Despite Legal Issues, Prayers Before Football Games

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In Texas, where high school football may almost be a religion, one school district has found a way to say organized prayers before games -- despite a Supreme Court ruling that generally forbids the practice.

This year in the Birdville Independent School District near Fort Worth, students lead the crowd in prayer before games.

On Friday night, before Richland High School took on Northwest High School, a student called for a moment of silence for victims of Hurricane Sandy.

The district defends the policy and says it's legal under a Texas law passed in 2007 that allows a "limited public forum" for public school students.

The U.S. Supreme Court has ruled that student-led prayers at public high school football games violate the separation of church and state.

Birdville ISD spokesman Mark Thomas said the speakers are chosen at random. The only restriction is the students must be juniors or seniors with no disciplinary record.

"They tell us they want to do it and we draw names out of the hat and say, 'This is your event' and they go on," Thomas said.

On the scoreboard, the district flashes a legal disclaimer.

"The student giving the introduction for tonight's athletic contest is a volunteering student selected on neutral criteria," it says.

It also adds that the student's comments don't represent the views of the district.

Thomas said the district allows students to say whatever they want. Sometimes it's a prayer, and other times students just welcome fans to the game, he said.

"We don't know until the student gets up there and we turn the mic on," he said. "We don't dictate; we don't ask."

Civil rights experts question the policy and wonder what would happen if a student wanted to promote the Koran or even Satanism.

Frank Colosi, a civil rights attorney in Fort Worth, said the policy invites a lawsuit.

Thomas said nobody has complained and that the district has reviewed its policies with attorneys.

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Friends, Family Remember Slain Rockwall Teen

Ellen Goldberg, NBC 5 News

Hundreds of people attended a candlelight vigil in memory of a 15-year-old Rockwall girl who was fatally stabbed in her home.

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New Details Emerge in Baeza Murder Case

Rockwall police say the man who confessed to killing 15-year-old Surie Baeza has a broken wrist presumably sustained in the attack.

Mother's Former Boyfriend Arrested in Teen's Death

Rockwall police say the estranged boyfriend of the victim's mother has confessed to the stabbing death of a 15-year-old high school student.

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Friends and family remembered a slain 15-year-old at a candlelight vigil on Friday night.

Surie Baeza was stabbed to death in her home on Tuesday. Her mother's estranged boyfriend, Juan Enrique Torres, has been arrested in connection with her slaying.

Loved ones gathered a few streets away from Baeza's home to remember the sweet, charismatic 15-year-old.

"She was always cracking jokes, really sweet to everybody, but tough when she needed to be," Rockwall Health High School sophomore Kristen Foster said.

It's a tragedy so horrific that it's nearly impossible for some of Baeza's friends to understand.

"My daughter is the same age," Tamara Shroyer said. "They are best friends. We went to her house yesterday, and my daughter was just waiting for her to come out and she just kept saying, 'She's not coming out. She's not coming out.' It broke my heart."

Baeza's mother, Irma Baeza, did not speak at the vigil, but her face spoke volumes about what she and her children are going through.

"I can promise you, the district attorney's office will do everything in our power to make sure Surie Baeza gets the justice she deserves," Rockwall County District Attorney Kenda Culpepper said.

Until then, friends and family are clinging to one another and their memories of Surie Baeza.

"I remember spending the first Christmas here in Dallas with Surie and her family," cousin Nadeli Honeycutt said. "I remember when Surie saw snow for the first time; the glow in her eyes was incredible."

Honeycutt spoke on behalf of the Baeza family.

"Rest in peace, my sweet and loving cuz," she said. "In heaven, you will have your dance. Everlasting and eternal happiness are now yours."

Torres is in the Rockwall County Jail charged with homicide. His bond is set at $1 million.

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Dallas DA to Pursue Charge Against Bryant

The Dallas County District Attorney's Office said it will pursue a misdemeanor domestic violence charge against Dez Bryant after an incident in mid-July at his mother's DeSoto home.

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The Dallas County District Attorney's Office said on Wednesday that it will pursue a misdemeanor family violence charge against Cowboys star wide receiver Dez Bryant.

District Attorney Craig Watkins said Wednesday afternoon that his office has accepted the charge against Bryant and that a court date will be set.

However, Watkins said his office could still decide to handle the charge differently in the future. In other words, the DA's office could still drop the charge or reach a plea deal, just as prosecutors could in any criminal case.

"We had to do our due diligence and investigate," Watkins said. "We did that, and we determined that this a charge we need to pursue. That's not to say that down the line we may make a different determination, but at this point we are pursuing the charges against Dez Bryant."

Bryant was arrested in July on suspicion of misdemeanor family violence against his mother, Angela Bryant. He was arrested on July 16, two days after an incident at his mother's DeSoto home.

According to DeSoto police, Angela Bryant's shirt and bra were ripped and her son slapped her in the face with a baseball hat.

At a press conference 10 days after the incident, Dez and Angela Bryant sat next to each other. Their attorney, Royce West, said that a disagreement happened, but that Dez Bryant did not commit family violence against his mother.

Angela Bryant signed an affidavit saying that she did not wish to pursue charges against her son.

In late July, the district attorney's office said it would review and investigate the case and decide whether to pursue the charge.

Watkins said it is not unusual for victims to sign affidavits not wishing to pursue charges when a family member is involved. However, it is up to his office to determine what is best for the public, he said.

"We have a responsibility to the public," Watkins said. "In this case, we will do what's necessary to protect the public."

NBC 5's calls for comment and reaction from Bryant's attorney, Royce West, were not returned on Wednesday.

So far, there is no court listing for Dez Bryant, according to the Dallas County's online court docket.

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Amber Alert Canceled; Child Found Safe

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Amber Alert Issued for Son of Slain Tyler Woman

Tyler police have issued an Amber Alert for 4-year-old Lucas Calvert. Police say the boy's father, 42-year-old James Calvert, killed his former wife and abducted their 4-year-old son.

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Police have canceled an Amber Alert for a 4-year-old Tyler boy who was missing after his mother was shot to death.

James Calvert, 42, father of 4-year-old Lucas Calvert has been arrested.

According to KETK-TV in Tyler, the boy was reported missing after the boy's mother, Jelena Calvert, was found fatally shot in the 3300 block of Bain Place.

Police issued a capital murder arrest warrant for James Calvert on Wednesday night.

KETK reported that the couple were in an ongoing custody battle.

The couple's other child, a 5-year-old who attends Woods Elementary School, is under police protection, KETK reported.

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At Least 3 Shot in Hollywood Halloween Celebrations

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At least three people were shot Wednesday night in Los Angeles during Halloween celebrations that became unruly, according to the Los Angeles Police Department.

The shooting went down shortly before 10 p.m. local time in Hollywood, near the intersection of Hollywood Boulevard and Whitley Avenue, Los Angeles police Sgt. Andrew Chao of the Hollywood Station told City News Service.

According to Chao, a 17-year-old boy was shot in the chest and leg, and taken to the hospital in critical condition, while a 14-year-old boy was shot in the foot and a 25-year-old man was struck in the buttocks. The pair was also transported to the hospital.

It was not immediately clear whether the shooter or shooters were apprehended, though aerial footage of the scene showed at least two people being detained by LAPD officers.

Officers were already deployed in the area due to Halloween celebrations. Unruly crowds began to form up and down Hollywood Boulevard throughout the night, and it appeared that as soon as officers stabilized one area, another area would erupt in violence. Early reports suggested revelers were fighting and throwing bottles.

Dozens of cops in riot gear started descending on the scene shortly after 10 p.m.

Largely-costumed crowds spilled into traffic, ran in between cars and confronted officers starting as early as 9:30 p.m.

A skirmish line of mounted officers was briefly stationed at the intersection of Hollywood and Wilcox. Throngs of officers on mounted patrol, bicycles and motorcycles descended on the area. Several LAFD crews were also on scene.

Traffic was snarled for miles. Drivers were not being allowed farther west on Hollywood Boulevard than Cahuenga Boulevard. Side streets were also jammed.

By 1:30 a.m., traffic in the area appeared to return to normal though vehicles were not allowed to turn onto Hollywood Boulevard at Highland Avenue. A lone police helicopter continued to survey the scene.

Halloween celebrations in Hollywood pale in comparison to those in adjacent West Hollywood, where some 400,000 people were expected to attend the annual Costume Carnaval.

Still, Hollywood has become an increasingly popular spot for Halloween partiers, hundreds of which appeared to line the streets Wednesday night.

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Dallas County Passes Domestic Partner Benefits

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Dallas County Commissioners agreed Tuesday to pay for health care for domestic partners of county workers.

The proposal passed on a 3-2 vote.

In the proposal, a domestic partner would be defined as someone of the same or opposite sex with whom the employee lives and shares a relationship with, according to papers prepared for the commission's approval.

In order to attain domestic partner status, an employee would have to prove that they have lived with their partner for at least six months and share financial and household responsibilities with them.

They will need to provide a lease or mortgage documentation with both names listed, or proof of a joint bank or credit account, or a utility bill that lists the names of both partners on it.

The health insurance benefits would not be directly awarded, according to county documents. The county employee would be paid a subsidy that they would have to use to purchase a private insurance policy.  In order to continue the subsidy, the employee would have to provide quarterly proof that a policy has in fact been purchased.

The extra coverage is expected to cost the county less than $100,000.

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Church Reopens After Pastor's Slaying

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A Forest Hill family and congregation is mourning a popular North Texas pastor who was killed inside the church he founded.

Police said Danny Kirk 54, was beaten to death with an electric guitar at Greater Sweethome Missionary Baptist Church.

The suspect, identified by the Tarrant County medical examiner as Derrick Birdow, died after police used a stun gun to restrain him.

The medical examiner has not yet listed a cause of death for Birdow.

The Greater Sweethome Missionary Baptist Church reopened Tuesday morning.

Family and church members said they're trying to carry on the slain pastor's legacy.

"We still have a lot of work to do at the church to make sure the church goes on," said Melvin McClendson, Kirk's father-in-law. "I know that's what my son would want -- he would want the church to go on."

McClendson said there is a huge hole in his heart, the church that Kirk founded and his family. He said his wife is still in shock.

"She woke up this morning, and it all hit her all over again," McClendson said. "She's pretty much devastated. We all are."

Investigators said Birdow rammed his car into the front door of the church, starting a violent rampage.

Police say the 33-year-old man beat a church maintenance worker and broke his jaw. The man then allegedly chased Kirk into the music room, grabbed an electric guitar as a weapon and beat Kirk to death.

Officers said they had to use a stun gun to disable Birdow.

When officers went to check on him in the back of a squad car about 10 minutes later, he wasn't breathing. He was declared dead at the hospital.

Church leaders said they are working to find forgiveness.

"We have to forgive that man and pray for his family, because we can't hold that in our hearts," said James Spann, associate minister.

Bible study will go on as planned at the church Tuesday night.

Birdow's criminal history includes possession of a controlled substance in 1999, domestic assault in 2000, driving while intoxicated in 2004 and aggravated assault with a deadly weapon, also in 2004.

"He was a loving person, you know," said Michelle Jennings, his aunt. "We just couldn't imagine him doing anything like this. It was like he was possessed."

His family said Fort Worth police took Birdow to John Peter Smith Hospital last week after he was acting "spacey."

Birdow's aunt said his wife and three children attended Greater Sweethome Missionary Baptist Church, but his family said the couple was separated.

NBC 5's Lindsay Wilcox contributed to this article.

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Dallas Students Caught in Sandy's Path

Omar Villafranca, NBC 5 News

Thirteen Bishop Lynch High School students, two teachers and a parent are stranded in New York City after their Monday flight was canceled because of Superstorm Sandy.

Superstorm Strands Dallas HS Students

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Flooding, Power Outages in Sandy's Wake

The remnants of Hurricane Sandy has brought flooding, widespread power outages and fires sparked by downed lines.

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More than a dozen Dallas high school students in New York City for a mock trial are caught in a real natural disaster.

Thirteen students, two teachers and a parent from Bishop Lynch High School are stranded in New York as the remnants of Hurricane Sandy flood the Big Apple.

Bishop Kevin Farrell used Skype from the offices of the Dallas Diocese to talk and pray with the students Monday.

Eve Holder's daughter Tori, a junior on the team, is keeping in contact and easing her mother's fears.

"She's called me at the end of every night," she said. "She says everything is great; everything is fine. And starting this morning, she sent me a video of them walking around Times Square and saying everything is fine and showing me all the people walking around. She'll text me periodically throughout the day."

The students were scheduled to leave New York on Monday morning, but their flight was canceled. The group is hoping to return home to North Texas by Wednesday.

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Pastor Killed, Beaten With Electric Guitar

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Family, Congregation Shocked by Pastor's Slaying

Members of a Tarrant County church are reeling after their pastor was allegedly killed by a man police say rammed his car into the church. Police say the man fought with a maintenance worker and beat the pastor to death.

Forest Hill police are investigating the death of Rev. Danny Kirk Sr. killed in an attack at the Greater Sweethome Missionary Baptist Church Monday afternoon. Police say the suspect rammed a car into the church and beat Kirk with an electric guitar, he died a short time later in police custody.

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A pastor was killed in a string of assaults at a Forest Hill church on Monday afternoon, and the suspect was found dead after being stunned by police and arrested.

Forest Hill police said a man drove his car into the Greater Sweethome Missionary Baptist Church and then went inside to the music room, where he beat the founder and 18-year pastor Danny Kirk Sr. over the head with an electric guitar.

Police said a janitor was injured while trying to stop the assault. The janitor may have a broken jaw from the assault, police said.

The church secretary witnessed the assaults and called 911 while she barricaded herself inside an office.

The man was still attacking Kirk and the janitor when officers arrived, police said. Officers used a stun gun to restrain the man, arrested him and placed him in a police car.

According to MedStar spokesman Matt Zavadsky, the man was not breathing and had no pulse when officials later went to check on the man. He was declared dead upon arrival at John Peter Smith Hospital.

Police said only about 10 minutes had passed between the time the suspect was stunned to when he was discovered unresponsive.

Two others were transported to the hospital, including the janitor. Their conditions were not immediately known.

"My dad [is the] best guy ever," said Danny Kirk Jr., the pastor's son. "I mean, anything I needed, anything the church needed, he was going to do. [He was the] best guy ever on this side of heaven, I promise you that much."

A crowd gathered outside of the church after word of the assaults spread through the congregation and community. Two people in the crowd were given medical attention after they become overcome by grief, officials said.

"The whole church is devastated," church member Shirley Robinson said. "The whole church is destroyed. This is so senseless and so uncalled for. I don't know God's plan for this. It just doesn't make any sense to me to take pastor Kirk from us at this time."

Surveillance cameras around the buildings were operational, police said. Investigators will be reviewing the footage as they gather more information about the attacks.

Forest Hill police have requested the assistance of the Texas Rangers in the investigation.

NBC 5's Frank Heinz, Lindsay Wilcox, Kevin Cokely, Greg Janda, Kevin Cokely and photojournalist Linda Angelle contributed to this report.

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Hurricane Sandy Affecting DFW Flights

AP

The departures board at the American Airlines terminal at LaGuardia airport shows a few cancellations, Sunday, Oct. 28, 2012 in New York.

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Flights from DFW International Airport to New York and other cities were canceled Sunday and widespread disruptions are expected on Monday as Hurricane Sandy wreaks havoc on the Northeast.

"I feel very lucky, I'm very happy," said Peggy Viola of Keller after she landed at DFW from New York City's LaGuardia Airport Sunday night. "(I'm) back with with my husband and my family."

Viola used to live in New York City and went to visit relatives who are still there.

"It was very hard to leave my family," she said. "Of course we are going to be worried about them and want them to be safe."

Four Dallas mothers who took their sixth-grade daughters to New York for a sightseeing trip returned home on the same flight.

"It was scary," said one mother. "To think they're shutting down a major city like New York. We just wanted to get out."

DFW Airport spokesman David Magana said the airport is ready to assist travelers who may be stranded because of changing flight schedules.

Meanwhile, major airlines waived extra fees for changing flights because of the storm.

Fort Worth-based American Airlines said it would not charge a penalty for passengers who alter travel plans between now and Wednesday on flights to, from or through the Northeast.

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After Delays, New Weather Radar System Installed in Arlington

Mark Schnyder, NBC 5 Reporter

New state of the art radar is up and running on the UTA campus.

New CASA Radar Installed at UTA

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Shortly after 8:30 Sunday morning a little weather radar history was made  in Arlington.  A helicopter lowered the fastest, most accurate radar system in the world on the roof of a building on the UT-Arlington campus.

"This new radar's going to help us by being able to see storms a lot clearer," said Juan Ortiz, Emergency Management Coordinator for Fort Worth.  "It's going to give us high resolution and faster scanning so we'll have more timely data.  We're able to make better decisions that will enable us to safe lives and protect property."

The radar system should be operational in a matter of days, but there are more to come in North Texas.

"This is just one component of building capacity to where we're ahead of preparing, ahead of responding and ahead of recovering from any kind of emergency as a region," said Dallas Emergency Manager Kevin Oden.

It's taken two years to get to this point as local governments worked with the weather service and the federal government (FEMA and the Department of Homeland Security) to secure funding.  The radar equipment sat idle in a warehouse at DFW Airport even when those devastating tornadoes came through in April.  

"The fact is," said Oden, "we're here now and we've got a good solid plan and process laid out to continue the momentum moving forward and get this process up and running so we want to focus more on where we're going than where we have been."

The system in Arlington only covers about 25 miles on its own.  But once all of the Collaborative Adaptive Sensing of the Atmosphere (CASA) radar are scanning the skies around DFW, predictions of when bad weather will hit can be pinpointed to down to specific neighborhoods.

"We've actually operated a similar system in Oklahoma the past four years, " said Brenda Phillips the Deputy Director of CASA who's based at the University of Massachusetts in Amherst.  "We've seen that emergency managers have made some life-saving decisions based on the radar."

The next CASA radar system is expected to be installed by the end of the year at the University of North Texas campus in Denton.  The goal is two have two more up in Addison and Fort Worth by next spring but some grant money is pending on those two.

A total of eight installations are planned as part of a five year, $10-million collaborative project for early storm warnings.

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Giants Celebrate World Series Win

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AA Reports Progress in Pilot Talks

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American Airlines is making "good progress" in three-week-old contract talks with pilots and will begin funding a new retirement plan to replace contributions to pilots' pension plans, a company executive said in a letter to pilots late Friday.

Senior Vice President Denise Lynn said the airline would begin paying 11 percent into a new 401K retirement program for pilots.

The pilots' pension plans end next month.

At the same time, the airline offered to increase the contribution to 14 percent if pilots approve a new contract.

"I believe good progress has been made and we are approaching a deal that the APA Board of Directors will soon agree to put out for a ratification vote," Lynn wrote to pilots.

Tom Hoban, a spokesman for the Allied Pilots Association, said the union had no comment on the letter.

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More Cameras, Training for School With Indecency Arrest

Omar Villafranca, NBC 5 News

Plano ISD says it plans to add cameras to Hunt Elementary in Murphy and train teachers to deal with child indecency cases.

Changes Announced for Hunt Elementary

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Emotions Boil Over at Meeting Over School Sex Abuse Case

Hunt Elementary parents said at a heated meeting that they want to know what is being done to prevent another case of sexual abuse after two separate allegations in two years.

Coach Accused of Indecency Warned by Principal: Affidavit

The Collin County Sheriff's Office released the arrest affidavit in the case of a Hunt Elementary School coach accused of indecency with a child.

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The Plano school district is putting safety measures in place after two incidents of suspected sexual abuse between a teacher and a student at a Murphy elementary school within two years.

Last week, Todd Reich, a gym teacher at Martha Hunt Elementary, was arrested on suspicion of indecency with a child.

His arrest came less than a year after a teacher at the school, Joseph Garbarini, was sentenced to more than 60 years for a similar incident.

On Tuesday, parents of students at Martha Hunt Elementary ripped into administrators for not putting safety measures into place.

Steve Cuny, a father of four students, said simple measures, such as more cameras and doors that allow people to look into rooms, were not in place in certain parts of the school.

Plano Independent School District Superintendent Richard Matkin told parents in a letter that he had heard their concerns and that changes were on the way.

"It was with the best of intentions that the district hosted the parent meeting on October 23 to connect the Hunt Elementary School parents and families with additional resources and information," he wrote. "I realize that many walked away from the meeting feeling unheard, and I want to convey my apologies for this sentiment."

The letter listed the following changes that schools officials plan to implement:

• Additional cameras will be added to gymnasiums and common areas. The current plan being implemented is to increase from 40 cameras to 88 cameras.
• All solid doors on offices and classrooms are currently being modified to contain glass/windows.
• Additional counseling staff will be assigned to the campus.
• A full‐time assistant principal will be assigned to the campus.
• All paper and window coverings will be removed from doors and interior windows. However, security systems for lock‐ins, lock‐downs and storm procedures will be followed when necessary.
• Members of the campus leadership team will be in every classroom on a daily basis.
• Training will be provided for Hunt Elementary School personnel related to the particular issues faced this month.
• The district will engage a third‐party review of its human resources practices and procedures to validate current processes.

Benjamin Conner, one of the concerned parents at the Tuesday meeting, said the changes would ease parents worries.

"The steps they outlined in the email were kind of exactly what we wanted to hear on Tuesday night," he said. "From my perspective, it's a step in the right direction. It's positive. People are excited to hear that there are safety measures being put in place."

Conner said he plans to make sure the district follows up on its word. He also mentioned that another meeting between parents and administrators is being planned.

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