Rains County Jury Believed the Children not Jimmy Ardell Harden
Office of the County Attorney
Robert F. Vititow
Rains County, Texas
220 W. QUITMAN SUITE D EMORY, TEXAS 75440
TELEPHONE (903) 473-5000 * TELECOPIER (903) 4743-5085
PRESS RELEASE
JULY 25, 2023
A jury was selected on Monday, July 17, 2023, in the Eighth Judicial District Court of Rains County in Cause Nos. 6260, 6261, 6453, 6454, 6455, and 6456, entitled The State of Texas v. Jimmy Ardell Harden. Harden, a local citizen of Rains County was charged with the felony offenses of Aggravated Assault with Deadly Weapon, Assault Family or House Member Impede Breath/Circulation, Continuous Violence Against the Family, and three cases of Injury to a Child (causing bodily injury).
The offenses occurred over an extended period of time; the offenses charged covered a period ranging from March 2013 to July 2021. The defendant was 49 years old at the time of the trial and the victims were 17 and 19. Kent Starr of McKinney represented the defendant.
Rains County Attorney Robert Vititow began presenting the evidence Monday afternoon after the jury was selected. The State and the defense closed their cases Wednesday afternoon, and after hearing the evidence, the jury returned a verdict of guilty on five of the six cases and a not guilty verdict in one of the Injury to a Child cases.
The punishment phase began Thursday morning. For the felony offenses of, Continuous Violence Against the Family, Assault Family or House Member Impede Breath/Circulation and the three cases of Injury to a Child with Intent of Bodily Injury the defendant faced a range of punishment of 2 years to 10 years in prison and up to a $10,000 fine on each case. For the felony offense of Aggravated Assault with Deadly Weapon, the defendant faced a range of punishment of 2 years to 20 years in prison and up to a $10,000 fine. The defendant elected to have the jury assess his punishment.
The jury determined the punishment in these cases as five years in prison for Aggravated Assault with Deadly Weapon, two years in prison for Assault Family or House Member Impede Breath/Circulation, ten years in prison for Continuous Violence Against the Family, two years in prison for the remaining two Injury to a Child with Intent Bodily Injury cases. The jury also assessed a $2,000 fine on each of the cases.
Although the defendant denied all the allegations the jury was convinced beyond a reasonable doubt that the defendant did cause injury to his children by placing their hands on hot coals or embers as punishment for buying a book at the school book fair. In another instance, the defendant chased his son because he did not paint boards properly and impeded his airway by placing his arm across his son’s throat, slammed his face into the ground several times and repeatedly hit him in the head with a metal pipe. From the period of February 2021 to July 2021, the defendant continuously slapped his children, pulled their hair out, threw tools at them, hit them over the back with a large stick and impeded their airways.
The jury believed the children and found the defendant not credible. Although a man weighing in excess of 200 pounds, he said he pulled out his daughter’s hair out in “self-defense”, even though she only weighed 90 pounds. This instance occurred when the defendant was choking his son and the daughter tried to remove the defendant’s hand when her brother began gasping for air.
Vititow commended the court personnel and the citizens of Rains County who served as jurists for the excellent job they did. The jury obviously took their job very seriously. Law enforcement is a joint effort which includes the officers, the prosecutor’s staff, all of the court personnel and the citizens of Rains County who served as the jurists.
Rains County Attorney, Robert Vititow
Bass In Jail on Wood County Warrants; Attempted to Evade Arrest
July 27, 2023 – A Winnsboro, Tx resident led Hopkins County Deputies on a chase that started south of Pickton.
Deputies were out late at night Wednesday in an attempt to serve a Wood County warrant on 36 year-old DONNY GEORGE BASS. Deputies recognized Bass driving a car on FM 269. The vehicle he was driving showed a Garland TX registration address. Deputies attempted to perform a traffic stop the vehicle, suspecting that Bass was indeed driving the car.
Bass did not stop. He traveled several county roads and led deputies into Wood County. Speeds over 120 mph were obtained. In desperation, Bass eventually drove his Nissan Sentra into a farm pond.
When directed to ‘swim’ to deputies he finally complied. Bass was then arrested without further incident. His Nissan was impounded.
Bass in charged with:
23-07-34 1 38.04(B)(2)(A) EVADING ARREST DET W/VEH
24903-2022 1 VIOLATION OF BOND CONDITION POSS CS PG 1>=1G<4G (Wood Co)
23-009957 1 38.04(B)(2)(A) EVADING ARREST DET W/VEH
23-07-35 1 46.04(E) UNL POSS FIREARM BY FELON
This is not the first time Bass has been in jail. In April of 2022, we has arrested and charged with:
POSS CS PG 1/1-B >=4G<200G ( Bond: $50,000 Surety Bond )
If you have an emergency, dial 9-1-1
The Hopkins County Sheriff’s Office is located at 298 Rosemont Sulphur Springs, TX 75482. You can reach them for non-emergency matters at (903) 438-4040.
Texas House And Senate Reach A Deal On How To Cut Property Taxes
After a long standoff among Texas’ top Republicans, state GOP lawmakers struck a deal on how to cut Texans’ property taxes.
The $18 billion compromise between the Texas House and Senate — which includes more than $5 billion approved for property tax relief in 2019 — would lower taxes for the state’s 5.7 million homeowners and add a temporary cap on appraisal increases for some non-homesteaded properties.
It would also cut franchise taxes for small businesses and send billions of dollars to school districts so they can cut their taxes across the board. However, none of that money will go toward additional public education funding, according to legislation filed by state budget leaders.
The proposal must clear both chambers before it heads to Gov. Greg Abbott’s desk. Abbott said he looks forward to approving it. Then voters must pass the plan in a constitutional election in November. If voters approve the deal, the cuts would start with the 2023 tax year.
The legislation, expected to be passed this week, allocates about $12.6 billion to reduce the school property tax rate by 10.7 cents per $100 valuation for homeowners and business properties. It also includes an increase to the state’s homestead exemption from $40,000 to $100,000 at an estimated cost of $5.3 billion, and some extra relief for seniors and property owners with disabilities, averaging an extra $170 per year.
The Senate bill’s author, state Sen. Paul Bettencourt, R-Houston, said the deal would save the average homeowner about 41.5% on property taxes each year, or an average of about $1,300 per year.
Another part of the plan, which in a way revives a contentious idea the House had previously proposed, would institute a three-year, 20% cap on appraisal increases for commercial and non-homesteaded properties valued at $5 million or below — a number that could be adjusted by the comptroller with inflation each year.
An earlier proposal sought by the House to put a tighter cap on how much taxable property values can rise each year — also known as an appraisal cap — was left out of the final deal.
Currently in Texas, those appraisals can only increase by 10% each year. That benefit only applies to people who own the homes they live in. The House proposal would have narrowed that cap to 5% and extended it to include businesses and other non-homestead properties, an idea that drew harsh criticism from tax-policy advocates on both ends of the political spectrum.
Absent from either chamber’s previous proposals was any targeted tax relief for the state’s 3.7 million renter households. House Democrats last week unveiled their own tax-cut package that would give tenants a cash refund equaling up to 10% of the rent they paid the previous year.
Game Warden Field Notes
The following items are compiled from recent Texas Parks and Wildlife Department (TPWD) law enforcement reports.
You Never Even Called Me by My Name
While patrolling Cedar Creek Lake, Anderson and Henderson County Game Wardens investigated a potential Boating While Intoxicated case. The violator gave consent for a blood sample resulting in an arrest. The wardens assisted with returning the boat to shore since the other occupant was not familiar with operating a boat. Once on shore, one warden walked into the boat ramp parking lot. A vehicle sped into the lot and parked in a handicapped space. The driver then yelled an obscene greeting at the warden, who thought maybe the driver failed to recognize his uniform in the dark. The warden turned on his flashlight to ensure the driver saw his badge. Sitting in the passenger seat, the driver’s son commented on his mother’s regretful choice of greeting. The warden conducted sobriety tests and determined the driver, now belligerent, was intoxicated. The local police department arrived and transported them to a hospital, where the driver consented to a blood specimen. The test determined that along with her intoxication, she was also suffering from low blood sugar. Her sugar level was treated, and she was placed in jail for a DWI.
Boat Over Troubled Water
After a long period of heavy rainfall in Trinity County resulting in high water, swift currents and excessive debris, a Trinity County Game Warden received a call from dispatch regarding a boater who was sinking in a nearby river. The warden spoke with the distressed boater and advised him to put on a life jacket immediately. He then called the local fire department for backup. The boater dropped an accurate pin for his location, and the warden quickly found him hanging on the top bow of a vertically floating vessel, half submerged. The warden pulled up to the vessel, allowing the boater to jump in. The vessel then completely submerged. However, the warden successfully tied the boat’s bowline to a nearby tree stump, saving the vessel, which was later towed to a local boat ramp. Together, the warden and boater recovered an ice chest with fish and a couple of fishing poles. The boater explained that there were a lot of floating trees in the swift water. While he was fishing, a huge floating tree came over his motor, pushing the back of the vessel underwater. The boater was very appreciative and tired.
Playing Possum
A Karnes County Game Warden received a call from a witness who discovered a man lying on the ground next to a dead deer. The complainant found the man after hearing a shot from a nearby county road and yelled at the man to ask what he was doing. The man stood up and ran into the brush. Wardens coordinated with sheriff’s deputies and witnesses to identify the subject. When interviewed, the subject indicated that, after partaking in a couple of beers, he shot the deer illegally for food. The warden issued a citation and restitution fee. The deer was donated to the witnesses for food.
Riding Shotgun
While Potter and Deaf Smith County Wardens patrolled the Canadian River Off-Highway Vehicle Area, they received information from multiple parties about adult males off-roading and shooting rifles illegally near the hiking trails around Lake Meredith National Recreation Area, Rosita Creek Flats. Walking through the flats, the wardens located three adult males who displayed multiple anti-police tattoos and clothing. One of the individuals carried two rifles, an AK-47 and a .308 caliber, as well as paper targets. Some of the individuals were from out of state; the wardens additionally observed that their vehicle did not display a Texas OHV decal. Upon checking with the Potter County Sheriff’s Office, the wardens learned that one was a convicted felon with outstanding warrants for various charges. The wardens arrested the individual without incident. A National Park Service Ranger arrived on scene and issued a federal citation to the individual who had been illegally target shooting. The owner of the vehicle also received a citation for failing to display proper decals required by law.
Never Split the Party
A Williamson County Game Warden responded to multiple reports of two men spearfishing and keeping a large quantity of fish. The warden contacted the individuals as they were exiting the woods and returning to their vehicle. During their conversation, he noticed they did not have any fish or spears in their possession. He learned that the reporting party threatened the men with calling the police. Nervous about police interference, they said they released the fish and stashed their spears in the woods. The warden followed the men into the woods to retrieve the spears. During their walk, one of the gentlemen walked slowly while the other walked further ahead at a quicker pace. Realizing that they were trying to split up, the warden ran to catch up to the man furthest away, catching him with two spears in his hand and a bag with 70 speared and gutted fish including sunfish, bluegill, Rio Grande cichlids, fresh-water drum, undersized black bass and channel catfish. Neither man possessed a fishing license. The warden issued multiple citations.
Texas A&M Forest Service Encourages Caution As Wildfire Danger Increases Statewide
COLLEGE STATION, Texas — As persistent triple-digit temperatures and dry conditions increase wildfire danger for much of the state, Texas A&M Forest Service urges Texans to be cautious with outdoor activities that create sparks.
Through Friday, high temperatures and increased wind speeds will support the potential for large wildfires that may be resistant to firefighters’ suppression efforts.
Areas at risk include North, Central and South Texas, the southern region of East Texas, areas in the Rolling Plains near Wichita Falls and Abilene and areas in the Hill Country near San Angelo, Fredericksburg and San Antonio.
The risk for wildfire activity will remain elevated through the first week of August, as very hot and dry conditions are likely to continue.
“With the recent uptick in wildfire activity, Texas A&M Forest Service has mobilized additional personnel and equipment to assist with response,” said Wes Moorehead, Texas A&M Forest Service Fire Chief. “State and local firefighters are prepared to respond quickly but we need Texans to be careful and prevent wildfire ignitions while conditions remain hot and dry.”
In Texas, nine out of 10 wildfires are human-caused and preventable. The most common causes of wildfires during the summer months are debris burning and equipment use, which includes parking in dry grass and dragging trailer chains.
“Every year, Texans eagerly await the summer months when they can enjoy their favorite outdoor activities like camping, boating or grilling,” said Karen Stafford, Texas A&M Forest Service Prevention Program Coordinator. “Unfortunately, these activities can also spark an unintended wildfire. It is important that everyone consider their surroundings and remember that simple preventative measures can keep a wildfire from igniting.”
Throughout the summer months:
- Always check with local officials for burn bans and other outdoor burning restrictions. Pay attention to local guidelines regarding open fires, campfires and outdoor activities that may pose a fire hazard. For burn ban information, visit https://tfsweb.tamu.edu/TexasBurnBans/.
- Park in designated spaces and avoid driving over and/or parking on dry grass. The heat from a vehicle can easily ignite the grass.
- When using a cooking fire or campfire, never leave it unattended. Always make sure it is completely out by drowning it with water, stirring it and feeling to ensure it is out cold before leaving.
- When pulling a trailer, ensure the chains are properly connected and do not drag on the road as this can create sparks.
- If you witness suspicious behavior or signs of arson, immediately call the local authorities.
Stay wildfire aware. If a wildfire is spotted, immediately contact local authorities. A quick response can help save lives and property.
For more information about summer wildfire prevention, visit https://tfsweb.tamu.edu/summerwildfires/.
For information on the current wildfire situation in Texas, visit https://tfsweb.tamu.edu/CurrentSituation/.
Texas Education Leaders Prepare For Special Session On Teachers Pay And School Vouchers
While there’s still time this year for Texas lawmakers to carve out legislation to raise teachers’ pay, educators are still disappointed that they will enter the school year uncertain about what those raises could be.
Despite entering the regular session with a record $32.7 billion surplus for Texas, legislators failed to reach an agreement on teacher pay increases.
Dallas Independent School District Superintendent Stephanie Elizalde spoke at the event alongside state Sen. Brandon Creighton, R-Conroe, San Antonio teacher Laura Herrera and Texas Private Schools Association executive director, Laura Colangelo. In the conversation, moderated by Tribune public education reporter Brian Lopez, participants spoke about the 2023 Texas Legislature, school funding, teacher pay, a potential voucher-like program for Texas and school safety.
Teacher Salaries
Creighton, who chairs the Texas Senate’s Education Committee, acknowledged that approval for teacher pay raises failed to make it through the finish line during the regular legislative session due to the lack of agreement between the House and the Senate. Senate Bill 9, which he helped author, would have paid a one-time bonus of $2,000-$6,000 to teachers, but it failed.
Several other education bills did not move forward this year because of disagreements between the House and Senate. Near the end of the regular session, several of these ideas were incorporated into a single omnibus bill, House Bill 100, but it also ran out of time due to a lack of agreement among lawmakers by the deadline.
Education savings accounts
Abbott has declared voucher-like programs — which would allow parents to use taxpayer dollars to pay for private school tuition and other educational expenses — a priority this year. The governor is expected to call another special session this fall to address the issue.
However, if such a proposal can gather enough support remains to be seen.
Creighton added that a voucher-like program would only affect a small number of children — about 1% of Texas students — who seek private alternatives. He noted that $500 million was planned during the regular session for the initiative.
Crow Back in Hopkins County Jail
July 26, 2023 – LILLY MARIE CROW is back in Hopkins County Jail this week. Sheriff Deputies traveled to the Hempstead County Sheriff’s Office in Arkansas to retrieve her. She was arrested in Arkansas on July 18.
She is being held on $150,000 bond for these charges:
1 481.115(b) VOP POSS CS PG 1/1-B <1G
1 DEFRAUD HARM OF ANOTHER ELDERLY IAT (RAINS CO)
This is not the first time Crow has been in jail. In May of 2021 she was arrested in Sulphur Springs and charged with possession of a controlled substance. See that story here.
In March of 2021 she was arrested in Wood County and charged with possession of a controlled substance.
If you have an emergency, dial 9-1-1
The Hopkins County Sheriff’s Office is located at 298 Rosemont Sulphur Springs, TX 75482. You can reach them for non-emergency matters at (903) 438-4040.
Emergency Rules Adopted For Movement Of Breeder Deer
AUSTIN — In response to continued positive detections of Chronic Wasting Disease (CWD) in deer breeding facilities, Texas Parks and Wildlife Department (TPWD) has adopted an emergency rule implementing additional movement and testing restrictions for white-tailed deer in deer breeding facilities.
Since June, TPWD has received confirmation of CWD in deer breeding facilities in three counties- Brooks, Frio and Zavala. In 2023 alone, CWD has been detected in nine deer breeding facilities in seven counties. A total of 14 counties have had positive detections since March 2021.
“Since 2021, we have seen an increase in CWD detections from breeder deer at an unprecedented rate,” said John Silovsky, Wildlife Division Director for TPWD. “It’s our hope that these emergency rules will strengthen our surveillance and reduce the number of CWD positive detections across the state.”
This emergency order amends Chapter 31 TAC §65.95, relating to Movement of Breeder Deer. The change requires all breeder deer to be ante-mortem (live-animal) tested for CWD (with a test result of “Not Detected”) before transferring to another deer breeding facility or release site. These changes will be in effect for 120 days but may be extended an additional 60 days.
Additionally, the department has determined that to expedite and facilitate epidemiological investigations, it is necessary to prohibit the removal of identification tags under any circumstance other than allowed by statute. The ability to quickly locate and test breeder deer transferred to a release facility is critical to determining the likelihood of disease transmission.
CWD is a fatal neurological disease found in certain cervids including deer, elk, moose and other members of the deer family. This slow, progressive disease may not produce visible signs in susceptible species for several years after infection. As the irreversible disease process continues, animals with CWD may show changes in behavior and appearance. Clinical signs may include progressive weight loss, stumbling or tremors with a lack of coordination, loss of appetite, teeth grinding, abnormal head posture and/or drooping ears, and excessive thirst, salivation or urination.
Visit TPWD’s recently updated CWD page to find a map of all CWD zones, check stations and positive case tracking. The site also provides answers to frequently asked questions, videos with information from wildlife veterinarians, best management practices for hunters and landowners and review the latest news.
Aldine Man’s Home Under Threat Of Eminent Domain Acquisition
Travis Upchurch has lived at 1810 Aldine Meadows Rd. all his life and plans to do so until he dies, and that’s where he wants to stay until he dies.
The 1-acre property has been home to Upchurch’s family for more than a century, according to his son, who said his 78-year-old father has lived there for 46 years. It’s where the elder Upchurch raised his children and cared for his wife until she died from a rare form of cancer in 2017. It’s also where he picks pecans from trees that were planted by his grandparents, which he gifts to friends and family around the holidays and uses to bake pecan pies.
However, Aldine ISD also likes the property and it has taken steps to acquire it through eminent domain. The Houston-area school district owns all the surrounding land on that side of Aldine Meadows Road, including a football stadium immediately to the west. W.W. Thorne Stadium is being rebuilt as part of a $50 million project, and Aldine ISD’s plan is to use Upchurch’s property for parking, according to his son, whose first name also is Travis.
The district said in a statement that the elder Upchurch rejected its purchase offer in the spring of 2022, which led to school board members’ decision this April to pursue eminent domain, a process through which a governmental entity can acquire private property for public use while providing compensation for the land. Aldine ISD said it mailed another offer to Upchurch this week “as part of the first step in the eminent domain process.”
Aldine ISD also has initiated eminent domain actions to acquire a nearby property at the southeast corner of Aldine Meadows Road and Aldine Westfield Road, which is where the elder Upchurch’s mother lived before she died, according to his son. The family is not pushing back against that proceeding, he said, because no one lives there.
All the land near that intersection, most of which is now owned by Aldine ISD and used to house athletic facilities, an educational center and a bus barn, among other things, was previously a dairy farm, according to the younger Upchurch. He said his family has long figured the school district would one day want their lots, too.
The Unchurches hope to settle this matter civilly without the need to involve lawyers or the court. The Elder Upchurch’s Children wish to hold true to their fathers wished and let him live the rest of his life on the property.
Chamber Connection – July 26
When April 8, 2024 rolls around, get ready!
Almost weekly, we are messaged, called or visited by people who will be coming to Hopkins County for the total solar eclipse on that date. They are coming from around the country and literally around the world. Our latest message was from Karen Ridgway in the United Kingdom, who said she was coming to Sulphur Springs for the eclipse. “Can’t wait!” she wrote.
The Sulphur Springs school district has been hit up by an RV group that wants to bring 100-150 RVs to town for the eclipse and were looking for a place to park. Hotels and lodgings are being booked daily.
People, this is big.
If you and your business aren’t already thinking about what to do when literally tens of thousands of visitors will be here for that weekend leading up to the Monday eclipse, now is the time to start!
The Chamber is making plans for a weekend market downtown and is looking for sponsors to help us bring a concert to town for the Sunday evening before the eclipse. But, there are plenty of options and opportunities available for all businesses.
If you have an idea or an event, please contact us at the Chamber and we will help promote it on the website TotalEclipseSSTX.com.
It’s not only time to start planning, it’s time to start getting things ready for our visitors.
Eclipse Lunch and Learn
To that end, the Chamber is sponsoring a Lunch and Learn on Wednesday, Aug. 16, to explain how to get your property ready for a possible rental. AirBnB entrepreneur Callie Bradshaw will be on hand to help explain the process of putting rental property on the website.
The Lunch and Learn will be from 11:30 a.m. to 1 p.m., at a venue to be determined by the number of the participants. Cost is $20 for Chamber members and $25 for non members. Call us at 903-885-6515 or email us at [email protected] to sign up.
Stewing It up
If you are a returning stew cook or a new cook who wants to get in on the biggest annual event in Hopkins County, it’s time to start registering.
Registration for stew cooks is now available online at HopkinsChamber.org. The cost remains the same for our cooks — $100 registration fee. You can also pre-order this year’s T-shirt with Stew Cook on the back for just $20 each.
If you are a returning stew cook, check your email account for a form sent from us, and if you don’t do email, then you should have received a registration form in the mail.
The 54 th Annual Hopkins County Stew Festival, presented by Alliance Bank, has been able to keep its costs down because of our generous businesses in the community, and the cost just got even cheaper for some families.
Signature Solar and the Chamber announced last week that children 12 and under will eat free at the festival on Saturday, Oct. 28, due to Signature Solar’s generous sponsorship.
Children will still need tickets, which can be obtained either online or via paper tickets. Online tickets, which are $8 each for everyone 13 years and older, are available at
HopkinsChamber.org. Paper tickets will be available in early August at the Chamber and local banks.
City National Bank will be sponsoring the Friday night festivities, Oct. 27, and we will be announcing that line-up soon.
Thanks to all of our sponsors who make the stew festival affordable for families in Hopkins County. Follow the Chamber’s Instagram and Facebook accounts for spotlights on our sponsors and updates on the stew festival.
Stewcomers Meeting
We will have a Stewcomers meeting at 5:30 p.m. on Tuesday, Aug. 8 in the Chamber of Commerce Conference Room for first-year cooks and those who want more information about the stew contest. Please call us at 903-885-6515 or email us at [email protected] for more information or to let us know you’re coming. The meeting will be brief but informative, and those who attend are not required to come to the new cooks meeting in October.
Mammography Screening
Hunt Regional Healthcare’s Tubby Adkisson Mobile Mammography Coach will be at the Spring Village Shopping Center on Thursday, July 27. All insurance accepted at Hunt Regional are also accepted for the Mobile Mammography Coach, including Medicare and Medicaid. For those not using insurance, a prepaid pricing of $200 for a 3D mammogram is available.
To schedule individual screening mammograms or bone density, please call 903-408-5010. Appointments and pre-registration are requested.
Hopkins County Law Enforcement
The Hopkins County Law Enforcement Association will have a Golf Tournament fundraiser at the Sulphur Springs Country Club on Aug. 21. The four-person teams will tee off at 10 a.m. For sponsor or player information, call Michael Russell at 903-438-4040 or email [email protected].
Wedding Expo
The DIY Wedding Expo is coming back to the Civic Center from noon to 5 p.m. on Sept. 23. For more information on sponsorships or vendor spaces, contact Tracey Treadway at 214-683-7669 or [email protected].
Ribbon Cutting
Carriage House Manor, 210 Pipeline Road, hosted a grand reopening for its beautiful Cottages at noon on Friday, July 21.
