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Posts published in “Day: June 21, 2012

Waste Pit meeting leaves unanswered questions

By Gilbert Hoffman


HIGHLANDS– Almost a hundred persons packed the social hall of the Methodist Church last Thursday evening, to hear the latest information on the toxic waste pits in the nearby San Jacinto River.

Making presentations were the TexansTogether advocacy group, and representatives from the federal Environmental Protection Agency, Dallas office. The meeting was called by the ad hoc San Jacinto River Coalition, represented by Sarah Davis, Jim Stouhall, Gary Wiggins, and others. Davis reminded the group that they have regular meetings on the second Thursday of every month, with the next meeting on July 12th at 7pm.

Also present, but not speaking, were representatives of the state TCEQ, state Health Department, Harris County Pollution Control Services, and Harris County Attorney’s office. Also attending were Scott Jones of the Galveston Bay Foundation, and their environmental consultant, recently hired, Jennifer Ronk, who will be advising them on technical matters.

This month’s meeting was especially relevant, because results of a new study commissioned by TexansTogether Education Fund (TTEF) were available and discussed. Mike Ruger presented a brief summary of the report, which had been carried out by Dr. Stephen King, a well-known and respected Houston area environmental toxicologist.

As reported by Ruger, Dr. King’s tests from September 2011 indicated that toxic levels of Dioxins and Furans had not diminished since 2005, even after the current containment cap had been put in place.

Based on testing of sediment, fish and oysters collected near the waste pit site, Dr. King recommended that “wading, swimming, fishing, crabbing and collecting of oysters and crabs should be banned.” In addition, aquatic life caught in the area should not be consumed, he said.

However, the presentation of current test results made by the EPA representatives differed from this study, and essentially came to a different conclusion. Donn Walters, Gary Miller, and Dr. Philip Turner of EPA presented slides and an analysis that indicated that their tests did not find any high level of toxins escaping into either the groundwater table or aquatic life, and no imminent health hazard. Levels of toxicity were deemed to be below those considered safe in normal environments, after the cap was put in place.

Miller said that EPA’s information was based on 240 sediment samples, some as deep as 10 feet, and 30 fish samples from three nearby areas. Sixteen additional soil borings taken in early May have not had test results reported yet, he said.

Miller made the point that the “cap” is continually monitored, and if a problem showed it was leaking, it would be immediately repaired with stockpiled material. EPA said that the current schedule is for studies to continue into 2013, and an “Action Plan” to be drafted and implemented in 2014, which could call for removal of the material.

Asked why Dioxin levels are similar to 10 years ago, Rock answered that “it may take 10 years for big reductions. The Cap is only one year old. Dioxin is sticky, and takes a while to dissipate.”

Guilty verdict in Huffman murder trial: Rodriguez receives life sentence

By Christine Nguyen


HOUSTON— Raul Rodriguez, 47, faces life in prison after jurors convicted him of murder on Wednesday, June 13, two years after a May 2010 confrontation over a noisy party in a Huffman neighborhood that led to the shooting death of 36-year-old Kelly Danaher, and shooting injuries of two other men.

Prosecutors rejected claims of self-defense, using a 22-minute video Rodriguez made during the confrontation as pivotal evidence to describe him as a “neighborhood bully” who initiated the dispute. Rodriguez, irritated by the loud noise coming from the party, approached Danaher’s house with a pistol, a video camera, and a flashlight, which he allegedly shined in the victims faces’ to provoke them.

On the video, Rodriguez is heard telling the partygoers to keep the noise down, and later on the phone with the police saying his life is in danger. The video then goes black after Danaher and two other men approach him. There is a laugh, then a gunshot, then the camera falls.

Defense attorney Neal Davis argued Rodriguez only had a “split second” to defend himself after being charged by Danaher and the other men, one of whom’s blood alcohol content was more than three times the legal limit. Davis maintained that Rodriguez’s actions were protected under the Castle Doctrine, Texas’s version of a stand-your-ground law, which states that force is justified when there is a reasonable belief of threat. The Castle Doctrine was revised in 2007 to broaden the cases in which one is justified to use deadly force.

However, prosecutor Donna Logan accused Rodriguez of being a gun-touting aggressor with a knowledge of hand-gun law who purposely used phrases like “I’m standing my ground” and “My life is in danger” to assure his innocence. According to the Associated Press, one neighbor testified that Rodriguez, who has a concealed handgun license, had previously bragged about his guns.

Danaher’s widow, Mindy Danaher, tearfully testified to the courtroom that contrary to the defense, Danaher was not a confrontational person, nor was he capable of causing the dispute, saying that Rodriguez’s life was never in danger.

The case has gained widespread attention, drawing similarities to the widely publicized fatal shooting of Trayvon Martin, a 17-year-old unarmed black male. Both defense cases cited self-defense laws.

Rodriguez’s attorneys presented no witnesses in his defense. The jury deliberated for five hours before convicting Rodriguez of murder, bringing the two-week trial to an end.