2 kindergarteners in ‘critical but stable condition’ after Christian school shooting
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(LOS ANGELES) — Two kindergarteners — a 5-year-old boy and a 6-year-old boy — are in “critical but stable condition” on Thursday after they were shot a day earlier at their small Christian grammar school in Northern California, authorities said.
The suspected gunman died from an apparent self-inflicted gunshot wound after entering the school and opening fire on the students Wednesday, according to Butte County Sheriff Kory Honea.
Butte County authorities responded to reports of an active shooter at the Feather River Adventist School near Oroville shortly after 1 p.m., Honea said. A California Highway Patrol trooper was the first to arrive on the scene and found the two wounded students and the suspect’s body with a handgun nearby.
The suspected shooter had met with a school administrator earlier in the day to discuss enrolling a student at the school, which teaches kindergarten to 8th grade and has a total of 35 students, according to Honea.
It’s unclear if the meeting was legitimate or a ruse for the suspected gunman to get inside, the sheriff said.
The meeting was described as “cordial” and did not set off any alarm bells with the school administrator, the sheriff said.
A few minutes after that meeting, the shots rang out, he said.
The suspect has been identified and authorities are working to find a motive, the sheriff’s office said.
The sheriff said that he may have targeted the school because of its affiliation with the Seventh-day Adventist Church.
“Out of an abundance of caution, we sent an alert out to law enforcement agencies throughout the state of California, advising them of this shooting and advising them that the subject may have targeted this school because of its affiliation with that particular religious organization,” Honea said.
“Our request of those law enforcement agencies was to be vigilant and make sure that those schools are safe and the students are still safe,” he added.
The suspect was dropped off at the school by an Uber driver who has since been interviewed by police, authorities said.
“We’re working to essentially reconstruct this individual’s activities over the course of today as well as into the past to determine why … he did the things that he did,” Honea said.
The FBI is helping to process the scene and dig into the suspect’s background.
Butte County is located about 65 miles north of Sacramento.
(WEATHERFORD, OK) — A tornado-producing storm was tearing through southwestern Oklahoma early Monday, with at least one confirmed tornado, the National Weather Service said.
The storm was near Granite, a town with a population of about 1,600, at about 3:37 a.m. CST, the service said.
Tornado warnings were in effect for western Washita County, southwestern Custer County, northwestern Kiowa County, northeastern Greer County and southeastern Beckham County.
This is a developing story. Please check back for updates.
(LOUISVILLE, Ky.) — A jury on Friday found former Louisville police officer Brett Hankison guilty of violating Breonna Taylor’s civil rights during a fatal botched police raid, in a retrial of the federal case against him.
The guilty verdict came hours after the jury acquitted Hankison of a second count of violating the civil rights of three of Taylor’s neighbors, who lived in an adjacent apartment that was also struck by gunfire during the raid. After the partial verdict was delivered, jurors, who remained deadlocked on the count specifically related to Taylor, were instructed by the judge to continue deliberating.
The jury returned a guilty verdict on that count shortly before 9:30 p.m., according to Louisville ABC affiliate WHAS.
Family and friends of Taylor hugged each other and cheered after leaving court late Friday night.
Speaking to reporters after the verdict, Tamika Palmer, Taylor’s mother, thanked prosecutors and jurors. “They stayed the course,” Palmer said of prosecutors, who retried the case after Hankison’s first federal trial ended in a mistrial last year when the jury was unable to reach a unanimous decision after deliberating for several days.
As deliberations this time around stretched late into the evening Friday, Palmer said she began to feel defeated. “The later it got, the harder it got, and I’m just glad to be on the other side,” she said.
“Now, I just want people to continue to say Breonna Taylor’s name,” her mother said.
Taylor was fatally shot during the March 2020 raid. The three officers fired dozens of rounds after her boyfriend fired one round at them, striking one of the officers.
Hankison fired 10 rounds through Taylor’s sliding glass door and window, which were covered with blinds and curtains, prosecutors said. Several of the rounds traveled into Taylor’s neighbor’s apartment, where three people were at the time. None of the 10 rounds hit anyone.
Prosecutors argued Hankison’s use of force was unjustified, put people in danger and violated the civil rights of Taylor and her three neighbors. The indictment alleged Hankison deprived Taylor of the right to be free from unreasonable seizures and deprived her neighbors of the right to be free from the deprivation of liberty without due process of law.
Several witnesses, including Louisville’s current police chief, testified during the trial that the former officer violated Louisville police policy requiring officers to identify a target before firing, according to The Associated Press.
The defense argued during the trial that Hankison had joined a poorly planned raid and that he fired his weapon after believing someone was advancing toward the other officers, the AP reported.
The charges carry a maximum sentence of life in prison if convicted.
The plainclothes officers were serving a warrant searching for Taylor’s ex-boyfriend, who they alleged was dealing drugs, when they broke down the door to her apartment. He was not at the residence, but her current boyfriend, Kenneth Walker, thought someone was breaking into the home and fired one shot with a handgun, striking one of the officers in the leg. The three officers returned fire, shooting 32 bullets into the apartment.
The original indictment alleged Hankison had also violated Walker’s civil rights, though Walker was removed from the charge at the beginning of the retrial.
The retrial marked the third trial for Hankison, following the initial mistrial as well as a state trial in 2022, in which he was acquitted of multiple wanton endangerment charges.
Like in his previous trials, Hankison took the stand during the retrial, getting emotional at times over two days of testimony, according to WHAS, the ABC affiliate in Louisville covering the case in the courtroom.
Hankison told the jurors he was “trying to stay alive, [and] trying to keep my partners alive,” according to WHAS.
Hankison insisted “the only person my bullet could have struck was the shooter,” saying there was “zero risk” of hitting anyone outside the threat, according to WHAS.
He said that night was the first time he fired his gun in nearly 20 years of policing, according to the AP.
Hankison was fired from the Louisville Metro Police Department for violating department procedure when he “wantonly and blindly” fired into the apartment.
The two other officers involved in the raid were not charged. Kentucky Attorney General Daniel Cameron called Taylor’s death a “tragedy” but said the two officers were justified in their use of force after having been fired upon by Walker.
(NEW YORK) — Daniel Penny “used far too much force for far too long” and though he may be an “honorable veteran” and “nice young man,” he was reckless with Jordan Neely’s life because “he didn’t recognize his humanity,” Assistant District Attorney Dafna Yoran said in her opening statement Friday during the trial over the fatal chokehold.
“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” Yoran said.
Penny is charged with manslaughter and negligent homicide in the May 2023 death of Neely, a homeless man who was acting erratically on a New York City subway car.
“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” Yoran told a rapt jury.
Neely entered a moderately crowded subway car at the Second Avenue stop and began making threats about hurting people, scaring many of the passengers, Yoran said.
She pointed at Penny as she told the jury, “This man, took it upon himself to take down Jordan Neely. To neutralize him.”
Thirty seconds later, the train arrived at the next station and all the passengers left the train car, except two men who were helping Penny restrain Neely. The prosecutor said Penny hung onto Neely for 51 seconds after Neely’s body went limp.
“By doing so, he pushed Mr. Neely to the point of no return,” Yoran said. “He left Mr. Neely lying on the floor unconscious and didn’t look back.”
Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death. His attorneys have said Neely was “insanely threatening,” but Yoran said Penny’s actions were unnecessarily reckless because he continued the chokehold for 5 minutes and 53 seconds after the subway car was empty of passengers. “A grasp that never changed,” Yoran called it.
“The defendant did not intend to kill him. His initial intent was even laudable,” Yoran said. “But under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far.”
The prosecutor told jurors they would see video of the chokehold.
“You will see Mr. Neely’s life being sucked out before your very eyes,” Yoran said, appearing to upset one of the jurors who grimaced and briefly shut his eyes.
She also said jurors would see body camera video of Penny’s initial encounter with police, four and a half minutes after letting go of Neely.
When the officer asked Penny what happened, the prosecutor said Penny replied that Neely had been threatening. “Then he said, ‘I just put him out,'” Yoran told the jury.
The defense is set to give its opening statement on Friday following a break.
Protest audible from courtroom
The sounds of a sidewalk protest over the death of Neely were audible in the 13th-floor courtroom ahead of opening statements. Protesters were heard calling Penny a “subway strangler.”
Judge Max Wiley said he would instruct jurors to ignore “noise outside the courthouse.”
Penny, in a slate blue suit, strode confidently into the courtroom and took his seat at the defense table ahead of opening statements.
The jury of seven women and five men, four of whom are people of color, will be asked to do something prosecutors concede is difficult: convict someone of an unintentional crime.
To convict, prosecutors must prove Penny’s use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.
Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
The case has fueled political narratives about urban crime and captivated a city in which the subway is indispensable.
Differing accounts of the incident
While there is no doubt that Penny’s actions led to Neely’s death on May 1, 2023, witness accounts differ regarding the events that led up to Penny applying the fatal chokehold, according to various sources.
Many witnesses reported that Neely, 30, who was homeless at the time of his death and was known to perform as a Michael Jackson impersonator, had expressed that he was homeless, hungry and thirsty, according to prosecutors. Most of the witnesses also recounted that Neely indicated a willingness to go to jail or prison.
Some witnesses also reported that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.
According to prosecution court filings, some passengers on the train that day said they didn’t feel threatened. One said they weren’t “really worried about what was going on,” while another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”
Other passengers, however, described being fearful, according to court filings. One said they “have encountered many things, but nothing that put fear into me like that,” while another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”
Neely had a documented history of mental health issues and arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.
Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station, according to court records.
“Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing objecting to Penny’s dismissal request.
According to prosecutors, footage of the interaction, which began about two minutes after the incident started, captures Penny holding Neely in the chokehold for about four minutes and 57 seconds on a relatively empty train, with a couple of passengers nearby.
Prosecutors said that about three minutes and 10 seconds into the video, Neely ceases all purposeful movement.
“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” prosecutors said.
The case is expected to feature testimony of passengers who were aboard the subway at the time, as well as a roughly six-minute video of the chokehold.
Jury to hear eyewitness statements
Before opening statements on Friday, Wiley granted a defense request to allow some of the statements that eyewitnesses to the chokehold made to police that were captured on body-worn cameras.
One witness, a Ms. Rosario, was captured on body-worn camera 15 minutes after the incident aboard the F train.
“I can see most of that statement coming in as an excited utterance,” Wiley said.
The judge declined to allow a part of her statement in which an officer is heard asking whether she thought Neely was on drugs.
A Mr. Latimer is captured a minute later and Wiley said his statement is “well within the immediacy of the event” and could be admitted.
“This person displays emotion, excitement as he’s describing what happened. It’s narrative,” Wiley said.
Most of the passengers who were aboard the train and who witnessed the event are expected to testify at trial.
Jury will see evidence that Neely did not have a weapon
The judge also previously ruled that the jury will see evidence that shows Neely was unarmed.
Penny’s defense had sought to preclude evidence or testimony about the lack of a weapon recovered from a search of Neely’s body but in a written opinion issued Thursday, Wiley said such evidence and testimony is relevant to the case.
“The fact that Mr. Neely was unarmed provides additional relevant information to aid the jury, namely, it clarifies what could have been perceived by someone in the defendant’s position,” Wiley wrote. “The possibility that a person in the defendant’s situation could have been reasonable in mistakenly believing that Mr. Neely had been armed is appropriate for consideration by the jury and well within their capability.”
The defense worried that including evidence that Neely was unarmed could bolster sympathy for the victim but Wiley said it would help the jury decide whether Penny’s actions were justified.
Penny’s lawyers and Neely’s family speak ahead of the trial
Members of Neely’s family were seated with the spectators for opening statements Friday.
“I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely,” his uncle, Christopher Neely, said before entering court.
Prosecutors in the Manhattan district attorney’s office are expected to concede that Neely may have seemed scary to some subway riders, but will argue Penny continued the chokehold well past the point where Neely stopped moving and posed any kind of threat.
Penny’s attorneys have said that they were “saddened at the loss of human life,” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the subway train.
While Penny’s defense will argue that he had no intent to kill Neely, prosecutor Steinglass has noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.
“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said earlier this year, after Penny’s request to dismiss the charge was denied.
“This case is simple. Someone got on a train and was screaming so someone else choked them to death,” Neely family attorney Donte Mills said in a past statement to ABC News. “Those two things do not and will never balance. There is no justification.”
“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” Mills added.
