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ROCKWALL – A Rockwall man was one of 32 defendants charged with RICO and immigration violations in the Eastern District of Texas Homeland Security agents Jan. 30 in an employment referral conspiracy involving the Chinese restaurant industry.

Jian Tuan Dong, 47, has either been arrested or will be soon, as well as the other 31 defendants, announced U.S. Attorney John M. Bales and Brian M. Moskowitz, special agent in charge of Homeland Security Investigations in Houston.

Twelve defendants are from the Houston area; one from Dallas; three from Port Arthur; nine from San Marcos, Sanger, Mineola and Brownwood; one from Little Rock AR; and four from Bastrop, Allen and Abbeville LA.

According to court documents, two employment referral businesses operating out of Houston recruited unauthorized aliens – mostly from Mexico and Central America – for work in the Chinese restaurant industry.

These workers routinely worked 12 hours a day, six days a week, were not paid overtime, not permitted to receive tips or gratuities, and were paid in cash by the restaurants.  The restaurants profited by avoiding payment of employment taxes and did not provide any benefits such as health insurance, vacation or sick time.  Workers were paid far less than minimum wage, did not receive health examinations, food safety training, or any job training at any time while employed.

Additionally, these workers were subject to unfavorable living arrangements provided by the restaurant operators, either at the operator’s residence or at another off-site residential location. Living arrangements were overcrowded and sometimes consisted of air mattresses or floors for sleeping.  For instance, 18 people were found to be housed in a 2,000 square foot house.

“The Hong Li Job Agency and the Tai Shan Employment Agency operated a ‘take-out and delivery service’ for restaurants across the region- but they didn’t deliver food.  Instead, they delivered people illegally present in the United States to greedy restaurant owners and managers looking for cheap labor,” said Brian M. Moskowitz, special agent in charge of Homeland Security Investigations in Houston.

“The illicit efforts of the defendants and others like them help push those unlawfully here deeper into the shadows, and the jobs they market serve as a magnet for future illegal immigration.”

Federal indictments were returned Nov. 7, 2013, charging the 32 individuals with RICO conspiracy and conspiracy to transport, harbor, and encourage and induce aliens to reside in the United States.  If convicted, defendants face up to 20 years for the RICO charge and up to 10 years for the immigration conspiracy charge. A grand jury indictment is not evidence of guilt.

This case is being investigated by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) offices in: Houston, Dallas, San Antonio and New Orleans; U.S. Customs and Border Protection, Office of Air and Marine; U.S. Marshals; Police Department’s in Houston, Port Author and Beaumont.  This case is being prosecuted by Assistant U.S. Attorneys in Beaumont.

From Staff Reports

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ROYSE CITY – The Society for the Prevention of Cruelty to Animals (SPCA) of Texas, acting with Hunt County Constable Terry Jones, seized 57 dogs, 26 cats, five puppies and one kitten – all cruelly confined – from a Royse City property Wednesday.

The animals were all living inside a feces-filled, urine-soaked residence on the property.

According to an SPCA news release, most of the dogs were kept in feces and urine-filled crates in the house. One crate also contained dead mice. Several dogs were loose inside the house. Two dogs were found outside, one in a pen next to the residence and another kept in the backyard. One dog was found inside a car that was parked on the property.

The cats and kitten were kept in a separate room inside the house.

The SPCA measured the ammonia level in the residence to be 62 parts per million (ppm). As a point of reference, short term exposure to any ammonia level over 20 ppm or long term exposure to any level over 12 ppm can cause health problems in humans.

The dogs and cats appear to have varying health issues, including hair loss, flea infestation, and nose and eye discharge.

According to the SPCA, this wasn’t the first time they had seized animals from this property. They took 45 animals from it Oct. 15, 2010.

The SPCA and Jones were working with the animal owner for more than a year to bring the animals’ living conditions into compliance with Texas Health and Safety Code. The owner had worked to comply, and had surrendered twelve dogs to the SPCA in December of 2013, but the animals’ conditions had recently deteriorated to the point that the SPCA decided that it was in the animals’ best interest to remove them.

SPCA vehicles transported the animals to the Perry Animal Care Center in McKinney, where medical staff is examining them.

The name of the property owner and location will be revealed at a custody hearing, March 10, at 10 am, at the Hunt County Justice of the Peace, Pct. 1, Courthouse in Greenville, with Judge Wayne Money presiding.

The SPCA news release explained that, according to Texas state law, there isn’t anything that prevents people who have previously had animals seized civilly from them from starting over and acquiring more animals.

If the SPCA of Texas is awarded custody of the animals, they will be individually evaluated for potential adoption or placement on a case by case basis.

To help support the SPCA and its efforts to help abused, neglected and homeless animals and to support other programs and services, click here.

By J.J. Smith

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GREENVILLE – An agreement was reached in a Hunt Co. courtroom Monday for the SPCA to take over ownership of the 89 animals they seized last week from a Royse City property owner.

According to an SPCA news release, the agreement was reached between the animal owner, Hunt Co. Attorney, Hunt Co. Constable’s Office and SPCA. The order was signed by Judge Wayne Money.

The 57 dogs, 26 cats, five puppies and one kitten – all cruelly confined – will now be individually evaluated by the SPCA for potential adoption on a case by case basis.

Since the case is still open, the County Attorney’s Office said they could not yet reveal the animal owner’s name or the property address.

The animals were all living inside a feces-filled, urine-soaked residence on the property. Most of the dogs were kept in feces and urine-filled crates in the house. One crate also contained dead mice. Several dogs were loose inside the house. Two dogs were found outside, one in a pen next to the residence and another kept in the backyard. One dog was found inside a car that was parked on the property.

The cats and kitten were kept in a separate room inside the house.

The SPCA measured the ammonia level in the residence to be 62 parts per million (ppm). As a point of reference, short term exposure to any ammonia level over 20 ppm or long term exposure to any level over 12 ppm can cause health problems in humans.

The dogs and cats appear to have varying health issues, including hair loss, flea infestation, and nose and eye discharge.

According to the SPCA, this wasn’t the first time they had seized animals from this property. They took 45 animals from it Oct. 15, 2010.

The SPCA and Jones were working with the animal owner for more than a year to bring the animals’ living conditions into compliance with Texas Health and Safety Code. The owner had worked to comply, and had surrendered twelve dogs to the SPCA in December of 2013, but the animals’ conditions had recently deteriorated to the point that the SPCA decided that it was in the animals’ best interest to remove them.

SPCA vehicles transported the animals to the Perry Animal Care Center in McKinney, where medical staff is examining them.

By J.J. Smith

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DALLAS – Twenty nine-year-old Rockwall resident Jordan Smith was arrested last week after Dallas Police said he used his cellphone to take photos under the skirt of a teenage girl’s uniform at the Cityplace Target store.

Smith was charged with improper photography or visual recording after confessing to police, according to police records.

“Yeah, I did it. I just have a problem,” he said, according to his arrest warrant affidavit. “I was actually about to go meet my probation officer for my sex addiction class.”

A witness was shopping at the store on Haskell Ave. at about 7 pm when she said she saw Smith take multiple photos under the girl’s school uniform, according to police records. When the teen turned around, he quickly attempted to delete the photos.

The witness told police Smith then fled the location but was brought back by a security guard.

He was being held in the Dallas County Jail on $5,000 bail as of last week.

Editor’s note: “Upskirting” may actually be legal in Texas. Texas’ Fourth Court of Appeals in San Antonio ruled last August that the state’s Improper Photography Statute – defined as photographing another person without their consent to arouse or gratify the sexual desire of another person – was unconstitutional. But because the other three Courts of Appeals in Texas have ruled the law is constitutional, the San Antonio District Attorney’s Office said it would take the legal battle to the the Court of Criminal Appeals — the highest court of criminal review in Texas. We cannot find whether it was or not as of today.

After a similar incident and arrest in Massachusetts in 2010, the state’s highest court ruled last March that it was not illegal to secretly photograph underneath a person’s clothing because the women who were photographed while riding Boston public transportation were not nude or partially nude. A new law was signed into law two days later making “upskirting” illegal in that state.

By J.J. Smith

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SAN ANTONIO – Photos taken under a female’s skirt or dress with a cell phone or camera are apparently legal in some parts of Texas right now, just as it was ruled legal in Massachusetts last March – until a law was passed making it a misdemeanor with a maximum sentence of 2.5 years in jail and a $5,000 fine.

Last August the Fourth Court of Appeals in San Antonio ruled that the Texas Improper Photography Statute – defined as photographing another person without their consent to arouse or gratify the sexual desire of another person – was unconstitutional.

“The statute not only restricts an individual’s right to photograph, a form of speech protected by the First Amendment … but the statute also restricts a person’s thoughts, which the U.S. Supreme Court has held is ‘wholly inconsistent with the philosophy of the First Amendment,’ ” Justice Marialyn Barnard wrote for the three-panel appeals court.

But Bexar County District Attorney Susan D. Reed said afterward her office plans to appeal the appeals court’s decision.It is not yet known if she did.

“Three other courts of appeals in Texas have held the Improper Photography statute to be constitutional,” according to the statement from the DA’s office. “The Fourth Court of Appeals is the only court to have ever held otherwise. District Attorney Reed intends to appeal the case to the Court of Criminal of Appeals, the highest court of criminal review in Texas.”

So apparently upskirt photos can be taken in the San Antonio area without the photographer being arrested or tried, and they may also get away with taking such photos across the rest of the state until the Court of Criminal Appeals rules on the law or the state legislature passes a new law in 2015.

The constitutionality of the Statute was first brought to the courts in July of 2011, when 50-year-old Ronald Thompson was arrested at Sea World of Texas for taking inappropriate photos of children ages 3 to 11 in their swimsuits showing their buttocks and breast areas.

He was charged with 26 felony counts of violating the Improper Photography Statute, which is usually applied in cases where covert cameras are involved. But Thompson hasn’t been tried yet because of the Fourth Court of Appeals ruling.

By J.J. Smith

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HEATH – Heath police say that a 12-year-old boy was found dead in a wooded area in the 1700 block of White Road about 10 pm last night after he was reported missing at about 9 pm.

He was found with a gun shot in his leg.

Multiple reliable Heath sources say his name is Ethan Moran, the son of Daniel and Angela Moran, and he attended Amy Parks Elementary School. Rockwall ISD grief counselors are now at the school assisting children and staff.

Sources said he went for a walk in the woods as he often did but usually returned soon.

A parent-led prayer vigil will be held  for the boy and his family at 12:30 pm today at Amy Parks, 330 Laurence Drive, next to the Heath City Hall.

By J.J. Smith

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HEATH – The official cause of death has not yet been determined of Ethan Moran, the 12-year-old Amy Parks Elementary School sixth-grade student whose body was found Tuesday night in a wooded area near his home.

According to an email from City of Heath Public Safety Chief Terry Garrett to The Rockwall News, his death is still being investigated and there will be nothing to report until he hears from the Dallas medical examiner’s office.

“There has only been one release done so far and there will not be another release done until we hear from the medical examiner,” he wrote. “Until then, it is still being investigated and there is nothing else to report.”

The first news release was issued early yesterday morning by Chief Garrett stating a missing child “was found deceased by a fatal injury” by a search team at about 10:o9 pm Tuesday night.

His complete statement follows:

“On April 22, 2014, at 9:12 pm, Heath DPS officers received a call regarding a missing 12 year old in the 1700 block of White Road in Heath, Texas. A command post was set up and search efforts were activated to comb an approximate 300-400 acre area. At 10:09, one of the search teams reported that the child was located. The child was found deceased by a fatal injury. The circumstances of his death are still under investigation. At this time there is no reason to believe there is any existing threat that should concern residents.”

By J.J. Smith

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HEATH – The City of Heath Department of Public Safety today announced that the investigation into the April 22 death of 12-year-old Amy Parks Elementary School student Ethan Moran is ongoing.

According to the Heath DPS news release, family members told police that Ethan enjoyed walking in the woods close to his home but always returned by dark. He was reported as missing to the Heath DPS at 9:12 pm, and found at 10:09 pm in the 1700 block of White Rd. deceased due to a fatal gunshot wound.

Interviews with family, friends, teachers and classmates have been conducted, and the gun found on the scene has been submitted to the Southwest Institute of Forensic Science in Dallas for further testing. Additional lab tests are also pending. There was no evidence of foul play at the scene, said police in the news release.

“We are hopeful the results from these tests will give us a better understanding of how the death of Ethan Moran occurred,” said Lt. Scott Trammell of the Heath DPS.

By J.J. Smith

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BEAUMONT – The former Hunt County constable sentenced to 75 years in prison last October for murdering Rockwall mother of three children Jessica Aguilar, at The Harbor in 2013, and wounding her friend from Dallas, Francisco DelaCruz, was found dead last week in his prison cell from an apparent suicide.

According to the Texas Department of Criminal Justice, the body of Anthony Dewayne Lewis, 49, was found on the floor of his assigned cell in the Stiles Unit in Beaumont April 30. He had what appeared to be a self-inflicted laceration to the right side of his neck. After being rushed to the infirmary, he was pronounced dead at 12:40 pm.

Lewis was sentenced to 60 years after waiving the right to a trial and pleading guilty to gunning down his former girlfriend. He was also sentenced by 439th District Court Judge David Rakow to 15 years for Aggravated Assault With A Deadly Weapon, to be served concurrently.

Lewis shot Aguilar, 33, six times at close range in the parking lot of The Harbor Feb.16 and then shot and wounded Dela Cruz, 40, three times before being caught in Greenville after engaging in a shoot-out with law enforcement. He and Aguilar had dated for several years until Aguilar broke up with him shortly before she was murdered.

When contacted that afternoon, Aguilar’s sister told The Rockwall News that the three children now live with her and her family in Rowlett, are much loved by their extended family and are moving on with their lives.

She said she remembered her father’s words at the sentencing when he said in an impact statement to Lewis:

“Your soul belongs to the Devil. The Devil is waiting for you and he knows your time on earth will end soon. The Devil knows the minute and hour and the date that he will sign your death certificate.”

By J.J. Smith

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GARLAND – The body of a missing man, Tran Cuong, 28, was recovered in about six feet of water from Lake Ray Hubbard about 9:55 pm Sunday by park officers and game wardens.

He was swimming in the lake near but reported missing, police said, around 6:45 pm in the 550 block of Locust Grove Rd., which is near Wind Surf Park.

His death is being investigated as an accidental drowning, according to officials.

It was the first drowning of the year at Lake Ray Hubbard.

By J.J. Smith

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ROCKWALL – A three-year-old female child passed away yesterday from injuries believed to have been sustained in an accident in a home in the 700 block of Hail Dr. behind Home Depot.

According to Rockwall Police, officers responded to a medical call at about 4:50 pm when they were directed to a bedroom in the home. Rockwall EMS arrived and transported the child to an area hospital but, in spite of resuscitation efforts, the child died.

The name of the child is being withheld by police. The case is under investigation by the Rockwall Police Criminal Investigation Division.

By J.J. Smith

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ROCKWALL – Rockwall Police issued a statement yesterday that their preliminary investigation indicates that the three-year-old girl who died Monday accidentally pulled a TV off of a table and onto herself.

Despite resuscitation efforts, the child passed away from injuries believed to have been sustained during the accident.

The accident took place in the 700 block of Hail Dr. , in a neighborhood behind Home Depot.

Police responded to a 911 medical call about 4:50 pm. Rockwall County Emergency Medical Services arrived at the location and transported the girl to an area hospital.

The name of the child is being withheld at this time, while the case is still under investigation by the Rockwall Police Criminal Investigation Division.

By J.J. Smith

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Devin Oliver (right), Aubrey Butts (Dallas Morning News photo)

PARIS TX – Former Rowlett High School girls basketball player Devin Oliver, 20, who was a member of the Texas A&M-Commerce women’s basketball team, was killed with a teammate Tuesday when the car they were riding in was hit by an 18-wheeler.

Also killed was 21-year-old Aubrey Butts, who graduated from Lewisville High School. The women were in the back seat.

Taken to the hospital with non-life-threatening injuries were two other team members, the car’s driver – 21-year-old Latisha Hearne – who graduated from Richardson High School; and front passenger, 19-year-old Zeonbia Winbush, from Schertz TX.

Police said it happened just before 6:30 pm at the intersection of Loop 286 and FM 1497. The women in the car stopped at a stop sign, pulled out into the intersection and then were hit by the semi-truck.

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ROCKWALL – The Rockwall Police Department is seeking your assistance in identifying the subject in this photo, who was recently involved in a theft that occurred at the Centsible Thrift Store at Rockwall County Helping Hands.

If you can help identify this subject, contact Rockwall County Crime Stoppers at 972-771-8477.

You may also text your tip to Rockwall County Crime Stoppers by entering keyword “Rockwall” plus your message and send it to 274637.

You may remain anonymous.

By Staff

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ROWLETT – Rowlett Police say that 30-year-old Amanda Todhunter shot and killed her ex-boyfriend, 35-year-old U.S. Navy recruiter, Brandon McClain, and then committed suicide after 3 pm Saturday in the home they shared until two weeks ago in the 5600 block of Luna Dr.

Family and friends told police that she was upset about him breaking up with her.

Lt. David Nabors with Rowlett Police said officers found their bodies around 1:30 pm Sunday after McClain’s mother went to the home to check on him, saw her body on the kitchen floor and called 911. Both victims had been shot in the head.

She told police she grew concerned after he did not attend his son’s baseball game as he was expected to.

Nabors added that police are treating the case as a murder-suicide because the doors were locked on the inside and there were no signs of forced entry. They also found a weapon near the crime scene. The Dallas Medical Examiner confirmed that she committed suicide.

Over the past few months police have responded to two 911 calls from the home. In February, Todhunter reported a domestic assault, but did not press charges. Then, in May, McClain claimed his ex-girlfriend had a gun and was suicidal. She was not home when police arrived.

Although no children were home at the time of the shootings, Todhunter and McClain each leave behind two children.

By J.J. Smith

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DALLAS – The body of 69-year-old Rowlett fisherman William Neskorik was recovered by Dallas Police about 10 am today on the Rockwall side of the Hwy. 66 bridge after a 911 call reported him missing yesterday at about 5 pm and a search was conducted until midnight.

Police say he went fishing by himself about 6:30 am yesterday and his pontoon boat was found drifting near the Hwy. 66 bridge about noon.

His cause of death is pending an autopsy by the Dallas County Medical Examiner.

By J.J. Smith

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CADDO MILLS – A Royse City resident was killed Saturday night after receiving at least one gunshot wound during a birthday party at a residence on County Road 2737 and his death is currently being investigated by the Hunt County Criminal Investigation Division.

According to the Hunt County Sheriff’s Office, Estanislado Theodo Hernandez, 37, died at Parkland Hospital as a result of two gunshot wounds after he was air transported there.

But his step-father, Jim McDonald, told the Greenville Herald Banner that he was only shot once in “a tragic accident.”

“There was only one gunshot fired,” McDonald insisted. “The home owner never intended for it to happen. It was just an altercation which got out of hand.”

McDonald said he, Hernandez’s mother and the home owner are all distraught over what happened.

Hunt Co. Sheriff Randy Meeks said his office received a call at around 7 pm Saturday of a possible shooting. Deputies arrived and found that Hernandez had suffered at least two gunshot wounds.

“Information recovered determined that they were having a birthday party at the residence when a disturbance occurred,” Meeks said. “The victim was shot by the owner of the residence.”

No arrests had been reported as of Monday evening in connection with the shooting.

Hernandez’s death was the third homicide involving a shooting reported in Hunt County so far in 2014.

By J.J. Smith

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Kaufman County Sheriff’s Office Photo

ROCKWALL – The man accused of murdering former Kaufman Co. District Attorney Mike McLelland, his wife, Cynthia, and former Kaufman Co. Assistant Mark Hasse was turned over to Rockwall County authorities in late June and is now being held in the Rockwall County Jail in lieu of $23 million until his trial begins Dec. 1.

Former Kaufman County Justice of the Peace Eric Williams and his wife, Kim, are accused of killing the McClellands in their Forney home March 30 and accused of gunning down Hasse in the Kaufman Co. Courthouse Annex parking lot Jan. 31.

Kim Williams will continue to be held in lieu of $10 million bond at the Kaufman Co. Law Enforcement Center.

Earlier this year, Dallas County Criminal District Court Judge John Snipes was appointed to preside over the trial.  He agreed to transfer Williams’ case to Rockwall Co. after the defendant’s defense team asked for a change of venue, claiming that their client would not be able to receive a fair trial in Kaufman Co. because of all of the publicity surrounding the case.

Jury selection will begin Sept. 22, after being reset from June.

McLelland and Hasse had prosecuted Williams, a former Precinct 1 justice of the peace, for stealing county equipment. A jury convicted him in 2012. He lost his job and law license as a result.

By J.J. Smith

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HEATH – The investigation into the April 22 death of 12-year-old Amy Parks Elementary School student Ethan Moran has been closed and the manner of his death has been officially listed as “undetermined,” the City of Heath Department of Public Safety announced yesterday afternoon.

The Heath resident’s body was found in the woods near his home deceased due to a gunshot wound to his head after he was reported missing but the autopsy report released yesterday by the Dallas Medical Examiner’s Office did not state what the exact circumstances were.

“The results of the investigation revealed there were no past or present reasons for Ethan to cause his own death,” said Heath Public Safety investigator Lt. Scott Trammell. He explained that interviews were conducted with family, friends, neighbors, coaches and teachers.

“Everyone investigators spoke with found Ethan to be a healthy and happy young man who loved all aspects of his life.”

Witness interviews, along with numerous close examinations of the scene where Ethan’s body was found, revealed he was handling a pistol that he removed from his home. It is unclear if Ethan knew the pistol was loaded or not. The evidence suggests Ethan was examining the pistol and caused it to discharge.

“After reviewing all the facts and evidence, Heath investigators believe Ethan’s death was an accident,” said Lt. Trammell.

By J.J. Smith

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ROCKWALL – An unidentified armed robber held up Chicken Express at 1810 S. Goliad around Midnight Friday.

There are no reports of anyone being hurt.

Police said an employee at the business after it had closed reported an unidentified man broke a window and entered the location, displayed a weapon and demanded money. After a short amount of time, the suspect ran from the location with an undisclosed amount of money.

Police responded to the report at 12:06 am but the robber had already fled the scene.

Anyone with information is encouraged to call the Rockwall Police Department at 972-771-7721 or the Rockwall County Crimestoppers line at 972-771-TIPS (8477). You may also submit your tip by texting
keyword “Rockwall” followed by your message and send it to 274637.

By J.J. Smith

The post Armed robbery committed at Chicken Express near Midnight Friday appeared first on The Rockwall News.