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The
October 4, 2012
The voice of the beautiful bayside communities
www.seabreezenews.com PH: 281.235.8885
San Leon – Where the good life gets better every day!
Serving: San Leon, Bacliff, Bayview, Dickinson, Texas City, Kemah, League City, Seabrook & Clear Lake Shores
Bayside
BRIEFS:
Outrage over mistrial in injured baby case
In spite of being found guilty by a jury of a First Degree Felony
in the injury of her infant son, Shaina Coleman-Davila is free
after a mistrial was declared due to “prosecutorial misconduct”
and the District Attorneys Office gave the defendant a plea deal
that will have her serve just ten years probation and no prison
time, along with deferred adjudication. The agreement was
reached on September 24th after the defense motion for a dismissal was made. Had the verdict stood, Davila-Coleman could
have received a life sentence in prison. Judge John Ellisor had
no choice but to go along with the turn of events.
The actual misconduct arose because the prosecutor used the
word “kill” in his closing arguments, alleging that a witness
testified that Davila said she killed her baby. The witness had
earlier testified that she said she “dropped” her baby. This is of
course a large discrepancy, and prompted the defense motion.
Three years ago, on October 28th 2009, baby Kalon suffered
two skull fractures while in the care of Davila. The injuries
were so severe that the child, who was an infant at the time, will
always suffer serious impairment. The child, now 2 years old,
is still living with his mother, although he is not allowed to be
left alone with her, according to court records.
Medical testimony by prosecution witnesses indicated that the
child suffered skull fractures on both sides of his head, and that
earlier rib fractures and knee injuries had been suffered.
One of the Assistant District Attorneys in the case, Reese
Campbell, has been dismissed by County DA Jack Roady.
Bombshells Hang On To Notch Victory
The Bayside Bombshells weathered a late comeback bid by Las
Diablas to win Sunday’s game 102-95 in Texas Pro Roller
Derby action at Alvin.
The Bombshells capitalized on penalties in the first quarter,
charging to a commanding 67-35 lead at halftime. Jammers
Bayside jammers were also able to exploit weak blocking on the
inside, burning Las Diablas on the inside repeatedly.
During halftime, live music by the Guppies From Outer Space
and Black-Belt Karate matches entertained the spectators while
the coaches and captains prepared their teams and adjusted their
strategies for the second half.
After halftime, Las Diablas came roaring back to life, putting up
24 unanswered points before the Bombshells scoring machine
got back on track. Mini Me, Point Blank, and Chupacabra all
took a turn jamming for the Diablas, and the momentum went
over to the red team. By the time the final quarter rolled around,
the Bayside lead had been cut to 88-74, a fourteen point margin.
Two Grand Slams (one of them a 13 pointer) by Queen Bitch
brought Las Diablas within six points of Bayside with just two
minutes left on the clock. But Bayside’s defense rallied and
held on to take the victory.
Rookies Bang Her Rang, Thunder & Lightning, and Cherry
Bomb played impressively for Bayside, while Ginerator, in only
her second game, turned in an outstanding performance as a
power blocker for Las Diablas.
A capacity crowd filled the Alvin Thunderdome, which was
surprising, considering that the game was held on Homecoming
Weekend in Alvin. The game was also broadcast live worldwide via Skype by the Hallway Sports Network. Viewers in
over 40 countries enjoyed the game – the first live telecast from
Alvin by Pro Derby.
INSIDE THIS ISSUE
Page 03
Page 04
Page 09
Page 10
Page 16
Page 15
Page 21
Letters To The Editor
Dear Steve From Sunny San Leon
Funny Bones
Fishing reports & pictures
Police Blotter
News & Views
Classified ads
Something good on every page!
Why The Fish Are Dying
(Part two in a series by Steve Hoyland Sr. of the Seabreeze News)
In our last issue, we reported on the massive fish kill in the area along the shore just north of the Spillway in San Leon.
While that issue was still being printed I took two experts from an independent laboratory out in my boat to take mud
and oxygen samples at the inlet and outlet of the HL&P (Houston Lighting & Power Co.) canal which passes through
our scenic little community. The results finally came back
from the lab just three days ago, and they are startling.
On the HL&P canal inlet side that ties into Dickinson Bayou
the chemical oxygen demand (COD) was 368 (normal being
40 or less.) The dissolved oxygen was 0.3. This dissolved
oxygen level is so low where Dickinson Bayou and the
HL&P canal meet that it cannot sustain any aquatic life. The
lab analyst stated, “With the combination of these numbers
this water is the equivalent of sewer water.”
Coincidentally, there are currently five sewage plants that
dump into Dickinson Bayou and the HL&P canal. On top of
that, Texas City is rumored to have plans to turn the twelve
hundred acres of HL&P property into a housing project.
They have proposed building a sewage treatment facility on
Dickinson Bayou between the inlet canal and the bridge,
where it would dump one million gallons of treated sewage
into Dickinson Bayou every day. What are they thinking?
On the canal outlet at the Spillway, we found the chemical
A large crowd gathered at Wayno’s on
oxygen demand (COD) was 358. The dissolved oxygen level
was 2.8. Once again, the water there will not sustain aquatic
Tuesday to pay respects to beloved San
life. The only good news from the testing we paid for is that
Leon musician Jerry Long with a day of
there were no heavy metals detected in the mud samples.
live music, food, and a balloon release.
The HL&P canal was initially dredged in 1972. According
A memorial jam session will also be held
to specifications contained in the permit, it was to be 18 feet
this Saturday afternoon.
deep all the way from Galveston Bay to Dickinson Bayou.
The same permit contained provisions that Dickinson Bayou
was to be dredged out all the way out to the Houston Ship
Channel. This was never done, not even one time.
This is the specific wording used by the US Army Corps of
Engineers in writing to HL&P, before they issued the initial
permit which created the canal:
“The decision as to where a permit will be issued will be
based on an evaluation of the impact of the proposed work
on the public interest. Factors affecting the public interest
include, but are not limited to, navigation, fish and wildlife,
water quality, economics, conservation aesthetics, recreation, water supply, flood damage prevention, ecosystems,
and in general the needs and welfare of the people.”
The above was written by the district engineer of the
Galveston District, Corp of Engineers.
On May 10, 1972, Mr. D. E. Simmons, Vice President of
Environmental and Inter-Utility Affairs for Houston Lighting and Power stated in writing to the Corp of Engineers that “continued maintenance is planned.” In response, the
Corp of Engineers issued a Public Notice on November 9, 1972 announcing plans for the HL&P proposals which included the obligation for the utility company to perform continued maintenance dredging. It was understood and agreed
upon that the utility would maintain the canal by periodically dredging it and the adjoining bayou, in order to prevent
what has now happened. As stated earlier, no such dredging has ever been performed since that 1972 statement.
Due to the fact that the dredging maintenance was never performed, the HL&P canal and Dickinson Bayou have both
filled in on the ends. This has caused what is called a “Hydraulic Effect”. Hydraulic Effect on Dickinson Bayou means
that the bayou is twenty-five to thirty feet deep until it gets close to the bay where it shoals to just six or eight feet. That
means that the bayou cannot ever flow correctly and get properly flushed out. All of the sediment from runoff collects
into the mud of the bayou (ie: fertilizer, pesticides, and the waste from the sewer plants.) If the mouth of this bayou and
both sides of the HL&P canal were continually dredged as stipulated in the original permit, this hydraulic effect would
not be in play. If the bayou was dredged as stipulated in the permit, the lab analyst said that Dickinson Bayou would
start healing itself immediately. He said, “Mother Nature will eat up all the black muck with natural bacteria once there
is a normal oxygen level and a good tidal flow.” This applies to the canal as well.
Dickinson Bayou and the shoreline can be fixed. It can be a vibrant, aquatic productive estuary once again. Dolphins,
alligators, and all manner of wildlife once lived there. The reason our bayou has died is because someone didn’t do
what they said they were going to do, what they were in fact obligated to do legally.
Who is responsible for this major screw-up? I believe it is a combination of HL&P not doing the dredging they agreed
to do, and the Army Corps of Engineers not verifying that work was performed. It all has to do with money.
We have put all of the documentation on our web site. To see the flounder kill video and copies of the permits and the
drawings of the proposed dredging that was never done please visit www.SeabreezeNews.com/bayou
You do not need to be a subscriber to see this information.
A special thanks to Terry Singletary of Bacliff for all of his help and support. Also, thanks to Texas A&M Galveston
Marine Biology Department for their input.
We are not finished with our investigation. Look for continued coverage in the next issue of the Seabreeze News.
We will be in contact with the Galveston Bay Foundation and their attorney, seeking their knowledge and expertise.
We hope to find some way to open up Dickinson Bayou and both sides of the HL&P canal in order to facilitate the
healing and restoration of our bayou and shorelines, as was expressly promised in the contract.
I have never been a “tree hugger”, but we cannot stand by and allow our coastal waters to be destroyed in the name of
the almighty dollar, especially when the solution to the main problem is so simple.
If you have any information to share or comments please write us at the Seabreeze News or send an email to:
[email protected].
Steve Hoyland Sr.