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Fatal Hit-and-Run Case to Go to New Grand Jury

Written By Unknown on Jumat, 08 Maret 2013 | 23.23

Scott Gordon, NBC 5 News

The DA's office agrees to throw out the indictment of a former teacher accused of killing a young boy in a hit-and-run in January.

Fatal Hit-and-Run Case to Go to New...

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The Dallas County District Attorney's office agreed on Thursday to throw out the indictment of a former Grand Prairie teacher accused of killing a young boy in January and will present the case to another grand jury.

Tammy Lowe, 53, is charged with manslaughter and failure to stop and render aid in the Jan. 24 hit-and-run crash that killed 6-year-old John Raidy.

The unusual move to throw out the indictment came after Lowe's attorneys said prosecutors had reneged on an agreement to allow them to present a defense to the first grand jury.

"It's dirty pool when you don't keep your word," said Susan Anderson, Lowe's attorney.

Tammy Lowe Indictment Thrown Out

The Dallas County District Attorney is going to throw out the indictment against Tammy Lowe, the teacher accused of running over 6-year-old John Raidy then driving off.

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Lowe resigned as a teacher five days after the hit-and-run crash, the same day she turned herself in to police.

Prosecutors said they are under no legal obligation to allow defendants or their attorneys to give information to grand juries but acknowledged they had agreed to in this case.

"We're going to go back and we'll end up dismissing that indictment and present the case to another grand jury and give him an opportunity to present," said Heath Harris, the Dallas County district attorney's top assistant. "This office is all about credibility and doing the right thing."

Lowe's attorneys also complained about police seizing her car and refusing to return it.

Police say it is evidence.

"Why are you keeping her car?" said Cameron Gray, another defense attorney. "Are you going to drive it into the courtroom during the trial? This is a 53-year-old grandma teacher who needs her car."

Gray said he is loaning Lowe his car and also has given her a job in his law office.

Lowe appeared at the news conference with her attorneys but did not say a word.

"She's not going to be talking because I told her not to, so don't ask her any questions," Gray told reporters as the news conference began. "You're wasting your time. She's not going to answer them. That's not because she has something to hide; she has nothing to hide."

Gray said Lowe has an explanation why she hit the boy and didn't stop, but he declined to elaborate.

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Man Charged with Vehicular Manslaughter in NYC Crash that Killed Couple, Baby

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A man arrested in connection with a car crash in New York City that killed a rabbinical college student, his pregnant wife and their baby faced a charge of vehicular manslaughter Thursday, police said.

Julio Acevedo was to appear in front of a judge Thursday night in state Supreme Court in Brooklyn.

He had arrived in New York earlier Thursday after agreeing to be returned from Pennsylvania, where he had surrendered to police in the parking lot of a Bethlehem convenience store a day earlier.

Livery Driver in Deadly Hit-Run Visits Victims' Families

Pedro Nunez, the livery cab driver whose car was hit by a hit-and-run driver, visited the families of the young couple killed in the wreck. Checkey Beckford reports.

WATCH: Hit-Run Suspect Waives Extradition

The suspect in connection with the Brooklyn hit-and-run crash that killed a pregnant woman and her husband on their way to a hospital Sunday has waived extradition from Pennsylvania. Julio Acevedo will return to New York to face charges.

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Acevedo was arrested on a charge of leaving the scene of an accident but had been expected to face more serious charges. The New York Police Department said the charges would include three counts each of criminally negligent homicide of leaving the scene of an accident.

Acevedo was accused of barreling down a Brooklyn street at 60 mph early Sunday and crashing into a hired car carrying Nachman and Raizy Glauber, who were on their way to a hospital.

The Glaubers, both 21, died Sunday. Their son, delivered by cesarean section, died Monday of extreme prematurity due to blunt-force injuries to his mother, who was seven months pregnant and was thrown from the hired car, the city medical examiner's office said.

The hired car that had been carrying them had a stop sign, though it's unclear whether the driver stopped. The driver was knocked unconscious.

At an appearance in Pennsylvania, Acevedo, 44, told Judge Kelly Banach that he had finished the 11th grade, was unemployed and lives in Brooklyn with his mother. He wore an orange jumpsuit and was shackled at the ankles and wrists.

His surrender was brokered by a friend who had been in touch with police earlier Wednesday. The friend met officers at New York's Grand Central Terminal and led them to Acevedo in Bethlehem, about 80 miles away, police said. The friend had told police that Acevedo would surrender after consulting an attorney, but there wasn't one with him when he turned himself in, police said.

Acevedo told the Daily News that he was fleeing a gunman who was trying to shoot at him when his borrowed BMW slammed into the Glaubers' hired car. He told the newspaper he fled because he was worried he would be killed. But police said there were no reports of shots fired in the area at the time of the wreck.

The couple belonged to a close-knit ultra-Orthodox Jewish community in Brooklyn, which is home to the largest community of ultra-Orthodox Jews outside Israel, more than 250,000. They were members of the Satmar Hasidic sect.

Nachman Glauber, whose family founded a line of clothing for Orthodox Jews, was studying at a rabbinical college. Raizy Glauber grew up in a prominent rabbinical family.

The couple's son was buried Monday near their graves, a community spokesman said. About a thousand community members turned out for the couple's funeral a day earlier.

___

Associated Press writer Michael Rubinkam in Bethlehem, Pa., and photographer Mary Altaffer contributed to this report.

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Police: Grandma in Amber Alert Has Family in Garland

DPS and NBC 5

Bonnie Benton Miller, center, is suspected of abducting her grandchildren, 2-year-old Nevaen Kimora Simpson, left, and 1-year-old Jordan Malik Simpson. They are believed to be in a silver, four-door 2005 Honda Accord with Texas license plate CYX069.

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Authorities say a Texas grandmother suspected of kidnapping her two Houston County grandchildren has family in Garland.

Authorities issued an Amber Alert on Thursday for the two toddlers, 1-year-old Jordan Malik Simpson and 2-year-old Nevaen Kimora Simpson.

KPRC-TV in Houston reports that Bonnie Benton Miller refused to return the children to their father after a Christmas visit. Their father recently received sole custody of the children after their mother died, and Miller left with the children while court proceedings were being finalized, authorities said.

Jordan Simpson is black and has black hair and eyes. He is 1 feet 6 inches tall and weighs 20 pounds.

Nevaen Smith is black and has black hair and brown eyes. She is 3 feet tall and weighs 35 pounds. Investigators say she was last seen in a light-colored jack, a pink or red shirt and black pants.

Miller, 48, has black hair and brown eyes. She is 5 feet 6 inches tall and weighs 183 pounds.

Investigators said they believe Miller and the children are in a silver, four-door 2005 Honda Accord with Texas license plate CYX069.

KPRC reported that Miller was last heard from in Kennard. In addition to her relatives in Garland, she has friends in Houston, the station reported.

Anyone with information on the case should contact the Houston County Sheriff's Office at 936-544-2862.

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City Policy Prohibits Typing and Driving: DPD Chief

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Dallas Police Chief David Brown gave his first formal interview about a nine-month-long NBC 5 investigation that found police officers in Dallas and across Texas were causing car crashes by typing on mobile dashboard computers while driving.

Brown told NBC 5 Investigates that, except for emergency situations, the Dallas Police Department does not allow their officers to type on mobile dashboard computers, or MDCs, while driving.

"We prohibit using the MDC while driving, unless it's to save a life," said Brown. "We're still trying to understand where it's grey. We see it very clearly. It's prohibited, except for emergency situations."

The chief's comments come by surprise because there's no direct statement in the police department's policies telling officers not to type and drive and, during an interview that aired July 30, 2012, Deputy Chief Rick Watson told NBC 5 Investigates indicated there was no policy against typing and driving.

"We rely on their judgment and on their discretion. We're not telling them to do it, we're not telling them not to do it," said Watson.

When asked why the department didn't have a clearly defined policy like some other departments, Watson said last summer that the department was looking at reviewing its policy to see if changes needed to be made. NBC 5 Investigates recently reached out to Watson to clarify his comments from last year, but he has not responded and Brown's office has not offered an explanation for the discrepancy.

In his recent interview with NBC 5, Brown said that typing while driving was actually banned two years ago; however the rule isn't spelled out in the police department's policy. Instead, the chief said, it's in the City of Dallas' Human Resources Department Driving Policy which the chief said covers MDC's even though it doesn't mention them by name.

The HR department rules state that city department heads should: "Hold city drivers accountable for the reckless and irresponsible use of electronic devices while operating a vehicle."

But there's an exception in the policy for police officers, "Emergency response personnel acting within the scope of their official duties may utilize electronic devices while driving - if the device is essential for the nature of the emergency response and another employee is not available to utilize the device."

"The exception is where I think the biggest part of this debate is. What's an emergency situation and when can they do it and when can't they do it?" said Brown.

Other police departments have written more specific rules telling officers exactly what they can and cannot do while driving. In Arlington, police department policy limits typing to minimal use such as one button functions when the car is moving, and only if it is safe to do so. In Fort Worth, the department prohibits typing while driving and even requires officers to pull over to read the screen if there's heavy traffic. The Tarrant County Sheriff Department tells deputies to use the radio to request some information instead of typing.

Brown said his department doesn't need such a detailed policy.

"I'm saying our department may be much different from other departments you've looked at. We just don't see, from our experience, officers using the computer and causing accidents," said Brown.

Dallas Police reports and dash cam videos show police officers rear ending other drivers and running off the road. In one case where there's no video, an accident report shows a Dallas police officer using the MDC, crossed the center line and hit another car head-on.

The department says MDCs have caused 17 Dallas police crashes in four years. That may seem like a lot, but with 2,600 department-related crashes in four years, that number of MDC-related crashes represents less than 1 percent of all department-related crashes over that same time period.

"Our driving accidents are down 26 percent, our MDC-usage accidents are 1 percent of our total accidents. That may be much different for another city and their policies may reflect that," said Brown.

Attorney Trey Branham specializes in litigating injury cases. He said if Dallas gets sued over an MDC-related crash, the city would have a harder time defending itself than other cities with more detailed polices.

Branham's advice to the city of Dallas, "Get real specific. What's the harm? You can make exceptions and you can make specific exceptions if you feel like you need them. But there's no harm at all in being very specific about what you want your officers doing and what you don't want them doing and when you want them doing it."

Brown said he wants to leave plenty of leeway to protect officers who might need to type and drive if their life is in danger.

"It would be an - I'm shot at, another citizen is shot bleeding, I can't get radio transmission, all I had was that computer to communicate with the dispatcher to get me help," said Brown.

For that same reason he's not sure he wants to install devices that lock the keyboard when the car moves, but he's interested to see how they work in cities like Farmer's Branch. The city recently became the first police department in Texas to install the Archangel II that prevents officers from typing on dashboard computers while driving faster than 15 mph.

Brown says he will be closely watching what other departments do to address the issue.

"I think you struck a chord with the series. I think you really have prompted law enforcement to look at something that we have just taken for granted -- that putting so much technology in the car could overwhelm an officer," said Brown.

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Keller Teacher Arrested on Sex Assault Charge

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A teacher with the Keller Independent School District has been arrested on a charge of aggravated sexual assault of a child.

Keller ISD sent a notice to Parkwood Hill Intermediate parents on Thursday about fifth-grade language arts and social studies teacher Damon Miller's arrest.

The notice states that Miller resigned from the school on Feb. 22 for personal reasons and was arrested by Keller police on March 4. Keller ISD states that the charge against Miller does not involve any students from Parkwood Hill Intermediate.

The school district released a statement regarding the arrest:

"We are aware of the arrest and investigation, but most importantly we are focused on our students and families at this time.  We believe this is a matter best discussed at home with parents or with a counselor at school.  We have no indication that the reported incident has any connection to the campus or students of Keller ISD." 

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Bumble Bee Foods Recalls Certain Tuna Products

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San Diego-based company Bumble Bee Foods has issued a voluntary recall on specific codes of five-ounce tuna products recently sold to consumers, the U.S. Food and Drug Administration confirms.

The recall includes specific codes of Chunk White Albacore and Chunk Light Tuna cans sold to consumers nationwide between Jan. 17 and Feb. 28, 2013.

The FDA says the company is recalling the products due to loose seals on the cans. Loose seals and seams on food products could result in contamination by organisms or pathogens, and could lead to illness if consumed.

To check which products and codes are included in this recall click here.

Consumers who have purchased any of the recalled products are advised to discard the product immediately. So far, Bumble Bee Food representatives say there have been no consumer reports of illnesses attributed to these products.

Consumers with questions about this voluntary tuna recall or reimbursements can contact Buble Bee Consumers Affairs at (800) 800-8572.
 

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23 Philly Schools Slated to Close

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The Philadelphia School Reform Commission voted Thursday night to save four public schools and close more than two dozen in an effort to save the cash-strapped district about $24 million per year.

School officials say many of the buildings have too many empty seats and are in poor condition. Philadelphia School Superintendent William Hite tweeted shortly after the vote.

"The decision to close schools is always difficult but now we must come together to ensure all students are safe and successful," Hite tweeted.

Opponents say the closures will hurt struggling neighborhoods, disrupt students' education and lead to blight.

Hundreds attended the School Reform Commission meeting immediately after a rally. Nineteen people were arrested on disorderly conduct charges after they tried to stop the school closure vote from taking place by blocking the doors to the auditorium. All 19 were issued a citation and later released, police said.

"These terrible attacks on our teachers, attacks on our students, we have to stand up and fight back, and that's what we were doing tonight," said retired teacher Tom Whitehorn.

Among those arrested, was Randi Weingarten, president of the American Federation of Teachers.

Jerry Jordan, the current president of the Philadelphia Federation of Teachers, released a statement shortly after the vote.

"The SRC's vote to close 24 neighborhood schools is a stark illustration of how out of touch the School Reform Commission is with the parents, students, educators and communities that depend on these institutions.

School closings disrupt students' lives and disenfranchise our poorest communities. It is a misguided, poorly planned and ultimately ineffective action that will do nothing to improve education in Philadelphia.

The entire school closing process wastes time and money that would be better spent exploring what it really takes to ensure that all of our schoolchildren get what they need. Instead of starving our schools, then shutting them down, we should be fighting for adequate education funding so that every school can provide students with the materials, programs, services and extracurricular activities that define a quality public education.

The thousands of people who attended the rally at the school district building today remind us that the fight to save public education in Philadelphia is only beginning. The PFT will continue to stand with the community and demand that the SRC, school district, mayor and governor reset their priorities from cutbacks and concessions to reinvestment in our public schools. "


 

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Dallas Man Fatally Shot in the Head

A Dallas man is struggling to survive after suffering a gunshot wound to the head.

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A Dallas man has died after suffering a gunshot wound to the head.

Neighbors heard gunfire in the 3800 block of Mt. Rainier Street around 2:45 a.m. and called 911.

Police officers arrived at the scene and found the door wide open and the man bleeding on the floor.

Investigators say a gun was found near the victim but that other evidence leads them to believe it was not a suicide attempt.

One woman reported seeing two men running from the home and is giving a statement to police about the incident.

The home is a duplex and police are talking to the woman that lives in the other half of the home about the shooting.

Detectives and crime scene technicians were still collecting evidence and piecing together the series of events early Friday morning.

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Two Women Stabbed During Fight

Jeff Smith, NBC 5

Police are questioning two women who allegedly stabbed each other during a fight.

Two Women Stabbed During Fight

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Police are questioning two women who allegedly stabbed each other during a fight.

Investigators say they believe an argument broke out between the two women which escalated to a fight that had both women grabbing knives and slicing each other.

Both women had deep cuts to their arms. One woman was transported to Baylor Medical Center in fair condition, while the other was in serious condition due to significant blood loss.

Police say the women ran out of an apartment after the fight, leaving a trail of blood out to the parking lot.

Dallas police expect to file aggravated assault charges, though it's unclear if one or both women will be charged.

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