Cell phone photo lands 12-year-old Channelview ISD student in serious trouble

HOUSTON (KTRK) -- A 12-year-old is accused of a crime because of what she did with her cell phone at school. Her story is a reminder of how because of our quickly changing technology, you may be breaking the law without even realizing it.

The 12-year-old Channelview ISD student's attorney says she was using her iPhone to take a picture of herself and a friend, but the phone has two camera lenses and she accidentally selected the wrong one. As a result, she snapped a picture of what could be percieved as a very racy picture of another young girl.

"They were telling me that I can get in a bunch of trouble for taking a picture like that, and I told them that it was an accident and they were like, 'no, you're lying,'" said the girl, who we're not identifying.

She was pulled out of class Friday at Alice Johnson Junior High, handcuffed, put into a patrol car and taken into custody all because of an incident Thursday at the school in the locker room. Her attorney says she was trying to snap a picture of herself and friends when she mistakenly took one out of her iPhone's forward-facing lens -- a picture of another student not fully clothed.

"She was just pulling down her pants, but not all the way -- barely," she told us.

The 12-year-old says she immediately realized her mistake and deleted the picture, even showing the girl who was in that alleged picture as she did.

But on Friday, she was arrested for taking it.

Lawyer Jack Carroll says the law protects the content that's on your phone. He says the Constitution was violated when investigators took the girl's phone to look for the picture.

"It's like having a government official or a police officer look through your diary. You can't do that without consent or a search warrant," he said.

But KTRK legal analyst Joel Androphy doesn't agree, saying the law is different because this occurred on school grounds.

"Like when you enter the airport you give up many of your constitutional rights; when you go into school you give up many of your constitutional rights in regards to search and seizure," Androphy said.

"They couldn't find nothing, but they're still saying that I did it," the 12-year-old said.

The girl just wants to go back to school. She's been suspended for three days and is being sent to an alternative school for another 30 days. She and her parents are appealing that assignment to alternative school.

We should note that investigators could not comment in any detail on this case because juveniles are involved.

Channelview ISD did not return our repeated calls for comment.

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

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Man fatally shot while on phone with wife

A man was shot and left to die on a sidewalk in northwest Houston.

  HOUSTON (KTRK) -- A man was shot and left to die on a sidewalk in northwest Houston. The man was shot around 2:20 this morning on West Tidwell near Antoine.

It's not clear what led up to the deadly shooting. Investigators say the victim had just returned home from work and that he had left to go on a quick trip to the store.

Authorities say he was on the phone with his wife, telling her he felt like he was being followed.

"While coming home, the wife was able to speak with him on the phone and overhear some type of argument, a gunshot," Jonathan French with HPD Homicide. "The wife comes out here and finds her husband here on the sidewalk."

Good Samaritans who heard the gunshots ran to help the man but it was too late and he died at the scene. The investigation is ongoing.

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

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Man captures racing crash on cell phone camera

THE WOODLANDS, TX (KTRK) -- Authorities are looking very closely at a video of two cars street racing in The Woodlands.

Another driver recorded the cars as they sped off on The Woodlands Parkway near FM 2978. The question now is whether those street racers committed a crime.

The video of the race lasts less than 10 seconds. The race itself ended on a median off The Woodlands Parkway. It happened on Thanksgiving morning, and it was originally thought to be just an accident. But now with this video, it could be a crime.

Though it may not be obvious by his current vehicle, Gerod Rush is a car enthusiast. So when two Corvettes sat in front of him at an intersection in The Woodlands on Thanksgiving, he was intrigued but even more curious about what might happen next.

"I kind of had a gut feeling something was going to go wrong," he said.

So following his gut, he grabbed his cell phone and recorded.

In slow motion, you can see the Corvette on the right loses control and smashes into the Corvette on the left sending it deep into the woods. Rush says it appeared no one was seriously injured.

Eyewitnesses immediately called 911 and troopers responded. Later that day, Rush posted the video on YouTube, calling the drivers two turkeys.

"These were adults," Rush said. "To act this way, to me, is just kind of irresponsible."

Though we had just seen his wife, no one answered at The Woodlands home of the driver who appeared to have caused the crash.

Rush says he didn't post video, which is nearing a million views, to get anyone in trouble, but he hopes it sends a message.

"Maybe this will help teach somebody a lesson if these guys actually face consequences, that hey, before I pull up at the light and race this guy, I remember what happened to those guys on YouTube and maybe it will save lives, who knows," he said.

We're told DPS investigators do have a copy of the video, and Montgomery County District Attorney Brett Ligon says he's aware of it as well. They are waiting for troopers to complete their investigation to determine what, if any, charges are appropriate.

Street racing is a Class B misdemeanor in Texas that is punishable by jail time and/or a fine, as well as a suspended license.

You can read more about this story on The Courier of Montgomery County, our Houston Community Newspapers partner.

(Copyright ©2011 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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Homeowner fights back against would-be cell phone thief

  HOUSTON (KTRK) -- Residents in a home in Fort Bend County say a man who knocked on their door asking for help stole several cell phones overnight.

Residents noticed the phones were missing after the man left. One of the residents grabbed a rifle and confronted the man across the street from the home.

Authorities say the accused thief was shot in a struggle for the rifle. He was taken to the hospital by Life Flight and is expected to survive.

(Copyright ©2011 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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