New trial date set for Ralph Yarl shooting suspect pending mental health evaluation
(KANSAS CITY, Mo.) — Andrew Lester, the man charged in the April 2023 shooting of Ralph Yarl after the teenager mistakenly went to the wrong house, got a new trial date on Tuesday, pending the outcome of a mental health evaluation, ABC’s Kansas City affiliate KMBC reported.
A Clay County judge rescheduled Lester’s trial, which was initially set for Oct. 7, to begin on Feb. 18, 2025, according to KMBC.
Prior to Tuesday’s hearing, Lester’s trial had been delayed indefinitely after the judge ordered on Sept. 9 that Lester undergo a mental health check to determine if he is fit to stand trial in response to a motion filed by Lester’s attorney Steven Salmon.
Salmon filed a motion in the Clay County Circuit Court on Aug. 27, requesting a mental evaluation to determine if Lester is fit to stand trial, according to court documents obtained by ABC News, where he claimed that Lester is facing health conditions that could impair his ability to understand legal proceedings or assist in his defense at trial.
The judge said on Tuesday that Lester’s mental evaluation must be complete by Nov. 9 and his next hearing was set for Nov. 26, according to KMBC.
ABC News reached out to Lester’s attorney but a request for comment was not immediately returned.
Lester, a white man, was charged with one count of felony assault in the first-degree and one count of armed criminal action, also a felony, in the shooting of Yarl, a Black teenager who mistakenly went to Lester’s Kansas City home after arriving at the wrong address to pick up his twin brothers from a play date. Lester pleaded not guilty in April 2023 and was released on a $200,000 bond.
Yarl was shot in the head and in the right arm on the evening of April 13, 2023, by Lester, according to police. The 18-year-old suffered a traumatic brain injury, his family previously told ABC News.
Exclusive: Ralph Yarl, teen shot after mistakenly going to the wrong house, seeks ‘justice’ in civil lawsuit
According to court documents, Salmon said in the motion that Lester has lost more than 50 pounds, experienced issues with his memory and has exhibited confusion surrounding the details of the case.
“Over the course of this case, Counsel has noticed a significant decline in Defendant’s overall physical health, as well as his mental acuity,” Salmon said in the motion. “The frailty of Defendant’s physical health has, in part, been because of a broken hip, heart issues and hospitalization he has suffered during the pendency of this matter.”
Salmon also noted that Lester has faced “stress” due to “overwhelming media attention, as well as death threats and other unwanted attention, making it difficult for him to interact socially with anyone.”
“The goal of the judicial system is never to hold white offenders accountable for the crimes committed against people of color,” Yarl’s mother, Cleo Nagbe, told ABC News in a statement on Sept. 9 after the trial was delayed indefinitely. “So, we wait to be proven wrong this time around, especially with a victim like Ralph.”
Andrew Lester, suspect in Ralph Yarl shooting, to undergo mental health check, judge rules
The trial was initially set after a Clay County judge ruled during an August 2023 preliminary hearing that there was enough probable cause that a felony has been committed.
“The binding over of a defendant from a preliminary hearing is fairly normal. The prosecutor simply needs to provide probable cause to bind the case over,” Salmon told ABC News after the August 2023 ruling.
(NEW YORK) — Ernesto was upgraded to a Category 1 hurricane on Sunday night, with the National Hurricane Center warning of dangerous conditions for East Coast beaches.
The hurricane — which over the past week has caused major power outages and flooding in Puerto Rico and Bermuda — is out over the Atlantic, with maximum sustained winds up to 75 mph.
The NHC expects Ernesto to cross southeastern Newfoundland late Monday into Tuesday morning.
Ernesto is the fifth named storm and the third hurricane of this year’s Atlantic season. It made landfall in Bermuda early on Saturday, dumping 7 to 9 inches of rain and flooding parts of the island. The British Overseas Territory avoided major damage, and Ernesto is now some 200 miles northeast of Bermuda.
High surf and life-threatening rip currents are still anticipated over the next couple of days along the U.S. East Coast.
The entire Atlantic coast from Florida to Maine is under a high-risk rip current alert on Sunday.
“Life-threatening surf and rip current conditions are likely,” the National Hurricane Center warned, “which means life-threatening rip currents are likely, and dangerous for all levels of swimmers.”
(SAN ANTONIO) — The main gate to U.S. Air Force Joint Base San Antonio-Lackland has reopened after an off-base shooting incident early Saturday.
Guards at the gate discharged their weapons in the incident, but there was no active threat to the base and no one from the base sustained any injuries, according to an official.
“The incident involved unidentified members in a sedan shooting at members of JBSA security forces team while performing duties at Chapman Annex Gate,” Air Base Wing Public Affairs said in a statement.
“We can confirm that it was an off-base incident at the JBSA-Chapman Training Annex main gate that prompted a response from our security forces. There was no active threat to the installation. We did not sustain any injuries. We’re working to confirm some other details,” an official told ABC News earlier Saturday.
The San Antonio Police Department is leading the investigation into what officials called an “aggravated assault.”
This is a developing story. Please check back for updates.
(MEMPHIS, Tenn.) — A former Memphis police officer testified Thursday at the federal trial of three ex-officers facing charges related to the January 2023 beating death of Tyre Nichols that he believes he panicked during the encounter.
“I lost my composure,” Desmond Mills Jr., who pleaded guilty to charges connected to the beating death of Nichols, said when he was asked about accidentally pepper-spraying himself during the encounter, according to WATN, the ABC affiliate in Memphis covering the case in the courtroom. “I felt like I was panicking.”
Justin Smith, Demetrius Haley and Tadarrius Bean 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. These charges 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.
Mills and Emmitt Martin III, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
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.
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.
On Wednesday, Mills reiterated his testimony from the day before that he was angry he sprayed himself with pepper spray, and therefore used excessive force on Nichols, according to WATN.
“I was angry because I just [pepper] sprayed myself in the face,” Mills said on Tuesday, according to WATN. “I didn’t give him a chance to give me his hands.”
Judge Mark Norris told the jury on Wednesday to disregard the emotional part of Mills’ Tuesday testimony, when Mills was asked who used excessive force in the police body camera footage from the night of Nichols’ beating, according to WATN. Mills did not answer the direct question, instead breaking down in tears on the stand.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” said Mills, who cried during his testimony, according to WATN. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know ‘sorry’ won’t bring him back, but I pray his child has everything he needs growing up.”
“We’re praying for everyone involved,” Ben Crump, the civil rights attorney representing the Nichols’ family, said during a prayer vigil Wednesday morning outside the courthouse when asked for his response regarding Mills’ emotional testimony.
Crump said this trial was one of the most emotional trials he has ever attended, a sentiment shared by Antonio Romanucci, his co-counsel.
“In my career, which is now over 40 years,” Romanucci said, “I have never seen such testimony as I did yesterday — police officer who had such contrition,” Romanucci said. “[Former] Officer Mills, without knowing it, just talked about why we’re here, and that’s for accountability.”
The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
“The first time I watched the video with my attorney, I couldn’t hold it anymore,” Mills said on Thursday when the prosecution asked him why he pleaded guilty, according to WATN. “I want to make it right.”
Mills agreed with Martin Zummach, Smith’s attorney, during cross-examination on Thursday when he asked if the handcuffs, which were secured to one of Nichols’ wrists at one point during the encounter, could be considered a deadly weapon and could lead to deadly force being authorized by police, according to WATN. The ex-officer also consented that “necessary force” can be very ugly and violent.
Defense attorneys asked Mills on Wednesday about the use of his baton on Nichols, which Mills said on Tuesday he used to hit Nichols three times the night of their encounter, according to WATN.
Mills claimed that he didn’t use the baton to hit Nichols in the head, but admitted that he used it improperly since it’s only meant to be used in self-defense, according to WATN. He said it was the first time he ever used his baton or used excessive force on a suspect.
Mills noted that the use of his baton was not because verbal commands weren’t working on Nichols when asked by the defense, according to WATN.
Mills disagreed with Bean’s attorney when he asked Mills if he was the only one who could intervene to stop the beating, since Mills didn’t have his hands on Nichols that night, according to WATN. The ex-officer claimed that the other officers could have moved Nichols away from the strikes and punches while they held his hands.
Mills admitted to the defense that the reason he changed his statement about what happened that night was because he took a plea deal from prosecutors, according to WATN. He said he lied in earlier statements.
Mills told prosecutors that when he told Lt. Dewayne Smith, his former supervisor, that the arrest was done “by the book,” he only said that to hide what really happened, according to WATN. The ex-officer claimed that there was a mutual understanding that their off-camera conversations would go unreported.
“I needed this job for my wife and kids,” Mills said when the prosecution asked why he was not initially truthful about the encounter. “This job has good insurance. I have children with special needs. I needed this job for my family. I let them down.”
Mills was asked about response to resistance forms from the incident, stating they weren’t accurate and that Nichols, “was not aggressive at all,” according to WATN.
Mills said that Haley asked him if Mills’ body camera captured him during the encounter with Nichols.
“I hope I’m not on there,” Mills said Haley told him.
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.
“I was going along, either way, [with] the cover-up,” Mills said. “Hoping for the best that Mr. Nichols would survive and this whole thing would blow over.”
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
After the police encounter, Nichols was transferred to the hospital in critical condition. 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.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
“As an officer, I respond to scenes where the victim looks like Mr. Nichols [did after he was beaten],” Mills said. “This was the first time I was a part of it.”
Mills’ cross-examination ended Thursday, according to WATN.
ABC News’ Deena Zaru and Sabina Ghebremedhin contributed to this report.