Wanted for Identity Theft
Suspect racks up $70,000 in charges so
far
MICHELLE BATES, Editor
A former employee of the Claiborne Parish Detention Center has found himself on the wrong side of the law 
after the Homer Police
Department received a complaint regarding identity theft.
Fontonio Carter, 22, of Homer, is being sought as a
suspect in reference to an identity theft case which police say is one of the
biggest identity theft cases their department has ever seen.
So far, the investigation has revealed more than $70,000
in fraudulent charges to the victim’s name.
“It is thought that Carter has fled this area, and it’s
very possible that others are involved by letting him open up accounts in their
name and deposit money into that account,” Chief Russell Mills said.
On January 10, Homer Police received a complaint from
Capital One Bank in Homer, where the branch manager told police that she
suspected identity theft and fraud.
Carter
had purchased a vehicle at Holmes Honda, who contacted the victim’s bank about
the purchase. The branch manager notified the external fraud division at the
bank, and had the individual check a savings account opened in the victim’s
name.
Captain Donald Malray, of the Homer Police Department,
was assigned to the case, with Officer Ken Woods making contact with Carter by
cell phone on that same date.
Carter reported to the police station, and during an
interview, he said the bank had made a mistake on his deposit slip, stating he
would “straighten it out” the next day.
The next day, the Caddo Parish White Collar Crimes Unit
arrested him when Malray and the branch manager discovered fraud and identity
theft involving several thousands of dollars.
In November 2007, Carter went to the Homer bank location
and opened a checking account and deposited $50. He deposited approximately
$5,000 with an online transfer, a cashier’s check for $20,000 and wrote another
check in approximately the same amount to Holmes Honda for the purchase of the
vehicle.
An arrest warrant was obtained for Carter through the
Second Judicial District Court on Monday, January 28, as well as a search
warrant.
The search warrant was executed at Carter’s residence on
Friday, February 1, and during the search, officers discovered several credit
card applications in the victim’s name, and also discovered where Carter had
opened different accounts in the victim’s name as well. Police also confiscated
a computer at Carter’s residence which will be turned over to the Louisiana
State Police for further probe.
It is believed Carter, a correctional officer at CDC at
that time, gained access to the victim’s personal information when the victim
was booked into the detention center on DWI charges in September 2007.
“The victim is a 76-year-old male,” Mills said. “Through
the investigation, it was learned that Carter was the booking officer at the
detention center, which enabled him to gather pertinent information on the
victim. He had all this information right there, and in turn, he took this
information and utilized it to gain entry to his accounts.”
The investigation is still ongoing and the amount of
fraudulent charges is expected to exceed $70,000.
Carter had made some payments on a couple of open
accounts that he’d acquired through the victim’s name. Once payments were
stopped, the bills that were being sent to Carter’s address began going to the
victim’s address, which is what led to the complaint.
If anyone has any information on Carter’s whereabouts,
please call the Homer Police Department at 927-4000. All tips will remain
anonymous.
Four wounded in stabbing
The Guardian-Journal
A Homer man was charged with four counts of aggravated
second-degree battery Thursday, January 31, after an altercation on Gladney Farm Road.
According to the Claiborne Parish Sheriff’s Department,
Deputies Jeff Pugh and Brian Pepper answered a disturbance call, in which it
was initially reported that someone had been stabbed.
After assessing the situation, deputies called for
assistance. Responding to the scene were Lt. Randy Pugh, Deputies Paul Brazzel
and Roger Ellerbe, along with Homer Police Officer Roger Smith.
Deputies discovered that four people were wounded and
requested Deputy Randy Smith to the scene. Officers were able to locate and
detain the suspect, Johnny R. Tibbs of Homer, at the scene.
Two victims were transported to Homer Memorial Hospital and later airlifted to LSU Health Sciences Center in Shreveport with serious
injuries. The other two victims were treated at Homer Hospital and released.
Tibbs is charged with four counts of aggravated
second-degree battery and was booked into the Claiborne Parish Detention Center. His bond was set at a total of $80,000.
In an unrelated case, an Arcadia man was arrested on
Wednesday, January 30, and booked on several charges.
Pepper, Brazzel and Ellerbe participated in the
investigation of a complaint regarding aggravated assault with a firearm. The
three deputies conducted interviews with the persons involved, leading to the
arrest of Randall Cody Poole.
The suspect was charged with aggravated assault with a
firearm and two counts of contributing to the delinquency of juveniles. He was
transported to CDC and booked. His bond was set at $2,000 on the assault charge
and $1,000 each on the contributing to the delinquency of juveniles.
Hospital wins multi-million dollar suit
MICHELLE BATES, Editor
Homer Memorial Hospital has won a multi-million dollar
lawsuit, which means its employees get to keep their retirement benefits.
The hospital, along with approximately 100 other
individuals, filed a class action suit against a state run retirement company
that was going to keep thousands of dollars worth of employer contributions if
the hospital pulled out of their retirement plan.
Jim Colvin, the hospital’s attorney, said this was a
tremendous victory for his employees, because not only did the employees get to
keep their contributions, but in winning the suit, the employees will get the
amounts the hospital matched.
“On behalf of the employees, it is a tremendous victory,”
Colvin said. “They got everything they wanted and equity and fairness prevailed
in this situation. What the state was trying to do is incomprehensible, taking
these people’s retirement without any authority to do so. We were fortunate
enough to have our arguments carry the day in court.”
The hospital won approximately $3.6 million, with each of
those 100 employees receiving an average of $33,000 back into their new
retirement plans.
What’s important to note is that not one penny of this
goes to the hospital. The hospital sued for the right to roll over the
employer’s contributions into the new plan.
As of 2006, when the hospital pulled out of the plan,
employees had contributed approximately $1.5 million combined. Total employer
contributions at this date totaled an approximate $1.7 million. But what they
won in the suit was approximately $2 million. The $3.6 million total includes
earned interest of approximately $340,000.
As of February 4, the company was expected to have transferred
the amount into the new retirement plan. Upon the transfer, the hospital
dropped all litigation against the retirement company.
The Municipal Employees Retirement System of Louisiana,
better known as MERS, is a state retirement system that many municipalities,
including the Town of Homer, use for retirement benefits.
This retirement plan has been in place for the hospital
since 1969.
Because Homer Hospital is under the umbrella of the Town
of Homer, it too used MERS for its retirement benefits for its employees.
In 2004, the hospital gave the company a two-year notice
of withdrawal, as required by MERS, from the retirement plan in order to
implement a better, more modern retirement plan with a private company.
The hospital decided to terminate the services of MERS in
2004 when it decided the plans were not meeting their needs. The decision to go
with a private company was not based on saving any money, but rather putting it
to better use.
Under the MERS plan, employees received no retirement
benefits whatsoever for 10 years. Under the new plan, employees are eligible
for the plan almost immediately and will be able to roll over their benefits to
another plan if the employee is ever terminated or quits.
“We tried to get out of MERS in a polite way,” Doug
Efferson, hospital administrator, said. “We met with them and said we want to
stop using MERS and go to a private retirement plan for our employees for a
number of reasons.”
The company told Efferson they would give the employees
what they had contributed to the retirement plan, but it would keep the
hospital=s contributions. That means that MERS intended to consider all the
hospital’s employees terminated, which they thought allowed them to keep the
hospital’s contributions, according to their rules.
This was not the case. The hospital was pulling out of
the retirement plan, not terminating all its employees. According to the
original suit, “no statutory, constitutional or regulatory provision
specifically addresses the division of assets and liabilities upon the
termination of the contracts between the parties.”
In other words, there is no law that states MERS could
keep the hospital’s contributions upon the termination of the contract.
MERS
appealed the case and lost.
This case has set a precedent in the legal system,
because MERS appealed to the appellate system, making it a state case instead
of leaving it in the local courts.
“It has set a precedent in the court that is usable,”
Efferson said. “If they had stayed in the local courts, these documents would
have been sealed.”
Donell sentenced to five years
MICHELLE BATES, Editor
One brother who was involved in a shooting and subsequent
high speed chase pleaded guilty to two charges in January.
Ruben Donell pleaded guilty to illegal use of a weapon
and aggravated flight from an officer. He received a five-year sentence for the
illegal weapons charge and a two-year sentence for the aggravated flight
charge. Those sentences will run concurrent.
His brother, Derron Donell, was sentenced in November
2007 to six years in prison after pleading guilty to charges of illegal use of
a weapon and aggravated battery with a dangerous weapon.
The Donell brothers, both of Homer, were arrested and
charged in April 2007 after an altercation involving a high-speed chase and
shooting.
George Shelton, also of Homer, and the Donell brothers
were involved an altercation. When Shelton tried to get away in his car, he was
chased by Derron and Ruben in another vehicle. Shelton was struck in the back
with one of three bullets during the chase. Law enforcement officers gave chase
and finally cornered the Donell brothers when they slowed to pull into a
driveway on White Oak Road.
The two
were arrested without incident.
St. Jude totals finally in!
All total, the Lake Claiborne St. Jude Car and
Bike Show raised $18,189.47 this year. The count has finally come in on the
Pennies for St. Jude drive, totaling a whopping $8,612.50 this year. Homer
Elementary raised the most money this year, winning a pizza party. In thanks, a
card was sent from them to Rickey Bearden, coordinator of the car and bike
show. Those who have helped this year include those pictured above. They are
from left, Bradley Miller, Peggy and Gayle Blackwelder, Sara Shackelford, Barry
Roberts, Rickey Bearden, standing behind St. Jude Representative Whitney Morse,
Tommy Sanders, Dennis Butcher, Tommye Jane English, Natalie Dean, Brynlee Dean
and Gary English. Brynlee was able to raise $200 for St. Jude all by herself.
“I want to thank God for giving me the strength to do this for the last six
years, and I want to thank everyone that has helped make the car show
possible,” Bearden said. In the last six years, the St. Jude fundraiser has
raised more than $90,000.
ACS ‘Relay for Life’ set for May 17
Claiborne Parish’s walkers go around the clock in the
battle against cancer during the American Cancer Society Relay For Life. This
celebration of life brings numerous groups and individuals concerned about
cancer together for a unified effort to fight back.
Teams of enthusiastic citizens will gather at the
football stadium at Claiborne Academy for the American Cancer Society’s Relay
For Life from 12 noon, Saturday, May 17, until midnight. “This year there are a few major changes to Relay,” said Nancy Mason, event chair. “The location is
different, the time is different, and it’s being held on a Saturday afternoon.
We are hoping these changes will help to increase participation from across the
parish.”
Relay For Life is a unique fundraising event that allows
participants from all walks of life — including patients, medical support
staff, corporations, civic organizations, churches and community volunteers —
to join together to fight cancer. Relay For Life reminds us that progress has
been made in the fight against cancer and that everyone who participates is
making a difference.
Relay For Life opens as cancer survivors (anyone who has
ever been diagnosed with cancer) walk or wheelchair the first lap. This is an
emotional time and sets the stage for the importance of each participant’s
contribution. A festive atmosphere always develops around the track area at
these events. As participants make new friends and spend time with old ones,
the Relay heats up and the fun begins. An atmosphere of camaraderie is created
with team members entertaining each other: eating, playing games, and, of
course, walking for a great cause.
Highlighting the evening is the Luminaria Ceremony held
after dark to honor cancer survivors and to remember those who have lost the
battle against cancer. The luminaria are placed all around the track and are
left burning throughout the night to remind participants of the incredible
importance of their contributions.
“Relay For Life is as much an awareness raiser about the
progress against cancer as it is a fund raiser,” said Mason. “Many of the
participants will be people who have dealt with cancer themselves. Their
involvement is proof of the progress that has been made in reducing cancer
death rates and in the quality of life following cancer treatment.”
“The funds raised will enable us to continue our
investment in the fight against cancer through educational programs, research
and services to patients,” said Christina Griffin, ACS community
representative. “Due to the generosity of the many corporate sponsors, the
money raised by participants goes directly to the American Cancer Society’s
lifesaving programs.”
Information about how to form a team, be a part of the
committee, or become a corporate sponsor for Relay For Life is available from
the American Cancer Society at 318-648-7178 or 1-800-ACS-2345, or visit http://www.RelayForLife.org. Citizens
may also visit the webpage that is specifically for the Relay For Life of
Claiborne Parish at http://events.cancer.org/rflclaibornela. There will also
be a meeting for anyone interested in learning more on Thursday, February 7th
at 6 p.m. The meeting will be held at Nicky’s Mexican Restaurant in Homer.
The American Cancer Society is the nationwide
community-based voluntary health organization dedicated to eliminating cancer
as a major health problem by preventing cancer, saving lives and diminishing
suffering from cancer, through research, education, advocacy and service.
Founded in 1913, and with national headquarters in Atlanta, the Society has 13
regional divisions and local offices in 3,400 communities, involving millions
of volunteers across the United States. For more information, call
1-800-ACS-2345 or visit www.cancer.org.
Chief warns of possible Medicare scams
The Guardian-Journal
The Homer Police Department received a complaint this week from an elderly gentlemen
regarding what he feared could have been a scam.
Homer Police Chief Russell Mills looked into the matter,
calling the company that contacted the gentlemen about Medicare and Medicaid.
Although the company seems to be legitimate, Mills
advises those who are contacted by these types of companies to be very careful
with personal information.
The Guardian-Journal was present during the time Mills
contacted the CEO of the company to prove its legitimacy. The company does, in
fact, appear to be straight forward, according to Mills.
“There are certain companies that are using telemarketers
to call recipients of Medicare and Medicaid,” Mills said. “The telemarketers
call the customer and try to set up an appointment to meet with them. They set
up this appointment and a representative comes to that residence, knocks on the
door, and wants to sit down and talk with them.”
He said people have to be very careful with their
personal information because these representatives come across as very
legitimate, bringing pamphlets and information that looks and is presented as
very real.
“If, in fact, these people make an appointment with a
telemarketer, write it down and ask that person for their credentials,” Mills
said.
The credentials he refers to include the company’s
license to operate in Louisiana, and identification with the company they
represent.
“Never give out any more information over the phone than
you have to,” Mills said. “Don’t give out your address or anything like that.
The best thing you can do is to get information from your healthcare provider,
or you can contact the Social Security office and see if these companies are
legitimate.”
He said to treat personal information just like a person
guards their checkbooks. Do not give out personal information unless there is a
legitimate reason for it.
“If you don’t feel comfortable, make them leave and contact
the police immediately,” Mills said. “Identity theft is on the rise, and people
fall victim to this all the time. Everything that looks real may not be.”
Mills emphasized the company that contacted the gentlemen
who made the complaint seems to be legitimate, but warned citizens to be very
careful if approached by a telemarketer.
For more information or to report a possible scam, please
contact the Homer Police Department at 927-4000.
Open meetings suit not over yet
MICHELLE BATES, Editor
The open meetings lawsuit filed against the Town of Homer by former town clerk Rita Mitchell have been dismissed as to David Newell as mayor
and all the council members. However, it does not mean the entire suit has been
dismissed, but the court ruled that Newell and the town council cannot be sued
in their capacity as officials of the town.
It could be concluded from the judge’s ruling that the
Town of Homer is the only legal defendant in the case.
The defendants listed in the original petition were “the
City of Homer, Mayor David Newell, the City of Homer Board of Selectmen, who
may be served through its members, individually, J.C. Moore, Michael J. Wade,
Toney Johnson, Carlette Sanford, Patricia K. Jenkins; and David Newell, in his
capacity as mayor of the City of Homer.”
The court said that they cannot be sued in their official
capacity because the offices of mayor and council members are just political
subdivisions of the Town of Homer. They cannot be sued as representatives of
the Town of Homer.
In October 2007, Bowman filed a petition of enforcement
of open meetings laws and damages on Mitchell’s behalf, stating that Newell and
the Homer town council members violated open meetings laws when they met in
executive session to discuss “personnel matters related to Rita Mitchell,”
after requesting the meeting be held open to the public. She is also suing for
damages.
The countersuit filed by the Town of Homer in response to
Mitchell’s open meetings suit is still in the discovery phase, said Chris
Bowman, Mitchell’s attorney. Nothing has yet been done and no charges have yet
been filed against Mitchell.
“The discovery is ongoing,” Bowman said. “We’re trying to
prepare the case to get it in posture ready for trial.”
The town’s attorney, Jim Colvin, said they are preparing
documents to have the rest of the case dismissed.
“We preparing a motion for summary judgment to have the
rest of the case dismissed,” Colvin said. “The suit against the town is still
going forward, but we are now about to file a motion for summary judgment to
have even that dismissed.”
Mitchell was suspended without pay in 2007 after a
customer complaint regarding a water bill that had been paid twice. Upon
initial investigation, funds were found missing and billing stubs that
indicated cash payments were altered to checks received to balance transaction
reports.
She was terminated September 17, 2007, following an investigation.
Gallot named chair of House,
Governmental Affairs Committee
MICHELLE BATES, Editor
State Representative Rick Gallot was named as the chair
of the Louisiana House and Governmental Affairs Committee this year, following
his service as vice chair since 2004001.
In a press release, Gallot said his new position is “an
important and positive development for his district and all of northeastern Louisiana, since his committee has jurisdiction over redistricting and the reapportionment
process.”
The House and Governmental Affairs Committee has
jurisdiction over elections, ethics, affairs of the House of Representatives,
and intergovernmental relations between the Legislature and other governmental
entities.
“It’s a pretty broad jurisdictional area that we cover,”
Gallot said. “Several things come under the House and Governmental Affairs,
including House employees and House rules that govern our internal workings. We
also cover redistricting.”
What that means for Claiborne Parish is that when the
2010 general census is done, many entities will be redistricted. One of the
reasons district lines will be redrawn, he said, is because of the displacement
of population in the southern part of the state stemming from the hurricane
evacuations.
“There’s an automatic ripple effect that takes place,”
Gallot said. “You have to adjust the lines based on where people are.”
Other factors include the fact that Claiborne Parish has
two senatorial districts that split the parish, plus the influx or decrease of
population in the current districts. This ripple effect he’s talking about goes
all the way down to the local level in that voting districts could be redrawn.
That also means that police jury districts, town council districts, school
board districts and other district lines will be redrawn as well if there has
been a gain or loss in population. That means that some representatives of
local districts could lose some constituents and others could gain some.
“Everybody’s got to do it every 10 years,” he said. “One
other area that will certainly not be an easy task is congressional districts.
We are going to lose another congressional district.”
Currently, there are seven congressional districts, and
when the census is done, there will be six due to the loss of population in
south Louisiana and the fact that other parts of the United States have gained
population. Claiborne Parish is in Congressional District 4.
Another important aspect of the committee he chairs is
ethics. The special session Governor Bobby Jindal has called, slated to begin
February 10, is all about ethics reform.
Gallot said the two most important committees in Louisiana is the Ways and Means and Appropriations committees, but right now, the House and
Governmental Affairs Committee is in the spotlight.
The ethics reform will not necessarily affect average
citizens, but it could definitely affect state legislators and senators. Or,
Gallot said, it could go all the way down to local officials.
“Whether or not local elected officials will be included
has not been decided yet,” he said. “The other question is do we include people
that are on boards and commissions? You may have local residents who serve on
the mineral board or the parole board. They could very well be covered by some
of the changes that are made.”
Several other topics will be included in the special
session on ethics reform, including legislators or their families conducting
business with the state, personal financial disclosure for legislators, and
financial disclosure for lobbyists.
Gallot made it clear that whether he has to disclose his
personal finances or not will not affect the hard work he does each day on
behalf of his constituents. He also made it very clear that he supports the
governor in his campaign to change the state.
Much of the reason for the special session is to help
change the perception of Louisiana on a national level. Other states see Louisiana as corrupt and Jindal wants to change that image with this special session.
McCrery set to retire at end of year
The Guardian-Journal
In Washington, DC, seniority is no longer the wellspring
of power it once was. Even so, it still counts for a lot. And Louisiana’s
seniority seems to be waning.
Jim McCrery, Louisiana’s 4th District Congressman,
recently announced that he will not seek an 11th term this year. First elected
to the House of Representatives in April, 1988, his term of office as Northwest Louisiana’s congressman is the longest since Overton Brooks who served from
1937-1961.
“Twenty years is a long time to serve in Congress,”
McCrery said. “I believe it is time for me to step aside and let someone with
fresh enthusiasm and new ideas step in to represent the 4th District.”
Although McCrery was in line for chairmanship of the
powerful House Ways and Means Committee, he was denied that position when
Democrats took control of Congress in the 2006 elections. McCrery cites that
disappointment along with the amount of time congressional work took him away
from his family as reasons for his decision not to seek reelection.
“The chairmanship would have allowed me to play a leading
role in addressing some of the biggest long-term problems facing our country,”
he said. “I have tried hard this year as the Ranking Member of the Ways and
Means Committee to be a major influence on important issues. Chairman (Charles)
Rangel (D-New York) and I have developed a very good working relationship and
we have had some success in developing bipartisan solutions, specifically in
the area of trade. But on tax reform, Medicare and health care reform, and
Social Security Reform, our best efforts have come to naught.”
McCrery adds, “So, given that disappointment and my
desire to more fully enjoy the last few years my boys will be at home, I will
not seek reelection to the Congress in 2008.”
Implying that being reelected would be a given, McCrery’s
announcement cited his past reelection wins by an average margin of nearly 40
percentage points, not including the two elections in which he was unopposed.
McCrery was born in Shreveport and grew up in Leesville.
After getting his B.A. in English and History from Louisiana Tech, he went on
to receive his doctorate in law from LSU. McCrery has been married to the
former Johnette Hawkins for over 16 years. They have two children, Scott and
Clark.
-0-0-0-
“You have the power to think what you want, no matter
what the circumstance.” (anonymous)
This Film by Michael Haynes Productions was created in conjunction with 
