Monthly Archives: December 2014

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D & S Shipley Donuts d/b/a Shipley’s Do-Nuts, a Katy-area franchise of Shipley’s Do-Nuts, violated federal anti-discrimination laws when it forced an employee whom it suspected of being pregnant, to take unpaid leave until she was cleared by a doctor indicating that she could work despite her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. When the employee failed to provide a release, and after she and her mother disputed the legality of the requirement, the employee was fired in retaliation.

The EEOC’s suit alleged that the owner of Shipley’s Do-Nuts confronted Brooke Foley based on informal reports by other employees that she was pregnant. In an impromptu meeting attended by two other employees, the owner asked Foley intrusive personal questions about whether she was pregnant, which Foley refused to answer. At that point, the owner took Foley off the schedule and told she could not return (and therefore not get paid), until she provided a doctor’s note allowing her to work and assuring Shipley’s she did not have a “high risk” pregnancy.

The lawsuit further alleged that the same day as the confrontation with the owner, Foley’s mother, acting on her daughter’s behalf, confronted the owner about the legality of the release requirement. The following day, Foley was fired by a supervisor over the phone alleging she failed to report to work, despite her having been removed from the schedule.

Such alleged actions violate Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, which prohibits employers from discriminating against employees on the basis of sex or pregnancy and also prohibits retaliation against an employer for opposing an illegal workplace practice. The EEOC filed suit (Civil Action No. 4:14-cv-03712) in U.S. District Court for the Southern District of Texas, Houston Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The EEOC seeks an injunction, back pay with pre-judgment interest, reinstatement, compensatory damages and punitive damages.

“The Pregnancy Discrimination Act ensures that female employees are not forced out of the workplace because of their pregnancy. The decision of whether a pregnant employee should remain gainfully employed during her pregnancy rests solely upon her,” said Martin Ebel, acting director of the EEOC’s Houston District Office.

Jim Sacher, EEOC’s regional attorney in Houston, explained, “The Supreme Court has made clear that the employee alone is responsible for making decisions that affect her safety and that of her future offspring. An employer who forces leave on a pregnant employee violates federal law. The law also prohibits retaliation against an employee for opposing unlawful attempts to interfere with that decision-making.”

Shipley’s Do-Nuts, the franchisor, has approximately 300 company-owned and franchised stores in Texas, Louisiana, Mississippi, Alabama, Arkansas and Tennessee. This Shipley’s franchise owns and operates at least three restaurants in or around Katy, Texas, a suburb of Houston.

THE COPS WANT HIM INVESTIGATED!

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The recent shooting death of another Black male in Texas City has prompted one Houston area man to lash out at the cops on social media.

The man, who we’re not identifying, posted his rant on Facebook.

He says f*#$ the police and assassinations start next week.

We have learned that post has been sent to Texas City and the LaMarque police departments for a possible investigation.

We will keep you updated on this case.

GALVESTON COUNTY IS PREPARING FOR NEW YEAR’S EVE DRUNK DRIVERS!

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GALVESTON, TX – Galveston County Criminal District Attorney Jack Roady announced today that his office will be working with law enforcement agencies across Galveston County in sponsoring No-Refusal operations for the upcoming New Year’s Eve.  According  to the Texas Department of Transportation, during last year’s holiday season (Dec. 1, 2013 – Jan. 1, 2014), there were 2,367 DUI-alcohol traffic crashes in Texas resulting in 763 serious injuries and 92 fatalities. While these figures are staggering, alcohol-related traffic fatalities actually decreased 8.9 percent compared with the same time frame the previous year.   “We’re always glad to see a reduction in alcohol-related traffic deaths,” Roady said.  “But we can never let our guard down.  New Year’s Eve can be a tempting time for those who would otherwise never consider drinking and driving.  There’s just no excuse for failing to plan a sober ride home.” In Texas, anyone driving with a blood alcohol concentration (BAC) of .08 grams per deciliter or higher is considered legally impaired. Under the No Refusal program, police officers may seek blood search warrants for offenders who are arrested for DWI and refuse the officer’s request for blood alcohol testing. Blood samples collected can be used as evidence in the DWI cases.   A DWI arrest and conviction in Texas can cost $17,000 or more:  fees include car towing and impoundment, bail, attorney fees, court costs, hearing and fees to regain and retain a driver’s license, DWI fines, probation costs, fees for extended proof of insurance, plus insurance rate hikes. Local judges will be available to make probable cause determinations and authorize the blood search warrants.  Prosecutors and nurses will also work through the night to assist police officers with these investigations.  #

THE CHRISTMAS DAY ROBBERS CAUGHT!

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On Thursday, December 25, 2014, at approximately 6:00 PM, Deputies with the Montgomery County Sheriff’s Office Patrol Division were dispatched to a robbery that had occurred at the Speedy Stop convenience store in the 25600 block of Interstate 45, in Spring, Texas.

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Upon Deputies arrival, the clerk reported that a male entered the business wearing a mask, brandishing a handgun, and demanding money.  The clerk complied with the actor’s demands and gave him an undisclosed amount of money. The actor then fled the store to a waiting car being driven by a female accomplice.

 

Arriving units searched the area for the suspects and suspect vehicle with no success.  Montgomery County Sheriff’s Office Major Crimes Units and Crime Scene Investigators responded to the location.  Surveillance video was recovered from the location.

 

On Friday, December 26, 2014, a Deputy on patrol recognized a possible suspect vehicle involved in the robbery from the prior evening.  The Deputy verified the description of the vehicle with Montgomery County Sheriff’s Office Major Crimes Detectives, who responded to the scene.  An investigation at that scene led to the arrest of both the male and female responsible from the previous day’s robbery.  Evidence was recovered from a local apartment and a remote location identifying the two suspects as the two persons involved in the robbery.

 

Arrested:

Jimmy Tran, (date of birth 1/16/1981)

Brenda Price, (date of birth 9/13/1978)

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STATEMENT BY THE OFFICE OF GEORGE H. W. BUSH (41)

President Bush’s condition has improved to the point that doctors have begun discussing dates for his discharge. He will remain at the Houston Methodist Hospital through the weekend for further observation.

HOUSTON POLICE CHIEF’S STATEMENT ON GRAND JURY DECISION!

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A Harris County grand jury did not indict a Houston police officer in the January shooting death of Jordan Baker.

Here is the statement issued by HPD Chief Charles McClelland:

“We respect the grand jury’s decision in this case.  This is certainly a tragic and unfortunate incident for the officer involved and the family of Jordan Baker.  We will continue to evaluate our policies and training in an attempt to prevent these types of incidents in the future.  We are in the process of developing a new foot pursuit policy designed to protect officers and the citizens they encounter.  We place the highest priority on human life and we encourage anyone that has interactions with police to follow and obey the commands and instructions of officers.  There is always a proper place and time to contest your arrest or file a police complaint.  I have forwarded this investigation to the local office of the FBI for its review to ensure there are no civil rights violations.”

-Police Chief Charles A. McClelland, Jr.

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REMEMBER SHERLITA ROWE…THE MOTHER WITH SIX CHILDREN WHO WAS ABOUT TO SLEEP IN THE PARKING LOT OF MOTEL SIX WITH HER SIX CHILDREN?

THAT’S UNTIL THE COMMUNITY CAME TO HER RESCUE. 
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WELL, THE COPS ARE ALSO HELPING HER OUT AGAIN…

ROWE WAS DRIVING MONDAY IN HER WHITE MINIVAN WHEN SHE WAS PULLED OVER BY HPD. 

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THE OFFICER GAVE HER A TICKET FOR DRIVING WITHOUT A TEXAS LICENSE AND SHE FACED SEVERAL TICKETS FOR NOT HAVING HER CHILDREN IN SAAFETY SEATS…

WHEN A SUPERVISOR WAS CALLED TO THE SCENE ROWE WAS RECOGNIZED FROM HER REPORT HERE ON FOX 26. 

FROM THERE THE SUPERVISOR AND THE OFFICER TOOK ROWE ON A SHOPPING TRIP TO WALMART WHERE THEY PURCHASED HER TWO SAFETY SEATS FOR HER CAR, A NEW TIRE, AND OTHER THINGS. 

THE POLICE UNION IS ALSO PLANNING TO HIRE AN ATTORNEY TO TAKE CARE OF ROWE’S TICKET THE OFFICER GAVE HER BECAUSE ONCE A TICKET IS IN THE SYSTEM IT CAN’T BE PULLED OUT…

WAY TO GO OFFICERS…

THE VERY YOUNG GET AWAY DRIVER IN PORTER!

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A Sunday night shoplifting spree at the Porter Walmart ended with four damaged vehicles and a 15-year-old driver in the custody of the Precinct 4 Constable’s Office for holding a baby in her lap as she tried unsuccessfully to navigate their escape in a borrowed “getaway” car.

The trouble began around 7 p.m. when Walmart’s asset protection officers witnessed three black females concealing multiple items and proceeding to leave the store. The store employees attempted to intercept the shoplifters who ran toward a 2012 Chrysler 200 that was parked in a handicapped space.  That’s when a 15-year-old female, who was waiting in the car, jumped behind the wheel. She threw the vehicle into reverse, slamming into a parked car. She then put it in drive and spun the tires before crashing into two other vehicles. Her friends passed her and kept running toward the intersection of US 59 and FM 1314.
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The second vehicle struck was a pickup whose owner witnessed the entire incident, and became involved. He saw the teen bail out of the car and run after striking the third vehicle, and he was horrified to realize she was holding an infant the whole time.  The man began to chase the teen as she ran toward a nearby Whataburger restaurant, where he caught up with her and checked to make sure the baby was uninjured as deputies detained the teen. Turns out, the infant was the teen’s younger sister and the car belonged to her grandmother.  Precinct 4 deputies contacted the teen’s father who responded to the scene and took custody of the infant. He told deputies his daughter was supposed to be caring for the baby while he was away from the house. Her grandmother said she had no idea her car had been taken.
The 15-year-old was arrested and charged with Abandon / Endanger Child, Criminal Negligence. Because she is a juvenile, her identity is protected.
The other three suspects got away, but the investigation is continuing.

Precinct 4 Constable Kenneth “Rowdy” Hayden said people should stop assuming the Porter Walmart is an easy place to shoplift, just because it is a busy store.
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“The Porter Walmart has employees who are trained to spot shoplifters and they work with us every day,” Constable Hayden said. “A lot of times, they detain the shoplifters and we respond and take over, but sometimes the shoplifters take it to the next level, as in this case.”
“We’re usually able to respond quickly, but thanks to EMCID’s funding for extra patrols of the shopping areas during the holiday season, there’s always a Precinct 4 unit nearby, and possibly already in the parking lot,” he said. “In this case, we had a citizen who witnessed the incident and also became involved out of concern for the infant, who could have been seriously injured.”

“While we don’t advocate citizens attempting to apprehend criminals, this man’s actions should serve as a reminder that, unlike some places, there are still people in East County who care about their community and won’t look the other way when a crime is committed.”
Constable Hayden said his agency plans to hold the other three suspects accountable, and have them charged like the dozens of others arrested by the Precinct 4 Constable’s Office during holiday the annual EMCID funded shopping patrols.