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Home > Waco Breaking News > Archives > 2008 > July > 24

Thursday, July 24, 2008

Bicyclist injured in hit and run accident on I-35 access road

A bicyclist has been seriously injured this evening when he was struck by a pickup on the Interstate 35 access road in Lorena.

The pickup left after the accident, authorities said.

The incident happened about 8:30 p.m. as the cyclist was on the southbound side of the interstate, on the south end of Lorena. Authorities described the pickup as a blue Dodge with front-end damage.

The injured person was taken by helicopter to Scott & White Hospital in Temple, authorities said.

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A momentary lapse of 100s

The bad news: Little rain in the area — only a trace was recorded today at Waco airport.

The good news: At least the high was only 96, breaking the four-day string of 100-degree temperatures.

The bad news: The forecast this weekend calls for the string to resume…

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Waco man arrested in Oklahoma on bomb charge

A Waco man was arrested this morning on a federal bomb charge in Oklahoma, in connection with a device found Sunday at a home on 19th Street in Waco.

Gordon “Chris” Whitehead, 41, was arrested at a home in west Bartlesville on a charge of possession of a destructive device, according to the Associated Press.

Bureau of Alcohol, Tobacco, Firearms and Explosives spokeswoman Franceska Perot said the device was not technically a pipe bomb, as previously reported, but more of an improvised explosive device, since there was no pipe used.

Waco police and an ATF agent were looking into an incident Sunday night at a home in the 6300 block of North 19th Street, said Waco police spokesman Steve Anderson. Police were called to the home at 7:22 p.m. after neighbors called reporting seeing “suspicious items.”

Officers arriving at the home called a Fort Hood bomb squad to the scene to help with the items, Anderson said. He declined to describe the items or say whether they were found inside or outside the home. No one was home at the time.

The soldiers rendered the explosive devices safe, Perot said.

Whitehead remained at the Tulsa County Jail this evening on a U.S. Marshals Service hold for the charge, a jail spokesman said.

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Jury sentences West man to 30 years in prison for fatal drunk driving wreck

Douglas Howard Church was sentenced to 30 years in prison and 10 years probation today for an August 2006 drunken driving collision that killed Debbie French of West and injured her three children.

Because jurors found Church’s truck was a deadly weapon, he will have to spend at least half of the sentence — 15 years — in prison before he is eligible for parole.

Church, 26, of West pleaded guilty to intoxication manslaughter and three charges of intoxication assault. The collision occurred on Farm-to-Market Road 3149 near West. He was sentenced to 20 years in prison for intoxication manslaughter and 10 years in prison for intoxication assault against Megan French, who was 5 at the time of the wreck. Church was also sentenced to five years probation for intoxication assault against French’s other two children, who were 14 and 9 when the wreck occurred.

The jury said it has reached a decision about 4 p.m., but the announcement about sentencing was delayed for about 40 minutes because of confusion in filling out the verdict forms.

Church faced a maximum of 50 years in prison, but was also eligible for probation.

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Waco ISD offers 3 options for G.L. Wiley: Two involve closure

Two of the options the Waco Independent School District administration is offering for G. L. Wiley Middle School include closure of the school this year.

The district released three options this afternoon for the future of the chronically low-performing school. Those options include Wiley remaining open with extra resources provided to help students raise their test scores, plus two options for closure which differ based on the schools that Wiley students would attend instead of their home campus.

These options can be found at http://www.wacoisd.org/story.php?id=620&year=2008.

The school board will discuss these options and take comments from the community at a school board meeting scheduled for 5:30 p.m. Aug. 7 at the Waco ISD Conference Center.

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Jury begins deliberations in intoxication manslaughter trial

Jurors heard final arguments and began deliberations about 2:50 p.m. in the intoxication manslaughter trial of Douglas Howard Church in Waco’s 54th State District Court.

Church, 26, of West, faces up to 50 years in prison if given the maximum sentences for intoxication manslaughter and three charges of intoxication assault in the deadly August 2006 wreck that killed Debbie French of West and injured her three children near West.

Earlier this week, Church pleaded guilty to the charges against him.

Prosecutor Brandon Dekroub asked for the maximum sentence to be given to Church, and prosecutor Crawford Long told jurors they are the “conscience of the community.”

Defense attorney Russ Hunt asked that Church receive a short prison sentence for the manslaughter charge, and be given probation for the three counts of intoxication assault.

Hunt said Church should also be required to speak to youth and community groups about the dangers of drunken driving and drugs.

For reports on today’s testimony by the defendant and his family, click here. Check back with WacoTrib.com for updates.

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Grassfire destroys barn, threatens China Spring home

A large grassfire destroyed a barn and threatened a house and adjacent propane tank this afternoon at China Spring Highway and Old Ranch Road before firefighters were able to douse the flames.

Firefighters responded to the blaze just before 2 p.m., and officials at the scene said flames were spreading about 20 feet every 10 seconds at the height of the fire. But by 2:30 p.m., the fire was contained and mostly extinguished.

Waco firefighters and China Spring volunteer firefighters responded, and the McLennan County Sheriff’s Department was on the scene to direct traffic. The road was briefly closed as black, billowy smoke drifted over the area.

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Complete statements from Baylor University and ousted president John Lilley

Baylor University’s official statement on seeking a new president (from Baylor’s web site):

The Baylor University Board of Regents voted today to begin the search for a new University President. Board Chairman Dr. Howard K. Batson said the decision was necessary in order to unite Baylor’s many constituencies and move the University forward in its next period of growth and renewal. Batson said the move represents the Regents’ acknowledgement of a need for unifying leadership as Baylor strives to achieve its goals under Baylor 2012. The Board had hoped to transition to a new president gradually, officially beginning the presidential search in January 2009 and eventually replacing Baylor President John M. Lilley during the final portion of his five-year contract. Because plans for a gradual transition were rejected by Dr. Lilley, the Board will immediately seek a new president. The decision came during the Board of Regents annual summer retreat, which this year is being held in Grapevine, Texas. “I’m not a liberty to discuss the specifics of this personnel decision,” Batson said, “but we believe that Baylor must demonstrate its commitment to excellence in all areas, including communication and the building of relationships within the Baylor family. Change is always difficult, but Baylor has a solid leadership team in place and the university continues to experience unprecedented success in many areas. The Board is confident that the university will be able to press forward and continue its progress during this time of transition. The Board is appreciative of Dr. Lilley’s service to Baylor, which includes a variety of significant accomplishments.” Harold Cunningham, a member of the Board of Regents who was previously board chair, will assume the role of acting president until such time as an interim president is named. According to Batson, “Harold has a track record of proven leadership and is well respected within the Baylor family. He has served Baylor previously in two different vice-presidential roles, including Vice President for Special Projects and Vice President for Finance and Administration, and as Acting Director of Operations. He has also done an outstanding job in his work on the Board of Regents.” It is expected that Cunningham will serve a brief period until an interim president is appointed. After an interim is chosen, the Board, in consultation with other constituencies of the Baylor family, will begin a comprehensive search for a new president. “For 160 years,” Batson said, “the University’s success has been based upon the collective efforts of the entire university community working together. In this time of transition, we know that all members of the Baylor family will ensure that Baylor continues to do what it does best - provide an outstanding education in an environment that embraces both faith and learning, delivered by the best faculty.” The Board will conclude its three-day meeting on Friday.

John Lilley’s response (e-mailed to the Tribune-Herald):

Two and a half years ago I was invited unanimously by the Board of Regents to come to Baylor. I did not come to Baylor to advance my career. Gerrie and I were reluctant but finally were persuaded to come because of the unanimous vote and the promised prayers of the regents. We felt that we could help to heal the wounded hearts left in the wake of the conflict that preceded us. Despite the board’s unanimous vote, it became clear immediately that the Baylor Board of Regents reflected some of the deepest divisions in the Baylor family. I am proud of the work my colleagues and I have done to bring the Baylor family together and to help the university achieve the ambitious goals set forth in our mission and vision 2012, documented in our annual report just presented to the regents. I deeply regret the action of the Board, and I do not believe that it reflects the best interests of Baylor University.

Statement from Baylor student body president Bryan Fonville (e-mailed to the Tribune-Herald):

The Baylor University Board of Regents released a statement announcing their intent to seek a new president. Harold Cunningham, former chairman of the Baylor Board of Regents, will serve as acting president until an interim president can be appointed. Below is Baylor University Student Body President Bryan Fonville’s statement concerning the situation. “As we enter this period of transition, we know that the strength of the Baylor family will continue to propel our progress as a university.” “We have full confidence in the Board of Regents and faith that the next president of Baylor will unite the university community as we continue to build upon our traditions of academic excellence and Christian commitment.” “We are grateful to Dr. Lilley for his service and for the positive changes he made during his time at Baylor. We wish him nothing but the best as he moves on to this new phase in his life.”

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Baylor regents fire Lilley (w/Lilley’s response)

Baylor University’s Board of Regents voted this morning to fire President John Lilley two and a half years into his five year contract.

In a statement he e-mailed to the Tribune-Herald, Lilley said:

“Two and a half years ago I was invited unanimously by the Board of Regents to come to Baylor. I did not come to Baylor to advance my career. Gerrie and I were reluctant but finally were persuaded to come because of the unanimous vote and the promised prayers of the regents. We felt that we could help to heal the wounded hearts left in the wake of the conflict that preceded us. Despite the board’s unanimous vote, it became clear immediately that the Baylor Board of Regents reflected some of the deepest divisions in the Baylor family.

“I am proud of the work my colleagues and I have done to bring the Baylor family together and to help the university achieve the ambitious goals set forth in our mission and vision 2012, documented in our annual report just presented to the regents. I deeply regret the action of the Board, and I do not believe that it reflects the best interests of Baylor University.”

Baylor officials said in a press release: “The board had hoped to transition to a new president gradually, officially beginning the presidential search in January 2009 and replacing Lilley during the final portion of his five year contract. Because plans for a gradual transition were rejected by Lilley, the board will immediately seek a new president.”

Baylor regents named Harold Cunningham, a current board member and former regent chair, acting president until an interim president is named.

The board said it expects the time until an interim president is appointed to be brief.

Baylor officials say once an interim president is chosen, the board will begin a comprehensive search for a new president after talking with various Baylor constituencies.

Regent chairman Howard Batson said he couldn’t discuss specifics of this personnel decision, but expressed confidence in Cunningham’s ability to lead until an interim president is named.

“Harold has a track record of proven leadership and is well respected within the Baylor family,” Batson said.

Batson pointed to Cunningham’s experience in two different vice presidential roles at Baylor, as well as his work on the board, as evidence of his ability to lead.

For complete statements from Baylor University, John Lilley, and student body president Bryan Fonville, click here.

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Defendant testifies in intoxication manslaughter trial

Douglas Howard Church took the stand in his own defense this morning, talking to jurors for about 45 minutes and expressing remorse for driving drunk in August 2006, which resulted in the death of Debbie French of West and injuries to her three children.

Speaking from about 10:50 to 11:35 to Waco’s 54th State District Court, Church said he was very sorry about the death of Debbie French and the injuries to her children. He has pleaded guilty to intoxication manslaughter and three counts of intoxication assault, and faces up to 50 years in prison if he is given the maximum sentence on each count.

While he was in jail, Church, 26, of West, wrote multiple letters to Debbie French’s husband, Allan French, and to Debbie’s mother. He mailed one of the letters, but refrained from mailing others after he was told the letters were too upsetting to French’s family.

Church said on the night of the fatal collision, he went to eat pizza and “drink a few beers” with friends, and that he also had more beer later at a friend’s house.

He said he was following a friend home immediately before the wreck occurred, and that he didn’t think he was drunk.

About a quarter of a mile from the friend’s home, he said he decided to pass his friend’s vehicle, and in the process collided with French’s vehicle.

Church acknowledged that he had beer in his truck at the time of accident, which he threw out before law enforcement arrived on the scene.

He also admitted to lying to a Texas Department of Public Safety trooper about whether he had been drinking.

The defense rested following Church’s testimony.

Final arguments are expected to begin after the jury’s lunch break.

For earlier testimony from Church’s parents, click here.

Check back with WacoTrib.com for updates.

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Portland policeman made to pay parking fine

Police Officer Chadd Stensgaard, who parked his squad car in a no parking zone while stopping for a dinner break at a Japanese restaurant in Portland, Ore., must pay a $35 parking fine.

Eric Bryant, an attorney who was also eating in the restaurant, filed a formal complaint, after an attempt to approach the officer was rebuffed.

Portland police officials plan to ask the city to change the law to allow for officers to park in no parking zones while taking bathroom or dinner breaks so that squad cars are close at hand for emergency situations.

for more of the situation, click here.

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Judge: ‘Talula Does The Hula’ not a fit name

A New Zealand judge made a Hawaii girl involved in a custody dispute a ward of the court so that he could change her name.

The judge said “Talula Does The Hula” was a name that created a social disadvantage for the girl.

The girl, 9, had previously told her friends to call her “K” because she was so embarrassed by her name.

“The court is profoundly concerned about the very poor judgment which this child’s parents have shown in choosing this name,” wrote the judge.

For more on this story and a list of other names rejected by the court, click here.

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New Ferrell & Reilly movie fails to impress critic

When I first saw the previews for the new Will Ferrell/John C. Reilly movie “Step Brothers” opening tomorrow, I thought the two were playing mentally challenged adults. Apparently, that was giving them too much credit.

In a scathing review, AP movie critic Christy Lemire reveals that the movie is not about the mentally challenged, but instead two regular adults who can’t bear to leave home and can’t face growing up.

Lemire theorizes that the script was written as Ferrell and Reilly discussed increasingly disgusting adolescent gags and then wrote them down. She describes the characters as simply flat and essentially the same character times two.

For her full analysis, click here.

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Parents of intoxication manslaughter defendent testify

The mother of Douglas Howard Church, who is asking a jury to give him probation in a drunk driving accident that killed a mother and injured her three children, told jurors she was acting on “motherly instinct” when she removed items from his truck the night of the accident.

A 54th State District Court jury of seven men and five women could decide Church’s fate today, likely after hearing testimony from Church. Church pleaded guilty Monday to intoxication manslaughter in French’s death and to three counts of intoxication assault for injuries to her three children in the Aug. 11, 2006, wreck near West.

Tina Church told jurors that her son, a 26-year-old unemployed welder from West, called her after the collision. Her son and daughter-in-law were living with her about five miles from the crash scene. The two women rushed to the scene, she said, where she saw 11-year-old Andrew French wandering around with a compound fracture.

She said she tried to get Andrew to sit down and wrapped a towel given her by another witness around his arm. She said she also called her employer, Dr. George Smith of West, for help.

She also told jurors that while at the scene she removed a cooler and heater from the bed of her son’s truck and put it in the trunk of her daughter-in-law’s car.

When asked by defense attorney Russ Hunt why she did it, she replied, “I have no idea. It was like a motherly instinct. We worked so hard for what we have, I did not want them lost or stolen.”

She said a Department of Public Safety trooper later told her she could go to jail for tampering with evidence at crime scene and had her get the items out the trunk.

Tina Church described her son as “lost and devastated” after the Sept. 4, 2000, death of his older brother Robert in a drunk driving accident. His truck was found in a creekbed near West two days after he disappeared while driving home from Westfest.

“He had lost his best friend,” she said of Douglas Church.

She said her younger son “fought back” and got his life on track, making the dean’s list at Texas State Technical College and earning a degree in welding.

Jurors also listened today to 9-1-1 calls made by an increasingly frantic Douglas Church, who made at least three calls trying to summon help to the scene only to have them transferred among Hill County, Waco police and Department of Public Safety dispatchers because of where the wreck occurred.

As he sounds increasingly upset, he tells one dispatcher asking him for information, “I’ve already called. I need an ambulance now.”

Church’s father, Jack Church, said his son was devastated after the death of his older brother, and said the aftermath of the August 2006 wreck has also been devastating for everyone involved.

Church is also expected to testify today, and should be the last witness before the defense rests.

He faces 50 years in prison if the jury gives him the maximum punishment on each count and retired State District Judge George Allen orders the sentences to run consecutively.

For previous testimony in this case, read today’s story from our print edition.

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Pamela Anderson stars in E! reality show

Pamela Anderson will have a new eight-episode reality show on the E! television network beginning Aug. 3.

The show was supposed to profile her getting ready for a glitzy peep show in Las Vegas, but instead focused on her everyday life when she chose not to trade Malibu for Las Vegas full-time.

Anderson, who is living with former husband Tommy Lee and her children while her own mansion is under renovation, refused to include her children in the show, and had footage shot while they were at school or camp.

For more updates on Anderson’s notorious life, click here.

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Rapper 50 Cent sues Taco Bell over ad campaign

Rapper 50 Cent has sued Taco Bell over their “Why pay more?” ad campaign. The fast-food chain allegedly used the rapper’s image and name without his permission.

The ad features a likeness of 50 Cent and asks if he’s be willing to change his name to 79, 89 or 99 Cent, the cost of various items on the restaurant’s menu.

Taco Bell representatives said they made a charitable offer to the rapper to use his name and likeness and would have been willing to make a $10,000 donation to his charity of choice.

For more on the controversy, click here.

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Ambassador: al-Qaida operatives headed back to Afghanistan

Iraq’s ambassador to the United States reports that al-Qaida operatives are leaving his country and heading to Afghanistan or their home countries to continue training and fighting.

“We have heard reports recently that many of the foreign fighters that were in Iraq have left, either back to their homeland or going to fight in Afghanistan. Afghanistan is now seeming to be more suitable for al-Qaida fighters,” said Ambassador Samir Sumaida’ie.

The top U.S. military commander in Iraq, Gen. David Petraeus, also told The Associated Press last week that al-Qaida appears to be reassessing its chances of success in Iraq.

However, the situation in Iraq is far from stable.

Both Sumaida’ie and Petraeus warned, however, that security progress made in Iraq is not irreversible and al-Qaida could reassert itself there.

“If things break down in Iraq, they are capable of coming back,” Sumaida’ie said.

For more on this story, click here.

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Vast oil and gas resources thought to be in Arctic Circle

Some 90 billion barrels of oil and nearly a third of the world’s undiscovered natural gas remain untapped under an area north of the Arctic Circle, government scientists estimate, in the largest-ever survey of the area’s energy potential.

The area accounts for about a fifth of the world’s undiscovered, technically recoverable oil and natural gas reserves, the U.S. Geological Survey reported.

For more on the study, check out the Associated Press story.

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Rice defends nuclear deal with India

Secretary of State Condoleezza Rice was encouraged by a U.S. pact with India on nuclear energy.

The pact would open India’s civilian reactors to international inspections in exchange for the nuclear fuel and technology. India had been denied such outside help in the past because of its refusal to sign the Nuclear Nonproliferation Treaty and its testing of atomic weapons.

For more on the deal, click here.

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Schwarzenegger threatens California state workers with minimum wage

California governor Arnold Schwarzenegger has threatened to pay all state workers the federal minimum wage until the state legislature finds a solution to the $15.2 billion budget deficit for the fiscal year that started this month.

The federal minimum wage of $6.55 is $1.45 per hour less than California’s state minimum wage.

As the stalemate has lingered, Schwarzenegger’s rhetoric has ratcheted up, leading to this threat.

The thousands of state employees would receive their regular salaries retroactively, once a compromise bill is passed.

This casts a pallor on those ads where Schwarzenegger urges us all to move to California, doesn’t it?

For more on Schwarzenegger’s threat, read the Associated Press story.

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Baylor regents resume meeting to discuss President Lilley’s future

Following breakfast, Baylor University’s Board of Regents resumed meeting this morning at the Gaylord Texan hotel in Grapevine.

Regent Chairman Howard Batson said following Wednesday’s meeting that regents would discuss President John Lilley’s role in the future of Baylor University.

For updates, check back with WacoTrib.com.

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Dolly soaks South Texas but levees hold

Hurricane Dolly slammed ashore with 100 mile per hour winds, then lingered as a tropical storm over South Texas, dumping as much as 12 inches of rain. Levees held overnight, but another 7 inches of expected rain may cause widespread flooding along the coast today.

For the latest news on the storm, click here.

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A break from the heat?

This may be our one day of respite from the summer heat. We have a 40 percent chance of storms from the tail end of Hurricane Dolly, with a high of 89 expected today.

A 20 percent chance of storms continues for tonight, with a low of 75 expected.

But tomorrow we’ll return to sun and heat, with a high of 99 expected.

Enjoy it while it lasts.

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