Cedar Creek Pilot, Gun Barrel City, TX

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July 1, 2009

Man arrested for shooting daughter

CHEROKEE SHORES- Several thefts and a man who shot his daughter have brought Henderson County lawmen to the small town of Payne Springs twice this week.

According to reports from Henderson County Sheriff Ray Nutt, Nicole Montano was discovered Saturday after being shot in the leg and foot by her father, Gary Wayne Payne, 59.

Two days later, an unrelated series of burglaries totaling over $20,000 were reported in the same lake subdivision of Cherokee Shores, off Hwy. 198 in Payne Springs.

Shots from a 12 gauge shotgun injured one woman, who’s father has been charged with aggravated assault with a deadly weapon June 27.

According to Nutt, deputies and District Attorney investigators arrived at a Cherokee Shores residence on Kokomo Street around 10:45 p.m. in response to a shooting.

Victim Montano, 29, was located in her home where she had been shot by her father Payne.

Initial responders were deputies Richard Miller, Ronny Snow and Josh Rickman with DA Investigator Baldemar Quintanilla.

Investigator Bryan Tower and the Henderson County Sheriff’s Office (HCSO) Command Staff were called to the scene.

According to a HCSO press release, “an argument between Montano and Payne had taken place and escalated, Payne left his daughter’s residence and went to his residence next door. Payne returned with a 12 gauge shot gun and began firing towards Nicole, striking her in the leg and foot.”

Soon, the HCSO Tactical Team was called into action and arrived at Montano’s residence and found the subject in the home. Payne was taken into custody without incident.

Montano was taken to East Texas Medical Center (ETMC) in Gun Barrel City but was later transported by helicopter to the ETMC in Tyler.

Payne was arrested and transported to the Henderson County Detention Center where he was booked for aggravated assault with a deadly weapon.

Justice of the Peace Precinct 4, Sue Tarrant set a $75,000 bond for Payne.

The victim has been released form the hospital at this time.

Supervisors on the scene were Sheriff Ray Nutt, Chief Deputy Dan Parker, Mayor Kevin Hanes and Captain Kay Langford.

Monday the HCSO received several reports of missing jet skis early in the morning, June 29.

The reports all came from residences of the Cherokee Shores sub-division.

Shortly after numerous calls were made reporting the same type of theft, the missing jet skis were located off shore in a Cedar Creek Lake cove.

Around the same time, three young males were reported to the HCSO due to suspicious activity. They were seen pushing a 4-wheeler down a Cherokee Shores street.

Further investigation discovered the 4-wheeler must have been stolen.

Patrol deputies Billy Jack Valentine and Sergeant Mitch Baker arrived at the scene where they detained three suspects who had obtained the 4-wheeler and a stolen go-kart.

As the investigation continued, Investigator Kalon Rollins assisted Valentine and Baker in determining that the three of them were also involved in the unauthorized use of the jet skis that were reported earlier that day.

The three suspects were only identified as one adult male and two juvenile males by Nutt’s reports.

While the three of them were being questioned, more information revealed a burglary at a Coahoma Street residence in Cherokee Shores.

Soon after, two male suspects were found with the stolen property in their possession.

They were identified as one adult male and one juvenile male, for a total of five accomplices to be charged with theft and burglary.

At this time, two 4-Wheelers, a go-kart, six jet skis and several other items from the residential burglary have been included in the inventory recovered from the burglaries.

The identities of the five male suspects will be released at a later date due to investigative purposes, according to Nutt.

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Man arrested for shooting daughter
by By NICOLE HINES , , Wed Jul 01, 2009, 09:51 AM EDT
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