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Government Says Butler Statements ‘Voluntary’

Amanda — Mon, 13 May 2013 06:45:12 +0000

By Larry Briscoe
Correspondent
A United States attorney said this week statements made by bank robbery suspect Johnny Butler to Federal Bureau of Investigation (FBI) agents were voluntary and without coercion.
U.S. Attorney for the Northern District of Texas Sarah R. Saldana responded to claims by Butler in a motion to suppress that because of his medical condition, his statements to law enforcement officials should be suppressed.
In the government’s response, Saldana states, “On Aug. 2, 2012, Johnny Charles Butler was shot by a Special Weapons and Tactics (SWAT) agent with the FBI during the execution of a federal search warrant at his residence in Quinlan, Tex. While in federal custody, and receiving treatment for his minor gunshot wound at the hospital, Butler made numerous oral incriminating statements, both pre-Miranda and post-Miranda, to several law enforcement officials regarding his involvement in the earlier shooting incident and the five armed bank robberies referenced in the search warrant. The next morning, Butler signed a voluntary written statement regarding the five bank robberies.”
She said Butler filed a motion to suppress the statements on April 19 because they “were the product of undue influence and coercion to the extent that [his] free will was overcome.” The government disagrees.”
“On Aug. 2, 2012, at approximately 6a.m., FBI SWAT agents attempted to execute a federal search warrant at Butler’s residence in Quinlan, Tex. Butler’s mother immediately exited the residence, but Butler and his brother refused to come out. Shortly thereafter, SWAT agents deployed gas into the residence in an attempt to extricate the brothers. At approximately 6:30 a.m., Butler fired shots from the residence towards SWAT agents. Special Agent (SA) Mark Sedwick returned fire one time, but was unsure if he struck Butler. Approximately 10 minutes later, SA Ryan Randall, an FBI crisis negotiator, established contact with Butler, who reported that he had been shot in the right shoulder.
The government claims Randall spoke with Butler and his brother numerous times over the ensuing hour-and-a-half standoff.
“In speaking with Butler, SA Randall could not determine whether Butler was shot or if it was a hoax,” Saldana’s response states. “According to SA Randall, Butler was alert and oriented as to his surroundings. At one point during the negotiations, Butler said, ‘I know why you are here. I know what I did was wrong.’ Hence, Butler’s mental faculties did not appear to be impaired. Butler responded appropriately in all conversations with SA Randall, and he did not sound as if he was experiencing any physical pain or discomfort. Butler even stated, ‘Who shot me? That was a hell of a shot.’”
The government states the special agent was able to talk the Butler brothers into coming out after an hour-and-a-half standoff.
Butler was checked at the scene by FBI agents and then taken by ambulance to Hunt Regional Medical Center in Greenville at approximately 8:33 a.m.
On the way to the hospital, special agent Laurie Gibbs rode inside the ambulance with Butler, and special agent Michael Hillman followed in a car.
“Butler was lucid during the transport to the hospital,” Saldana states. “When the paramedic asked him what happened, Butler said, ‘I was in my living room when I got shot. I got shot at 6:30a.m.’ There was no further discussion about the shooting during transport.”
The ambulance arrived at the hospital at approximately 9:08a.m., and emergency room personnel performed a number of tests on Butler.
“According to SA Gibbs, Butler’s mental faculties were normal,” states Saldana. “He was alert, oriented and responding appropriately to medical personnel. Butler did not appear to be laboring from any physical pain or discomfort. SA Gibbs asked Butler if he was okay, and he responded that he was doing fine. Prior to issuing Miranda warnings, SA Gibbs asked Butler about his statement to the paramedic about being shot in the living room. Butler replied, ‘I shot at you all, and you shot me.’ He then went on to say, ‘Somebody broke my window and I freaked out. I was worried about my animals.’
“Butler went on to say that his mother did not know anything about what he and his brother had done. Butler said he shot four rounds out the bedroom window and then went down the hallway to the living room. When he looked out the open front door, Butler saw the Humvee and shot two rounds at the vehicle. Butler indicated he was shot while turning around from firing out the front door. Butler thought the agent’s bullet hit the door frame before striking him. SA Gibbs asked Butler why he did not comply when the FBI first approached the house and requested that he come outside. Butler replied, ‘You know what this is all about, and I know what this is all about.’ Butler then stated he was thinking about his mother and did not want to get killed in a shootout or a suicide-by-cop scenario.”
Hillman contacted FBI bank robbery coordinator special agent John Wetherington and asked if he wanted them to interview Butler about the five bank robberies. Wetherington told him to attempt an interview.
“SA Hillman asked Butler if he wanted to talk about the robberies, and Butler indicated that he did,” the response states. “At approximately 11:02 a.m., SA Hillman read Butler his Miranda warnings from a card and asked him if he understood his rights and wanted to speak to them about the robberies. Butler, who had experience dealing with law enforcement personnel, stated he understood his rights and wanted to talk. Butler then signed the Miranda warning card indicating his waiver of rights.
“At this point, Butler stated he had committed five armed bank robberies and was planning a sixth. Butler said he robbed banks because he needed the money to pay bills. Butler indicated he committed all five robberies with his brother, but Butler was the more aggressive of the two during the robberies. Butler gave the commands when they went into a bank — he told the employees it was a robbery and to get down on the floor while his brother jumped the counter and got the money. Butler said that although they wore different clothing, each wore a black mask during the robberies. Butler indicated that his brother’s mask differed in appearance, however, because it had two eyeholes. Butler said they both wore gloves during the robberies, but they also differed in appearance. Butler then discussed in detail each of the five armed bank robberies.”
While Butler was discussing the bank robberies with Gibbs and Hillman, Task Force Officer (TFO) William Ellstrom, the case agent, and Wetherington arrived at the hospital to speak with Butler.
“Butler was still under the Miranda warnings, and he admitted shooting his .357 pistol at the SWAT agent earlier that morning,” Saldana states. “Butler asked TFO Ellstrom to.send his apologies to the agent and his family for shooting at him. TFO Ellstrom also presented Butler with surveillance photos from each of the five bank robberies. Butler identified himself in the photos, and he signed and dated them. Butler, however, refused to identify his brother in the photos.”
Saldana states the attending physician later advised agents that it appeared Butler had shrapnel that entered the back of his right shoulder and traveled to the center of his back, stopping near the scapula.
“Because the wound was fairly superficial, the attending physician did not remove the shrapnel,” Saldana states. “Butler’s wound was cleansed, and a bandage was placed over the wound. Agents confirmed with the attending physician that Butler was not administered any narcotic-type medication until approximately 1:32 p.m., which was after the completion of Butler’s interviews by agents. At approximately 2:18p.m., Butler was given some written prescriptions and then released into FBI custody.”
At approximately 2:25p.m., Gibbs and Hillman took Butler to the FBI Dallas Field Division for processing and thereafter to the Dallas County jail for an overnight stay before his appearance in federal court the next morning.
“That afternoon, SA Gibbs memorialized Butler’s statements in a written report,” Saldana states. “SA Gibbs also typed a voluntary written statement containing Butler’s accounts of the bank robberies, which she planned on presenting to Butler for his signature the next morning.
“On Aug. 3, 2012, SA Gibbs and SA Hillman took custody of Butler for purposes of transporting him to federal court for his initial appearance. Before being transported, however, SA Gibbs presented the voluntary written statement to Butler for his review and signature. Butler carefully reviewed the voluntary written statement, made a couple of corrections-changes, inscribed his initials next t6 those corrections-changes, and then signed the written statement.”
Saldana argues in the court document, followed by case law, “While Butler does not explain how the alleged coercion is linked to his medical condition, the government will demonstrate that 1) Butler’s medical condition did not affect the voluntariness of his statements, and Butler was not subjected to any coercion or undue influence on the part of law enforcement.”
Saldana asked Butler’s motion be denied in all respects.
A hearing was set for May 15 at 3 p.m. in the U.S. Courthouse, Courtroom 1632, 1100 Commerce St., Dallas, before Judge Jorge A Solis.

U.S. Attorney Sarah R. Saldana included this Miranda rights card with signatures of bank robbery suspects Johnny Butler and James Butler in her response to Johnny Butler’s motion to suppress statements he made after he was shot during an FBI raid.

One flown, two injured in wreck

Amanda — Mon, 22 Apr 2013 13:15:47 +0000

Photo by Larry Briscoe
One person was flown by medical helicopter to a Dallas hospital, and one was taken by ground ambulance late Friday from an accident south of Quinlan, according to Department of Public Safety Lt. McDonald. The wreck occurred near the intersection of County Road 3703 near the Kaufman County line. A Gator vehicle and a car were involved in the crash.

French Takes Education Message Back To Austin

Amanda — Mon, 22 Apr 2013 13:12:24 +0000

By Larry Briscoe
Correspondent
Education accountability issues returned to Austin last week — and so did education activist and Quinlan Independent School District Supt. Micheal French.
The local superintendent should know his way around the state capitol by now. He was one of the key witnesses last year in a landmark court case in which the state’s education funding system was declared unconstitutional, and he was one of two superintendents to testify in late March before a Senate committee on Senate Bill 1109 that would suspend the 2012-13 accountability ratings.
French testified last week before the House Public Education Committee on three bills.
In his testimony on behalf of House Bill 2076, French asked legislators to give school districts a choice in school accountability.
“Please understand that I am not anti-accountability,” he said. “Having healthy accountability for our schools, administrators, teachers and students help make us all better just as it does in everyday life.”
The Quinlan superintendent asked that the steps be taken necessary to ensure local school districts could adopt a true School Choice Accountability Progression Model.
“The locally adopted progression model would be a separate, but equal and recognized option in public accountability; whereas, school boards would have the option to choose the current system or the progression model,” he said.
French said the progression model would simply be to administer a pre-test and post-test in the same school year to measure a student’s academic growth in grades three through eight.
The superintendent gave a nine-point rationale for support of the legislation and said the current accountability system was punitive in nature. “It measures a district or campus by the lowest common denominator.”
French argued if a fifth-grade grade student was functioning at a second-grade level and that child’s achievement increases to the fourth-grade level, the child and teacher were still deemed a failure.
“Although the student made two full years of academic gains, the teacher, the child and the campus are punitively labeled as a failure,” he said. “This achievement should be celebrated, not penalized.”
He contrasted that experience with his progression model approach that he said would be a true measure of a student’s academic growth during a school year.
“For example, currently, we compare a student with a learning disability with a gifted and talented student,” French said. “The student with a learning disability is often seen as a failure while the GT student is viewed as a success. Our data shows us that a student with a learning disability can progress academically a full year or more and still not be at the identified mastery point.
“The gifted and talented student is already at that level; however, only progresses academically a few months (or even regresses) and is counted as a success story. This is not in the best interest of either student.”
French spoke to the committee in support of House Bill 44 that would suspend the much-debated STARR-ECC tests for the 2013-14 and 2014-15 school years.
“During this transition period and while the dust settles on graduation plans and school accountability, each school district should have the option to suspend high stakes testing for the next two years,” French said.
“I am not anti-accountability. However, the current system, which has not been fully implemented, appears to be changing again, and yet, we are being graded on a system that many if not most feel is out of control.”
The Quinlan superintendent argued that many House and Senate members had publicly acknowledged that standardized testing had gone too far and must be scaled back.
“The repeal of the 15 percent rule has been supported by the current commissioner and our governor,” French said.
He said current and former commissioners of education had indicated standardized testing needed to be scaled back and additional criteria used for accountability purposes.
“The current commissioner of education has already suspended accreditation ratings,” French said. “Testing rigor and accountability standards have been raised to historic levels while simultaneously reducing public school funding significantly.”
In stating a case for the bill, he said Student Success Initiative funds designated for tutorials and remediation have been reduced, and both the House and Senate had proposed substantial changes to the current graduation and accountability plans creating uncertainty during another transition phase.
“Considering all these factors, it cannot be in the best interests of students, communities or teachers to hold districts and campuses to a testing standard that lawmakers, multiple Commissioners of Education, master educators and parents have deemed excessive and-or inappropriate while making significant funding cuts,” French said.
“Suspending testing would provide the legislature an opportunity to refine accountability and determine the most effective ways to measure student and school achievement.”
House Bill 2182 was the third bill on which he gave testimony.
Federal law permits states the flexibility to choose calendar or school days for evaluation timeline purposes,” he said. “Approximately 43 percent of states currently use school days instead of calendar days.”
French’s rationale was that the legislation would ensure students were evaluated during the enrolled school days allowing for a multidisciplinary team to conduct authentic classroom observations, obtain needed teacher input and allow for student testing breaks.
He said the bill would allow for more comprehensive evaluations for students with disabilities providing a better Individualized Education Plan.
“It would increase efficiency by enabling a district to utilize already contracted district staff to conduct the evaluation,” French said. “Often during the summer, outside contracted personnel are hired at additional district expense and evaluations are less comprehensive.”
He said the bill would help mitigate non-school days such as weekends, benchmark testing, state testing, student absences, Thanksgiving, Christmas, spring break and summer vacation from negatively impacting the 60-day timeline when students were not normally available for evaluations.
“The bill would help districts contract with bilingual evaluators to ensure the student receives a linguistically appropriate evaluation in a timely manner,” he said.
He said it would curb litigation loopholes and expenses as a result of staying within a timeline.
“In the final analysis, this bill would help students receive a more comprehensive and Individualized Education Plan, aid districts in being more efficient in meeting federal requirements and provide a cost savings to all ISDs,” French argued.
Senate Bill 1109 that would suspend the 2012-13 accountability ratings on which he gave testimony last month has been approved by the full Senate is moving into the House for approval.
French commented, “I would like thank Senator Bob Deuell, Rep. Dan Flynn and Rep. Lance Gooden for their support of educators and public schools.”

Two-Week Notice Runs Out On Eight Liners

Amanda — Thu, 18 Apr 2013 15:26:10 +0000

By Larry Briscoe
Correspondent
Priority issues delayed raids on eight-liners and opening of a Hunt County Sheriff’s substation.
Sheriff Randy Meeks said his office was busy with extra patrols after murders of the Kaufman County District Attorney, his wife and assistant, a jail escape in Hopkins County and a Greenville murder case trial.
The sheriff said deputies are providing extra security for employees of the Kaufman County office who live in Hunt County as well as local prosecutors.
Owners and operators of the eight-liners can still expect the sheriff to come calling, he said, as soon as deputies complete a canvass of locations that remain in violation.
“The two weeks are up,” Meeks said of notices hand-delivered by deputies to the locations that were operating eight-liners.
The sheriff said many of the locations in Hunt County that included Greenville, Commerce and Quinlan had cooperated and already removed the machines after notices of raids were delivered.
One of the sheriff’s pledges during his first campaign was to close illegal game rooms throughout the county. The game rooms were indeed closed and owners and operators arrested, but machines have since returned at some locations.
Work on a sheriff’s substation is also underway at a location on State Highway 276 between Quinlan and West Tawakoni.
Meeks said it now looked like mid-May when the facility would be ready for use. He said interior work remained to be completed although the outside was complete.
Local businessman Stan Cheney provided the location rent-free on a long-term lease to the county.

Woman Dies Early Sunday After ‘Hit-And-Run’

Amanda — Tue, 26 Mar 2013 13:20:56 +0000

By Larry Briscoe
Correspondent
A Quinlan woman died early Sunday morning after she was struck by a pickup truck in West Tawakoni that did not stop.
Chief of Police Brandon Kilpatrick identified the victim as Jackie Blaylock, 38.
He said Officer Barbara Peacock was patrolling when she observed a pair of shoes lying in the roadway at State Highway 276 and Waterline Road.
“Officer Peacock turned her vehicle around and investigated and observed a female in the roadway,” Kilpatrick said.
After further investigation, she found a vehicle had struck the woman.
“When Officer Peacock approached, she noticed she had injuries and notified AMR Ambulance,” the police chief said. “When AMR arrived, they determined the female was deceased.”
Based on his investigation, Chief Kilpatrick determined the vehicle that struck Ms. Blaylock was a 2000 to 2003 Chevrolet pickup truck, because of debris that was left behind from the accident.
“We do not know the color of the truck, but there will be a missing right-hand headlight and piece of trim just under the headlight,” he said.
Kilpatrick and a Department of Public Safety state trooper closed a portion of the highway at the scene Tuesday morning to make precise measurements. West Tawakoni Volunteer Fire Department first responders directed traffic in one lane of travel.
The location is in front of the Tawakoni Assembly of God. Doug and Julie Overly live at the church. He said his wife heard the impact that sounded like a slammed car door. By the time they looked outside, he said first responders had already arrived.
Anyone with information about the incident is asked to contact the police department at 903-447-3605.

James Butler Says ‘Guilty’ To Bank Robbery Charges

Amanda — Mon, 18 Mar 2013 18:40:22 +0000

By Larry Briscoe
Correspondent
One of two brothers arrested here last year on bank robbery and weapons charges has pleaded guilty and entered into a plea agreement in federal district court in Dallas. The second brother pleaded innocent and is scheduled for trial April 22.
James Robert Cleveland Butler and Johnny Charles Butler were arrested Thursday, Aug. 2, by Federal Bureau of Investigation (FBI) agents when they executed a search warrant at the Butlers’ home on Cody Lane, immediately south of Quinlan off Spur 264.
U.S. Attorney’s Office spokesperson Kathy Colvin said James Butler is scheduled to be sentenced May 29 after he pleaded guilty and entered into a plea agreement with authorities.
Colvin said Johnny Butler would be tried in Dallas before U.S. District Judge Jorge A. Solis.
The Butlers are charged in connection with robberies at the Bank of America in Forney on Nov. 25, 2011, and again on May 18, 2012.
According to court documents, James Butler also admitted to bank robberies at the Bank of America on Webb Chapel Road in Dallas on Feb. 9, 2011; and Wells Fargo Bank in Irving on April 18, 2011, and again on June 16, 2011.
The first count of robbery was filed in the Nov. 25, 2011, incident at Forney.
“James Butler (hereafter ‘Butler’) and Johnny Butler entered the above-referenced bank with the specific intent to commit bank robbery. Butler and Johnny Butler each wore a mask and gloves to disguise their identities. During the course of the bank robbery and in order to facilitate the commission of the robbery, Butler brandished a .38 caliber pistol and Johnny Butler brandished a .357 caliber pistol,” the documents state.
“Upon entering the bank, Johnny Butler forced the customers and bank employees to the floor at gunpoint. Butler then jumped the teller counter and demanded the keys to the teller drawers. The tellers, being placed in fear for their lives, gave Butler the keys to their teller drawers. Butler emptied the teller drawers and placed approximately $69,745 in United States currency in a dark-colored, plastic bag. Butler jumped back over the counter and exited the bank with Johnny Butler. They entered a white Hyundai Sonata, which they previously altered or removed the license plate to avoid detection, and drove away westbound on U.S. Highway 80,” the document states.
Counts two and three were filed in the second robbery at the same bank in Forney.
The court document states, “Butler and Johnny Butler entered the above-referenced bank with the specific intent to commit bank robbery. Butler and Johnny Butler each wore a mask and gloves to disguise their identities. During the course of the bank robbery and in order to facilitate the commission of the robbery, Butler brandished a .38 caliber pistol and Johnny Butler brandished a .357 caliber pistol.
“Prior to entering the bank, Butler and Johnny Butler forced two customers from the parking lot to enter the bank at gunpoint. Once inside the bank, Johnny Butler forced all of the customers and bank employees to the floor at gunpoint. Butler then jumped the teller counter and demanded the money from the teller drawers.
“The tellers, being placed in fear for their lives, unlocked the teller drawers. Butler emptied the teller drawers and placed approximately $27,860 in United States currency in a light-colored, plastic bag. Butler jumped back over the counter and exited the bank with Johnny Butler.
“They entered a black Dodge Durango, which they previously altered or removed the license plate to avoid detection, and drove away westbound on U.S. Highway 80.”
Under “Stipulated Facts, Uncharged Conduct,” James Butler also admitted to other bank robberies including one on Feb. 9, 2011, at the Webb Chapel Road in Dallas branch of Bank of America.
The document states, “James Butler (hereafter ‘Butler’) and Johnny Butler went to the above-referenced bank with the intent to rob an armored car. When the armored car did not show, Butler and Johnny Butler decided to rob the bank.
“Butler stayed in the getaway vehicle, a green Jeep Cherokee, and provided lookout, while Johnny Butler entered the bank to commit the robbery. Johnny Butler wore a mask and gloves to disguise his identity. During the course of the bank robbery and in order to facilitate the commission of the robbery, Johnny Butler brandished a 9mm semi-automatic pistol. Upon entering the bank, Johnny Butler forced the customers and bank employees in the lobby to the floor at gunpoint.
“Butler then approached the victim teller and demanded money. The teller, being placed in fear for her life, removed $3,375 in U.S. currency from her drawer and placed it into a yellow plastic bag provided by Johnny Butler. Johnny Butler then exited the bank and entered the Cherokee, where Butler was waiting as the getaway driver. Butler then drove them away from the bank.”
The documents state the Wells Fargo Bank in Irving on April 18, 2011, was the target of another robbery to which James Butler admitted guilt.
“Butler and Johnny Butler entered the above-referenced bank with the specific intent to commit bank robbery. Butler and Johnny Butler each wore a mask and gloves to disguise their identities,” the documents state. “During the course of the bank robbery and in order to facilitate the commission of the robbery, Butler brandished a .38 caliber pistol and Johnny Butler brandished a .357 caliber pistol.
“Upon entering the bank, Johnny Butler forced all of the customers and bank employees to the floor at gunpoint. Butler then jumped the teller counter and demanded the money from the teller drawers. The tellers, being placed in fear for their lives, allowed Butler to remove $10,309 in U.S. currency from their teller drawers.
“Butler placed the money inside a bag strapped over his shoulder, jumped back over the counter and exited the bank with Johnny Butler. They entered a black Dodge Durango, which they previously altered or removed the license plate to avoid detection, and drove away from the bank.”
The Wells Fargo Bank in Irving was the target, according to the documents, again on June 16, 2011.
The documents state, “Butler and Johnny Butler entered the above-referenced bank with the specific intent to commit bank robbery. Butler and Johnny Butler each wore a mask and gloves to disguise their identities.
“During the course of the bank robbery and in order to facilitate the commission of the robbery, Butler brandished a .38 caliber pistol and Johnny Butler brandished a .357 caliber pistol. Upon entering the bank, Johnny Butler forced all of the customers and bank employees to the floor at gunpoint.
“Butler then jumped the teller counter and demanded the money from the teller drawers. The tellers, being placed in fear for their lives, allowed Butler to remove $12,746 in U.S. currency from their teller drawers.
“Butler placed the money inside of a dark-colored bag, jumped back over the counter and exited the bank with Johnny Butler. They entered a black Dodge Durango, which they previously altered or removed the license plate to avoid detection, and drove away from the bank.”
The sentencing agreement terms for James Butler state, “…the parties agree that the appropriate term of imprisonment in this case is 300 months, to be imposed as follows: 216 months imprisonment on Counts One and Two (bank robbery) to run concurrently with each other, and 84 months imprisonment on Count Three (using, carrying and brandishing a firearm during and in relation to, and possession of a firearm in furtherance of, a crime of violence) to run consecutive to the term of imprisonment on Counts One and Two.
“If the court accepts this plea agreement, this provision is binding on the court. Other than the agreed terms of imprisonment, the court remains free to determine the sentence it deems appropriate, under the advisory United States Sentencing Guidelines.”
If the court rejected the agreement, Butler would be allowed to withdraw his guilty plea.
Other provisions include, “Butler shall give complete and truthful information and-or testimony concerning his participation in the offense of conviction.
The agreement also states Butler also agreed to pay restitution in the amount of $102,129.60 to Bank of America and $23,055 to Wells Fargo Bank.
A forfeiture paragraph states, “The defendant agrees to forfeit all right, title, and interest in the following property to the United States of America: $1,508 in U.S. currency seized by the Quinlan Police Department from the person of James Robert Cleveland Butler on or about Dec. 31, 2011.
Other items to be forfeited included a Smith & Wesson .357 caliber pistol, and any ammunition recovered with the firearm, seized by the FBI from Butler’s residence on Cody Lane on or about Aug. 2, 2012;
A Smith & Wesson .38 caliber pistol and any ammunition recovered with the firearm, seized by the FBI from Butler’s residence on or about Aug. 2, 2012;
An Arsenal 7.62 x 39mm rifle and any ammunition recovered with the firearm, seized by the FBI from Butler’s residence on or about Aug. 2, 2012;
A Colt .223 caliber rifle and any ammunition recovered with the firearm, seized by the FBI from Butler’s residence on or about Aug. 2, 2012;
A Phoenix Arms .25 caliber pistol and any ammunition recovered with the firearm, seized by the FBI from Butler’s residence on or about Aug. 2, 2012; and
A Ruger 9mm pistol and any ammunition recovered with the firearm, seized by the FBI from Butler’s residence on or about Aug. 2, 2012.
The FBI raid here was underway at about dawn when The Quinlan-Tawakoni News arrived at the scene. FBI Supervisory Special Agent Michael LaPlante and Special Agent Michael Hillman informed The News shots had been fired.
When asked about possible injuries to agents or suspects, Hillman answered no agents were injured.
However, an AMR ambulance soon left with one of the suspects who was later identified as Johnny Charles Butler, 46. He was taken to Hunt Regional Medical Center in Greenville. A medical helicopter had been placed on standby in the parking lot of W.H. Ford High School, a landing site prepared by Quinlan and West Tawakoni firefighters.
A second suspect and brother of the first, James Butler, 43, was seen taken from the scene in a Department of Public Safety patrol car, driven by Cpl. S.E. Simpson.
Garland Ellstrom, a Garland police officer assigned to the FBI’s Safe Street Violent Crime Task Force that investigates bank robberies, described events during the raid when the search warrant was executed.
“Both Johnny Butler and James Butler initially refused to exit the residence. The decision was made to deploy gas into the residence. At one point during the gas deployment, shots were fired from the Butler residence at SWAT agents. Agents fired shots into the residence. Negotiators were able to obtain contact with the subjects inside and determined that Johnny Butler had been shot in the shoulder. Negotiators were able to convince both Johnny and James Butler to come outside and give themselves up,” the officer states.
Ellstrom said both were taken into custody — Johnny was taken by ambulance to a hospital, and James was taken to the sheriff’s office; Johnny was then treated and released into custody.
The officer states both suspects admitted they committed the Forney bank robbery as well as four other bank robberies in the Dallas area. He said they identified themselves in video images from the five bank robberies.

Report Of Seeing Gun Locks Down TMS

Amanda — Mon, 04 Mar 2013 15:25:45 +0000

By Larry Briscoe
Correspondent
The report by a student that he saw a handgun resulted in a short lockdown Friday morning at C.B. Thompson Middle School.
“No gun was found after a room-by-room search,” said Quinlan Independent School District Chief of Police Pete Ferrara as the lockdown ended just before noon.
“A student thought he saw a handgun when he went to the restroom,” Supt. Micheal French said when he emerged from the locked doors of the school. He said no gun was found after school and area enforcement agencies conducted a thorough search of the entire building.
French released the following official statement, “This morning, a Thompson Middle School student reported he had seen what he believed to be a firearm on campus. As a precautionary measure, TMS was immediately placed on lockdown, and QISD Police and other local law enforcement agencies responded to the campus. After a complete and thorough search, no evidence of a weapon was substantiated, and law enforcement released the campus back to normal status. QISD will treat every incident of this nature with the utmost concern for student safety and welfare.”
The superintendent said two notices were sent to parents during the incident “to make sure they had up-to-date information.” He encouraged parents to check and make sure they had provided school officials with their latest contact information to ensure they received such messages.
Some parents went to the school and waited outside until the all-clear was declared.
When the search was complete, French said students were first released for restroom visits and later to their regular lunch periods when the campus returned to its normal routine before noon.
Constable Kent Layton who assisted in the search said each classroom was locked, entered by officers and searched before it was cleared.
Agencies participating in the search included the QISD police, Quinlan Police, West Tawakoni Police, Constable Layton’s office, Hunt County Sheriff’s Office and Texas Department of Public Safety.
The school district’s website states the following under the topic “Emergency Lockdown Procedure —
“During a lockdown, a school will take several security measures — all school doors and windows are locked; all students and staff remain in their classrooms or offices; no one is permitted to leave, and no one, including parents, is allowed on campus.
“Although such measures may seem extreme, they have proven effective in ensuring student safety. In fact, in an emergency, school is one of the safest places your child can be. Whenever a threat arises, schools are the focus of heightened attention from school police and local authorities.
“Should a lockdown occur, parents are asked to remain calm as school and local authorities manage the situation. If it appears the lockdown will last for an extended period of time or go beyond dismissal time, school staff will attempt to notify parents by phone, as students will not be allowed to leave until recommended by the appropriate authorities.
“Parents may be required to pick children up from school or another designated safe area, once it is determined safe to do so. To further ensure student safety, parents may be required to present identification. The reunification location will be given to parents over the phone if possible, and will always be publicized to the media. School officials will also work with the district’s transportation department regarding bus transport.”

RTC Prioritizes SH 34, FM 1570 Road Work

Amanda — Tue, 26 Feb 2013 15:32:50 +0000

By Larry Briscoe
Correspondent
Hunt County project prioritization led the agenda Thursday at a meeting of the Regional Transportation Council (RTC.) The winning projects were widening State Highway 34 and extension of FM 1570.
Hunt County Judge Horn and local Texas Department of Transportation (TxDOT) officials were present including Resident Engineer at Greenville Tammy Sims when the RTC okayed $8.3 million for the two projects.
Horn described the action as the culmination of efforts for many people. When the Hunt County projects came up for vote, the county judge commented to the council that Hunt County had been 20 years behind when efforts began.
On Friday he termed the thoroughfare plan including Hunt County in the Metroplex transportation plan as a “huge, huge jump” for the county. “A lot of ground was made up in a very short period of time.”
He said the county had been outside the loop for a long time previously although part of the Metroplex. “We are there now,” he said.
The vote was unanimous for the Hunt County projects including the 19-mile stretch of SH 34 from Interstate Highway 30 to County Road 2312, which will be widened from two lanes to five lanes.
“Its eventual expansion will help the increasing traffic move more efficiently through town and on to other points in the region,” according to a prepared statement. “Preliminary engineering for this project is expected to begin next fiscal year. About $1.5 million in federal and state funding has been set aside for the project, but more money will be required as the roadway moves closer to construction.”
Farm-to-Market 1570 will be extended from SH 66 to US Highway 380. Preliminary engineering for the 1.72-mile FM 1570 project is underway. Right-of-way acquisition will begin next fiscal year, and utility work will start in fiscal year 2015, with construction slated for FY 2016. The extension of FM 1570, which will receive about $6.8 million in federal and state funding, will provide another travel option allowing traffic to move into and through the county more efficiently.
“Leaders will rely on a thoroughfare plan developed by the Hunt County Transportation Committee after a two-year planning effort by the North Central Texas Council of Governments to assess the county’s transportation needs,” the group states. “The committee was made up of city, county and business leaders from around Hunt County, with technical assistance provided by the Texas Department of Transportation and NCTCOG.”
The thoroughfare plan is part of the broader Hunt County Transportation Plan, which also contains transit and bicycle-pedestrian elements.
The county’s transportation plan allows officials to make educated decisions because they now have objective data to guide them, County Judge Horn said.
“We had a lot of passion projects, but didn’t have a lot of objective criteria to evaluate the need,” Horn said. “The planning NCTCOG helped us with more of that objective data we need in order to prioritize and move forward with the implementation of a long-term vision.”
The statement acknowledged, “As is true across the rest of North Texas, Hunt County is growing, requiring the examination of its current infrastructure and future needs. Hunt County’s population was 87,290 in Jan. 2012, 0.5 percent more than the previous year, according to NCTCOG’s latest population estimates.”
The study helped officials realize Hunt County is a “gateway to the east,” Horn said. Not only are people trying to get to Dallas and Fort Worth through Hunt County, but they are traveling east through the county from the metropolitan core, and this requires reliable transportation options.
The county wants to maintain the transportation plan, so it can guide leaders toward necessary transportation improvements as new residents and jobs arrive.

All Quinlan City Funds Grew During Past Year

Amanda — Mon, 18 Feb 2013 20:55:14 +0000

By Larry Briscoe
Correspondent
All funds for the city of Quinlan grew in assets during the past year, according to the audit report Monday night to the city council at its regular monthly meeting.
In addition, auditor Hannah Nelson with Scott, Singleton, Fincher and Company said nothing was found wrong with the city’s financial accounts at the end of the fiscal year on Sept. 30, 2012. That answer was given to a question by Councilwoman Carolyn Strickland.
Strickland told Nelson she wanted her answer for the record and asked if during the preparation of the audit if anything was found out of line with the books.
“No internal control issues were found,” Nelson answered.
Quinlan’s worth increased to $7,129,454 in net assets, according to the audit report. Of that amount, $4,911,337 was invested in capital assets or restricted for debt service, leaving $2,218,117 of unrestricted net assets.
The net assets increased by $444,267 during 2012. The general fund increased by $309,494. The debt service fund went up by $5,726; and the water and sewer fund grew by $40,571.
“Net assets serve as one useful indicator of a government’s financial position,” the report states. “In the case of the city, the combined net assets exceeded liabilities by $7,129,454 and $6,685,187 at the close of FY 2012 and FY 2011, respectively. Unrestricted net assets — the part of net assets that can be used to finance day-to-day operations without constraints established by debt covenants, enabling legislation or other legal requirements was $2,218,117.”
The auditor reported the government funds of $1,777,202 and proprietary funds of $4,276,509 reported combined fund balance and net assets of $6,053,711, an increase of $355,791 from the previous year.
On capital assets, the report states, “The city’s investment in capital assets net of related debt reported in governmental activities and business-type activities was $1,267,956 and $3,969,839, respectively. This investment in capital assets includes land, buildings and improvements, equipment and vehicles. The change in the city’s net investment in capital assets for the current fiscal year was $65,996 and ($107,887) in each of the respective activities.”
At the end of the fiscal year, the city had $552,054 in outstanding bonds, a decrease of $80,455 or 14.5 percent from last year.
The report included a discussion of the city’s management and financial activities. The city continued its plan of resurfacing city streets during the past year and was faced with weather extremes ranging from hot and dry to cold and wet.
“These extreme conditions took a toll on both the streets previously resurfaced and on the streets that were to be resurfaced. The city continues to operate a preventative maintenance program throughout its collection system and its lift stations, which has added to the efficiency of the system.”
Other activities included the purchase of a used John Deere backhoe and a new Ford F-250 pickup for public works.
Plans for the current fiscal year included continued replacement of worn-out water meters with radio-read water meters.
The property on North Edwards Street is being fully utilized by public works, and the report states the city continues its effort to identify and correct drainage problems. Quinlan replaced several lift station pumps throughout the city.
“Although the city has made great strides in correction of many of its problems,” the report states, “the city still has areas of concern. The city must replace a police car and address inadequate drainage in several neighborhoods throughout the city. In addition, the city must replace aging and rusty waterlines in residential areas within the city. The city continues to perform the deferred maintenance of its water system, sewer collection system and its wastewater treatment plant.”
The audit report was accepted unanimously by the council.
Other business
• The council unanimously voted for resolutions recognizing the service of father and son, Richard White and Richey Whitehead, on the city council. Richard Whitehead served 18 years, and Richey Whitehead served seven. Resolutions expressed sincere appreciation for their “tireless efforts and unfailing commitment to the betterment of the community.”
• The spring cleanup days was declared for April 11-13.
• City Consultant Billy Green reported the city water tower was back in service after upgrades were complete. He said additional water meters had been changed out and replaced with radio-read meters. He said he hoped additional meters would be changed out in the future.
Green said he completed municipal judge training last week.
• Strickland reported Councilwoman Carole Petty was recovering from five-bypass heart surgery.
• Citizens comments included First United Methodist Church of Quinlan Pastor Eric Rothe. He said he had lived in many small towns while serving as a pastor. He said the city of Quinlan served the people well and extended his gratitude to the city.
A Windmill Addition resident complained about lack of ordinance enforcement in the addition including unsecured trash containers and curb parking. “Does Quinlan enforce any city ordinances?” she asked. “Where is our pride?” Chief of Police Johnny Thornburg addressed concerns during his report time. He said a directive was given in the speaker’s case to file a written complaint at city hall.
• Mayor Protem Brandon Frazier presided in the absence of Mayor R.W. Oliver.

Cummings Life Remembered At Service

Amanda — Mon, 28 Jan 2013 20:46:44 +0000

By Larry Briscoe
Editor
Claire Cummings was a trailblazer. She achieved her pilot’s license before women were generally thought of as pilots. She was one of the first members of the United States Marine Corps Women’s Reserve.
Mrs. Cummings’ life of 90 years was celebrated Saturday by a full house of family and friends at a memorial service held at Ridin High Cowboy Church in Union Valley.
Full military honors were presented by a contingent of Marines including a U.S. flag-folding ceremony. The flag was presented to her grandson, Ben McLeod, on behalf of a grateful nation.
The Patriot Riders motorcycle club lined the entrance to the church with flags with members standing at attention.
She was born June 5, 1922, in East Paterson, N.J., the daughter of Herbie and Sadie Weis. She died Friday, Jan. 11.
Pastor Steve Bishop spoke at the memorial service of Mrs. Cummings’ determination, courage and discipline.
“Wouldn’t we all love to be that disciplined?” he recalled the stories of her achievements. “She was a woman of very few limitations.”
Bishop advised, “Live your life without limitations like she did and honor your heavenly Father.”
Claire’s initiative was clear early. Girls had not served as drum majors. That was before Claire. But there was only one problem — they did not make boots large enough to fit her.
Daughter Barbara Shortnacy said Saturday she thought all her children inherited their mom’s large feet.
Claire’s dad had a good friend who came to the rescue — Mr. Capezio whose shoes are now coveted by women worldwide.
“Mr. Capezio said, ‘Bring Claire to the house tonight,’” Barbara said of her dad’s conversation with his friend. Capezio took the necessary measurements and made Claire’s boots to fit. She became the first female drum major.
What was she like as a mom?
“Strict,” answered Barbara and noted she and sister Joyce cleaned house every day.
She remembered one Saturday when they had made their beds but not up to inspection.
“She flipped a quarter on them, and it didn’t bounce,” Barbara said.
Their mother took the covers and beds and placed them in the middle of the room, and they were instructed to make them right.
Another time, Claire opened the girls’ sock drawer and found it did not meet expectations.
“All nine drawers got dumped,” her daughter declared. “Do it again.”
“She was strict — but very fair,” Barbara remembered. “We called her Sarge.”
Joyce said their mother joined the Marines Women’s Reserve on Feb. 14, 1943, the same month the Women’s Reserve was established. She was assigned to basic training at Hunter College, New York City, N.Y.
“She was one of 11 who were sent to Camp Lejeune, N.C., in 1943,” Joyce said.
That was March 19, 1943. The women helped organize the boot camp at Lejeune. She drilled the recruits and was assigned to extra police duties to the Women’s Reserve members who were restricted to their barracks since there was no brig for women at the time.
Barbara said Claire was in charge of the service club. With that assignment, Cummings escorted the commandant of the Marine Corps at the time to inspect the area. She also escorted Elizabeth Arden, owner of the cosmetic firm. She and Arden toured the salon in the club since the Arden products were used exclusively.
The Marine Corps wanted Arden to develop a lipstick and nail polish color to match the red cord on the Women’s Reserve caps.
The women’s serge forest green uniforms “were made out of the same material used for the men and were styled with a man-tailored jacket, a six-gore skirt and matching visored bell-crowned hat trimmed with a bright red cord.”
In honor of the Marine’s “Halls of Montezuma,” Arden coordinated the color with the red cord and red chevrons on the uniforms. The resulting name was Montezuma Red.
The Elizabeth Arden company honored Cummings and her family along with other early Women’s Reserve members at an anniversary celebration with gifts of Montezuma Red lipsticks.
On the subject of firsts — Claire met her husband, Ben Cummings, at Camp Lejeune when he returned stateside from Midway Island after serving at Pearl Harbor, Hawaii. He was a survivor of the Dec. 7, 1941, Japanese attack on Pearl Harbor.
A year later, they were married on Feb. 14, 1944, at Camp Lejeune. They were the first Marine couple to be married there.
Cummings was pregnant in 1945, and the tour of duty was automatically handled as a discharge, a son was born, followed later by their two daughters. On her day of discharge from the Marines, legislation was signed into law allowing the Women’s Reserves to be given assignments only as far as Hawaii.
The only medal awarded during those early years of World War II was the Ruptured Duck Discharge Button. She achieved the highest rank of platoon sergeant.
In the early 1960s, the family settled in Texas, and after 43 years of marriage, her husband died. She retired in 1986 as an assistant vice president in banking and later took on part-time work.
Her survivors include her son, Bob Cummings and wife Karen of Royse City; daughters, Joyce Cummings of East Tawakoni and Barbara Shortnacy and husband Billy Don of Royse City; grandchildren, Mike Cummings and wife Renay, Angie Smith, Ben McLeod, Libby Ellington and husband Larry and Rodney Goodwin; great- grandchildren, Ashley, Amanda, Kody, Kourtney, Kamren, Valerie, Tasha, Danielle, Rodney, Casey and Brooke; numerous great- great-grandchildren; a brother, Jim Weis and wife Melinda; and a cousin, Billy Allen.

Courtesy photo
Marine Women’s Reserve Claire Cummings