to Travis County court documents. The crash is the same one that resulted in Tennessee Titans and former Longhorns defensive lineman T’Vondre Sweat being charged with a DWI last month.

The crash happened Sunday, April 7 on Interstate 35 near Howard and Parmer Lane. Austin police said the call for the crash came in at 4:41 a.m.

Burrell, 19, faces a charge of collision involving injury (failure to stop and render aid), which is a third-degree felony, according to an affidavit obtained by KXAN. As of Monday morning, court records show Burrell has not been arrested.

The affidavit said Sweat, 22, was driving the victim's vehicle -- identified in a separate affidavit as a 2023 orange Ford Bronco -- when another car crashed into the back of the Bronco. The crash caused the Bronco to roll over and land on its side.

The suspect vehicle was identified as a blue 2020 Dodge Charger. According to the affidavit, police identified Burrell as the driver of the Dodge through witness statements and a previous oil change receipt for the car with his name listed as the customer.

According to the affidavit, a witness who was in the Dodge's front passenger seat at the time of the wreck told police Burrell was in the middle lane following Sweat's vehicle when Sweat began braking, and Burrell tried to change lanes but hit Sweat's vehicle. The witness said the airbags in the Dodge "exploded," blocking visibility, and that the witness believed Burrell fled the scene because he was drunk, the affidavit said.

According to the affidavit, Sweat suffered from minor injuries for several days.

Burrell announced on X April 11 that he had entered the transfer portal. Texas Longhorns head coach Steve Sarkisian said on April 10 Burrell was indefinitely suspended from the program.

According to his 247Sports profile, he has not yet officially transferred to another team.

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2024-05-13T23:54:47+00:00
Authorities investigating arson after fire in Manor Walmart gas station bathroom https://www.kxan.com/news/local/manor/authorities-investigating-arson-after-fire-in-manor-walmart-gas-station-bathroom/ Mon, 13 May 2024 11:26:36 +0000 https://www.kxan.com/?p=2243826 Editor's note: Editor's note: The above video shows KXAN News' top morning headlines from Monday, May 13, 2024.

MANOR, Texas (KXAN) -- The Manor Police Department said it and Travis County Emergency Services District 12 are working on an arson investigation after a fire at the Manor Walmart gas station.

Manor PD said on its Facebook page shortly before 9 p.m. the gas station was closed Sunday night after a person went into the bathroom and allegedly started a fire then left.

Police asked that anyone with information regarding the incident contact the Manor Police Department at police@manortx.gov.

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2024-05-14T15:27:34+00:00
Mental illness, understaffing challenge Texas jails https://www.kxan.com/investigations/mental-illness-understaffing-challenge-texas-jails/ Fri, 10 May 2024 17:58:21 +0000 https://www.kxan.com/?p=2225898 AUSTIN (KXAN) — When Amy Ortiz stepped up to the microphone at a packed Capitol hearing of the Texas Commission on Jail Standards, she had one message to the board members: Please keep my brother alive.

Ortiz recounted how her family called a crisis line to get help for her mentally ill brother. Instead, the police arrested him and put him in Smith County jail in January 2024. 

By February’s hearing, Ortiz said her brother’s physical condition was so deteriorated she feared he may soon die.

“He was just skin and bones,” Ortiz told commissioners at the hearing. 

On Feb. 1, 2024, more than a dozen family members expressed similar anecdotes at the Texas Commission on Jail Standards hearing. They voiced their concerns about their family members experiencing mental crises inside of jail, mistreatment and declining physical health — with some experiencing severe dehydration and noticeable weight loss.

Maintaining proper nutrition for people with mental illness in jail can be a challenge with dire consequences, and, according to experts, it may be a problem that is flying under the radar. 

“My brother isn’t able to get commissary because he is in suicide watch,” said Ortiz, making it hard for the family to help him while they watch him lose more and more weight. 

The Smith County Sheriff's Office did not respond to KXAN’s multiple requests for comment. 

Jails “are environments that are stressful and known to exacerbate stress levels,” said Alycia Welch, associate director of the Prison and Jail Innovation Lab (PJIL) at the University of Texas at Austin. The PJIL serves as a bridge between academic researchers and policymakers on issues of prison and jail confinement. 

“For individuals living with mental illness, exacerbated stress often results in exacerbating the symptoms of mental illness,” Welch said.

The stressful jail environment took a physical toll on Ortiz’s brother, causing him to drop a noticeable amount of weight, according to his family. 

For some people with mental illness, it can be difficult to keep them fed regardless of whether food is available or not, Dr. Steve Stratowski, associate vice president for regional mental health at Dell Medical School, said. 

“There is a belief that the food is dangerous. If there is anyone that’s available that they can trust or work with: a family member, friend, case manager — that is another alternative. Of course, the best thing is to not have them in jail,” Stratowksi said. 

Hypernatremia

A separate Tarrant County case shows living in jail with mental illness can be deadly, according to a federal lawsuit filed last year.

On June 22, 2023, the estate of Georgia Baldwin filed a federal lawsuit against Tarrant County Jail claiming Baldwin was denied her constitutional rights and died because of neglect. 

On Sep. 14, 2021, Baldwin was found unresponsive in the Tarrant County Jail and died within an hour of being found, according to a custodial death report. She died from severe hypernatremia, according to court records, inches from a water fountain in her cell. 

Severe hypernatremia is consistent with someone who does not drink enough water. This is consistent with the extensive research in schizophrenia where the brain condition causes a loss of attention to normal cues — like thirst, explains Stratowski.

Baldwin had a history of mental health treatment through the North Texas Behavioral Health Authority, according to her case files. Her psychiatric report indicated that she was incompetent to stand trial. She was then sent to the Tarrant County Jail for a 120-day outpatient competency restoration (OCR) program. After 60 days, she was required to be sent to a North Texas state hospital. 

“Individuals who are flagged by the court system as potentially not competent to stand trial need to be given constant competency restoration services,” Welch said. 

The treatment plan must address physical health concerns, medication management, and contain a level of family and community support, according to the Texas Health and Human Services Competency Restoration guidelines regarding jail-based competency restoration programs. After completion of the program, the staff should work with the courts to secure a daytime release of incarcerated individuals. 

The Tarrant County Jail incarcerated Baldwin longer than mandated, according to court records.

During Baldwin’s time in Tarrant County Jail, she was held in a small cell without a window. Her interactions were with a jailer at check-ins, the lawsuit states.

The Tarrant County Sheriff’s Office did not respond to KXAN’s request for comment. 

A Texas Ranger investigation referenced in the Baldwin lawsuit said that when cell checks were made – like the one done before Baldwin was found – nobody would enter Baldwin’s cell.

After Baldwin’s death, Tarrant County contracted with CGL Companies to conduct a comprehensive review of the facility, in which it was determined Tarrant County had “sufficient notice to remedy issues involving Baldwin’s suffering and death.” 

According to the CGL report, Tarrant County “had a policy, practice, and or/custom of understaffing its jail.” 

The Baldwin case remains pending in U.S. District Court Northern District of Texas.

Beyond the Baldwin case, Texas jail and mental health authorities have struggled for years to move people found incompetent to stand trial from jails to state hospitals for competency restoration.

In March, there were nearly 2,000 people on the state's maximum security and non-maximum security waitlists for a state hospital bed. The total waitlist has been trending down since January 2023, when it was above 2,500 people. As of March, some individuals on the list were waiting a year or more for treatment, according to data compiled by the Health and Human Services Commission's Joint Committee on Access and Forensic Services.

Understaffing

“Jails and prisons alike are experiencing critical shortages and staffing, and that really impacts the ability of an agency to do the proper check in on individuals with mental illness,” Welch said. 

Understaffing can lead to overworked jail staff, directly affecting the quality of care the inmates receive and resulting in inadequate jail checks, according to a National Library of Medicine experiment on short-term imprisonment under low-prison staffing.

During the Texas Commission on Jail Standards hearing, Harris County stated that they need more staffing — a common issue echoed by many Texas County Jails during the session. 

In 2022, 50% of the Tarrant County jail population needed psychiatric or behavioral health care, according to the Texas Jail Project

The Baldwin court records highlighted other cases of inmates with a prior history of mental illness dying within jail custody who refused to eat food or drink water. Their refusal to eat or drink is documented, indicating that the county jails were aware of the issue.

Without proper check-ins, people with mental illness lack a continuity of care, which includes physical and mental health check-ins, including checking hunger and thirst cues — something that is vital in supporting these individuals, according to Welch. 

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2024-05-14T00:48:13+00:00
APD searching for burglary suspect with universal mail master key https://www.kxan.com/news/crime/apd-searching-for-burglary-suspect-with-universal-mail-master-key/ Fri, 10 May 2024 17:37:58 +0000 https://www.kxan.com/?p=2240209 AUSTIN (KXAN) — The Austin Police Department said it was searching for a burglary suspect accused of stealing mail from apartment complexes in Austin.

APD said the suspect has access to a universal mail master key, which has been used to unlock the victims’ mailboxes.

“The suspect has been seen on numerous different dates entering apartment complex mail rooms and stealing the residents’ mail,” APD said.

According to police, detectives were looking into incidents dating back to Dec. 24, 2023, with the most recent burglary occurring March 5 off Harmon Avenue in central Austin.

Police described the suspect as a 35 to 45-year-old white man with a thin build and a possible tattoo around his left wrist. APD said he also has a mustache, dark hair and was balding.

The suspect’s vehicle was described as a gray 4-door Toyota Tacoma TRD with possible stolen plates.

APD asked that anyone with any information to contact the department at 512-974-TIPS. Tips can also be submitted anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or by calling 512-472-8477.

A reward of up to $1,000 may be available for any information that leads to an arrest.

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2024-05-11T03:38:13+00:00
Police: One person dead after shooting at north Austin apartment Thursday night https://www.kxan.com/news/local/austin/police-one-person-dead-after-shooting-at-north-austin-apartment-thursday-night/ Fri, 10 May 2024 12:43:29 +0000 https://www.kxan.com/?p=2239448 AUSTIN (KXAN) -- The Austin Police Department is investigating after a person died in a shooting at a north Austin apartment complex Thursday night.

APD said officers responded to a shooting call at the Canyon Ridge Apartments on Walnut Park Crossing shortly after 8 p.m.

APD said the call taker gave life-saving instructions over the phone to the caller until police could arrive. Officers arrived and did CPR and other life-saving measures until Austin-Travis County EMS arrived, according to APD.

The victim was pronounced dead at 8:31 p.m. due to gunshot wounds, APD said.

APD did not have information on a suspect Thursday night, but officers believe there is no further threat to the public.

Anyone with information is asked to call the APD tips line at 512-472-8477.

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2024-05-10T12:57:38+00:00
Affidavit: Warrant issued for man who allegedly shot, killed ex-girlfriend's new boyfriend https://www.kxan.com/news/crime/affidavit-warrant-issued-for-man-who-allegedly-shot-killed-ex-girlfriends-new-boyfriend/ Thu, 09 May 2024 18:26:35 +0000 https://www.kxan.com/?p=2237899 AUSTIN (KXAN) -- The Travis County Sheriff's Office issued an arrest warrant for a man deputies said shot and killed a man at a bar in southeast Travis County early in the morning of Friday, May 3, according to court documents.

TCSO said the homicide happened at a business located in the 5600 block of South U.S. 183, which is close to Austin-Bergstrom International Airport. Deputies said they initially responded to a call there at about 12:25 a.m. for reports about a “disturbance involving a gun,” according to a news release.

Deputies said they found a man dead in the parking lot with several gunshot wounds.

The sheriff’s office reported that witnesses saw the suspected gunman drive from the scene northbound on U.S. 183 in a white Ford two-door pickup truck with a toolbox in the truck’s bed. They also released photos and a description, saying he is Hispanic, in his 20s-30s and last seen wearing a white short-sleeved polo, jeans, white Nikes with a black swoosh and a white ball cap over a blue durag.

The suspect was identified in an affidavit for an arrest warrant as Cesar Marquez, 32. He faces a charge of first-degree murder.

Several witnesses talked to deputies, one of them was the victim's girlfriend, who told deputies she had been dating the victim since January.

Other witness statements revealed that the victim and girlfriend had an argument at the bar after the girlfriend had spoken to her ex-boyfriend, Marquez, according to the affidavit.

The victim then walked outside, and Marquez followed, the affidavit said, and the shooting happened in the parking lot shortly after.

Deputies watched security footage from the bar and corroborated the witnesses' statements, and were able to identify Marquez as the suspect.

A warrant for arrest on a first-degree murder charge for Marquez was filed on May 7. The affidavit stated that his whereabouts were still unknown.

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2024-05-09T18:26:36+00:00
APD files search warrant after dead dogs found in south Austin creek https://www.kxan.com/news/crime/apd-files-search-warrant-after-dead-dogs-found-in-south-austin-creek/ Thu, 09 May 2024 18:08:25 +0000 https://www.kxan.com/?p=2238005 AUSTIN (KXAN) — Law enforcement officials filed a search warrant Wednesday in Travis County after multiple dead dogs were found near a south Austin residential area April 14.

Neighbors previously told KXAN they found 11 dead dogs in South Boggy Creek.

The warrant was for data that could connect a past resident of the area to an offense of cruelty to non-livestock animals.

According to the warrant, the Austin Police Department requested electronic customer data from Meta Platforms, Inc. for a specific user account. APD said it believed the data sought by the search warrant was evidence of the offense or that the particular person committed it.

Court documents showed on April 14, APD officers responded to an “Animal Urgent” call in the 2100 block of Shiloh Drive after someone found dead dogs in a creek behind a residence in the area.

“The dogs were surrounded by household trash, some wrapped in pee pads or trash bags, while others were floating freely,” the affidavit said.

Animal Protection also responded to the scene to help remove the dogs from the area.

“Officers spoke with several concerned neighbors, who alleged that [a] former resident … had killed the dogs and left them in the creek,” an affidavit said.

One of the neighbors identified the previous residents to the police, according to documents.

During a social media search utilizing the names provided, the warrant said APD found an account with pictures of dogs similar to the ones found dead at the creek.

Based on the investigation, APD said it believed the account owner committed cruelty to non-livestock animals after several dogs were found dead in a creek near their residence.

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2024-05-09T18:08:26+00:00
Man sentenced in fatal 2023 hit-and-run https://www.kxan.com/news/crime/man-sentenced-in-fatal-2023-hit-and-run/ Thu, 09 May 2024 18:01:20 +0000 https://www.kxan.com/?p=2237865 AUSTIN (KXAN) — A man was sentenced on two charges April 30 in connection with a fatal crash that occurred in March 2023.

According to Travis County court documents, 26-year-old Milton Castanon-Villatoro pleaded guilty to intoxication manslaughter with a vehicle and accident involving death and was given seven years in prison for each charge.

The sentence was related to the death of 57-year-old  Elias Saenz, which occurred the morning of March 31, 2023, in the 2900 block of North Interstate 35 Upper Deck southbound. At the time of the incident, police said Castanon-Villatoro crashed his car into Saenz’s SUV and left the scene without stopping to render aid or call 911.

Additional documents showed Castanon-Villatoro also pleaded guilty to a June 2021 offense of assault by impeding breath/circulation and was sentenced to two years in prison.

Each of the three sentences will run concurrently, according to the documents.

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2024-05-09T18:01:22+00:00
Police search for suspect after sexual assault on Leander trail https://www.kxan.com/news/local/leander/police-search-for-suspect-after-sexual-assault-on-leander-trail/ Wed, 08 May 2024 19:59:18 +0000 https://www.kxan.com/?p=2235800 LEANDER, Texas (KXAN) — Police said they're asking for help to find a suspect who allegedly grabbed a girl riding her bicycle on a Leander trail and sexually assaulted her.

"She was able to get away from him and was able to get back to her house and then gave us a call and let us know what had occurred," said Lt. Mike Mohler with the Leander Police Department.

Leander police said this happened Tuesday sometime between 4 and 4:26 p.m. along the wooded trail behind Benbrook Ranch Park, located at 1100 Halsey Drive. Officers could not locate the suspect, though, after conducting an extensive search of that area.

Detectives described the suspect as a white man who's approximately 5'11" and weighs 180 pounds with a brown buzz or close-cut hair. They also said he had stubble on his face and last wore a blue hooded sweatshirt with blue jeans and gray shoes.

"We are going to add some increased patrols, also the parks department is going to add some more staff to walk the area and be more visible," said Mohler.

Officers are asking neighbors to remain vigilant and aware of their surroundings when they visit local parks. They should also report any suspicious activity immediately, police said.

Police said even though they believe this is an isolated incident, they're still asking people to take precautions.

Police are also asking neighbors with surveillance cameras to review their video. If you see someone who matches the above description call police.

Anyone with information about this investigation should contact Sgt. George by calling 512-528-3839 or sending an email to ageorge@leandertx.gov.

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2024-05-09T01:38:50+00:00
Recycling company CEO enters guilty plea in environmental pollution case https://www.kxan.com/news/recycling-company-ceo-enters-guilty-plea-in-environmental-pollution-case/ Wed, 08 May 2024 19:40:04 +0000 https://www.kxan.com/?p=2235596 AUSTIN (KXAN) -- The CEO of a recycling company based in Colorado County recently entered a guilty plea related to an environmental pollution case dating back to 2019, according to the Travis County District Attorney's Office.

Inland Recycling, LLC CEO David Polston pleaded guilty to the offense of Intentional or Knowing Unauthorized Discharge.

According to the DA's office, in April 2019 Polston allowed his Inland Recycling, an oil and gas recycling facility located in Colorado County, to discharge industrial wastewater into Skull Creek, which feeds into the Colorado River and is located on Highway 71.

Polston and the company were indicted in late 2021 by a Travis County grand jury for Intentional or Knowing Unauthorized Discharge, a third-degree felony.

The DA's office said the discharge did not comply with the required permits or by an order issued or a rule adopted by the Texas Commission on Environmental Quality.

As part of the guilty plea, the company was fined $75,000. In an agreement with the Texas Commission on Environmental Quality and Colorado County, 75% of the fine ($56,250) will be tendered to Colorado County and the remainder ($18,750) to the Texas Commission on Environmental Quality, according to the DA.

Though it happened in Colorado County, the venue for prosecution of an alleged violation under the Texas Water Code allowed the case to be prosecuted in Travis County.

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2024-05-08T19:40:05+00:00
Man convicted by jury, sentenced on 2022 murder charge https://www.kxan.com/news/crime/man-convicted-by-jury-sentenced-on-2022-murder-charge/ Wed, 08 May 2024 18:59:15 +0000 https://www.kxan.com/?p=2235692 Editor's note: The above video shows KXAN News' top morning headlines from Wednesday, May 8, 2024.

AUSTIN (KXAN) — A man was convicted and sentenced April 17 to 25 years in prison in connection with a 2022 homicide investigation.

According to Travis County court documents, 45-year-old Deddrick Amerson was charged with first-degree murder.

The sentence was related to the July 21, 2022, death of 36-year-old Edarius Dremar Johnson.

Documents showed Amerson pleaded not guilty ahead of being convicted by a jury.

Toward his sentence, Amerson received a jail credit of 156 days, and as of Wednesday, he remained booked in the Travis County jail.

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2024-05-08T18:59:16+00:00
Man receives 5 years related to 2022 deadly east Austin crash https://www.kxan.com/news/crime/man-receives-5-years-related-to-2022-deadly-east-austin-crash/ Wed, 08 May 2024 16:20:25 +0000 https://www.kxan.com/?p=2235293 Editor's note: The above video shows KXAN News' top morning headlines from Wednesday, May 8, 2024.

AUSTIN (KXAN) — A man was sentenced May 1 in connection with a deadly 2022 crash in east Austin.

According to Travis County court documents, Reinaldo Rodriguez, 21, was sentenced on a count of intoxication manslaughter with a vehicle, a second-degree felony.

Rodriguez’s sentence was in connection with a July 18, 2022, offense that resulted in the death of 22-year-old Jose Antonio Garcia. The crash happened after 2 a.m. in the 8600 block of FM 969, according to police.

According to court documents, Rodriguez pleaded guilty to the charge and received a sentence of five years in prison with a jail credit of one day.

Additional documents showed a charge of intoxication assault was dismissed after Rodriguez was prosecuted on the intoxication manslaughter charge.

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2024-05-08T16:22:16+00:00
How a fentanyl dealer can get charged with murder in Texas https://www.kxan.com/news/local/austin/how-a-fentanyl-dealer-can-get-charged-with-murder-in-texas/ Tue, 07 May 2024 23:45:56 +0000 https://www.kxan.com/?p=2234097 AUSTIN (KXAN) — Increased criminal penalties involving individuals who distribute deadly doses of fentanyl have been in place for almost a year.

According to Texas law, if someone knowingly gives fentanyl to someone else, and the recipient dies, the person who provided the recipient with fentanyl can face murder charges.

"Fentanyl is a devastating drug because it has such a lethal impact. Because of that, the legislature has equated fentanyl with the offense of murder," Charlie Baird, a retired Travis County judge and current Austin area defense attorney, said.

Last week, Austin-Travis County EMS said there were 79 suspected overdoses and nine deaths. On Monday, police announced the arrests of five individuals who detectives found - via a sting operation - to be in possession of or accused of distributing crack, meth and/or marijuana, all laced with fentanyl.

"Individuals arrested in these investigations are not linked as of right now to any of the overdose victims," Lt. Patrick Eastlick with APD's Organized Crime Division said. At this point, the five suspects' charges max out at possession and distribution offenses.

Eastlick said the investigation is still ongoing and more charges and additional arrests could occur. He added that part of the difficulty in tying the suspects to last week's overdoses comes from some victims not cooperating. APD said the overdoses started downtown and then spread to parts of north and south Austin.

The cases in Austin are different from the two recent Central Texas fentanyl cases that have resulted in murder charges.

In March, authorities in Williamson County arrested a man who officials said sold drugs containing fentanyl to a 16-year-old boy in Leander.

Last year in Hays County, an 18-year-old was arrested - and later sentenced - on a murder charge connected with the fentanyl overdose death of a 15-year-old boy from Kyle.

"When an individual knowingly delivers a controlled substance that includes fentanyl, and another individual takes that controlled substance and it causes their death, that individual who delivered the drug with the fentanyl in it will be charged with murder," Baird said.

Baird said two main "hurdles" have to be met for someone accused of giving someone else fentanyl to be charged with murder.

"Number one, who actually provided the drugs to the individual who in a case like this would be deceased," he said. "Even if you found out the provider of the drugs, the next question would be did the provider know the drugs they delivered had fentanyl in them?"

In the Austin case, there are several victims, and police are still trying to tie specific batches to specific patients. At this time, APD does not believe the fentanyl-laced drugs are related to a larger drug operation.

"Historically a lot of the narcotics dealers that we see here aren't involved in major organized crime, it's individuals who are out to make a profit for themselves," Eastlick said.

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2024-05-08T02:05:26+00:00
Man shot by unknown suspect in south Austin, police say https://www.kxan.com/news/local/austin/man-shot-by-unknown-suspect-in-south-austin-police-say/ Tue, 07 May 2024 22:27:49 +0000 https://www.kxan.com/?p=2233949 AUSTIN (KXAN) — Austin Police said a man died after a shooting in south Austin Sunday night. Police said the suspect is currently unknown and left the area following the shooting.

APD is investigating the incident as the city's 20th homicide of the year, police said.

Officers were called to the 700 block of West William Cannon Drive, which is near South First Street, around 11 p.m. Sunday for a man who was bleeding. Police found the man on the ground with an apparent gunshot wound, according to an APD release.

The man was taken to the hospital where he was pronounced dead at 7:13 a.m. Monday, APD said. Police identified the man Wednesday as Aristeo Campos-Cuellar, 63.

Police said the investigation shows the man was shot soon after arriving at an apartment complex with "another companion," the release said.

"Detectives are still actively working the homicide and are asking for anyone with any information to come forward," the release states.

Anyone with information should contact the Austin Police Department at 512-974-TIPS. Anyone with information that leads to an arrest may be eligible for a $1,000 reward. You may submit your tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or by calling 512-472-8477.

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2024-05-08T23:59:56+00:00
DEA arrests Austin man, seizing nearly 10 pounds of fentanyl, meth and heroin https://www.kxan.com/investigations/dea-arrests-austin-man-seizing-nearly-10-pounds-of-fentanyl-meth-and-heroin/ Mon, 06 May 2024 22:22:08 +0000 https://www.kxan.com/?p=2231266 AUSTIN (KXAN) — An Austin man has been arrested on federal charges of possession with intent to distribute multiple controlled substances following a drug trafficking investigation by the U.S. Drug Enforcement Agency.

According to court records, DEA obtained a federal search warrant for Joshua James Calvo's home in southeast Austin on April 26.

KXAN reached out to Calvo's Federal Public Defense attorney, Jesus M. Salinas, Jr., and will update this story once a response is received.

On the morning of May 1, DEA agents, with help from the Georgetown Police Department and Williamson County SWAT, executed the warrant, records show.

As law enforcement approached the residence, Calvo tried to run out the back of his home before returning inside once he saw law enforcement surrounding the perimeter of the property, court records state.

Upon entering the home, DEA agents detained Calvo and encountered Calvo's wife along with three juveniles inside, according to the affidavit.

Once the residence was cleared, DEA agents began searching the home and seized large quantities of narcotics consisting of the following substances:

  • Methamphetamine: 2,050.2 grams
  • Heroin: 1,026.1 grams
  • Fentanyl "M30" pills: 688.1 grams
  • Marijuana: "A large quantity"

In total, the meth, heroin and fentanyl equaled a combined weight of more than eight pounds.

In addition to the narcotics seized, DEA agents found 17 firearms consisting of 8 handguns and 9 high-powered rifles, as well as a safe containing approximately $25,000-$30,000, according to the affidavit.

The affidavit notes Calvo has a criminal history that includes felony convictions.

According to records, Calvo admitted that the narcotics and firearms belonged to him before being taken to the Williamson County Jail.

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2024-05-07T22:52:00+00:00
14-year-old dead, 5 more teens shot in New York: police https://www.kxan.com/news/national-news/14-year-old-dead-5-more-teens-shot-in-new-york-police/ Mon, 06 May 2024 10:55:54 +0000 https://www.kxan.com/?p=2228725 BUFFALO, N.Y. (WIVB) — A 14-year-old girl is dead and five other teenagers are recovering after being shot in Buffalo, New York, late Saturday night according to authorities.

Buffalo police say they were called to a parking lot on the city's northside just before 11:30 p.m.

Officers found six teenagers, all between 14 and 16 years old, with gunshot wounds.

The 14-year-old girl was transported to Oishei Children's Hospital, where she was later pronounced dead.

Four males were transported to an area hospital by ambulance, including a 15-year-old boy who is listed in critical condition. A 16-year-old boy was grazed by gunfire but declined medical treatment at the scene.

“This is a senseless crime,” Buffalo mayor Byron Brown said during a press conference Sunday. “To open fire on a group of children absolutely makes no sense whatsoever.”

Police told local news radio station WUFO that "several hundred" teenagers were in the area for an event. Authorities were initially called around 10:20 p.m. for loud music at the event. Ten minutes later, they were notified of a reported fight.

It took about 30 minutes for the crowd to be dispersed. Shortly after 11 p.m., police received calls that shots had been fired and a person injured.

According to police, three handguns were believed to be present at the party.

“I urge anyone with information to come forward and assist law enforcement in their investigation,” said Buffalo Common Council Member Zeneta Everhart. “We must continue to stand united against gun violence, not just within Buffalo, but across our nation as well.”

Authorities believe the fight led to the shooting but say they are continuing to investigate the incident. Anyone with information is asked to call or text the confidential TIPCALL line at 716-847-2255.

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2024-05-06T10:55:55+00:00
Man dead in north Austin homicide; no suspect in custody https://www.kxan.com/news/local/austin/man-dead-in-north-austin-homicide-no-suspect-in-custody/ Sat, 04 May 2024 13:07:57 +0000 https://www.kxan.com/?p=2227092 AUSTIN (KXAN) — One man is dead after a homicide in north Austin early Saturday morning.

The Austin Police Department said it happened near Colony Creek Drive and Northgate Boulevard. Officers were in the area when they heard a disturbance at about 3:27 a.m.

APD officers checked the area and found a man in his 30s with trauma to his body. The man died at the scene, according to police.

APD on Tuesday identified the man as Nicholas Taylor, 38.

Officers believe Taylor was pulled from his vehicle and shot, then the suspect fled the area.

Police said there is no suspect in custody, and detectives are actively investigating. Police believe it was an isolated incident with no known threat to the public.

This is being investigated as Austin's 19th homicide of 2024, according to APD.

Anyone with any information is asked to contact the Austin Police Department at 512-974-TIPS. You may submit your tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or by calling 512-472-8477. A reward up to $1,000 may be available for any information that leads to an arrest.

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2024-05-07T15:25:53+00:00
Man admits to sexual acts on flight from Lubbock to Dallas https://www.kxan.com/news/texas/man-admits-to-sexual-acts-on-flight-from-lubbock-to-dallas/ Sat, 04 May 2024 12:33:26 +0000 https://www.kxan.com/?p=2225479 LUBBOCK, Texas — Julian Deshaud Immanuel Morris was accused of inappropriately touching himself next to a woman on a flight from Dallas to Lubbock, federal court records obtained Thursday stated.

According to court records, Morris, 26, is set to plead guilty to lewd acts on an aircraft on May 6.

Warning: Some details in this article could be disturbing for some readers.

Booking image of Julian Deshaud Immanuel Morris provided by the Lubbock County Detention Center

Court records said on March 29, Morris and a 25-year-old woman were sitting in the same row of the airplane, four seats apart. There were no other passengers on that row. As the airplane made the final approach into Lubbock, court records said Morris "removed his penis from his pants and started masturbating while looking at [the woman.]"

The woman saw what Morris was doing and looked again to confirm what was happening. Court documents said the woman was scared and started to cry. She called for flight attendants, who separated Morris and stayed with the woman.

Airport police boarded the plane and spoke with the victim who was visibly upset and shaking, court records said. When police talked to Morris, he told them his "zipper had gotten stuck" and he was trying to fix it when it exposed his private parts. Morris was arrested and police found two plastic bags of cocaine, court documents stated.

On April 1, a special agent with the FBI and an agent with the Department of Homeland Security interviewed Morris, who told authorities he wanted to apologize to the victim. Court records said Morris admitted to inappropriately touching himself in front of the woman. He also told the agents the cocaine was "old" and that he had not used it in a "while."

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2024-05-04T12:33:27+00:00
'Multiple hand-to-hand transactions': Arrest warrant provides more details in Austin overdose surge https://www.kxan.com/news/local/austin/multiple-hand-to-hand-transactions-arrest-warrant-provides-more-details-in-austin-overdose-surge/ Fri, 03 May 2024 22:55:31 +0000 https://www.kxan.com/?p=2226227 AUSTIN (KXAN) -- An arrest affidavit provided more details about two people considered persons of interest in the overdose surge that happened this week in downtown Austin. The Austin Police Department and Austin-Travis County EMS continue to investigate the sudden rise in overdoses.

APD officers and ATCEMS began responding to the suspected overdose calls around 9 a.m., April 29 in downtown Austin. Throughout the day, officials responded to other calls "within a few blocks of each other," according to the affidavit.

APD said it detained two persons of interest in connection with the series of overdoses on Wednesday.

One of the people was identified Thursday as Johnny Lee Wright, 55, according to police. Wright was charged with unlawful possession of a firearm by a felon, a third-degree felony.

Wright has a court-appointed attorney. KXAN is working to find contact information and will update this story if we receive a statement on behalf of Wright.

On Friday, ATCEMS declared the end of the overdose surge, according to a news release. From Monday to Friday, the agency said there were a total of 79 suspected overdose incidents, nine deaths and 438 doses of Narcan distributed.

How the persons of interest were identified

As a way to "detect/report crimes in progress and suspicious or illegal activity to officers" in the downtown area, the APD Real Time Crime Center (RTCC) "operates the High Activity Location Observation (H.A.L.O.) cameras in more than 40 locations" downtown, according to the affidavit.

The HALO cameras "produce a high resolution picture and possess powerful zoom capabilities," court records said. These cameras allowed HALO operators to see "multiple hand-to-hand transactions" between the first person of interest and Wright. The person would hand Wright the "suspected narcotics," and then he "would deliver them to the customer," according to the affidavit.

"This is a common practice in open-air drug markets, as the dealer attempts to distance themselves from the narcotics transaction," the affidavit said. Based off the HALO footage, investigators believe Wright and the other person were possible suspects distributing the narcotics to people who overdosed, court records said.

Both Wright and the other person "were known by officers who regularly worked the downtown area as narcotics dealers," according to police.

Wright has "several previous felony convictions," with the most recent one listed as unlawful possession of a firearm by a felon, according to the affidavit.

The other person, who has not been identified by police, was arrested on a charge of possession of a controlled substance, court records said.

Wright remained in the Travis County Jail on Friday on a $10,000 bond, according to online court records.

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2024-05-03T22:55:32+00:00
Downtown overdose spike likely from fentanyl-laced crack cocaine, APD says https://www.kxan.com/news/crime/downtown-overdose-spike-likely-from-fentanyl-laced-crack-cocaine-apd-says/ Fri, 03 May 2024 17:00:05 +0000 https://www.kxan.com/?p=2225565 AUSTIN (KXAN) — Detectives with the Austin Police Department seized crack cocaine that tested positive for fentanyl, and the agency now believes the spike in overdoses downtown was a result of people taking fentanyl-laced crack, APD said in a statement.

"Downtown has historically and is still an area of Austin which sees a higher level of crack use," APD said in a statement. "Officers in the downtown area command have put the word out."

As of Friday, ATCEMS responded to 79 overdoses in Austin, and nine people died. More information will be available once toxicology reports are complete, both APD and ATCEMS said.

ATCEMS said in a Friday press release the overdose numbers have leveled off and "it is now considering this event to be over."

"While some opioid overdoses continue, we are no longer seeing large volumes of incidents with similar signatures to those related to the surge," ATCEMS said.

Outreach teams with Urban Alchemy, the nonprofit that runs the ARCH - one of downtown's primary homeless shelters - are letting people downtown know about the crack-laced fentanyl and passing out the below flyers.

  • Fentanyl danger flyer

"At this time nothing points to a single organized group distributing the illicit narcotics in the city of Austin," APD said. "The Organized Crime Division is currently conducting proactive undercover operations in various parts of Austin in the attempt to locate and arrest narcotics dealers and obtain more information on the source of the fentanyl."

Police have arrested two people in connection with the overdoses. One person faces charges for a felon in possession of a firearm, another faces the third-degree felony of possession of a controlled substance.

ATCEMS has administered 438 doses of Narcan since Monday.

The Homeless Strategy Office said it's also conducting outreach in the homeless community regarding the recent overdoses, as well as handing out fentanyl test strips and Narcan.

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2024-05-03T23:34:25+00:00
Deputies search for suspect in deadly shooting in southeast Travis County https://www.kxan.com/news/crime/deputies-investigate-deadly-shooting-in-southeast-travis-county/ Fri, 03 May 2024 14:41:30 +0000 https://www.kxan.com/?p=2225315 TRAVIS COUNTY, Texas (KXAN) — Deputies are investigating a shooting that killed a man early Friday morning in southeast Travis County and asking the public to help identify a suspect.

The Travis County Sheriff's Office shared the homicide happened at a business located in the 5600 block of South U.S. 183, which is close to Austin-Bergstrom International Airport. Deputies said they initially responded to a call there at about 12:25 a.m. for reports about a "disturbance involving a gun," according to a news release.

Deputies said they found a man dead in the parking lot with several gunshot wounds.

The sheriff's office reported that witnesses saw the suspected gunman drive from the scene northbound on U.S. 183 in a white Ford two-door pickup truck with a toolbox in the truck's bed. They also released photos and a description, saying he is Hispanic, in his 20s-30s and last seen wearing a white short-sleeved polo, jeans, white Nikes with a black swoosh and a white ball cap over a blue durag.

man wearing white and a white ball cap
Security photos of a suspect in a shooting at a business off U.S. Highway 183 May 3 (Travis County Sheriff's Office Photo)

"The investigation to this point indicates this is an isolated incident and there is no perceived threat to the community," the sheriff's office said.

Deputies are not yet sharing the shooting victim's name until there's positive identification by the Travis County Medical Examiner and notification of family.

Anyone with information about the deadly shooting is asked to call the Travis County Sheriff's Office tip line at 512-854-1444 or Crime Stoppers at 512-472-8477.

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2024-05-06T13:59:57+00:00
Video shows private security guards administering Narcan in downtown Austin https://www.kxan.com/news/local/austin/video-shows-private-security-guards-administering-narcan-in-downtown-austin/ Thu, 02 May 2024 17:24:17 +0000 https://www.kxan.com/?p=2223073 Editor’s Note: The videos in this article show private security guards administering Narcan in downtown Austin. The video contains sensitive material. Viewer discretion is advised.

AUSTIN (KXAN) — The private security company hired by a group of downtown Austin businesses to patrol a portion of Sixth Street said guards helped administer Narcan this week amid a spike of overdoses.

As of Wednesday, Austin-Travis County EMS said it responded to about 70 suspected overdoses. As of Thursday afternoon, nine people died. 

"An increase in overdoses and more and more cases of member of the public just coming and flagging us down and asking for help," said John Cade with Nxt Lvl Security, the firm hired to work downtown.

Security guards administered 23 doses of Narcan between 16 people. On a normal week, the downtown team helps 1-5 people, according to the security company.

ATCEMS said it's grateful groups like private security guards carry Narcan, and the agency said on several occasions - because someone else administered Narcan - patients are already starting to wake up by the time medics get there. However, ATCEMS also said many overdose cases require more than one dose of Narcan, so medics often also deliver subsequent rounds.

"With this surge, they’re not necessarily attempting to take opioids. They’re using K2, crack cocaine, Xanax, a number of other substances," ATCEMS Captain Christa Stedman said. "Whatever is doing this is making its way into everything, and that's why we need people to be alert."

APD investigating overdose surge

On Thursday, APD identified one of two people considered as a person of interest in the overdose surge investigation. That person was identified as Johnny Lee Wright, and he was arrested for possession of a firearm. The second person was arrested for possession of a controlled substance, which is a third degree felony, according to police.

The agency said it has "seized approximately 3 grams of crack cocaine which tested positive for cocaine and fentanyl," APD said in a statement to KXAN.

APD believes the increase of overdoses downtown "was a result of ingesting" "crack cocaine potentially containing fentanyl."

However, the agency went on to say that it is "unable to positively say the cause of the overdose deaths were the result of fentanyl until toxicology testing has been completed" by the Travis County Medical Examiners Office. Furthermore, APD said "nothing points to a single organized group distributing the illicit narcotics" in the city at this time.

The APD Organized Crime Division continues to investigate the surge with undercover operations "in various parts of Austin" to find and arrest "narcotics dealers" and "obtain more information on the source of the fentanyl."

Private security hired last summer, in part, to deter illegal drug activity downtown

The company was hired last year to patrol the following streets amid a staffing shortage at the Austin Police Department:

  • The intersection of Sixth and Brazos Street
  • The intersection of Sixth Street and Congress Avenue
  • The 400-700 blocks of Sixth Street 

These private security patrols began last summer. The businesses who hired them said the primary goal was to deter illegal drug activity and unruly behavior downtown.

“Some building managers and owners have expressed needing constant security in these areas,” APD said in a statement when KXAN first asked about the security patrols last year. “APD cannot commit these resources to certain areas 24 hours a day/seven days a week, and is aware that some business owners and managers are opting to hire private security to ensure their businesses are protected.”

Anti-drug nonprofit hosting rally Friday

The nonprofit "Association of People Against Lethal Drugs" is hosting its annual rally starting at 4 p.m. Friday on the south steps of the Texas Capitol Building.

The event was already planned, it's not taking place because of this week's deadly cases, but organizers like Krissy Wells, who's running this year's event, said these incidents make their mission of calling for harsher penalties for dealers that much more important.

"We want people who are poisoning people on purpose and know their drug can kill people and just want to make a profit, we want them to go to prison, because that's where they belong," she said.

The event will run until 7 p.m.

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2024-05-03T15:41:57+00:00
'Heinous' murder of woman in Lubbock solved after nearly 50 years https://www.kxan.com/news/texas/heinous-murder-of-woman-in-lubbock-solved-after-nearly-50-years/ Thu, 02 May 2024 13:41:18 +0000 https://www.kxan.com/?p=2221416 Note: The video above reflects top headlines in the Lubbock, Texas, area from the morning of May 1, 2024.

LUBBOCK, Texas — The Lubbock Police Department on Wednesday announced the Metro Special Crimes Unit, along with multiple law enforcement agencies, has solved the murder of Elizabeth Ann Price, who was killed nearly five decades ago.

LPD said the suspect was a juvenile at the time of the murder, and a stranger to Price.

Police said Price was found dead at a gate house of the old Lubbock airport in the 6200 block of North Cedar Avenue on April 10, 1976. According to LPD, the scene was expansive. Evidence was collected, but police investigators were limited due to lab technology at the time.

More than 260 interviews were conducted from 1976 to 1984. Police said Henry Lee Lucas was charged in 1984 after a false confession. The charge was later dropped for Lucas, who made multiple false confessions over the years.

Evidence was submitted again years later in 2002, with the hopes that new DNA technology would lead to a break, but it did not. Police said in August of 2022, DNA was submitted to a testing group that was able to trace down a family tree.

One of the individuals, who was deceased, had DNA available to compare to police evidence. The DNA was sent back to a testing lab in Lubbock. On January 18, 2023, investigators got a match for the DNA and determined who was responsible for Price's "heinous" murder.

LPD said Texas state law does not allow the suspect's name to be released since the individual was a juvenile at the time of the murder. Since the suspect has passed away, LPD said no charges will be filed.

"The Metropolitan Special Crimes Unit would like to thank the Texas Rangers Cold Case team, the Lubbock Department of Public Safety Lab, the Lubbock Police Department’s Forensic Investigations Unit, and the Madison County Sheriff’s Office in Georgia. Without the tireless work from dozens of detectives throughout the years, this result would not have been possible," LPD stated in a press release.

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2024-05-02T13:41:20+00:00
Overdose surge: 2 detained after 70+ overdoses, multiple deaths in Austin https://www.kxan.com/news/overdose-surge-2-detained-after-70-overdoses-multiple-deaths-in-austin/ Thu, 02 May 2024 02:57:19 +0000 https://www.kxan.com/?p=2221908 AUSTIN (KXAN) — Two people believed to be persons of interest have been detained following an outbreak of overdoses that left multiple people dead, that's according to Austin-Travis County EMS.

As of Wednesday, ATCEMS responded to about 70 suspected overdoses, but there could be more as the week continues.

When ATCEMS was asked if all eight deaths involved in this outbreak were opioid-related, they told us, "I do know those eight were suspected of being opiate-related."

ATCEMS said they responded to 37 overdoses on Monday, 27 on Tuesday and seven on Wednesday.

“It is apparent there is a deadly batch of illicit narcotics in our community,” APD Asst. Chief Eric Fitzgerald said in a Tuesday press conference.

Following the influx of calls, EMS, the homeless strategy office, urban alchemy and nonprofits, like Texas Harm Reduction Alliance hit the ground to distribute Narcan.

ATCEMS said they distributed more than 400 doses to fight back against all the overdoses.

"Unquestionably it is helping," said ATCEMS spokesperson Captain Christa Stedman. "We have seen in just a number of days the numbers dramatically decline. That is a great thing and I think it speaks to the incredible work that our community health paramedic team and our partners have done in essentially flooding the city with Narcan. It is so easy to use you, don't hardly need any training."

Texas Harm Reduction Alliance said following the outbreak of overdoses, they, too, had teams out on the streets distributing Narcan.

THRA handed out more than 100 doses of NARCAN on Tuesday.

"We sourced more Narcan from other people in the community and made sure to have enough and then we went out and we made a point to talk to every single person we encountered about the risk of overdose, what's happening in the supply for people who maybe previously did not want to use Narcan," said Lily Hughes with Texas Harm Reduction Alliance. "We took extra time to do training and talk them through, and made sure every single person we talked to knew what was going on."

ATCEMS said the majority of the overdose calls started in downtown Austin, but later spread to other areas of Austin.

“When we see outbreaks like this, the suspicion is, essentially, there’s a new ‘batch’ in town,” City EMS Captain Christa Stedman said during the briefing. “It’s fairly likely that it’s from the same couple of sources because of the similar signatures that we’re seeing in the symptoms.”

APD's Narcotics Support Unit is actively pursuing leads to locate and arrest others who might be involved in distributing the illicit drugs involved with this incident.

APD has not released any information about the two suspects at this time, but there could be more arrests.

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2024-05-03T10:51:39+00:00
Georgetown woman convicted after receiving over $2M from fraudulent PPP loan applications, DOJ says https://www.kxan.com/news/local/georgetown-woman-convicted-after-receiving-over-2m-for-fraudulent-ppp-loans-doj-says/ Wed, 01 May 2024 18:50:29 +0000 https://www.kxan.com/?p=2220804 GEORGETOWN (KXAN) -- A Georgetown woman was convicted by a federal jury after receiving more than $2 million from fraudulent Paycheck Protection Program, or PPP, loan applications, according to the U.S. Department of Justice.

The DOJ said court documents and evidence presented at trial show that Tiffany Fullerton, 47, along with her husband and two other co-conspirators, used dormant and expired business names to submit five fraudulent PPP loan applications for more than $3 million.

According to the DOJ, four of those applications were funded, and the defendants received approximately $2.4 million in PPP funds.

The funds were used in an attempt to start a business in Oklahoma consisting of a marijuana grow and dispensary, a bar and grill, and an auto/boat repair shop, according to the DOJ. The defendants also used the money to buy a motorhome, luxury watches, a boat and other personal expenditures.

The DOJ said the three other defendants in the case, Michael Fullerton, David Scott Starkes and Joseph Robles, all pleaded guilty and await their sentencing hearings.

The IRS Criminal Investigation and the Treasury Inspector General for Tax Administration investigated the case.

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2024-05-01T18:57:17+00:00
San Marcos man sentenced to 10 years in federal prison for fentanyl distribution charge https://www.kxan.com/news/crime/san-marcos-man-sentenced-to-10-years-in-federal-prison-for-fentanyl-distribution-charge/ Tue, 30 Apr 2024 14:50:55 +0000 https://www.kxan.com/?p=2217800 SAN MARCOS, Texas (KXAN) -- A San Marcos man was sentenced to serve 120 months, or 10 years, in federal prison after pleading guilty to possession with intent to distribute fentanyl, according to the U.S. Department of Justice.

The DOJ said Colten Romeo Thayer, 20, was arrested during a traffic stop in August 2022 by Hays County sheriff's deputies.

Deputies searched his vehicle during the traffic stop and found a bag of 11 grams of fentanyl, according to the DOJ. Thayer had been purchasing fentanyl pills from other dealers in the Hays County area for personal use and to sell them, the DOJ said.

Thayer pleaded guilty to the charge on Dec. 21, 2023.

Thayer's co-defendant, Anthony Perez Rios pleaded guilty to a count of possession with intent to distribute 40 grams or more of a mixture or substance containing fentanyl, according to the DOJ. He is in federal custody and scheduled to be sentenced on May 23.

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2024-04-30T14:50:57+00:00
Man charged with murder in shooting near Rainey Street, police say https://www.kxan.com/news/local/austin/man-in-disturbance-before-deadly-shooting-near-rainey-street-police-say/ Mon, 29 Apr 2024 22:37:54 +0000 https://www.kxan.com/?p=2216692 AUSTIN (KXAN) — Homicide detectives found the man believed to be connected with a deadly shooting near Rainey Street over the weekend, the Austin Police Department said in a release Wednesday.

Timmel Eggleston, 25, is accused of shooting and killing a 24-year-old Saturday morning at the Quincy Apartments on 91 Red River St., APD said. Eggleston was arrested and charged with first-degree murder. As of Wednesday afternoon, he is in the Travis County jail, police said.

KXAN is working to find attorney information for Eggleston. This story will be updated once that information is available and a statement is provided.

APD identified the man who died in the shooting as Alan Picazzo, 24.

APD said it was called to the apartment complex for multiple shots fired calls Saturday around 6:30 a.m., according to an APD release.

Police found a man with "apparent gun shot wounds," the release said. Picazzo was taken to the hospital where he died from his injuries.

Witnesses told investigators it's believed Picazzo was "in a disturbance" with another person before the shooting, according to the release.

According to police, this incident is being investigated as Austin’s 17th homicide of 2024.

Anyone with any information can call APD at (512) 974-TIPS. You can submit a tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or by calling (512) 472-8477.

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2024-05-02T03:21:53+00:00
Sheriff's office looks for suspects connected to vandalism, criminal mischief in Georgetown https://www.kxan.com/news/local/williamson-county/sheriffs-office-looks-for-suspects-connected-to-vandalism-criminal-mischief-in-georgetown/ Sat, 27 Apr 2024 13:44:15 +0000 https://www.kxan.com/?p=2213135 WILLIAMSON COUNTY, Texas (KXAN) — The Williamson County Sheriff's Office is asking for help identifying suspects connected to three criminal mischief incidents in Georgetown.

On Friday, the sheriff's office said the suspects are connected to the vandalism at Congressman John Carter's office and other criminal mischief at the Republican party headquarters and Williamson County Courthouse in Georgetown.

Georgetown police responded on Monday to a call at Carter's office in Georgetown for a possible burglary and vandalism. A photo showed red paint splattered on the door with the phrase "Free Gaza" spray painted on the sidewalk.

The sheriff's office shared photos of a person of interest in the incidents and a photo of a silver Ford Fusion.

People with information can contact the sheriff's office, Georgetown Police Department or Williamson County Crimestoppers at 1-800-253-7867.

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2024-04-27T13:44:16+00:00
Man released on probation after serving 4 months in prison on attempted sex assault charge https://www.kxan.com/news/crime/man-released-on-probation-after-serving-4-months-in-prison-on-attempted-sex-assault-charge/ Fri, 26 Apr 2024 18:19:56 +0000 https://www.kxan.com/?p=2211666 AUSTIN (KXAN) — A man accused of sexually assaulting a woman at an Austin-area senior living and memory care facility in March 2022 was given probation, according to Travis County court documents.

Documents showed Sidney Leon Holmes was sentenced on a charge of attempt to commit aggravated sexual assault, a second-degree felony.

Court records showed Holmes was originally sentenced in November 2023 to serve 10 years in prison, with six months in shock community supervision, an alternate type of sentencing or early-release program in Texas.

Records showed Holmes’ sentence was modified March 26 and was changed to have him serve his remaining nine years and 6 months on probation.

During the term of community supervision, Holmes must follow specific terms set by the court, which include reporting to a supervision officer in the sex offender unit and having no contact with the victim.

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2024-04-26T18:19:58+00:00
Texas couple accused of starving toddler for years, killing by locking in freezing bathroom arrested https://www.kxan.com/news/texas/texas-couple-accused-of-starving-toddler-for-years-killing-by-locking-in-freezing-bathroom-arrested/ Fri, 26 Apr 2024 17:59:12 +0000 https://www.kxan.com/?p=2209619 EDITOR'S NOTE: The information and especially court documents included in this article are explicit and some may find it disturbing. Please use discretion before reading further.

ABILENE, Texas (KTAB/KRBC) - An Abilene couple accused of starving a toddler for years before locking him in a freezing bathroom, causing him to die of hypothermia, has been arrested.

Syhtel Lee Limuel and Mark Anthony Nieves were both taken into custody in Taylor County Wednesday on several warrants, including multiple counts of Injuring a Child and Abandoning/Endangering a Child. Limuel is also charged with Aggravated Kidnapping and Nieves is also charged with multiple counts of Assault of Pregnant Person and Evading Arrest.

All charges are related to an incident that occurred in San Angelo in January 2024.

Court documents state a 3-year-old boy named Josiah was brought to the hospital with a body temperature that was so low, he was unresponsive and died.

Investigators then learned, through interviews and crime scene photographs, that Josiah was likely locked in a freezing bathroom with no blankets and heat while the outside temperature was lower than 40 degrees.

Doctors who performed Josiah's autopsy believed the temperature of the tile floor where Josiah was found lying, coupled with the child's malnourishment (documents state he was in the 55th percentile at 1 month of age, 17th percentile at 1 year of age, 1 percentile at 3 years of age, and 0 percent at the time of the incident) led to his death.

The doctors also found Josiah's body showed signs of chronic stress and abuse, including multiple bruises, abrasions, and scars all over his face, neck, and body that were in various stages of healing.

Text messages summarized in the documents between Limuel and Nieves show that they had been corresponding about using food restriction to punish Josiah and they also admitted to forcing him to sit in front of the toilet on more than one occasion because he had problems with going to the bathroom on himself.

In the messages, both Limuel and Nieves allegedly admit they know they are starving Josiah and causing him to be unhealthy and that they need to stop leaving bruises on him.

They reference multiple occasions where they hide or withhold food from Josiah while he was starving and also talked about how he needs to be punished.

The documents also reveal that the messages contained three videos from the night Josiah died, showing him uncontrollably shaking while he was trying to eat a sandwich and also showing him sitting on the bathroom floor wheezing and shaking while rocking back and forth involuntarily. Doctors say these are signs of severe distress and indicated Josiah needed immediate medical attention.

Read more about the allegations against Limuel and Nieves, as well as a couple of incidents involving other children, in the court documents below:

No further information is available at this time.

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2024-04-26T17:59:14+00:00
APD looking for leads in assault that left woman in her 60s injured https://www.kxan.com/news/local/austin/apd-looking-for-leads-in-assault-that-left-woman-in-her-60s-injured/ Fri, 26 Apr 2024 14:29:03 +0000 https://www.kxan.com/?p=2211014 AUSTIN (KXAN) — Austin Police Department detectives are asking for the public's help finding leads in an aggravated assault that left a woman in her 60s injured earlier this year.

It happened on Monday, Feb. 19 between 5:50 a.m. and 6 a.m. Police said a Hispanic woman in her 60s showed up to her workplace with several severe head injuries and was taken to a hospital to be treated.

In their investigation, police found that she did not have injuries when she got off a CapMetro bus at a stop near the intersection of East Stassney Lane and South Pleasant Valley Road around 5:56 a.m.

Another CapMetro bus that was across the street captured video of her in a grassy area near the bus stop at 4701 East Stassney Lane at 6:05 a.m. The video showed the victim on the ground, appearing to be trying to get up, according to APD.

Police said based on her injuries, detectives suspect she was attacked or struck by a vehicle.

Anyone with any information should call APD's Aggravated Assault unit at 512-974-4940. You may also submit your tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or calling 512-472-8477. A reward of up to $1,000 may be available for any information that leads to an arrest.

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2024-04-26T14:29:04+00:00
Manor man convicted on wire fraud, money laundering charges https://www.kxan.com/news/crime/manor-man-convicted-on-wire-fraud-money-laundering-charges/ Fri, 26 Apr 2024 14:18:06 +0000 https://www.kxan.com/?p=2211099 AUSTIN (KXAN) — A Manor man arrested in July 2023 was convicted by a federal jury Wednesday on four counts of wire fraud and one count of money laundering, according to the U.S. Department of Justice.

The DOJ said between April 2021 and July 2023, 52-year-old Saint Jovite Youngblood, aka Kota Youngblood, claimed Mexican drug cartel members were planning to commit violence against his victims and offered protection from the cartels in exchange for money.

Youngblood falsely claimed to have been part of the U.S. Army’s Delta Force special operations unit to further persuade his victims he could protect them from the cartels, according to the DOJ.

“Youngblood also represented that funds obtained from his victim “investors” would be paid back with a significant return on the money. Instead, Youngblood allegedly used most of the money on junkets to Las Vegas to gamble in casinos,” the DOJ said.

The department said Youngblood faces up to 20 years in prison for each of the four wire fraud counts and up to 10 years for the money laundering count.

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2024-04-26T14:18:08+00:00
Press freedom advocates want change following Austin photojournalist protest arrest https://www.kxan.com/investigations/press-freedom-advocates-want-change-following-austin-photojournalist-protest-arrest/ Thu, 25 Apr 2024 21:11:04 +0000 https://www.kxan.com/?p=2209339 AUSTIN (KXAN) -- A FOX 7 photojournalist was released from jail Thursday -- one of dozens of people arrested during a pro-Palestine protest at the University of Texas at Austin -- charged with "criminal trespass," according to the Texas Department of Public Safety.

"They said that I hit an officer. I didn't hit an officer. They were pushing me. They were pushing me," the photojournalist, who identified himself as Carlos, told KXAN as he was led away in handcuffs Wednesday afternoon. "This never happened to me, you know what I mean? I was just covering things ... I told them I was press."

The arrest is sparking condemnation from press freedom and First Amendment advocates in Texas and across the country, including calls for a meeting with TxDPS and new legislation.

Society of Professional Journalists

"My first reaction to seeing that is this is a First Amendment violation and we cannot stand by and allow this to happen," said the president of the Society of Professional Journalists, Ashanti Blaize-Hopkins, who spoke out about the incident on X and shared her thoughts with KXAN.

"This is a journalist who has First Amendment protections to be able to observe this very highly publicized news story that's really unfolding across the country at college campuses," she said. "It is the right of every journalist to be able to be that first draft of history and inform the public about what's happening and also to hold the powerful account."

SPJ is the oldest journalism organization representing journalists in the U.S. The organization developed a code of ethics that is widely adopted by newsrooms across the country, including KXAN.

Blaize-Hopkins has requested a phone call with TxDPS Director Steven McCraw to discuss the arrest. One of the questions she wants to ask: "Does he feel like his law enforcement officers have the right to be able to prevent journalists from doing their First Amendment protected jobs?"

"I would say the answer is no," she said. "That should never happen."

Video taken by onlookers show the photojournalist, who was on assignment covering the protest and streaming live at the time, directly near law enforcement when he is thrown backwards to the ground.

TxDPS released a statement to KXAN on Friday saying the case has now been turned over to DPS' Criminal Investigations Division for "further investigation."

"Multiple videos -- many of which are readily available on social media -- show the photojournalist among the protesters as law enforcement officers work to disperse the group. He is seen hitting a DPS Trooper in front of him with his camera before Troopers pull him back and take him to the ground to arrest him," said TxDPS press secretary Sheridan Nolen.

"As a law enforcement agency, upholding the laws and freedom of the people of this state is our number one priority. The department believes strongly in a journalist's right to cover events of the day in a safe way; however, that does not except a person from following the law or the rules that have been out in place for the safety of others," Nolen added in a statement. "While the department understands the need to be on-site, it is never acceptable to interfere with official police duties and assaulting an officer of the law -- no matter the degree -- will never be tolerated."

The photojournalist was not charged with assaulting an officer.

On Friday, in response to TxDPS' statement, Blaize-Hopkins criticized the response on X as "unacceptable," said it feels like "retaliation and intimidation" and warned it could have a "chilling effect" on other journalists.

"Journalism is not a crime, and I suspect you know that," she said in a post directed to TxDPS. "This investigation should be dropped immediately!"

Asked if the photojournalist was too close to law enforcement, Blaize-Hopkins, who watched online videos of the arrest, said he was where he was supposed to be.

"When you are reporting on a story, your job is to get as close to the story as possible, to be the eyes and the ears of the people that can't be there," she said. "That is our job as journalists and what I saw from the video was a television news photographer doing exactly what he's supposed to do ... When I hear people say, 'You know, he shouldn't have been that close,' well, I would argue that's literally where he should be. That is where the story is and his job is to get the story and get that information out to the people so they can see what's happening on the ground when they can't be there."

KXAN reached out to FOX Television Stations and UT Austin about this arrest but did not immediately hear back.

Freedom of Information Foundation of Texas

The Freedom of Information Foundation of Texas said it "strongly denounces" the arrest of the news photographer.

"The Freedom of Information Foundation of Texas, which stands up for the First Amendment rights of free speech and free press, calls on law enforcement to respect those rights," said executive director Kelley Shannon. "That includes peaceful protest and news gathering. The police should not interfere with a working journalist doing his job covering the news in a public place."

National Press Photographers Association

The National Press Photographers Association released a statement saying it "strongly condemns" the arrest and called for charges to be dropped.

"The police interference with a journalist clearly engaged in news gathering on a matter of significant public concern is a clear violation of the First Amendment," said NPPA President Carey Wagner. "As we have in previous incidents nationwide, the NPPA stands ready to work with law enforcement to provide training to avoid a recurrence of such incidents in the future."

Committee to Protect Journalists

The Committee to Protect Journalists called on Texas authorities to "immediately" drop all charges and "take steps to ensure journalists can do their jobs safely and without interference."

"We are very concerned by the violent arrest of a FOX 7 Austin journalist who was simply doing his job covering matters of public interest," said CPJ's program director in New York, Carlos Martinez de la Serna. "CPJ’s email to the Austin police public information office requesting comment did not immediately receive a response."

California law a model?

Blaize-Hopkins points to a 2021 California law SPJ helped pass, known as Senate Bill 98, which protects journalists from law enforcement interference while covering civil unrest. She said the law allows reporters to "get the information out to the public without the fear of being detained or arrested by police."

The law expanded existing protections for journalists covering natural disaster areas in the state, allowing them to stay in place at their own risk during evacuations, Blaize-Hopkins said.

She would like to see a similar law adopted in Texas and beyond.

"I would say it's a template for what states should really adopt throughout the country," she added. "I think it's high time that maybe even a federal law that looks similar to that is in place to protect journalists, to ensure that the public can remain informed. Because without an informed public, our very democracy is at stake ... We have to keep fighting for democracy. It is not a given. And, I think when we see things like this, we have to stand up and say something."

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2024-04-29T14:41:46+00:00
Local businessman charged with multiple counts of arson https://www.kxan.com/news/local/austin/local-businessman-accused-of-intentionally-setting-fires-charged-with-multiple-counts-of-arson/ Thu, 25 Apr 2024 19:35:53 +0000 https://www.kxan.com/?p=2209283 AUSTIN (KXAN) — An Austin businessman was arrested and charged with multiple felony counts of first-degree arson, the Austin Fire Department said in a news release Wednesday.

AFD accused Continental Automotive Group founder Dorsey Bryan Hardeman, 75, of intentionally starting multiple fires. According to the agency, surveillance footage shows Hardeman, his SUV, and shows him setting the fires.

Dorsey Bryan Hardeman, 75 | Courtesy Austin Fire Department

The first fire that AFD connects to Hardeman was on Dec. 25, 2023, in the 500 block of Pampa Drive. The agency said Hardeman was attempting to purchase that property.

Then, on Feb. 17 and 20, fires were "intentionally set" at 4811 S. Congress Avenue, according to AFD. Investigators with AFD "believe this was in an effort to clear the property of two remaining mobile homes that were hindering the sale of development of the property."

During the investigation, officials said another fire was "intentionally set" on Feb. 25 at 400 Nueces Street.

Hardeman was arrested on April 24 and remains in the Travis County Jail, according to officials. AFD also said that he was previously arrested and charged with arson in connection to a Feb. 29 fire at 400 Nueces Street.

What led to the mobile home fires

Around 1:50 p.m. on Feb. 20, AFD was called to a mobile home fire at 4811 S. Congress Ave.

When AFD crews arrived, they reported "a strong gasoline like odor" and evidence of three recently burned fires, according to an affidavit obtained by KXAN. There was also fire damage to a vehicle and a mobile home, AFD said.

According to the affidavit, one of the mobile home's residents obtained video footage after the fire that showed a man, later identified as Hardeman, pouring "the contents of [a red] container out around the trailer." AFD said it could see Hardeman bending down by a parked vehicle -- described as a Mercedes-Benz SUV -- before he lit "the area on fire," court records said.

The resident attempted to extinguish the fire, and said they didn't know where the SUV or its driver went, court records said.

Both residents living in the mobile home told investigators they were in the process of moving out, but were having a hard time finding a place. Hardeman had purchased the property a month prior to the fire and expected the residents to have moved out by then, according to the affidavit.

According to the affidavit, residents said the crew that was clearing the property was "aggressive" toward them and that they needed to "move off the property quickly." Furthermore, Hardeman wrote one of the residents a $5,000 check to buy them out of the home rather than evict them, court records said.

One of Hardeman's business partners told investigators that mobile home #3 "was extremely old and way past its useful life." They said it was the only mobile home purchased by the property owner "and most of the other residents left on their own free will," court records said.

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2024-04-26T22:08:16+00:00
APD arrests man in connection to northwest Austin shooting that left 1 dead, 1 injured https://www.kxan.com/news/crime/apd-arrests-man-in-connection-to-northwest-austin-shooting-that-left-1-dead-1-injured/ Thu, 25 Apr 2024 16:28:11 +0000 https://www.kxan.com/?p=2208309 AUSTIN (KXAN) -- Austin Police arrested a man they say was involved in a shooting earlier this week that left one person dead and another seriously injured.

Around 5:58 p.m. Monday, Austin Police Department officers responded to the 11100 block of Research Boulevard for a shoot/stab hotshot call.

Police said a caller reported they saw a man running and shooting. Another caller said someone had been shot near the back of an apartment complex, and a third caller stated they saw someone get shot near the HEB, according to police.

When officers arrived on the scene, they found a man with "apparent gunshot wounds" near the intersection of U.S. Highway 183 Southbound and Balcones Woods Drive. Police identified him as Jose Rubio. He was pronounced dead on the scene, APD said.

Police said a second shooting victim was dropped off at a local hospital by a woman driving a Chevrolet Tahoe. She immediately left the emergency room after dropping the man off, according to APD.

Police later found the Tahoe in the parking lot of the hospital and found a man APD identified as Javier Vega-Funes inside. He got out of the Tahoe and tried to leave the scene on foot, but was detained by officers, APD said.

According to police, the second victim was the brother of Javier Vega-Funes.

APD said detectives and crime scene specialists determined through investigation that Jose Rubio shot the man who was at the hospital at 11215 Research Boulevard before leaving the scene on foot.

Javier Vega-Funes then helped that man into the Tahoe, left the apartment and caught up to Rubio, who was still on foot. According to police, Vega-Funes got out of the Tahoe and shot Rubio on the southbound frontage road of Highway 183 at the Balcones Woods Drive intersection.

Javier Vega-Funes, 29, was arrested Monday and faces a first-degree murder charge.

The second man remains in the hospital in critical condition, according to APD.

Anyone with any information is asked to contact the Austin Police Department at 512-974-TIPS. You may submit your tip anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or by calling 512-472-8477. A reward up to $1,000 may be available for any information that leads to an arrest.

This case is being investigated as Austin's 16th homicide of 2024.

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2024-04-25T16:28:12+00:00
Texas man's job history before sex abuse conviction highlights background check gaps https://www.kxan.com/investigations/texas-failed-to-fully-fund-system-flagging-those-who-shouldnt-work-with-kids/ Thu, 25 Apr 2024 12:00:00 +0000 https://www.kxan.com/?p=2193795

Investigative Summary:

Texas lawmakers passed a plan demanding a solution that warns schools and other child welfare agencies of state workers fired or reprimanded for misconduct. The do-not-hire search engine would pull thousands of disciplinary records from four state agencies, but we found lawmakers did not appropriate enough funding to complete it, and critical information would be missing under current plans.

LAMPASAS, Texas (KXAN) — On Megan Tabor's wedding day to Kasey Calvery, there was no way to anticipate the pain her husband-to-be would cause. Nearly two decades later, they're divorced — and he is at a state prison in Huntsville, Texas, convicted of sexually abusing a member of Tabor's family.

The girl whom Calvery abused came forward years after the abuse ended, and when she did, Tabor said it was to stop him from hurting someone else.

"It hit too close to home. She couldn't keep quiet anymore," Tabor said.

Her courage and a court filing in what became a criminal case against Calvery for continuous sexual abuse brought to light a history of misconduct stretching far beyond their family. It highlighted systemic issues with how Texas vets people who work around children and how, over the years, attempts to close the loopholes in Texas have fallen short.

Slipping through the cracks


           man in a cowboy hat

Photo of Kasey Calvery from a family album (KXAN Photo)

In February 2023, Lampasas prosecutors filed a two-page letter listing allegations against Calvery dating back to his time as a firefighter in Longview, Texas. Years before he began teaching, the court filing showed the city of Longview forced Calvery to resign after a fellow firefighter accused him of touching her breast.

At his next job as a paramedic in Copperas Cove, court and personnel records show he was fired after he admitted to inappropriately touching a patient in the back of an ambulance.

As a result, Texas Health and Human Services emergency suspended his license in 2008, and a local reporter even wrote an article on the incident in the paper. The City of Copperas Cove declined to comment further because it was a personnel matter. 

Despite his past, court records show he went on to work around children. First, at a residential facility in Goldthwaite for boys and girls with emotional and behavioral problems called New Horizons. HHSC inspection reports show that at one point, he was banned from physically restraining the children there for 60 days and put on a corrective action plan.

Calvery then went to work as a behavioral intervention teacher at Lampasas Independent School District in 2012, and then as a special education teacher at Copperas Cove Independent School District until 2018. He was a special education teacher and coach at Ector County Independent School District up until an Odessa High School student reported sexual abuse in 2020.  

A grand jury in Ector County decided not to indict Calvery based on the report at Odessa High School, but news of the decision was the catalyst for Tabor's family member to go to police about her own abuse.

Calvery did not respond to the letter we sent him in prison, and his attorney did not provide a statement after several emails asking questions about his client.

A state solution with flaws

Calvery’s work history underscores why, in recent years, Texas lawmakers have passed bills addressing the state’s issues with background checks that lead to bad actors gaining employment around vulnerable populations.

“Evil is always going to find a crack to try to slip through, and our job is to expose those cracks and then fix those cracks,” said Texas State Sen. Lois Kolkhorst, R-Brenham.

In 2023, on the heels of a backgrounding issue at a Bastrop residential facility for sex-trafficked teens, Sen. Kolkhorst's Senate Bill 1849 sought to create one search engine that allowed access to do-not-hire databases from the Texas Education Agency, Juvenile Justice Department, Health and Human Services and the Department of Family Protective Services.

The state requires school districts and other facilities that care for children to run background checks on employees. These checks can produce criminal records but don't clearly show state agency misconduct records and do-not-hire warnings. The search engine would allow employers access to one central repository to screen for red flags in a prospective employee's history.

But despite the bill's passing, the plan to create the search engine still has cracks. Disciplinary records on law enforcement officers kept by the Texas Commission on Law Enforcement are not set to be included. This means employers would potentially miss out on records showing whether a prospective employee is a former officer whose TCOLE license has been suspended or revoked over misconduct. The data would only be immediately available to schools or other police departments for hiring.

According to the agency, while HHSC’s Misconduct Registry will be accessible through the search engine, its licensing data will not. The licensing search was the only query that noted a disciplinary issue with Calvery until 2024. It showed the emergency suspension of Calvery’s EMT license in 2008 following the allegations that he inappropriately touched a patient.

“Yeah, that would be something that could be included, for sure,” Kolkhorst said. But it’s a fix she said will likely need to come from additional legislation.

“You’re kind of looking at, now, we’re going to spread 1849 out," Kolkhorst said.

Although some of this data, including HHSC’s license search, is available online, many school districts and other employers in child settings limit their searches and reference checks to the work history provided by a job candidate. In the case of Calvery, Ector CISD officials said he left several of his previous work experiences off his resume, including his time at Longview Fire Department, Copperas Cove Fire Department and New Horizons.

That's the main problem the search engine aims to fix by creating one central repository for employers to search a name and see results from multiple agencies’ misconduct records; even those the employer is not aware would have records on the candidate.

KXAN found the legislation is also facing funding challenges. Officials with Texas Health and Human Services told KXAN that additional legislative resources during the next session would be necessary to implement SB 1849 and start using the search engine.

The Department of Information Resources, or DIR, is tasked with designing the search engine. Lawmakers appropriated $8 million in the last regular session for the project. Kolkhorst said the search engine is projected to cost between $17 million and $23 million.

“They said, 'here’s the seed money […] because it won’t be accomplished if we put the full amount in upfront, you know, it’ll sit idle,'” Kolkhorst said. “I know that all of us have a commitment. I believe Senate Bill 1849 was unanimous, and it will be funded, and it will be fully funded and operational.”

What's next?

The law requires DIR and all the participating state agencies to enter a memorandum of understanding, specifying each agency’s roles and duties in establishing and maintaining the database. However, nearly eight months after the bill became law, agency officials say they have not signed an agreement.

The memorandum is being drafted, but according to DIR officials, it will not be finalized until after the assessment and work plan are completed to determine each agency’s roles and responsibilities.

In April, Lt. Gov. Dan Patrick added SB 1849 to the list of issues he wants lawmakers to study and recommend improvements before the next legislative session.

Both Kolkhorst and Sen. Paul Bettencourt already vowed to file new legislation that adds school contractors to the list of school personnel that the Texas Education Agency can investigate. Problem contractors could then be added to the agency’s Do Not Hire list and subsequently to the anticipated search engine.

Education Commissioner Mike Morath highlighted his agency’s inability to compel school districts to report contractors for alleged misconduct in a letter to Sen. Bettencourt. He wrote it following KXAN’s investigation into a non-profit tutor who was able to get an assignment at an Austin Independent School District high school. Records show that, at the same time, TJJD was investigating him for sexual misconduct.

Sen. Kolkhorst said the search engine needs to be available to school districts immediately but added it will likely not be operational until fall 2025. HHSC officials said in hearings on SB 1849 that the search engine will be released in phases. In the first phase, the TEA, DFPS, HHSC, and TJJD will have access to the search engine. Access will be expanded in the second phase.  

Where's Calvery now?

Calvery is set to be in prison for 25 years, but while he is imprisoned, and likely still when he gets out, his name will be in the TEA's Do Not Hire database. The agency added his name and revoked his teaching certificate after he was convicted in August.

Records of Calvery's misconduct are scattered and fragmented across the state. Many documents reflecting Calvery's work history have been purged from the city, school districts and facilities where he used to be employed because of the state laws dictating how long records must be stored.

Copperas Cove ISD officials said it purged district files on Calvery in September 2023, a month after providing his records to KXAN in a public information request. The district said the purge was due to the district’s retention schedule. In response to our follow-up questions about the personnel file we obtained and Calvery's time at the district, officials said they could not respond because they no longer had the documents in their possession.

New Horizon officials said they no longer have records on Calvery and, therefore, can't talk about him because of how long ago he worked there. The program administrator said the state only requires facilities to maintain records for a year after an employee's last work date.

If not for his conviction, records on Calvery's history would have likely faded out of the public record entirely, widening the blind spots for those entrusted with protecting the most vulnerable.

Digital Data Reporter Christopher Adams, Graphic Artist Wendy Gonzalez, Director of Investigations & Innovation Josh Hinkle, Lead Editor Eric Lefenfeld, Investigative Photojournalist Christopher Nelson, Graphic Artist Christina Staggs, Investigative Reporter Avery Travis and Digital Director Kate Winkle contributed to this report.

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2024-04-27T03:15:48+00:00
Family of man shot by San Marcos police officer to host vigil, demands transparency https://www.kxan.com/news/local/san-marcos/family-of-man-shot-by-san-marcos-police-officer-to-host-vigil-demand-transparency/ Wed, 24 Apr 2024 22:29:26 +0000 https://www.kxan.com/?p=2207353 SAN MARCOS, Texas (KXAN) – The family of an unhoused man who a San Marcos Police officer killed will hold a vigil Thursday at 6:30 p.m. at San Marcos City Hall. In a press release sent Tuesday, the family asked for greater transparency from SMPD. 

Two witnesses told police that 22-year-old Malachai Williams was following them from a convenience store to their home in San Marcos on the night of April 11. The witnesses told police they did not want Williams to know where they lived, so they walked past their home. 

At one point, Williams pulled out two knives with eight-inch blades and “threatened them both.” The two people ran into the home and called 911.

When Police arrived, they found Williams at the same convenience store on Cheatham Street in San Marcos. Police said Williams ran away with one knife still visible in his hand toward a group of nearly a dozen people, police said. 

Officers said they attempted twice to deploy stun guns but that they were unsuccessful. A pursuing officer, whom SMPD has not named, shot Williams. He was then taken to Seton Hays Hospital in Kyle where he was pronounced dead, per SMPD. 

Police said the stun gun probes likely did not connect because both the officer and Williams were quickly running. 

Williams’ family said that he was an intelligent, funny man who was dealing with mental health issues. His mother, Shanta Miller said she was getting ready to take him to a psychiatrist and to find a new home next month. 

“He was about to start a new life and finally get a chance to pursue his musical talent. Now he’s gone, and the police won’t even let me see his body,” Miller was quoted saying in a press release. 

The officer who shot Williams was wearing a body-worn camera. SMPD said since the incident is still being investigated, it will not release the footage until the investigation has concluded. 

Wiliams’ grandfather, Pastor Wayne Miller, said he wished the police would be more transparent so that his family can have closure.   

“Give us access to what we need in order to say you are justifiable in what you did. Or if you should be punished for what you did. No one is above the law and no one is under the law,” he said.

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2024-04-25T19:18:47+00:00
Austin Police officer resigns after being charged with trespassing in ex's apartment https://www.kxan.com/news/crime/austin-police-officer-resigns-after-being-charged-with-trespassing-in-exs-apartment/ Wed, 24 Apr 2024 17:20:07 +0000 https://www.kxan.com/?p=2206353 AUSTIN (KXAN) — An Austin Police officer was arrested in March after allegedly entering his ex-girlfriend's apartment without permission, according to Travis County court records.

Juan Asencio — who was an APD senior officer at the time, according to court documents — was charged with one misdemeanor count of criminal trespass. He was arrested March 25 after a Travis County Sheriff's Office investigation.

According to APD and Asencio's attorney, he resigned from APD after his arrest and is currently no longer with the department.

"Asencio did resign so he can focus on the criminal case," Asencio's attorney Brad Heilman said in a statement. "The probable cause affidavit doesn't show all the facts, and he looks forward to presenting all of the facts in his defense."

"Per standard protocol, upon receiving notice, the Department immediately placed Officer Asencio on restricted duty and initiated an administrative investigation into this incident" APD said in a statement. "Former Officer Asensio has since resigned from the Austin Police Department, effective April 1, 2024. No further information will be released at this time to protect the ongoing investigation."

Asencio was released the morning of March 25 under a $10,000 bond. Per further conditions of his bond, he is not to contact or be within 200 yards of his ex. He is also not permitted to possess a firearm and his personal vehicle must remain under GPS tracking pending the case's outcome.

Investigation into apartment trespass

According to an arrest affidavit, one of the victim's neighbors texted her around 11:45 p.m. on March 13 that they saw a man in her apartment.

That neighbor claims the man attempted to get their attention, but they ran to their apartment and contacted another neighbor. Those neighbors then checked the victim's apartment, noticing an open window and an unlocked back door, according to the affidavit. They reported hearing a noise and ran back to their apartments.

After the victim and law enforcement arrived on scene on March 14, she told the deputies her ex-boyfriend knew she would return from a business trip that day. He allegedly texted her on March 13, "Do you mind contacting me please. We really need to talk," but she said she didn't see the message until March 14.

Inside her apartment, she found that her laptop and letters written to her by Asencio had been moved, according to the affidavit.

APD provided vehicle data for Asencio's unmarked police SUV, which allegedly shows that the SUV was driven for several miles before stopping at 10:11 p.m. on March 13. According to the affidavit, surveillance footage from the apartment complex shows a vehicle matching Asencio's police SUV arriving at that same time. The vehicle data also allegedly shows the vehicle moving again at 3:30 a.m. on March 14.

The distance traveled matches the distance between Asencio's residence and the victim's apartment, according to the TCSO detective.

In the affidavit, the victim also told the TCSO detective that after her breakup with Asencio, he showed up at her home at night and knocked on her door until she let him inside.

She also told TCSO that she found an Apple Air Tag, a remote tracking device, inside her car a few months before. Her phone alerted her to the tracker, which she found "under the carpet approximately six to eight inches" from the passenger side door, which the affidavit noted "would have been almost impossible for the device to get there on its own." Asencio told her it "must have fallen out of his gym bag," according to the affidavit.

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2024-04-24T18:30:32+00:00
3 arrested in Georgetown drug bust; Drugs and guns confiscated at scene https://www.kxan.com/news/local/williamson-county/3-arrested-in-georgetown-drug-bust-drugs-and-guns-confiscated-at-scene/ Wed, 24 Apr 2024 15:20:16 +0000 https://www.kxan.com/?p=2206092 GEORGETOWN, Texas (KXAN) -- Over the weekend, the Williamson County Sheriff's Office arrested three people and seized what it called a "significant amount" of suspected illegal drugs, weapons, and paraphernalia associated with drug trafficking.

WCSO said it executed a search warrant on Pinnacle Drive on Saturday along with its Organized Crime Unit and SWAT, as well as K9 units.

WCSO confiscated the following:

  • Approximately 4.5 pounds of suspected marijuana
  • Approximately 3.7 grams of suspected cocaine
  • Approximately 22.4 grams of suspected methamphetamine
  • Approximately 29.1 grams of suspected fentanyl (equivalent to approximately
    206 pills)
  • Approximately 140.7 grams of suspected THC
  • Approximately $13,000 in cash
  • 2 handguns with magazines and ammunition
  • Paraphernalia
  • Cell phones

Three people were taken into custody at the scene.

Patrick Jones, 28, faces drug-related charges and a charge of a felon in possession of a firearm. Shirley Erickson, 37, faces drug-related charges. Izaiah Miller, 18, also faces drug-related charges.

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2024-04-24T15:20:17+00:00
Travis County test runs counsel at first appearance https://www.kxan.com/news/crime/travis-county-test-runs-counsel-at-first-appearance/ Wed, 24 Apr 2024 02:26:45 +0000 https://www.kxan.com/?p=2204811 AUSTIN (KXAN) -- Currently, arrestees in Travis County don't always have an attorney with them at their first court appearance.

According to the National Legal Aid and Defender Association, ensuring attorneys early on can reduce jail populations and save taxpayers money by reducing criminal justice costs.

Travis County supports the idea of this prospect - which is called "counsel at first appearance" or CAFA - but so far, staffing, infrastructure and procedural challenges have hindered its implementation.

Bradley Hargis and reporter.
Bradley Hargis with the Capital Area Private Defender Service worked with arrestees at the test shift Tuesday.

So the team launched a new pilot Tuesday that provided the space and resources for these arrestees to have the chance to meet with a lawyer before facing a judge.

"We have a private defender service and a public defender service, both of which are representing clients, we're splitting it basically 50/50 today," Bradley Hargis with the Capital Area Private Defender Service said. He worked the pilot all afternoon and evening Tuesday and stepped out to speak with us about CAFA. "The challenges are mainly logistical, everyone agrees in principle."

The pilot ran from 2 p.m. to 10 p.m. Tuesday. Another session will take place Thursday.

"The advantage for both the client and the community is that you have a prosecutor AND a defense attorney giving the judge the best possible information. So whether it's what's the client's home life like... but also the prosecutors are being heard on their safety concerns," Hargis said.

Travis County could not provide comment on the test shift process Tuesday.

ACLU sues Travis County over issues with counsel at first appearance

About two weeks ago, the ACLU of Texas sued Travis County for allegedly denying people the right to legal counsel.

A county spokesperson said Tuesday's pilot was not a result of the lawsuit and had been in the works for a while.

The ACLU claims the lack of counsel at first appearance can result in arrestees providing information that could hurt their case.

An Austin defense attorney KXAN spoke with said judges in town are fair and wouldn't let such statements be used in any sort of trial.

You can read more about the ACLU's lawsuit here in our previous coverage.

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2024-04-24T02:27:12+00:00
Two arrested, one at large in connection with Lee County homicide https://www.kxan.com/news/crime/two-arrested-one-at-large-in-connection-to-lee-county-homicide/ Tue, 23 Apr 2024 21:18:55 +0000 https://www.kxan.com/?p=2204685 LEE COUNTY, Texas (KXAN) -- Two of three people were arrested in connection with a homicide that happened in Lee County back in March, the Lee County Sheriff's Office said in a news release.

Around 9:54 a.m. on March 5, LCSO responded to a report of a dead person in the 100 block of County Road 123 in Ledbetter, Texas, the agency said in a news release. When deputies arrived on the scene, they found a man with “apparent gunshot wounds.”

Officials identified the victim as Carlos Ramone Greene, 36.

On Monday, April 22, three warrants were issued for three people, according to LCSO.

The first person is Jayden Dangelo Medearis, 18, of Giddings. He was found in Midland and was arrested by the Midland Police SWAT team, according to LCSO. He was then transported to the Lee County Jail and booked on a capital murder charge.

The second person is Tavion Malique Williams, 19, of Midland. Although Williams was believed to be in Midland, he still has not been found at this time, according to LCSO. Anyone with any information on his whereabouts is urged to contact law enforcement.

The last person is Atlantic Eredia-Johnson, 27, of Giddings. He was found in Gonzales and was arrested by the Gonzales Police Department, according to LCSO. He remains in the Gonzales County Jail. Eredia-Johnson faces murder and aggravated robbery charges, the release said.

The homicide investigation is ongoing. No other details were released Tuesday.

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2024-04-23T22:46:44+00:00
APD: 1 dead, 1 seriously injured in northwest Austin shooting https://www.kxan.com/news/local/austin/apd-investigating-homicide-in-northwest-austin-2/ Tue, 23 Apr 2024 01:00:57 +0000 https://www.kxan.com/?p=2203153 AUSTIN (KXAN) -- One person is dead, and another was seriously injured after a shooting at a northwest Austin apartment complex.

Around 5:58 p.m., officers responded to the 11100 block of Research Boulevard for a shoot/stab hotshot call, APD Public Information Officer Wesley Belcher said during a media briefing. That's near Balcones Woods Drive and Braker Lane.

The Austin Police Department is investigating a homicide that happened in northwest Austin Monday | Jordan Belt/KXAN News

Wesley said the first response from officers was at an apartment complex on Research Boulevard, and that is where the first scene was with several bullet casings.

Wesley said the shooting started at the apartment complex and then wound up on the service road.

The other person involved in the shooting is in critical condition at the hospital, Wesley said.

Police said this was an isolated incident, and there was no threat to the public.

APD is interviewing several witnesses. No other details were provided Monday.

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2024-04-23T15:43:51+00:00
'Sip Safely' pilot gives Austin bars drink-spiking test strips https://www.kxan.com/news/crime/sip-safely-pilot-gives-austin-bars-drink-spiking-test-strips/ Mon, 22 Apr 2024 21:17:16 +0000 https://www.kxan.com/?p=2202681 AUSTIN (KXAN) -- Fifty bars have joined a new city pilot program aimed at keeping safe while going out in Austin's entertainment districts, city officials said Monday.

The campaign is called "Sip Safely".

The $100,000 pilot program funds alcohol test strips that would allow patrons to see if their drinks got spiked, as well as drink covers fliers. Participating bars can hang fliers letting customers know the test strips are available.

Sip Safely is a pilot program designed to raise awareness around drink spiking and prevention in Austin’s entertainment districts (KXAN Photo/Ed Zavala)

"Drink spiking often precedes other types of crime," said Brian Block, the manager for the city's Nightlife and Entertainment Services program.

Council Member Zo Qadri brought forth the idea in the city's previous budget cycle.

"Heard from many constituents who both frequented Sixth Street and Rainey Street, whether they themselves had gotten a drink spiked or a loved one, so it was big enough problem," Qadri said. "And if it's one person, that's one person too many, and that's why we took notice and worked on this item."

Teddie Hickey, the assistant general manager of Friends Bar on Sixth Street, said the business gladly joined the pilot program.

"We strive to create a safe place to listen to live music here, that's our goal," she said.

Law enforcement officials said the prevalence of drink spiking can be difficult to quantify.

Last year, KXAN spoke with city leaders in West Hollywood, Calif., where a similar program was launched. Qadri said he modeled his idea off of West Hollywood's.

Public safety leaders there said there currently aren’t numbers to quantify whether the testing strips led to fewer drinks getting spiked, but a California council member said several bars called his office multiple times to request more of the strips. West Hollywood's director of community safety said 31,728 test kits were distributed to 38 participating businesses as part of the program.

During Monday's press conference about the Austin pilot, city leaders did not provide specific information in response to questions about ways it currently plans to monitor the success of the program, but they did mention how they hope it serves as a deterrent.

"The more we can get exposure for this campaign, the more bars and venues that are participating, the more we can get the message out," said Block.

You can see all of the bars participating in the "Sip Safely" program here.

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2024-04-23T02:29:23+00:00
Semitruck driver charged with DWI after crashing into 10 parked vehicles in east Austin https://www.kxan.com/news/local/austin/semitruck-crashes-into-10-parked-vehicles-in-east-austin-overnight/ Mon, 22 Apr 2024 11:29:45 +0000 https://www.kxan.com/?p=2201657 AUSTIN (KXAN) — The Austin Police Department arrested and charged a semitruck driver with a DWI after the driver reportedly hit 10 parked vehicles overnight in east Austin.

Police responded to the crash site around 11:38 p.m. Sunday, near the intersection of Embassy Drive and East Ninth Street. The driver, identified as 27-year-old Trevonte Martez Shon Neville, remained on the scene inside the 18-wheeler, police said.

Police said no one was injured. In an update Monday morning, APD officials confirmed there wasn't a pursuit related to the crash incident and the semitruck had not been stolen.

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2024-04-22T22:34:52+00:00
Court documents reveal suspect admitted 'responsibility' for death of missing Kansas women https://www.kxan.com/news/court-documents-reveal-suspect-admitted-responsibility-for-death-of-missing-kansas-women/ Sat, 20 Apr 2024 18:37:48 +0000 https://www.kxan.com/?p=2197021 OKLAHOMA (KSNW) - A suspect in the case of two missing Kansas women admitted responsibility for their deaths, according to court documents newly obtained by Nexstar's KSN.

In the motions to hold four defendants without bail, it is stated, in part, that suspect Tifany Adams, 54, "did provide a recorded statement to law enforcement indicating her responsibility for the death of the deceased."

The bodies of 27-year-old Veronica Butler and 39-year-old Jilian Kelley were found in rural Texas County on Sunday.

Tad Cullum, Tifany Adams, Cole and Cora Twombly first court appearance in Texas County, Oklahoma on April 17, 2024. (KSN Photo)

What Adams, the grandmother of Butler’s children, said in the recorded statement was not revealed in the court documents.

Adams was arrested Saturday along with her boyfriend, Tad Cullum, 43; Cora Twombly, 44, and her husband, Cole Twombly, 50, on charges of kidnapping and first-degree murder. All were members of the self-proclaimed anti-government group “God’s Misfits.”

The maximum sentence for murder is death, life or life without parole.

"Now faced with the consequences of a sentence of death or life in prison, the defendants would be willing to do anything since they have shown to be willing to commit capital murder in order to limit Veronica's visitation," court documents state.

The court documents also revealed that the bodies of Butler and Kelley were found in a pasture below a dam that Cullum rents for cattle grazing. The property, which is located 8.5 miles from the location where the women disappeared and where Butler's vehicle was found, had fresh dirt work done, and discarded burner phones were found.

"The area of disturbed dirt was excavated, and the bodies of two individuals were discovered," the court document states.

The bodies were identified Tuesday as those of Butler and Kelley. The court documents also stated that they died of foul play but did not go into details. They had disappeared on March 30 while driving to pick up Butler's children.

Prosecutors say there had been many attempts to take Butler's life. Other court documents show the years of turmoil between Butler and Adams, but efforts to secure a protection order did not get a judge's approval.

KSN on Wednesday spoke with Clinton Butler, Veronica Butler's father. When asked if he felt the justice system failed his daughter, he responded, "One hundred percent."

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2024-04-20T18:37:48+00:00
Petition to remove Travis County DA José Garza accepted, judge appoints prosecutor https://www.kxan.com/investigations/petition-to-remove-travis-county-da-jose-garza-granted/ Sat, 20 Apr 2024 12:24:55 +0000 https://www.kxan.com/?p=2199559 AUSTIN (KXAN) — A petition filed in the 455th Travis County District Court on April 8 calling for the removal of Travis County District Attorney José Garza was accepted for consideration Friday afternoon by Dib Waldrip, the 433rd District Judge in Comal County and Presiding Judge of the 3rd Administrative Judicial Region.

Waldrip, who was appointed by Texas Gov. Greg Abbott to serve as the Presiding Judge of the 3rd Administrative Judicial Region in 2022, was assigned to the case on Apr. 10.

Additionally, Waldrip appointed Bell County Attorney Jim Nichols to represent the State as "a qualified and appropriate prosecuting attorney from within the region."

According to the court records, Nichols was selected by Waldrip after considering available options in accordance with Texas' statute stating "the county attorney of the jurisdiction serves as counsel for the State in actions to remove an officer, except when such an action seeks removal of a prosecuting attorney."

Nichols will investigate the allegations against Garza before the matter is brought before Waldrip, who will decide if the case moves forward to a jury trial. Garza will remain in his official capacity pending a jury's verdict.

On Saturday, Garza sent a statement to KXAN:

"Every day, our office works to bring justice to Travis County and keep people safe. Last month, a few billionaires and MAGA Republicans and their dark money PAC failed to stop our progress at the ballot box. Now, one month later, their allies are wasting taxpayer money trying to undermine the decision of the voters of Travis County. They failed once, and they'll fail again."

A citation issued by the court requires Garza to appear May 16 in a Travis County district courtroom for a hearing on the case.

Comal County's court administrator told KXAN that right now, Judge Waldrip won't comment on this pending case before him.

KXAN reached out to Abbott and Nichols about the matter and will update this story once a response is received.

The petition's allegations

The petition argues "incompetency and official misconduct" related to the policies enforced by Garza about the who and what criminal offenses his office prosecutes.

Specifically, the petition references three issues supporting these allegations:

  1. Defendant singles out law enforcement officials by automatically, indiscriminately, presenting charges against them to grand juries;
  2. Defendant maintains a "do not call to testify" list of law enforcement officials who he deems unfit to testify and disqualifies from serving as witnesses for the State of Texas; and,
  3. Defendant refuses to prosecute a class or type of criminal offense under state law.

The 21-page petition goes on to detail policies and evidence that allegedly show violations of the Texas Code of Criminal Procedure such as presenting cases to grand juries that are not supported by probable cause and discriminatory practices specific to law enforcement officers.

"Tonight is a watershed moment for public safety in Austin. A Travis County resident has filed a substantive petition under HB17 alleging serious and provable violations of state law which, if proven, must result in DA Garza’s removal from office," said Save Austin Now co-founder Matt Mackowiak. "This is the beginning of the end for DA Garza’s reign of terror for our community, ignoring the wishes of crime victims, attacking law enforcement and enabling criminal activity through an indiscriminate refusal to uphold his oath and prosecute violent crimes. We want to thank the petitioner for her courage and seriousness.”

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2024-04-22T14:52:35+00:00
DA: No charges filed against man accused of murder https://www.kxan.com/news/local/austin/da-no-charges-filed-against-man-accused-of-murder/ Fri, 19 Apr 2024 16:31:47 +0000 https://www.kxan.com/?p=2198802 AUSTIN (KXAN) — The Travis County District Attorney’s office chose not to file charges against a man accused of murder, according to court documents dated April 4.

The documents said the DA’s office required further investigation was needed by the Austin Police Department into the case against 18-year-old Andrew Aviles.

“Currently, there is insufficient evidence to proceed;  however, the matter will be re-reviewed by the Travis County District Attorney’s Office should additional evidence supporting a criminal charge be obtained.”

The DA’s Office said it was still waiting on medical reports, ballistics evidence and phone extractions.

Aviles was originally arrested in Elgin in January in connection with the November 2023 death of 16-year-old Patrick Valadez.

According to Travis County jail records, Aviles remained in custody on three out-of-county charges as of Friday.

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2024-04-19T16:31:49+00:00