The Silsbee Bee (Silsbee, Tex.), Vol. 70, No. 17, Ed. 1 Thursday, May 26, 1988 Page: 1 of 32
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Court Of Appeals Affirms
15-Year Prison Sentence
For Batson Woman
The Silsbee bee 125
%
The Ninth District Court of
Appeals affirmed m May 18 a
15-year prison sentence handed
down by a Hardin County jury
to a Batson woman convicted of
murdering her ex-husband.
A six-man, six-woman jury in
July 1966 convicted Virginia
Ann Shorten, then 48, in the
January 1986 shooting death of
Robert William Shorten, 44, of
Batson.
Shorten appealed the con-
viction on the grounds that the
trial court erred in admitting
into evidence testimony and
exhibits relating to an out-of-
court experiment. A second
point of error in the appeal was
that the court erred in instruct-
ing the jury on the existence of
parole laws.
Testimony in the trial re-
vealed Shorten shot her ex-
husband in the chest in a
driveway. Her trial attorneys
claimed the act was in self-
defense. ,
In an experiment conducted
outside of the court, a sheriffs
deputy fired a .30-.% rifle into
a piece of paper to determine
the distance at which the
firearm would produce powder
burns. Court records show no
powder burns were observed
on Robert Shorten’s body.
"In the case at bar, after
reviewing the record, we
determine that the trial judge
did not abuse his discretion in
admitting the evidence and
testimony of the experiment
under the circumstances pre-
sented," the appellate opinion
stated. “In doing so, we think
that the similarities of the
experiment to the events of the
occurrence on trial were suf-
ficient.”
Citing a ruling in another
case as precedent, the court
said that "the dissimilarities did
not defeat the admissibility of
the out-of-court experiment.
These dissimilarities would
only affect the weight to be
given to the evidence.”
The second point of error
concerning the instructions to
the jury on parole and good
conduct time was also over-
ruled by the appeals court.
“Under this record, we do
not find egregious harm. There
is no fundamental error,” the
court stated. “We determine
(Shorten) received a fair and
impartial trial.”
District Judge Britt Plunk,
who presided in the 356th
district court trial, said he was
pleased with the court’s opinion
affirming his court's decisions.
“I think the appellate de-
cision is exactly correct as I
understand the law to be to-
day,” Plunk said.
He admitted the out-of-court
experiment into evidence be-
cause of his belief that it closely
followed the facts of the case.
“I felt it was very close to the
actual situation,” he said.
A warrant will be issued for
Shorten's arrest. After being
arrested, she will be taken to
prison, where she should have
to serve at least one-third of
her 15-year sentence before
becoming eligible for parole,
Plunk said.
VOLUME 70 - NUMBER 17
SILSBEE, TEXAS 77656, THURSDAY, MAY 26,1988
22 PAGES IN 2 SECTIONS
Councilman Thomas LaToof
Is Named Mayor Pro-Tern
Silsbee City Council named a
new mayor pro-tem Monday
night and agroed to go out for
bids on health insurance cover-
age for city employees after
being notified its current insur-
ance is being cancelled.
Council members voted una-
nimously to elect District A
Councilman Thomas LaToof
mayor pro-tem. Mayor Wesley
Latham said it is council tradi-
tion to appoint to the post the
council member who has been
on the council the longest
without serving as mayor pro
tern. LaToof has been a mem-
ber of the council since being
elected in 1986.
Council voted to advertise for
bids for a group health plan for
city employees after receiving
word the underwriter of the
city’s current plan has cancelled
its underwriting for Mutual
Employers Trust.
City Manager Ronald Hick-
eraon said the dty awarded its
group health plan to Mutual
Employers Trust in January.
The policy was underwritten by
Associated Life Insurance Co.,
which notified city administra-
tors Friday that it will cancel
its underwriting for Mutual
Employers as of June 80.
Associated Life had a three-
year contract with Mutual Em
ployers and had only fulfilled*
<me year of the contract before
cancelling, Hickerson said. The
two companies are currently
involved in litigation over the
cancellation.
City Attorney Roger Ratliff
said that Consultants and Ad-
ministrators Inc., a Houston
area agent for Mutual Employ-
ers, is negotiating for another
underwriter and is supposed to
notify the city June 1.
“I don't think the city has any
choice but to let (the plan) for
bids "Ratliff said.
Council also voted to put
Mutual Employers, Associated
Life, Consultants and Admin-
istrators and local insurance
servicing agent Charles Lusco
and Co. on notice that the city
is retaining the right to file a
Ruth Fielder Is
New President Of
School Food Service
Ruth Fielder was installed
president of the Silsbee School
Food Service Association at its
recent final meeting of the year
held at the Golden Corral
Restaurant.
Other officers installed by
mitgoing president, Geneva
Price were: Hasel Kelley, vice
president; Ruby Venable, sec-
retary ami Valet* Crosby, trea-
surer.
Plans have been made for
approximately 16 to attend a
food service convention in Dal-
las June 14-17.
lawsuit, if warranted, to pay
for any difference in insurance
premiums the city might have
to pay to a new company.
In other action, council
awarded the bid for the paint-
ing of the city’s ground storage
tank to Blue Ribbon Lining and
Paint Co. of Houston. Hicker-
son said the $81,000 bid was
within the city’s budgeted
amount for the project and was
the lowest bid.
Council passed a resolution
supporting the Silsbee Little
Dribblers Association's efforts
to bring the organization’s na-
tional tournament to Silsbee.
Mon Is Arrested
After Running Into
Parked Patrol Car
Hardin County sheriff's dep-
uties arrested a Silsbee man
after he crashed into a parked
patrol car early Saturday, ac-
cording to Sheriff H.R. “Mike”
Holzapfel’s reports.
Deputy Kent Walker report-
ed he had stopped to help the
driver of a stalled vehicle about
2:20 a.m. on Highway 96 near
West Chance Cut-Off in Lum-
berton when a vehicle slammed
into the left side of his patrol
unit. Walker was not in his
vehicle at the time, but had to
evade the other vehicle on foot,
reports show.
The vehicle which hit the
patrol car kept moving and was
stopped about a half-mile from
the scene by Capt. Randy
Martin, who had seen the
accident.
Arrested on a charge of
driving while intoxicated (sec-
ond offense) was Mark Richard
Comte, 81, P.O. Box 1412.
Justice of the Peace Kenneth
Enloe set bond at $760.
In other department action,
deputies arrested Harvey
Hollyfield, 62. Star Rt. 2, Box
15, Silsbee, on a charge of
misdemeanor assault. He is
charged with hitting Earl Rich-
ardson of Silsbee with a chain
Friday. Justice of the Peace
Cecil Overstreet set bond at
$1,000.
Arrested on failure-to-
appear warrants in cases of a
minor in possession of alcohol
and having no driver's license,
and on three forgery by passing
warrants was Richard Craig
Scott, 17, Rt. 9, Box 1045, Sour
Lake. He had three $1,000
bonds set on the charges of
forgery and was fined a total of
$260.50 on the other charges.
Deputies are investigating
the theft of an outboard motor
valued at $200 and a digital
clock from a Kountze man.
James Fowler reported some-
one broke into his father’s
house, which he was staying in,
and took the items May 19.
Joe E. Penland of Kountze
reported a $100 radar detector
was stolen from his vehicle
between 8 a.m. and 3:15 p.m.
May 12 at Kountze High Sch-
ool.
County Authorizes Funds To
Replace Five Rural Bridges
Hardin County commission-
ers authorised the payment of
10 percent of the cost to replace
five county bridges and em-
powered County Attorney Be-
vil Wright to hire an attorney
to represent a sheriff's deputy
in a federal court lawsuit in a
meeting Monday.
Commissioners agreed to pay
$80,900 as half of the county's
share in replacing the Village
Slough bridge on Code’s Lake
Road, the Little Pine Island
Bayou bridge at Pine wood, the
Hickory Creek bride on Gore
Store Road and two bridges on
Biscamp Road.
The bridges will be replaced
as the first part of the 1967-91
off-state system bridge replace-
ment and rehabilitation pro-
gram. Federal funds pay for 80
percent of the work, with the
remainder paid by the county.
The program is administered
by the state highway depart-
ment.
Highway department resi-
dent engineer Edward Domin-
guez told commissioners the
department planned to start
the field work on the Hickory
Creek bridge Tuesday.
The county will pay the
remainder of its 20 percent
share of the cost later in the
program, Dominguez said.
In other action, commission-
ers authorized County Attor-
ney Bevil Wright to hire an
attorney to represent Capt.
Jimmy Butler of the sheriffs
department in a lawsuit filed
against him.
Wright said later in the day
Richard Hile of Jasper wifi
represent Butler in the case.
Rex Evitts filed the lawsuit
May 11 in U.S. district court
claiming false arrest/imprison
ment, assault, intentional in-
fliction of emotional distress
and mental anguish, negligence
and gross negligence.
The suit claims Butler arrest-
ed Evitts without a warrant or
probable cause and used exces
sive force during the arrest,
resulting in cracked ribs and
173 Seniors To Graduate At
Lumberton Saturday Night
Lumberton High School com-
mencement exercises will be
held Saturday at 7:80 p.m. at
the Beaumont Civic Center
with 178 candidates to receive
diplomas.
John Sharp will give the
valedictory address and Craig
Bradford the salutatory add-
ress.
CANDIDATES FOR
GRADUATION
Angela Alston
Terri Lea Anderson
Jerry Don Atkins
Larry Brain Baird
Joseph Darran Ball
Randall Darren Baxter
Richard Darrel Baxter
Stacie Ann Baxter
Trey Allen Beaird
Jansen Douglas Bean
Michael James Boggan
Shanna Lyn Bond
Robert Kevin Bonin
Brian Thomas Boram
Donna Michelle Boren
Linda Lea Borg
Crain Allen Bradford
William Robot Bradley O
Stacie Burge
Donald Ray Burnett
Brad Lee Burrows
Kathy Lynn By as
Jeff Douglas Callier
Jeanine Michelle Carnley
Nikki Sussane Carter
Laura Elizabeth Cather
Jennifer Albre Cheshire
Carey Ann dark
Darbie Janet Coco
Alena Joy Collins
Clay Douglas Cox
Bethany Marie Creedon
Glen Michael Cracker
Carl Allyn Crass
Kevin Wayne Cummings
Steven Gerald Daniel
Michael Shannon Darby
Leandra Elisabeth Dean
Jennifer Lynn Deka
Steven John Dorsett
Michelle Lee Drake
Vincent Gerald Duplissey
Melanie Anne Dyer
Michele Anne Flatt
Charles ' lien Follmer
Theresa Marie Fournier
Timothy Arnold Franks
Michael Vance Frazier
Jami Lea Frazier
Stacie Michelle Fruge
Stephanie Diane GalUer
Lori Sue Garrett
Teresa Anne Gibson
Michael Scott Gilliam
Melanie Michelle Goodwin
Molly Cay Gore
Monty Bruce Green
Stephanie Jo Green
Melissa Carol Grider
Dennis Edward Guillory
Paul Joseph Gunter
Rodney Garrett Hammonds
Jon Christopher Hargett
Randal Scot Hargrave
Billy Wayne Harrell Jr.
Shelia Eileen Harris
James Arnold Hartman Jr.
Rottda Lee Haynes
Debra Lynn Henderson
Michael Travis Henderson
William Lee Hernandez
Kimbearlee Xristien Holder
Krista Lauren Holman
Lori Ann Hunt
John William Hussey
George Ross Des IV
Dana Michelle Jagneaux
Donald Wayne Johnson
John Robert Johnson
Kimberly Dionne Jordan
Stephanie Suzanne Kelley
Alisa Katherine Kern
Debra Lynn Kibodeaux
John Edward King
Timothy Lee Knight
Catherine Rose Kroemeke
Michael Todd Langston
Brandi Michelle LaRocca
Lance Darin Latino
Vicky Gail LaVerne
Judy Rene LeBlanc
Lfra Denies Lee
Sherri Lee
Heidi Renee Leger
Cyrus Raymond Lemke
Paula Marie Lemke
Brian Feril Lockridge
Kimberly Michelle Martin
Lynn Patrick Mason
Coby Lynn McConnell
John Eric McIntyre
Tracy Lee McIntyre
John Michael McKeehan
Lisa Michele McKinley
Lisa Dawn McVey
Donna Michelle Merrill
Trad Diane Miller
Phillip Todd Morrell
Dack Waylon Morris
Cynthia Anne Neukirch
Paula Kathryn Newman
Mark Brian Ortego
Christine LaNelle Overstreet
Kenneth William Pajak
Rita Genevive Parfait
Brent Hamilton Parks
Kaaey Wynne Patillo
Donald Keith Peavy
Brenda Carol Peeler
James Patrick Pickett
Amanda Leigh Poe
Tonya Ann Poindexter
James Larry Pope Jr.
Kimberly Annette Price
Shane Edward Prince
Brian James Purks
John Paul Ray
Druanne Marie Reese
Christie Linn Reach
Edward Roland Retherford
Robin Michele Schneider
Tammy Lynn Sciple
Carla Kay Scroggins
William Britt Sellers ,
John Edward Sharp
Stacy Leigh Sherer
Guy Wesley Skelton
Roger (Ben Smith
John Derritt Smith
Heather Lea Sokol
Bonnie Joyce Spillman
Sonya Diana Spinks
Jason Erik Sprayberry
Melanie Ranae Stanley
Mark Lynn Stevenson
David Lee Stiles
Shonna Dian Stinson
Christ! Carleen Stucker
Clay Donathan Stucker
(SeoleiahMSsaSo*. 1, Page T)
damage to Evitt’s shoulder and
arm.
In the lawsuit, Evitts asks
for compensatory and punitive,
damages with the amount to be
determined at trial; pre- and
post-judgment interest;
reasonable attorney's fees;
costs; and other relief to which
he may be entitled.
Butler said he could not
comment on the lawsuit.
In unrelated action, commis-
sioners accepted the final plat
for the Golden Meadows sub-
division in Precinct 2 pending
proof that all taxes due on the
property have been paid.
The court refused requests to
consider granting raises to WIC
department employees and the
Department of Public Safety
secretary. Precinct 1 Commis-
sioner A.E. “Cotton” Redkey,
acting as judge pro tern in
County Judge M.R. “Pete”
McKinney’s absence, said that
the court’s policy has been to
give no raises during the bud-
get year.
Commissioners voted to ap-
point Kent Shaffer of Sour
Lake as a member of the
Hardin County Airport Board
and awarded a contract to East
Texas Exterminating Co. of
Jasper for pest control in the
courthouse, its annex, the jail
and the jury room for $258 per
month.
Commissioners voted to call a
public hearing for 9:30 a.m.
June 13 on the creation of
($•• County Soc. 1, Pago 7)
Lights On For
Seniors '88
“Lights On for Seniors ’881”
This will be the slogan PTA
Concerned Parents Committee
will once again promote and
encourage for the 1968 grad-
uates. Silsbee citizens and
businesses have been asked to
turn on their car lights while on
the road, turn on outdoor lights
day and night and business
lights for 24 hours from eight
a.m. Friday, May 27 until eight
a.m. Saturday, May 28.
The Committee feels that
turning on lights tells the
graduates “We Care!”, and also
says, “Best wishes and success
for every graduate in their new
life as young adults! ” It is to
encourage drug-free and alco-
hol free graduation parties and
activities, Lea Perlitz said.
244 To Graduate At SHS
Commencement Friday Night
Silsbee High School will pre-
sent 244 candidates for gradu-
ation at its commencement
exercises at 7:30 p.m. Friday in
Kirby Memorial Stadium.
JoMarie Willis will give the
valedictory address and Ed-
ward KeUum the salutatory
address. Student body presi-
dent Pat Henry will be the
speaker, while Michelle Mar-
tinson will give the invocation
and Janice Rice man the bene-
diction. Matt Lang will lead the
Pledge of Allegiance and the
school’s band and ehoir will
provide the music.
High honor graduates to be
recognized at the ceremony are
Willis. Kellum, Rice man, Lang,
Melinda Francis, Martinson
and Cecilia Derkits.
Honor graduates are John
Grissom, Angela Rulon,
Shaunde Parker, Sandra Scog-
gins, Johnny Westbrook, Scot
Doyen, Donald Norwood, Nor-
ma Waites, Shannon Hensley,
Tiffany Hawthorne, Teresa
Holmes, Jani Hollister, Hal
Thompson and Amy Snell.
School board president Ro-
bert Herbst will present the
diplomas to the students.
Candidates for graduation
Charles Wade Adams HI
Printella Leverne Adams
Angie Alisa Allen
James Edward Allen
James Harold Allen
John Wayne Allen
Lisa Michelle Allen
Christopher Lee Allsbury
Jeanne Annette Armstrong
Brandy Michelle Arnold
Nels Christopher Arntson
Charley Atkinson HI
Julie Annette Augustine
Philip Darren Avey
Patty Castelan Avila
Stacy Evette Baker
Christopher James Barnes
Gregory Charles Barnes
Card Ann Blount
Beth Ann Blythe
Patrick Bernard Bolton
Christopher Wade Boss
Margaret Ann Brown
Paul Vaughn Brow.,
Shana Lynn Bryan
John Andrew Burnett
Jeneane Marie Bynum
Lisa Dawn Byrd
Mary Ann Cammack
Amy Suzanne Canaier
Christi Michele Carpenter
Albert Earl Carter
Terrance Willard Cartwright
Melissa Ann Chance
Kena Wynette Chandler
LaTunya Yavette Chaney
Serena Kim Chatman
Jason Dwight Clark
William Allan Clements
Johnnie Belinda Cockrell
Kenneth Eugene Collins
Christy Pauline Cooper
Russell C. Crawford
Samuel Mercer Crawford
Shari Lyon Crawford
Elizabeth Ann Cracker
Kenneth Bradley Crocker
Marie Bradley Curtis
Claudia Altonette Davenport
Larry Alan Davenport
Ona Melba Davis
Soncierra Deon Da vis
Dwight Kane Dean
Pamela Nanette Dear
Cecilia Rhys Derkits
Mark Edward Dominguez
Scott Eric Dominy
Holly Ann Donalson
Pamela Sue Dorsett
Scot Graves Doyen
Mary Magdalene Drake
Melissa Ann Drake
Wilbert Ray Edwards
James Claydon Erwin
Robert Andrew Ferguson
Fabian Jerome Ford
Tia Michelle Fortenberry
Eric Damon Foster
Susan Cate Fountain
Renaldo Ray Fowler
Billy Lynn Foxworth
Melinda Ann Francis
Brice Dean Franklin
Melissa Darlene Frederick
Delitha Gene Fredregill
Theresa Faye Fritz
Rhonda Ann Fuselier
Andy Eugene Gardner
Cynthia Sue Gatlin
Shannon Christopher George
Kimberly Gilder
Lisa Ann Goff
Bobby Dwayne Gore
Geraldine Annette Gore
Lance Welby Graham
Gregg E. Gray
John Christopher Griffin
John Calvert Grissom
Jana Angela Guidry
Emilio Gutierrez, Jr.
Kristi Kay Haley
Katrina Rea Hanks
James Wallace Hare
Denise Kay Harper
Teuai Lashawn Harper
Billy Tray Harris
George W. Harris
Deanna Jill Hartman
Amy Michelle Hawthorne
Tiffany Lois Hawthorne
Samatha Anne Haynes
Zeldridge Lee Haynes
Sandra Kay Hazelwood
Patrick Keith Henry
Shannon Clay Hensley
Rebecca Dawn Herrington
Patrick Neal Hicks
Gregory Paul Hight
Joe Riley Hoke
Jani Lea Hollister
Robert, Stanley Hollyfield, Jr.
Jamerson Or land* Holman
Teresa Ann Holmes
Elston Leyon Howard
Michael Edward Howard
Tondala Lance Hubbard
(See Grads Sac. 1. Saga 10)
Silsbee Grads To Receive
*188,000 In Scholarships
Silsbee High School seniors
have been awarded scholar-
ships valued at approximately
$188,000 over four years, in-
cluding awards from clubs,
businesses, associations and
universities.
Students receiving the sch-
olarships. the donors and the
estimated amount of the schol-
arships were:
Angela Wentworth-Alpha
Delta Kappa. Ruth Meek Me-
morial, $250; and Sam Houston
State University Department
of Agriculture and Natural
Resources, one-year scholar-
ship. $1,000.
Melinda Francis-Beta Sigma
Phi, Delta Iota Chapter, $500.
Christina Jones-Class of
1978, $250.
Matt Lang -First National
Bank of Silsbee. $500.
John Grissom. Perry Rhone
and Angie Allen-Griffin-Per-
litz Foundation, $1,000.
Edward KeUum-Herman -
Adams Memorial. $4,000 over
four years; and a one-year
scholarship granted by the
Independent CoUeges of Texas
to be used at one of the
independent schools.
Teresa Karnes-Morris
Mixon Memorial, $3,600 over
four years.
Darren Avey-Silsbee Class
room Teachers. Ida Lewis Me
morial. $500.
Janice Riceman-Silsbee Ed
ucational Secretaries Associ
ation, $500.
Jason Sturrock-Silsbee High
School Art Club. $200.
Lisa Williams--SUsbee High
School Spanish Club. $600.
Angela Ruion-Silsbee Ki
wants Club, David Read Me
morial, $250.
Shaunde Parker -Silsbee
Noon Lions Club. Leo Club
member, $500.
Yolanda Sheffield SUsbee
Noon Lions Club. Mac Williams
Memorial. $500.
JoMarie WUUs-SUsbee Little
Theater Association, $1,000;
the State of Texas. Highest
Student Honor Award, tuition
waiver for one year; and a
one-year scholarship granted
by the Independent CoUeges of
Texas to be used at one of the
independent schools.
Kane Dean-SUsbee Munici-
pal Police Association. $1,000.
Leisa Riley and Wes Kar-
nes-Silsbee PTA. $500
Brad Crocker and Timothy
McGailion-Silsbee School Food
Service Association. $250.
Kena Chandler -SUsbee Wo-
man’s Club, Lucille Moreland
Memorial. $2,000 over four
years.
Celia Derkits-Eppes and
Underhill accounting firm.
1250.
Princess Patterson -Exqui
sette Club, $500: and the Na
tionai Association of University
SchoierWitpi Sac. I Page It)
Many Residents Urge Wilson To
Reconsider Village Creek Bill
More than one voice cracked
with emotion Saturday as
Second Congressional District
residents urged Congressman
Charles Wilson to reconsider a
bill which would add a corridor
of land along Village Creek and
Sandy Creek as weU as part of
Tyler County to the Kg Thicket
National Preserve.
Homeowners and others tes-
tified in an overflowing district
courtroom for about five hours
on the effect the bill would have
on their Uvea.. Sprinkled among
the opponents of the bUl were
persons who praised Wilson for
introducing it and stressed the
need to protect the creek and
its unique environment.
One speaker. Ronnie Stock
holm of Kountae, told Wilton
the bill, if paaeed. would deva-
state a special youth camp he
began several years ago after
seeing the effect the creek
environment had on chUdren
visiting from M.D. Anderson
Hospital.
Stockholm began bringing
chUdren to his 87-acre rite on
the creek while his daughter
was suffering from cancer and
has since built cabins and other
facilities to accomodate camp
visitors.
“You’d be surprised at the
difference (the camping exper
ience) made iB their health,”
Stockholm said. “The whole
camp is built around Village
Creek; if yen take Village
Creek away, you take the camp
away.”
Creek property owner Jerry
McKinney said he was already
concerned with protecting the
creek’s environment and would
be willing to write into his deed
restrictions that the timber in
the area would not be clear cut.
‘Why should my fellow citi
tens pay for what I've already
agreed to doT McKinney said,
adding that he would like to see
a way found to protect the
creek with as little federal
involvement as possible Tm
against the federal government
taking my land; I’m against it
taking my neighbor s land."
Local personality Gordon
Baxter spoke against the bill,
questioning Wilson’s involve-
ment with the timber com-
panies which own land along
Village Creed. A provision in
the bill would allow the com-
panies to exchange their land
for other federal land if an
agreement could be worked out
with the National Park Service.
‘He represents us, and- QDt
(See Heerfe# Sec. 1 l*e*e 10)
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Read, R. L. The Silsbee Bee (Silsbee, Tex.), Vol. 70, No. 17, Ed. 1 Thursday, May 26, 1988, newspaper, May 26, 1988; Silsbee, Texas. (https://texashistory.unt.edu/ark:/67531/metapth820427/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Silsbee Public Library.