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5 years ago · by · 0 comments

Uber Report Reveals Over 3,000 Cases of Sexual Assault

 

 

 

 

Uber says it received 5,981 reports of sexual assault in 2017 and 2018.  Among those, there were 464 reports of rape.  The report also noted there were 19 deaths caused by physical assault during 2017 and 2018.  The report showed that about 92% of the victims of rape were riders and about 7% of the victims were drivers. Women and female-identifying individuals made up 89% of the victims with men and male-identifying individuals comprising about 8% of victims.  Less than 1% of victims identified as gender minorities.  The other four categories of sexual assault defined by Uber — including non-consensual kissing, non-consensual touching and attempted rape — did not detail whether the reporting parties were victims.  Lyft said it would release its own safety report but it has not indicated when.

Uber also released “early estimates” for the first six months of 2019.  It estimated that one out of every 6 million trips may result in an incident report concerning non-consensual sexual penetration, and one in every 900,000 trips may result in an incident report concerning non-consensual touching of a sexual body part. Based on these estimates, and Uber’s own estimate that it has 45 rides every second in the US alone, there were more than 100 reports of rape, and nearly 800 reports of non-consensual touching of a sexual body part, in the first half of 2019. The first half numbers are subject to change, due to factors such as auditing and late reporting.

The ride hailing app has repeatedly been criticized for not taking passenger safety seriously, and for ignoring reports of rape and sexual assault by its drivers.  The company incidents of sexual assault are rare, as the company averages more than 3 million trips each day.  The report only covers Uber’s U.S. operations.  Critics say Uber should be doing more, particularly with background checks, to weed out potentially dangerous drivers. Unlike many taxi companies, Uber and its main U.S. rival, Lyft, do not check drivers’ fingerprints against a national database.  Uber says the FBI has acknowledged its database is incomplete and does not always include a final disposition. The company’s process includes a motor vehicle screening, a criminal background check and ongoing notifications about any new offenses.  An added fingerprint check, which can’t be faked, could add precious time to the driver-approval process.

A U.S. House committee is looking at legislation that could reduce the number of sex assaults involving ride-hailing passengers and drivers by requiring fingerprint background checks, camera monitoring and front license plates for ride-hailing cars in states that don’t have them. This would help prevent fake ride-hailing drivers from picking up passengers by making it easier for passengers to check plate numbers against the ones provided by Uber and Lyft.  There could be limits on what federal legislators can do because ride-hailing companies conduct interstate commerce, but that is new legal territory.

Uber has been making efforts to improve safety over the last two years, including an in-app emergency button, a ride-check feature that detects unexpected stops or crashes and the ability for riders or drivers to share their location with loved ones during a ride. The company outlined additional safety steps it will take in the report.  Both Uber and Lyft are promising more safety initiatives to try to prevent sexual assault during ride-sharing trips by better educating drivers.  In 2020, Uber plans to expand sexual misconduct and assault education for all U.S. drivers and is working with the Rape, Abuse & Incest National Network or RAINN, the nation’s largest sexual violence organization, to design the program. Uber wants to share the names of drivers who have been banned from the platform with other ride-sharing companies.  Lyft also is working with RAINN on a safety education program, which drivers are required to complete, according to Lyft’s web site.  In October, Lyft teamed up with security company ADT to develop new safety features in nine markets for early 2020. Both companies offer in-app access to 911.

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5 years ago · by · 0 comments

New Cases of Mysterious Vaping Illness Continue

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Lung injuries and deaths linked to the use of e-cigarettes and vaping products has continued to rise in the US.  The CDC has confirmed 2,290 vaping related lung injury cases and 47 deaths reported as of November 21st, 2019.  Cases have been reported in all states except Alaska, along with the District of Columbia and two U.S. territories.  Deaths have been confirmed in 25 states and Washington D.C., with more being investigated.  Those affected by these illnesses range in age from 13 to 75 years old.

CDC data shows on 514 patients, about 77% reported using THC-containing products in the 30 days prior to the start of their symptoms. However, 16% reported using only nicotine-containing products.  The illness is marked by chest pain, shortness of breath and vomiting, and it has largely affected young people. The vast majority of cases, almost 80%, involve e-cigarette users younger than 35, and another 15% are younger than 18.

While the investigation into the cause is still ongoing, the CDC has uncovered a potential cause- vitamin E acetate.  Samples taken from the lungs of 29 people with e-cigarette, or vaping, product use associated lung injury or (EVALI) all contained vitamin E acetate.  The CDC has also expanded its laboratory testing to include lung fluid, blood, and urine samples from patients, as well as lung biopsy and autopsy specimens.

Vitamin E acetate is commonly used in ingested supplements or skin care, and in those cases appears to be safe.  Dr. Anne Schuchat, principal deputy director of the CDC said previous research has found that when vitamin E acetate is inhaled, it may interfere with normal lung function.  She said they are no longer seeing such a dramatic rise in EVALI cases as earlier this fall but that some states are still investigating potential cases.

The agency continues to work with the Food and Drug Administration (FDA), states, and health providers to track and investigate this outbreak.  The agency is also testing the vapor of e-cigarette products that have been involved in these cases to look for potentially harmful compounds.  While it appears that vitamin E acetate is associated with EVALI, evidence is not yet sufficient to rule out contribution of other chemicals of concern to EVALI.  Many different substances and product sources are still under investigation, and it may be that there is more than one cause of this outbreak.

EVALI looks and sounds like pneumonia. Symptoms include chest pain, shortness of breath, fever, nausea and vomiting. But it’s not an infection. The antibiotics used to clear up pneumonia don’t help the vaping illness and without knowing if a patient vapes-doctors might pursue the wrong treatment or miss the chance to encourage the person to stop.  The CDC reports that some early patients with the illness who have been out of the hospital for several weeks have begun receiving follow-up care. Doctors are reporting that patients’ recoveries have varied, with some patients appearing to make full recoveries and others continuing to have trouble breathing. CDC reported that some patients have relapsed and had to be hospitalized a second time, with readmissions occurring from as few as five days to as many as 55 days after initial discharge.

E-cigarette manufacturers have advertised their products as a better option for adult smokers who are already hooked on nicotine. For thousands of young people who have never smoked, however, vaping plays the opposite role: It establishes a nicotine addiction that will ultimately lead to cigarette smoking.

 

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5 years ago · by · 0 comments

Three Baltimore Men Freed After 36 Years in Prison

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Three Baltimore men who spent 36 years in prison were released after authorities say they were falsely convicted of a 1983 murder.  Alfred Chestnut, Ransom Watkins and Andrew Stewart were granted a writ of innocence after being convicted of first-degree murder of a middle school student, DeWitt Duckett.   According to police, Duckett, 14, was shot and killed for his coveted Georgetown University basketball jacket in November 1983.

Chestnut has maintained his innocence since his arrest and the parole board denied his early release in part because he refused to admit responsibility for the shooting, the state’s attorney said.  After he filed an information request this past spring, he discovered new evidence that was kept from his attorneys during trial. He reached out to Baltimore’s Conviction Integrity Unit, which was reviewing old convictions.

 

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Chestnut and Watkins were 16 at the time of their arrest and Stewart was 17.  The three teenagers had been skipping high school classes to visit former teachers at Harlem Park Junior High. Their teachers said they were being “silly,” but not threatening. School security escorted them off campus about half an hour before the murder occurred, according to a joint petition filed by the men and Baltimore City State’s Attorney Marilyn Mosby.

Watkins lawyer said the three teenagers were each arrested Thanksgiving morning, waking up with police with guns drawn on them.  They were convicted based on witness testimony and what prosecutors at the time said was a crucial piece of evidence — a Georgetown jacket found in Chestnut’s bedroom.  Chestnut’s jacket had no blood or gunshot residue and his mother was able to produce a receipt.  A store clerk also testified that she had purchased it recently, the joint petition said.

Lawyers involved in the case said they were “horrified” to see the amount of exculpatory evidence that was hidden from the defense team and jury.  Both the suspects and trial witnesses, all minors, were interrogated by police without their parents.  Potential witnesses were interviewed in a group and told to “get their story together,” according to Chestnut’s lawyers.  Anonymous calls identifying another shooter were kept from the defense, Mosby said. That teenager was seen after the shooting wearing what appeared to be Duckett’s jacket and confessing to the murder, she said.  That suspect has since died and all trial witnesses have since recanted.  “We have intentional concealment and misrepresentation of the exculpatory evidence, evidence that would have showed that it was someone else other than these defendants,” Mosby said.

Mosby apologized to the men “I don’t think that today is a victory, it’s a tragedy. And we need to own up to our responsibility for it,” Mosby said. “There’s no way we can repair the damage to these men, when 36 years of their life were stolen from them.  You were all arrested on Thanksgiving 1983. Now you are free to spend the holidays with your loved ones for the first time in 36 years,” Mosby said in a press conference.  The men are now in their early fifties preparing to enter adulthood on the outside for the first time and at least two have never driven a car before.  Now, late in life, they will experience a world very different from the one they were barred from since their teens.

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5 years ago · by · 0 comments

Daily HI4E.org Trivia Contest Winners For The Week Ending: Sunday, December 1st, 2019.

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Daily HI4E.org Trivia Contest Winners For The Week Ending: Sunday, December 1st, 2019.

In an effort to broaden the company’s “social interaction” with our clients and FaceBook fans, Daily Trivia Questions are posted on both of our business pages. Here are the weekly standings for this past week, and the winner of the Sunday night Weekly Drawing for an AmEx/VISA gift card!     

Congratulations  – To this past week’s Trivia Contest Winner!!   Our latest contest winner for the weekly FaceBook HealthInsurance4Everyone/Health & Life Solutions, LLC Trivia Contest, drawn randomly by computer late Sunday evening, December 1st, 2019 was:

         

ANDREA  SOMERS

 

Winner Of A $25.00 AmEX/VISA Gift Card

 

Each day, fans who have “liked” either of our company FaceBook pages (HealthInsurance4Everyone  or Health & Life Solutions LLC) are able to test their skills with our Daily TRIVIA QUESTION.  The first 20 winners who post the correct answer to the TRIVIA QUESTION, will then get entered into the weekly drawing held late on Sunday evenings for a $25.00 Am Ex/Visa Gift Card.


Weekly Gift Card winners will be posted in our blog at this site.  Remember to become a FaceBook fan and “Like and Follow” either of our company pages to enter and post your answers. 

 

Trivia Last Weeks Winner

 

The drawing entries 11/25/19 thru 12/1/19 are:

 

11/25/19

 

 

Andrea Somers

 

Suzie Mize Lockhart

 

Amanda Reid

 

Barbara Austin

 

Jane Peterson

 

Brandi K Chaney

 

Dawn Marie

 

Lena Perry

 

Amanda Rosario

 

Kristina Harris

 

Kim Avery

 

Dawn Raasch

 

Deborah Thomas

 

Terry Schmitt Sutton

 

Marilyn Wall

 

Cathy Ahner

 

Tracy Heyer

 

Cheryl Stoker Hall

 

Steve Ahner

 

Stephen Earl

 

 

 

11/26/19

 

 

Andrea Somers

 

Joanie Waterman

 

Lauren Bradley

 

Melinda Poullion

 

Dale Fish

 

Jill Nauyokas

 

Shannon Schleif

 

Trish Hysell

 

Nitasha Shank

 

Pamela White Brearley

 

Debbie Bloxom

 

Tony L Smoaks

 

April Ashcraft

 

Karen Brunet Moore

 

Wendi Black

 

Rhonda Grisham

 

Tracy Heyer

 

Kimberly Taylor Hall

 

Debbie Garretson

 

Haley Babineau

 

Madeline Lonergan

 

 

11/27/19

 

 

Nicole Blaha

 

Theresa Signourney

 

Sheila Carvell

 

Sherry Lilly

 

Brittany Doerfler

 

Patricia Oehlert Vazquez

 

Melinda Poullion

 

Andrea Somers

 

Debbie Garretson

 

Maria Bouchard

 

Alicia Dansby

 

Thomas Ryan Gan

 

Andrea Ayala

 

Jenifer Garza

 

Gina Rock

 

Danyel Leigh Walentin

 

Wendi Black

 

Tina Auth

 

Amy Flecknoe Moyer

 

Sarah Bellestri Shih

 

Alana Dimambro

 

Karyn Koehler

 

Dawn Raasch

 

 

11/28/19

 

 

Wendi Black

 

Katie Santos

 

Alyssa DiFazio

 

Chantal Bell

 

Kendra Lynne Ramsey

 

Katrina Jordan-Worford

 

Jessica Steiner

 

Jennifer Ramlet

 

Adaria Johnson

 

Tiffany Borek

 

Crystal Young

 

Becky VanGinkel

 

Chandra Beckwith

 

Dave Miller

 

Melissa Ann Stura-Bassett

 

Sheila Carvell

 

Jennifer Vega

 

Robin Griffitts Pratt

 

Jean Simmons Homfeld

 

Lisa Marie Ferraiolo Whitener

 

Lori Capobianco

 

 

 

11/29/19

 

 

Shannon Scott

 

Jennifer Ramlet

 

Vickie Gipson

 

April Ashcraft

 

Melinda Poullion

 

Barbara Austin

 

Dean Bruss

 

Alana Dimambro

 

Mandi Smith

 

Andrea Somers

 

Brooke Shelby Rae

 

April Ashcraft

 

Joann Tompkins-Winborn

 

Deidra Dees

 

Misty Shallcross

 

Mya Murphy

 

Debbie Gremlin

 

Kendra Lynne Ramsey

 

Jennifer Marie

 

Alyssa DiFazio

 

Marilyn Wall

 

Brittany Seiler

 

Derek Jennings

 

 

 

11/30/19

 

 

Martha Prescott

 

MarTez Rodgers

 

Karen Bondehagen

 

Sarah Bellestri Shih

 

Cathy Ahner

 

Eleazar Ruiz

 

Steve Ahner

 

Christy Hawkes

 

Barbara Austin

 

Stephen Earl

 

Nancy Pfirrman Schools

 

Rhonda Grisham

 

Kim Avery

 

Jay Robert

 

Bryan Jared

 

Mike Wallace

 

Jeannie Prosser

 

Debbie Bloxom

 

Cindy Quisenberry

 

Karen Brunet Moore

 

Robin Jedele

 

Jeremy Mclaughlin

 

 

 

12/1/19

 

 

Nelle Bailey

 

Stephanie Beckwith

 

Tracy Shafer

 

Janice McKay Donahue

 

Amanda Rosario

 

Kassie Lynn DiFazio

 

Jenai Merri

 

Kimberly Snyder

 

Amanda Justice

 

Tiffany Greene Elliott

 

Holly Cajigas

 

Kristina Harris

 

Sarah Harrison

 

Donna Blankenship

 

Anna Nichols

 

Debbie Gremlin

 

Melissa White

 

Jennifer Lang

 

Marilyn Wall

 

Debbie Bloxom

 

Melissa Ann Stura-Bassett

 

Tammy Lee Stookey

 

  

Rochester MN Skyline Hlth Life Sltns

 


Be sure to watch both of our FaceBook pages for your chance to win and enter again next week, with questions posted daily on HealthInsurance4Everyone or at Health & Life Solutions, LLC!!

Remember that if you try your hand at answering the Trivia Question several days each week, your odds of winning the Sunday weekly drawing are much better. 

Also note that a number of the posted answers each day are from contestants who have forgotten to “Like” one of our pages, so their names WILL NOT be entered at the end week drawing for the gift card, giving our fans a better chance!

You may also find that if you “Like” BOTH of the business pages, you will receive faster notifications of the other players as they post their answers to compete with you!  HI4E Large Logo

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At Health Insurance 4 Everyone, we not only want to improve our customer service but also interact with our customers on a social media level that wasn’t available before. Interested in connecting with us?  Look us up on….

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Twitter: Healthinsurane4  (Follow Us On Twitter To Receive Faster Notifications When Daily Trivia Questions Posted, & To Be Immediately Notified When Weekly AmEX Gift Card Winners Are Announced!!)

 

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Like us on facebook: HealthInsurance4Everyone or Health & Life Solutions, LLC

 

Over 54,000 Combined Fans/Followers To Our Social Media Sites, & We’re Growing Daily!

 

Follow Mark Shuster, Founder/Owner at Health & Life Solutions, LLC for daily health tips!

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Follow our word press blog and read about everything from health insurance and reform news to healthy living and current events!

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5 years ago · by · 0 comments

Clemency Granted for Troops Involved in 3 Controversial War Crimes Cases

 

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The administration has granted clemency to three controversial military figures embroiled in charges of war crimes, arguing the moves will give troops “the confidence to fight” without worrying about potential legal overreach.  Army 1st Lt. Clint Lorance, convicted of 2nd degree murder in the death of two Afghans, was given a full pardon.  Army Maj. Mathew Golsteyn, who faced murder charges for a similar crime, was also given a full pardon for those alleged offenses.  Special Warfare Operator Chief Edward Gallagher, who earlier this year was acquitted of a string of alleged war crimes, had his rank restored to Chief Petty Officer.

Critics have warned the pardons could send the message that troops need not worry about following rules of engagement when fighting enemies abroad.  Lorance’s case dates back to a 2012 deployment to Afghanistan, when he ordered his soldiers to fire on three unarmed men riding a motorcycle near their patrol.  Members of his platoon testified against him at a court-martial trial, describing him as over-zealous and the Afghans as posing no real threat.  He was sentenced to 19 years in prison at Fort Leavenworth, Kansas.

Golsteyn’s case had not yet been decided, with a scheduled trial date in December on charges he murdered an alleged Taliban bomb maker, and burned his remains in a trash pit during a 2010 deployment with 3rd Special Forces Group.  Golsteyn, an Army Green Beret major, had pled not guilty to murder and related charges.  His pardon effectively puts an end to that legal case before any verdicts were rendered.

While Gallagher was acquitted of murder and obstruction of justice charges in July, a panel of his peers recommended he be reduced in grade for posing with the body of the teenaged detainee, a crime he never denied.  His rank was restored with the pardon but the Navy plans to remove Chief Gallagher from the elite SEAL team despite the pardon.  It’s been reported that several top military officials threatened to resign if Navy officials did not move forward with these plans despite the pardon.

Chief Gallagher was accused of multiple offenses during his final deployment to Iraq and during the Battle for Mosul. The most prominent and disturbing accusation was the murder of a prisoner of war, a war crime.  A captured young ISIS fighter was being treated by a medic.  According to two SEAL witnesses, Gallagher said over the radio “he’s mine” and walked up to the medic and prisoner.  Without saying a word to the medic or prisoner, Gallagher killed the prisoner by stabbing him repeatedly with his hunting knife.  Gallagher and his commanding officer, Lieutenant Jake Portier, then posed for photographs of them standing over the body with some other nearby SEALs.  Gallagher then text messaged a fellow SEAL a picture of the dead captive with the explanation “Good story behind this, got him with my hunting knife.”

Gallagher was also accused of being indiscriminate, reckless and bloodthirsty during his 2017 deployment.  Fellow snipers did not consider him to be a good sniper because he would allegedly take random shots into buildings and indiscriminately spray neighborhoods with rockets and machine gun fire with no known enemy force in the region.  Several snipers testified that they witnessed Gallagher taking at least two militarily pointless shots, shooting and killing an unarmed old man in a white robe as well as a young girl walking with other girls.  Gallagher was allegedly known for boasting about the large number of people he had killed, claiming he averaged three kills a day over 80 days, including four women.

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5 years ago · by · 0 comments

Video Shows Arizona Deputy Tackling Quadruple Amputee

 

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An Arizona sheriff’s deputy has been placed on administrative leave after disturbing cellphone video footage surfaced showing the deputy tackling and pinning a 15-year-old quadruple amputee to the ground.  The incident sparked an internal affairs investigation by the Pima County Sheriff’s Department and a spokesman for the sheriff’s department said Deputy Manuel Van Santen was placed on leave pending the investigation.

The Sept. 26 incident started when the 15-year-old, who was in a group home after being abandoned by his family, allegedly knocked over a garbage can and verbally threatened a worker.  Van Santen was called to the group home to restore order.  In the video, Van Santen is seen holding the boy down for more than a minute as the teen struggles to break free.  The deputy is shown in the video kneeling next to the amputee and putting the teen in a headlock.  The teen can be heard becoming more upset, asking the deputy not to hold him down.

When Van Santen loosened his grip, the boy attempted to break free but did not get far before the deputy tackled him, wrapping his arms around the teen to subdue him.  Eventually, the boy stops protesting and the officer lets him get up, asking him what his problem is, and why he kept moving when he was told not to move.   As the 15-year-old insists he doesn’t have a problem and only threw a trash can, the deputy gets louder, bending over so that his face is inches away from the teenager’s as he yells and swears at him.

The teen recording says to the deputy, “Hey, you asked him a question, and he answered,” he tells the deputy.  “Shut the hell up!” the deputy snaps back.  He orders the teen out of the room and the boy responds that he can’t eat his cereal in his room.  The deputy storms over, screaming at him to stay out of something that doesn’t involve him. “You shut the hell up!” he yells again. Both teens were arrested on disorderly conduct charges but Arizona prosecutors dropped disorderly conduct charges against the quadruple amputee.

Pima County public defender Joel Feinman said the incident likely would not have come to light if it had not been recorded by another teen living in the home since Van Santen was not wearing a body camera.  It is not clear how long the incident lasted, as the 8 minute video began in the middle of the struggle.  Feinman said the 16-year-old boy who recorded the incident had his head pushed into a wall by deputies during the incident.  “These are kids who have already been traumatized in some way,” Feinman, whose office is representing both boys.  “Men with badges should not be acting this way,” Feinman told the television station. “Men and women who do act this way should not have badges and guns.”

Feinman stated that given that Immanuel has no legs and is missing most of his arms — and wasn’t even wearing a shirt, making it unlikely that he could have somehow been hiding a concealed weapon –it is hard to fathom that he posed a threat to “this very large policeman with a badge and a gun.” Regardless of what the teenager said to the officer, he argues, the better response would have been to sit down and try to de-escalate the situation.

 

 

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5 years ago · by · 0 comments

Father of Atatiana Jefferson on Dies

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The father of Atatiana Jefferson has died, less than one month after a police officer killed his 28-year-old daughter by shooting through the bedroom window of her own home.  Atatiana’s father, Marquis Jefferson, 59,  died after suffering a heart attack. The family spokesman said, “I can only sum it up as a broken heart.” Atatiana was his only child and she was killed exactly one month ago, on October 12, by police officer Aaron Dean.  The spokesman, Bruce Carter, said Jefferson had been under a lot of stress since his daughter was killed and was also battling Chronic Obstructive Pulmonary Disease, which makes breathing difficult.

Jefferson had been embroiled in a family dispute involving his daughter’s funeral and burial arrangements, which were controlled by her aunt, Bonita Body. He argued that as the surviving parent of Atatiana, he should have control of her burial, and was granted a temporary restraining order to postpone the funeral. The service eventually took place on October 24.  “He was battling to be a part of her life to the end,” Bruce Carter, the family’s spokesperson, said. “I think it just got the best of him.”

Lee Merritt, attorney for Atatiana Jefferson’s family, said in a statement they were saddened to learn the news about Marquis Jefferson and “of course” the loss his daughter factored into his death.  “Her death rocked the nation but no one felt it more than the people that were directly tied to her in life,” Merritt said. “Those people haven’t had a chance to grieve like normal families. They have been thrust into a very public, very emotional, very draining fight for justice.”

On October 12, at around 2:30 a.m., Dean had arrived at Atatiana’s Forth Worth residence with another officer in response to a non-emergency “wellness check” called in by a neighbor who noticed Atatiana had left her front door open.  Atatiana was playing video games with her 8-year-old nephew when she heard noises outside of her home.  According to her nephew, she took her handgun from her purse and pointed it “toward the window” just before getting shot by Dean.  The two men did not identify themselves as police when they approached the window where Atatiana stood.

Body camera footage showed Dean looked inside a window using a flashlight, spotted someone inside standing near a window and said, “Put your hands up — show me your hands.” He shot seconds later.  At no point did he identify himself as an officer and he did not appear to have knocked on the door.  Dean resigned from the police department shortly afterward, and was arrested and charged for Atatiana’s murder. He is currently out on a $200,000 bond.

Dean completed police training at the Fort Worth Police Academy in March 2018 and at the time of the shooting, had been with the department for 18 months. Prior to the shooting, the only entry in his Fort Worth police personnel file was about a traffic collision.  Dean’s training records from his first year on the job note concerns from supervisors which included that he had “tunnel vision” and “needs improvement on communicating with the public and fellow officers.” Dean’s most recent performance evaluation was made in spring 2019, where he received high marks from a supervisor.

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5 years ago · by · 0 comments

Supreme Court Hears Arguments in Death of Mexican Teen

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The Supreme Court began hearing oral arguments in the case of slain Mexican teenager killed by a US Border Patrol agent.  The court heard arguments in the family’s appeal of a lower court’s ruling dismissing their case against the agent, Jesus Mesa, who had fired across a concrete spillway into Mexico from the Texas side of the border during the 2010 incident, striking 15-year-old Sergio Adrian Hernandez Guereca in the face.

The incident took place in June 2010 on the border between El Paso and Ciudad Juarez in Mexico. The Border Patrol said at the time Hernandez was pelting U.S. agents with rocks from the Mexican side of the Rio Grande when he was shot.  Witnesses say Sergio and his friends were playing a game of chicken where they would run up the embankment, touch the barbed-wire fence on the U.S. side, and then sprint back.   As they were playing, smugglers were nearby, throwing rocks at U.S. Customs and Border Protection agents.  At some point, Agent Jesus Mesa, Jr. showed up on a bicycle and detained one of Sergio’s friends. Sergio ran back into Mexican territory and hid behind a bridge pillar. Standing on U.S. soil, Agent Mesa fired at least two shots across the border at Sergio, striking him in the face and killing him.

Following Sergio’s death, his parents, Jesus Hernandez and Maria Bentacour, sued the United States government, Agent Mesa, and Mesa’s supervisors. Their attorneys argue that Sergio—despite being a Mexican national—was nevertheless protected by the Fourth and Fifth Amendments, since he was killed by a federal officer who fired from American soil.  The U.S. Department of Justice investigated the shooting but decided in 2012 it was “a reasonable use of force or would constitute an act of self-defense.” Federal prosecutors refused to indict Mesa. The Mexican government, on the other hand, charged Mesa with murder, but the United States won’t extradite Mesa so he can face trial.

With criminal prosecution off the table, Sergio’s family sought justice through a civil lawsuit. During arguments, liberal justices expressed concerns over providing no legal relief to the families of people who have been killed in cross -border shootings by U.S. agents, essentially allowing federal officers on American soil to act unlawfully with impunity.  During the arguments, conservative justices appeared to lean toward the administration’s concerns while liberal justices voiced worry about leaving individuals with no way to hold federal officers accountable for unlawful conduct. The court has a 5-4 conservative majority.

The dispute hinges on whether the family, despite Hernandez having died on Mexican soil, can seek monetary damages against what they call a “rogue” agent for violating for the U.S. Constitution’s Fourth Amendment, which bars unjustified deadly force as well as Hernandez’s right to due process under the Constitution’s Fifth Amendment.  For the family’s lawsuit to move forward, the Supreme Court would have to widen the scope of its 1971 decision allowing certain suits against federal officials. That case, referred to as the Bivens action, involved a domestic search.

The high court previously considered Hernandez’s case in 2017 but did not decide the central legal question, instead directing the New Orleans-based 5th U.S. Circuit Court of Appeals to reconsider its ruling that had barred the lawsuit. The 5th Circuit last year again ruled against the family, prompting a second trip to the Supreme Court where they will again decide if the Bivens act should be extended and Mesa held accountable.

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5 years ago · by · 0 comments

Milwaukee Man Charged In Acid Attack

 

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A Milwaukee man faces a felony hate-crime charge for an alleged acid attack on a man who says he was targeted for his Latino identity and left with second-degree burns.  Clifton Blackwell, 61, has been charged with first-degree reckless injury in a hate crime using a dangerous weapon.  Reckless injury carries up to 25 years in prison and $100,000 in fines. Prosecutors are pursuing hate crime and dangerous weapon enhancements charges which means Blackwell could face stiffer penalties, including up to 10 more years’ imprisonment.

At a news conference the day after the assault, Mahud Villalaz, 42, said he parked his truck outside a restaurant at 8:30 p.m. and began to walk toward it to have dinner when a man at a nearby bus stop approached him and chastised him for parking in a bus lane.  Villalaz said, the man asked why he’d “invaded” the United States and said “Why don’t you respect my laws?”

Realizing he was parked too close to a bus stop, Villalaz moved his truck to another spot and headed toward the restaurant.  Blackwell re-engaged him saying “Why did you invade my country?” calling Villalaz an “illegal” and cursing at him while telling him to “go back.”  He told Blackwell that “everyone comes from somewhere first” and pointed out that “American Indians have been in the country the longest,” court filings state.  Villalaz said that’s when Blackwell got angry and tossed the acid, which was in a small silver bottle, in his face. The attack was caught on surveillance video.

Villalaz was taken to the hospital with second-degree burns to his face, cheek and neck, as well as damage to his clothing, according to police. Testing showed that acid caused the injuries.  The attack took place just outside the restaurant doors.  Witnesses say Villalaz, a regular at the restaurant, burst through the doors crying with his face searing with acid.  The restaurant staff tried everything to wash the acid from his face until paramedics arrived.

Villalaz, who says he grew up in Peru and immigrated to the United States as a young man – became a citizen in 2013.  He said he felt relieved charges were filed and thankful at the nationwide support he’s gotten.  “It’s been nice to know that there are many people here that worry about other people. Not only Latinos … people of all colors. We must unite,” Villalaz said.

During a search of Blackwell’s home, police found hydrochloric acid, four bottles of sulfuric acid and two bottles of drain opener made of lye, according to court documents.  Blackwell’s bond has been set at $20,000 on the condition that he wears an electronic monitoring device. He is also forbidden from contact with acids or large batteries.  Court records indicate Blackwell has previously been convicted of false imprisonment and pointing a gun at a person.

According to the criminal complaint, on Nov. 19 2006, Blackwell confronted four men, two with rifles, who had come onto his farm tracking deer in the Town of Lawrence.  Blackwell pointed a loaded rifle at the men and told them to disarm, then marched them back to his house where he photographed their faces and hunting tags.  He told them they were guilty of criminal trespass and called the sheriff’s office but wound up charged himself. Prosecutors dropped one of each of the charges, and Blackwell pleaded no contest to one count each of pointing a firearm and false imprisonment. He was sentenced to 379 days in jail.  Blackwell’s mother said he had served in the Marine Corps during the U.S. invasion of Panama in 1989 and had moved back to Wisconsin for treatment for PTSD type problems.  Officials with the Marine Corps Manpower and Reserve Affairs office in Virginia said it could find no record of Blackwell ever serving in the Marines.

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5 years ago · by · 0 comments

Colorado Man Arrested In Bomb Plot

 

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The FBI has arrested a 27-year-old Colorado man who was allegedly planning to bomb a synagogue in Pueblo.  Court documents say Richard Holzer was arrested after he examined fake pipe bombs that had been prepared by co-conspirators who turned out to be undercover agents.  His arrest came just two days before his planned bombing of The Temple Emanuel synagogue in Pueblo, Colorado.

“After being contacted by undercover FBI agents posing as fellow white supremacists, Mr. Holzer indicated that he wanted to do something that would let Jewish people in the Pueblo community know that they are not welcome and that, according to him, they should leave or they will die,” U.S. Attorney for the District of Colorado Jason Dunn said.

Undercover FBI agents had been tracking and interacting with Holzer since late September after he came on their radar for continually talking about killing Jews in online forums.  The investigation of Holzer began after an undercover FBI agent purporting to be a woman who supports white supremacy contacted him on Facebook in September. Holzer allegedly sent the agent pictures and video of himself with guns and images related to white supremacy.

Agents say Holzer once wrote on Facebook, “I wish the Holocaust really did happen… they need to die.”   According to court documents, Holzer messaged the undercover agent about initiating a racial holy war and said with was going to Temple Emanuel “to scope it out.”  He told the agent that he planned to poison the synagogue with arsenic-something he claimed to have done before, but ultimately wanted to shut the synagogue down and condemn it.

That agent arranged for him to meet with friends who were actually more undercover agents on Oct. 17 in Colorado Springs. He allegedly talked to them about his plan before volunteering that he could use Molotov cocktails on the building when asked what other methods he was considering to shut down the building. The FBI claims that Holzer was the first person to mention using explosives during the meeting. After they visited the synagogue later that day, the affidavit says Holzer observed that Molotov cocktails would not be enough, and he and the agents then discussed using pipe bombs, which the agents offered to supply.

During a meeting where the agents brought what Holzer thought were live explosives, he described them as “absolutely gorgeous” and said they should go ahead with the attack overnight to avoid police, the court document said.  The agents arrested him during that meeting.

The Temple Emanuel synagogue is the second-oldest in Colorado and was completed in 1900, according to Temple Emanuel’s website.  It has a congregation of about 30 families and a rabbi from Denver who travels two hours away to Pueblo twice a month.colorado man.jpg

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