Archive for the ‘Crime’ Category

Early Bastrop County environmental activist dead 26 years, murder still remains unsolved

Wednesday, February 3rd, 2010

Bastrop, Tx–This week marks the 26th anniversary of the unsolved murder of Bastrop County environmental activist Vicky Wharton, 31. Her body, with two dozen or so stab wounds, was found beside a rural road off FM 1704 south of Elgin on Feb. 6, 1984. Investigators at the time believed she died sometime the previous night.

Despite a flurry of publicity and investigation over the following weeks, no one has ever been charged, arrested or tried for the crime. Wharton was a leading organizer in efforts to stymie lignite strip mining plans first at Camp Swift, in Fayette County and later at the Steiner Ranch north of Bastrop. She was a founding member of the Central Texas Lignite Watch, the mother or grandmother of subsequent environmental organizations in Bastrop and neighboring counties. She was also a founding member of the Sayersville Historical Association focused on the rural community where she lived between Bastrop and Elgin on the banks of Big Sandy Creek.

The initial investigation into the murder was hampered by inter-agency rivalries during the 1984 primary election race for Bastrop County sheriff. In the late 1980s former sheriff Con Kiersey occasionally talked about reviving the investigation, but nothing occurred as a result. Still later Chief Deputy Sheriff Ronnie Duncan did reopen the case, but the only result was to clear a few possible suspects who had been the subject of early interest.

When Chief Deputy Charlie Littleton replaced Duncan in the sheriff’s department last year, he promised to look into the Wharton murder again. Littleton said recently that the only ongoing effort to solve the case is a regular check of DNA evidence preserved at the time against a growing data base of similar evidence gathered by law enforcement agencies in the years since. A Texas Ranger remains assigned to follow any new information, said Littleton.

Two jailed in suspected Paige murder

Tuesday, February 2nd, 2010

Bastrop, Tx–Bastrop County Sheriff’s Department criminal investigators spent part of today seeking a search warrant for a site in Hays County which they believe may reveal the remains of a Paige cook who has not been seen since mid December last year and who may be a murder victim.

However two other men are already in jail for the death of 23-year-old Michael Van Dyke. Investigators believe Van Dyke was beaten to death at his Paige home late last year. Charged in the case are Dustin Dickman, 24, and Dennis Leetch, 25. Apparently Van Dyke has not been seen since about Dec. 15. On Dec. 27 relatives alerted authorities that he was missing.

At first investigators suspected that the victim’s body had been dumped in a stock pond or some similar body of water. However they now believe his body may have been burned at a site in Hays County, according to sources who asked not to be identified. Investigators spent Tuesday morning drafting an application for a warrant to search the suspected site for evidence.
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Jury takes on drunk driving death case

Tuesday, January 26th, 2010

Bastrop, Tx–A jury of nine women and three men heard opening arguments Jan. 26 in the intoxication manslaugher and intoxication assault case against a 59-year-old Cedar Creek waitress in 423rd District Court before District Judge Chris Duggan.

Susan Moore faces up to 20 years in prison if convicted on the manslaughter charge. She is also eligible for probation because she has no prior felony convictions. She pleaded not guilty to the charges in court Tuesday.

Evidence will show that Moore had more than twice the legal blood alcohol level in her system when her vehicle slammed into an auto headed in the opposite direction shortly before 5 p.m. on Texas 71 just west of Bastrop on Sept. 20, 2007, killing an Irish tourist and severely maiming another passenger, said Assistant District Attorney Greg Gilleland in his opening statement to the jury Tuesday afternoon. The accident victims “didn’t have a chance,” he said. Moore “wasn’t driving friendly,” Gilleland added.

In his own opening statement, defense attorney Neal Pfeiffer told the jury that other evidence will show reasonable doubt that Moore’s blood alcohol level at the time of the accident was more than the legal limit for intoxication. “Alcohol did not cause or contribute to this accident,” he said. “(Moore) is not guilty.”

According to investigators, Moore had left her job at Hill’s Cafe in Austin about 4 p.m. on the fatal day and was driving home when the accident occurred.

Juvenile murder suspect back in Bastrop court

Tuesday, December 22nd, 2009

Bastrop, Tx–Haley Bellard, 15, was in state district court here Dec. 22 when her lawyers and prosecutors agreed on who will administer psychological exams to help the judge decide whether she will be tried under adult or juvenile rules on murder charges linked to the August death of her mother, Tracy Bellard of McDade.

When exam report results will be completed and when the court will hear evidence and arguments on the prosecution’s motion to proceed under adult criminal law is not yet certain, said 423rd District Judge Chris Duggan, who is handling the case.

Joseph Douglas, 18, is also charged with murder in the death of Tracy Bellard. He is being held in the Bastrop County Jail under $500,000 bail. Haley Bellard is being held in a juvenile detention facility in Seguin.

Investigators allege that Haley Bellard and Douglas were romantically involved and that Tracy Bellard sought to interfere in the relationship before she was shot to death in mid August at her McDade home. The body was subsequently taken to a site and burned in a brush pile near where Douglas was living close to Smithville, according to investigators.

Convicted ex-cop free on bail pending appeal

Thursday, December 3rd, 2009

Bastrop, Tx–Former Elgin police officer Orville Roger Miller Jr., 48, was released from Bastrop County jail Dec. 2 after posting $5,000 bail. Miller was sentenced to three years in prison and a $15,000 fine Nov. 13 for possession of child pornography by a jury in Bastrop.

Miller pleaded guilty to the charge but asked the jury to assess punishment. He was eligible to be released on bail pending the outcome of an appeal because his sentence was for less than 10 years in prison.

Miller fell under suspicion and was fired from the Elgin Police Department after he was linked to a portable digital storage device, or “thumb drive,” found by another officer in the department’s squad room.

Ex-Elgin cop gets 3 years, fines for child porn possession

Friday, November 13th, 2009

Bastrop, Tx–After more than four hours of deliberation today, a jury in 335th District Court called for a three-year prison term and fines of up to $15,000 for a former Elgin police patrolman who pleaded guilty Tuesday to three counts of possessing child pornography.

Orville Roger Miller Jr., 48, should also serve 10 years on probation on two of the three counts of the indictment in connection with a case which arose in 2007, the jury indicated. State District Judge Reva Towslee Corbett said she will formally sentence Miller at a hearing on Nov. 18 in Bastrop.

Because Miller pleaded guilty after a jury of eight women and four men was seated Monday, the jury’s only job was to assess punishment. Prosecutors asked for the maximum of 10 years in prison for each of the three counts of the indictment. Assistant state Attorney General Lisa Hoing also asked the judge to order any prison terms assessed to be served consecutively, in effect seeking a prison term of up to 30 years.

The defense said probation with community supervision was the appropriate sentence. Miller had no prior felony convictions and had been a Texas peace officer for more than 20 years. He was fired from the Elgin police force in May 2007 after he was linked to a portable digital “thumb drive” data storage device found in the police squad room. The device included images depicting children involved in explicit or simulated sexual activity, according to evidence introduced at Miller’s trial.

After the jury verdict was returned about 4 p.m. Friday, Defense attorney Tull Farley immediately announced his intention to appeal the verdict and asked for Miller to be released on bail pending the appeal outcome. The judge ordered Miller to be held in jail at least until formal sentencing next week.

Before being led away by a deputy of the Bastrop County Sheriff’s Department after the verdict, Miller hugged his mother in the courtroom, saying,” I’m so sorry, Mama. I gotta go.”

A former wife, his current fiancee and his mother all testified at the trial, asking the jury to assess probation. “He can still be a contributor to society,” Farley told the jury. “He’s remorseful and wants to atone” for admitted crimes.

Miller also testified in hiw own defense.

Ex-Elgin officer pleads guilty to child pornography possession, jury to determine punishment

Tuesday, November 10th, 2009

Bastrop, Tx–A jury of eight women and four men heard testimony Tuesday relevant to the punishment of a former Elgin policeman who has pleaded guilty to possession of child pornography in 2007.

Orville Roger Miller Jr. pleaded guilty to three counts of a grand jury indictment before 335th District Judge Reva Corbett on Nov. 10 but asked for the jury, selected the previous day, to assess punishment.

The case began May 4, 2007 when another Elgin police officer found a portable digital “thumb drive” attached to a computer in the department’s squad room and tried to determine its owner. According to testimony Tuesday, sexually explicit video images involving children were found both on the portable digital storage device and on Miller’s personal laptop computer.

With no prior felony convictions, Miller is eligible for probation under state law. Prosecutors from the state Attorney General’s Office are seeking a prison term. “This is not a probation case,” the lead prosecutors told the jury in an opening statement Tuesday.

The attorney general’s office was asked to take up the investigation and prosecution because it has a specialized computer crimes section, according to testimony by former Elgin police chief Jack Hensley. Miller was fired shortly after the suspect images were discovered, said Hensley.

Defense attorney Tull Farley reserved his opening statement until the state has completed its presentation of testimony and other evidence.

During testimony Tuesday the jury was shown some video images and other digital material recovered by investigators from computer devices linked to Miller, though those images could not be viewed by courtroom observers, including news reporters. The judge rejected a prosecution request to clear the courtroom during presentation of the video evidence, but she did not allow observers to view the material.

3 robbers hit Dominos in Bastrop

Tuesday, November 10th, 2009

Bastrop, Tx–Three robbers brandishing a knife hit Dominos Pizza in Bastrop close to midnight on Friday and fled with an undisclosed amount of cash. City police are seeking the public’s help in identifying the trio, and a local CrimeStoppers organization is offering up to $1,000 for information leading to arrests, said Police Chief David Board.

Anyone with tips can call 321-5550.

The three are described as black men probably in their 20s. One displayed a knife and demanded cash from the store’s till, said Board. One of them had also covered his face with a red bandana, he said. The men reportedly fled on foot.

A store clerk called for police help at 12:03 a.m. Saturday, and officers were dispatched to the store at 302 Hunters Crossing Blvd., according to public records.

The incident was the fifth armed robbery in Bastrop this year, said Board.

7 years assessed in Smithville case

Friday, November 6th, 2009

Bastrop, Tx–A man pleaded guilty to aggravated assault Nov. 3 in state district court in Bastrop for his role in what police believe was an armed robbery on March 5.
Ruben D. Haywood, indicted in August for aggravaged robbery, pleaded guilty to the lesser assault charge and was sentenced to seven years in prison under a plea agreement with prosecutors by 423rd District Judge Chris Duggan. Haywood was also ordered to pay $15,663 in restitution because of injuries sustained by the victim, George Cameron, who was struck with a shovel.

The judge also ruled that a deadly weapon was used in commission of the crime.

Teen to stand trial for murder of girlfriend’s mother

Wednesday, October 21st, 2009

Bastrop, Tx–On Oct. 20 a state grand jury in Bastrop ordered an 18-year-old Smithville area resident to stand trial for murder in the August death of his 14-year-old girlfrend’s mother in McDade. In a separate action the Bastrop County District Attorney’s Office is seeking to have the juvenile’s case, also on a murder charge, transferred into the adult criminal justice system.

Those younger than 17 are generally considered children under Texas law and their cases handled under a separate set of criminal and family laws. In exceptional cases, however, juveniles may be transferred for adjudication under adult criminal rules.

Tuesday’s murder indictment names Joseph Douglas as responsible for the shooting death of Tracy Bellard, 42, “on or about Aug. 17″ this year. The grand jury action puts the defendant on formal notice of the charge he will face in court.
Douglas is being held in the Bastrop County Jail, apparently unable to post bail, pending trial. The victim’s daughter, identified in court records as Haley Bellard, is being held in a juvenile detention facility in Seguin.

Tracy Bellard was reported missing Aug. 14 after she failed to appear for work at her family’s restaurant, Mimi G’s, on FM 1441 that day. Douglas and the daughter were questioned Aug. 17 after Tracy Bellard’s auto was spotted at the residence where Douglas lived near Smithville.

Subsequently both the juvenile and another witness told investigators from the Bastrop County Sheriff’s Department that they had seen Douglas gun down Tracy Bellard at her McDade home with a 22-calibre rifle, according to court records.