For example, in the case of In re Knighton, 685 S.W.2d 719, 721 (Tex. Hendee and his two passengers were taken to a Lufkin hospital for treatment of their injuries. Saturday, April 18, 2015 at 11:15:00AM EDT, Sunday, April 19, 2015 at 10:03:00AM EDT, Monday, April 20, 2015 at 10:43:00AM EDT, Saturday, January 16, 2021 at 7:09:00PM EST. William Kennard says the. Further, the noncompliance with the AD increased the possibility that the airplane could be misfueled with Jet A fuel, as occurred before the accident. Now many people would assume that the National Transportation Safety Board would discover this, and sure, they may, but they may discover it a year, or a year and a half down the road when their backlogged cases are completed. A few of Hendee's friends and business associates were traveling with him at the time. He was not wearing a. CHI St. Luke's Memorial spokeswoman Yana Ogletree said that Hendee was flown to a Houston hospital later that day. Remnant Fellowship Church . The flight departed from the Angelina County Airport (LFK), Lufkin, Texas at 0737 and was en route to the West Houston Airport (IWS), Houston, Texas. This year I began to work before Judge Franklin-York (after making full disclosure to my clients). The engine dies. Within 30 seconds, the right engine also lost all power and he descended for a forced landing. LUFKIN, Texas -- A Houston restaurant owner was hurt Friday morning when his twin-engine plane crashed along Highway 59, south of Lufkin. A preliminary report from the National Transportation Safety Board stated that the plane's right fuel tank ruptured in the crash, and [T]he smell of Jet-A fuel was prominent at the accident scene.. Contributing to the accident were the servicing of the airplane with the improper fuel, noncompliance with an airworthiness directive, and the fuel nozzle installed on the fueling truck. A review of the airplanes maintenance records indicated that the AD had been accomplished; however, an examination of the airplane revealed that it was not equipped with the required restrictors. For obvious reasons, I did not represent clients for a while in the 311th once Alicia Franklin became judge. DPS is having to shut down part of the northbound lane, as part of a wing is on the highway. The accident airplane was included in the applicable aircraft. Luke McAllister broke into the village shop to get medical supplies but left a note of stuff he took, and left a note to explain. The plane crashed due to technical failure. Thus, we never EVER let anyone fuel our airplane when we are not there to confirm 100LL. Two fuel placards were located near the filler ports, one read: AVGAS ONLY grade 100LL. Vic had to chase off some looters and sightseers. I would also not let a lawyer question the mothers Christian faith, because she too has her right to her religious views. A delivery truck . But it's gone.. A few of Hendee's friends and business associates were traveling with him at the time. Again, I really doubt any judge who had heard the evidence presented in the jury trial would have granted a new trial because everything was so strongly against the mother even without mention of the temporary orders. Franklin-York is up for reelection next year and I am guessing she will be endorsed by Hotze and Polland. Schmude has told me in the past that he would rather do the right thing and lose his job than ever compromise his ethics and I believe him. If the new trial was not granted, the mother could appeal but that would take years and leave the children with the father until the appeal was resolved. Swenson said it wasn't like any other drive to the office. The pilot reported that, after a flight the day before the accident flight, he requested that the fixed-base operator (FBO) top off the tip tanks with fuel. Within reason, I will publish any rebuttal sent to me so that all sides of this story can be heard. Edd Hendee, who owns the. App. The usual nozzle for Jet A was a larger J-shaped nozzle with an opening of 2 inches. I have spent a lot of time on this story and I have tried my best to be fair and accurate. If the associate judge was disqualified, she should not have issued temporary orders and if those temporary orders were void, they should not have been introduced as evidence or relied on in argument to the jury. Vic Windsor tried to save them but to no avail. This constitutional grounds for disqualification can be raised at any time. denied). She only had the motions and briefs and short excerpts of jury arguments before her when she ruled. The Texas Department of Public Safety says the crash happened Friday morning beside U.S. 59 near Diboll. Hotzes crusade against homosexuals and transgender people has had huge impact on the legislature in Austin and the recent ballot battle over who gets to use womens restrooms in Houston. Edd Hendee Houston, Texas, United States. The Court of Appeals said, The State cannot prefer the religious views of one parent over the other in deciding the best interests of the child. Schmude granted the motion in limine but the mothers attorneys never approached the bench and tried to get that sort of evidence in. Houston restaurant owner injured in plane crash in median south of Diboll, Lufkin man killed in Panola County single-vehicle crash, 2 Houston men arrested in Nacogdoches County for transporting cash, Woman accused of medical child abuse arrested in Rusk County. Yikes, we flew two Cessna 310's for 25 years and Dad told me early is I can remember stories of Jet A in twin Cessna's. Copyright 2015 KTRE. Nick Bates was rescued on the moors, and Seth had spent the night with an old flame. The judge cannot control which lawyers the mother hires or who the mother or her attorneys ask to attend court. Issuance of the airworthiness certificate indicated that all applicable airworthiness directives were completed. The manager had never experienced an aircraft misfueling under his direction in the past. Hendee and his two passengers were taken to a Lufkin hospital for treatment of their injuries. The engine dies. Edd Hendee knew the mother in this child custody case from Second Baptist Church. The mother attends Second Baptist Church. Swenson said the pilot was both blessed and skilled. He spotted a break in the traffic right where he needed to put the Cessna down. The National Transportation Safety Board determines the probable cause(s) of this accident as follows: The total loss of engine power due to the use of an improper fuel type. Your email address will not be published. Shortly after take off on April 17, 2015 a small airplane loss power on both of its engines. The scenes of the fireball hitting Kim's Stables were filmed at Rudding Park. Click this link to read one of my 2014 stories about the CPS billing by Alicia Franklin when she was a lawyer that was part of a scandal involving politically connected lawyers and what they billed the county for court appointments. "We just provided a secure location to store the plane," said Angelina County Judge Wes Suiter. The shame is, of course, that the mother would almost certainly have still lost the trial because of her conduct even without the admission of the temporary orders. "This afternoon the FAA verified that the airport loaded the airplane with jet fuel (kerosene) instead of aviation gasoline which is very high octane gasoline," the Facebook post stated. That is just a sad fact of life. The pilot and his passengers were stunned bu coherent when Swenson approached them. According to DPS, the Cessna 421B twin-engine took off from the Angelina County airport and was on its way to Houston. Swenson explained that one passenger kept thanking him and trying to hand him a business card. It was clear that Schmudes associate judge should not have heard the case (even though the mother and her lawyers never objected and the associate judge had no idea of the conflict until the motion for new trial was filed). A review of the maintenance logbooks revealed that on April 10, 1997, the airplane registration was changed from German registration D-IAEL to United States (US) registration N421PK. I'd like to thank you for giving my cousin's death some type of recognition and letting our family know he is not a lost cause. Diboll (KYTX) - A twin-engine plane makes an emergency landing in Angelina County. EDEN : crash paroles et traduction de la chanson . April 19, 2015 . In case you missed this story about Edd Hendee, it is worth reading. Do Not Sell or Share My Personal Information. At the start of the jury trial, Judge Schmude granted a motion in limine which forbade the lawyers and witnesses from discussing the religious beliefs of the parents. While my opinion does not count for much, I think this case should be heard by a good, retired judge who does not need to worry about reelection or endorsements. The pilot, age 63, held a private pilot certificate with ratings for single engine and multi-engine land airplane. The crash is currently under investigation. Obviously my warning went unheeded. Schmude read the motion for new trial and referred the motion to the regional administrative judge, who assigned retired Judge Doug Warne to consider the request to disqualify Schmude. I was actually a couple cars back from this wreck, one of the first on the scene, and helped administer CPR on the victims. I assume Jared and Gary told Hotze and Hendee that their presence would not sway the judge one tiny bit. The plane crash shook the village and resulted in the village's name change to Emmerdale in 1994 in honour of the Sugden family and Emmerdale Farm. I did e-mail Mr. Hendee to get his side of this story, but so far he has not replied to my request. The last annual inspection was completed on October 17, 2014, at an aircraft total time of 5,212.2 hours. When you fill out a contact or comment form, send us an email directly, initiate a chat session or call us, you acknowledge we may use your contact information to communicate with you in the future for marketing purposes, but such marketing will always be done consistent with the advertising ethics rules established by the State Bar of Texas and you will have the option to opt out of future communications. Schmudes associate judge, Paula Vlahakos, had granted temporary orders which switched custody of the children to the father and gave the mother only supervised visitation. He did not know who changed the nozzles and recalled that they were always like that. I have spent many hours on this story and I have tried to be as accurate and fair as possible. Bombs, a gas explosion was the suggestions. The pilot performed an engine run-up before takeoff, and no anomalies were noted. No Republican in Harris County every wants to get cross-wise with Dr. Hotze. The mothers motion for new trial argued that Vlahakos was disqualified under the Texas Constitution and therefore Judge Schmude was also disqualified. For a while, the mother had been given only supervised visitation with the children, in part because of concerns about unfounded abuse allegations the mother had repeatedly made against the father and his family. The destination for the wreckage is going to be the Dallas area. He spotted a break in the traffic right where he needed to put the Cessna down. Authorities say a pilot and two passengers have been slightly hurt when a private plane bound for Houston made a crash landing along an East Texas road. The airplane reached 2,100 feet above ground level and the left engine sputtered and lost all power. The employee mistook the accident airplane for a similar airplane that uses Jet A fuel. If anything, many judges bend over backwards to avoid the appearance of any favoritism, even to lawyers with strong political beliefs like me. Newman was present with his associate lawyer and an appellate attorney. This is their first wreckage recovery in East Texas. The next morning he performed a preflight inspection on the airplane; there was no water in the fuel sample, which appeared blue like 100LL aviation gasoline. It is actually disgusting to think that a judge would set aside the Constitution and let lawyers play on prejudice against a religion or ethnicity to decide which parent should have custody. The round nozzles were always on the Jet A fuel truck because of the prevalent military helicopter traffic utilizing the FBO's services. Accident occurred Friday, April 17, 2015 in Diboll, TX Probable Cause Approval Date: 08/25/2015 Aircraft: CESSNA 421B, registration: N421PK Injuries: 1 Serious, 2 Minor. They come down again. He told the man to just lie down. ANGELINA COUNTY, TX (KTRE) - Angelina County Judge Wes Suiter confirmed Thursday that an employee at the airport put the wrong kind of fuel in the twin-engine Cessna 421B that crashed on US Highway 59 south of Diboll last week. So, in summary, I conclude that Judge Franklin-York pandered to the Christians in the courtroom when she ruled that a jury can be told the father is Muslim and Iranian and she is totally wrong about that. It took months for the debris from the plane to be cleared. The pilot sustained serious injuries and the two passengers sustained minor injuries. Judge Schmude would not comment for this story and he will not confirm or deny that he resisted political pressure to fire Vlahakos. Edd's airplane cleared the fuel lines of gasoline and then the kerosene hit. 1 John 3:11 This is the message you have heard from the beginning: We should love one another. As an added bonus, I am providing the following photo of these influential Republicans, Dr. Hotze and Edd Hendee (who play major roles in the unfortunate tale I am sharing with you). Yorks organization, Police Inc., is one of the second tier of slate mailers who send postcards to reliable Republican voters telling them who to vote for in judicial races. I'm a former employee. They come down again. Hendee knew he had to trade altitude for speed and pointed the plane's nose down to maintain his speed, the Facebook post stated. Copyright 2015 KTRE. Edd's airplane cleared the fuel lines of gasoline and then the kerosene hit. A relative of Hendee published an account what happened on April 17 on the Taste of Texas Facebook page. Hendee was skiing the black diamond-rated North American Trail on groomed, packed snow. In November 2003, the village was bombarded by journalists eager to interview the residents of Emmerdale who lived in the village during the plane crash, ten years on from the accident. It appears someone in authority was listening to their prayers. He stated that the pilot paid for the fuel and signed the receipt, which noted Jet A fuel was used. The Facebook post stated that after Hendee got to an altitude of about 1,500 feet, he noticed that something was wrong. Unless a parents religion is shown to be harmful to the child, the parents religious beliefs or lack of beliefs should never be allowed into evidence. I can only hope and presume that Polland did not know he was being hired by the mother at the time he spoke to Judge Schmude about the mothers case. Ironically, for once in his career, Newman was probably the least politically connected attorney in the courtroom that day. In addition, Suiter said the pilot, Edd Campbell Hendee, of Houston, signed the receipt that listed the fuel that was put in his plane, jet fuel. 2012-59856, a child custody modification case pending since June 2014 in Harris County. The smell of Jet A fuel was prominent at the accident scene. Doug York often works closely with and coordinates his political effort with the big 3 Republican slate mailers in Harris County, two of whom play major roles in this story. Swenson explained that one passenger kept thanking him and trying to hand him a business card. Edd Hendee, who sat next to Hotze in the courtroom that day, is a wealthy restaurant owner who is also prominent in Republican circles. Fuel records obtained from KLFK revealed that the accident airplane was fueled with 53 gallons of Jet-A on the previous day. Edd Hendee, who runs the Taste of Texas, was piloting the . We heard from the tower that he declared an emergency and was very business-like on the radio, the Facebook post stated. It is possible that Schmude was aware of the political threats from Polland and decided he could not rule one way or the other without having his fairness questioned. Houston [1st Dist.] When Hendee's plane came out of the cloud layer, he was at an altitude of about 700 feet, the Facebook post stated. The granting of a new trial can be challenged via mandamus and I predict the father in this case will do so. A pilot, identified as 63-year-old Edd Hendee and two passengers were hurt when the plane they were in had to make a crash landing near Highway 59. He is in stable condition. He may nly have 1/2 a leg, but that is ALL he is lacking!! His back hurts.. The scene was cleared by 4:15 p.m. Authorities said Hendee was regarded by friends and family as an expert skier. The lives and futures of two very young children are being decided in Cause no. Three people have been taken to a Lufkin hospital for what appears to be cautionary reasons following a twin-engine plane crash on US 59 south of Diboll Friday morning. All the lawyers agreed this was not a problem and no one objected to Schmude because of that conversation. The Texas Department of Public Safety says the crash happened Friday morning beside U.S. 59 near Diboll. But, in the end, I would probably have granted the new trial with supreme reluctance and regret. I am told that the mother has spent over $300,000 on Polland, Woodfill and Wainwright since the jury verdict in March 2017. If the reasons she gave for the new trial are bogus, we can conclude that political considerations influenced her. I was planning to write something really complimentary about Judge Franklin-York and then I heard about this shocking case. Officials from FAA are investigating the crash. According to the Facebook post, Hendee made the decision to land at the Angelina County Airport. The printed receipt showed 53 gallons of Jet A with FGII additive. He has trained for this for years, over and over. The judge should order that the lawyers review every pleading and filing to determine if there should be redaction or if the document should not be viewable by the public. Thanks, family and friends of Tony Wray. In mid January 1994, Mark, Leonard and Elizabeth were buried in the village cemetery, and a memorial for Archie made, as his body had been vapourised by flames. Flowers rained down from the sky. If we can find genuine legal reasons to set aside the jurys verdict, then it is less likely that Hotze and Hendee on the front row moved her. "We heard from the tower that he declared an emergency and was very business-like on the radio," the Facebook post stated. Newman and his legal team were sure that Schmudes rulings and the jury verdict would have been upheld on appeal. The emergency services arrived and took over. Suiter said that the county had to let the employee go because of the mistake even though the young man is well-liked. The parents in this case deserve at the end of the day to know a fair, impartial judge heard their case and that politics played no role in the judges rulings. Suiter said that the county had to let the employee go because of the mistake even though the young man is well-liked. "As I got closer, I realized his propellers weren't spinning.". Hazardous material crews are responding to the scene to remove fuel on the roadway and median. For months, Eric had to put up with a vengeful Michael trying to prove that he killed Elizabeth and used the plane crash to cover it up. The new judge in the case, Alicia Franklin-York, is a Republican. Further, the FBO employee who fueled the airplane reported that he mistakenly serviced the airplane with 53 gallons of Jet A fuel; examination of the fuel tank filler ports revealed placards next to the ports indicating that only 100LL fuel was to be used. The airplane was registered to and operated by a private individual under the provisions of 14 Code of Federal Regulations Part 91 as a personal flight. The transcripts of the jury argument in the trial made by Newman and the amicus attorney, Bruce Steffler, show that the associate judges rulings in the temporary orders were part of their final arguments. Several other lawyers bravely took on Pratt as well, but the publicity and evidence generated by this newsletter had a lot to do with Pratt resigning. Woodfill and Polland were joined at the counsel table by a former Republican Texas Supreme Court Justice, Dale Wainwright. After a normal engine run-up, he and the two passengers departed. Fires and explosions ripped through cottages, main roads were blocked, black smoke was everywhere, Beckindale's green and pleasant land was engulfed in flames,chemicals and debris. Now, the next big event in this custody case is probably a petition for writ of mandamus against Franklin-York to reverse the grant of the new trial and then, if no mandamus is issued, eventually a hearing on temporary orders to decide whether the two young children stay with the or whether they return to the mother. That very clearly has always been the law in Texas. The next morning, Hendee did a pre-flight check and took off. Does anybody know if the crash was due to a flaw in the plane, or did a company that maintain the aircraft do a poor job? To get around these long times, an independent investigation can be arranged, much like a second (faster) opinion from a doctor with a medical diagnosis. Now, I presume I am back out of the 311th for a few more years. At The Woolpack, some of the customers were injured but not seriously. He drops his landing gear and does the very best he can to flare the airplane to slow his vertical drop before they hit, the Facebook post stated. The school was set up as an emergency shelter. It happened around 7:40 Friday morning on Highway 59 South in Diboll. CHI St. Luke's Memorial spokeswoman Yana Ogletree said that Hendee was flown to a Houston hospital later that day. Bad news and worse news." The family member wrote that Hendee was on a business flight from Kansas City to Houston.. On July 20, 1984, Cessna Aircraft Company issued a Service Information Letter ME84-31: Fuel Filler Diameter Modification and External Turbo Placard Removal. Im Attorney Michael Grossman and when Im not kicking tail in the courtroom, I write about accidents in the news and provide a lawyers perspective. "He misses the light poles, hits the highway and bounces, crushing his left landing gear. and that is why Pratt resigned and Franklin was then appointed. A plane had come down on the village. 11, which forbids a judge who has represented a party in the same matter from hearing the case. There could be totally benign reasons why Hotze and Hendee sat on the front row in the courtroom when Judge Franklin-York had to decide whether to throw out a jury verdict for the father and grant a new trial. It is said by a few cynics that the mere presence of these two men staring at the judge greatly increases the chances of courtroom success. No matter why Schmude took himself off the case, Polland and Woodfill were surely pleased because no judge who had heard the evidence at trial of the mothers conduct would ever be likely to grant a new trial and erase the jurys verdict. Before the accident flight the next morning, he performed a preflight inspection of the airplane; there was no water in the fuel sample, which appeared to be blue, similar to 100LL aviation fuel. Federal authorities asked Angelina County for a secure place the plane could be held until a recovery company could collect it. It is a shame that the entire process was tainted by politics. Kim's horses died in the fires at her stables. Newman is just an attorney who is extremely good at what he does. The fathers family is Muslim but the father is not devout and is basically not religious. You should not send sensitive or confidential information via the Internet. Fireballs shot down from the sky and much of the village lay in ruins. Judge Franklin-York ruled that it was error to admit the temporary orders into evidence. When Hendee crossed over into Texas, big nasty thunderstorms were rolling across the Lone Star State. The next morning, Hendee did a pre-flight check and took off. This material may not be published, broadcast, rewritten or redistributed. On April 17, 2015 at 0745 central daylight time, a Cessna 421B airplane, N421PK, made a forced landing onto a highway near Diboll, Texas. A credit card receipt signed by the pilot also showed that the airplane was serviced with Jet A fuel. The Facebook post stated that after Hendee got to an altitude of about 1,500 feet, he noticed that something was wrong. Fair enough, this happens, he trims up and does what he needs to do if he loses that engine," the Facebook post stated. "Finally Edd comes out, slowly, and limps over to the side of the highway and lies down. I just know that no lawyer in their right mind would have tried the same tactic with Judge Farr or Judge Moore (or Maldonado). It is widely believed that rich people are hiring Jared Woodfill for their family law cases because of his political connections.