‘Hold onto that hope’: Urgent search for missing after Helene continues
Destroyed houses and buildings along the Broad River in the aftermath of Hurricane Helene on Oct. 1, 2024 in Bat Cave, North Carolina. (Sean Rayford/Getty Images)
(NEW YORK) — At least 6,300 National Guard troops are racing to get aid to those in need — along with an army of volunteers — in the aftermath of Hurricane Helene as the death toll jumped to more than 160 across six states on Wednesday morning, with hundreds of people still reported missing.
New images from storm-ravaged areas are continuing to emerge on Wednesday in places like Erwin, Tennessee, where ambulances could be seen being towed away near where dozens of people were rescued from a roof of a hospital with dump trucks filled with trees and debris located nearby.
Elsewhere, in North Carolina, dramatic dashcam footage captured the moment a couple narrowly missed being swept up in a landslide in the Blue Ridge Mountains, with those landslides and flooding washing roads and bridges away and making it all but impossible to get access to some of the hardest hit areas.
“We have one suitcase, really,” North Carolina resident and Hurricane Helene survivor, Aaron Smith, told ABC News. “And so trying to figure out four people and a dog out of one suitcase, it’s the most, it’s just surreal.”
Another family in Hendersonville, North Carolina, became completely surrounded by floodwater, waiting for help in chest-high water and unable to get to dry land.
The Mirandas have been forced to use creek water to wash their clothes and have even had to find ice to keep insulin cold in coolers.
Jessica Meidinger said that she knows a witness who saw a neighbor’s house floating away down a river with them still inside — Rod Ashby was rescued Tuesday night but his wife, Kim, is still missing.
“Losing your most loved one when you had her in your arms and now you don’t there’s I don’t imagine there’s much that can compare to that,” Meidinger said. “She’s strong, she’s a breast cancer survivor. It’s hard not to hold on to that hope.”
(MEMPHIS, Tenn.) — The federal trial of three former Memphis police officers charged in connection with the January 2023 beating death of Tyre Nichols continued Monday, with the cross-examination of a Memphis Police Department (MPD) lieutenant who trained the defendants.
Kevin Whitmore, who is representing ex-officer Tadarrius Bean, cross-examined Second Lt. Larnce Wright on training methods at the police academy, noting that Wright did not train Bean in several courses, so he could not speak to what Bean was taught, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
Wright did not teach the officers how to write reports, provide medical classes for them or teach them about the duty of an officer to intervene if another officer engages in misconduct, according to WATN.
Last Thursday, Wright testified that the scenario of the initial traffic stop involving Nichols should have been low-risk, according to WATN. Wright said during the initial stop, Nichols voicing that he was trying to do what was asked should have led officers to deescalate the situation. Wright claimed officers were not following training for several reasons and described Nichols’ behavior as human nature, according to WATN.
The former officers — Bean, Demetrius Haley and Justin Smith — were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid — charges that carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
On Monday, Whitmore showed Wright several presentation slides he uses in training, which the attorney said denoted that there is no such thing as a routine traffic stop, which “could turn violent in an instant,” according to WATN.
The defense argued that training is only as good as the trainer.
Wright claimed that if a violent felony was not committed, pursuit is not allowed, according to WATN. Body-camera footage shows Nichols fled after police initially pulled him over for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him. Officers allegedly then beat Nichols minutes later. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The beating triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate Nichols was driving recklessly.
Whitmore asked Wright if an officer could have tunnel vision during an arrest, alluding to the possibility that Bean was focused on handcuffing Nichols and didn’t see what was happening to the suspect, according to WATN.
Desmond Mills Jr. and Emmitt Martin III, the two additional officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records. Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
The prosecution told ABC News in a statement Thursday that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
After the police encounter, Nichols was transferred to the hospital in critical condition where he later died. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
Michael Stengel, Haley’s attorney, officially asked for a mistrial on Friday due to the forms — known as response to resistance — that were submitted as evidence for the trial, according to WATN. The ex-officers were required to fill out these forms to explain their use of force against Nichols. Stengel argued the documents were protected by Garrity. Garrity rights protect public employees from being compelled to self-incrimination during investigative interviews conducted by their employers, according to a Tennessee attorney general legal document. Stengel argued that the response to resistance forms the ex-officers filled out could not be used as evidence to protect the ex-officers’ Garrity rights.
Judge Mark Norris decided the documentation forms do not violate the ex-officers’ Garrity rights and ruled in favor of keeping them as evidence, according to WATN. Norris said on Monday that there are 37 witness testimonies left in the trial, and that a juror has potentially been lost due to illness, according to WATN.
Martin, one of two ex-officers who plead guilty to charges connected to the death of Tyre Nichols, was called to the stand after Wright was finished with questioning. Martin began his testimony Monday, towards the end of day.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that has since been disbanded after Nichols’ death. All the officers were fired for violating MPD policies.
Sean “Diddy” Combs attends Sean “Diddy” Combs Fulfills $1 Million Pledge To Howard University At Howard Homecoming – Yardfest at Howard University on October 20, 2023 in Washington, DC. (Shareif Ziyadat/Getty Images for Sean “Diddy” Combs)
(NEW YORK) — Sean “Diddy” Combs is expected to learn Wednesday afternoon whether he will continue to be held without bail on charges including sex trafficking by force, transportation to engage in prostitution and racketeering conspiracy.
The music mogul’s attorney, Marc Agnifilo, appealed Judge Robyn Tarnofsky’s Tuesday decision to detain the 54-year-old pending trial. The appeal hearing is scheduled for 3:30 p.m. ET Wednesday.
Combs is alleged to have run an “enterprise that he engaged in sex trafficking, forced labor, kidnapping, arson and other crimes,” according to the indictment unsealed Tuesday.
Federal prosecutors said Combs “abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his conduct” from 2008 to the present. The allegations mirror 11 civil complaints filed against him since 2023.
Explaining the decision to deny Combs bail, Tarnofsky said: “My concern is that this is a crime that happens behind closed doors.”
Federal prosecutors argued that Combs poses an ongoing threat to the community.
“The defendant also poses a significant risk of obstructing justice,” prosecutors said. “During the course of the charged conduct, the defendant has attempted to bribe security staff and threatened and interfered with witnesses to his criminal conduct.”
“He has already tried to obstruct the Government’s investigation of this case, repeatedly contacting victims and witnesses and feeding them false narratives of events,” prosecutors added.
“There are simply no conditions that would ensure that the defendant’s efforts to obstruct and tamper with witnesses will stop,” prosecutors said.
Agnifilo asked the judge to release Combs on a $50 million bail package, disputing the prosecutors’ characterization of his client as a flight risk. The lawyer said Combs arrived in New York on Sept. 5 and “came here to face it.”
Agnifilo said Combs is trying to sell his private plane. Agnifilo said he took possession of his client’s passport and those of five of his relatives.
He also argued that when Combs took two trips — to a graduation party for one of his children and a whitewater rafting trip — “we told the government where he was going.”
“Trust has to be earned and we have earned it,” he told the judge.
(NEW YORK) — Melissa Lucio, the death row inmate who was convicted of capital murder in the death of her 2-year-old daughter, is speaking out in an exclusive statement and audio recording to ABC News for the first time since a judge found last month that the Texas mother who has been behind bars for nearly 17 years is “actually innocent.”
“More than words. There are truly no amount of words, no matter how eloquently spoken, that can begin to convey the thanks I feel in this moment,” Lucio said in a statement and audio recording that was shared Tuesday exclusively with ABC News by Lucio’s close friend, filmmaker Sabrina Van Tassel. “I want to thank everyone that has fought so hard. Not just for me, but more importantly for Mariah’s memory.”
Van Tassel’s 2020 Hulu documentary, “The State of Texas vs. Melissa,” propelled Lucio’s case to the national spotlight ahead of a scheduled April 2022 execution that was delayed amid public pressure for the court to review her case.
In a 62-page ruling that was signed on Oct. 16, 2024, and reviewed by ABC News, Senior State District Judge Arturo Nelson recommended that Lucio’s conviction and death sentence be overturned in the 2007 death of her daughter Mariah.
The judge found that prosecutors suppressed evidence and testimony – including statements from Lucio’s other children – that could support the argument that Lucio was not abusive and that her daughter’s death was accidental after a fall down the stairs.
“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote.
“(T)his Court concludes there is clear and convincing evidence that no rational juror could convict Applicant of capital murder or any lesser included offense,” Nelson added.
“It is safe to say I find myself still in shock and awe of everything that has transpired this past week,” Lucio said in the statement, reflecting on the judge’s recommendation.
“But this story began long before this moment and I want to thank each and every person who has played such a significant part, and not only bringing the truth to light, but fighting so very hard to do so,” she added, proceeding to thank her supporters for being instrumental in getting her execution delayed in 2022 as the court reviews her case.
Lucio thanked her attorneys at the Innocence Project, the coordinator of the “Free Melissa Lucio” campaign, Abraham Bonowitz, and namely, Van Tassel, who Lucio credits with bringing attention to her story through the documentary.
In her statement to ABC News, Lucio recounted the first time she met Van Tassel, who was working on a story about women on death row when Lucio agreed to an interview with her, and said that she “felt led” to speak to her.
“Without her tireless dedication to me and my cause, I do not believe I would be alive today. She brought worldwide attention to the system that has been sweeping issues like mine under the proverbial rug for decades and getting away with it,” she added, reflecting on the 2020 documentary.
Amid growing calls for the court to review her case in 2022, Lucio was granted a stay of her scheduled April 27, 2022, execution by the Texas Court of Criminal Appeals on April 25, 2022 – after nearly 15 years on death row.
In an exclusive statement to ABC News, Van Tassel said that in the wake of the judge’s ruling, “there is real hope that her death sentence could be overturned, paving the way for Melissa Lucio to finally walk free.”
“This possibility exceeds all my expectations, and I pray for the day we can finally hold each other in our arms,” she said.
The judge’s recommendation was sent to the Texas Court of Criminal Appeals for review.
ABC News reached out to the Cameron County District Attorney’s Office, which prosecuted this case, but a request for comment was not immediately returned.
Vanessa Potkin, director of special litigation at the Innocence Project, and one of Lucio’s attorneys, said in a statement last week that “After 16 years on death row, it’s time for the nightmare to end. Melissa should be home right now with her children and grandchildren.”
