Lou Ann CloyWOODVILLE – A jury trial was scheduled to remove Tyler County District Attorney Lou Ann Cloy from office following a petition made by a citizen.
The petition filed by Andrea Hope Sullivan cites incompetency and official misconduct as reasons for removal from office. The petition also motioned to suspend Cloy and appoint a temporary replacement until the new DA, Lucas Babin, is sworn-in Jan. 1.
Following May 25 hearing, Cloy was effectively suspended from her position and Anne Pickle, who has served as Assistant DA, was appointed.
The trial was set for Aug. 20 at a hearing which took place on Thursday, June 7. K. Michael Mayes of Montgomery County was assigned as judge and Cary Kirby was named special prosecutor.
Kirby, the elected County Attorney for Angelina County, said that a jury trial is statutorily required before the permanent removal of a public official.
Within the plaintiff's petition are several exhibits that allege Cloy to be largely absent from office during her tenure as DA. Cloy was elected to the office in 2014.
Her last known whereabouts, according to the petition, is the Sovereign Health Mental Health Treatment Center in Palm Desert, Calif. Cloy was not present for the hearing and according to Paula Gibbs with the DA's office, has not been heard from since Friday, June 1.
Gibbs said she attempted to reach Cloy via text and sent her photos of the citations compelling her to appear at the hearing. She said that Cloy's sister also attempted to reach her and was unsuccessful.
"Lou would normally call every day or couple of days to speak to her son," Gibbs said.
Gibbs said aside from contacting Cloy about her pending legal obligations, there is a concern for her well-being.
In order to locate Cloy to serve her and to address concerns her family, friends and colleagues have for her safety, Mayes asked Tyler County Sheriff Bryan Weatherford to assist. Weatherford agreed to assign an investigator.
Additionally, Mayes said he would appoint Silsbee attorney Russell Wright to assist in the matter.
Although initial efforts to serve Cloy in person were unsuccessful, she is "now being served pursuant to an Order for Substituted Service issued under Rule 106 of the Texas Rules of Civil Procedure," Kirby said.
"Once service in accordance with this order is successfully completed by the Sheriff, Ms. Cloy will have a certain amount of time to appear in the case and file an answer to the removal petition," Kirby said.
Kirby also said that the trial will be required for her removal from office, whether she chooses to appear and answer the petition or not. Mayes cited some pending judicial obligations as reason for the August trial date but referred to the issue as "an important matter to resolve as soon as possible."
Mayes, who recently retired as judge of the 410th Texas District Court, is called upon to adjudicate special cases. District Judges Delinda Gibbs-Walker and Earl Stover III, of the 1st and 88th District Courts, respectively, recused themselves.
Tyler County Judge Jacques Blanchette sent a letter to Cloy on July 1, 2016, requesting her to step down from her position due to her lack of attendance and participation in her duties. The letter, which was included in the pleadings, references Cloy's talent and capabilities but alleges that her actions "are thwarting the daily needs" of constituents.
According to the text of the petition, Cloy responded to Blanchette's letter and began attending hearings and coming to her office for a short period of time. From Jan. 1, 2017 until present, she has failed to attend any court dates, hearings, trials or Grand Jury dates.
Cloy currently receives a stipend from the county as well as pay from the state comptroller's office. Blanchette asked if the county has any recovery options from having to pay Pickle's salary out of its contingency fund while it still has Cloy's stipend as a budget line item. Mayes said that he is strictly dealing with the judicial aspect of the case and not administrative tasks. He advised Blanchette to seek additional legal counsel to assist with the matter.
Aside from the duties of her office, Cloy's mental health has deteriorated since her 2014 election to the point that she can no longer care for her child, according to the petition. Among the exhibits is a petition to modify parent-child relationship with a temporary restraining order, filed last March by her mother.
In the petition for conservatorship, it states that Cloy has been diagnosed as bipolar. Her mother says in a supporting affidavit that Cloy's child is afraid of its mother.
The plaintiff's declaration states "there is no justice in Tyler County". The petition mentions that several individuals have been incarcerated during Cloy's term in office, awaiting trial. Conversely, some crime victims have requested that charges be dismissed.
Mayes asked Pickle about the state of the office at present. Pickle said that she is making progress and "doing fine" in clearing some of the backlogged cases.
WOODVILLE – A Kirbyville woman is dead following a two-vehicle crash that occurred east of Woodville on Sunday evening.
Betty Jo Slaydon, a 73-year-old Kirbyville woman, was pronounced deceased at the scene of the accident by Pct. 2 Justice of the Peace Martha Dawson. The crash occurred approximately four miles east of Woodville. Slaydon was the passenger in a 2008 Ford Focus traveling eastbound on US 190, according to preliminary reports from the Texas Department of Public Safety.
A 2015 Chrysler passenger vehicle was traveling westbound on the stretch of road, which was wet from Sunday evening's storm, at an unsafe speed for the condition of the road. The driver of the Chrysler, Reginald Williams of Woodville, lost control of the vehicle, began to spin into the eastbound lane of the highway and was struck by the Ford.
The driver of the Ford, 75-year-old Rube Wayne Slaydon, Sr., of Kirbyville, was transported to Tyler County Hospital with serious injuries.
Both the 45-year-old Williams and his passenger were transported to Nacogdoches Memorial Hospital with serious injuries.
WOODVILLE – A wave of concerns, rumors and questions have wafted through conversation and social media postings lately pertaining to a proposed meat processing and packing plant set to open in Tyler County.
The location of the facility will be within the Tyler County Industrial Park area north of Woodville off of U.S. Highway 69 on a site of nearly 40 acres. In a statement prepared by Greg Gray, representing the firm in charge of the operation, East Texas Packing, LLC, the group's CEO Danny Stanley said he is excited for the opportunity it will offer the area.
"I know firsthand how badly jobs are needed in this community," Stanley said in the statement. "A lot of money has been invested into the newest equipment and processing methods to make this a clean, well-run operation that benefits the community with much needed well-paying jobs."
According to the statement, East Texas Packing is ready to accept local bids for construction and expects to begin production in the fall "with an initial start of approximately 65-100 employees, all to be hired locally." The statement goes on to claim that in the next few years, the plant will require more than 200 employees.
The statement also details the minimal impact to the environment that the facility will have as well as compliance with the U.S. Department of Agriculture. "[The facility] boasts of using new technology to process its waste to a quality which is able to be legally accepted by local waste management services," the statement reads.
Along with automated, "top of the line" equipment, the facility will be outfitted with an advanced odor-neutralizing carbon filtration system, which will "significantly reduce the odor and waste traditionally associated with meat processing plants."
Gil Tubb, president of Tyler County Industrial Corporation, said he felt early on that the facility "was going to be a good thing."
Tubb said his group was approached several months ago by Gray, who laid out the plans East Texas Packing had for building a plant in Tyler County. Initially, Tubb said, the company looked at land south of Woodville, but could not get sewer and water service at the location in a reasonable manner.
In their first meeting, Tubb said that Gray informed him the company was funded by Muhammad Shahid Javed. Javed and the group were assisted in acquiring the land for the location by Woodville attorney Lindsey Whisenhant, according to Tyler County Judge Jacques Blanchette. Records show that the warranty deed for the land was signed in by Whisenhant and Javed under a joint partnership, LW & MJ Enterprises, LLC.
When Gray gave the plant pitch to Tubb and the Industrial Corp., he informed them that the facility would be one of the most sophisticated and clean operations of its kind in the country and that buildings and equipment had already been purchased. Tyler County Industrial Corp. showed Gray the tract of land between Doucette and Woodville, which Tubb's group owned. East Texas Packing bought the land, and Tubb said the company is preparing to move its buildings and equipment to the land within the month.
Woodville City Administrator Mandi Risinger said that prior to the group selecting the land for its site, they approached the city. "Once it'd been established what their anticipated volumes and demands could be, we determined we could provide services if they were in our service area," Risinger said.
A memorandum of understanding between the City of Woodville and East Texas Packing was accepted during a special meeting of the City Council on Feb. 6. The minutes for the meeting show that it was decided in executive session and unanimously approved once the meeting reconvened into open session. Risinger said a representative from East Texas Packing notified the city in April that a site had been selected and requested the preparation of a service agreement.
A group calling itself The Concerned Citizens of Tyler County Committee has articulated several of its concerns, chief of which have to do with the potential environmental impact.
One member of this group, who spoke under the condition of anonymity, also cited a lack of transparency in the development of the facility; stating that the company should engage with the public to gain its trust and understanding in the community. The citizen also inquired whether any agencies in charge of environmental oversight have been contacted regarding permits.
A search of records on the Texas Commission on Environmental Quality website shows that East Texas Packing applied for a wastewater permit on Dec.12, 2017, but the permit request was since withdrawn. Records also show that a wastewater permit through the federal Environmental Protection Agency was also withdrawn.
In the company's news release, it states that all wastewater will be treated on site, "so there will be no runoff or use of local waterways. All EPS and Texas Commission on Environmental Quality standards must be met or exceeded, or the facility would not be allowed to continue to operate." The news release goes on to state that the plant will also operate under the supervision of the USDA, which requires a certified inspector to be on site during all times of operation.
The member of The Concerned Citizens group who spoke to the Booster said that a public forum to address concerns and answer questions is necessary. Blanchette said his office has fielded a large volume of calls on the matter but given the county's lack of zoning or ordinance laws, has no authority to regulate or permit what East Texas Packing does.
"The citizens' voice is the most powerful voice of opposition available now," Blanchette said.
"From a governance standpoint, we will look at the possibility of passing a resolution as to whether or not we support it," he said.
The member of the Concerned Citizens group also cited unsuccessful, similar start-ups in other nearby counties, including one in Port Arthur proposed by The Riceland Farms group, which is owned by the Javed family. The reasons for those failures, according to Tubb, owe more to another type of fear besides environmental concern.
The fear Tubb referenced, that of an Islamic bias in hiring as well as a rumor that the plant would be a Halal-style operation, has emerged as a concern on social media postings. Woodville business owner Scot Tolbert wrote in a heavily shared post that in his findings the plant would be "a Muslim operation in accordance with Muslim law," in addition to addressing the ecological concerns.
Stanley said East Texas Packing "is a private secular company unaffiliated with any religious practice." Stanley also noted that as an Equal Opportunity Employer, East Texas Packing does not discriminate under any of the tenets set forth by federal hiring laws.
According to Stanley, who said he has lived in Tyler County for most of his life, the company is "committed to hiring local applicants". Stanley encouraged any potential employees to contact the company and send in resumes.
"We vetted this one stronger than normally," Tubb said, due to awareness of the controversies in other counties. According to Tubb, a longtime civic leader who was instrumental in getting several major employers to locate in Tyler County, the blowback is nothing new to him. "The Tyler County Industrial Corporation was basically formed to try to bring business here," he said. He referenced the controversy surrounding the construction of the Gib Lewis Unit state prison in 1990, which became one of the county's largest employers. "If the people would look past the silliness of all this, they would see how ridiculous it all is," he said. "It's been treated in social media that there was a group of us hiding behind [a] table and we were figuring out how to do this so no one would know. It was quite the opposite of that. It was a strictly business deal...like any other business deal."
Rep. Brian Babin (R-Woodville) stated that he is "strongly opposed" in a statement issued last weekend through his Facebook page. Babin cited the environmental repercussions as his reason for not supporting the facility. Calls to Babin's office for a more detailed explanation for the stance were not returned as of press time.
State Rep. James White (R-Hillister) said that he is committed to using "every statute, regulation and agency" in his capacity to insure a safe, ecologically sound Tyler County.
White said that in making sure any businesses coming to Tyler County are statutorily and constitutionally sound, they should be hiring local people, minimizing any impact to the environment as well as fulfilling their tax obligations. White said he had not been notified of any permit applications from East Texas Packing and said he did not know if a permit is required yet. He said that if a permit is required from TCEQ, there will likely be a public hearing and a decision made.
"It's not for me to say I like this business or that business," White said. "If it's statutory and regulatorily sound, I believe the role of government is limited."
Ronnie BankstonA Colmesneil man is being held without bail at the Tyler County Jail after he fled from officers attempting to interview him as part of a theft investigation Saturday morning.
Tyler County deputies went to a home on CR 4094 at about 9:25 a.m. Saturday, May 26, to speak with Ronzie Bankston, 39, of Colmesneil. As the officers got out of their patrol vehicle, they saw a white male run away from the residence, ignoring their orders to stop.
Deputies pursued the suspect on foot as he ran across CR 4094 and into an abandoned house. As he entered the house, the man tripped and fell. On the ground, he began kicking and struggling against the deputies. He was handcuffed after a brief struggle.
Bankston also had two outstanding warrants for his arrest, a motion to revoke his probation for having a prohibited substance in a correctional facility, and failure to appear in court on that charge.
Bankston was booked into the Tyler County Jail for evading arrest, resisting arrest, and assault of a public servant. He remains in the Tyler County Jail. A $15,000 bond was set for one of the charges, and District Judge Delinda Gibbs-Walker denied bond on two new charges.
On May 23, 2018, at approximately 11:40 a.m., Tyler County Deputies were dispatched to County Road 4375 in reference to a man threatening his mother with a shotgun. Deputies arrived on scene to find a man arguing with a woman inside the residence. Deputies identified the male as Jonathan "Tom" Taylor, 60, of Spurger.
When asked about the shotgun, Taylor told deputies that he had already put the shotgun back inside of his residence, located about 30 yards from his mother's house.
Taylor repeatedly told deputies that this was a "family dispute."
Several witnesses told deputies that Taylor came inside his mother's residence, pointing a shotgun at her and threating to shoot her. Deputies located the shotgun and Taylor was transported to the Tyler County Jail charged with Aggravated Assault with a Deadly Weapon. Taylor was released after posting a $20,000 bond.
Two Tyler County residents were killed Friday at about 11:30 a.m. in a two-vehicle crash on U.S. Hwy. 69 just south of Ivanhoe.
DPS spokeswoman Sgt. Stephanie Davis said the preliminary investigation by troopers with the Texas Highway Patrol indicate that a 2004 Dodge passenger was northbound on U.S. 69 and pulled onto the shoulder of the road, preparing to make a U-turn.
The driver pulled into the path of 2017 Buick SUV that was also northbound. The Buick struck the smaller Dodge vehicle in the driver's side — sending both vehicles into the ditch alongside the southbound lanes.
The two occupants of the Dodge vehicle were pronounced dead at the scene by Justice of the Peace Trisher Ford. The driver was later identified by DPS as Tommy Bailey, 58, of Woodville. Heather McGough, 33, of Warren was a passenger in the car.
The driver of the Buick, 71-year-old William Tinkle of Beaumont, and his passenger both refused medical treatment. This crash remains under investigation as Troopers work to determine the exact factors that contributed to this fatal crash, Davis said.