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Railroad Project Clogs Arlington Streets

Written By Unknown on Sabtu, 19 Januari 2013 | 20.41

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After weeks of warning, the road closures for railroad upgrades have begun in Arlington.

Several major railroad crossing will be closed for several days as Union Pacific Railroad crews work on portions of the tracks that split Arlington in half.

Davis, Cooper, Center and Mesquite streets were up on Friday. The Collins Street crossing is expected to close Saturday.

Each will be closed for several days. Click here for the latest updates on road closures.

University of Texas at Arlington nursing student Jenny Beaty said traffic was terrible.

"I tried to take Davis [Street] to UTA -- closed," she said. "Got on Cooper [Street]; Cooper is closed. Finally, I made my way to a street that goes under -- West [Street] -- and that was just bumper to bumper the entire way," she said.

"It's pretty crazy. You can't get through it. It's sort of a pain," said Sayem Huq, a UTA student who daily uses the Cooper Street crossing.

Drivers can expect the simultaneous closures of railroad crossings for several days, with even more roads to follow as crews upgrade the tracks.

One driver said it's just more annoying than anything else.

"It's just a hassle," she said, while waiting at a light in gridlock traffic on Division Street, part of the Cooper Street detour.

To ease the pain, Arlington police officers were out pointing drivers in the direction of detours and alternate routes.

"Arlington PD always does a good job," another driver said.

Despite several weeks worth of warnings from the city, the closures still some drivers off-guard.

"I'm a busy nursing student, always driving around places," Beaty said. "I guess I'm going to have to keep a map on me, because I don't know how to get around now."

The city suggests that drivers plan ahead and be patient and follow the detour signs if all else fails.


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Lawmaker Wants to Make WNV Fight Easier

Omar Villafranca, NBC 5 News

A North Texas lawmaker wants to make it easier for health officials to fight the outbreak of West Nile virus in stagnant water at abandoned homes.

Lawmaker Wants to Fight West Nile at...

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A North Texas lawmaker wants to give health officials some legal cover when fighting the West Nile virus on certain properties.

State Sen. John Carona wants to make it legal for health officials to search out and treat stagnant pools of water at abandoned or foreclosed homes. Stagnant pools of water are breeding grounds for mosquitoes carrying the West Nile Virus.

If health workers do go on the property, a note would have to be posted on the home's front door letting the owner or caretaker know which agency came on the property, the date and purpose of the treatment, as well as disclosure of the type of larvicide and effect of the chemical.

"This is an important health and safety issue, and the Dallas County Department of Health and Human Services requested that I file this legislation," Carona said in a statement to NBC 5.

"The Dallas-Fort Worth area saw a record number of West Nile virus cases in 2012. Dallas County determined that homes that had been abandoned or foreclosed and that contained water features or pools were a breeding ground for mosquitoes that carry the disease. The county and city need authority to treat these properties, and Senate Bill 186 will give them that authority by allowing them to treat stagnant water with a mosquito larvicide in homes that have been abandoned or foreclosed," Carona's statement continued.

In a statement to NBC 5, Dallas County Judge Clay Jenkins said he supports the measure as a tool to fight West Nile virus.

"The most effective treatment for mosquito eradication is to kill them before they hatch by applying larvicide to standing water. Standing water in vacant or abandoned property becomes mosquito breeding grounds. This bill adds an important tool to fight the West Nile virus," Jenkins said.

More: Read SB 186

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Oratory Skills Showdown in Dallas

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Elementary schoolchildren showed off their oratory skills on Friday.

Eight finalists for the 21st annual Gardere MLK Jr. Oratory competition presented original speeches in front of a packed audience at the Majestic Theater in Dallas.

Each finalist answered this year's question for this annual oral showdown honoring Dr. Martin Luther King Jr.: "If you could talk directly to Dr. King about your dream for our future, what would you tell him?"

The fourth- and fifth-graders tackled the realities and hardships of daily life.

"I hate the fact that babies, little kids, families and the elderly have to go without eating because they can't afford to buy food," said Karyme Herrera, a fourth-grader at Frederick Douglass Elementary School.

They also discussed their idea of a perfect future.

"I have a dream that this world will be drug-free, unemployment-free," said Ahmad Crawford, a fourth-grader at Thomas L. Marsalis Elementary School.

For this year's winner, Chinelo King, it's gratitude toward the civil rights leader. He also took the time to highlight future aspirations of his own.

"I dream of becoming an engineer of mankind, an architect of great scholars and contractor of community service," said King, a fourth-grader at John Neely Bryan Elementary School.

King's parents and seven siblings supported him throughout the process.

"It was even more rewarding seeing him work on his speech," said Hamah King, his father. "The work ethic that he put forward really makes me proud."

How did King overcome his nervousness Friday?

"I just saw it, relaxed, and all the butterflies just went away," King said.

King won a $1,000 prize, and the rest of the finalists received a monetary gift in different amounts.

The annual competition is presented, hosted and sponsored by Gardere Wynne Sewell LLP and the Dallas Independent School District.


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Culture of Violence Must Change, Says Martin Luther King III

Martin Luther King III had a crowd attending the YMCA's event at First Baptist Church in Fort Lauderdale listening closely Friday. Will Davies said his appearance "was really quite a moment."

Culture of Violence Must Change: MLK III

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He looks, and sounds, a lot like his father.

"Even in life if it follows your lot to be a street sweeper, why, go on and sweep streets like Michelangelo carved marble," Martin Luther King III said.

He was the guest speaker Friday at an inspirational breakfast meeting of the YMCA of Broward County, Florida – just days before the national holiday marking Martin Luther King Jr.'s birthday.

The civil rights leader was gunned down in 1968, when his son was just 10 years old. King III has dedicated his life to spreading his father's message of peace, love and equality.

The 500 people at the event at First Baptist Church in Fort Lauderdale clung to his words – about how each American must have justice, health care and a home, and every child a great education.

King III pointed out that we live in a culture of violence – and said it is vital that we change that soon.

"My dad was trying to teach us not just about a culture of non-violence. Not only was he teaching us, but he lived that way. He taught us how to turn the other cheek," he said. "And in Birmingham in '63 – he was arrested over 39 times, and whenever he was arrested if you think about it, he and his team transformed our nation and it reverberates throughout our world, without using a gun, or a stick or a brick. But with the power of love and forgiveness."

Attendee Will Davies said King III's appearance "was really quite a moment."

"He was every bit the inspiration we'd hoped and he talked about the challenges we have, but more importantly how we can deal with them together. And the legacy of his father," Davies said.

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Miami Police Officer Convicted of Stealing From Dealers

Raul Iglesias, 40, pleaded not guilty to nine counts in federal court Friday after he was accused of planting cocaine on a suspect and stealing drugs and money from suspected dealers. Iglesias' attorney Richard Diaz and Javier Ortiz of the Miami Fraternal Order of Police discussed the case.

Miami Cop Accused of Planting...

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Miami Police Holding Gun Buy Back

Miami police officers hope you'll swap guns for gift certificates this Saturday. Sgt. Freddie Cruz talks about their gun buy back program.

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A Miami police sergeant who authorities say planted cocaine on a suspect and stole drugs and money from dealers has been convicted of civil rights violations, narcotics distribution conspiracy and obstruction of justice, the United States Attorney's Office said Friday.

Raul Iglesias, 40, who was with the Miami Police Department for 18 years, was found guilty by a jury after a two-week trial before U.S. District Judge Cecilia Altonaga, the Attorney's Office said.

"A law enforcement badge brings with it privileges and responsibilities," U.S. Attorney Wifredo Ferrer said in a statement. "Although it bestows on the bearer the trust and respect of the community, the bearer is expected to preserve that trust through his actions: by following the law, doing what is right, and seeking to do justice."

Ferrer said that Iglesias "did just the opposite: he broke the law by planting drugs on a private citizen, distributing drugs, obstructing justice, and making false statements." 

Iglesias ran the Central District's Crime Suppression unit, which targeted drug traffickers. Rick Diaz, the attorney who represented Iglesias, had defended his client, accusing undercover detectives and FBI agents of setting up Iglesias by planting incriminating evidence on him in a sting.

An indictment cited at least four dates when Iglesias allegedly stole or planted drugs, or lied to investigators. One date was Jan. 27, 2010, when Iglesias allegedly ordered two of his officers to search a man, and when no drugs were found, Iglesias allegedly asked his officers for some "throw-down dope" to plant on the man.

Iglesias was convicted of eight counts, including two civil rights violations, conspiracy to possess and possession with the intent to distribute cocaine and crack cocaine, obstruction of justice and making false official statements, the U.S. Attorney's Office said.  

Iglesias' sentencing is scheduled for March 28. He faces a maximum of up to 20 years in prison.

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AA Unveils Bold New Logo, Livery

Written By Unknown on Jumat, 18 Januari 2013 | 20.41

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Marketing Experts Weigh In on AA's New Look

Marketing experts say it's about time American Airlines updated its image.

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The world-famous silver bird of Fort Worth-based American Airlines is getting a bold new makeover.

American Airlines CEO Thomas Horton debuted the airline's new livery in a recorded video on the airline's website at 9 a.m. Thursday. Two hours later, Horton hosted a news conference at Dallas-Fort Worth International Airport, where a 737 with the new livery, pictured above, was on display.

The old livery, which has been in use since the 1960s, relied on the plane's metallic fuselage for much of its look, along with iconic red, white and blue stripes that stretched the length of the fuselage.

Instead, there will be a silver, mica-painted plane with an American flag emblazoned on the tail.

"Since the polished metal look was no longer an option [due to the composite skin of new aircraft on order], the importance of the paint selection became critical to honoring American's silver bird legacy," the airline said in a news release.

Ahead of the wings, the word American in big, thin gray letters along the fuselage will be easily read from the ground. Closer to the cockpit on both sides of the fuselage, the company's new eagle logo looks forward, toward the direction of travel. The look can be seen in the photo above and in the gallery to the below, left.

The new logo will debut on Jan. 31 with a flight from DFW to Brazil.

"Our new logo and livery are designed to reflect the passion for progress and the soaring spirit, which is uniquely American," said Virasb Vahidi, American's chief commercial officer. "Our core colors -- red, white and blue -- have been updated to reflect a more vibrant and welcoming spirit. The new tail, with stripes flying proudly, is a bold reflection of American's origin and name. And our new flight symbol, an updated eagle, incorporates the many icons that people have come to associate with American, including the 'A' and the star."

American hopes to have 25 to 30 percent of its fleet outfitted with the logo change by the end of year. By the end of next year, most of the fleet should be outfitted.

Horton said the timing of the new livery went well with shipments of the Boeing 777-300ER coming into service. A shipment of 59 Boeing 737s and 777s will become part of the fleet by the end of the year.

The airline also has composite aircraft on order -- the Boeing 787 and planes from Airbus.

"Since placing our landmark aircraft order in July of 2011, we've been building anticipation toward a moment in time when the outside of our aircraft reflects the progress we've made to modernize our airline on the inside," Horton said. "While we complete the evaluation of whether a merger can build on American's strengths, we remain steadfast in each step we take to renew our airline, a step we take with great respect for our name American. Today marks important progress in that journey as we unveil a new and updated look for the first time in more than 40 years."

The makeover comes at a time when the company is still evaluating whether a merger with US Airways could benefit the company. Even with a merger, some analysts believe the new look would help signify a reinvented American Airlines and a signal that the brand is here to stay.

"It's a new day and they are restructured, reimagined, reinvented, they certainly want their customers to know that," said Jeff Millet, of Holmes Millet Advertising.

After the reveal Thursday morning, travelers at DFW Airport said they liked the new look but said that what the airline does next to emerge from bankruptcy matters the most. The pilots and flight attendants unions shared the sentiment.

"We'd prefer that the focus be on fixing AA's systemic network, revenue and cultural problems rather any cosmetic issues such as painting schemes," Allied Pilots Association spokesman Tom Hoban said.

"APFA is excited about the change this means for our employer," said Leslie Mayo with the Association of Professional Flight Attendants. "We hope this rebranding is the first of many steps toward making American Airlines a company that we can be proud to work for and one that can grow and compete in today's marketplace. That can only happen with a merger inside bankruptcy. A merger is the best path forward for our company, our industry, the employees and the traveling public, and APFA hopes to celebrate an announcement shortly."

"We applaud our friends at American as the new brand elements and livery mark the culmination of a significant amount of work and coordination, and clearly those efforts have produced a compelling result," US Airways said in a statement. "As American continues its restructuring, today's announcement represents the ongoing evolution of both the brand and the company, and we look forward to seeing the new American brand across their planes and around the world."

Horton said Thursday that the switch to the new brand may take years to filter down to all planes, airports and terminals, but that the switch would happen soon at hubs in DFW, New York, Miami and Chicago.

DFW Airport's Terminal A will also feature the new look when it is complete in early February.

Editor's Note: An earlier version of this story incorrectly stated that the Boeing 777-300ER has a composite skin. The Boeing 777-300ER is an aluminum plane. NBC 5 regrets the error.

NBC 5's Kendra Lyn, Ray Villeda and Christina Miralla contributed to this report.

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YouTube Sensation Writes Her First Book

Christine Lee, NBC 5 Grand Prairie Reporter

Sarah Churman of Mansfield was born deaf but grabbed national headlines when video after she received a ear implant showed her hearing sound for the first time. Now she's written a book called "Powered On."

Sarah Churman Inspires Others

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A North Texas woman who was born profoundly deaf and now hears clearly in both ears has written a book in hopes of inspiring others.

Sarah Churman became a YouTube sensation in 2011 when video of her reaction to getting her first hearing device implant went viral.

She is signing her memoir in Mansfield this week.

Keith Craker drove from Mesquite to meet the woman he said inspired both him and his wife.

"If you're having a downer day, it feels like you're going to have a downer day forever. And one of the beautiful things about the video is that it shows you that every day, miracles do happen," he said.

Churman was born with genetic abnormality. In September 2011, an implanted hearing device allowed her to hear clearly in one ear. In March, her second ear received the same operation.

"They turned the other one on, and I realized, 'Oh my gosh, this is like 10,000 times better to have two instead of one,'" she said.

The mother of two said she now hears her children clearly.

"The morning after I was activated, I was sitting in the kitchen floor, crying, because I was watching them having a little tea party and listening to all their little antics between each other and stuff," Churman said.

She said it was a humbling experience to write her first book and document her journey.

"I try to blanket -- not just the hearing-impaired community, not just people with disabilities -- but just society in general," she said.

Churman also said companies are starting to include the pricey procedure -- which costs $30,000 per ear -- into their insurance plans. She said she hopes the trend will continue.

Churman will be signing copies of her book on Saturday from noon to 2 p.m. at the Texas Trust Credit Union located at 1900 Country Club Dr. in Mansfield.

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Former Haltom High Teacher Accused of Sex With Students

Ben Russell, NBC 5 News

Former Haltom High teacher Tonya Flink is accused of having sex with four of her students. She has been indicted is and is free on bond.

Teacher Indicted on Improper...

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A Tarrant County grand jury has indicted a former teacher at Haltom High School who is accused of having sex with four of her students.

According to a September 2011 search warrant, parents of a Haltom High graduate and former student of Tonya Flink reported to police that their son was living with her at her apartment. They told police that they believed the relationship began while their son was a senior in high school.

In the same month, investigators learned of other relationships, according to the warrant.

According to the report from police, the former student in question admitted that the relationship began when he would stay after school and Flink would help him with his grades. Flirting led to Flink "pushing herself onto him," according to police.

Flink would go on to tell the student that "she loved him," that she "liked young Hispanic kids like him" and that their eventual sexual relationship involved "everything you could imagine," police said in the warrant.

Police also reported that they found evidence that Flink made at least 850 phone calls to one of the students in question over a period of a few months. Investigators also reported that she bought clothes for some of them and that she went to the home of one of her students and secretly knocked on his back door so she could meet with him.

According to police, Flink resigned from her position as a computer technology teacher at Haltom High in August 2011, shortly before police began their initial investigation.

Flink went on to teach for a time at Carter Riverside High School in the Fort Worth Independent School District, but resigned from her position long before the district ever learned of her alleged involvement with students, a district representative said.

Flink, 39 is free after posting $10,000 bond. She is due in a Tarrant County courtroom next week, according to her attorney.

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1 Dead After Hit-and-Run in Johnson County

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Godley police are investigating a deadly hit-and-run along FM 2331 near CR 1230 Friday morning.

Police say they received a call at about 1:30 a.m. about a one-car crash. When officers arrived, they saw a woman, who'd been struck, in the road.

The person who hit her did not call 9-1-1 or stop to help. The hit-and-run is now a criminal case.

The woman was driving a Chevrolet pick-up when she lost control around a curb and rolled over in a field, according to authorities.

At this point, officials are not sure if she was ejected or walked away, but she was in the road when she was struck and killed.

Police say they have no witnesses at this point. 

Based on skid marks seen by officers, the driver that hit the woman might have been driving an 18-wheeler, according to police.

This happened on a two-lane undivided highway with no street lights.

The victim was a 49-year-old woman whose identity has not been released. 

Authorities say alcohol does not appear to be a factor.

DPS is also involved in the investigation.

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2 Shot, 1 Injured in Oak Cliff

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Authorities are serching for a gunman who shot two people and injured a third at a Dallas home Friday morning.

Police say a woman was leaving a home on the 2100 block of Stovall Drive in Oak Cliff at about 2:30 a.m. when she was approached by the gunman.

Authorities say the gunman had been trying to date the woman, who rejected his advances.

Two men went outside of the home to see what was going on. A fight soon erupted and then gunshots rang out.

Police determined that one man did all of the shooting, first with a handgun, then he returned with a semi-automatic rifle. Bullet holes were found in the home and approximately 19 shell casings are scattered in the street and yard of the home.

Shattered glass hit the woman in the head. She is speaking with investigators.

Paramedics say one of the men from inside of the home was shot several times all over his body. He is in surgery. 

The second man was shot in the leg, according to paramedics. He is expected to be OK.

There were two little girls and a teenager inside the home. They were not injured.

Police found a semi-automatic rifle down the street, but did not find the gunman or a friend who'd been with him. Police believe the shooter lives in the neighborhood.

The woman apparently didn't know his name.

Stay with NBC 5 News as we continue to learn more information.

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Texas Bill Would Ban a Federal Firearms Ban

Written By Unknown on Kamis, 17 Januari 2013 | 20.41

Omar Villafranca, NBC 5 News

Lawmakers in Austin are coming up with a plan to make it illegal to enforce any federal ban on semi-automatic firearms or gun magazine sizes.

Texas Considers Making Any...

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Texans have loved guns longer than the Lone Star State has been in the United States.

One Texas lawmaker is pushing to keep a possible federal ban on the purchase of certain firearms out of the state.

Rep. Steve Toth, R-The Woodlands, is authoring the Firearm Protection Act, which he says would "make any federal law banning semiautomatic firearms or limiting the size of gun magazines unenforceable within the state's boundaries."

The bill would also make it a felony to enforce any such federal law.

Toth told reporters that his phone and email has been inundated with calls of support.

"It's not going to be hard to get people behind this," he said. "The level of excitement is already there for it."

Gun owners and gun rights advocates say they like the idea.

"I am definitely in favor of keeping our firearms, keeping our magazines, keeping the right to bear arms," said Tom Mannewitz, who runs the Target Master gun store and range in Garland.

But Mannewitz said the bill has a long legal battle ahead.

"I say power to him on that point," he said. "I'm not sure a state can override government, but if it's possible, I think he's got something working for him."

Toth said he is aware of the legal issues that could face the bill but is prepared. He said he is asking Texas Attorney General Greg Abbott to look over the bill for legal hang-ups.

"There is this thing called the Supremacy Clause, but there also is this thing called the United States Constitution and the Second Amendment of the Constitution says that the government shouldn't make any laws regarding our firearms," he said.

The full text of the bill is not yet available.

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Third Drowning in Three Years in FW's Trinity Park

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Woman Drowns in Trinity River

The Fort Worth Fire Department pulled a woman's body from the Trinity River Wednesday afternoon after receiving calls of a woman yelling for help.

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A Fort Worth man whose wife drowned in the Trinity River in 2011 says more warning signs are needed after another woman died Wednesday in the same spot.

"I'd like to tell the city to do something about it, to put something bigger there," Gerardo Ladino said.

Ladino and his family were visiting Trinity Park when his 7-year-old son slipped into the river. His wife, Dania, jumped in to save him. The boy made it out, but she drowned. Ladino said he nearly drowned trying to save her.

On Wednesday, Fort Worth firefighters were called to the same area when office workers in a nearby building heard screams and saw someone struggling in the water.

When firefighters arrived, the woman was already under water. A dive team recovered her body.

The woman's identity wasn't immediately released. Fire department spokesman Lt. Tim Hardeman said the woman was in her late teens or early 20s.

She is the third person to die in the same area in less than three years. Many people walk across a rock dam which appears to be a walking path.

One sign on the bank of the river warns "Safety first, Watch your children." Another small sign, attached to the rocks themselves, is a symbol of a person walking with a circle and red line through it.

"I feel really sorry for the family that went through this today," Ladino said. "I don't have any words to tell them, especially when this should not be happening, I think."

City spokesman Bill Begley said no city officials were available to comment on the tragedy or whether the signs are enough. He also noted the river itself is owned by the Tarrant Regional Water District.

Water district spokesman Chad Lorance said the warning signs now in place are clear.

"There are inherent dangers when you're around any water," he said. "It can happen anywhere."

Ladino said the river looks deceptively calm but he quickly learned when he was trying to rescue his wife how powerful the water can be.

"The currents on the edge, it was pulling me under, so I had to let go of her to get my breath and pull myself out, too," he said.

In July 2010, a man drowned trying to save a 7-year-old girl whom he and his wife were trying to adopt. A passing bicyclist managed to save the man's wife and the girl.

"It's very slippery, and people will fall in," Hardeman said. "We do want people to know that is not a walkway."

Ladino said he hopes people are more cautious and called for stronger-worded warning signs.

"How many more is it going to take before they can understand this is dangerous?" he asked.

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Travis, Fiancee File Lawsuit Over Assault Charges

Ellen Goldberg, NBC 5 News

Country singer Randy Travis and his fiancee have filed a lawsuit against the two men they were arguing with in the simple assault case for which Travis is charged.

Travis Sues Over Assault Allegations

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Country singer Randy Travis is fighting back against assault charges.

Travis and his fiancee, Mary Beougher, have filed a lawsuit against two men they were arguing with in the parking lot of Prestonwood Baptist Church in Plano in August. Police cited Travis for simple assault in the incident.

Travis' attorney, Larry Friedman, said he filed the lawsuit on behalf of people who are bullied everywhere. Travis was protecting his fiancee's honor when he was cited, Friedman said.

According to the nine-page lawsuit filed Wednesday, Travis and Beougher were in the church parking lot to pick up her 15-year-old son from a camping trip.

Her estranged husband, Ritchie Beougher, a Plano dentist, and her brother, William Barnes Davis, pulled up behind the couple, according to the suit. Ritchie Beougher and Mary Beougher got out of their cars.

"Ritchie grabbed Mary by the arms and threw her up against his truck multiple times," the lawsuit states.

Travis then got out of his car and, according to the suit, "exchanged some choice words" with his fiancee's ex and brother.

The suit says that the brother wrestled Travis to the ground and held him there until a Plano police officer who was waiting in the parking lot arrived and arrested him.

The lawsuit says that Ritchie Beougher arranged for the officer to be in the parking lot because "he knew he was going to start a fight."

The lawsuit is seeking damages for bodily injury and civil conspiracy.

NBC 5 left a message for Ritchie Beougher at his dental office in Plano but did not hear back as of Wednesday night.

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One Injured in Arlington House Fire

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A Thursday morning house fire in Arlington injured one person, according to fire crews.

The fire started at about 1:25 a.m. in the 2400 block of Jo Lyn Lane. Linda Rivon, who lives next door, snapped a picture shortly after the fire started. The picture shows flames shooting through the top of the home.

An older man and woman were able to escape out the back door. Fire crews say the two are brother and sister, around 80 years old.

The man was suffering from smoke inhalation and was taken to the hospital. His injuries are not believed to be life threatening. The woman was not injured.

Firefighters say she woke up the man and helped him out of the home.

Firefighters say they do not know how the fire started. 

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"Aaron's Law" Would Tweak Hacking Law for Late Reddit Activist

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A Silicon Valley congresswoman took to Reddit this week to propose tweaking a computer fraud law used to prosecute Aaron Swartz, the Internet activist who committed suicide last week and had faced federal hacking charges.

Rep. Zoe Lofgren (D-Calif.) not only posted a draft of "Aaron's Law" on her website. She also posted a link on Reddit's blog about her proposal to change the 1984 Computer Fraud and Abuse Act (PDF) by excluding terms of service violations.

The legislation aims at helping "prevent what happened to Aaron from happening to other Internet users" by seeking to limit the "broad scope" of the act and the wire fraud statute, Lofgren wrote.

Lofgren argues the government inappropriately used vague language in the Computer Fraud and Abuse Act to apply Swartz's alleged actions to wire fraud.

"Using the law in this way could criminalize many everyday activities and allow for outlandishly severe penalties," she wrote in the Reddit post.

Her proposal is a narrow one: It would amend the CFAA to exclude terms of service violations, so that it would no longer be a crime to violate a term of service by, for instance, using a fake name on Facebook or downloading more material than is allowed.

"His family's statement about this speaks volumes about the inappropriate efforts undertaken by the U.S. government," Lofgren wrote on the Reddit post.

Swartz's father on Tuesday blamed the government for his son's death, arguing the feds "hounded" him.

"He was killed by the government, and MIT betrayed all of its basic principles," Robert Swartz said Tuesday in Highland Park, Ill., as his son was laid to rest at the family's suburban Chicago synagogue.

"There's no way to reverse the tragedy of Aaron's death, but we can work to prevent a repeat of the abuses of power he experienced," Lofgren said in her Reddit post.

Swartz, who help create Reddit and RSS, the technology behind blogs, podcasts and other web-based subscription services, was found dead on Friday in his Brooklyn, N.Y., apartment.

He faced decades in prison amid federal charges he illegally gained access to articles from a Massachusetts Institute of Technology computer archive. His family blamed his death on "prosecutorial overreach."

Prosecutors alleged that he had violated JSTOR's terms of service by using automated programs and downloaded more articles than allowed. Lofgren's bill, if it passes, would forbid these allegations from being criminal charges.

In fact, JSTOR had urged federal prosecutors to drop their case, which hinged on Swartz violating the terms of service agreement with JSTOR for downloading too many articles at once.

Swartz had contended that JSTOR's fees limited access to academic work produced at American schools.

JSTOR announced this week that it would make more than 4.5 million articles publicly available for free.


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Anti-Doping Experts: Culture Must Change

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Anti-doping pioneer Don Catlin spent a quarter century trying to catch athletes using performance-enhancing drugs, snaring many of the world's biggest cheaters -- but he never caught Lance Armstrong.

Catlin figures he must have analyzed about 50 of Armstrong's urine samples at his UCLA lab over the years, and the seven-time Tour de France winner, the most scrutinized athlete on Earth, always turned up clean.

"That's fairly disturbing," Catlin said a couple days before Armstrong's doping confession was to air on prime-time television. "We thought we had a good program."

How Armstrong's "Blood Doping" Went Unnoticed

After years of vehemently denying the charges, Lance Armstrong admitted to doping in an interview with Oprah Winfrey. It is believed Armstrong participated in "blood doping," which improves stamina but not strength by boosting red blood cells in the body and is difficult to prove. Dr. Bruce Hensel reports for the NBC4 News at 5 p.m. on Jan. 15, 2013.

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Going after dopers is an exercise in endless frustration, because unscrupulous athletes will always find new drugs and new methods to beat tests, and sports organizations have too much to lose by allowing stringent inspections. That is why Catlin, a chemist, has moved beyond the endless game of cat-and-mouse, and thinks the rest of the world should, too.

Testing holds a necessary place in anti-doping efforts, he says, but science alone can't solve sports' problems. The chase will never be won—and sports will never really be cleansed—unless the focus shifts toward a voluntary system that rewards honest athletes while pressuring the dirty ones to change their ways.

Kind of like peer pressure for jocks.

"That's what it's been criticized for, and to that I say, 'Nothing much works these days,'" Catlin said.

Case in point is Armstrong, who fooled authorities for a decade before the U.S. Anti-Doping Agency released a mountain of evidence against him last year and accused him of running "the most sophisticated, professionalized and successful doping program that sport has ever seen." A month earlier, his former U.S. Postal Service teammate, Tyler Hamilton, published a book about how they got away with it.

"Very scary stuff," Catlin said.

Catlin got out of the testing business six years ago, ending a 25-year career at UCLA's Olympic Analytical Lab, which he built into one of the world's premier testing facilities. The lab broke open the Bay Area Laboratory Cooperative, which was linked to many elite athletes, including track star Marion Jones and San Francisco Giants slugger Barry Bonds, by discovering the designer steroid THG. Catlin later developed a test that was used to catch Olympic gold medal sprinter Justin Gatlin with unnatural levels of testosterone.

His lab also specialized in detecting the blood-oxygen booster EPO, which Armstrong is accused of using.

Catlin left his lab in 2007 to develop the nonprofit Anti-Doping Research Institute in Los Angeles.

"The cause is good, but after 25 years you know everything about the field, and you don't see it going away," Catlin said. "You see doping staying forever and that's frustrating. You try to figure out as I'm doing now better approaches to take the problem from very different ways."

University of Texas doping historian John Hoberman doesn't know Catlin, but, he, too, believes that the only way to save sport from doping is to reform its culture. He advocates for a refocusing on "the human chemistry" of the scourge.

The most formidable obstacle to clean competition, Hoberman says, is a kind of institutional corruption in which members of groups that profit from the "sports entertainment industry" are implicitly or explicitly allowing doping to happen. To these organizations, the "appearance of compliance" with World Anti-Doping Agency codes is enough.

"The other aspect of this is the many national and international sports officials who should be good guys, and aren't," Hoberman said.

That is why Hoberman hopes that Armstrong—who arguably knows more about doping than any of his accusers—will implicate top cycling officials in his confession. That could help spark an unprecedented reform effort.

"If you can get everything out of him, you can make extraordinary inroads in improving the culture," Hoberman said.

But even with Armstrong's confession, neither Hoberman nor Catlin are idealistic enough to believe that doping is ever going to end.

"This is not the last they're going to see of (someone like) Armstrong," Catlin said. "Look at his story and ask: Could this (still) be going on today? The answer is yes."

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Plano ISD to Add Armed Guards to Every Campus

Written By Unknown on Rabu, 16 Januari 2013 | 20.41

Ellen Goldberg, NBC 5 News

A multimillion-dollar plan to put armed guards at every Plano ISD school has overwhelming support from school board members.

Plano ISD to Add Armed School Guards

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The Plano school district unveiled a plan to put armed guards at every school in the district.

The multimillion-dollar proposal was met with overwhelming support from school board members.

The plan calls for private, armed security guards at all 72 campuses in the Plano Independent School District and, perhaps, even two armed guards on senior high school campuses.

As it stands now, only Plano high and senior high schools have a police presence -- liaisons from the Plano Police Department.

Superintendent Richard Matkin said additional guards would provide an immediate response to any type of security threat on campus in the wake of the school shooting in Connecticut.

The district estimates the plan to put armed guards on every elementary, middle and high school campus would cost anywhere from $2.2 million to $2.7 million, which is double the district's current budget for security.

The district hopes the Legislature will step in and help with the funding. If not, it plans to turn to taxpayers.

"When we sat down the day after the incident with the police chief and said, 'What's the most important way to make sure you have done everything you can to protect your campuses?' and he said, 'An armed guard in your building' -- that's all they needed to say to me," Matkin said.

The next step for the school district is to solicit bids for as many as 75 security positions.

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Flu Leads to More 911 Calls

Ben Russell, NBC 5 News

MedStar says it is receiving more calls because of the current flu outbreak.

More Calls to 911 With Flu Outbreak

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Fort Worth's ambulance service says it is seeing a dramatic rise in 911 calls because of the flu.

MedStar EMS said it averaged 267 calls per day in December, but the average daily call volume in the first nine days of January has been 299 calls -- a 12.1 percent increase. The daily average is also 15.8 percent higher than in January of last year.

And calls that were potentially flu-related -- for breathing problems, chest pain and for a sick person -- were up by double digits, MedStar said. Calls relating to headaches were up by 111.1 percent.

"We encourage people to call 911, because if they think they're having an emergency, we really need to respond to them," MedStar spokesman Mike Zavadsky said. "But we may modify the type of response that we're sending to them because of the dramatic increase in call volume."

MedStar has increased staffing to handle the high volume of calls.

A screening program that the ambulance service launched last year that sends non-emergency calls to a nurse to determine if the caller needs an ambulance also has seen a sharp increase in activity, MedStar said.

MedStar said more people in emergency rooms is also affecting response times.

"Not only has our response volume increased, but many more patients are seeking care in our area emergency rooms overall, which consumes emergency room bed availability," Mike D'Agostino, MedStar director of operations, said in a press release. "This is having a dual impact since it sometimes takes longer for our crews to transfer care to the emergency room staff."

NBC 5's Ben Russell contributed to this report.

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Road Crew Fixes Collin County Potholes

Kevin Cokely, NBC 5 News

A road crew in McKinney is filling in the potholes that have popped up since Tuesday morning.

Road Crew on Pothole Patrol

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Cold, wet weather is perfect for making potholes, and a state road crew in Collin County spent the night filling in the potholes that popped up Tuesday.

Workers are concentrating on U.S. 380 through McKinney and U.S. 78 through Wylie, especially in construction areas.

"Temporary pavement isn't meant to last forever, and it gets cracks and [there's] lots of traffic up there and construction going on, and so water will seep into those cracks and, of course, just the cold will make the pavement surface contract and expand," said Michelle Releford, Texas Department of Transportation spokeswoman.

"The water gets in there and freezes, and it pops," she said. "If there's any kind of crack or any kind of indentation already starting, then that expansion will make it pop right out, and if it's significant enough, then we get out after it just as soon as we can."

TxDOT crews are also keeping an eye on any wet spots that may freeze overnight.

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Commuters Beware: Icy Patches Remain on Roads

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Cold temperatures on Wednesday mean wet spots on the roads left by Tuesday's storm can quickly turn to ice.

Texas Department of Transportation trucks are loaded up with sand and hit the roads to treat those slippery spots. For the most part, roads are clear. Crews are warning commuters not to get overly confident or accidents can happen.

The driver of an SUV lost control at about 2 a.m. Wednesday on an icy patch on northbound Central near McCommas and Mockingbird. 

The SUV spun out and hit the wall. No one was seriously injured.

TxDOT sand crews are out cruising around the seven county area and responding to complaints about slippery spots. They're also sanding the typical hot spots like Woodall Rogers and the High Five.

Any sand dispensed, quickly gets picked up by tires. Workers expect it will be an ongoing process all morning.

Crews are working 12 hour shifts. 

About half of the 175 trucks were deployed in Tuesday's storm. There are fewer crews working the roads on Wednesday.

The North Texas Tollway Authority plows and trucks are also on standby at the Dallas North Tollway.

Drivers are urged to slow down and allow extra room between cars.
 

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Man Who Kept Sandy Hook Students Safe Getting Harassed: Report

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Gene Rosen gestures as he speaks during an interview with the Associated Press, Monday, Dec. 17, 2012 in Newtown, Conn. On the day of the shooting, Rosen took in four girls and two boys that were sitting at the end of his driveway; they had just run from the school, among the first to escape Friday�s deadly shooting. He ran upstairs and grabbed an armful of stuffed animals he kept there. He gave those to the children, along with some fruit juice and sat with them as the two boys described seeing their teacher being shot. (AP Photo/Mary Altaffer)

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The Newtown man who took six survivors of the Sandy Hook shooting into his home on the tragic morning of Dec. 14 is being harassed by conspiracy theorists, according to Salon.com.

Gene Rosen, a 69-year-old retired psychologist who lives across the street from Sandy Hook Elementary School, told Salon that he is getting phone calls and emails accusing him of lying when he shared his story of taking four girls and two boys into his home after the shooting.

As he was leaving his house on the morning of Dec. 14, he saw the children from Victoria Soto's class sitting at the end of his driveway. They had just run from the school to escape Adam Lanza, who shot and killed 20 first graders and six staff members, including their teacher. 

He took them in, gave them toys, listened to their stories and called their frantic parents, using cellphone numbers obtained from the school bus company.

He said he decided to talk to the media in the days after the shooting to tell stories of the children's bravery and to help himself get through the tragedy, he told Salon.

After those interviews, conspiracy theorists began harassing him and setting up fake accounts in his name, according to Salon.

"I don't know what to do," Rosen told Salon. "I'm getting hang up calls, I'm getting some calls, I'm getting emails with, not direct threats, but accusations that I'm lying, that I'm a crisis actor, 'how much am I being paid?'"

Rosen told Salon he is not sure what recourse he has, but there is a sense of rage when he hears the allegations of lies or hears someone mention a conspiracy.

But then there are the well-wishers who praise what he did for the children, and he hopes that they "continue to be the majority."

 

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State-Funded Gun Training for Educators Proposed

Written By Unknown on Selasa, 15 Januari 2013 | 20.41

Omar Villafranca, NBC 5 News

Some Texas lawmakers want to allow Texas school teachers to carry a gun into the classroom. The State Senate is drafting a bill that would use taxpayer money to pay for gun training for teachers.

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Reading, writing and revolvers could become a reality in the classroom for Texas teachers, and Lt. Gov. David Dewhurst is backing the idea.

On Friday, Dewhurst told a crowd at a Texas Public Policy Foundation event that he is asking the Texas Senate to consider using taxpayer money to pay for school workers to go through training to bring a concealed handgun to class. Dewhurst said school districts would choose which school employees would be eligible to bring the weapon to class, which could mean a janitor, a teacher or even a principal.

"With the increased violence we've seen in public schools in recent years, we must do everything we can to protect the safety and well-being of our most precious possession -- our children," Dewhurst said in a statement.

Dewhurst has asked Sen. Dan Patrick and Sen. Craig Estes to hold hearing and look at other safety measures.

Some teacher advocacy groups aren't thrilled with the idea.

"I think, quite frankly, it's too much," said Rena Honea, head of Alliance-AFT in Dallas. "Teachers go into education because they want to make a difference in the lives of the child. Their primary responsibility is the education of that student."

Honea said one of the reasons her organization doesn't support the idea is that there is too much room for errors and accidents.

"If a child were to be able to get a hold of that gun -- whether it be curiosity or an intentional thing; say it was an older student, an innocent child or an innocent bystander or a school employee -- their life could be lost," she said.

Honea said the state money could be used to protect schools in other ways.

"I would much rather see those dollars put into training to fund having someone professionally trained to handle that on every campus," she said.

Honea said some teachers might support the measure.

Steven Poole with the United Educators Association, which advocates for teachers in Tarrant County, said his group doesn't like the idea either. He said the push for school safety is coming from lawmakers, not teachers.

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Family Brings Baseball to Ethiopian Village

Mola Lenghi, NBC 5 Arlington Reporter

A little league group joined an Arlington family in taking America's national past-time to an impoverished village in Ethiopia.

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An Arlington family and a local little league group brought America's national pastime to a remote village in Ethiopia.

Moody Alexander and a team of family and friends to Ethiopia to provide medical, educational and religious services to the village of Duba Bute, where his adopted son, Easyu, was born.

"The first time we went, we had to walk an hour just to get there," Alexander said. "It's where there's no electricity, no running water, no appreciable schools."

Two of his sons pitched the idea of bringing baseball.

"Two nights before we left, we put out a little plea saying, 'We're going to Africa. Let's take some baseball equipment.' Within 12 hours, our living room was completely full of gear," Alexander said.

The Arlington Southwest Little League donated several containers full of baseball equipment.

"Never in their life had they seen a glove, never in their life had they seen a bat, which was a little frightening -- you're taking these bats and we're trying to teach them, it's just for balls," Alexander joked.

"For them to get to go and experience joy and laughter and fun is a pretty dramatic opportunity for them," he said. "A little distraction like the love of sport can be a remarkable thing for a child that is struggling to eat and struggling to have clothes."

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Family Looking for Driver in Hit-and-Run Crash

Tammy Mutasa, NBC 5 Garland Reporter

A North Texas family is searching for answers in the deadly hit and run driver who killed 68-year-old Jerry McAnally the day before Christmas Eve.

Family Searches for Answers in Deadly...

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The family of a 68-year-old Air Force veteran is asking for the public's help in finding the person who hit and killed him the day before Christmas Eve.

A driver hit hit 68-year-old Jerry McAnally on Dec. 23, killing him instantly, and then drove away.

McAnally was trying to cross Garland Road at Peavy Road to catch a bus when the crash happened.

"We just want justice; justice is the main thing," said Joyce McAnally, the victim's sister. "Anyone who would do that is cold-hearted."

"We don't care about them being punished," brother Terry McAnally said. "We'd just like to know who it is and put a final closure to it."

Another driver found McAnally lying near a concrete median and called 911.

"He did not deserve to die like that -- no one does," Joyce McAnally said.

Police have very little information in the case because the driver left the scene and no witnesses have come forward.

"They could have been going a 100 miles an hour; we don't know that," Terry McAnally said. "They could have been drunk; we don't know."

Anyone with information is asked to call Dallas police at 214-670-5817 or Crime Stoppers at 1-877-373-8477.

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Parkland to Parents: Don't Bring Kids During Visits

Ben Russell, NBC 5 News

Parkland Hospital is asking parents not to bring children to the hospital unless necessary as part of its effort to prevent the spread of the flu.

Parkland Visitors Asked to Leave Kids at...

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Parkland Memorial Hospital in Dallas is asking parents not to bring their children along when they visit the facility.

"We're asking parents to think before they bring their kids to the hospital about whether or not they really need to be there," said Janet Glowicz, a nurse epidemiologist and the hospital's director of infection prevention.

The move is an effort to prevent the spread of the flu, hospital representatives said Monday evening.

"We're not going to bar anybody, so it's not a mandate," Glowicz said. "It's not a hard-and-fast rule. It's just something we want the public to think about."

"We want healthy children to stay healthy, and we want to focus our care on the sick folks," she said.

If a parent must bring their child with them into the emergency department, a hospital staff member may ask the parent if the child has had a cough or a fever. And if the answer to either question is yes, the staff member may ask the child to put a medical mask on, according to a hospital news release.

Parkland is currently awaiting delivery of more masks so they can provide all children, healthy or sick, with protection.

At least one parent did not need any extra warning from the hospital.

Maria Cerrato said she left her two children at home Monday while she visited a relative in the emergency department.

"And with the whole flu and everything going around, I wasn't going to risk them getting sick," she said.

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Opposition to New Condom Sense Store in Plano

Ellen Goldberg, NBC 5 News

A group of Plano residents oppose the opening of a Condom Sense store at Parker and Independence roads.

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Opponents to an adult novelty store set to open Tuesday in Plano are asking city leaders to prevent the store from opening.

Condom Sense is scheduled to open its newest location on Parker and Independence roads.

Opponents said they want the mayor and the City Council to use "common sense" and stop the owners from opening so close to churches, homes and schools.

"I've got students that don't need to be walking past this to go to the taco shop on the corner and catch the bus," said Marvin Effa, Bethany Christian School principal and Bethany Bible Church pastor. "They just don't need to be exposed to that."

City Manager Bruce Glasscock said the Condom Sense owners did not indicate it was a sexually oriented business when they applied for a permit.

Plano city ordinances prohibit sexually oriented businesses from opening within 3,000 feet of a church, school or residence.

"We have to do go in, we have to see what the business is and then they'll take the action that they deem appropriate," Glasscock said.

In order for the store to be considered a sexually oriented business, the bulk of its sales would have to come from pornographic magazines, videos or sex toys.

The owner of the store said he is concentrating sales on other items, such as dresses, shoes and lingerie.

"We'll go into that one Condom Sense when they're open for business," Glasscock said. "The police department will do an inspection, and if they determine they think in their opinion it's in violation, they'll bring that to the attention of the owners."

Neighborhood activist Patrice Hines protested the store at Monday night's City Council meeting with several signs. She vowed not to give up her fight.

"We may even picket the store," she said. "We haven't decided at this point what all we will do to get this business out of there."

The Condom Sense location is scheduled to open at 10 a.m. Tuesday. Its hours will be 10 a.m.-10 p.m.

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Sleet, Snow Falling Across North Texas

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A Winter Weather Advisory is in effect until 10 a.m. Tuesday. A batch of snow pellets, sleet and rain is moving through the Metroplex. Some icy spots may develop on area roads. Precipitation will end by late morning. The remainder of the day will be dry and cold.

Some schools have reported delayed start times Tuesday morning. Please check for school closings and delays here http://www.nbcdfw.com/weather/school-closings/.

There is a slight chance for another round of light wintry weather Wednesday night into Thursday morning.

TODAY:  Winter mix through morning, then mostly cloudy and cold.  High: 42.  Wind: N 10 mph.

TONIGHT:  Mostly cloudy and cold. Low: 27. Wind: N 5-10 mph.

WEDNESDAY:  Partly cloudy and cool. Late night winter mix possible.  High: 50.  Wind: NW 5-10 mph. 

THURSDAY:  Partly cloudy.  Low: 34.  High: 53.  Wind: N 10 mph. 

FRIDAY:  Sunny. Not as cold.  Low: 32.  High: 56.  Wind: S  5-10 mph. 

SATURDAY:  Sunny.  Low: 36.  High: 58.  Wind:  S 5-10 mph.

SUNDAY:  Partly cloudy.  Low 35.  High 55.  Wind:  NE 10 mph.

MONDAY, MLK DAY:  Mostly sunny.  Low 37.  High 51. 

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AA Asks for Another Extension on Business Plan

Written By Unknown on Senin, 14 Januari 2013 | 20.41

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The Fort Worth-based airline asked for an extension until April 1. It's the fifth time the carrier has asked to delay the process.

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American Airlines late Friday asked a bankruptcy judge for a delay in filing a business plan to emerge from restructuring -- a sign a consensual merger with US Airways is unlikely anytime soon.

The Fort Worth-based airline asked for an extension until April 1.

It's the fifth time the carrier has asked to delay the process.

American was joined in the request by the influential Unsecured Creditors' Committee, or UCC.

The airline has made "significant progress" in its restructuring effort but still needs more time, the company said.

"The work proceeds on many fronts concurrently, but is time and resource demanding, and therefore, additional time is necessary," the airline's attorneys wrote.

The board of directors of American's parent company, AMR Corp., met this week but made no announcements.

American Airlines Spokesperson Sean Collins released a statement on Friday afternoon:

"American has made significant progress in its restructuring. This work, while progressing well, takes time, and American and the unsecured creditors' committee believe that the proposed extension to April 1, 2013, is appropriate for this process to continue in an orderly and efficient manner."

Friday's request, filed as the bankruptcy court in New York closed for the day, is an indication the airline has chosen to continue to evaluate its options and has decided not to pursue an immediate merger with US Airways.

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Natural Gas Explosion Levels Lewisville Duplex

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A natural gas explosion destroyed a duplex in Lewisville hours after construction workers mistakenly cut a gas line.

The duplex behind the Lighthouse Pentecostal Church of God is owned by the Christian Community Actions, an organization that assists people who are in need.

The home exploded at 12:30 p.m., while crews were working to repair a gas leak. Construction workers mistakenly cut a 4-inch gas line in the area at about 10 a.m., investigators said.

Emergency crews at the time told NBC 5 they had the issue under control and that no evacuations were necessary. But fire officials later told another NBC 5 reporter that they had evacuated a block downwind of the gas leak.

The house that exploded was not included in the evacuations.

Atmos Energy said the cause of the explosion is under investigation.

Two Lewisville firefighters and a man who was inside the duplex at the time of the explosion were sent to area hospitals after the explosion, according to fire officials.

Witnesses said the explosion "felt like a bomb went off" and said they could feel the shock wave from blocks away.

"Honestly, I didn't see anything at first," said Danny Vigil, who lives in the area. "What I felt was a huge explosion. It was almost as if you were sitting in a movie, a big action movie -- you hear bombs going, that's what it sounded like."

"Pictures were rattling, falling onto the ground," he said. "The first thing I did was run out the front door -- ran all around because I thought some car hit our home. [I] ran to the back, I saw flames, smoke, debris in the air, shingles, branches. It was just an unbelievable sight."

"I was sitting at my desk whenever was a loud explosion," Dwayne Ryaman said. "[I] literally thought maybe an 18-wheeler had ran into my building at first."

"When I came out of my door, I immediately saw the black smoke and flames," he said. "I got a little bit closer to the scene, saw the debris that was strewn out in the middle of the street."

Debris covered the roadway in the 500 block of East Main Street in Lewisville. The road was shut down while emergency crews worked near the scene.

None of the surrounding homes or businesses were damaged in the explosion.

The man who was inside the duplex was critically injured and taken to Medical Center of Lewisville. He underwent surgery and was later airlifted to Medical Center of Plano, where he was in intensive care Friday night. He is expected to survive.

The injured firefighters were released from the hospital later Friday.

Crews are put out hot spots at the location of the explosion. Atmos Energy crews assisted, along with fire crews from Lewisville, The Colony and Carrollton.

NBC 5's Ellen Goldberg and Amanda Guerra contributed to this report.

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Police Look For Mother's Killer

Getty Images / Scott Olson

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Police want to know who killed the mother of a young boy in Grand Prairie.

The victim was found around 3:30 a.m. Sunday inside of her unit at The Claiborne Apartments near the 3400 block of North Highway 360. 

When the victim did not show up for work, a friend drove to the apartment and found the victim deceased.

Investigators said the woman was living with her 13-month old son who was later found with his father.

The boy is now in the care of grandparents.

Police have not made any arrests and do not know a motive for the killing.

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Dangers of Debit Cards for Travel

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Cruise lines and other travel-related businesses such as hotels and rental car companies often put holds on customers' credit and debit cards to ensure they get paid, but those holds can create account problems.

It happened to Dan Burns and his wife Michele. The couple saved and budgeted so they could spend their anniversary in high-style on the high seas aboard a Carnival Cruise. For a week, the North Texas pair enjoyed breathtaking sunsets from their private balcony outside their cabin. They visited Jamaica, Cozumel and the Cayman Islands.

"We had an absolutely fantastic time," Dan Burns said.

They paid in full for the cruise ahead of time except for their activities, excursions, souvenirs and some food and beverages. For that, they relied on Carnival's Sail and Sign account. It's Carnival's company-issued card for onboard purchases that is linked to a customer's credit or debit card.

Burns said he budgeted for these onboard expenses too and opted to pay his Sail and Sign account with his debit card instead of his credit card.

"I was not going to spend over a certain amount. And I didn't want to use a credit card because I did not want to have to pay for all this later," he said.

He said he had about $2,000 in his checking account. That should have been plenty to cover his more than $1,300 tab for onboard expenses. But soon after he returned home, he received a notification on his mobile phone that his account was overdrawn.

"I had no access to any money at all out of my checking account," he said.

Burns didn't realize the cruise company had placed holds on his account as he made purchases. The holds totaled more than $1,500. His account did not have enough to cover the holds and the original $1,300 bill. Essentially, the holds and the bill combined triggered an overdraft of his account.

"I couldn't buy groceries. I couldn't get gasoline," Burns said.

Gas stations, hotels, rental car companies and cruise ships are just a few types of businesses that place holds on credit and debit cards to make sure they get paid.

Carnival does disclose this policy on its website.

"If you presented a debit/check cashing card, the hold will restrict the available cash in your checking account," the website reads.

But Burns, a retired police officer, said he thought he did his homework. He said he even asked several Carnival agents about the hold policy, including one agent on board.

"She said, 'No, no, just whatever; at the end of the cruise, you'll get a bill,' which we did. And whatever is on your bill is what you owe them," he said. "I said, 'OK.' I felt, you know, everything was fine then."

The NBC 5 Investigates Consumer Unit reached out to Carnival. In a statement, the company pointed to bank policy:

When a guest reaches a certain threshold on their Sail & Sign card, Carnival's system automatically sends an electronic request to the bank with the amount generated to date and requests a confirmation that the funds are available in the guest's account. Once the bank confirms the funds are available they will hold the amount from the account, and as the guest continues to incur charges the process is repeated.

At the end of the cruise, Carnival will submit one cumulative charge to the bank. Since the holds are in individual increments and the charge is a lump sum, the bank does not use the funds it is holding to pay Carnival. The bank will see this as a new charge and process the payment and keep the holds pending. This may or may not put the guest in overdraft, depending on their total bank balance.

The bank will continue to hold the funds for a pre-determined time, based on the agreement signed by the customer and their bank at the time of opening an account. A vendor can ask the bank to release the funds. However, since the hold time is at the discretion of the bank they also have the right to decline a company's request to release the funds on hold at which point the guest should contact their bank directly.

Burns said he called Carnival, but a few of phone calls with the same agent eventually ran aground.

"They were willing to book my cruise and take my payment and all that, but they were not willing to answer any questions or work with me on this," Burns said.

He said his bank ultimately freed his funds, giving him access to his money until the holds were permanently lifted five days later.

"I'd much rather travel to always be put on credit," said Todd Mark, vice president of education at the Consumer Credit Counseling Service of Dallas. "It's a lot easier to dispute when you've got the credit card issuer on your side as opposed to it's your bank account, it's been opened up, and it has been taken hostage."

One cruise line even tells customers not to use debit cards for onboard purchases.

Plus, consumers can still have a budget with a credit card if they pay the bill on time and in full, Mark said. However, if opting for a debit card, allowing for a cushion -- a large one, in the case of travel -- may be best practice.

The Federal Trade Commission advises consumers to know their cards' hold policies. Ask the debit card issuer if holds are permitted, for how long and from what type of merchants. It's also a good idea to ask about overdraft policies.

Consider paying a hotel, rental car, cruise or other bills -- which may have a hold -- with the same credit or debit card you used at the beginning of the transaction. If you pay with a different card or method, let the merchant or clerk know that the payment method has changed and ask them to remove the hold on the other card promptly.

Also, if considering a new credit or debit card, shop around and ask issuers about their hold policies. Finally, realize a hold -- even on a credit card -- can affect your credit limit on that particular card. A hold can take two weeks or longer to be removed, depending on a bank's policy.

Burns said he'll use a credit card the next time he goes on a cruise.

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