Three men and a teen were arrested for allegedly plotting to attack Islamberg, a small predominantly Muslim community near Binghamton, New York. Brian Colaneri, 20, Vincent Vetromile, 19, Andrew Crysel, 18, were arrested along with a 16-year-old in connection to the alleged plot. The suspects were said to be in possession of multiple improvised explosive devices and firearms, and were charged with criminal possession of a weapon and conspiracy.
Police uncovered the plot when the 16-year-old boy was reported to police in Greece, New York, for making a lunchroom comment. He allegedly showed another student a photo of a schoolmate who, he told others, looked “like the next school shooter.” While interviewing the boy about the comment he made investigators were told that he was allegedly working with three men to attack Islamberg. Greece Police Chief Patrick D. Phelan said “The initial investigation was about the comment made by the student and then our investigation took us to this plot that we had no idea about. I don’t know that there was a specific date. They had a plan in place,” Phelan said.
Phelan told reporters that three improvised explosive devices in the shape of mason jars wrapped in duct tape were found at the home of the juvenile. “They were homemade bombs with various items – black powder, BBs, nails, inside a container,” Phelan said. The bombs are currently being examined by the FBI to see if they would have been capable of detonating. Police searched five locations and seized 23 weapons and numerous electronic devices, including phones and computers. Some of the guns were owned by the suspects and others were owned by family members but the suspects had access to them.
Colaneri, Vetromile and Crysel are each charged with three counts of criminal possession of a weapon in the first degree and one count of conspiracy in the fourth degree. Information about the 16 year old was not released by police due to his age. Phelan credited the students who reported the lunchroom comment with saving lives. “If they had carried out this plot, which every indication is that they were going to, people would have died,” the chief said. “I don’t know how many and who, but people would have died.”
Islamberg is a rural community in Delaware County that is operated by The Muslims of America, an indigenous American Muslim organization based in the U.S. It was settled by followers of Pakistani cleric Sheikh Mubarik Gilani in the 1970s to escape crime and crowding in New York City. It’s a gated community with dirt roads and several dozen small homes in New York’s Catskills Mountains. There are 200 or so members of the community, where children are home-schooled and residents worship at a mosque built on the 70-acre property. Police and analysts have dismissed accusations that the community is a terrorist training ground, but the claims have persisted for decades.
This is not the first time Islamberg has been the target of an alleged hate crime plot. In 2017, a Tennessee man was convicted on federal charges for what authorities called plans to burn down Islamberg’s mosque in 2015. Robert Doggart, now 67, is serving a 20 year sentence in federal prison. Doggart was arrested by Federal Bureau of Investigation agents in April 2015 after saying in wiretapped telephone calls that he planned to recruit a militia and travel to Islamberg for an attack. While there, he intended to “carry out an armed attack” that included burning down a mosque or “blowing it up with a Molotov cocktail or other explosive device.” The wiretaps also recorded him saying “I don’t want to have to kill children, but there’s always collateral damage.”
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A Chicago judge has acquitted three police officers accused of covering up the 2014 murder of 17 year old Laquan McDonald by a fellow officer Jason Van Dyke. Van Dyke was convicted in October of the second-degree murder of Laquan McDonald, which was captured on an infamous police dashboard camera video. McDonald was shot 16 times, including numerous times as he lay wounded in the street. The three police officers — David March, Joseph Walsh and Thomas Gaffney — contradicted what the video showed and prosecutors alleged it was part of a cover-up. None of them fired any shots that night. Several other officers had witnessed the shooting and given questionable accounts, but a grand jury declined to indict any others.
The acquittal came despite discrepancies between the three officers’ police reports and dash cam video showing that McDonald posed no threat and walked away from officers before he was shot 16 times by Officer Jason Van Dyke. Associate Judge Domenica Stephenson rejected the prosecutors’ arguments that the officers had shooed away witnesses and then created a narrative to justify the 2014 shooting, which prompted citywide protests, the firing of the police chief and a wide-ranging federal investigation into the police force. Prosecutors repeatedly cited the footage as they built a case against the officers on charges of conspiracy, official misconduct and obstruction of justice.
Judge Stephenson said that even though the officers’ accounts of the shooting differed from the video, that it did not amount to proof that they were lying. “Two people with two different vantage points can witness the same event,” she said, and still describe it differently. The judge said that key witnesses for the prosecution had offered conflicting testimony, and said there was nothing presented at trial that showed that the officers had failed to preserve evidence, as prosecutors allege. Challenging the point that officers had shooed away a witness as part of a cover-up, the judge said it was not obvious that the police had known the witness had seen the shooting.
The witness in question, Alma Benitez, had stopped for a bite to eat at a nearby Burger King, on her way home from her night shift at a sandwich shop. Benitez was interviewed by television news crews at the scene and featured in several news reports the next day saying McDonald was clearly not a threat to the officer. She told new crews that Van Dyke had no reason to open fire. “It was super-exaggerated, you didn’t need that many cops to begin with. They didn’t need to shoot him. They didn’t. They basically had him face to face. There was no purpose why they had to shoot him.”
In a federal lawsuit filed in September 2016, Benitez alleges she had tried to take photos and video of the scene with her cellphone but wasn’t sure the recordings worked. Once police “became aware” she was trying to record the incident, they demanded she surrender her phone and accompany officers to the detective headquarters, where she was detained and questioned for six hours. Benitez claims she was allowed to leave the station around 4am, only after she demanded to see a lawyer and that she was “threatened and harassed” on multiple occasions after she was featured in news reports. The suit accuses several officers and detectives of then writing false reports misstating what Benitez and other witnesses at the scene had told them.
Weeks before the city agreed to pay $5 million to McDonald’s estate, a letter written by lawyers representing McDonald’s family alleged that at least two other witnesses to the shooting were treated in similar fashion. The letter alleged that all three were questioned for hours at the Area Central police headquarters and pressured into changing their accounts to match the official police version. The letter also reported that Benitez was so appalled by what she witnessed that she actually screamed out ‘stop shooting!’ as Officer Van Dyke continued to discharge his weapon while Laquan was laid in the street.”
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According to witness testimony during the trial of accused Mexican drug lord Joaquin “El Chapo” Guzman, former Mexican President Enrique Peña Nieto once accepted a $100 million bribe from drug traffickers. Alex Cifuentes, who has described himself as Guzman’s onetime right-hand man, discussed the alleged bribe under cross-examination by one of Guzman’s lawyers in Brooklyn federal court. Peña Nieto has not responded to the claim but has previously denied charges of corruption.
Cifuentes testified that he had told U.S. prosecutors Pena Nieto reached out to Guzman first, asking for $250 million, before settling on $100 million. Cifuentes told the prosecutors that the bribe was paid in October 2012, when Pena Nieto was president-elect. Pena Nieto was president of Mexico from December 2012 until November 2018 and previously served as governor of the State of Mexico. Cifuentes also testified that Guzman once told him that he had received a message from Pena Nieto saying that he did not have to live in hiding anymore.
Guzman, 61, has been on trial since November after he was extradited to the United States in 2017 to face charges of trafficking cocaine, heroin and other drugs into the country as leader of the Sinaloa Cartel. El Chapo had eluded capture for years, in part by widespread corruption along with elaborate means of escape from authorities. He once narrowly escaped a raid at a safe house through a staircase that led to underground tunnels which was hidden under a bathtub. He was captured by Pena Nieto’s government in February 2014 but broke out of prison for a second time 17 months later, escaping through a mile-long tunnel dug right into in his cell. The jailbreak humiliated the government and damaged the president’s already questionable credibility. Pena Nieto personally announced news of the kingpin’s third capture when he was again arrested in northwestern Mexico in January 2016.
Cifuentes is one of many witnesses who have testified against Guzman so far after striking deals with U.S. prosecutors, in a trial that has opened a window into the secretive world of the Sinaloa Cartel, one of the world’s most powerful drug trafficking organization. Many witnesses at the trial have also made accusations of high-level corruption. Much of the evidence against Guzman has come from the prosecution’s star witness, Jesús Zambada. Zambada testified that the Sinaloa cartel allegedly paid off a host of top Mexican officials to ensure their drug business ran smoothly. He testified that in 1994, traffickers paid $50 million in protection money to former Mexican Secretary of Public Security García Luna, so that corrupt officers would be appointed to head police operations. Zambada said that when former Mexico City Mayor Gabriel Regino was in line to become the next secretary of security, that the the cartel bribed him as well. Both Garcia Luna and Gabriel Regina deny the accusations. Zambada has also testified that paid a multimillion dollar bribe to an aide of current Mexican President Andres Manuel Lopez Obrador in 2005.
Edgar Galvan testified in that trusted hitman Antonio “Jaguar” Marrufo had a sound-proofed “murder room” in his mansion on the US border, which featured white tiles with a drain on the floor to more easily clean up after slayings. Galvan’s role in the organization was to smuggle weapons into the US, so that Marrufo could use them to “clear” the region of rivals. At the time, Galvan was living in El Paso, Texas, while Marrufo was living in Ciudad Juarez, just across the US-Mexico border. Both men are now in jail on firearms and gun charges.
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Two arrests have been made in the killing of 7 year old Jazmine Barnes in Houston, TX. Eric Black Jr., 20, and Larry Woodruffe, 24, have both been charged with capital murder. Police say the shooting was a case of mistaken identity after both men mistook the family’s car for that of someone they had gotten into an argument with at a club the night before. Police say Black was the driver and Woodruffe fired the shots.
On the morning of December 30th 2018, the shooting occurred around 6:50am as LaPorsha Washington, was pulling out of a Wal-Mart parking lot in Cloverleaf, Texas onto a highway road when someone shot into their vehicle. Jazmine was riding in a car with her mother and three sisters when she was shot in the head. Washington was shot in the arm, the youngest was injured by shattered glass and the other two girls were physically unharmed.
The shooting was originally feared to be a hate crime because Jazmine’s mother, LaPorsha Washington, identified the shooter as a white male in his 30’s or 40’s with piercing blue eyes who was driving a red pickup truck. Investigators distributed a sketch of the shooter based on Washington’s description and the killing was initially investigated as a possible hate crime. Harris County Sheriff Ed Gonzalez had said he was aware of these concerns and investigators looked into the possibility that race could have played a role. Gonzalez declined to state a specific motive for the shooting before any arrests were made.
Police say they apprehended Black after receiving a tip from journalist and civil rights activist Shaun King that sent the investigation in a new direction. The tip implicated two black men in the shooting. Prosecutors allege that Black told investigators he was driving the SUV from which an unidentified passenger fired the shots. Black implicated Woodruffe and he was arrested on an unrelated drug charge. Woodruffe denied involvement, but his phone records put him “in close proximity” to the scene of the shooting, according to court documents.
Harris County Sheriff Ed Gonzalez said there was, in fact, a red pickup truck driven by a white man seen at a stoplight just before the shooting, but the driver didn’t appear to have been involved. The sheriff said it was dark, the shooting happened quickly, and the red truck was probably the last thing seen by Jazmine’s family. He said authorities believe Jazmine’s family has been truthful during the investigation. Several other witnesses placed a red pickup truck at the scene during the shooting.
On Woodruffe’s now-deleted Instagram, a photo was posted after the deadly shooting of the co-defendants. In it, Woodruffe is showing off a fan of cash. Black is flashing gang signs. Texas Gov. Greg Abbott retweeted Houston Police Officers Union President Joe Gamaldi saying, “There are too many gangs in Houston. We must expand the Texas Anti-Gang Task Force in Houston to clean our streets of this trash and restore safety.”
“The family wants to thank all of those that helped capture the suspects, all police agencies and the general public whose tips lead to their capture,” said Dr. James Dixon II of Community of Faith Church.
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CBS announced it will withhold all of the $120 million severance package contained in the contract for Les Moonves, former chair and CEO of the media giant. Moonves resigned in September after The New Yorker published an article detailing a slew of previously unreported sexual assault and sexual harassment allegations. The decision follows an investigation by two law firms into the allegations against Moonves which culminated in a graphic report that concluded that the company had ample of reasons to fire the television executive for cause, subsequently paving the way for it to withhold the payout.
The investigation was conducted by law firms Debevoise & Plimpton and Covington & Burling . It determined that “harassment and retaliation are not pervasive at CBS.” Even so, the board claimed that the investigation uncovered past incidents of misconduct and “concluded that the Company’s historical policies, practices and structures have not reflected a high institutional priority on preventing harassment and retaliation.”
Among the investigations findings was that Moonves “destroyed evidence and misled investigators in an attempt to preserve his reputation and save a lucrative severance deal.” Investigators interviewed 17 women who had reported accusations of misconduct and cited them as credible sources. The report also included several previously undisclosed allegations of sexual misconduct. The report states that Mr. Moonves engaged in multiple acts of serious, nonconsensual sexual misconduct in and outside of the workplace both before and after he came to CBS in 1995.”
Investigators say Moonves’ also tried to keep a previously undisclosed claim of sexual assault quiet by an actress named Bobbie Phillips, and subsequently tried to find her employment with CBS projects after her manager approached him about the incident. Investigators say Moonves removed text messages with Dauer from an iPad in an attempt to keep hidden his efforts from the board’s inquiry. The report disclosed that Moonves had provided investigators with his son’s iPad, rather than his own.
Investigators found that Moonves received oral sex from at least four employees “under circumstances that sound transactional and improper to the extent that there was no hint of any relationship, romance, or reciprocity.” The report also claims that CBS management was aware of allegations against Moonves for years. Former board member Arnold Kopelson, who died in October, was informed as early as 2007 about an attack in which a woman said “Moonves had masturbated in front of her and tried to kiss her during a doctor’s visit in 1999.” There is no evidence Kopelson took any action to look into the allegations or inform other board members.
Moonves was forced to step down in September, following a New Yorker story in which a dozen women came forward claiming he had sexually harassed or assaulted them. Multiple women have accused Moonves of sexual misconduct. The story included allegations of women who accused him of forcing them to perform oral sex, exposing himself to them, and retaliating when they rejected him. Moonves has denied the accusations. Approximately $140 million was remaining in Moonves’ employment contract, but $20 million was designated for grants after he departed the television network in September due to sexual misconduct allegations. The $120 million left was then placed in a trust.
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James A. Fields Jr., the neo-Nazi who rammed his car into a group of counter-protesters at the Unite The Right rally on August 12, 2017, has been sentenced to life for first-degree murder; 70 years for each of five counts of aggravated malicious wounding; 20 years for each of three counts of malicious wounding; and nine years for leaving the scene of a fatal crash. The jurors were instructed that the sentences would be “presumed to be consecutive” unless they recommended that the terms be served simultaneously. Fields’s overall sentence: life plus 419 years and $480,000 in fines.
The jury of seven women and five men convicted Fields of the 10 offenses in a Charlottesville Circuit Court. In Virginia, trial juries determine what penalties should be handed out within sentencing ranges dictated by law. Judge Richard E. Moore, who said he will formally sentence Fields on March 29th, can impose a lesser punishment than the jurors called for but is not allowed to increase the sentences.
During the trial, Fields psychiatric disorders dating to early childhood were detailed in court by a mental-health expert. Psychologist Daniel Murrie testified that Fields was diagnosed with bipolar disorder at the age of 6 and has been prone to angry, sometimes violent outbursts since before he could walk and was “expelled from preschool” because of his volatile behavior. As an adolescent, he was found to have schizoid personality disorder and was housed in psychiatric facilities for three stretches before his 15th birthday.
Murrie testified that Fields did not meet Virginia’s legal definition for not guilty by reason of insanity. To be acquitted on the basis of insanity, a defendant must show that he did not understand the difference between right and wrong at the time of the offense or was mentally unable to control his actions. Fields did not deny that he intentionally accelerated his Dodge Challenger into a group of counter-protesters, killing Heather Heyer and injuring 19 others. His lawyers contended that he was afraid for his safety and acted to protect himself but jurors rejected that argument and issued 10 guilty verdicts.
Several of the injured victims, testified at Fields’s trial and sentencing hearing, described lasting physical wounds, psychological anguish and dire financial distress. They described their injuries including shattered bones and debilitating nerve damage that they may never fully recover from. They spoke of nightmares, social isolation caused by post-traumatic stress disorder and crushing medical bills from surgeries that have depleted their insurance and could burden them far into the future.
Fields faces a separate federal trial for alleged hate crimes related to the incident, including one offense that carries a possible death sentence. No trial date has been set and the Justice Department has not said whether it will seek capital punishment.
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In France, the “yellow vest” protests continued for a fourth consecutive week with an estimated 130,000 people taking to the streets across the country. Protesters and police clashed again in the capital and other cities with police firing rubber bullets, water cannons and tear gas at crowds, and some protesters smashing windows and setting vehicles on fire resulting in over 1,700 arrests.
Civil unrest began on November 17th and have continued over the four weeks with little signs of slowing. The protesters were dubbed “Les gilets jaunes” (the yellow vests) after the high-visibility jackets they adopted as a symbol of their complaint, blocked roundabouts, burned effigies and clashed with the police. They were objecting the almost 20 percent increase in the price of diesel since the start of the year, as well as the planned fuel tax hike President Emmanuel Macron had recently announced. The demands have also expanded, with even students taking part, calling for changes to the French high school examinations and university entrance procedures.
The intensity of the protests forced the government to halt the plans for the fuel tax hike but demonstrators are calling for additional economic reforms, and many for the resignation of President Emmanuel Macron. While Macron said the tax was necessary to “protect the environment” and “combat climate change”, protesters claimed the decision was yet another sign that the “privileged” president is out of touch with regular folk struggling to make ends meet.
In Paris, major attractions, including the Louvre and the Eiffel Tower, are closed in anticipation of the demonstrations. After images of police using tear gas and tanks against protesters in Paris hit newspapers worldwide, President Emmanuel Macron delivered a national address announcing he would raise the minimum wage and cancel a tax increase on low-income retirees. In his address to the nation, Macron said the violent protests — which have morphed from a grassroots movement against fuel tax hikes into disparate demonstrations against his presidency — have been “unacceptable” and “will not be in any way indulged.”
He proposed some social reforms, including an increase in the minimum wage by 100 euros ($113) a month beginning in January that will not cost employers extra and a promise that overtime hours will not be taxed. Macron also remained defiant and said he would not reinstate the wealth tax but would fight tax fraud. The reforms are expected to cost the government between $8.1 billion and $10.1 billion, according to Olivier Dussopt, France’s secretary of state to the Ministry of Public Action and Accounts.
While Macron’s announcement has appeased some demonstrators, some 77,000 people still turned out across the country, including 10,000 in Paris. On December 8, many Paris tourist hot spots and stores were shuttered in anticipation of violent protests after the previous week’s demonstrations resulted in the worst riots to hit the French capital in decades. By the end of the week, 1,723 people had been taken in for questioning and 1,220 into custody, according to the Interior Ministry. Across the country, 135 people were reported injured.
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Actor and comedian Kevin Hart has stepped down from plans to host the upcoming Academy Awards ceremony, following public outcry over his past homophobic tweets and comedy routines. The Academy named Hart host of the Oscars and less than 24 hours later, Hart was discovered to be rapidly deleting his past anti-gay social media posts amid a growing uproar. Hart initially refused to apologize over the comments, before offering his resignation from the Oscars ceremony with an apology.
Soon after Hart announced he would be hosting the Academy Awards, the actor began to delete a series of old tweets after twitter users began retweeting his past homophobic comments. One Twitter user wrote, alongside screenshots of Kevin’s past tweets, “I wonder when Kevin Hart is gonna start deleting all his old tweets.” One of the controversial tweets from 2011 read: “Yo if my son comes home & try’s 2 play with my daughters doll house I’m going 2 break it over his head & say n my voice ‘stop that’s gay’.” Hart made a similar comment about wanting his son to be heterosexual in a stand-up special in 2010.
Another Twitter sleuth went to the great lengths of searching every time Kevin used the words “Fag,” “homo” or “gay.” They realized the comedian “seems to have basically stopped tweeting those words after 2011 — i.e. the year his first stand-up movie became a hit.” While Hart has adamantly denied being homophobic, prior statements about his feelings seem conflicting to some. In a 2015 profile for Rolling Stone, he once said one of his “biggest fears is my son growing up and being gay.” “Keep in mind, I’m not homophobic… Be happy. Do what you want to do. But me, as a heterosexual male, if I can prevent my son from being gay, I will,” he previously explained.
After the initial backlash, Hart shared an Instagram video where he said, “Stop looking for reasons to be negative…stop searching for reasons to be angry…I swear I wish you guys could see/feel/understand the mental place that I am in. I am truly happy people… there is nothing that you can do to change that….NOTHING. I work hard on a daily basis to spread positivity to all…with that being said. If you want to search my history or past and anger yourselves with what u find that is fine with me. I ‘m almost 40 years old and I’m in love with the man that I am becoming,” he continued. “You LIVE and YOU LEARN & YOU GROW & YOU MATURE. I live to Love…. Please take your negative energy and put it into something constructive. Please…What’s understood should never have to be said. I LOVE EVERYBODY..ONCE AGAIN EVERYBODY. If you choose to not believe me then that’s on you…Have a beautiful day.”
The actor and comedian later announced that he’s dropping out of his scheduled hosting gig at the Oscars rather than issue a formal apology for the series of homophobic, years-old tweets. “So I just got a call from the Academy, and that call basically said, ‘Kevin, apologize for your tweets of old, or we’re going to have to move on and find another host,’ talking about the tweets from 2009, 2010,” Hart said in a video he posted to Instagram on Thursday night, in which he appeared to be referencing tweets in which he used homophobic slurs. “I chose to pass. I passed on the apology. The reason I passed is because I’ve addressed this several times.”
After the Instagram confession, Hart eventually issued an apology on Twitter stating that he’s sorry for hurting anyone and that he’s “evolving.” He then said, “I sincerely apologize to the LGBTQ community for my insensitive words from my past.”
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Four Missouri police officers have been indicted by a federal grand jury in connection with the assault of a fellow officer who was working undercover. Officers Dustin Boone, Randy Hays and Christopher Myers with St. Louis Metropolitan Police Department are accused of beating the undercover officer with a riot baton and tampering with witnesses to cover up the incident, according to the Department of Justice. Myers was also charged with destroying evidence. Officer Bailey Colletta was indicted on a charge of providing false statements to a federal grand jury in connection with the incident.
The indictment charges officers Dustin Boone, 35, Bailey Colletta, 25, Randy Hays, 31, and Christopher Myers, 27, with various felonies, including deprivation of constitutional rights, conspiracy to obstruct justice, destruction of evidence, and obstruction of justice. One of the charges carries a maximum sentence of 10 years in prison. The other three carry a maximum of 20 years. All four counts have a maximum of $250,000 in fines. All four officers have been placed on administrative leave without pay.
In September 2017, the officers were assigned to a Civil Disobedience Team, which conducts crowd control, in anticipation of a protest against the acquittal of Officer Jason Stockley in the shooting death of Anthony Lamar Smith. Protests broke out in St. Louis and a 22-year veteran of the St. Louis Police Department — referred to in the indictment as L.H. — was in the crowd working undercover as a protester to document crimes among the demonstrators so law enforcement could make arrests, according to the indictment.
The indictment claims the three officers believed Hall was a protester and assaulted him “while he was compliant and not posing a physical threat to anyone.” The indictment alleges that Boone, Hays and Myers threw Luther Hall to the ground without probable cause and began to kick him and strike him with a riot baton. Once Myers, Boone and Hays learned that Hall was a police officer, the indictment says, they made false statements justifying the assault, contacted Hall to dissuade him from taking legal action and contacted witnesses to try to influence their testimony. Myers also destroyed Hall’s cellphone “with the intent to impede, obstruct, and influence the investigation,” according to the indictment.
The indictment also details text messages between Myers, Boone and Hays prior to the incident. “We really need these f**kers to start acting up so we can have some fun,” Boone texted, after they determined they were going to be on the same team. “A lot of cops getting hurt, but it’s still a blast beating people that deserve it,” said another text from Boone. He also remarked that he would be working with a black officer and referred to him as “a thug that’s on our side.” Hayes also texted Boone “Remember we are in south city. They support us but also cameras. So make sure you have an old white dude as a witness.”
According to the indictment, Officer Colletta — who was in a romantic relationship at the time with Hays, was on the team that night and offered inconsistent explanations as to why they arrested L.H. Initially, Colletta said she had never come into contact with Hall that night. Then, she claimed that she witnessed the arrest and saw Hall taken to the ground “very gently.” Colletta also said the group had “veered off” to arrest Hall, according to the indictment. The next day, she said she learned from her sergeant that they had stopped Hall because he fit the description of a radio dispatch yet in a later statement, she claimed she didn’t recall anyone saying that.
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An Arizona jury has found Border Patrol agent Lonnie Swartz not guilty of involuntary manslaughter for shooting and killing 16-year-old José Elena Rodríguez through the U.S.-Mexico border fence in 2012. The jury hung on whether to bring a charge of voluntary manslaughter, leaving it unclear whether prosecutors would seek to try Swartz a third time. A previous jury acquitted Swartz on murder charges but deadlocked on lesser manslaughter charges.
Authorities claimed José Elena Rodríguez was throwing rocks at agents over the border fence before Swartz opened fire. Medical examiners say José was shot 11 times with all but one of the bullets striking from behind, leading them to conclude the teen was shot in the back as he lay on the ground. An autopsy revealed that gunshot wounds to the head, lungs, and arteries killed him.
The incident occurred around 11:30 p.m. on Wednesday 10 October, 2012. Nogales police received a call reporting “suspicious activity” on International Street, a road running directly along the border. Officers on scene were investigating a report that two men carrying “bundles taped to their backs” had climbed the fence into the United States. Identifying the bundles, on the basis of similar incidents in the past, as most probably containing marijuana, they called for back-up. After several Border Patrol and Customs agents arrived, they saw the two men scaling the fence back into Mexico, empty-handed and with nothing on their backs. They commanded the two men to climb back down. Officers reported seeing “rocks flying through the air” at the agents and also heard “gunfire,” although they were unable to identify its source.
After verbal commands from agents to cease throwing rocks were ignored, Border Patrol agent Lonnie Swartz then discharged his service weapon. Swartz fired 16 rounds, hitting Rodríguez 11 times. Rodríguez was unarmed, standing on the Mexican side of the border on a sidewalk on Calle International street, in front of a doctor’s office. U.S. Border Patrol agent Lonnie Ray Swartz was charged with second degree murder for the killing. Border Patrol agents are rarely criminally charged for using force but the killing sparked outrage on both sides of the border and came as the agency was increasingly scrutinized for its use of force.
Prosecutors said Swartz was frustrated over repeated encounters with people on the Mexico side of the border fence who throw rocks at agents to distract them from smugglers. They say he lost his cool when he fatally shot Rodriguez. Prosecutors acknowledge that the teen was throwing rocks at the agents but that wasn’t justification for taking his life. A spokeswoman for the U.S. attorney’s office said prosecutors haven’t decided whether to try Swartz again on the voluntary manslaughter charge.
Swartz still faces a civil rights lawsuit from the American Civil Liberties Union on behalf of the teen’s mother. Attorneys for Rodriguez’s mother filed the suit in federal district court in Tucson, seeking civil damages against the agents involved in what their lawsuit terms the “senseless and unjustified” death. The suit alleges that in shooting and killing the teenager, agents “used unreasonable and excessive force” in violation of Jose Antonio’s Fourth and Fifth Amendment rights and that their actions were not legally justifiable or necessary. The suit doesn’t specify an amount sought in damages.
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