Cherokeean/Herald (Rusk, Tex.), Vol. 147, No. 27, Ed. 1 Thursday, August 3, 1995 Page: 1 of 39
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Texas' Oldest, Continuously Published Weekly Newspaper - Established Feb. 27,1850 as the Cherokee Sentinel
Rusk:
Home of the
Texas State Railroad
State Historical Park
Home of the
Caddoan Mounds
State Historic Site
Vol. 147. No.,27 - M Pages
Thursday, August 3, 1995
Rusk, Texas 75785 25 cents
Jury resentences Watkins 5 years for murder
Court of Appeals decision
leads to new sentencing
by Gloria Jennings
Cherokeean/HIerald staff
A Cherokee jury of eight women
and three men returned a five-year
sentence for the March 11, 1989,
murder of Jackie Hicks of Alto.
The decision was handed down in
connection with the sentencing por-
tion of the murder trial of Terry
Alan Watkins of Nacogdoches.
Watkins was found guilty of capital
murder in August of 1990.
The conviction was changed to
murder by the Cburt of Appeals in
Tyler in August, 1994. Hie sentenc-
ing portion of the trial wassentback
to the 369th District Court of Judge
Bascom Bentley.
Watkins will be given credit for
the four years, two months he has
been incarcerated. Formal sentenc-
ing will be at 10 am. on Aug. 11.
Following the announcement of
the sentence, Judge Bentley told
Watkins he would advise him upon
his release not to return to Chero-
kee County. „
Prior to the announcement of the
jury's verdict, Judge Bentley told
persons in the audience, "I know
: this is a trying time for all of you
involved in the case, but I want no
outburst of emotions when the ver-
dict is announced."
District Attorney Jim Cromwell
and Assistant District Attorney
Elmo: Beck worth tried the case for
the state. Representing Watkins
were John Heath of Nacogdoches
and Brian Wice of Houston.
Heath and Beckwarth are the only
two of the foursome who partici-
pated in the earlier trial. Heath was
the lone defense attorney in the first
trial in 1989, and the state was rep-
resented by then D. A, now Appeals
Court Justice Charles Holcomb.
Beckworth was Assistant D. A at
that time, the same position he now
holds.
Heath said, "It's a tragedy that we
didn't get a new trial, líiey (the
jurors) did all they could by deliver-
ing a five year sentence with no
deadly weapon. This is like gettinga
"Not Guilty* verdict"
Cromwell said, "This is a unique
esse in the State of Texas. It is the
second or third when a capital con-
viction has been changed to first
degree murder and sent back to the
jury. This is the second one tried,
and the first on circumstantial evi-
dence."
PI—w toe Closing, pg. 10
'Presumption of guilty influenced panel's verdict
byTerrie Gonzalez
Cherokeean/Herald staff
When Terry Watkins' verdict was
announced last Friday evening, a
flood of emotions erupted from both
jurors and defense attorneys who
wept openly at the conclusion of the
highly-charged proceedings.
Watkins showed little emotion on
learning that the jury was sentenc-
ing him to five years of prison time^
in the murder of feed store owner
Jackie Hicks, who was found dead
in his Alto home in 1989.
Watkins has already served ap-
proximately 4 1/2 years in jail and
prison.
Esrlier Friday afternoon, the 8-
woman, 3-man jury appeared dead-
locked in their deliberations.
"We were allowed to consider
prison time, probation and a fine,"
said one juror, who spoke on the
condition of anonymity. "Our vote
was split 6-5 with the majority fa-
voring five years of prison and five
wanting outright probation. We
never considered a fine."
Hiegreatest obstacle thejuiy dealt
with in deliberations was the man-
dated "presumption of guilt" which
wss determined by the original juiy.
"Regardless of how we felt about
that decision, we couldn't turn our
backs on that jury's decision," said
Year Round Concern
Alto school district focuses on parent
participation to improve TAAS scores
ByTeri Ellis
Cherokeean/Herald Staff
Although Texas Academic Assessment Skills scores
come back once a year from the state, the improvement
process of the scores is a year round concern for all
school districts.
Alto's scores are low, but school officials are proud of
some of the bigger improvements from last year.
There is definitely room for improvement," Carol
Boyd, principsl of Alto High School, said. "But, some
areas were better than the year before."
As districts study their students scores, changes are
made each year in teacher in-service training before
the beginning of school. Mtyor studies have shown that
the involvement of parents is a big factor in determin-
ing a student's scores.
"We have seen in the past where parents encourage
their children, those children will have a better chance
at succeeding," Ms. Boyd said.
She said the district is taking steps to show parents
the benefits of takingpart in the encouragment of their
children in school.
One statistic the board is most proud of is that 100
percent of the 1995 seniors graduated. Ms. Boyd
attributes this to district students excelling in UIL
academics, membership in the National Honor Society
and the behavior of the student body.
"People are always proud to have Alto students
working for them," Ms. Boyd said. "We try to build good
character."
In Alto's TAAS scores, the biggest gains were in the
writing and reading scores, but the district is espe-
cially concerned about the math scores.
This is the second of a three part
series on the TAAS Scores of Rusk,
Alto and Wells.
In two weeks: Wells' TAAS scores
Each score is based on the percent of students wh&\
meet minimum expectations.
Some of the good news in Alto's scores include a 1.8
percent increase of African American students in math
compared to last year. Last year, African Americans
passed by an 18.9 percent margin, while this year the
group passed math by 20.7 percent.
Although these figures are way below the passing
rate of 25 percent rate set by the state, the 1.8 increase
shows that the students learned more than a year's
worth of math.
According to the ^ate Education Commissioner Mike
Moses, a greater percentage of students were exempted
from the reading, math and writing exam this year
statewide because they were classified as special edu-
cation or had limited English-speaking skills.
Approximately 12 percent of the Alto student body
was exempt this year from taking the TAAS test due to
language and learning disabilities. This group as well
as the percentage of the economically disadvantaged
group is a factor in assessing scores. „
In Alto, 56 percent of the 288 students who took the
test were qualified as economically disadvantaged
students. Out of this group of students approximately
50 peroent passed the reading portion of the test. This
represented another 1.8 percent gain over last year's
figures.
The higher, the percentage of economically disad-
vantaged students indicates lower test scores," Ms.
Boyd said. "But, low scores are unacceptable regard-
less of whatever factors that come up. It is our job to
handle it."
Boyd said the district is going to require an applied
math course for those who don't pass the math portion
of the test in order to improve scores.
Not only did the economically disadvantaged stu-
dents and African American students have moderate
gains, but were low in average scores overall.
A figure of concern that does show up on the reports
indicates that none of the African American students
passed both the reading and math tests in the fifth
grade.
Yet, some students surpassed the overall average.
About 80 percent of Whites passed the readingportion
of the test and 80 percent of Hispanics passed the
math portion. This is a significant increase in last
year's figures.
Although with the overall low scores, the district is
not sure of its status as of yet. Last year, AISD
received an academically acceptable rank, but Ms.
Alto TAAS
Test Scor
AH students not in special educa
Reading
# Tested % met min.
expectations
raae
raae
raae
Writing
the current juror.
The panel sent a note asking Judge
Bascom Bentley whether a five-year
sentence would be in addition to
time served, or whether he would
receive credit for serving 41/2years.
Legal protocol prevented thejudge
from answering the handwritten
question.
"I think we were (all) hoping for
that end," said jurist Sandy Lee of
Jacksonville. "Had we known for
sure (that he would not serve an
^^V/yhronology of Events
Wafch11,1989
Jackie Hicks murdered
March 18, 1989
Terry Watkins arrested
July 24.1990
First trial beqan
August 12,1990
Watkins convicted of capital mur-
der
May 28,1993
Conviction reversed and new trial
ordered
May 1993
Higher court reforms judgement
from capital murder to murder
May 1994
Court of Criminal Appeals refused
state's and defendant's appeals
July 1994
Watkins released on approxi-
mately $100,000 bond
February 4,1995
Jury impaneled for re-sentenc-
ing
February 6,1995
Jury released due to health of
key witness
July 28,1995
Re-sentencing completed
■compiled by the Cherokeean/Herald
extra five years), the decision would
have been easy.
"When the judge asked the fore-
man, 'Are you hopelessly dead-
locked,' I thought, wait a minute...
it's not hopeless," said Mrs. Lee.
The jury returned to its delibera-
tions and the five favoring proba-
tion agreed to compromise with a
five-year prison sentence.
The jury returned with an 11-0
verdict.
A twelfth juror picked last Febru-
ary was dismissed because of a medi-
cal problem, and no alternate jurors
had been selected.
Watkins was released on bond in
June 1994. Whether he will serve
the remainder of the five-year sen-
tence in a correctional facility is not
clear. His defense lawyers must meet
with the Texas Department of Cor-
rections, and a final rendering will
be made in court in August.
Jurors express frustration
Three jurors expressed frustra-
tion in not havingcomplete access to
evidence presented before the first
jury in 1990 which handed Watkins
a life sentence instead of the death
penalty.
"We were shown an eight-volume
set of testimony from the first trial,
and told we had access to it," said
Please see Jury, page 13
PISS8S see TAAS, page 1-1
LAYPERSON OF THE YEAR for the Klwania Dlvialon 26 of tha Taxaa Oklahoma Oiatrict waa
presented to Judy Faya Garner Thuraday evening at the Ru8k First United Methodi8t Church.
The meeting waa h08ted by the Ruak Kiwanis Club and catered by the United Methodist Men.
From left are Nancy Mims, president of the Rusk Club; Mrs. Garner; and Lisa McCoy, Divi3ion
26 Lieutenant Governor, who 8poke at the dinner meeting. -8taff photo
■
Back To School
School begins in Rusk, Alto
on Aug. 16; Wells on Aug. 21
As summer begins to draw to a close, students must
start thinking about returning to school In Cherokee
County schools, many students will begin anew and
others will return as upper classmen.
For students just entering a new school
district, parents must supply a copy of the
child's birth certificate, social security
card, immunization record and records
from former schools to register for classes.
Individual school districts can provide
additional information to help insure a
smooth transition for new students on the
first day of classes.
School supply lists are generally pro-
vided by schools to local merchants who carry
those items in their inventory.
Following are the Rusk, Alto and Wells Independent
School Districts' registration and first day of school
dates for the 1995-1996 year:
Rusk 1SD
Students must begin gathering their lunch pails for
the first day of school on Wednesday, Aug. 16.
The Rusk primary school and elementary school will
hold their registration for new students on Thursday,
Aug. 3 and FViday, Aug. 4. Both schools will be open
from 9 a.m. to 3 p.m. on those days.
Kindergarten open house will be held from 4 to 6 p.m.
on Monday, Aug. 14 at the school. This is for Kindergar-
ten students only.
Rusk Elementary will have orientation Tuesday,
Aug. 8 at the elementary cafeteria at 6 p.m. for third
graders, 6:30 p.m. for fourth graders and 7 p.m. for fifth
graders. Class lists will be posted at this time.
/'
New junior high students have two days left to regis-
ter. Thursday, Aug. 3 and Friday, Aug 4. The office will
be open for registration from 9 a.m. to 3 p.m. on Thurs-
day and 9 a.m. to 12 p.m. on Friday.
High school registration packets are available. Pack-
ets must be completed prior to students receiving
schedules. Late registration for the high school will be
from Friday, Aug. 4 to Tuesday, Aug. 15.
The high school is open from 9 a.m. until
3 p.m., Monday through Thursday and
Fridays from 9 a.m. to 12 p.m.
Teacher in-service begins Monday,
Aug. 14.
For additional information, contact the
superintendent's office at (903) 683-5592.
Alto ISD
Alto students must begin school on Wednesday, Aug.
16.
Elementary students can register until Friday, Aug.
11. The junior high and high school have already
registered.
Teacher in-service begins Monday, Aug. 14.
For additional information, contact the
superintendent's office at (409) 858-4391.
Wells ISD
Wells students begin school on Monday, Aug. 21.
Registration begins Monday, Aug. 14 and ends when
school starts. Teacher in-service begins Wednesday,
Aug. 16.
For additional information, contact the
superintendent's office at (409) 867-4466.
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Cherokeean/Herald (Rusk, Tex.), Vol. 147, No. 27, Ed. 1 Thursday, August 3, 1995, newspaper, August 3, 1995; Rusk, Texas. (https://texashistory.unt.edu/ark:/67531/metapth152227/m1/1/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Singletary Memorial Library.