Polk County Enterprise (Livingston, Tex.), Vol. 108, No. 6, Ed. 1 Sunday, January 21, 1990 Page: 1 of 18
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Volume 108 Number 6
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Fatality
recorded
SEVEN OAKS - A 27-year-old
Center man was struck and killed by
a vehicle on U.S. 59 in Seven Oaks at
approximately 3:10 a.m. Saturday.
Marlon Anthony Keele was pro-
nounced dead at the scene by
Precinct 4 Justice of the Peace
Howard Lilley.
According to Texas Highway
Patrol Trooper Ross J. Cox Sr., who
investigated the incident along with
Sheriff’s Deputies Robert Parrish,
Deryl Oates and George Shotwell,
Keele had been given a ride from
Corrigan to Denny’s Den in Seven
Oaks Saturday evening.
Preliminary investigation indicates
Keele became intoxicated and was
involved in several altercations in
the club and in the club parking lot.
“He was unable to be pursuaded to
leave due to his rage, agitation and
combativeness and the subject was
left there,” Cox said.
Keele is then believed to have
walked to Mack’s Truck Stop, where
he allegedly broke several windows
out of a parked vehicle, according to
the trooper. Investigators believe
the subject then proceeded to a
residence, where he knocked out
several windows with shovel. An
elderly man inside the residence,
fearing for his safety, got a shotgun
and fired at the subject, who then
ran toward U.S. 59, Cox said.
“The Corrigan Police Department
had several reports of a man with no
shirt on standing out in the middle of
the roadway, covering both his eyes
with his hands, facing traffic,” the
trooper stated. Keele was struck by
an unknown vehicle in the north-
bound lane. The driver left the scene
and had not been located at press
time.
Keele’s body was taken to Cor-
rigan Funeral Home and an autopsy
has been ordered by Judge Lilley.
Although results of the autopsy are
pending, Cox said there were no ap-
parent wounds from the shotgun
blast on the body.
In shooting death
Deputy cleared
IJVINGSTON - A Polk County
deputy sheriff has been cleared of
criminal liability in the Dec. 15
shooting death of a 44-year-old
assault suspect.
A Polk County grand jury “no bill-
ed” Sgt. George Shotwell Sr. Thurs-
day after investigating the officer’s
involvement in the shooting death of
Henry Randolph of Livingston.
District Attorney Terry Brown
said Friday the grand jury found no
cause to bring criminal charges
against the deputy.
“It’s my understanding that it was
a combination of self defense and an
accident,” Brown said. “He never
intended to shoot the suspect.”
Brown said the shooting occurred
after Shotwell and Randolph and
been fighting “for an extended
period of time”. The deputy was
knocked down at one point and drew
his service revolver in an attempt to
stop the fight. “When he drew it, it
went off.”
The shooting occurred about 8:40
a.m. Dec. 15 while Shotwell was at-
tempting to arrest Randolph in con-
nection with sin earlier assault inci-
dent.
According la a statement issued
by Livingston Police Cheif Dennis
Clifton at the time of the shooting,
Shotwell as assisting city officers in
investigating an incident in which a
Livingston woman was assaulted on
Colita Street..
Clifton said the woman identified
Randolph as the assailant. He was
placed under arrest after he ap-
parently entered a residence on
Preston Street without the owner’s
permission.
While Shotwell was attempting to
place handcuffs on Randolph, a
struggle broke out and the suspect
was shot once in the left side by the
deputy’s .357 caliber service
revolver.
Randolph was pronounced dead at
Polk County Memorial Hospital a
short time later.
The shooting was investigated by
Livingston police as well as by
Texas Rangers from Lufkin and
Huntsville.
Fenry arraignment set
ENTERPRISE PHOTO BY KENN SCHMIDT
IS IT SAFE? - First grader Lisa Cruz works weather forecasters are saying we might get
intently on folding her umbrella as she walks
home from school. After a soggy week,
a break in the rain, but Lisa had better not
put her umbrella too far out of sight.
LIVINGSTON - Former death
row inmate Johnny Paul Penry will
be arraigned on a capital murder
charge at 2 p.m. Thursday before
258th District Judge Joe Ned Dean in
Groveton.
The arraignment of the 33-year-
old mentally retarded man is the
first step in his retrial in connection
with the Oct. 25,1979 rape-murder of
Livingston housewife Pamela
Moseley Carpenter.
Polk County District Attorney
Terry Brown said Friday that when
Penry is taken before Judge Dean
Thursday, he will be formally
transferred from the state’s prison
Refurbishing proposed, propane test working
Bus business dominates USD discussion
LIVINGSTON - The $20,000 in-
cluded in the Livingston Indepen-
dent School District’s 1989-90 budget
for the purchase of used school buses
may be used instead to refurbish
buses already owned by the district.
The possibility of having several
buses reworked at the Texas Depart-
ment of Corrections in Huntsville
was discussed during Thursday
night’s regular school board
meeting, but no action was taken.
Assistant Superintendent for
Business Joe Cogbill said it costs
about $12,000 to replace a bus engine
and running gear, plus have the
frame rewelded and the bus body
primed and repainting through the
TDC program. In the LISD’s case,
bus engines usually outlast the
bodies, so there is a possibility the
district could have several bus
bodies repaired at considerably less
cost, he said. He estimated the
district could have three buses
refurbished in Huntsville for a total
cost of $21,000.
Used buses purchased from the
Cypress-Fairbanks ISD last year
are good mechanically, “but are
shaking all apart,” Superintendent
Jerry Major said, indicating the pur-
chase of additional used buses is still
an option.
Trustee Martha Watson asked
whether the district needs to add
buses to its fleet. Major said three to
five more buses are needed, “but
right now that is out of the question”
due to financial limitations.
Trustee Bob Dockens asked how
the district’s conversion of four
buses to propane fuel is working..
The district recently converted four
buses to propane as an experiment
to see if conversion of the entire bus
fleet is feasible. “The bus drivers
like them,” Cogbill said, adding the
drivers have noticed no difference in
the engine power of the buses.
Due to an agreement with Gilbert
Gas, under which the buses were
converted, the price paid for pro-
pane during the experiment is lock-
VF impact reflected in tax
LIVINGSTON - The opening of
VF Factory Outlet in Livingston con-
tributed to an increase in sales tax
rebates for the city and county this
period.
“With this check, we are already
seeing an increase because of VF,”
City Secretary Marilyn Sutton said,
“and this does not reflect sales in
December.”
The rebate received was for the
month of November, which was just
a partial month for VF, considering
it did not open until Nov. 11. •
According to Sutton, projected
first year sales for VF are $6 million,
which would result in rebates for the
city amounting to approximately
$90,000.
Livingston experienced a 39.07
percent increase this period. “We
had been running about 12 percent,”
Sutton said, citing an 11.59 percent
increase for calendar year 1989 over
calendar year 1988.
“There will be added increases,”
Sutton said. “This is just a first.”
The net payment this month for
Polk Comity’s sales and use tax was
$45,673, which is up 35.14 percent
from $33,797, the payment fur this
time last year.
Polk County’s payments to date
for 1990 are $45,673, a 35.14 percent
increase over last year’s payments
to date which were $33,797.
The net payment this month for ci-
ty sales and use tax for the five cities
in Polk County was $103,467, which is
up 37.68 percent from $75,148, the
payment for this time last year.
The net payment of Livingston’s
city sales tax increased 39.07 per-
cent, from $62,995 to $87,606;
Onalaska’a increased 6.19 percent,
from $6,977 to $7,409; Corrigan’s in-
creased 60.16 percent, from $4,142 to
$6,634; Seven Oaks’ increased 21.59
percent, from $1,034 to $1,257; and
Goodrich’s net payment was $562,
compared to no payment this time
last year.
Livingston’s payments to date for
1990 are $87,606, a 39.07 percent in-
crease over last year’s payments to
date which were $62,995; Onalaska’s
payments to date for the year are
$7,409, a 6.19 percent increase over
last year’s payments to date which
were $6,977; Corrigan’s payments to
date for the year are $6,634, a 60.16
percent increase over last year’s
$4,142; Seven Oaks’ payments to
date for the year are $1,257, a 21.59
percent increase over last year’s
$1,034; and Goodrich’s payments to
date for the year are $562, compared
to no payment for the previous year.
The five cities1 payments to date
fur 1990 are $103,467, a 37.68 percent
increase over last year’s payments
to date which were $75,148.
State Comptroller Bob Bullock
said last week that strong retail
sales in November resulted in a 10
percent increase over January’s
sales tax rebates to cities and coun-
ties.
“Texans continue to be optimistic
about the state’s economy and this
month’s healthy payments are proof
of that consumer confidence,”
Bullock said.
January’s payments to cities total-
ed $70 million, almost 10 percent
more than last year’s figure of $64
million at this time, Bullock said.
Payments to counties totaled $7.2
million this month, compared to $6.1
million last January. The 18 percent
jump over last January’s payments
is partly due to the increased
number of counties collecting sales
tax now, Bullock said.
Merchants collect the state, city
and county sales taxes and send
them to the comptroller’s office with
their tax returns. The state keeps its
6 percent share and each month
sends cities and counties their por-
tion of the sales tax.
This month’s checks reflect taxes
collected on November sales and
reported in December by businesses
filing monthly tax returns.
All local sales taxes must be ap-
proved by local voters and may be
used for any legal city or county ex-
penses. Most areas put the money in
their general fund and use it for nor-
mal operations like fire fighting,
maintairing roads and law enforce-
ment, Lullock said.
ed in at 49 cents per gallon, so the
district has not been affected by the
soaring price of propane which oc-
curred following last month’s cold
weather.
In other bus-related topics,
Primary School Principal Danny
Tinney said the recent addition of
two-way radios on school buses is
already paying off. He cited one in-
stance when a parent whose child
Court addresses
March election
LIVINGSTON - Hiring of election
judges to man the three absentee
voting locations for the March
primary elections is among the
items on the agenda for Monday’s
regular meeting of the Polk County
Commissioners’ Court.
Absentee voting for the March 13
election will be held Feb. 21 through
March 9 in Livingston, Corrigan and
Onalaska.
Commissioners are also scheduled
to discuss and take possible action
concerning parking at the Polk
County Health Center, agree to
advertise for bids on the purchase of
county landfill equipment and open
bids on repair of the tax office roof.
An executive session is also in-
cluded on the agenda.
The meeting will begin at 10 a.m.
in the Commissioners’ Courtroom,
Polk County Courthouse.
had not arrived home on time called
the school to see if the child had
missed the bus. The principal was
See BUS pg. 4A
system to local custody.
“We’re still not sure where he will
be held - in Polk or Trinity County,”
Brown said. “That’s something that
we’ll be discussing next week.”
The first trial in the case was mov-
ed from Livingston to Grcveton on a
change of venue request from
Penry’s attorney, John Wright of
Huntsville.
Following a seven-day trial, Penry
was convicted on April 1,1980 of the
brutal rape-murder and the follow-
ing day the Trinity County jury
deliberated only 31 minutes before
handing down a death sentence in
the case.
However, the death sentence was
set aside last year by the U.S.
Supreme Court which ruled in a 5-4
decision that Texas law did not allow
the trial jury to fully consider
Penry’s mental handicap as a
mitigating factor. ,
Although the court overturned the
sentence, they also ruled 54 that the
U.S. Constitution does not prohibit
states from seeking the death penal-
ty against mentally retarded
criminals.
To Leggett ISD board
Trustee welcomed
LEGGETT -- The Board of
Trustees of the Leggett Independent
School District welcomed new board
member, Rev. Curtis Hester, at its
regular meeting Thursday.
Hester is filling the position left
vacant by B.K. Johnson’s resigna-
tion. The board elected board
member Edward Jefferson to be
vice president, an office Johnson
formerly held.
Superintendent Ed Walker
reported that 25 percent of the cur-
rent taxes have been received and 15
percent of the delinquent taxes have
been received. Walker said both
figures are better than last year’s.
Principal Wayne Geeslin reported
on the TEAMS test scores of the 11th
graders. All students passed the
language arts section but five
students did not pass the math sec-
tion.
Walker said the school has already
started remediating these students
to get them where they can pass.
The students will have another op-
portunity to take the test in May.
Walker reported on proposals he
has submitted to the Job Training
Partnership Act, concerning pro-
grams for the summer of 1990 and
the 1990-91 school year.
The board upgraded the title and
job description of Sherry DeWalt,
the superintendent’s secretary. Her
new title will be administrative
assistant for finance.
The board approved update No. 38
of the local policy manual.
The board also approved a new
policy for determining six weeks
grades. In the past, the average of
the chapter tests counted 50 percent,
the six weeks test counted 25 percent
and the daily grade average counted
25 percent.
Under the new policy, the average
of the chapter tests will count tor 80
percent, the daily grade average
will count for 40 percent and a for-
mal, required six weeks test has
been abolished.
Following an executive session,
the board voted to extend the
superintendent’s contract for
another year-
Other business included approval
of the minutes and payment of bills.
TV plan expands curriculum
GOODRICH - The Board of
Trustees of the Goodrich Indepen-
dent School District heard a report
from Superintendent Don Reynolds
concerning the new TI-IN Network
at its regular meeting Thursday.
Having recently subscribed to the
TI-IN Network, file district has had
a satellite dish installed and is now
receiving programs.
Through the network, students
may take classes in addition to those
offered in the school’s regular cur-
riculum, such as Spanish, French,
Sociology, Trigonometry and
Elementary Analysis.
Members of the board will also
have the opportunity to take their
board member training sessions
through file network.
Steve Redd of Redico Construction
visited the meeting to approach the
board about file possibility of waiv-
ing the penalties and interests that
have accrued from some back taxes
that his company owed and has
recently paid. .
After some discussion, the board
chose to put the item on a future
agenda and take action at next
month’s meeting.
Although the board discussed pro-
posals from several potential
auditors for the 1986-60 school year,
the item was tabled until next
month’s meeting.
Reynolds reported that the State
Purchasing and General Services
Commission has given file district
permission to dispose of two 1970 In-
See INVENTOR Y pg. 4A
1;
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 108, No. 6, Ed. 1 Sunday, January 21, 1990, newspaper, January 21, 1990; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth781751/m1/1/: accessed July 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Livingston Municipal Library.