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Road Crews Prepare for Winter Weather

Written By Unknown on Rabu, 26 Desember 2012 | 00.34

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TxDOT Crews Ready for Winter Weather

Road crews are ready for North Texas' upcoming Christmas storm.

Road Crews and Residents Prepare for Winter Weather

Drivers prepare their cars for the winter weather while road crews across Tarrant County watch and wait for any winter weather related issues.

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Road crews are preparing for the possibility of a white Christmas.

A powerful storm system is expected to bring rain and snow to North Texas.

Rain on Christmas morning is expected to mix and eventually change to snow by the evening. Up to 1 inch of snow is possible for Dallas and Fort Worth on Christmas afternoon and evening.

However, 1 inch to 3 inches of snow is possible toward Denton and McKinney and areas near the Red River.

The Texas Department of Transportation, which monitors more than 10,000 lane miles of roads in North Texas, will have crews keeping an eye on the weather and the ground temperature.

The agency will have roadrunners, crews that look for bad spots on the roads, out in the area. They will check on bridge railings and high points that freeze first to see if there are any sign of freezing or sticking, TxDOT spokeswoman Michelle Releford said.

Releford said the ground temperature will ultimately dictate if the expected rain or snow sticks to the ground.

If needed, about 400 crews are available for TxDOT's 16-county North Texas region. Fort Worth and Dallas each have 30 trucks ready to roll.

Some drivers say the idea of a white Christmas outweighs any worries about dangerous road conditions.

"I'm originally from Illinois, so [I'm] not scared of bad weather," said Ashley Ruiz, of Dallas. "A little dusting of snow isn't going to keep me away from friends and family on Christmas."

But other drivers will be on the lookout for ice.

Jerdal Whitaker said he learned how to drive on the ice while going to school in Lubbock but Dallas drivers aren't quite used to it yet.

"You definitely have to worry about everyone while you're driving, especially out here," he said. "We're not used to the weather that comes, especially when it's ugly, so you definitely have to drive slow."

Marlon Bible's car has big rims and low-profile tires. His LED wheels even light up, showing off every color of the spectrum. But they don't do well in ice or snow.

"I'm just hoping it's not ice. If it is, I'm going to be smart and keep it parked," he said.

The same system that is set to move into North Texas beginning Monday night dropped a significant snowfall on portions of California over the weekend.

NBC 5's Ben Russell, Samantha Davies and Ken Ken Kalthoff contributed to this report.

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One Killed in Plano House Fire

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A man died in a house fire in Plano on Christmas Eve.

Plano firefighters were called to the home in the 2500 block of Park Haven Drive at about 7:20 p.m.

A firefighter sustained burns after kicking in a door in an attempt to rescue the victim.

The victim was the only person in the home at the time of the fire, firefighters said.

The cause of the fire is under investigation.

The injured firefighter is expected to recover.

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Jerry: "Not A Thought" About A Coaching Change

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It appears that Jason Garrett will be back in Dallas in 2013, whether or not the Cowboys are able to beat the Redskins to earn an NFC East crown and a playoff berth.

According to a report on Sunday, Jerry Jones hasn't given any thought to making a change at head coach.

"I didn't hear that and have not even thought about anything different than Jason being our coach," Jones said, per the Dallas Morning News. "That's the only response that I have to it. … Seriously, and I'll be real serious about it, I have no thoughts about making a coaching change."

For all the Cowboys' struggles this season, Garrett has the team in control of their own destiny at 8-7.

"There's not a thought," Jones added, "there have been no conversations about anything differently than our keeping Jason."

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Christmas Storm: Snow This Afternoon

Samantha Davies, NBC 5 Weather

A strong storm system will bring rain and snow to North Texas on Christmas Day and night. A WINTER WEATHER ADVISORY is in effect from Noon until 9PM Tuesday for Denton, Collin, Jack, Wise, Hunt, Delta, Hopkins, Montague, Cooke, Grayson, Fannin & Lamar counties.

Christmas Day Weather Update

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A strong storm system will bring rain and snow to North Texas on Christmas Day and night. A WINTER WEATHER ADVISORY is in effect from Noon until 9PM Tuesday for Denton, Collin, Jack, Wise, Hunt, Delta, Hopkins, Montague, Cooke, Grayson, Fannin & Lamar counties. 

Thunderstorms this morning produced small hail, pockets of heavy rain and lightning across North Texas. Between noon and 2PM,  the rain will begin to mix with and eventually change to snow. By  Christmas afternoon and evening expect  snow across the Metroplex. The heaviest totals will likely occur over Bowie and Sherman with 2-4" expected.  1-2" of snow will fall through the Metroplex. Areas south of I-20 will see a dusting.  Snow will end by 9PM

Temperatures will drop throughout the day to near freezing by the late afternoon. Winds will be Northwesterly gusting up to 40 mph. Wind chill values will be in the teens.

The strong winds will also create hazardous driving conditions. Blowing rain and snow will reduce visibility. With temperatures falling into the teens and 20s there may be icy spots on the roads Wednesday morning.

CHRISTMAS DAY:  Morning rain and storms, rain/snow mix from noon-2pm, snow from 3-9pm. Very windy and turning colder.  Temperatures: 40s in the morning falling into 30s by afternoon.  Wind: NW 15-30 mph with gusts to 40 mph.

CHRISTMAS NIGHT: Snow ending. Cloudy and windy. Wind chills in the teens and single digits. Low: 19.

WEDNESDAY:  Partly cloudy and very cold. There may be icy spots on roads and sidewalks.  High 33.  Wind:  N 10 mph.

THURSDAY:  Partly cloudy and cold.  Low: 25.  High 48.  Wind:  S 10-15 mph.

FRIDAY:  Mostly cloudy with a 20% chance of showers.  Low 32.  High 47.  Wind: N 10-20 mph.

SATURDAY:  Mostly sunny.  Low: 27.  High: 49.  Wind: S 10 mph. 

SUNDAY:  Partly cloudy.  Low: 28.  High: 55.  Wind: S 10 mph.

New Years Eve:  Mostly Sunny.  Low: 35.  High: 55. 

Take NBC 5's million-watt First Alert Radar with you everywhere you go. The NBC 5 First Alert Radar app is available for download free for iPhone, iPad and Android. Search NBC 5 in the App Store or Google Play and download it and rate it today! CLICK HERE for more information.

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Lightning Sparks Condo Fire In Fort Worth

NBC 5

Several firefighters respond to a fire in east Fort Worth.

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Firefighters believe overnight lightning sparked a fire that destroyed four condominiums early Christmas morning.

The fire began around 2:00 a.m. in the 12000 block of Bay Avenue. Flames quickly spread through the homes. 

Firefighters rescued a family of four from their balcony.  The family included two children under the age of ten.

No one was injured.

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Christmas Morning Fire Sweeps Through Dallas Apartments

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Fire forced ten people in Dallas out of their apartments early Christmas Morning.

The fire broke out at the Montecito Palms Apartments in the 8400 block of Skillman Street around 2:00 a.m. Tuesday.

Firefighters arrived to find flames near the third floor chimney.

The Red Cross is on scene, helping the ten people displaced.

There are no injuries.

Investigators are still searching for a cause.

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Garrett Made Correct Calls Vs Saints

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In any NFL game, a head coach is faced with numerous decisions that can greatly affect the outcome. Nearly all aspects of a coach's game management—things like fourth-down decisions, timeouts, and onside kicks—have a significant impact on his team's success. On Sunday, Cowboys coach Jason Garrett made two decisions that many are criticizing today—one to run the ball only 10 times and another to kick an extra point near the end of regulation. Despite the disapproval, Garrett made good decisions on both fronts.

Run/Pass Balance

It may have once been true that teams needed to run to set up the pass, but the elite teams in today's NFL pass the ball early and often. Although rushing the ball frequently is strongly correlated with winning, that's only because teams that are already winning run the ball late. The Cowboys and most NFL teams actually win more when they pass to start games; the 'Boys have historically won nearly 50 percent more often when they pass the ball on at least 57 percent of snaps in the first three quarters.

On Sunday, the Cowboys passed on 81.8 percent of their offensive snaps. That had led to some criticism of Garrett's clock management; there are firm believers out there that you need to "control the clock" to win in the NFL. Nothing could be further from the truth.

Like rushing attempts, time-of-possession is strongly correlated with team wins, but again, that's simply a result of winning teams running the ball late in games. In reality, there's no causal relationship between possessing the ball and winning after accounting for game situations, i.e. you don't win games simply by holding onto the ball.

Further, good teams should actually avoid "controlling the clock." It's of course advantageous to have the ball, but running simply for the sake of winning time-of-possession is self-defeating. Since running is generally sub-optimal to passing, trying to control the clock early in games via the ground often results in fewer plays and, ironically, less time with the ball.

In the end, it's important to understand that leading time-of-possession is simply something that accompanies winning, not a cause of it. On Sunday, Garrett was absolutely right to pass as many times as he did. Sure, Drew Brees and the Saints were able to run more offensive plays, but so was Dallas. In any game in which a team considers themselves to be the favorite, increasing the sample size of plays also improves the probability of victory.

Two-Point Conversion

There's been some talk that the Cowboys should have gone for two once Romo hit Miles Austin in the end zone just before the end of regulation. Down 31-30, a successful two-point conversion would have all but won the game for Dallas. With so little time left on the clock, it's relatively easy to determine the "right" call in such a situation; if the odds of converting for a two-point conversion exceeded the chances of Dallas taking down the Saints in overtime, then forgoing the extra point would have been the right call.

Even with the Saints' high-powered offense, the Cowboys were probably slight favorites going into overtime; they had just scored two quick touchdowns and appeared to be a good bet to score in overtime.

However, teams have historically converted two-point conversions on just under half of their tries; since 2009, the conversion rate is 48.5 percent. Even taking into consideration that the Cowboys are an above-average offense, you probably wouldn't expect their anticipated conversion rate to exceed 55 percent. Thus, unless Garrett had a particular play in mind that he figured had a very high probability of converting, I think he made the right call to send the game to overtime.

Jonathan Bales is the founder of The DC Times. He writes for DallasCowboys.com and the New York Times. He's also the author of Fantasy Football for Smart People: How to Dominate Your Draft.

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Amber Alert: Boy Believed in Grave Danger

Written By Unknown on Rabu, 19 Desember 2012 | 00.34

WOAI-TV, San Antonio Police Department

Jonathan Guillen.

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A statewide Amber Alert has been issued for an 11-month-old boy out of San Antonio who police say was taken by his own father.

San Antonio police are searching for Jonathan Jose Guillen Jr., a Hispanic male who stands 2 feet 6 inches tall and weighs approximately 25 pounds.  He has brown hair, hazel eyes and was last seen wearing blue jeans and a red hooded sweatshirt.

Police are searching for the boy's father, Jonathan Guillen Sr., who is described as 23 years old, 5 feet 8 inches tall and weighing approximately 185 lbs.  He has brown hair, brown eyes and was last seen wearing a white muscle T-shirt with black or red shorts.

WOAI-TV in San Antonio reports the boy was taken after his father killed his mother's estranged boyfriend last Thursday.

Guillen is believed to be driving a black 2002 Chevrolet Trailblazer with Texas plate 7CZTJ.

Texas law enforcement officials believe the child to be in grave or immediate danger.

Anyone who spots Guillen or their car is asked to call 911.

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DPD Says "No" to Driving-Policy Changes

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A search of Dallas police records has revealed a series of car crashes caused by officers using in-car computers while driving. But despite those incidents, Dallas Police Chief David Brown has decided not to implement a written policy to prohibit officers from typing while driving.

Through an open records request, the NBC 5 Investigates team found Dallas police officers in two years caused 168 crashes that the department classified as "preventable." Thirteen of those crashes involved distractions in a police car, while eight of those 13 crashes involved officers typing on computers, according to police records.

Police department videos obtained by NBC 5 Investigates show some officers driving off of roadways and damaging their cars while using computers. In one video, an officer rear ends another driver at a stoplight while typing a message.

In June top Dallas police commander Deputy Chief Rick Watson said the department was "looking at revising" its policy on computer use while driving in hopes of preventing crashes.

A Dallas police spokesman now says those changes are not going to happen.

"We train our officers on the danger of distracted driving," said Lt. Paul Stokes. "We believe if we train officers well, they will use good judgment."

Other police departments in the Dallas-Fort Worth Metroplex have created tough new policies to prevent distracted driving crashes since NBC 5 began investigating the issue last summer.

Fort Worth Police Chief Jeffrey Halstead decided that training officers to manage distractions was not enough. He has issued a strict new order -- do not type while the patrol car is moving.

"They will not divert their attention directly to typing and getting more information while the vehicle is in motion. We are mandating that they do this when the vehicle is stopped," Halstead said.

Fort Worth police are also considering the use of a new device called Archangel II, which shuts down many of a computer's functions if the car exceeds a certain speed.

Tech Solution Could Prevent Crashes Highlighted by NBC 5 Investigation

Fort Worth police plan to test a new device that limits an officer's ability to use a computer while a police car is moving. A five-month investigation by NBC 5 uncovered dozens of crashes in North Texas involving officers distracted by computers.

FWPD Implements Distracted-Driving Policy

Fort Worth police have developed a distracted-driving policy that tells officers not to type on their dashboard-mounted computers while driving.

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NBC 5 Investigates wanted to ask Brown why he's not going to implement tougher policies or technology to keep officers and other drivers safe, but a department representative said the chief would not answer questions and that there would be no more discussion about the issue.

Because Brown is a public official, NBC 5 Investigates told the department that if the chief would not meet, the team planned to approach him at a public event to ask him about this issue. NBC 5 Investigates did so at a police department graduation.

At first, Brown said he would answer the question, but then accused NBC 5 Investigates of ambushing him, being disrespectful to him and his staff and insulting people in the room by showing up to talk with him at a public event that the media was invited to. He suggested that NBC 5 has treated him differently than previous police chiefs.

"There's a level of respect that I've seen in my 30 years as a police officer here that predecessors of mine hadn't received from your station, and so my big question is, why are you treating my administration differently with the ambush here today at a police graduation?" Brown said.

Brown said if NBC 5 Investigates doesn't like the statements his staff gives, NBC 5 cannot approach or "ambush," him to ask him questions.

"I'm ashamed for your station, and that's my statement, and I'm not going to give an interview. Thank you," Brown said.

Kim Schlau said she believes police departments that don't take a tougher stand on distracted driving are bound to repeat tragedies such as the one that devastated her family.

"Something is going to happen. It's inevitable," Schlau said.

In 2007, her daughters, Jessica and Kelli Uhl, were killed by an Illinois state trooper. The trooper was driving more than 100 mph while responding to a call and admitted he was talking on a cellphone and emailing on his police computer moments before the crash.

"I don't want anyone else to go through what we went through as a family, telling us our children weren't coming home," Schlau said.

After her daughters died, the Illinois state police implemented new policies.

Schlau said she believes too many departments wait until after a tragedy and fail to see the warning signs in minor crashes.

"You bang into, you know, a curb today; it's a tree tomorrow; it's a person the next day. You can't let that pattern go on," Schlau said.

Today, Schlau speaks to police officers all over the country in hopes the memory of her daughters will remind them to avoid distractions. She spoke to Dallas police cadets earlier this year.

This summer, DPD's top driving instructor told NBC 5 Investigates he supports policies that tell officers not to type and drive because most officers follow policy and it could help keep them safe.

But right now, Dallas police still have a gap between what officers are told in training about the dangers and what the written policy says for officers on the street.

Arlington police have just closed a similar gap.

They just issued a new policy that says in part: "The driver of a police vehicle can use the mobile dashboard computer only minimally, such as one-button functions, when the vehicle is moving."

NBC 5 Investigates uncovered 18 crashes involving officers using computers in Arlington in a three-year period of time.

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Manhunt Over, Lock Down Lifted in Ferris

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A manhunt for an escaped prisoner is over and school lock downs have been lifted Tuesday morning in the Ellis County town of Ferris.

According to Ferris Chief of Police Sam Love, a handcuffed 24-year-old man who had been arrested for burglary and assault managed to escape from a patrol car at about 6:20 a.m.

The man, still handcuffed, fled on foot.

Love said the man, whose name has not yet been released, is a lifelong resident of Ferris and that officials were concerned the man may try to hide in a nearby school.  As a precaution, both Ferris High School and Ferris Junior High School were placed on lock down.

The man was apprehended at about 8:20 a.m. after a resident spotted the man hiding in the back yard.  Once back in custody, the lock downs were lifted.

The man was found only two blocks away from where he escaped nearly two hours before.

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Instagram Can Sell Your Photos Under New Policy

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Instagram's new terms of service give the company the right to license your shared photos to other companies and not pay or notify you for them.

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If the picture in that ad looks familiar, that soon could be because it's one you took and shared on Instagram.

With its sweeping new terms of service, the photo sharing app claims the right to use and license any photos posted by users, without notifying them or paying them a cent.

The new policy, which takes effect Jan. 16, would let Instagram use photos posted on its platform in its own advertisements and would also let it license them to companies or any other organization, including for their own ads.

There's no way to opt out of the policy, short of deleting one's account before Jan. 16.

It applies to underage users as well as adults, with teens certifying parental consent when they sign up. It could also affect people who don't even use Instagram; they could show up in ads if their friends photograph them and share the pictures on the app, The New York Times noted.

The new policy has already raised the hackles of plenty of users, as well as plenty of questions about how it will be put into effect.

CNET wrote that the policy would effectively make Instagram a massive stock photo agency — one that bypasses paying its photographers. It also questioned whether Instagram would still reserve the right to use past photos posted by users who delete their accounts after Jan. 16.

Instagram's terms of service update follows a similar one last week by Facebook, which bought it for $1 billion in April, Politico reported.

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Car Backfire Mistaken for Gunshot, Lock Down Lifted

Mark Schnyder, NBC 5 News

Birdville Elementary in Haltom City.

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Birdville Elementary School in Haltom City is no longer on lock down.

The campus was placed on lock down Tuesday morning due to police activity in the area.

According to police dispatchers, officers were called to the area after someone reported hearing a gunshot near the campus along the 3100-block of Bewley Street.

According to police, it now appears the gunshot was actually the sound of a car backfiring. The report of that sound led to the lock down, which was lifted at about 9 a.m.

All of the children at the school are OK.

Parents told NBC 5 that while they were pleased with the swift action by law enforcement, they were frustrated that the situation took place at all in light of the massacre at a Connecticut elementary school last week. 

Some of those parents, including David Braziell, removed their children from class Tuesday over concern for their welfare.

"This is crazy after the things that happened over in Connecticut," said Braziell.  "Everybody's going to be on scare [sic] right now, which is understandable."

NBC 5's Mark Schnyder contributed to this report.

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#26Acts of Kindness for Newtown

AFP/Getty Images

A sign at a makeshift shrine to the victims of a elementary school shooting in Newtown, Connecticut, December 16, 2012. A young gunman slaughtered 20 small children and six teachers on December 14,2012 after walking into a school in an idyllic Connecticut town wielding at least two sophisticated firearms. AFP PHOTO/Emmanuel DUNAND (Photo credit should read EMMANUEL DUNAND/AFP/Getty Images)

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In response to the tragedy at Sandy Hook Elementary School in Newtown, people are using social media to pledge to commit acts of kindness in honor of the shooting victims.

It started with a Tweet from Ann Curry, of NBC News:  "Imagine if all of us committed to 20 acts of kindness to honor each child lost in Newtown. I'm in. If you are RT. #20Acts."

Curry wrote about the movement on NBCNews.com and said tens of thousands of people responded on Facebook and Twitter. The pledge has since increased to 26 acts to also include the six adult women who were killed inside the school on Friday.

The response has global, including in Connecticut, where residents from each corner of the state are in mourning.

Schaghticoke Middle School in New Milford put out the call on Twitter.


It is also taking off at New Milford High School.


A man in Ontario placed a call to a Newtown restaurant and paid for meals, according to one Tweet.

One woman decided to buy a cup of tea for the police officer behind her in line at the drive-through in Danbury.


Some have tweeted that they are sending cards to soldiers, in memory of the young victims. Others are making donations to help children overseas.

While there are many public pledges, others are no doubt being done privately and quietly by people who just have the desire to bring a smile to someone's face after so much sadness. 

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Dallas Wants More Eyes in the Sky

Written By Unknown on Rabu, 12 Desember 2012 | 00.34

Omar Villafranca, NBC 5 News

Next week Dallas city leaders will decide if they want to buy as many as 600 cameras add to the network of surveillance cameras monitoring high-crime areas of the city.

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City leaders in Dallas want to buy more cameras to monitor crime-prone spots around the city.

The Dallas Police Department monitors roughly 100 cameras around the city, but the city council is mulling a proposal to add as many as 600 cameras.

According to one of the memorandums about the proposal, the cameras would be paid for with city money, confiscated money and private donations.

The cameras are already in use in Uptown, Fair Park, The Arts District and Jubilee Park.

Council member Pauline Medrano, Chair of the Public Safety Committee, said she supports the proposal.

A spokeswoman in council member Sheffie Kadane's office, the Vice Chair of the Public Safety Committee, said he had not made a decision on the proposal.

The council will vote on the proposal late this week.

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School Bus, Car Collide in Dallas

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A Dallas County school bus and a car collided near Cockrell Hill and Davis Street Tuesday morning.

The bus was loaded with about 15 students bound for the Dealey International Academy when it collided with the car.

None of the students were believed to be injured in the crash, though some were being taken to the hospital to be evaluated.

The driver of the car that collided with the bus said he was stopped at the intersection and saw the bus coming down the hill. 

"As I stopped, I looked up, looked this way and seen the school bus coming, looked that way and then when I pulled out he's coming down the hill and the front of the school bus surpassed my car and my car went up under the school bus and hit the back of the tire," said the driver, who refused to give NBC 5 his name. "I'm not worried about me, as long as the kids on the bus is OK, that's all I'm worried about."

The driver said the back part of the bus rolled over the front of his car, snapping the bus's axle.

One student told NBC 5 that it looked like the car was going too fast and hit the back part of the bus.

Several kids on the bus told NBC 5 that it felt like the bus was going to flip over as it rolled over the car.

The bus did not flip and eventually came to rest in a nearby median.

Dallas police are investigating the crash.

NBC 5's Ben Russell contributed to this report.

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Documents Describe Brent's Failed Sobriety Test

Documents obtained from an Irving police source detail how Josh Brent failed sobriety tests administered by an officer shortly after the car crash that killed teammate Jerry Brown Jr.

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Investigation Continues Into Crash That Left Cowboys Player Dead

Dallas Cowboys defensive lineman Josh Brent says he's "just trying to deal" with the death of his teammate Jerry Brown. Brent is charged with intoxication manslaughter in the crash that killed Brown. Both men also were teammates at the University of Illinois.

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The Dallas Cowboys player charged in the death of practice-squad player Jerry Brown Jr. failed several sobriety tests after the crash, according to police documents obtained by NBC 5.

Nose tackle Josh Brent was at the wheel of a car that overturned on the State Highway 114 service road near Cistercian Road at about 2 a.m. Sunday.

Brown died of accidental causes from blunt force trauma to the head and neck, the Dallas County medical examiner said Monday.

Police are still working on the official police report about the crash. According to documents provided by an Irving police source, Brown was given several tests, including the "walk and turn."

The documents outline several ways that Brown failed, including not maintaining his balance during the instructional stage, starting too soon and stopping while walking in order to regain his balance.

The documents go on to say that Brown was given the one-leg stand, which he also failed by putting one foot down, using his arms for balance and swaying.

The officer deemed Brown had a "large quantity of alcohol in his system," the documents state.

Irving police said Monday that they are preparing a timeline of what led to the fatal crash. Investigators say a timeline will help determine whether a bartender could be partly to blame in the crash for over-serving Brent.

Irving police spokesman Officer John Argumaniz said investigators are working with agents from the Texas Alcoholic Beverage Commission, which enforces liquor laws.

"They'll look for any videos or any receipts or anything that they may be provided to try to trace where these people were prior to the incident," he said.

Police are also investigating why incorrect information about the crash location was initially provided to the media.

In the first few hours after the crash, police told NBC 5 and other media outlets that the crash occurred at 600 Cowboys Parkway.

The correct address on Highway 114 was provided long after Brent's 2007 Mercedes was removed from the scene and he was in jail.

Argumaniz said Irving police are reviewing telephone call recordings and talking with dispatchers about the location information.

The Dallas Morning News reported Monday that a witness claims to have been at the scene shortly after the crash and heard Brown calling for help and says that Brent did not respond.

Milner told the newspaper that the witness' claim is untrue.

According to an affidavit for determination of probable cause that Dallas police released Sunday, the responding officers saw Brent pulling Brown from the burning vehicle when they arrived at the crash scene. That information is also in the documents obtained Monday by NBC 5.

"Everybody that's there said that -- he pulled him out," said George Milner, Brent's attorney. "Once the vehicle caught fire, he pulled his friend out of the vehicle to help him. He kept trying to talk to him."

Media representatives were not at the crash to independently verify what happened.

Brent, who is charged with intoxication manslaughter, was released from the Irving Jail on a $500,000 bond Sunday.

When Brent left jail, Milner said his client was devastated by what happened to his best friend.

"It's a horrible thing," he said. "If you understand how close they are, it's like, he got in a car accident and his little brother got killed."

A memorial for Brown will be held at 1 p.m. Tuesday at Oak Cliff Bible Fellowship in Dallas.


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Almost 500,000 Tollway Users Billed for Old Tolls

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The NBC 5 Investigates team has discovered nearly 500,000 toll road users are now receiving bills for trips that took place months ago or, in some cases, even years ago.

NBC5 Investigates started looking into the issue and learned that under an old North Texas Tollway Authority policy, ZipCash bills were mailed to motorists only after a customer made five trips on area toll roads.

This fall, the NTTA lowered the threshold to three trips, which resulted in bills being sent out to all motorists who had logged three or four trips -- regardless of how long ago the trip had been taken.

Through an open records request, NBC 5 Investigates learned that the NTTA stands to collect $2,313,317.68 if the bills are paid. That amount could rise even higher because the NTTA still plans to charge late fees to customers who don't pay their old tolls on time.

A few weeks ago, Ernest Parrish contacted NBC 5 Investigates after he got a bill last month for driving on the Sam Rayburn Tollway nearly two years ago.

"What I don't understand is why it took so long. They're supposed to be billing these things right away," he said.

Cynthia McDonnough just got a bill for a toll road trip from eight months ago.

"[In] April and now in December I'm getting billed?" said McDonnough. "I put it on Facebook and I think I had five or six of my friends immediately respond, 'Yes, I got one from November.' 'I got one from December.'"

The toll road users NBC 5 Investigates spoke to said they don't dispute the NTTA's right to charge. But they said they find it ironic that the NTTA can send a bill months or years after the road was used and then threaten late fees if it's not paid quickly.

"These are still tolls that were incurred. I think people certainly expected to pay them or they wouldn't have been using the tollway," NTTA spokesman Michael Rey said.

Drivers also wonder what will happen if the NTTA can't find some drivers years later -- will the late fees pile up?

"If something had of happened to me, would my wife have ever remembered that we went through a toll area?" Parrish asked. "She may have wound up with real big charges and everything before it was settled."

"Any bill that's not paid would have a late fee attached to it after the time has elapsed," Rey said.

He described the decision to issue the bills now as "an attempt to be better stewards of toll payer money."

McDonnough plans to pay her bill on time, even though it took most of a year to get to her. She and nearly 500,000 other drivers are finding out that the road from the tollbooth to the day the bill shows up can stretch on and on and on.

"They should have billed me a long time ago if they were going to bill me," said McDonnough.


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Mom Says Stranger Tried to Abduct 3-Year-Old Son

Ellen Goldberg, NBC 5 News

Frisco police say a man driving a van pulled up next to a 3-year-old and opened a side door. The van took off when the driver saw the boy's mother.

Police Warn of Possible Abduction Attempt

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Frisco police are warning about a man in a minivan who stopped to talk to a young boy.

The child's mother, Leslie Youngblood, said the man pulled up next her 3-year-old son Thursday evening and opened the sliding side door. The driver took off when he saw her.

"I just couldn't swallow that something like this could happen in my neighborhood," she said. "I didn't sleep at all that night."

Youngblood, a preschool teacher and mother of four said the driver could not see her because she was bent down, plugging in Christmas lights. When she stood up, he recklessly sped away from her home in the 2900 block of Horseshoe Trail.

"The more I think about how they did it and how it literally was under 10 seconds," she said. "I now understand how children can just go missing and parents have no idea."

Frisco police said they can't say for certain if there was criminal intent, but investigators are asking people in the area to stay vigilant and report anything suspicious to police.

The driver of the dark-blue minivan was described as a white man in his early 40s with shoulder-length, sandy blond hair and a mustache. He was wearing a white T-shirt under a striped, short-sleeve, unbuttoned shirt.

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Wedding Venue Closures Leave Couples in Limbo

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Two Wedding Venues Leave Brides Scrambling

Capella Court Gardens in Carrollton and the Alexander Mansion in Garland have closed their doors indefinitely leaving brides without a venue for exchanging their vows.

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Several North Texas couples getting married this month are now without a wedding venue.

Cappella Court Gardens in Carrollton and the Alexander Mansion in Garland have closed their doors indefinitely.

Employees said the phones were disconnected, keys did not work and the venues had been completely emptied out when they went to work Monday.

Sharon Brown got a call Monday telling her that she could not have her wedding in two days at Cappella Court Gardens.

"It's not a good way to do business at all," she said. "It's people's lives and emotions and things that are involved, and you can only have one wedding day. This day is special regardless, if it has to be in our backyard house, in our backyard it's still going to be special because I'm marrying my best friend."

Brown had made her final $1,700 payment on her $8,000 on Nov. 20.

"I just feel like it's a bad dream, and I don't want to wake up," she said. "I don't know what to do."

Ashford Dixon and his fiancee, Brittany Wills, are supposed to get married Sunday.

Dixon said the couple has already paid more than $6,000 to the owner of the Cappella Court Gardens. When he tried to call to ask a question for the DJ, he never heard back.

On Monday, he drove to the venue to talk to the owner.

"Her building is completely empty. ... [The] stove is gone -- how are we going to cook the food? Where's the food going to come from? The refrigerator is gone. Tables are gone. The decorations are gone. Logistically, I don't think it would be possible for us to have a wedding there."

Wills said she can't believe their wedding might be jeopardized.

"I've really been taking it all in, because I have to rely on my faith, and just know that God will guide us and he'll take care of it," she said.

Employees said at least five weddings were booked at the two venues this month and several dozens more were scheduled for next year.

The closure comes days after buzz in the community that the business might be shutting down.

NBC 5 had talked with the owner last week, but she said she was not shutting down. The owner said she had been moving things out to get the floors refurbished at Cappella Court Gardens.

NBC 5 tried to reach the owner several times Monday, including going to her Garland home, but there was no response.

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Two Fires, One Apartment Complex, Hours Apart

Kendra Lyn, NBC 5 News

A total of 15 families were affected by a Dallas apartment fire that started Monday night and reignited overnight.

Crews Extinguish Fire, Reignites Overnight

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A Dallas apartment fire that initially started Monday night, reignited early Tuesday morning.

The fire first tore through Las Cascadas Apartments on the 9300-block of Skillman Street at about 7:30 p.m.

It forced residents out into the cold. Then, just a few hours later, firefighters had to go back to the complex to battle another fire in the same units. Crews say embers from the first fire sparked up again.

Crews are still investigating what caused the initial blaze that left 15 families without homes. It took firefighters more than 90 minutes to put out the four-alarm fire Monday night. 

Neighbors say the flames spread so fast. "The first floor it started, then the second floor, then the third, it was really bad," says neighbor Benito Mercado.

Around 12:40 a.m. Tuesday, firefighters were called back out to the complex and discovered smoke billowing from the three-story apartments.

All residents made it out of the apartments safely.

The Red Cross is helping those residents by providing clothing, food, and shelter from the bitter cold. 

"The Red Cross stepped up to help.  This is the time of year we need help.  Thank you, God, no one was hurt.  Pick up and go from there," says neighbor Jessie Lyles.

The Red Cross says the Las Cascadas fire is the fifth fire they assisted with in North Texas in just seven hours. 

The Red Cross urges people to be careful with holiday decorations, space heaters and chimney fires this time of year. The holiday season is the worst time of year for house fires.

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St. Joseph Demolition to be Completed Tuesday

Demolition of the St. Joseph complex in Fort Worth is expected to be completed Tuesday.

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A road closure near a demolition site in Fort Worth sparked concern over a swaying wall.

NBC 5 received word that the wall at the site of the vacant St. Joseph Hospital complex was swaying and that the demolition was halted.  When the area, including a nearby roadway was cordoned off, it appeared there was concern over where the wall may come down.

Officials with D.H. Griffin of Texas, the company doing the demolition work, said the lane closure along the 1400-block of S. Main Street was expected and submitted to the city and that it was done as a precaution only.

It is not clear if the wall was ever unintentionally unstable.

Crews are in the final stages of the demolition project and officials said they expect the job to be completed Tuesday.

St. Joseph's was founded by nuns in 1885 as the county's first hospital.  The complex eventually spanned 10 buildings and was bought by John Peter Smith Hospital in 2008 for $5.1 million.  The facility has been vacant since 2004.

More than 20,000 bricks were salvaged from the demolition that will be used to build a memorial to commemorate St. Joseph's.

JPS plans to convert the land into a 6-acre green space with a quarter-mile walking track.

NBC 5's Chris Van Horne and Scott Gordon contributed to this report.

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Salvation Army Waiting on Gifts for Nearly 3,000 Angels

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The Salvation Army is waiting on gifts for nearly 3,000 adopted angels.

The final day to adopt an angel from the Salvation Army Angel Tree was Sunday and all gifts were to be turned in by Monday.

Tuesday, the Salvation Army said they are missing gifts for 2,859 adopted angels.  Those gifts can now be dropped off only at the Salvation Army Christmas Centers in Fort Worth and Dallas.  The locations of those centers are below.

The Salvation Army Christmas Center
9216 Harry Hines Blvd.
Dallas, Texas 75235

The Salvation Army Christmas Center
229 E. Felix Street
Fort Worth, Texas 756115

The Salvation Army Angel Tree program provides gifts for needy children and senior citizens during the holidays. NBC 5 is a proud sponsor of the Salvation Army Angel Tree.

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Brent to Sit With Brown's Family at Memorial Service

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The Dallas Cowboys will be attending a private memorial service for practice squad linebacker Jerry Brown on Tuesday, and according to Jerry Jones, the family of Brown requested that Josh Brent -- the man who was jailed on intoxication manslaughter charges as a result of the single car wreck that took Brown's life -- to be there with them.

Of course, Brown and Brent were close friends, dating from their time at the University of Illinois.

"Josh will meet them at the airport," Jones told 105.3-FM. "She wanted Josh Brent to ride with them to the memorial service and sit with them during the service. They were best friends and teammates in college. Jerry was living with Josh…because of Josh's generosity. They were on the way to the house when the accident happened.  She wanted to be right with Josh. She wanted to express in every way she could how much they loved him and thought of him. She wanted him included with the family."

Brent was released from jail after posting bail over the weekend, and returned to Valley Ranch, to receive treatment and meet with head coach Jason Garrett on Monday.

Stay on top of the latest Dallas Cowboys news with NBCDFW.com. Follow NBC DFW on Facebook or have breaking Cowboys news sent directly to your phone with Blue Star SMS alerts. Text "bluestar" to 622339 (NBCDFW) to subscribe, text HELP for more info, and text STOP to end the subscription. Message and data rates may apply.Read more about it here.

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Accusations of Bullying in 13-Year-Old's Death

Written By Unknown on Rabu, 05 Desember 2012 | 00.34

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More than 100 angry parents and students demonstrated outside Furlough Middle School in Terrell on Monday over a death they blame on bullying.

Zusette Moreno died in the hospital Friday on her 13th birthday after telling relatives she was assaulted in a school restroom Tuesday.

"One of the girls backed up on her neck and pushed her back up into the wall, basically. And another girl kicked her in the stomach with her foot," said the girl's aunt, Lupita Primero.

Primero said the girl attended the school for about a month after moving to Terrell with her mother to be closer to other family members there.

The aunt said another bullying incident happened to Moreno with the same girls before Thanksgiving, but that Zusette did not want her mother to report it to the school.

"She said 'No, I can't handle that, Mom.' She said, 'I can't mention that,'" Primero said.

Some parents at the protest said their daughter were also bullied but that the school did not take action when they complained.

"My daughter was one," Carla McLenee said. "She's been bullied by these people, and I'm here to stand behind the parents that lost their little girl Friday morning."

"It needs to stop," Hope Beech said. "A parent shouldn't have to worry if their kids are going to be safe or not at school."

Terrell Independent School District police investigated the girl's death, and Superintendent Kelly Rodgers said preliminary autopsy results from the Dallas County Medical Examiner indicate that there was no assault on Moreno.

"Our police officers looked into every rumor allegation, and there's nothing indicating that anything traumatic happened to the student physically at the school," he said.

Rodgers said grief counselors have been at the school since Friday and will remain there as students and staff cope with the death.

"She was a very, very likable student -- well-liked by the staff and students here -- and that's the way we want to remember her," Rodgers said.

The superintendent said a separate investigation is under way about the accusations of past bullying against Moreno.

"I think our officers receive that complaint from the parent Saturday, and they're investigating bullying," Rodgers said.

The demonstrators are demanding answers and changes from the school.

"They need more guards at the bathrooms," McLenee said. "They need more teachers to hire. Funding doesn't allow it, so we lose our children because of it. It's not fair."

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Flu Season Off to Strong, Early Start

Omar Villafranca, NBC 5 News

Most counties in North Texas are seeing an increase in the number of flu cases.

Flu Season Is Already Here

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Doctors Seeing Early Start to Flu

Doctors are seeing an early start to the flu season, with some patients presenting symptoms even after they've had a flu shot.

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North Texas counties are showing a spike in cases that doesn't typically occur until after Christmas.

Tarrant County said it's already seeing widespread influenza activity, and Dallas County has had a dramatic spike in cases in the last 30 days.

In November, 217 confirmed flu cases were reported, up from just 24 cases in October.

Many patients with flu-like symptoms are showing up at hospital emergency rooms.

"We've probably been seeing somewhere between five, maybe five to 10 a day," said Dr. Mark Till of Texas Health Presbyterian Dallas.

Dr. Jane Sadler, of Baylor Medical Center of Garland, said she wonders if the flu vaccine covers all of the strains that are circulating. She has seen three patients in recent days who tested positive for influenza Type A even though they had a flu shot.

"I actually thought I had pneumonia, because everything was kind of in my chest and it hurt when I coughed," said Amy Bartis, one of the patients.

"I guess I was relieved that I didn't have pneumonia, but I was still shocked that I had the flu since I had a flu shot," she said.

Sadler said she was also surprised.

"Really, the flu shot this year offers great coverage for the flu," she said. "But she's not the only person that we've had with a positively test despite receiving a flu shot."

Doctors said people who have not had a flu shot need to get one immediately.

People who have a fever higher than 101.5 degrees, severe body aches and a sore throat or cough should have their symptoms quickly evaluated because antivirals such as Tamiflu work best if administered early.

NBC 5's Omar Villafranca contributed to this report.

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One Month Later, No Arrests in Greenville Teen's Slaying

Scott Gordon, NBC 5 News

No arrests have been made in the killing of a Greenville teenager whose body was found in a trunk along the side of a road one month ago.

Still No Arrests in Slaying of...

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A month after Alicia Moore disappeared on her way home from school and her body was found inside a trunk, her family is still waiting for news of an arrest.

"It's still the same -- no answers," said Moore's aunt, Jessica Byrd. "It's just getting frustrating."

The 16-year-old disappeared after getting off the bus just a block from her home.

Highway workers discovered her body several days later in a trunk along the side of the road about 40 miles away.

An employee of the Texas Department of Transportation called 911.

"I'm on (Highway) 47 north of Wills Point. And we found a body," the man said.

"You found a body?" the 911 operator asked.

"Yes, ma'am," he answered.

Investigators released video of a van that caught on camera behind the Moore's bus.

They also have questioned a man who was charged with sexually assaulting the girl earlier this year.

NBC 5 generally does not identify victims of alleged sexual assault, but Moore's identity was made public before NBC 5 learned of the allegations.

So far, nobody has been arrested in the slaying.

"I just don't want the case to go cold," Byrd said. "I just don't want anybody to put it on the back end. No, I want it up front."

Byrd is appealing for anyone with information to talk to police.

"Just come forward," she said. "I don't care how small it is, just call it in."

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Third Donkey Killed by Bow and Arrow

Ellen Goldberg, NBC 5 News

Fort Worth police and the Tarrant County game warden are investigating the deaths of two donkeys killed with arrows.

Archer Shoots, Kills Two Donkeys

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Police in Fort Worth are investigating a disturbing case of animal cruelty.

Using a bow and arrow, someone shot and killed a donkey on private land between Old Decatur Road and state Highway 287 in north Fort Worth. 

This is the third such killing endured by the family in the last 13 months.

"'Are you kidding me?' That's exactly what went through my head," said Karen Oney, owner of the donkey.

Her family has about 15 donkeys on its land near Saginaw. A Fort Worth police officer driving by spotted one of the donkeys with two arrows in her mid-section.

"This morning at seven, she was alive and standing up," Oney said. "At 8:30, she was lying down and, by 10, she was gone," Oney said.

In Oct., 2011, someone killed two of Oney's other donkeys -- also with a bow and arrow.

Police never made any arrests in the first two cases. Now there is even more pressure to find the person seemingly using the animals for target practice.

"What pleasure do you get? We see how friendly they are -- they come right up to you -- so what kind of sport is that? I don't get it at all," Oney said.

Fort Worth police seized the arrows as evidence in the case.

Oney said she believes investigators have some leads in the case that they are not sharing.


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Sheriff's Deputy Killed in Crash

Dallas County Sheriff's Department

Sgt. Kenneth Riggins.

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The Texas Department of Public Safety is investigating a fatal crash that involved an off-duty Dallas County Sheriff's Deputy Monday night.

Sgt. Kenneth Donnell Riggins, 52, was traveling west on County Road 2538, in a Ford pickup driven by a 15-year-old relative at about 8:30 p.m.

The teen lost control of the wheel and crashed into a tree, according to Lonnie Haschel with the Texas Department of Public Safety.

Riggins was taken to Hunt County Regional Medical Center, where he was pronounced dead. The teen driver suffered only minor injuries.

"Our hearts and prayers go out to the family of Sgt. Riggins," Dallas County Sheriff Lupe Valdez said. "It is a sad day for us at the Dallas Sheriff's Department. He will be missed dearly."

Riggins most recently served in the Dallas Sheriff's Department's strategic planning section and had been with the department for 20 years. He began his career as a detention service officer on February 17, 1992. He became a deputy in 1997 and served the department in various capacities.

Funeral arrangements have not yet been released.

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Trees Stop Car from Plunging into Creek, Driver Dies

Kendra Lyn, NBC 5 News

Dallas police are investigating a deadly crash that caused a car to go airborne, stopping just short of Turtle Creek in Uptown Dallas Tuesday morning.

Trees Stop Car from Falling into...

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Dallas police are investigating a deadly crash that caused a car to go airborne, stopping just short of Turtle Creek Tuesday morning.

The wreck happened in Uptown Dallas at about 1 a.m.  According to police, the driver of the car, 31-year-old Galen Weston Swank, was killed after he lost control of his car near Turtle Creek Boulevard and Blackburn Street, ran off of the road and hit several trees. 

Police believe speed contributed to the crash. 

Witnesses tell police Swank spun his tires at a stop light, peeled out and was going too fast around a curve when he lost control and plowed through a fence. Swank's Mercedes hit one tree, bounced off of that one and hit three others before coming to a stop short of the water's edge. 

Rescue crews found Swank dead inside of the car.

Witnesses said right before the wreck, Swank peeled out from Blackburn Street heading north on Turtle Creek Boulevard. 

Records show he was just seven blocks from home. Friends of Swank's, who have been stopping by the crash site Tuesday morning, said he worked in investments, was married and had a 3-month old child.

The investigation into the crash is ongoing.

NBC 5's Kendra Lyn contributed to this report.

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Woman Says Breast Implants Saved Her From Flying Bullets

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A Canadian woman credits her implants with saving her life.

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A Canadian woman said her breast implants saved her life when her ex-boyfriend shot her, according to the Toronto Sun.

"My implants took the brunt of the force," Likness said in court on Wednesday.

When Fernando Chora, 61, allegedly fired his 9mm handgun at her, the bullet grazed her right arm, pierced both implants and left forearm, Likness testified at Chora's trial.

Likness said she had been driving Chora around before she got tired and dropped him off. He walked a short distance and she heard what sounded like two gunshots, Likness reportedly told prosecutors. 

She abandoned her vehicle after she was shot and found refuge at a nearby restaurant, Likness said. She was airlifted to Foothills Hospital where she had her injuries treated.

"They were gone," she said of her implants, according to the Sun.

Chora is facing attempted murder, aggravated assault and weapons charges for the Jan. 2, 2006 incident. He also allegedly broke into an elderly couple's home after Likness' shooting and held them at gunpoint.

There have been past cases where breast implants might have saved lives, according to the U.K. Daily Mail. Earlier this year, a Florida woman survived a stabbing when her breast implants shielded her vital organs from harm.

Likness received another breast enhancement surgery after she recovered from her injuries.

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Free Trees Donated to Possum Kingdom Residents

Randy Giles

Fire at Possum Kingdom Lake

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Residents who live in the wildfire-ravaged area of Possum Kingdom Lake can receive free trees later this month thanks to a donation from Texas Garden Clubs.

In April 2011, 126,000-acres surrounding the lake were consumed by a wildfire that caused an estimated $100 million in damages and destroyed 168 homes. On Dec. 15, the Texas A&M Forest Service and Texas Garden Clubs will partner to re-green the area by distributing 100 free trees to residets of The Cliffs and Sportsman's World communities

"These communities were devastated by the 2011 wildfires," said Forester Courtney Blevins. "We want to give them some hope and help them re-green the area surrounding their homes."

Blevins said the species of trees to be given away, live oak, lacey oak and cedar elm, were chosen because they are hardy and not highly flammable. Additionally, the groups will hand out information about fire-resistant landscaping when residents pick up their trees.

The trees were purchased with funds donated by Texas Garden Clubs and will be distributed by officials with Texas A&M Forest Service. Volunteers from the Cross Timbers Urban Forestry Council and reTREEt America will be on hand to assist residents who need help planting their trees.'

Blevins added that residents should strategically consider where to plant the trees, considering the proximity to the home and distance from other trees with respect to reducing the spread of future wildfires.

Trees will be given away on a first-come, first-served basis beginning at 11 a.m. at The Cliffs in Graford and at noon at Sportsman's World in Strawn.  Residents are not required to show proof of residency or pre-register.

In Bastrop, near Austin in South Central Texas, volunteers gathered last weekend to begin planting 550,000 seedlings after a historic wildfire consumed nearly 95 percent of the state park's trees -- including most of the 6,600-acre park's signature "Lost Pines."  Planting at Bastrop State Park is expected to take several months.

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Officer on Leave After "Embarrassing" Arrest Video

Written By Unknown on Rabu, 28 November 2012 | 00.34

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Mother Wants Hurst Police Officer's Badge

The mother of 17-year-old seen in a YouTube video being kneed in the back and cursed at by a Hurst police officer says she wants the officer fired and charged with aggravated asault.

Officer on Leave After "Embarrassing" Arrest Video

A Hurst police officer has been placed on administrative leave after an "embarrassing" arrest video was published to YouTube.

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A Hurst police officer has been placed on administrative leave after an "embarrassing" arrest video was published on YouTube.

Officer Disraeli Arnold, a four-year veteran of the department, was caught on camera Wednesday kneeing a teenager in the back of the head while cussing and threatening him.

Kelly Pope said her family doesn't question the arrest of her son, 17-year-old Andrew Rodriguez, but plans to talk to the police department about how her son was arrested. She also said she wants Arnold to turn in his badge.

"I would like that guy off the force, is what I'd like," she said.

After an hourlong meeting with the Hurst Police Department on Monday, Pope and a group of civil rights activists suggested that Arnold be charged with aggravated assault and attend anger management classes.

"We've never seen this kind of aggressive behavior by a police officer against a member of our community," said Carlos Quintanilla, of Action America.

Pope said she knows her son initially was wrong but said that Arnold's actions were excessive.

"He [her son] knows that he handled it badly at first, that he should have been a little more cooperative," she said. "But, you know, the second officer -- there was no reason for it."

A friend of Rodriguez uploaded video of the arrest to YouTube.

"He (Arnold) comes up at a jolting sprint, kneed him in the back of the head and, as you can see on the video, he says, 'If you move I'm going to [expletive] kill you,'" Pope said.

The teen and the officer verbally sparred back and forth while he was taken into custody.

Afterward, Arnold paraded in front of the friend recording the arrest and said, "You got it on tape? Arnold, 654!"

Hurst Police Assistant Chief Steve Niekamp said Monday that Arnold responded to a request for backup from Officer Jimenez.

Niekamp said Rodriguez kept trying to walk away while Jimenez questioned him and eventually shoved the officer. Jimenez then took Rodriguez to the ground, he said.

He said the video appears to show that Jimenez was struggling to get the situation under control.

"There probably was a heightened sense of an officer in trouble," Niekamp said. "Rodriguez should have complied. He had plenty of opportunity before that to listen to the officer's commands."

The department on Monday morning placed Arnold on administrative leave pending an ongoing internal affairs investigation. The department said the officer's actions, including kneeing the teen, swearing and parading in front of the camera are all major concerns.

"This is not behavior that the city of Hurst or the Hurst Police Department promotes or condones," the department said.

"You can't help but be embarrassed -- not only for the officers that work in our department, but for anybody in the law enforcement profession," Niekamp said. "You just expect when an officer shows up, they're going to be in charge. You don't want the foul language, anything that looks like it might be overreaction. You just want to be professional, calm and in control of the scene."

According to a performance assessment and disciplinary file released by Hurst police Monday, Arnold has met or exceeded police standards in nearly every assessment in four years. The department considers qualities such as professionalism, respect and teamwork.

However, on an otherwise good performance assessment, the document noted that in May 2010, "Officer Arnold's enthusiasm may make him overzealous at times, which can cloud his judgment when it comes to policy, procedure and tactics. Sometimes he needs to step back and see the big picture and risks involved."

Hurst police have also confirmed that they are investigating a second complaint against Arnold that was filed by a driver this summer.

Pope said that she is satisfied with the way the police department has handled the situation up to this point. An internal investigation will move forward once Pope files an official complaint, which she said she expects to do Tuesday.

NBC 5's Kendra Lyn, Mark Schnyder, Mola Lenghi and Scott Gordon contributed to this report.

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Man Gets Refund After Van Wrongly Towed

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A Euless resident got a full refund and a call to make amends from the police chief after his van was wrongly towed from the side of a city road.

John Ingram told the NBC 5 Investigates Consumer Unit that his wife's minivan was towed after she ran out of gas on Fuller-Wiser Road while she was taking two of their children to school.

She called him, and he picked up the children while she walked a few blocks to their home with their toddler in tow. He took the children to school and then went for gas.

In the time he was gone, police ordered the city-contracted wrecker service to pick the abandoned vehicle.

"Our officer, he filled out his paperwork," Euless Police Chief Michael Brown said. "The wrecker arrived. He hands off his paperwork to the wrecker driver, and then he drives away."

Ingram returned to the van with the gas, but the tow truck driver had already hooked up the vehicle.

"I told the wrecker driver that I've got gas, [and] I'd like to get it off the road myself," Ingram said, adding that the wrecker driver told him he couldn't release the vehicle because police ordered the tow.

Ingram's van was towed to the Euless B&B Wrecker lot on Euless Boulevard, right across from the police station.

He had to pay $200 to get the vehicle back.

"I was just stressed out, really, because, you know, we live on one income right now," he said. "We have a tight budget."

But under a city ordinance passed in March, the tow truck operator should have offered Ingram a drop fee.

The ordinance, which was the police chief's brainchild, requires towing companies to offer vehicle owners a drop fee of no more than $100 if they arrive before the car is towed away.

"You can come up and, about the time they're towing it off, you can say, 'Let me pay the drop fee. If you'll drop my car, I'll pay you for hooking up,' or a drop fee," Brown said. "Then you get your car back on the spot."

Brown said the ordinance was designed to free up police resources and help residents avoid paying large fees.

But word of the ordinance did not trickle down to all of the officers.

"I will just say that part of that's my fault," Brown said. "You get good at what you emphasize, and we needed to emphasize to our officers the ins and outs of that ordinance just a little bit better."

The owner of B&B Wrecker said he didn't know about the ordinance. He told NBC 5 Investigates that he did not believe his driver did anything wrong because he cannot independently stop a police-ordered tow. The officer should have stayed at the scene and given permission to release the van, he said.

But the head of the Southwest Tower Operators Association said it's the tower's responsibility to know the ordinances of each city.

"It definitely is," said Tommy Anderson, the association's executive director. "Hopefully, he's communicating with the city and he understands that."

The Texas Department of Licensing and Regulation regulates towers, and a tow operator who fails to follow the rules can face fines.

"They can range from hundreds to thousands of dollars; just depends on what TDLR finds," Anderson said.

Contact information for TDLR that directs people to the state agency if they want to file a complaint should be on every tower's receipt. By law, TDLR could investigate Ingram's case and possibly impose a fine, an agency spokeswoman told NBC 5 Investigates.

Ingram said the information was on his receipt and admitted that the situation had frustrated him.

"I guess I was a little, you know, anxious and maybe, you know, a little rude to them," he said. "But I wasn't there to try to cause trouble. I just wanted to get somebody to cut me a break."

Brown said he understood Ingram's perspective.

"At that point, if I was him, I'd be very frustrated, too," he said. I'd be frustrated with the wrecker service, and I'd be frustrated with the police department."

But the situation could have been avoided if Ingram had called police from the get-go, Brown added.

"If he would've just called and told us that, 'Hey, my car is out of gas. I've gone to get gas, and I'll be back as quickly as I can.' Well, we would have stayed there, held traffic off the car until he could have got there. We would have never called the wrecker, and he could have been on his way with no hassles."

In the end, Ingram said he was impressed that Brown had called him and was relieved to get his $200 back.

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Fire Breaks Out at Garland Apartment Complex

Kevin Cokely, NBC 5 News

A fire broke out at an apartment building at a complex in Garland. Eighteen families were moved to other apartments on the property after the power was cut to the building.

Firefighters Battle Garland Apartment Fire

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Firefighters battled an apartment fire in Garland on Monday night.

The fire broke out at the Landmark at Lake Village North apartments in the 3500 block of Bobtown Road shortly after 8 p.m.

The blaze, which may have started in a kitchen, quickly spread to the attic.

About 50 firefighters were brought in to fight the fire, which was contained to a single building with 18 apartments.

No one was hurt.

Power was cut to the entire building, and property managers are moving the 18 affected families to other apartments on the property.

Firefighters believe the fire started in a kitchen.

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