18-year-old charged with killing, robbing man during meeting to buy PlayStation 5
(HOUSTON, Texas) — An 18-year-old was arrested and charged in Houston, Texas, after allegedly killing a man during an meetup to purchase a PlayStation 5.
The Houston Police Department charged Zavion Joshua Pabon, 18, with capital murder and aggravated robbery with a deadly weapon in the shooting death of 37-year-old Tyler McGinty, who was selling the video game console.
Patrol officers responded on Nov. 24 to a report of a shooting at a hotel room at 3850 Wilcrest Drive, according to the HPD. The victim was later identified as McGinty.
McGinty was taken to an area hospital in critical condition and was pronounced dead on Nov. 28, the HPD said.
Pabon was later identified as a person of interest in the case and was arrested Thursday and charged with McGinty’s murder, according to the HPD.
According to McGinty’s mother, Tammy Smith, her son was selling a PlayStation 5 online for $350 and went to the hotel to meet with a potential buyer.
“He got his head blown off for a PlayStation 5,” Smith told ABC affiliate station KTRK in Houston.
McGinty had sold several items online, his mother said, adding that she never expected something like this to happen.
“You don’t think like that,” Smith said. “Normal people don’t do this. This isn’t a normal person. This is a very, very bad individual.”
Smith said she finds solace in knowing her son was an organ donor and that his heart continues to beat.
“It just makes me happy, and it comforts me in my time of need as a mom going through grief,” Smith said.
Pabon is currently in jail and has been denied bond, according to the Harris County Clerk’s Office. His next hearing is set for Dec. 12.
(NEW ORLEANS, LA) — The suspect in a deadly attack on New Year’s revelers in New Orleans has been identified as Shamsud-Din Jabbar, a 42-year-old U.S.-born citizen and U.S. Army veteran from Texas, according to the FBI.
At least 15 people were killed and over two dozen injured after a man drove a Ford pickup truck through a crowd on Bourbon Street at a high rate of speed early Wednesday, multiple law enforcement sources and Louisiana Rep. Troy Carter told ABC News.
Authorities are working to determine whether the deceased suspect had any affiliation with terrorist organizations after an ISIS flag was found tied to the truck’s trailer hitch, the FBI said.
After barreling through the crowd over a three-block stretch, the suspect allegedly got out of the truck wielding an assault rifle and opened fire on police officers, law enforcement officials briefed on the incident told ABC News. Officers returned fire, killing the suspect, police said. At least two police officers were shot and wounded, authorities said.
“This man was trying to run over as many people as he possibly could,” New Orleans Police Chief Anne Kirkpatrick said at a press briefing on Wednesday afternoon. “It was not a DUI situation. This is more complex and more serious.”
She said the driver was “hell-bent on creating the carnage and the damage that he did.”
Weapons and potential IEDs were located in the suspect’s vehicle and other potential IEDs were located in the French Quarter, according to the FBI, which is leading the investigation. As of now, two IEDs have been found and rendered safe, the FBI said. Investigators found homemade pipe bombs at the scene of the Bourbon Street attack, law enforcement sources told ABC News. The crude devices contained coils and nails, the sources said. Authorities also found a grenade, which is among the items tested for viability, sources said.
New Orleans Mayor LaToya Cantrell described the horrific incident as a “terrorist attack” and the FBI said it was being investigated as an act of terror.
The suspect is not believed to be “solely responsible” for the attack, according to the FBI, which said it is pursuing leads to identify any of his associates.
New Orleans police have reviewed surveillance video that appears to show several people planting potential explosive devices in advance of the vehicle ramming, leading the FBI to conclude the driver of the pickup truck did not act alone in the attack, law enforcement sources told ABC News.
Investigators are urgently working to identify the individuals who were seen on camera and take them into custody, the sources said.
Jabbar is believed to have been discharged honorably from the Army, though investigators are still looking into his military record, the FBI said.
Carter told ABC News that the suspect appears to have “lived or spent some time” in the New Orleans area.
“My understanding is there may have been some identification that indicated that the suspect had a local residence and so that information is being tested,” he said.
The vehicle had a Texas license plate, according to Carter.
The truck used in the attack appeared to be a Ford F-150 Lightning, an electric vehicle. It appears the truck was rented through the Turo app — a carsharing company, according to Rodrigo Diaz, the owner of the truck.
Diaz told ABC News he rented the truck to an individual through the app and is currently talking to the FBI. He declined further comment.
Diaz’s wife, Dora Diaz, told ABC News that she and her husband are devastated by the incident.
“My husband rents cars through the Turo app. I can’t tell you anything else. I’m here with my kids, and this is devastating,” Dora Diaz said.
(NEW ORLEANS , LA) — A suspect who was “hell-bent” on killing as many people as possible drove a rented pickup truck around barricades and plowed his vehicle through a crowd of New Year’s revelers on Bourbon Street in New Orleans at a high rate of speed, leaving at least 10 dead and injuring dozens of others early Wednesday, city and federal officials said.
After mowing down numerous people over a three-block stretch on the famed thoroughfare while firing shots into the crowd, the suspect allegedly got out of the truck wielding an assault rifle and opened fire on police officers, law enforcement officials briefed on the incident told ABC News. Officers returned fire, killing the suspect who was not immediately identified, sources said. At least two police officers were shot and wounded, authorities said.
Improvised explosive devices found in and around the scene on Bourbon Street were apparently found to be viable and investigators were looking for more in the city’s French Quarter, multiple law enforcement sources tell ABC News. Investigators are working to determine whether the deceased suspect entered the country recently and whether he had a connection to ISIS, law enforcement sources told ABC News.
Jason Williams, the district attorney of Orleans Parrish, which includes New Orleans, told ABC News that investigators are conducting a grid search to determine if other explosive devices were planted. He also said investigators are probing whether the suspect acted alone or had help from others in planning and executing the attack.
Williams also said an investigation is underway on whether barricades along Bourbon Street were still up at the time of the attack.
Investigated as terror attack
New Orleans Mayor LaToya Cantrell described the horrific incident a “terrorist attack” and the FBI said it was being investigated as an act of terror. The bloodshed comes on the heels of a deadly vehicle ramming attack in Germany. Fears of such attacks were a growing concern among law enforcement as well as attacks by lone actors at winter holiday events.
Police Superintendent Anne Kirkpatrick said the driver had attempted to kill as many people as possible. The truck used in the attack appeared to be a F-150 Lightning, an electric vehicle. A black flag appeared to be attached to the vehicle, but its significance was not immediately known.
By the time the melee had ended, at least 35 people were injured, New Orleans police and city officials said. Most of the victims appeared to be local, officials said.
“He was hell-bent on creating the carnage that he did,” Kirkpatrick said at a news conference early Wednesday.
The New Orleans Police Department said the attack occurred despite the force being “staffed 100%” for New Year’s Eve and the Sugar Bowl, a college football game played annually on New Year’s Day. An additional 300 officers were on duty from partner agencies, the police department said.
Despite discussions about canceling or postponing the Sugar Bowl, the game was expected to be played Wednesday evening, sources briefed said. Some events and parties around the game were canceled, however.
President Joe Biden has been briefed on the attack and has been in touch with Cantrell to offer support, according to the White House.
“I will continue to receive updates throughout the day, and I will have more to say as we have further information to share,” Biden said in a statement. “In the meantime, my heart goes out to the victims and their families who were simply trying to celebrate the holiday. There is no justification for violence of any kind, and we will not tolerate any attack on any of our nation’s communities.”
President-elect Donald Trump posted a statement on his Truth Social platform, saying, Our hearts are with all of the innocent victims and their loved ones, including the brave officers of the New Orleans Police Department. The Trump Administration will fully support the City of New Orleans as they investigate and recover from this act of pure evil!”
Local authorities asked the FBI for assistance early on Wednesday, a senior federal law enforcement source told ABC News. A command center was being set up, the source said. The FBI was set to lead the investigation.
‘Horrific act of violence’
“A horrific act of violence took place on Bourbon Street earlier this morning,” Gov. Jeff Landry said, adding that his family was praying for the victims and first responders.
Witness Jimmy Cothran of New Orleans told ABC News that he and a friend were walking on Bourbon Street when the truck attack began. He said they ducked into a bar and within minutes, four frantic women pushed through security, rushed into the bar and hid under tables.
“When we got on the balcony, what we saw was insanity,” Cothran, a certified emergency medical technician, said. “I mean it was something out of a movie, the graphic nature of it. It was unbelievable. We instantly counted I’d saw 10 bodies, six clearly graphically deceased and the others yelling with one around. Everyone had just cleared the street completely.”
Cothran said he tried to go out and help the injured but was stopped by security.
Another witness, who requested to be identified only as Paul S., told ABC News he was startled awake by the sound of what he initially thought was fireworks.
“Around 3:15 [a.m.], we heard a ‘pop, pop, pop, pop’ sound followed by a sound that sounded like fireworks going off, like big fireworks all at once,” Paul S. said. “Then it turned out that was the crash.”
He said he looked outside his hotel window, he saw a chaotic scene with bodies strewn on the street below.
“What I was was if you can imagine a street with brick and whatnot littered all around the sidewalk, and then there were bodies laid up next to garbage cans and people rushing to give aid,” Paul S. said.
He said he observed a man who had been thrown from his wheelchair lying on the ground next to the truck involved in in the attack writhing in pain.
“There was also a body underneath a scissor lift,” Paul S. said.
Truck apparently rented through app
The Ford F-150 Lightning truck used in the attack was apparently rented through the Turo app — a car sharing company, according to Rodrigo Diaz, the owner of the truck. Diaz told ABC News he rented the truck to an individual through the app and is currently talking to the FBI. He declined further comment.
Diaz wife, Dora Diaz, told ABC News that she and her husband are devastated by the incident.
“My husband rents cars through the Turo app. I can’t tell you anything else. I’m here with my kids, and this is devastating,” Dora Diaz said.
Deploying ‘every available resource
Attorney General Merrick Garland confirmed the FBI is investigating the incident as an act of terrorism. He said the the Justice Department’s National Security Division, and the U.S. Attorney’s Office for the Eastern District of Louisiana are working with local law enforcement and “will deploy every available resource to conduct this investigation.”
“The country woke up this morning to news of a terrible tragedy in New Orleans that killed at least 10 people and injured many more,” Garland said in a statement. “My heart is broken for those who began their year by learning people they love were killed in this horrific attack, and my prayers are with the dozens who were injured, including the New Orleans Police Department Officers who risked their lives to save others.”
Leading up to the holidays, federal law enforcement and intelligence had warned police around the country that low-tech vehicle ramming was a key area of concern and that they needed to prepare — and that was before the German Christmas market attack on Dec. 20, in which five people were killed and hundreds were injured.
In a Dec. 9 assessment for the Times Square New Year’s Eve celebration, federal and local agencies wrote: “We remain concerned about the use of vehicle ramming against high-profile outdoor events…Vehicle ramming has become a recurring tactic employed by threat actors in the West, marked by a continued interest by (terrorists, extremists) and lone offenders in targeting crowded pedestrian areas.”
“There are 30 injured patients that have been transported by NOEMS and 10 fatalities,” the city said, using an acronym for the New Orleans Emergency Medical Services.
The police later said at least 35 people were injured and taken to five local hospitals — University Medical Center, Touro Hospital, East Jefferson General Hospital, Ochsner Medical Center Jefferson Campus and Ochsner Baptist Campus.
This is a developing story. Please check back for updates.
(NEW YORK) — Judge Maxwell Wiley has dismissed the top charge of second-degree manslaughter against Daniel Penny in the death of Jordan Neely at the request of prosecutors after considering declaring a mistrial after jurors reported they continue to be deadlocked on the charge.
He said he will encourage the jury to continue deliberating on Monday the lesser charge of whether Penny committed criminally negligent homicide in the death of Neely, a homeless man, on the New York City subway last year.
Defense attorney Thomas Kenniff opposed the move, arguing the move could lead to a “coercive or a compromised verdict.” He again encouraged the judge to declare a mistrial.
This leaves the jury to deliberate the lesser count of criminally negligent homicide.
“Whether that makes any difference or not I have no idea,” Wiley said.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
He was initially charged with both manslaughter and negligent homicide charges. He pleaded not guilty to both.
The jury sent two notes repeating that they could not come to a unanimous conclusion on the count.
Wiley suggested giving the jury a second Allen charge, and he gave the lawyers more time to think about next steps.
In its first note of the day, the jury in Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
Wiley gave the jury an Allen charge, which refers to the jury instructions given to a hung jury that encourages them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.
Penny’s lawyer, Thomas Kenniff, unsuccessfully moved for a mistrial, arguing that the Allen Charge would be “coercive.”
Wiley disagreed, saying that it was “too early” to declare a mistrial before encouraging the jury to continue their deliberations.
The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.
The second-degree manslaughter charge only required prosecutors to have proven Penny acted recklessly, not intentionally.
“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.
Yoran also told Wiley that a new trial would “ultimately [be] the case if they hang the case.”
Wiley left unanswered the question about whether the jury could move onto the second count if they are unable to reach a verdict on the first count. He said he believed the jury moving to the second count is possible but needs to find the legal authority to do so.
“I think ultimately we are going to have to answer the question of whether they can move to count two,” he said.
Twenty minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.
“Ultimately, what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.
“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.
Before the jury entered, Wiley noted how the “reasonableness” standard was established in People v. Goetz – another high-profile New York trial after Bernhard Goetz shot four teenagers on a New York subway in 1984 after they allegedly tried to rob him. A New York jury convicted Goetz for one count of carrying an unlicensed firearm but acquitted on the more severe charges, and the trial sparked a nationwide debate about race and crime that has echoed forty years later in Penny’s case.