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Rowlett Man Calls Gun-Selling Conviction Unfair

Written By Unknown on Sabtu, 16 Februari 2013 | 23.31

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A Rowlett man convicted of dealing guns without a license in Garland says his recent conviction is unfair.

A federal jury on Feb. 8 convicted Jackie Don Burke, 66, of selling guns out of his former screen-printing business.

"By definition, I am now a felon, and that hurts very much," said Burke, who goes by his initials, J.D. "I've been a law-abiding citizen for all my life."

Burke said he did not aim to take his lifelong passion for guns to the wrong side of the law.

"I'm disappointed more than anything else," he said. "I was very shocked when the verdict came in -- disappointed, yes; angry, no."

Burke was found guilty of engaging in the business of firearms without a license after nearly a week of trial and deliberation.

The U. S. Attorney's Office said that Burkes' own records show he sold at least 135 guns during a 14-month period. At one point, he sold a pistol to an undercover Bureau of Alcohol, Tobacco, Firearms and Explosives agent, prosecutors said.

But Burke insists that he was selling guns from his personal collection, which is legal.

He had to surrender 45 guns after his conviction.

"Well, that wasn't so many to me -- I love guns," he said. "The only reason I had 45 there at the time is that I couldn't afford to buy 60 or 80 or 100 at a time."

Burke told the jury he was "too old to go to jail" but now says that's not what he meant and that he respects the law.

"Basically when I said, 'I'm too old to go to jail,' it means that I'm going to do right," he said. "I don't want to go to jail in any purposes."

Burke said he is worried about his personal safety now that he will lose all of his guns. He said he survived a knife attack during an attempted robbery of his former gun shop in 1982.

"I had a gun on at the time," he said. "If I hadn't have, he would have definitely killed me."

Burke faces up to five years in prison and a $250,000 fine.

He will remain free on bond pending his sentencing, which is set for May 24 before U.S. District Judge Barbara M. G. Lynn.

The U.S. Attorney's Office declined to comment on the case because it is still pending.

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North Texas Cruise Passengers Happy to Be Home

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Passengers Cheer Escape From "Horrible" Cruise

Passengers from the disabled Carnival Triumph are glad to be back on land after five nightmarish days marked by overflowing toilets and food shortages.

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A ticket to paradise turned into a cruise from hell.

About a dozen of North Texans who were on board the Carnival Triumph finally made it home on Friday.

The ship, which was adrift in the Gulf of Mexico for five days after an engine fire, was finally pushed to Alabama on Thursday night.

Friday morning, some North Texas passengers were flown home to Dallas/Fort Worth International Airport.

Gloria Hoagland, of Plano, was part of a Jazzercise group on the cruise. When the ships engines caught fire, the crew didn't know how bad the damage was until nine hours later, she said. That's when that the crew confirmed they were stuck at sea.

"Every day, we kept getting a report -- it was one more day, one more day, so we weren't convinced that we would even arrive on Thursday night," Hoagland said.

Conditions on the ship quickly deteriorated after the ship lost power. Hoagland said the ship started listing some, causing problems on the lower decks.

"The sewage -- when the boat lists back and forth, the sewage did spill out of the toilets onto the floors, came out of the walls, drainage, you know. That's why we stopped showering three or four days ago, because the sewage was coming up from the drain and, with no electricity, you couldn't see what was going on in the bathroom," she said.

Sheila Ruble, of Frisco, was staying on one of the lower floor rooms with some of her friends. When the power went out, trouble poured out into her room.

"There was sewage that came up from the shower drainage," she said. "We did not stay in the room. The stench, the hot, the heat, was so bad down there, we moved up to the fourth floor outside."

The stench forced hundreds of passengers to look for higher ground and fresh air. Passengers dragged bed sheets, mattresses and towels to the deck to set up tents and places to sleep.

Hoagland said the crew members did a great job helping passengers any way they could, from fresh clothes to food. Passengers even helped out other passengers.

"I was very fortunate, because I was in a cabin. I actually met two older women who were down in two and, with the sewage and stuff, their cabin got ruined. And we invited them up and they slept with us for the next four nights. We just sort of made it work," Hoagland said. "People were sharing cabins, people were sleeping in the hallways. My room was clean, so we were inviting people over to use our balcony, get some fresh air, because without the balcony, you smelled sewer and diesel and bad things. I'm thankful for some fresh air."

Because most electricity was out, passengers were fed sandwiches and melons, Hoagland said. She said the lines were long, but people waited in them in order to eat.

Ruble said Carnival offered passengers a reimbursement for the trip, as well as an additional $500. The company also paid for the return trip home and even offered passengers a free cruise in the future.

Ruble loves cruises and had plans to go again with her girlfriends. But after this ordeal, she plans to wait a little while before hopping on an ocean liner.

"The first couple of days -- 'Hey, this is cool. Let's do this again next year.' And then when we were with each other for days and nights, we were like, 'You know, I think we're good catching up for another five years,' so I don't know if we're going to be doing it anytime soon," Ruble joked.

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Detective's Daughter Asks for Help in Fugitive Search

Mark Schnyder, NBC 5 News

The daughter of the detective attacked by Miami fugitive Alberto Morales, spoke out at a news conference on Friday pleading for the public's help in locating Morales.

Injured Officer's Daughter Calls...

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The only daughter of the Miami detective stabbed Monday when Alberto Morales escaped custody, pleaded for the public to help search for the fugitive Friday.

Cristina Pardinas, daughter of Jaime Pardinas, did not take questions when she addressed the media at a news conference outside Parkland Hospital. 

"On behalf of my father and my family we want to thank the Grapevine PD, Grapevine Fire Rescue, State Troopers, Dallas PD, US Marshals and the countless other law enforcement agencies that have helped my father as well as the incredible staff at Parkland Hospital. My dad is recovering well and expected to make a full recovery. Will be discharged soon. Alberto Morales is a dangerous man and he'll do anything he wants to get what he wants. I, as Jaime Pardinas only daughter and only child,  I urge the public to come forward before this man attacks and attempts to take someone else's loved one from them."

Grapevine police say 30 to 50 North Texas officers, Miami officers, and state and federal agents continue a ground search within a few miles of the Walmart where Morales was last seen.

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Jury Deliberates in Marriage Counselor Trial

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A Tarrant County jury will have to wait until Tuesday to resume deliberations in a sexual assault case involving a marriage counselor accused of abusing her position to exploit an emotionally dependent client.

The jurors are deliberating on the case involving Loven who was a licensed counselor at the time she allegedly counseled a couple to divorce and used her position to have sex with the husband.

Loven could face two to 20 years in prison, if she is found guilty.

Jurors received the case around 3 p.m. on Friday, but were sent home shortly after 5 p.m. They sent a note around 4 p.m. asking for the definitions of exploitation and emotional dependent, as well as coffee.

The trial resumed Friday afternoon with a handful of prosecution witnesses, before the state rested. The defense put on no witnesses, as it is not required to do so.

During closing arguments, the prosecution and defense said Loven was a bad counselor and what she did was wrong, but both sides disagreed on whether it was illegal.

Prosecutors Betty Arvin and Sean Colston compared the counselor and patient relationship to preacher and parishioner or student and teacher.

They argued that the victim, who NBC 5 will not identify, was emotionally dependent on Loven as a licensed counselor, and she exploited that relationship for sex.

Text messages, allegedly from Loven to the victim and his wife, were brought up during closing arguments.

"It tells you that Sheila knew (victim) was emotionally dependent on her," Assistant District Attorney Colston argued.

Defense Attorney Mark Scott admitted his client's actions were immoral and argued that his client didn't take advantage of the victim or manipulate him and his wife, rather she simply developed feelings for him.

"I know you don't like Sheila, I don't blame you," Scott said. "What she did is terrible, it's disgusting. They want you to believe that leaving love notes for him was manipulative, that telling him he was handsome was manipulative. Ladies and gentlemen she fell in love with (the victim), it's a bad idea, terrible. Immoral, unethical, improper, goes across boundaries, not right, not illegal."

Colston said it is illegal and if the genders were different there would be no doubt.

"What if this was a woman treated by a counselor, we would have no doubt that she was exploited, that that was an illegal act," Colston said.

Jurors will resume their deliberations on Tuesday.

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Homeowners Sue Over Property Sliding Into Creek

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More than a dozen Carrollton homeowners are worried their homes will slide into Dudley Branch Creek because of a settling problem.

Fences and parts of several yards have disappeared in the 1300 block of Barclay Drive as a retaining wall that supported them sank and fell away.

The worst of it is in Petra Hamrla's backyard.

"They want to beautify Carrollton, but they don't care for residents, so that's very sad for me," she said.

A large part of neighbor Dalia Chavarria's yard has sunk away.

"Every time that it rains, it's going deeper and also it's coming toward the house," she said. "It's scary."

Their lawyers say 14 homes are threatened by the problem, which the city refuses to repair.

The residents claim the damage occurred because Barclay Drive is higher than their homes and the creek bed slope is too steep -- both in violation of city standards -- so rainwater causes the land in between to slide.

"We believe that they simply did not follow their own standards and, as a result of it, our clients' houses are in jeopardy of falling into the creek," attorney Michael Weston said.

The lawyers claim city records show officials knew there was a problem and fixed it in the past.

The homeowners' lawsuit claims that the effect of the city's improper maintenance now amounts to inverse condemnation of the damaged private property.

"They intentionally took these properties, that they had knowledge of what they were doing and, by virtue of that, the value of these people's houses has dropped precipitously," attorney Bruce Turner said. "They've lost huge amounts of money. They can't sell their houses, and this City Council won't help them."

The city has said a failing retaining wall that supported the yards is on private property and that maintaining it is not the city's responsibility.

City officials and Mayor Matthew Marchant did not return message left for them Friday.

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Valentine's Day Orders Disappoint Some Customers

Deanna Dewberry, NBC 5 Investigates Consumer Unit

NBC 5 Investigates Consumer Unit heard tales of woe from viewers who spent big bucks on flowers only to learn their loved ones got bad flowers, the wrong flowers, or no flowers at all.

Valentine's Day Orders Disappoint...

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NBC 5 Investigates Consumer Unit heard tales of woe from viewers who spent big bucks on flowers only to learn their loved ones got bad flowers, the wrong flowers, or no flowers at all.

That was the case with Elvia Sustaita, a Bedford resident who was initially thrilled to see a floral delivery on Valentine's Day.

"I opened the box and my heart fell," said Sustaita.

A family friend had paid $60.00 for a breathtaking bouquet of Stargazer Lilies and Tulips from ProFlowers.com. Instead Sustaita got a box of soggy, dead flowers.

"We are serious about bringing customers freshness, quality, and value and ProFlowers consistently has the highest customer satisfaction rates among flower companies. We guarantee that our flowers will last at least seven days or customers can get their money back or receive a replacement bouquet." 

The family friend who sent the flowers got her $60.00 back, and replaced the dead bouquet with fresher blooms from a local grocer.

ProFlowers isn't the only online florist who heard complaints after Valentine's Day. NBC 5 Investigates Consumer Unit found hundreds of complaints posted on FTD's Facebook page with one unhappy customer calling FTD – Failed To Deliver. NBC 5 Investigates heard from dozens of viewers who told us they got dead flowers or no flowers at all.  Still others got flowers – just not what they ordered.

One NBC 5 employee was supposed to get a bouquet of 11 roses from FTD. Instead she got a bouquet with 5 roses mixed with less expensive flowers  and filler.

FTD told NBC 5 Investigates,"There may occasionally be issues and we have dedicated customer service representatives in place to resolve these issues …" 

But resolving those issues takes time. When we called FTD and other on-line florists, we were told the wait time was as long as 60 minutes. That's enough to leave consumers who were already frustrated seeing red – and not from flowers.

If you got flowers or the flowers you sent were less than you expected, you should contact the company. You may try emailing if wait times are too long. You should also take a picture of what you received as proof. Most companies do have customer service policies.

According to the JD Power and Associates Customer Satisfaction report, 15% of those who buy flowers online have problems with the shipping process. That's more than twice that of online orders for things like apparel and shoes. ProFlowers.com ranked number one in that survey.  

But Sustaita thinks she'll forego using online companies when she orders flowers.

"It makes you stop and think what you're going to get," she said.

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Denver Airport Parking Lot Invaded by Rabbits

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Unfortunately for the security at Denver International Airport, furry troublemakers are invading their large parking lot.

Officials with the U.S. Agriculture Department's Wildlife Services in the Denver area claim that rabbits are chewing wires under the hoods of cars, according to the Los Angeles Times. The animals are causing hundreds and sometimes thousands of dollars in damage.

Although officials have been removing 100 rabbits from the area every month, the damage continues. The persistent presence of rabbits can be attributed to the fact that the airport is surrounded by a prairie and the rabbits look to the vehicles for warmth and food.

"They come to the recently driven cars for warmth, and once they're there, they find that many of the materials used for coating ignition cables are soy-based, and the rabbits find that quite tasty," Wiley Faris, a spokesman for the nearby Arapahoe Autotek repair center, said.

Apparently nearby apartment buildings have also been complaining about the animals. "A lot of people have called us," Faris said. "They return to their cars and either they won't start or they don't run well because the wires are all chewed up."

The perpetrators were identified by fur and pellets they left behind.
 
The damage the rabbits cause can be very serious due to repair costs that can run into the thousands and are often not covered by insurance. Airport officials also say parking permits specify that they are not responsible for damages, putting the burden on the driver.

"I see at least dozens every morning. They go hide under the cars, and the cars are warm," airport shuttle driver Michelle Anderson told CBS Denver.

Although the rabbits have caused problems, officials have only received a handful of complaints according to Laura Coale, a spokeswoman for the airport.

"We have 53 square miles of land," she said. "We had 4.3 million parking transactions in 2012, and we only received three claims. People are not coming to us. They go to the newspaper and say their damage happened here. Why here, versus any other place in Colorado?"

Officials are exploring ways to help solve the problem, including fencing, perches for hawks and eagles, and even coating wires with coyote urine.

"Predator urine is a good deterrent," Faris said. "Either coyotes or foxes. And you can pick it up at any professional hunting shop. That stuff can take care of the critter damage pretty quick."

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Miami Fugitive Shot, Killed by Police

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Days after he attacked a Miami-Dade police officer and escaped, fugitive Alberto Morales was shot and killed by police, according to Grapevine Police and the Southlake Department of Public Safety.

In a news conference early Saturday morning, police told NBC DFW that Morales was shot and killed around 12:25 a.m. in the 2200 block of Lake Ridge Drive near Grapevine Lake.

"With the use of the helicopter and the infrared capability of the helicopter, they (police) were able to identify someone in the woods not far from where the house was burglarized," Sergeant Robert Eberling, Grapevine PD. "Officers and members of the US Marshalls Fugitive Task Force responded to that area. They encountered Mr. Morales. He was shot and he is now deceased."

Officers Scout Vacant Homes for Morales

Police are following leads from the public in the continued manhunt for Miami fugitive Alberto Morales.

Police Going Door-to-Door in Search for Fugitive

Four days after he attacked a Miami-Dade police officer, fugitive Alberto Morales is still on the loose.

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The latest chain of events started when Grapevine Police responded to a burglary call at a home in the 2100 block of Forest Hills Road around 10:30 p.m on Friday. Officers said men's clothing and jewelry were missing.

The launch for Morales was launched. Grapevine Police said Morales was found hidden in a wooded area near Grapevine Lake. A Grapevine officer and two US Marshalls Fugitive Task Force Members encountered Morales and shot him while trying to apprehend him.

As of 3:25 a.m., police had not moved Morales' body. "It was apparent and clearly obvious today he was not interested in going to jail," said Chris Heisler, President of Founder of the Honor Network. "That essentially cost him his life by being a danger and a threat to our officers. So it's a great day for Texans being comfortable knowing that this guy is gone." 

The Southlake DPS Facebook page first tweeted the information shortly after 1:00 a.m.

On Thursday, federal agents went door-to-door in the neighborhoods near the Grapevine Wal-Mart, where they talked to homeowners and searched barns and sheds in the area.

Grapevine-area Constable Tim Burch is assisting in the search for Morales, who is considered armed and dangerous.

"He's had to have gone somewhere and gotten some clothes, you would think, or he's holed up in a barn somewhere or gained access to a home somewhere. Who knows?" Burch said then.

Investigators say, based on the time shown on surveillance video, Morales only had about a 10-minute head start on police after the attack.

The last confirmed sighting of Morales was soon after the Monday night attack, when construction workers spotted him running near the Kimball Avenue exit of state Highway 114 in Southlake.

Police had described Morales as a "dangerous" and "desperate" fugitive.

On Thursday, Grapevine police released a photo of a distinct tattoo of a Native American on a horse that Morales has on his left arm. Authorities also said that he was likely in new clothes and could be seeking food, water and shelter.

Morales Unchained

Up until Thursday, Grapevine police had told NBC 5 they believed Morales could still have been in shackles when he escaped but now say they believe the felon may have disabled the restraints before the escape.

Burch told NBC DFW that the shackles used in prisoner transport are difficult to free oneself from.

"A transport belt, if used properly, in the many years I've been in law enforcement, I haven't seen anybody get loose from one of them," Burch said.

Miami-Dade police said there will be a full investigation into how Morales escaped from his shackles.

Officials: "He's Not Going Back to Prison"

Grapevine officer Robert Eberling said inmates who knew Morales in prison have told investigators that he had vowed not to return.

"He's made it pretty clear that he's not going back to prison," Eberling said.

On a recording of a 911 call released Wednesday, Pardinas can be heard breathing heavily as he tells the operator that he's been stabbed. He described Morales' height, weight and appearance and then added: "He's a schizophrenic."

On another 911 call, a bystander told the operator: "There's a guy with a gun and somebody on the floor bleeding." The caller than clarified that "the guy with the gun is helping the guy that's bleeding."

Pardinas was accompanied by Miami-Dade Detective David Carrero during the transfer. They flew to Houston with Morales and then decided to drive the rest of the way after he became disruptive on the flight.

They had stopped near the Wal-Mart while waiting for a third officer who was flying in to the Dallas area join them. Department policy requires three officers to be present for ground transfers of prisoners.

Pardinas, 54, remained hospitalized in Dallas on Wednesday after undergoing surgery. He's "making progress" and expected recover, a Miami-Dade police spokesman said.

In a news conference at Parkland Hospital Wednesday, authorities said Pardinas was stabbed very deeply in the neck and back and that he suffered a collapsed lung.  While his condition is improving, he is still listed in serious but stable condition.

Pardinas and Carrero were taking Morales to Nevada to serve a sentence of 30 years to life for a conviction of sexual assault with a weapon.

"We're really relieved for the citizens of this community. We knew we had a dangerous individual out there on the streets. And he was capable of being extremely violent. That is what we're relieved of," said Sgt. Eberling.

This report compiled from several NBC 5 reporters covering the story.

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Fireball Streaks Across Bay Area Sky

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Jodi Hernandez reports on the cosmic close encounter that the earth is experiencing tonight and the real one Russia experienced this morning.

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On a day that had a lot of people talking about meteorites and asteroids, a fireball of some sort was seen streaking across the Bay Area skies.

The fireball was seen around 7:45 p.m.

Sightings of the fireball were reported across the Bay Area and large areas of the West Coast.

It was bluish in color and appeared to be heading straight to the ground, according to one viewer in Santa Clara which is located in the center of Silicon Valley.

Meteors are pieces of rock and metal from space that fall to Earth. They burn up as they go through Earth's atmosphere, which is what apparently  caused tonight's bright flash of light.

"I saw that meteor/fireball over Solano County after spending the day reporting on asteroids and fireballs," said NBC Bay Area reporter Jodi Hernandez.

Candice Guruwaiya told NBC Bay Area on Facebook she saw it in San Jose, located in the south end of San Francisco Bay. "I was leaving Safeway on Branham and Snell when I saw it. It looked like it was headed for the Capital Auto Mall area. It was a bright green when it first appeared, then it went to a bright yellow. It was awesome!" Guruwaiya posted.

Gina Johnson also saw it in San Jose. She also posted on NBC Bay Area Facebook page that she had just walked out of a food market. "It looked just like the one I saw back in October except it was a little smaller. It was greenish in color just like the one on October. Everyone in the parking lot stopped and looked at it," Johnson posted

It comes on the same night a 150-foot-wide asteroid was due to come within 17,200 miles of Earth. It was not immediately clear if the fireball had any connection to the asteroid.

Chabot astronomers in Oakland said the meteor was not related to the asteroid passing near Earth.

Gerald McKeegan, an astronomer at Chabot Space and Science Center in Oakland, said he did not see it, but based on accounts he thinks it was a "sporadic meteor." Sporadic meteors bring as much as 15,000 tons of space debris to Earth each year, according to McKeegan. 

He said it was likely smaller than another meteor that landed in the Bay Area in October, which caused a loud sonic boom as it fell.

It also happened about 24 hours after a huge meteorite fell from the skies over Russia's Chelyabinsk region, resulting in a powerful blast that injured nearly 1,000 people and shattered windows across the area.

Chelyabinsk health chief Marina Moskvicheva told the Russian news agency Interfax that 985 people in her city asked for medical help and 43 were hospitalized.

Many of the injuries were reportedly from broken windows as a result of a sonic boom that followed the initial impact of the meteorite.

Someone posted the following on YouTube within an hour of the fireball sighting.

The video was titled "Shooting Star across San Francisco 2/15/2013 7:44PM."  The person who posted it said he was driving south on I-280 toward the peninsula.

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