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Friday, September 30, 2011

Hispanic students vanish from Alabama schools

BIRMINGHAM, Al. 
Hispanic students have started vanishing from Alabama public schools in the wake of a court ruling that upheld the state's tough new law cracking down on illegal immigration.
Education officials say scores of immigrant families have withdrawn their children from classes or kept them home this week, afraid that sending the kids to school would draw attention from authorities.
There are no precise statewide numbers. But several districts with large immigrant enrollments — from small towns to large urban districts — reported a sudden exodus of children of Hispanic parents, some of whom told officials they planned to leave the state to avoid trouble with the law, which requires schools to check students' immigration status.
The anxiety has become so intense that the superintendent in one of the state's largest cities, Huntsville, went on a Spanish-language television show Thursday to try to calm widespread worries.
"In the case of this law, our students do not have anything to fear," Casey Wardynski said in halting Spanish. He urged families to send students to class and explained that the state is only trying to compile statistics.
Police, he insisted, were not getting involved in schools.
Victor Palafox graduated from a high school in suburban Birmingham last year and has lived in the United States without documentation since age 6, when his parents brought him and his brother here from Mexico.
"Younger students are watching their lives taken from their hands," said Palafox, whose family is staying put.
In Montgomery County, more than 200 Hispanic students were absent the morning after the judge's Wednesday ruling. A handful withdrew.
In tiny Albertville, 35 students withdrew in one day. And about 20 students in Shelby County, in suburban Birmingham, either withdrew or told teachers they were leaving.
Local and state officials are pleading with immigrant families to keep their children enrolled. The law does not ban anyone from school, they say, and neither students nor parents will be arrested for trying to get an education.
But many Spanish-speaking families aren't waiting around to see what happens.
A school worker in Albertville — a community with a large poultry industry that employs many Hispanic workers — said Friday that many families might leave town over the weekend for other states. About 22 percent of the community's 4,200 students are Hispanic.
"I met a Hispanic mother in the hallway at our community learning center this morning, where enrollment and withdrawal happens. She looked at me with tears in her eyes. I asked, 'Are you leaving?' She said 'Yes,' and hugged me, crying," said the worker, who spoke on condition of anonymity because she was not an authorized spokeswoman.
In Russellville, which has one of the largest immigrant populations in the state because of its poultry plants, overall school attendance was down more than 2 percent after the ruling, and the rate was higher among Hispanic students.
There's "no firm data yet, but several students have related to their teachers that they may be moving soon," said George Harper, who works in the central office.
Schools in Baldwin County, a heavily agricultural and tourist area near the Gulf Coast, and in Decatur in the Tennessee Valley also reported sudden decreases in Hispanic attendance.
The law does not require proof of citizenship to enroll, and it does not apply to any students who were enrolled before Sept. 1. While most students are not affected, school systems are supposed to begin checking the status of first-time enrollees now.
The Obama administration filed court documents Friday announcing its plans to appeal the ruling that upheld the law.
The state has distributed to schools sample letters that can be sent to parents of new students informing them of the law's requirements for either citizenship documents or sworn statements by parents.
In an attempt to ease suspicions that the law may lead to arrests, the letter tells parents immigration information will be used only to gather statistics.
"Rest assured," the letter states, "that it will not be a problem if you are unable or unwilling to provide either of the documents."

Henderson Murder Trial: State rests after two days

Testimony resumed Friday in the capital murder trial of a Georgia man accused of killing a Lee County sheriff's deputy during a 2009 traffic stop.
Gregory Lance Henderson, 39, of Columbus, Ga., is charged with capital murder for allegedly running over Lee County sheriff’s deputy James Anderson during a traffic stop in Smiths Station on Sept. 24, 2009.
Bonham
The state, led by Lee County District Attorney Robbie Treese, alleges Henderson deliberately ran over the deputy as he attempted to flee from the traffic stop, while the defense, led by attorney Jeremy Armstrong, says the deputy’s death was an accident and their client did not intend to kill Anderson.

UPDATE: 10:25 a.m.
During the second day of testimony, Lee County sheriff’s investigator Dan Scivicque, then a deputy, said he was working in Smiths Station on Sept. 24, 2009 when he heard Bonham’s radio call that Anderson was stuck under a vehicle.
Bonham testified Thursday she and Anderson had pulled Henderson over because the tag on his white 1991 Honda Civic was registered to another vehicle. Anderson exited the patrol car with his gun drawn as Henderson tried to drive away from the traffic stop. Henderson ran over the deputy as he attempted to flee, she said.
Scivicque said he sped to the scene, arriving to find volunteer firefighter Clint Knox and Bonham trying free Anderson.
After seeing Anderson under the vehicle, Scivicque said he retrieved a car jack from his patrol car to lift the white Honda resting on top of the deputy.
“I was able to life the car several inches, but it wasn’t enough space to pull him out,” he said. “ … I didn’t see any movement from him.”
The deputies and the firefighter continued to try to free Anderson.
“We were pulling so hard, Clint actually pulled part of his duty belt off,” Scivicque said.
Scivicque said he helped layout a landing zone for the Life Saver helicopter. Bonham, he said, took his patrol car to try to flag down a passing wrecker.
Scivicque said he learned from the pilot Anderson could not be transported by helicopter because paramedics could not perform chest compressions during flight. Consequently, the investigator said Anderson was transported by ambulance.
Friendship Volunteer Fire Department first responder Ronald Menz said Anderson didn’t have any vital signs during the attempts to save him after he was pulled from under the car with the assistance of a wrecker, which lifted the Honda enough to pull him free.
Anderson was taken to the Columbus Regional Medical Center in Columbus, Ga., where he was pronounced dead.

UPDATE 11:36 a.m. A forensic pathologist who worked at the Alabama Department of Forensic Sciences in 2009 and examined Anderson’s body testified the deputy died of traumatic asphyxia from being trapped under the car driven by Henderson. Traumatic asphyxia happens when a person’s chest is squeezed by a great weight or force and the individual is unable to breath, Dr. John Daniels said.
“He could not breath, he could not bring in oxygen; because of that, he died,” Daniels said.

Under cross examination by Armstrong, Daniels said Anderson did not die from blunt-force trauma. Daniels also dismissed vomit as a contributor to the asphyxia. Anderson reportedly vomited while he was trapped under the Honda.

Anderson suffered multiple fractures, hemorrhages, internal bleeding, abrasions on his legs and abdomen and burns, Daniels said.

“It is an exhaustive list,” said Daniels as he looked over his autopsy on Anderson.

UPDATE 2:45 p.m.
Jeff Nelson, a crash scene investigator with the Alabama Bureau of Investigation, was the first witness called by the state after the lunch recess. Nelson said he arrived on the scene at about 2 p.m. on the afternoon of Anderson’s death.
Nelson testified about acceleration marks from Henderson’s vehicle and drag marks left by Anderson’s body in the yard where the deputies pulled over Henderson.
Nelson also documented debris from Henderson’s car and Anderson’s gun belt.
The court took a short recess during Nelson’s testimony when Anderson’s widow stepped out of the courtroom as the investigator began to describe drag marks, approximately 3 feet long, in the lawn left by Anderson’s body.
Nelson also documented a hole dug by one of the tires on Henderson’s car as it tried to accelerate.
Nelson testified he examined the Honda after the incident and found the brakes and accelerator functioned normally. Nelson testified there appeared to be spots of burned plastic and impressions of fabric on the car’s muffler in addition to scrapes.
Nelson displayed Anderson’s gun belt and the tattered and stained remains of his uniform, cut away by paramedics working to save his life.
Under cross examination by Armstrong, Nelson said there were no markings indicating a point of impact on the vehicle.
“The only marks I found were on the undercarriage which appeared to go from the front to the rear,” Nelson said.
Nelson said it appears the front of the car was the area of impact.
Nelson said he used marks on road way, the position of the vehicle and the position of the body to determined Anderson was run over by the car moving forward. Whether Henderson struck Anderson in reverse or driving forward has been a frequent topic of cross examination by Armstrong. The officers investigating the case and Bonham, then Anderson’s partner, say the deputy was run over by Henderson as he drove forward; however, a preliminary scene report for the state forensics lab says Anderson was struck while the car was reversing.

UPDATE 3:30 P.M.
The state rested at 3:18 p.m. after two days of testimony by deputies, investigators with the Alabama Bureau of Investigation and a forensic pathologist. Armstrong made a motion for acquittal, arguing the state had failed to show it was Henderson’s intent to kill the deputy with the car and that testimony from the a former state forensic pathologist showed Anderson death, the result of traumatic asphyxia, not blunt force trauma, was an indirect result of being struck by the car.
“It was collateral consequence of being struck,” Armstrong said.
Lee County Circuit Court Judge Jacob A. Walker III denied the motion, and scheduled the trial to resume Monday morning at 9 a.m.
Johnny Wade Cook, who lives at the residence on Lee Road 240 where deputies tried to stop Henderson, was the last witness of the day.
Cook said he was preparing for work when Henderson’s white Honda Civic and  the deputies’ patrol car pulled into his yard.
Henderson’s car stopped briefly in front of the home’s living room before reversing to change directions, Cook said.
Cook said Anderson exited the patrol vehicle and moved parallel to Henderson’s path. Cook said he did not see the car strike Anderson, but saw the Honda soon after through his dining room window.
“The white car was stuck,” he said.  “The tires were spinning like he was trying to get unstuck. They spun one direction, then he obviously put it in the other direction, but all they did was dig into the ground.”
At that point, investigator Katie Bonham was ordering Henderson to stop the car, he said.
“She was telling the car to stop, but it didn’t stop, so she fired a shot, and it still didn’t stop so she fire again,” Cook said.
Bonham testified Thursday she shot into the car twice, striking the frame near Henderson’s head and the front side panel of the car above the wheel well.
Cook said Henderson gave up after the second shot, and Bonham subdued him.
“I remember thinking why has it not stopped after she had fired,” he said.
Cook said her heard fragments of the conversation between Bonham and Henderson, including a statement by the defendant they needed to help Anderson.
“I didn’t hear anything crystal clear,” he said.
Cook testified he asked if he needed to call 911. Bonham said help was on the way, but she needed help for her partner, Cook said.
 “When I looked toward the white car, I could see the officer’s hand and foot sticking out from under the car,” Cook said.
Cook said he ran to the Honda.
“Something was running out of his mouth. The engine was still running …” Cook said.
Cook said he ran around the car to shut off the engine.
Cook said he retrieved a jack from his truck, but was unable to get it under the low ground clearance of the Honda.
By the time he returned with a second jack from his son’s house nearby, Cook said first responders and more deputies had arrived.
“I knew they were better equipped to help him than me so I stayed out of the way,” he said.

Iberia Bank on Whitesburg Drive in Huntsville robbed late this morning

HUNTSVILLE, Alabama
The Iberia Bank at 2123 Whitesburg Drive was robbed late this morning, police said.
Police sent a notice out at 11:05 a.m. that the bank had been robbed and investigators had been notified.
Three patrol cars are on the scene at the bank, which is between Longwood Avenue and Franklin Street in the medical district, and an officer on the scene said a K-9 unit is tracking a male suspect who fled on foot.
A patrol car was seen cruising through the residential neighborhood near the bank.
Updated at 11:35 p.m. to reflect suspect being tracked by K-9. 

Man surrenders in early-morning fatal stabbing of his brother (Up-Dated)

BIRMINGHAM, Al.

Thomas Winborn
Up-Date
Police say Thomas Winborn, 25, killed his 23-year-old brother named Tommy Winborn during a domestic altercation.
Thomas Winborn has been charged with his brother's murder and is in custody of the Jefferson County jail. His bond is set at $60,000.
Original Story :
A man is in custody and undergoing questioning in the early-morning slaying of his brother in the Kingston community.
The suspect turned himself in to Birmingham police headquarters today, said homicide Sgt. Scott Thurmond. He will be held in the city jail pending formal arrest warrants.
South Precinct officers were called to 4418 Ninth Ave. North at 1:15 a.m. on a report of a stabbing. They found Tommie Winborn, 23, on the front porch of the apartment he shared with his mother. He had been stabbed.
Winborn was taken to UAB Hospital where he was pronounced dead.
Police spokesman Sgt. Johnny Williams Jr. said the victim had had a fight with his brother shortly before he was stabbed.
Kingston resident Danielle Embry, 30, said he is a close friend of both the victim and the suspect. "They are like brothers to me," Embry said today.
Embry said the fight between the brothers started when the suspect was disrespectful to his mother, which made Winborn angry. That's when Winborn was stabbed in the neck with a knife, Embry said.
"I don't how it got to the point it did," Embry said. "It's kinda shocked me, and tore me up."

Alabama's 2011 budgets end balanced

MONTGOMERY, Ala.
Top officials in Gov. Robert Bentley's administration say the state's two budgets are ending the fiscal year without any more across-the-board cuts.
State Finance Director Marquita Davis and Chief of Staff David Perry said that was achieved by getting $25 million from Alabama's abandoned property program to pay for unexpected costs from the April tornadoes.
The state is ending its fiscal year Friday. The governor had to cut the General Fund budget 15 percent and the education budget 3 percent in February due to less-than-expected tax collections. Davis said she was pleased to get through the fiscal year without more cuts.
Davis said it's too early to tell whether cuts will be needed in the budgets for the new fiscal year starting Saturday.

Dothan woman creating a roadway hazard by riding a bicycle on the road with no lights or reflective gear arrested

Felicia Franklin, black female, 32 years of age, of Doris Lane was arrested and charged with Unlawful Possession of a Controlled substance with bond being established later today.
Felicia Franklin
Early this morning a Dothan Police Officer made contact with a woman creating a roadway hazard by riding a bicycle on the road with no lights or reflective gear. As the officer approached the woman, he observed her throw a cup from her hand and drop the bicycle. The officer did not recover the cup but believed it may have contained alcohol as the suspect was highly intoxicated. After dropping the bicycle, the suspect then walked toward the patrol vehicle and threw something away from the car. The officer detained the suspect and recovered the object, a clear plastic bag containing cocaine. Narcotics Investigators responded to seize the evidence and arrested Felicia Franklin on narcotics charges.

Dothan pair were arrested and charged with First Degree Robbery


Dothan, Al.

Rashad Griffin and Rodney Griffin, black males, both 19 years of age, of Valley Forge Road were arrested and charged with First Degree Robbery with bond being established later today.
Rodney Griffin
Rashad Griffin
On September 29, 2011 the Dothan Police Department responded to a robbery of a person in the 800 block of Meridian Street just after 9:00 p.m. Investigators were called to the scene where they learned two suspects approached and assaulted the victim intending to rob him. Investigators say the victim was transported to a local hospital where he received treatment for moderate injuries received during the robbery. Within a short period of time, night shift patrolmen located and arrested both suspects. The case will now be closed following the arrests.