One of two teens accused of graffiti threats at Kingwood High School appears in court

KINGWOOD, TX (KTRK) -- One of two Kingwood High School students faced a judge today on graffiti charges. The 18-year-olds were arrested after racist messages and threatening graffiti were found at the high school.

These are two separate cases of graffiti in the bathrooms at the high school, each disturbing in their own way and both ending in felony charges against students.

School officials say one student drew a picture of a gun and wrote threats on bathroom walls at Kingwood High School. That student was in court to hear the charge against him -- a 3rd degree felony of exhibition of a firearm -- for the threatening graffiti police believe he drew on the walls of a Kingwood High School bathroom.

Derick Richard Montelongo, a senior at Kingwood High, is behind bars on a $250,000 bond. If he is released, he will have to wear a GPS monitor and have no contact with the officer that prosecutors say he threatened at the high school.

Last Wednesday, prosecutors say Montelongo drew a picture of a gun pointing to a stick figure with the name Officer West, saying kill Officer West and "shoot everyone at 3:07."

Assistant District Attorney Mary McFaden said, "Any type of threat in this day and age, whether or not officer or civilian, we take any complainant as serious as another."

In a separate incident just two days later on December 14, student Trent McKay Skinner was arrested for a similar offense. Police believe he scrawled neo-Nazi symbols on bathroom walls and referred to the Aryan Brotherhood of Texas. Skinner is charged with graffiti on school property.

Kingwood High School put a note out to parents saying the Montelongo situation was taken care of immediately and involved no real weapons.

"Last week, two boys' restrooms were defaced with graffiti that was offensive and threatening. The graffiti in one of the restrooms included a drawing of a gun and a message against police and the school. Acting immediately, we were able to quickly identify the student involved and conduct a search to determine that this was a case of vandalism with no actual weapons involved. We then worked with Humble ISD Police and the Harris County District Attorney's Office to ensure that the incident was appropriately addressed. That investigation resulted today in the arrest of two students, who each face a charge related to defacing school property with graffiti. Our school will not tolerate vandalism, graffiti, threatening or offensive messages. Thank you for your support of a safe and positive school environment."

In both cases, surveillance video showed the suspects going into the restrooms, and police discovered drawings of the graffiti on the students.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Lawyers in Jessica Tata case head back to court

  HOUSTON (KTRK) -- We should learn more about the other cases against convicted murderer Jessica Tata today.

Lawyers for both sides of the case are set to be back in court. Tata has filed paperwork to pursue an appeal for her murder conviction in connection with that deadly fire at her home daycare last year.

Four toddlers died when a fire ignited after Tata left a pot of oil on the stove while she went shopping.

Tata was convicted and sentenced to 80 years in prison for the death of 16-month-old Elias Castillo. She still faces three more murder charges.

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Juvenile Justice Center jailer accused of offering girl candy for sex makes court appearance

Robert Emerson Robinson, 28, appeared before a judge Friday morning.

  HOUSTON (KTRK) -- A Harris County Juvenile Justice Center jailer accused of trading candy for sexual favors with a teenage inmate at the facility made his first court appearance.

Robert Emerson Robinson, 28, appeared before a judge Friday morning. Police say he admitted to having sex with the 15-year-old girl. Officers also say they have surveillance video of him entering the girl's cell on May 23.

Robinson has been fired and charged with sexual assault with a child under 17.

The girl reportedly told police she allowed him to have sex with her because he provided her with candy and other treats.

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Two accused in minister's murder appear in court

Devonte Hayes, 18, and Kesley Davis, 19, went before a judge Thursday morning.

  HOUSTON (KTRK) -- Two men accused in a minister's murder were in court on Thursday.

Devonte Hayes, 18, and Kesley Davis, 19, went before a judge facing charges in the death of Desmond Jones back in July. Authorities say Hayes and Kesley shot and killed the 21-year-old minister in front of his apartment complex, then stole his vehicle.

Hayes has been charged with capital murder. Kesley is also facing a murder charge.

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Man accused of being Russian agent appears in court

  HOUSTON -- A naturalized U.S. citizen accused of illicitly obtaining military technology for Russia has been formally briefed on the charges against him in an initial court appearance.

Alexander Fishenko and six others had an initial appearance in court Thursday. They did not enter pleas. Hearings to determine whether they will be allowed out of jail before trial are expected to start Friday.

Fishenko was born in what is now Kazakhstan and owns Houston-based Arc Electronics Inc.

Prosecutors say Fishenko and others sold cutting-edge microelectronics that could be used in Russian weapons systems, exchanged communications with Russian intelligence and tried to hide documents when they suspected authorities were onto them.

Fishenko's attorney, Eric Reed, told reporters that he plans to "take a hard look at" the allegations.

(Copyright ©2012 by The Associated Press. All Rights Reserved.) Get more Local »

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Man accused in fatal birthday party shooting due in court

  HOUSTON (KTRK) -- A man arrested for a deadly shooting at a Sweet 16 birthday party is set to appear in court today.

Deputies say shots were fired at a home on Lauder near the Eastex Freeway yesterday.

Dozens of teenagers were there. Police say Johnny Benavidez and a group of friends showed up to the party uninvited. They were asked to leave and a fight broke out.

The group left the party, but returned with a gun and fired shots into the crowd. Edgar Garcia, 27, was shot in the face and died at the scene.

Benavidez was scheduled to appear in probable cause court at 6pm Sunday, but officials said he was being combative. His bond was raised to $105,000 and he is set to appear in court today.

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Battle between county and Treasures strip club continues in court

HOUSTON (KTRK) -- We have the latest developments now in a battle between the county and a local strip club accused of being a nuisance.

County and city leaders want Treasures shut down, saying it's a haven for drugs, prostitution, and human trafficking.

We expect a judge to decide soon whether Treasures can be considered a public nuisance and whether it should be shut down. One thing the judge must consider is whether club owners did anything to limit the amount of prostitution and drug sales there.

Located near the Galleria, the Treasures strip club has been in business since 1995. According to court documents, there have been 43 arrests there between 2008 and May of this year. Among them, allegations of prostitution, and delivery of a controlled substance.

The city and county say this proves that some people habitually go to Treasures seeking out sex and drugs.

"They're not doing anything about it. It continues to go on," said Sr. Assistant Harris Co. Attorney Fred Keys Jr.

But an attorney representing Treasures argued in court that the case the city and county have alleged is legally insufficient.

Tanya Garrison, attorney for Treasures, told the judge, "They have failed to put in any evidence that proves habit."

Attorneys for the county and city argued that the cases date back more than three years. That if nothing else, that alone proves the club an ongoing nuisance. Our legal analyst however says that's not enough.

"These statistics over four years show me that the place has problems; it's not a common nuisance," said KTRK Legal Analyst Joel Androphy.

Judge Alexandra Smoot-Hogan ordered us not to show any of the dancers set to testify, saying it could threaten their safety and security.

Treasures Manager George Marino testified Thursday that the club has a zero tolerance policy, and that dancers would be terminated if they even agreed to be involved in drugs or prostitution.

Treasures has filed a federal lawsuit against the city and county, claiming civil rights violations. They say officials are retaliating against the club because Treasures fought and won the right not to be considered a sexually oriented business.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Woman who claims ex-HPD officer raped her cross-examined in court

  Pooja LodhiaHOUSTON (KTRK) -- It's been another day of emotional testimony from the woman who says she was raped by a Houston police officer. The alleged victim says she was terrified and even tried to take her own life after the incident. Now she's facing intense questioning from the former officer's attorneys.

Former Houston police officer Abraham Joseph watched as his alleged victim testified. Tears ran down her cheeks as she spoke through a translator.

"It was horrible," she said. "I could never forget it."

She described in graphic detail how she says Joseph first handcuffed her then sexually assaulted her several times. On Thursday she was cross-examined.

Defense attorney Nicole Deborde told Eyewitness News, "Each of the little pieces of the story that she has spent time telling to this jury need to be dissected."

Deborde didn't start off by talking about the alleged rape. Instead, she asked the woman several questions about her immigration status. The alleged victim is a citizen of El Salvador and admits to having lied on her immigration papers.

The defense hopes those lies will lessen the alleged victim's credibility.

"So that the jury can decide for themselves what parts of those stories are true and what parts are not, and that she's in fact capable of saying something that is not true," Deborde said.

KTRK legal analyst Joel Androphy says the defense appears to be following a common pattern.

"You work your way up toward attacking her credibility," he said. "You start with fundamental issues that you can prove that are more objective, then you get to the issue of the situation."

Cross-examination of the victim is expected to continue Friday.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Business owners take management district to court

HOUSTON (KTRK) -- A battle is brewing between business owners and a management district in Montrose. The business owners say they're being unfairly taxed and they're taking the management district to court. The battle involves hundreds of businesses.

Management districts are nothing new, and Montrose is no exception. But a number of local business owners say their district doesn't do enough and they want it dissolved.

In Houston's bustling Montrose neighborhood, an apartment complex is a quiet reprieve, but its owner Bob Rose is angry, specifically at the Montrose Management District.

"I don't want to pay the fees," he said. "I'm not happy about how the district went about setting it up, where 25 people, kind of very quietly in a back room signed petitions to create this district."

Rose and several other Montrose business owners have filed suit against the area's management district and have been making their case on the internet. Management districts are legislature-created quasi-government entities that levy assessments on business property owners for services like better public safety and neighborhood upkeep. But the business owner's attorney says they just want the district to go away.

"What this district is trying to do, is to hit us with an unconstitutional illegal tax," said attorney Andy Taylor. "When we had the gall to gather together and to petition to dissolve them, which the law allows us to do, they stiff-armed us and they won't go away."

In court on Friday, the first step was taken in a long fight to dissolve the management district. The district's attorney argued the case should be thrown out. While Rose's attorney says they've collected enough signatures to legally dissolve the district.

While both sides wait for a ruling, Rose says he's just tired of paying $540 a year to an entity that's not the city, state, nor federal government.

He said, "If they want to set up these management districts, be very transparent about it, be very public about it, come out and address the people, tell them what you're going to do, have a vote of the people -- you get 51 percent of the people -- I'm fine with that."

The judge is expected to rule in a few weeks. Our phone calls to the management district have not been returned.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.)
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Pregnant mom accused of leaving kid in car due in court

  HOUSTON (KTRK) -- A pregnant mother who allegedly passed out in her car with her baby after trying to get a piercing is expected in court this morning.

Workers at a tattoo parlor on the North Freeway say Stephanie Irene Santana showed up in the middle of the night Wednesday asking how long it would take for a piercing.

Workers kicked her out because she seemed intoxicated and they called police. Police say they found a beer bottle in her diaper bag and Xanax in her car.

Santana is charged with child endangerment.

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Court appearance for woman accused of killing a mom, kidnapping her baby

  HOUSTON (KTRK) -- Another court hearing today for a woman accused of killing a Montgomery County mother and kidnapping her newborn son.

The Montgomery Co. District Attorney voluntarily gave grand jury testimony about the case against Verna McClain to her lawyers Thursday. McClain is accused of shooting and killing Kala Golden Schuchardt, then abducting her 3-day-old baby boy in order to pass the baby off as her own.

"We're making a very clean record for anybody who reviews this record later on, exactly what we've done to not only comply with the minimum standards, but to actually to show this is a guideline for the way that other DA offices should behave in other similar cases," said Montgomery Co. District Attorney Brett Ligon.

The DA's office did not say if it will seek the death penalty in the case, But McClain's lawyers say they don't believe it's necessary.

"She does have three children she is taking care of. She has been forced to move from California to Texas. She's been a responsible mother in the past. She has a job. She works as a nurse. She definitely loves kids. It would be a real tragedy in a case like this," said defense attorney E. Tay Bond.

The DA's office has said it plans to decide on the death penalty issue within the next couple of weeks. It could be months before this case goes to trial, according to the DA's office.

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More teens going to court for school violations

HOUSTON (KTRK) -- School may be ending for the year, but the problems for thousands of students aren't.

Problems that were once solved with school discipline or Saturday detention are now routinely handled in court.

We examined 10 of our largest school districts and discovered ticketing students is getting more popular, even though parents and police officers say enough is enough.

Five nights a week, Houston's Municipal Court 12 packs them in.

"How old are you?" we asked Dontrell Theirry.

"Twelve," he said.

Kids are there to face a judge for school infractions.

"Some kids threw a firecracker on the floor so they could scare girls and stuff," teen Antonio Morales.

Violations they've already been punished at school for.

"A ticket and suspended," student Margarita Salas.

It's a courtroom full of adult-style discipline for school students, and it's far from the only one around.

Heaven Kimbrell was sent to court, charged with assault for a hair-pulling match at Lynn Lucas Middle School. Adrian Cuero was busted for disorderly conduct for having his computer volume up too loud in class.

"What did you learn from the whole exercise?" we asked Cuero.

"Nothing," he replied jokingly.

Cuero's brother, Yiovani Williams, caught a ticket for mouthing off to a teacher who wouldn't let him use the bathroom.

"I said this is bull," Williams said.

"What is this coming to?" State Sen. John Whitmire said.

Whitmire tried to cut school ticketing down last year, and he'll try again next year in Austin.

"You have to distinguish who you are afraid of versus who you are mad at. If you are afraid of some of the students, you remove them from class," Whitmire said.

HISD, the area's largest district, writes not surprisingly the most tickets, numbers their chief admits are too high.

"We're not there to be a disciplinarian person. We're there to uphold the law. The discipline process comes under the school administration," HISD Police Department Chief Jimmie Dotson said.

But according to a watchdog's report last year and our own review of this year's data, HISD's ticket writing increased two years in a row -- up 10 percent this school year.

In some districts, nearly twice as many tickets were written this year compared to last. In Harris County alone, we found 8,000 school-based tickets, and many of them were for what, in another time, would've been considered school discipline.

Hundreds of tickets were issued for using vulgar language in school. More than 1,100 tickets were for minor fights.

"They were criminalized for juvenile behavior," parent Racquel Williams said.

We found 10 tickets for an offensive gesture. We even found four kids ticketed for a noxious odor.

"Too much perfume will get you a ticket in many classes," Whitmire said.

"Anytime you have to issue ticket for any type of conduct behavior, it's too many," Dotson said. "Hopefully, that student won't come back and create another issue like that."

"Is there any proof that's happening?" we asked him.

"I don't know, I cannot say that," he said.

"Why not?"

"Well because I don't measure those things, Ted."

"But shouldn't you?"

"No, I shouldn't. My job is to make sure that we do the best we can on the front end to keep it safe."

Chief Dotson says he wants to work with teachers to get the ticket numbers down. These tickets, by the way, are not child's play. They become part of a student's criminal record, and if fines aren't paid when they become an adult, kids can be arrested.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more In Focus »

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Federal court tosses Texas Open Beaches Act

  GALVESTON, TX -- A federal appeals court, ruling in the case of a Galveston waterfront property owner, says the Texas Open Beaches Act that keeps the state's beaches public is unconstitutional.

The 5th U.S. Circuit Court of Appeals ruling echoes a Texas Supreme Court ruling last month that found problems with the law as it applies to west Galveston Island beaches rapidly eroded by storms.

A San Diego attorney sued after she was ordered to move her home because storm erosion put it on the public beach.

In a 2-1 ruling Monday, the 5th Circuit said enforcement of the law was unreasonable seizure of property. A lower federal court had dismissed her suit.

The Texas General Land Office told the Houston Chronicle (http://bit.ly/KPTtOV) it hadn't seen the ruling and had no reaction.

(Copyright ©2012 by The Associated Press. All Rights Reserved.)
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Local race for civil court judge turns nasty

HOUSTON (KTRK) -- A local incumbent judge is now in a fight for the bench, battling a challenger in his own party. Some say it's all from an old vendetta.

There are a lot of candidates this primary election and many of them don't grab a lot of attention. But this time, there's a lot of attention being paid to one particular race -- and not in the way everybody expected.

At the courthouse, it looks like business as usual in the 215th civil court. But the campaign for this race has turned nasty.

A radio ad by Democratic candidate Elaine Palmer says, "We interrupt this with breaking news. Harris County records show that Judge Steven Kirkland, candidate for 215th civil district court, was arrested two times for drunk driving."

Judge Steven Kirkland, the Democratic incumbent, says the ad is dirty politics.

"Twenty-eight years ago, I was young and stupid and did some things that I should have not done. I have learned from that and for 28 years I have been sober," he said.

Kirkland points out he's never hid his DWI arrests that occurred three decades ago, and just celebrated 28 years of sobriety.

But Palmer's campaign stands by the ad, saying in a statement: "From the onset, Elaine Palmer has been attacked. From her opponents supporters calling her the N-word to them referring to blacks as 'you people.' We stayed on message and put forth reforms that even Judge Kirkland could not find fault in."

Kirkland says nobody in his campaign have, or would ever say, something so incendiary.

"I think it's just amazing that anyone would want to be a judge and would stoop to these kinds of tactics," Kirkland said.

The tone of this campaign is unusual, but it's also rare to see an opponent like Palmer so well-funded. Records show local lawyer George Fleming as a main contributor to her campaign, and he recently had a case in front of Kirkland.

Our legal analyst Joel Androphy says he's not surprised by what's going on.

"If you don't like the judge in Harris County, you have an option: Go find somebody else and fund them, so this is not new," Androphy said.

Whoever comes out victorious in this primary will face stiff opposition from a Republican candidate in the general election.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Man accused of threatening his ex-wife's boss who is a family court judge

  HOUSTON (KTRK) -- A man is charged with threatening the boss of his ex-wife after he told him to stop calling her work line.

According to court documents, defendant Ezra Osman repeatedly called the office of his ex-wife, who works for a family court judge, and harassed her over the phone. On one of the calls, the judge picked up the line and told Osman not to tie up the office phone lines.

Court documents state Osman then threatened the judge, saying to the judge that he was going to "come down there and (expletive) you up."

Investigators also say they found a post on Osman's Facebook page that read, "Got my ninjas... so heads are going to roll started with that punk (expletive) judge..."

Osman, 28, is charged with retaliation. Bond has been set at $5,000.

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Driver accused of DWI and charged in unborn baby's death appears in court

  HOUSTON (KTRK) -- A man charged in a deadly crash that authorities believe caused a woman's miscarriage appeared in court on Wednesday.

Ashton Craven faces felony murder for Saturday's crash at the intersection of Bataan and Rutland. According to police, Craven ran a stop sign and hit a car being driven by a woman who was five months pregnant.

Doctors say she lost her baby because of the accident.

Officials say this is Craven's fourth DWI.

If convicted on the murder charge, Craven, 38, could receive life in prison.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.)
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Judge denies motion for contempt of court HPD chief

  HOUSTON (KTRK) -- Houston Police Chief Charles McClelland will not be held in contempt of court for comments he made about the trial involving a former officer accused of beating a teenage burglar.

Chief McClelland made comments to the media following his testimony on Tuesday that Andrew Blomberg should be prosecuted to the full extent of the law for his alleged role in the beating of Chad Holley.

The defense claimed those comments will make it difficult for Blomberg to get a fair trial. But as court reconvened this morning, the judge denied the motion.

Blomberg took the stand, telling jurors he didn't mistreat Holley, a burglary suspect who was 15 years old during a 2010 arrest that was caught on security video.

Blomberg testified that he never kicked the teenager's head or neck but used his foot only to secure the boy's arm.

Blomberg is charged with official oppression, a misdemeanor. He faces up to a year in jail if convicted.

The 29-year-old is the first of four fired police officers to stand trial for their roles in the alleged beating of Chad Holley.

In security camera footage of the March 2010 arrest, Holley, who is black, can be seen on the ground as officers appear to kick and hit his head, abdomen and legs.

We'll have more on this story this afternoon on ABC13 Eyewitness News.

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Judge rejects motion to hold HPD Chief Charles McClelland in contempt of court

HOUSTON (KTRK) -- Now for the latest on the trial of a Houston police officer accused of beating a teenage burglary suspect. On Wednesday, jurors got the chance to see part of the beating from a different angle.

Jurors got a chance to see video of the crime scene from a police helicopter as the defense called several officers to the stand. But the big story in the courtroom was Andrew Blomberg's defense team asking the judge to cite the police chief with contempt of court.

As Day 5 of Blomberg's official oppression trial continued, the jury got a chance to see this shaky police helicopter video of the moments before officers kicked and stomped teenage burglary suspect Chad Holley.

However, the accused former Houston police officer's defense team spent part of the morning focused on asking the judge to hold Police Chief Charles McClelland in contempt of court. And it's all over an article that appeared in Wednesday's local paper. It included statements the chief gave about Blomberg and other accused officers moments after the chief left the witness stand on Tuesday.

"I'm not saying I would disagree that Blomberg should be charged with a felony. I'm just saying that the specific statute, the way that it reads, it makes it very, very difficult," McClelland said.

Blomberg's defense lawyer Dick Deguerin called the police chief's statements outside the courtroom inappropriate. He asked the judge to cite McClelland for publicly calling for a conviction in the middle of trial.

On Tuesday, McClelland told us "I've certainly been open and transparent, and want Mr. Blomberg prosecuted to the full extent of the law.

On Wednesday, prosecutors reminded the judge there is no gag order in this case. During the afternoon the city attorney was called to the courtroom on the police chief's behalf.

"The discussion, just in general terms, is whether or not he had any particular restrictions on him, with respect to who he could speak to, about what once he left the courtroom," Houston City Attorney David Feldman said.

At this time, it's still unclear whether the judge will have a hearing about Chief McClelland's statements. For now, Blomberg's defense attorneys are continuing to call other witnesses.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.)
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Teens charged in man's murder appear in court

HOUSTON (KTRK) -- Two of four teens accused of killing a southwest Harris County father in cold blood appeared in court for the first time this morning.

The two 17-year-olds were arrested for the murder of Victor Quevedo, who was shot and stabbed to death during a robbery in front of his family Saturday night. Two 15-year-old males were also arrested in connection with the fatal shooting.

Christian Alexander Lopez, 17, was in court to hear the charge of capital murder against him. Investigators say he was one of four teenagers present when Quevedo was killed.

Also in probable cause court was Jose Armando Pineda, 17. He, too, faces a capital murder charge.

According to court documents, one of the 15-year-old suspects and another female juvenile were taken into custody after the two teens were pulled over in a stolen vehicle. Police say the 15-year-old male suspect admitting to being involved in Quevedo's murder in a recorded conversation in the back of a patrol car.

While Pineda was in court Wednesday, the prosecution recounted the law enforcement version of what happened.

"At that time, he stopped and Queveda got out of the car and they rushed to the decedent's car and ordered him out at gunpoint and a struggle ensued," said the court clerk.

Quevedo died at the scene.

Stay with Eyewitness News and abc13.com for the latest on this story.

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Katy engineer charged in BP spill goes to court

  HOUSTON (KTRK) -- An engineer from Katy is expected in court today to answer charges that he deleted sensitive text messages during the BP spill.

Kurt Mix is scheduled for arraignment in New Orleans. Mix is charged with two counts of obstruction of justice and was freed on $100,000 bail.

He is the first person to face criminal charges in the Deepwater Horizon accident which killed 11 people and sent almost five million barrels of oil into the Gulf.

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// perform JavaScript after the document is scriptable.OTV.common.modules.promoCarousel.promoCarouselInit("/ktrk/xml?id=5758258&ptnr=promoCarousel");

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