Two Indiana men were charged in an alleged assault against a Black man who was seen in a viral video being held against his will in the woods near an Indiana lake on the Fourth of July. Sean Purdy and Jerry Cox are charged with various crimes, including confinement and battery against 36-year-old Vauhxx Booker. Purdy and Cox were part of a group of five men who pinned Booker to a tree, beat him and threatened to lynch him. Booker was able to escape them after passersby intervened. A portion of the assault was captured on video by the strangers who intervened.
Monroe County Prosecutor Erika Oliphant has filed two active warrants for the two men and says Booker will face no charges. Purdy is charged with criminal confinement, battery resulting in injury and intimidation, all felonies. Cox is charged with aiding or causing criminal confinement, felony battery resulting in injury, intimidation and two misdemeanor counts of battery.
Booker, a member of the Monroe County Human Rights Commission, posted his account of the July 4 incident along with video to his Facebook account, writing, “I don’t want to recount this, but I was almost the victim of an attempted lynching.” He went on: “On July 4th evening others and me were victims of what I would describe as a hate crime. I was attacked by five white men with Confederate flags who literally threatened to lynch me in front of numerous witnesses.”
Booker said he and his friends were visiting a public beach on Lake Monroe outside Bloomington to join a gathering when a group of white men said they were on private property and began following them. Some of the men became belligerent, he said. When he approached “sober seeming group members” to “see if we could smooth things over a bit,” the confrontation escalated. Video posted to social media shows a group of white men holding Booker to a tree as his friends plead with them to release him. In the video, one man shouts at the camera, “You happy about this, you nappy-headed bitch? You and your five white friends?” As Booker’s friends leave, one of the men follows, shouting, “Those Black boys want to start it all.”
Booker says during the attack there were shouts of “get a noose” and “white power,” although those are not heard on the video. Booker believes he’s alive because strangers stopped to help and film the altercation. “The reason why I’m here today is simply because these folks, they didn’t just stop and watch and film my execution,” Booker said in an interview with NPR’s Mary Louise Kelly. “They became involved. They became active participants. They put themselves in danger when they stepped forward for me.”
Last week, the FBI confirmed it was investigating the incident as a potential hate crime, and Indiana Gov. Eric Holcomb called it “beyond disturbing.” “The brief video clip that I viewed with my own two eyes was beyond disturbing and that’s why it’s very important that the DNR … complete their investigation sooner rather than later.” Bloomington
Mayor Greg Hamilton, who said he has known Booker personally for at least five years, said his city had work to do. “I don’t know what would have happened in the woods around Lake Monroe if there hadn’t been other individuals there and if there hadn’t been a video taken,” Hamilton told Yahoo News. “It’s incredibly important that we as a country, and then me and my community, that we make clear that has no place in our community, and we want to root it out.”
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More than a year after launching an internal investigation into 138 employees for “inappropriate social media activity,” Customs and Border Protection — the parent agency of the Border Patrol — has removed four employees, suspended 38 without pay and disciplined an additional 27 with reprimands or counseling. Investigators from Customs and Border Protection‘s Office of Professional Responsibility determined that 63 of the cases — roughly half — were “unsubstantiated.” Six cases remain open, and the Homeland Security Department‘s inspector general is also investigating.
The office began looking into more than 60 current employees and eight former staff following reports of a secret Facebook group in which members used dehumanizing and derogatory language regarding Latina members of Congress and deceased migrants. The existence of the group, known as “I’m 10-15,” the code used by Border Patrol for migrants in custody, at one point had 9,500 members and was created in August 2016. The probe, which is not criminal, ultimately doubled the number of individuals under investigation, and included several additional private social media groups.
Most of the cases deemed unsubstantiated involved personnel who reported themselves or others as part of the groups and provided information to investigators, but whose history showed they’d never posted or been active in them. At the start of the investigation, Matthew Klein, assistant commissioner of the agency’s Office of Professional Responsibility, emphasized that the privacy of the social media groups does not protect current or former employees from disciplinary action.
Members of the secret Facebook group for current and former Border Patrol agents joked about the deaths of migrants and discussed throwing burritos at Latino members of Congress visiting a detention facility while referring to them as scum buckets. In one post, a photoshopped image depicted Congressmember Alexandria Ocasio-Cortez being sexually assaulted by President Trump. In another thread, members of the group made fun of a video of an immigrant man trying to carry a child through a raging river in a plastic bag. One group member commented, “At least it’s already in a trash bag.”
In one exchange, group members responded with indifference and wisecracks to the post of a news story about a 16-year-old Guatemalan migrant who died in May while in custody at a Border Patrol station in Weslaco, Texas. One member posted a GIF of Elmo with the quote, “Oh well.” Another responded with an image and the words “If he dies, he dies.”
Rep. Veronica Escobar, who said on Twitter she was “one of the Latina members of Congress targeted by the hateful attacks,” but she had not received information about the investigation from Customs and Border Protection. Rep. Joaquín Castro, the head of the Congressional Hispanic Caucus, reviewed the Facebook discussions and was incensed. “It confirms some of the worst criticisms of Customs and Border Protection,” said Castro. “These are clearly agents who are desensitized to the point of being dangerous to migrants and their co-workers.” He added that the agents who made the vulgar comments “don’t deserve to wear any uniform representing the United States of America.”
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There have been over 15 million confirmed coronavirus cases around the world with 618,000 deaths. Of those cases 8,500,000 have recovered. In the US there are over 4 million confirmed cases and over 145,000 have died in the 6 months since the first case was confirmed in the US. Almost 8,500,000 of the US cases have recovered. The United States has set another grim record for coronavirus infections, with more than 75,600 new cases confirmed. At least 11 states are reporting record hospitalizations, with nearly 1,000 new deaths in just 24 hours. Officials in Texas and Arizona have put out calls for refrigerated trucks, as morgues overflow with the bodies of COVID-19 patients. Texas and Florida both reported their highest death tolls of the pandemic.
As the number of new global coronavirus cases reaches record highs, the World Health Organization is warning the coronavirus outbreak will continue to worsen if governments don’t take basic public health measures. Reports the number of coronavirus deaths in Latin America has now exceeded the death toll in the United States and Canada. Researchers estimate the US will have 219,864 total Covid-19 deaths by November 1, according to the Institute for Health Metrics at the University of Washington.
In Florida, confirmed coronavirus cases topped 300,000 even as Disney World completed a phased reopening of its Orlando theme parks. Nearly 50 Florida hospitals said they were out of ICU beds. In Miami, hospitals have run out of regular intensive care beds, with new patients moved into converted ICUs. Governor Ron DeSantis said he was mobilizing 1,000 medical workers to fill critical staffing shortages.
California, the most populous state and the first to shut down months ago, appeared to have Covid-19 under control — only to suffer a massive resurgence and surpass New York with the most coronavirus cases in the nation. California, which now has 417,000 confirmed cases due to the recent spikes, is largely shutting down again. California Governor Gavin Newsom has a plan to halt the recent surge by ordering all indoor restaurants, wineries, movie theaters and museums to be closed again. Bars have been ordered to cease all operations. Indoor businesses have been shuttered in many areas. Newsom said the new shutdowns are needed to address the public health crisis. The Los Angeles and San Diego school districts have announced that all classes will be conducted online at the start of the school year due to the pandemic.
Covid-19 is set to become one of the leading causes of death in Los Angeles County, according to Barbara Ferrer, the county’s health director. “It’s killing more people than Alzheimer’s disease, other kinds of heart disease, stroke and COPD,” Ferrer said. Comparing Covid-19 to the flu, Ferrer said data shows Covid-19 killed twice as many people in six months as the flu did in eight months.
The city of Atlanta announced a similar plan. In New York, Governor Andrew Cuomo said schools will be allowed to reopen, but only in regions with low daily infection rates. At least 41 states have some kind of mask requirement in place or planned. In Colorado, Governor Jared Polis issued a statewide mask mandate, a week after refusing public health officials’ pleas to require facial coverings in public. Arkansas Republican Governor Asa Hutchinson issued a similar mask mandate. The CDC reports that 10 states have reported 10,000 new cases while three states each reported over 60,000 new cases in the last week.
Several vaccine trials are progressing well, and researchers say a vaccine might be publicly available by early 2021. Health and Human Services Secretary Alex Azar said any Covid-19 vaccine that’s sponsored by the US government will be free or affordable for the American public.
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The FBI has arrested Ghislaine Maxwell, a British socialite and heiress who is accused of luring girls to be sexually abused by convicted predator and sex trafficker Jeffrey Epstein. Maxwell is scheduled to appear in a New York court and could face up to 35 years behind bars. Epstein died from an apparent suicide last August in his jail cell. Maxwell has also previously been accused of sexually assaulting girls with Epstein.
Maxwell, 58, was arrested in Bradford, New Hampshire, on charges she conspired with Epstein to sexually abuse minors. She was found living at a reclusive, million-dollar luxury home with 156 acres of rural mountainside property, federal prosecutors said. In a brief electronic appearance in New Hampshire federal court, a judge remanded her to the custody of the U.S. Marshals and ordered her transferred to New York City. She did not enter a plea, and her attorney indicated he will seek a detention hearing in New York, a prelude to a possible bail request.
The six-count indictment in Manhattan federal court alleges that Maxwell helped Epstein groom girls as young as 14 years old, going back as far as 1994. Prosecutors say she was in the room during — and took part in — the sexual abuse of three underage girls at Epstein’s Upper East Side townhouse, his Florida estate and his ranch in New Mexico. Maxwell was also alleged to have helped Epstein groom teen girls for sex with the rich and powerful. One of those teens, Virginia Roberts Giuffre, leveled that charge against Maxwell in a 2015 defamation suit, as have a number of other women since.
Maxwell has previously denied allegations linking her to Epstein’s exploitation of girls and young women — including denials she made during the sworn testimony for depositions in 2016. The new indictment accuses Maxwell of committing perjury in those depositions.
In the months since Epstein died, federal agents have been discretely keeping an eye on Maxwell during the ongoing investigation. Prosecutors are asking for Maxwell to be held without bail, and also said they are continuing to investigate the case. Maxwell is “an extreme flight risk,” who faces the prospect of serving “many years in prison,” prosecutors said in a court filing. That filing also noted that Maxwell, the daughter of the late crooked media mogul Robert Maxwell, has extensive international connections, citizenship in Britain and France, passports from the U.S., United Kingdom and France, and large sums of money.
The filing stated that Maxwell has 15 different bank accounts, and has made intentional efforts to avoid detection, including moving locations at least twice, switching her primary phone number (which she registered under the name “G Max” and email address, and ordering packages for delivery with a different person listed on the shipping label.” The property she was living in at the time of her arrest was purchased in December by a limited liability corporation that was anonymized to hide the identity of the person or persons behind the purchase, according to prosecutors. The real estate agent who handled the sale for the seller said she was unaware of the buyer’s actual identity because the buyer’s representatives would not disclose it.
Maxwell is the first to be charged in the Epstein investigation besides Epstein himself. Audrey Strauss, the acting U.S. Attorney for the Southern District of New York, which is prosecuting the case said her office “would welcome” Prince Andrew “coming in and giving us an opportunity to hear his statement” about his relationship with Epstein and Maxwell. Prince Andrew previously has denied a claim by one of Epstein’s victims that he had sex with her at the direction of Maxwell.
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The U.S. coronavirus outbreak continues with over 3 million confirmed cases as more states reported record numbers of new infections, and Florida faced an impending shortage of intensive care unit hospital beds. Additional hospitalizations could strain healthcare systems in many areas, leading to an uptick in deaths from the respiratory illness that has killed more than 131,000 Americans since the pandemic began and many survivors are grappling with long-term complications. Authorities have reported alarming increases of daily caseloads in roughly two dozen states over the past two weeks, a sign that efforts to control transmission of the novel coronavirus have failed in large swaths of the country.
Last week, the country averaged just under 50,000 new cases daily — the highest rate recorded, and twice as high as a month ago. An influential coronavirus model has increased its projections for US deaths and it’s now forecasting more than 208,000 deaths by November. Experts say that face masks could save as many as 45,000 US lives by November if 95% of the population wears a covering in public, according to the Institute for Health Metrics and Evaluation (IHME) at the University of Washington, which built the model.
California, Hawaii, Missouri, Montana, Oklahoma and Texas shattered their previous daily record highs for new cases. California reported more than 10,000 coronavirus cases in one day, a record rise for a single day that also surpassed the number of contact tracers recently trained by the state to detect and prevent potential outbreaks. About 24 states have also reported disturbingly high infection rates as a percentage of diagnostic tests conducted over the past week. New COVID-19 infections have risen in 42 states in the past two weeks. Only three other U.S. states have reported more than 10,000 cases in a day. Florida reported 11,458 new cases on July 4 and Texas reported 10,028 on July 7.
At least 56 intensive care units in Florida hospitals had reached capacity on July 7, state officials said. Another 35 hospitals show ICU bed availability of 10% or less, according to the Agency for Health Care Administration in that state. Georgia surpassed 100,000 reported coronavirus cases, becoming the ninth state to pass the mark. In California, the number of hospitalizations across the state were at an all-time high and the virus positivity rate jumped more than 2% in Los Angeles.
New York recorded 12,847 new infections on April 10, three weeks after the state implemented a strict lockdown that closed most businesses. Once the epicenter of the U.S. epidemic, New York saw cases rise by about 6% in June – the lowest rate in the entire country. In Texas, the number of hospitalized patients has more than doubled in just two weeks. The U.S. Department of Health and Human Services said it was adding short-term “surge” testing sites in three metropolitan areas in Florida, Louisiana and Texas.
Affecting nearly one of every 100 Americans, the surge has forced authorities to backpedal on moves to reopen businesses, such as restaurants and bars, after mandatory lockdowns in March and April reduced economic activity to a virtual standstill and put millions of Americans out of work.
Governors and mayors in many states have ordered people in hotspot counties to wear face coverings in public. Recently published research found that on average, the time from exposure to symptom onset (known as the incubation period) is about five to six days. However, studies have shown that symptoms could appear as soon as three days after exposure to as long as 13 days later. That is why contact tracing is so important in controlling the spread of the coronavirus although in parts of the south and southwest, cases are now rising so quickly that experts are warning contact tracing isn’t possible any more.
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Researchers at the University of Chicago have documented 50 incidents of Black Lives Matter protestors being hit by cars from May 27 to June 17 across the country. The rash of attacks where they say right wing extremists have used their vehicles as weapons against Black Lives Matter protestors. Of those, five were by law enforcement and 45 by civilians. At least 18 are categorized as deliberate attacks; another two dozen are unclear as to motivation or are still under investigation, according to a count released Friday by Ari Weil, a terrorism researcher at the University of Chicago’s Chicago Project on Security and Threats. Weil has tracked vehicle-ramming attacks, or VRAs, since protests began.
Four were ruled accidental, including the viral incident when a tanker barreled down a highway in Minneapolis, sending terrified protesters running for their lives. Authorities later released the driver without charges, saying he had acted foolishly but did not deliberately target protesters.
The 20 people facing prosecution in the incidents include a state leader of the Virginia Ku Klux Klan, as well as a California man who was charged with attempted murder after antagonizing protesters and then driving into them, striking a teenage girl. Video footage of some attacks shows drivers yelling at or threatening Black Lives Matter protesters before hitting the gas.
In New York, an SUV driver sped through a peaceful protest march in Times Square, narrowly missing several people. In Bloomington, Indiana, two people were injured when a driver rammed a peaceful march demanding justice for a Black activist who survived an attempted lynching. In Long Island, New York, police arrested a man after he allegedly plowed his SUV into a crowd of Black Lives Matter protesters, injuring two people. One ramming in Boston unfolded live on the local TV news, with the reporter at the scene saying, “Several people just got hit! Several people just got run over!”
A 27-year-old man, Dawit Kelete was charged with vehicular homicide, vehicular assault and reckless driving after barreling into a Black Lives Matter protest on a closed Seattle freeway, killing protester Summer Taylor, 24, and seriously injuring nother protester, Diaz Love, 32. Kelete allegedly drove his white Jaguar onto a closed section of the interstate where ongoing demonstrations have been occurring, and slammed into Taylor and Diaz.
Surveillance video captured the 2013 Jaguar apparently speeding down the freeway, swerving around cars supporting the protest that were blocking the lanes, and striking Taylor and Love, who were walking on the shoulder. The blow knocked them into the air, over the roof of the vehicle, and onto the pavement. According to the charging documents, Kelete allegedly did not slow down as he drove on the shoulder, aiming for the two.
The last rash of vehicle rammings occurred in 2015 and 2016, Weil said, when the “Run Them Over” meme was popularized in far-right circles in response to Black Lives Matter protests and demonstrations against the controversial Dakota Access Pipeline. The most high-profile attack occurred a year later, during the 2017 Unite the Right rally in Charlottesville, Virginia. James Alex Fields previously espoused neo-Nazi and white supremacist beliefs. He was convicted of hit and run and first degree murder after he plowed his car into a crowd, killing 32-year-old Heather Heyer and wounding dozens of others.
“To see dozens of these incidents occur over two weekends was surprisingly high. I want to caution that this isn’t just a far-right, neo-Nazi thing, but it’s becoming something that’s encouraged broadly, and I think that should worry everyone,” Weil said.
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The family of Vanessa Guillen, the 20-year-old Fort Hood soldier who has been missing since April 22, says military investigators have positively identified her remains. The remains were found last week in a shallow grave near the Texas Army base. The Army said that one suspect, Cecily Anne Aguilar, was in custody in connection with Guillen’s disappearance. A second suspect in the case, Specialist Aaron David Robinson, took his own life in Killeen, Texas, as officers approached him.
Guillen was reported missing on April 23 and her car keys, identification card, bank card, and barracks key were found inside the armory where she worked. Her family felt Guillen disappeared under suspicious circumstances. The case was investigated under the jurisdiction of the U.S. Army Criminal Investigation Command (CID) and the Federal Bureau of Investigation with Bell County Sheriff’s Office. They began searching the area and SPC Robinson was interviewed for the first time on April 28.
On June 19, Aguilar is interviewed for the first time and the remains of another missing soldier, Pvt. Gregory Morales, were found outside Fort Hood during the search for Guillen. The remains were left in a field near the 3200 block of Florence Road in Killeen. Morales had been missing since August 2019 and was listed by the Army as a deserter. Robinson left his post on June 30 and shot himself in the head as police tried to make contact with him along a roadside in the early morning hours of July 1st. CID interviewed Aguilar a second time hours after Robinson killed herself and she helped lead investigators to the remains of Guillen. She admitted that he picked her up from her job and in the early morning hours of April 23, showed her the body of Guillen, admitting he bludgeoned her on base.
Army investigators told the family Guillen was beaten to death with a hammer in the armory building where she worked before being removed from the base. According to her family, Guillén had been planning on reporting Robinson for sexual harassment. Aguilar admitted that the two dismembered the body and attempted to burn the remains before placing them in two separate holes. They returned and continued dismembering the remains to better conceal the murder. Aguilar is being held in custody while the criminal investigation continues. If convicted, she could face up to 20 years in prison. She is expected back in court on 14 July, when bail could be considered.
Guillen’s family has called for a congressional investigation into the Fort Hood base. They allege that she was harassed by someone in her unit. Her sister, Mayra Guillen said last week she believed her sister was afraid during her time on the base. Officials have said they have no report to indicate she was sexually harassed or assaulted. Major General Scott Efflandt said the army would “complete the ongoing investigation into sexual harassment and take action against those findings” at the base, in addition to the investigation into Guillen’s murder.
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Protests against racism and police violence continued over the weekend. In Aurora, Colorado, police used pepper spray on crowds as thousands took to the streets, shutting down an interstate, in a call for justice for Elijah McClain. McClain, 23, was killed by police after he was tackled by police as he headed home from a local convenience store, placed in a chokehold and then injected with the sedative ketamine by paramedics. Three officers with the Aurora Police Department were fired, and a fourth resigned, after they took selfie photos reenacting the killing of Elijah McClain in front of a memorial for him two months after his death. Aurora’s interim police chief, Vanessa Wilson, called the photo a “crime against humanity and decency.”
Colorado Governor Jared Polis announced a special prosecutor would reopen a probe into the police killing of Elijah McClain. Those officers are Erica Marrero and Kyle Dittrich. The officer in the middle of the photos, Jaron Jones, resigned. Officer Jason Rosenblatt, one of the officers involved in McClain’s arrest, was terminated after responding via text to the photos with “haha.” It’s not clear if Rosenblatt will appeal his termination.
Federal law enforcement agencies revealed that, since last year, they’ve been investigating the death of Elijah McClain at the hands of Aurora police and paramedics. The U.S. Attorney’s Office for the District of Colorado, the Department of Justice’s Civil Rights Division and the Denver Division of the FBI said in a news release that the recent international attention around the death of McClain caused them to disclose their ongoing investigation. McClain was walking home from a store when a passerby called 911 and reported McClain was acting odd.
Three officers responded to the call and located McClain walking northbound near Interstate 225. McClain was wearing a mask but was not armed, and had not committed a crime. McClain didn’t stop when officers told him to, later telling them he had his music playing on his headphones and couldn’t hear them. One officer grabs McClain, who asked the officer to respect his boundaries, placed him in a chokehold and tackled him to the ground. He was also given ketamine, a sedative, by an Aurora Fire Department paramedic.
The officers claim McClain resisted arrest and that he attempted to take one of their guns. Body camera footage does not show McClain reaching for their guns. McClain “briefly went unconscious,” according to a report the local district attorney, Dave Young, completed last fall. McClain could also be heard in the police video telling the officers, “I can’t breathe, please,” and he vomited while he was on the ground. When paramedics arrived, McClain was injected with ketamine, placed into soft cuffs and loaded into an ambulance. About seven minutes after he received the ketamine, McClain had no pulse in the ambulance and went into cardiac arrest, the report said. Medics were able to revive him, but he was later declared brain dead, and he was taken off life support less than a week later.
Mari Newman, an attorney for McClain’s family, said that the ketamine was unnecessary and that she wants a thorough investigation. “The Aurora medics had no right to inject Elijah with ketamine at all,” she said. “He was handcuffed, crushed against the ground by officers much larger then he was, and he was not fighting. He was begging for his life, vomiting and trying to breathe. And they certainly had no right to involuntary inject him with a dose intended for someone over twice his size.”
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The World Health Organization is warning “the worst is yet to come” as countries across the globe are experiencing new spikes, with some putting the brakes on reopening. The pandemic is the worst in the Americas, where the number of COVID-19 deaths are projected to nearly triple to 627,000 by October 1. Coronavirus cases have now surpassed 11 million worldwide, with over a half-million deaths. Cases continue to surge across much of the United States, where confirmed cases have now topped 2.8 million, with over 128,000 reported deaths — that’s one-quarter of the world’s cases and deaths, though the U.S. has just over 4% of the global population.
Spikes are being reported in 36 states. Only two states — Connecticut and Rhode Island — saw a decline in new cases compared to the previous week. The United States has set another grim coronavirus record, confirming nearly 52,000 cases of COVID-19 in just 24 hours. Alaska, Arizona, California, Georgia, Idaho, Oklahoma, South Carolina, Tennessee and Texas all reported single-day record levels of the disease with hospitals in some regions already overwhelmed with patients.
At least a dozen states have “paused” their reopening. In California, Governor Gavin Newsom ordered bars in seven counties, including Los Angeles, to close. The governors of Florida and Texas have ordered bars to close, among other restrictions, in an attempt to curb the surge in cases. A major hospital system in Houston reportedly stopped disclosing COVID-19 data after its ICU capacity hit 100%, and following conversations with Governor Greg Abbott in which he expressed concern over negative headlines. Both governors are refusing to impose statewide stay-at-home orders and mandate the wearing of face masks.
More states around the country are imposing new measures and rolling back their reopening as coronavirus cases continue to surge. The governors of Oregon and Kansas are mandating face masks for residents. Jacksonville, Florida, also said it will make face coverings mandatory. Seven cities in Texas say they will impose orders mandating face masks. Meanwhile, hospitals in Texas report a dire situation as cases surge.
Meanwhile, beaches in Los Angeles, as well as several Florida counties, were closed for Fourth of July weekend. Despite skyrocketing cases, crowds still packed many of the open beaches in coastal cities for the Fourth of July holiday weekend, sparking further fears of new spikes.
Officials in Texas, Florida and Arizona say the states’ early reopenings helped fuel the explosion in cases. In California, Governor Gavin Newsom reimposed coronavirus restrictions, shutting down bars and indoor dining in 19 counties that are home to more than 70% of California’s population. In Arizona, Governor Doug Ducey ordered bars, gyms, movie theaters and water parks closed for at least 30 days amid an exponential rise in new infections. New York City has also halted plans to reopen indoor dining at restaurants. New York, New Jersey and Connecticut have ordered travelers from 16 states with high infection rates to self-quarantine upon their arrival.
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Protests intensified in Atlanta after a police officer shot 27-year-old Rayshard Brooks in the parking lot of a Wendy’s fast-food restaurant. The encounter was caught on surveillance camera and by a witness. Police approached Brooks after he had fallen asleep in his car. The police questioned Brooks, patted him down and gave him a breathalyzer test. Witness videos, surveillance footage, bodycam and dashcam footage show the officers engaged Brooks without incident for 41 minutes before the encounter turned fatal.
Atlanta Police Department officer Devin Brosnan arrived at the Wendy’s restaurant to investigate a report of a man asleep in a car which was blocking the drive-through lane. Brosnan awakened Brooks and told him to move the car to a parking space and take a nap. Brooks fell asleep again without moving the car prompting Brosnan to again wake Brooks and instruct him to park the car. Brosnan checked Brooks’s driver’s license and radioed for assistance from an officer certified to conduct driving under the influence investigations. Officer Garrett Rolfe arrived at 10:56 and, with Brooks’s permission, performed a pat-down search for weapons, a field sobriety test, and a breathalyzer test. Brooks appeared impaired and said he had consumed one to one-and-a-half drinks and denied driving or being too drunk to drive. The Breathalyzer registered a blood alcohol level of 0.108%, above the legal limit of 0.08%. Brooks asked to leave his car in the parking lot overnight and walk to his sister’s house a short distance away.
At 11:23, Rolfe told Brooks: “All right, I think you’ve had too much to drink to be driving. Put your hands behind your back for me”; he and Brosnan then moved behind Brooks to handcuff him. Brooks tried to break free and he and the officers scuffled on the ground. During the struggle Brosnan drew his Taser, but Brooks wrested from him and fired it toward Brosnan before attempting to run away. Brosnan says the Taser contacted him and he struck his head on the pavement. Rolfe drew his own Taser and shot Brooks with it. Brooks fled through the parking lot with Brosnan’s Taser still in hand as Rolfe pursued him and fired again with his own Taser. While still running, Brooks turned to fire the second shot of Brosnan’s Taser – capable of two shots before being reloaded – over Rolfe’s head. According to prosecutors, Brooks and Rolfe were 18 feet apart when Rolfe dropped his Taser, drew his handgun and shot Brooks once in the mid-back and once in the buttocks; a third shot struck a nearby vehicle, narrowly missing its three occupants. According to prosecutors Rolfe then declared, “I got him”.
Within 24 hours of the shooting, Mayor Keisha Lance Bottoms said that she did not believe it was justified, leading to Rolfe’s firing, Brosnan being placed on administrative duty and the resignation of the city’s police chief, Erika Shields. The county medical examiner rule Brooks’ death a homicide and Georgia Bureau of Investigation opened an investigation. The Fulton County District Attorney said Brooks did not present himself as a threat and appeared almost jovial during the encounter. He announced 11 charges against Rolfe: felony murder, five counts of aggravated assault, four police oath violations, and damage to property. He said Rolfe should have been aware that the Taser Brooks had taken posed no danger, as after being fired twice it could not fire again. He also said that Rolfe and Brosnan did not provide timely medical aid to Brooks and that before they did, Rolfe kicked him and Brosnan stood on his shoulders. The district attorney said it was a violation of department policy for Rolfe to begin handcuffing Brooks before telling him he was being arrested.
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