Police nab 19 drunk drivers over holiday weekend

During the holiday weekend, Plano police arrested 19 motorists for driving under the influence of alcohol or drugs.

Due to a Texas Department of Transportation Impaired Mobility Grant, more officers were funded to patrol the streets looking for motorists driving while intoxicated or driving under the influence.

“This is a high number of DWIs,” said Rick McDonald, Plano police spokesman. “Officers were able to remove these 19 individuals out of harms way and off the roadway to protect the citizens of Plano.”

McDonald said 18 of those individuals were arrested for a DWI and one minor was arrested for a DUI.

“During holiday weekends we make use of the grant, due to the high number of individuals driving their vehicles under the influence,” McDonald said. “This grant assists us to put extra personnel on the streets so we can find these drunk drivers.”

According to TxDOT, every 20 minutes someone in Texas is hurt or killed in a crash involving alcohol. The agency states impairment begins with the first drink.

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POLICE REPORTS July 9-15

The following reported incidents are compiled from information provided by the Frisco Police Department for the period of July 9-15.

JULY 9

5:47 a.m. 8000 block Dunafan Court, forced entry and theft from vehicle.

7:24 a.m. 3000 block Kentshire Lane, theft from unlocked vehicle.

7:36 a.m. 3000 block Fayette Trail, forced entry and theft from vehicle.

8 a.m. 12000 block Burgess Lane, theft from vehicle.

9:10 a.m. 6000 block Frisco Square Boulevard, theft.

9:10 a.m. 9000 block Crestview Drive, theft from trailer.

9:21 a.m. 7000 block Oak Street, delayed report theft of lawn mower.

9:36 a.m. 3000 block Clearfield Lane, forced entry and theft from vehicle parked in rear drive.

9:52 a.m. 5000 block Eldorado Parkway, driver struck another vehicle and left without providing information.

10:03 a.m. 10000 block Bancroft Lane, theft from vehicle parked in rear-entry attached garage with door left open one-foot for ventilation purposes.

10:54 a.m. 5000 block Springflower Drive, truck window broken.

11:16 a.m. 12000 block Coit Road, theft of asphalt shingles and insulation from construction site.

11:34 a.m. 8000 block Dunafan Court, forcible entry and theft from vehicle.

12:13 p.m. 9000 block Holly Street, car window broken.

12:28 p.m. 3000 block Preston Road, man stole women’s clothing from Dillard’s.

2 p.m. 7000 block Moore Street, found property at Senior Center and turned over to police.

3:10 p.m. 10000 block State Highway 121, attempted burglary of 2001 Chevy Tahoe in north parking lot of Posado’s.

3:30 p.m. 3000 block Preston Road, two adult females in custody following theft at Dillard’s; one in possession of dangerous drugs and controlled substances.

4 p.m. 6000 block Nancy Jane Lane, theft.

4:29 p.m. 3000 block Preston Road, damage to vehicle by prying door handle.

5:17 p.m. 8000 block Preston Road, adult female employee charged in theft from store.

7:12 p.m. 12000 block Independence Parkway, driver struck vehicle and left without leaving information.

7:13 p.m. 11000 block Providence Drive, property taken from unlocked vehicle in rear driveway.

7:56 p.m. 13000 block Bugatti Drive, driver struck vehicle and left without providing information.

8:35 p.m. 3000 block Preston Road, male suspect stole merchandise from JCPenney.

8:51 p.m. 6000 block Nancy Jane Lane, unknown male driver partially struck walking victim with vehicle as he pulled out after illegally parking in handicapped zone.

JULY 10

1:29 a.m. Preston Road and Stonebrook Parkway, arrest for possession of marijuana and drug paraphernalia following traffic stop.

2:03 a.m. Canoe Road and Alpine Court, citation of possession drug paraphernalia.

9:30 a.m. 7000 block Hickory Street, forcible entry and theft from vehicle.

11:42 a.m. 8000 block John Q. Hammons Drive, driver struck victim’s parked vehicle and left without providing information.

1:50 p.m. 5000 block Legendary Drive, vehicle stolen while left running and unlocked.

3:15 p.m. 13000 block Gillon Drive, air conditioning unit vandalized and parts removed.

4:27 p.m. Main Street and The Trails Parkway, arrest for possession of marijuana following traffic stop.

5:10 p.m. Parkwood Drive and Gaylord Parkway, DWI-first offense in custody following traffic complaint.

6:23 p.m. 1000 block Hazel Green Drive, unknown driver struck and damaged brick mailbox and left without providing information.

7:10 p.m. 3000 block Preston Road, citation for theft from Dillard’s.

7:40 p.m. 3000 block Preston Road, tire slashed in mall parking lot.

8:19 p.m. 10000 block Miller Place, property stolen from open and attached rear garage.

JULY 11

4:01 a.m. 5000 block Preston Road, victim’s vehicle damaged during argument in Whataburger parking lot.

7:57 a.m. 2000 block Quail Meadow Lane, three chrome rims stolen from vehicle parked in rear driveway.

9:21 a.m. 1000 block Myers Avenue, vehicle reported stolen from apartment complex parking lot previous evening.

10:26 a.m. 12000 block Biloxi Drive, compressor stolen from open garage.

11:02 a.m. Legendary Drive and John Hickman Parkway, recovery stolen vehicle from Arlington.

3:38 p.m. 15000 block Blakehill Drive, vehicle keyed/scratched.

4:38 p.m. 1000 block Seymour Drive, vehicle stolen from rear drive July 10-11.

6:40 p.m. 1000 block Elk Mound Drive, assault at party.

6:41 p.m. 3000 block Preston Road, two arrests for clothing thefts from Macy’s.

7:22 p.m. 3000 block Preston Road, two people stole merchandise from store.

7:39 p.m. 3000 block Parkwood Drive, unknown driver struck vehicle while driving on Parkwood and did not stop to provide information.

7:44 p.m. 3000 block Preston Road, counterfeit $20 bills passed for two food purchases.

11:50 p.m. 8000 block Eldorado Parkway, DWI-first arrest of driver with open container.

JULY 12

2:48 a.m. Moss Creek Lane and Jereme Trail, arrest on Plano Police Department warrants.

7:11 a.m. 7000 block Stonebrook Parkway, damage to outdoor sculpture at Frisco Police Department.

7:32 a.m. 5000 block Town & Country Boulevard, trespass arrest at gated pool area.

2:25 p.m. 12000 block Independence Parkway, unknown suspect backed into victim’s car and left without providing information.

2:45 p.m. 3000 block Preston road, arrest for theft and assault with bodily injury.

5:44 p.m. 11000 block Chaucer Drive, fence damaged with spray paint.

JULY 13

4:08 a.m. 11000 block Main Street, theft from store.

7:24 a.m. 11000 block Wentworth Drive, theft from unlocked vehicle in rear alley drive.

7:51 a.m. 12000 block Dalworth Drive, theft from unlocked vehicle in rear alley drive.

2:16 p.m. 8000 block Kent Drive, hand tools stolen from unlocked vehicle parked in rear drive.

5:50 p.m. 7000 block Preston Road, suspect in custody for possession of fictitious driver’s license.

8:04 p.m. Main Street at Preston Road, tool box found.

JULY 14

6:56 a.m. 15000 block Snowshill Drive, property stolen from unlocked vehicle parked in rear-entry alley.

8:59 a.m. 8000 block John Q. Hammons Drive, forced entry and theft from vehicle.

9:47 a.m. 8000 block Rolling Brook Drive, front and rear license plates stolen from vehicle.

9:56 a.m. 11000 block Riney Court, copper tubing stolen and fireplace damaged at construction site.

10:52 a.m. 11000 block New Orleans Drive, floor tiles and cement board stolen from house being remodeled.

11:38 a.m. 8000 block John Q. Hammons Drive, forced entry to truck by removing lock from driver’s door.

11:59 a.m. 3000 block Gaylord Parkway, items stolen from unlocked vehicle.

12:03 p.m. 6000 block Kimber Lane, forced entry and vandalism to vacant home.

12:35 p.m. 8000 block Nicholson Drive, location entry without consent of owner.

11:53 p.m. 2000 block Preston Road, two unknown black males left without paying bill.

JULY 15

3:15 a.m. 5000 block Baton Rouge Boulevard, unknown person took victim’s vehicle from front of house.

8:38 a.m. 7000 block Lebanon Road, car tires deflated.

5:48 p.m. 3000 block Preston Road, unknown male and female suspects left Dillard’s without paying for items. Employees pursued but did not locate suspects.

8:35 p.m. 4000 block Whitefish Lake Drive, stolen vehicle recovered following report of abandoned vehicle parked for week or two.

8:44 p.m. 3000 block Preston Road, theft citation for clothing from Dillard’s.

9:54 p.m. 1400 block Main Street, driver struck victim’s car while both traveling westbound on Main Street and left scene without providing information.

10:11 p.m. 2000 block Parkwood Boulevard, business window broken by thrown bottle.

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Highland Park High quarterback who faces DWI charge may miss season's first game

Highland Park senior quarterback Luke Woodley is likely to miss the first game of the season because of his arrest last spring on a charge of driving while intoxicated.

Woodley, 18, was pulled over shortly before 3 a.m. on May 3 near Oak Lawn and Wycliff avenues, according to a Highland Park police affidavit. The affidavit said Woodley had been spotted driving an SUV the wrong way on Wycliff, which is a one-way street at that point.

The officer smelled alcohol in the car and "immediately noticed that the driver's eyes were glassy and his pupils dilated," the affidavit said. In addition, the driver's speech was slurred, it said.

An open case of Keystone Light and an open can of the beer were found in the car, it said.

Woodley did not return a telephone call Thursday seeking comment.

A court date is scheduled for Wednesday, according to the Dallas County district clerk's office. Under Highland Park's extracurricular code of conduct, a typical suspension for a serious offense would be three games or scrimmages.

The Park Cities People Web site reported Thursday that Woodley missed the team's annual Blue-Gold football scrimmage in May for disciplinary reasons. The team's next event is a preseason scrimmage against Plano West on Aug. 21. That's followed by the first regular-season game, the Tom Landry Classic against Red Oak on Aug. 29.

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Denton County mansion known as Champ d'Or has been for sale since 2003

This week's news about an uptick in home sales may not be much solace to Alan and Shirley Goldfield. They own Champ d'Or, an impressive mansion that sits on a nondescript piece of prairie just east of Interstate 35 in the Denton County town of Hickory Creek. The Goldfields patterned the 35,000-square-foot home after a magnificent 17th-century chateau near Paris. The English translation of the name is field of gold. The Goldfields' dream house – if house is the right word for something with a 15-car garage – has been on the market since 2003.

BACKGROUND: Alan Goldfield made his money in the cellphone business and is now retired. He and wife Shirley oversaw construction of Champ d'Or from 1998 to 2002. They lived in it a short while, decided it was too much house for them and put it on the market. And there it sits unsold – a palatial behemoth even by Preston Hollow or Plano McMansion standards.

Features include a central dome that soars to 78 feet, three kitchens, a two-lane bowling alley, a racquetball court, tennis court, two reflecting pools with waterfalls, a pool, a pool house, a black-lacquered two-story closet inspired by Chanel, a powder room with 18-karat gold fixtures and a gift-wrap room.

WHAT'S NEW: Briggs Freeman, a real estate sales company, is back on the account. The house and 25 acres are priced at $25 million. And the company appears to be no longer marketing Champ d'Or to rich families as a private residence. Judging by the Web site, www.champdorestate.com, Briggs Freeman hopes a commercial buyer will remake the Goldfields' dream into a health spa, a retirement center, an equestrian center or a medical facility "for patients recovering from plastic surgery."

WHY THE SECRECY: Ellen Sedeño, a spokeswoman for Briggs Freeman, declined to take a reporter on a tour of the property. Qualified buyers still get tours, of course. After six years of unsuccessful attempts to sell Champ d'Or, the Goldfields are no longer granting interviews on the subject, Sedeño said. They were none too happy about a story that appeared in the May-June issue of D CEO that wondered whether the house would become "The Biggest Little Teardown in Texas?"

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Madden accepts chair position for national committee

Speaker of the Texas House Joe Straus recently announced that the president of the National Conference of State Legislatures has invited Representative Jerry Madden (R-Plano) to be the chairman of the Law and Criminal Justice Committee in the conference year ahead.

Madden served the past year on the LCJC as vice chairman, and said his new position will allow him to have more coordination with the staff and be more involved in national meetings.

“This is a great honor,” Madden said. “I’m very pleased to accept.”

Madden said the national committee allows him to keep tabs on programs implemented in other states that benefit their prisons and take those ideas to benefit the Texas prison system.

Two years ago, Madden, who is chairman of the Texas House Corrections Committee, learned about the increasing need for more beds in Texas prisons in order to support the rapid increase in prison population. Madden realized that by 2012, the state would need 17,000 more beds, which would mean building eight prisons at a cost of nearly $1 million.

Madden said at this point he realized it was time to fight crime “tough and smart,” by authoring bills geared toward rehabilitation approaches for offenders who commit alcohol- or drug-related crimes.

“Our hope and desire is to break individuals of the habit that got them in prison,” Madden said. “This will make our communities safer when they return to society.”

Since the 2007 legislative session, 4,000 beds have been placed in intermediate sanction facilities, Substance Abuse Felony punishment facilities, In-Prison Therapeutic Communities and halfway house facilities.

According to Madden, out of 150,000 individuals incarcerated in Texas, 100,000 are non-violent offenders who have committed drug- or alcohol-related offenses.

“We’ve done things for re-entry and additional work in prison systems,” Madden said. “We work with people to make sure they are doing the right thing.”

This year, Madden was recognized by the National Center for DWI Courts for promoting and developing these types of courts in Texas. He said counties are continually adopting the idea, which will lead to fighting impaired driving.

“This allows judges to monitor individuals convicted of a DWI, by providing long-term ongoing accountability and rehabilitation,” Madden said. “Those convicted of a DWI will attend alcohol classes and other behavior modification classes in attempt to address the problem and prevent a repeat offense.”

“Representative Madden’s past work as a member and vice chair of the Committee has been greatly appreciated, and your acquaintance and involvement with state criminal justice and state-federal policy positions will continue to be very beneficial to the Committee,” Straus said. “I know you will continue to provide the same level of thoughtful and engaged representation on this committee as you have in the past.”

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Texas killer of Brazilian couple loses appeal

A suburban Dallas man condemned for the slaying of a Brazilian man nine years ago has lost a federal court appeal of his conviction and death sentence, moving him a step closer to execution.

The 5th U.S. Circuit Court of Appeals, in a ruling late Monday, rejected the appeal from Michael Sigala. Sigala, 31, of Plano, was sentenced to die for the fatal shooting of Kleber Santos.

Santos, 28, and his wife, Lilian, 25, were shot at their Plano apartment in August 2000. The woman also was raped and the couple's wedding rings were stolen and subsequently pawned. Sigala was arrested about two months after the killings while on probation for a robbery conviction.

In his appeal, Sigala contended his trial judge in Collin County improperly allowed testimony and medical records from a psychiatrist during the sentencing phase of his trial. He also argued his trial lawyers were deficient for not objecting to the testimony and for not developing and presenting mitigating evidence for the jury to consider when deciding if he should get the death penalty.

The New Orleans-based appeals court said it agreed with lower courts that found mitigating evidence "would have been unlikely to help him."

The court said while evidence showed Sigala's mother "had taken pains to take care of him financially and medically," he had abused drugs, was expelled from school, had a lengthy criminal history of theft, marijuana possession and robbery, participated in gang activities and had been diagnosed with an anti-social personality disorder.

"It is hard to see how the additional evidence Sigala claims ... would have added so significantly to his mitigation case that the outcome would likely have been different," the court said.

In a videotaped statement to police following his arrest, Sigala said the couple were shot in self-defense after Santos struck Sigala's acquaintance with a baseball bat. He said he and a companion went to the apartment to sell Santos some heroin, but authorities found no evidence Santos or his wife ever used drugs. A toxicology report also found no illegal drugs in either victim.

Santos was an engineer for a cell phone manufacturer whose job took him from Brazil to Texas in January 2000, a month after he and his wife married. Lilian Santos remained in Brazil to continue her veterinary studies at the University of Sao Paolo and was visiting her husband in Plano during a school break.

Court records show Sigala was on a one-day furlough from a drug treatment facility on the day of the slayings so he could find a job. The bodies were found by a neighbor after Santos failed to show up at work.

A camera stolen from the apartment and pawned led police to wedding rings that also had been pawned. That investigation led to Sigala, who also was charged with Lilian Santos' murder but never tried.

A man who helped Sigala pawn the items was not charged in the deaths but was sentenced 35 years in prison for violating probation from a previous aggravated robbery conviction.

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Mosley gets 40-year sentence in child sexual assault, videotaping

GREENVILLE — A Hunt County man will spend at least the next four decades in prison, after having been found guilty of charges of sexually assaulting a child and videotaping the encounter.

Donald Brian Mosley, 43, faced up to life in prison. He had pleaded guilty in April to one count of aggravated sexual assault of a child and one count of sexual performance by a child. He entered open pleas of guilty to both charges, meaning no potential sentence in the case had been offered or arranged.

Following a hearing in the 354th District Court, Judge Richard A. Beacom sentenced Mosley Thursday to 40 years in the Texas Department of Criminal Justice-Institutional Division on each count, according to Hunt County District Attorney Noble D. Walker Jr.

“We are extremely pleased with the sentences handed down by Judge Beacom,” Walker said. “Since the judge ordered that the sentences were to run consecutively, or “stacked”, the defendant will have to complete his first sentence before beginning his second sentence. As a result, the defendant will have to serve at least 40 years in the penitentiary before being eligible for release on parole.”

Mosley, who lived at a residence between Floyd and Merit, was the subject of a reported investigation by the Hunt County Sheriff’s Office after deputies received information on Oct. 10, 2008 of possible child pornography on a videotape that had been brought to the agency. Officers with the Criminal Investigation Division were contacted and reportedly determined the aggravated sexual assault of a child had occurred. During the investigation, the Hunt County Sheriff’s Office requested assistance from the Collin County Sheriff’s Office, the Plano Police Department and the Federal Bureau of Investigation (FBI) in locating additional potential victims and the recovery of computer equipment for evidentiary purposes.

Walker credited First Assistant District Attorney Steve Tittle for the prosecution of the case, and the sheriff’s office for the investigation, most notably Sheriff’s Investigator Jeff Haines, who obtained admissions from Mosley during his interrogation of the defendant.

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Federal grand jury returns indictments

PLANO, TX—U.S. Attorney John M. Bales announced that a federal grand jury returned indictments on July 8, 2009, charging multiple individuals in separate cases of federal violations in the Eastern District of Texas.

TRAVIS HUNTER BLANK, 32, of Plano, Texas, has been charged transporting child pornography using the internet and possession of child pornography. If convicted, Blank faces up to 20 years in federal prison.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case is being investigated by the Plano Police Department, the Collin County Sheriff's Office, and U.S. Immigration and Customs Enforcement and is being prosecuted by Assistant U.S. Attorney Mandy Griffith.

ANMOL KUMAR NAGPAL, 20, and ANUPAM KUMAR NAGPAL, 34, both of India, have been charged with conspiring to unlawfully transfer identification documents. If convicted, they each face up to 15 years in federal prison.

According to the indictment, the Nagpal brothers conspired and attempted to transfer false identification documents, specifically Texas Driver's Licenses, knowing that these documents were illegally produced.

This case is being investigated by the U.S. Department of Homeland Security and prosecuted by Assistant U.S. Attorney Richard J. Johnson.

JAMES ELBY ROGERS, 47, of Howe, Texas, has been charged with two counts of firearms violations relating to his possession and making of a pipe bomb. If convicted, Rogers could face up to 10 years in federal prison. According to the indictment, in March 2009, a destructive device, commonly referred to as a pipe bomb, was discovered at the residence where Rogers had been staying. The Denton County Bomb Squad safely removed and detonated the device without incident.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Grayson County Sheriff's Office and is being prosecuted by Special Assistant U.S. Attorney Charles E. Roy.

KEITHA KAY CARSON, 28, of Denton, Texas, and KENT RUSSELL GIPSON, 35, of Gainsville, Texas, have been charged with counterfeiting and forging obligations of the United States and aiding and abetting. If convicted, they each face up to 20 years in federal prison.

This case is being investigated by the U.S. Secret Service and prosecuted by Assistant U.S. Attorney M. Andrew Stover.

CHRISTOPHER PAUL RUNGE, 37, of Denton, Texas, has been charged with possession of counterfeit obligations of the United States. If convicted, he faces up to 20 years in federal prison.

This case is being investigated by the U.S. Secret Service and prosecuted by Assistant U.S. Attorney M. Andrew Stover.

MICHAEL CHARLES PURCELL, 40, of the Colony, Texas, has been charged with using an unauthorized access device. According to the indictment, from Mar. 3 to Mar. 24, 2008, Purcell used an unauthorized MasterCard debit card to obtain goods or merchandise in excess of $1,000. If convicted, he faces up to 10 years in federal prison.

This case is being investigated by the U.S. Postal Inspection Service and prosecuted by Assistant U.S. Attorney M. Andrew Stover.

FEDERICO DIAZ-MONDRAGON, 36, of Mexico, has been indicted for illegal re-entry of a deported alien. According to the indictment, on Oct. 16, 2008, Denton County officials noticed federal authorities that the defendant was in custody on a local warrant. If convicted, Diaz-Mondragon faces up to 20 years in federal prison.

This case is being investigated by U.S. Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Kevin D. Collins.

JAVIER COLLAZO-MEDRANO, 40, of Mexico, has been indicted for illegal reentry of a deported alien. According to the indictment, on June 2, 2009, the Cooke County Sheriff's Office notified federal authorities that the defendant was in custody on a local warrant. If convicted, he faces up 20 years in federal prison.

This case is being investigated by U.S. Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Richard J. Johnson.

ROBERTO RODRIGUEZ-VEGA, 47, of Mexico, has been indicted for illegal reentry of a deported alien. According to the indictment, on June 22, 2009, the Denton County Sheriff's Office notified federal authorities that the defendant was in custody on a local warrant. If convicted, he faces up 20 years in federal prison.

This case is being investigated by U.S. Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Richard J. Johnson.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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Plano man sentenced for fraud scheme

PLANO, TX – U.S. Attorney John M. Bales announced that a 46-year-old Plano, Texas man has been sentenced to federal prison for his role in a fraud scheme in the Eastern District of Texas.

U.S. Attorney Bales said, “Blair’s unconscionable acts of thievery are now punished! Now, our goal will be to recover the stolen money for the parishioners of the church who had entrusted Blair with the church finances. The one thing that is difficult for the victims to recover is their trust in others in the future, all because of the appalling deceit and fraud of Blair.”

DONALD PATRICK BLAIR pleaded guilty to an Information in March 2009, charging him with mail fraud and making false statements on his tax returns and was sentenced to 24 months in federal prison today by U.S. District Judge Marcia Crone. Blair was also ordered to pay restitution in the amount of $1.5 million.

According to information presented in court, between 2000 and 2007, Blair served as the business administrator for a local church in Carrollton, Texas. During this time, he embezzled more than $1.2 million from the church by diverting these funds to his personal expenditures. In connection with his scheme to defraud, Blair understated the amounts of his taxable income for tax years 2001 through 2006, thereby owing an additional $262,663 in taxes. The amount of restitution includes the amount stole from the church and the amount owed to the government for taxes.

Mike Lahey, Special Agent in Charge, Internal Revenue Service, Criminal Investigations Dallas Field Office, highlighted the importance of the prosecution, "Like many other illegal activities, embezzlement is a crime that not only runs the risk of being punished for the underlying crime, but also for the subsequent tax evasion that most criminals commit in trying to hide their criminal acts."

Blair was ordered to surrender to the U.S. Marshal's Service on Sep. 7, 2009, to be transported to federal prison and begin serving his sentence.

This case was investigated by the Internal Revenue Service and was prosecuted by Assistant U.S. Attorney Shamoil T. Shipchandler.

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McKenna files claim against Rent-A-Center

SEATTLE (Legal Newsline) - Washington Attorney General Rob McKenna on Friday filed a lawsuit against Rent-A-Center for alleged consumer harassment and deceptive debt collection practices.

McKenna said Rent-A-Center has violated the state's Consumer Protection Act and Lease Purchase Agreements Act by repeatedly harassing consumers over the telephone, using profanity, showing up to customer's residence and claiming a false court order.

According to a sworn statement by Carol Hammons, a customer of Rent-A-Center, company employees showed up to her home and refused to leave after being warned.

The employees then distributed personal information about her family to other residents of the neighborhood.

In another sworn statement, a consumer alleged the company made repeated phone calls to the customer's home using profanity and threatening language. He said employees later arrived at his home and tried to kick his door in.

"While companies certainly have the right to collect on outstanding debts, state law, along with the most basic standards of common courtesy, dictate how companies may collect on those debts," McKenna said.

"Attempting to kick doors down, calling the debtor's friends and relatives, and scaring their children aren't included in those basic standards."

According to the complaint, Rent-A-Center has allegedly harassed consumers with repeated phone calls at home and work, repeated collection to third parties such as friends and relatives, used profanity while attempting to collect unpaid debt, pounded on consumers doors, revealed personal consumer information to third parties, using false threats of criminal arrest and claiming to have a court order when they did not.

McKenna said his office has also asked the court to force Rent-A-Center to hand over all documents outlining its collection practices and to stop engaging in unlawful conduct.

Texas-based Rent-A-Center has 50 stores located in Washington.

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Crusade Against Illegal Immigration Thwarts DWI Prosecution

RALEIGH, N.C. -- A Wake County District Court Judge dismissed DWI charges against Stephanie Smith on Friday, June 19, 2009 after the Defendant prevailed on a Motion to Dismiss. David J. Ward, Esq., attorney for the Defendant, contended that the continued detention of Ms. Smith subsequent to her breath test was illegal under North Carolina Law.

Ms. Smith was arrested on November 26, 2008 and taken to the police station so that she could submit to a breath alcohol test. Under North Carolina Law, when an individual is arrested for a DWI, an individual is not permitted to be detained any longer than necessary for a magistrate to make a determination of probable cause absent additional facts justifying a prolonged detention. Ms. Smith was detained for approximately 4 hours subsequent to her breath test.

The State contended that Ms. Smith’s prolonged detention was justifiable due to the Wake County Jail’s “287(g)” program. By implementing a 287(g) program, the Wake County Sheriff’s Office has certain Detention Deputies trained by Immigration and Customs Enforcement to detect and detain illegal aliens. The Deputies in charge of the 287(g) program in Wake County detained Ms. Smith in order to determine her citizenship status. The Court ruled that the case should be dismissed because Ms. Smith was a natural born United States Citizen.

David Ward, attorney for Ms. Smith stated “The illegal detention of Ms. Smith came at a crucial time when she could have gathered evidence in her own defense. Any time public sentiment results in reactionary programs like the 287(g) Program, there are always going to be unintended consequences. As long as Counties in North Carolina continue to participate in programs that result in the illegal detention of US citizens, we are going to see more cases like Ms. Smith’s.”

ABOUT DAVID WARD: David J. Ward is a criminal defense attorney in Raleigh, North Carolina. Mr. Ward is the current president of the Wake County Academy of Criminal Trial Lawyers. The Ward Law Firm handles misdemeanor and felony criminal defense matters in Wake, Durham, Orange and Chatham Counties. More information on the firm and attorneys can be found at www.WardLawFirmNC.com.

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Lawyer missing amid charges for tampering with DWI cases

RALEIGH – A Johnston County lawyer who faces charges of tampering with dozens of DWI cases is missing. Family members of Chad Lee said no one has seen or heard from him since June 25.

Lee’s truck was last seen at the Holiday Inn in Duplin County.

The family filed a missing persons case earlier this week. Detectives said they’ll go through credit card charges and cell phone records hoping to find lee’s whereabouts.

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