Judge declines to reconsider criminal charges for Alec Baldwin in fatal ‘Rust’ shooting
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(SANTA FE, N.M.) A New Mexico judge has declined to reconsider criminal charges against Alec Baldwin over the fatal shooting on the set of “Rust” in October 2021.
“Because the State’s Amended Motion raises arguments previously made, and arguments that the State elected not to raise earlier, the Court does not find the Amended Motion well taken,” the decision said.
The court dismissed the state’s application to reinstate involuntary manslaughter charges that were thrown out in July after it was learned during trial that prosecutors withheld evidence from the defense, namely ammunition brought to the Santa Fe County Sheriff’s Office.
Baldwin’s attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation was “concealed” from them.
The judge in the trial, Mary Marlowe Sommer, said the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
Marlowe Sommer also issued the new ruling on Friday saying the charges would not be reconsidered for Baldwin.
“State does not raise any factual or legal arguments that would justify the grant of a motion to reconsider,” she wrote in the opinion.
Cinematographer Halyna Hutchins was killed on Oct. 21, 2021, when she was shot by Baldwin while he was practicing using a Colt .45 revolver. The prop gun, which Baldwin believed to contain dummy rounds, actually had a live round of ammunition in it. Director Joel Souza was also struck in the shooting, but recovered from his injuries.
“Rust” armorer Hannah Gutierrez was convicted of involuntary manslaughter in connection with Hutchins’ death in March. Prosecutors argued during the trial she was the source of the live bullet and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez is currently serving an 18-month prison sentence, the maximum for the offense.
Last month, Marlowe Sommer denied a motion from Gutierrez’s attorneys arguing she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State,” related to the same evidence that resulted in Baldwin’s trial being dismissed.
Marlowe Sommer also denied a separate motion from the defense seeking immediate release from detention.
The judge ruled the issues raised by the defense did not justify a new trial or dismissal, and that the state did not suppress the ammunition evidence in Gutierrez’s trial that was at the heart of Baldwin’s dismissal.
(WASHINGTON) — The Federal Aviation Administration has banned U.S. flights to Haiti for 30 days in the wake of Monday’s gunfire incidents, according to a Notice to Air Mission issued Tuesday.
“U.S. civil aviation operations in the territory and airspace of Haiti below 10,000 feet” will be prohibited, according to the FAA.
The move comes after a Spirit Airlines plane flying from Fort Lauderdale, Florida, to Haiti was diverted after it was struck by gunfire while attempting to land in Port-au-Prince, according to the the Haitian National Office of Civil Aviation.
The plane was struck by gunfire four times while attempting to land at Touissant Louverture Airport in the capital city of Port-au-Prince, OFNAC said.
The Spirit Airlines plane “diverted and landed safely in Santiago, Dominican Republic,” Spirit Airlines said in a statement Monday, adding that no passengers reported injuries and one flight attendant onboard the plane reported unspecified “minor injuries” and was undergoing medical evaluation.
The plane came within 550 feet of the runway before aborting its landing and diverting to the Dominican Republic, according to data on FlightRadar24.
The FAA on Monday had confirmed in a statement that the Spirit Airlines flight landed safely in the Dominican Republic “after the plane was reportedly damaged by gunfire while trying to land” at the Port-au-Prince airport.
On Monday, a JetBlue flight from Haiti to New York City was also hit by a bullet, the airline said in a statement to ABC News. JetBlue said it would suspend all flights to and from Haiti through Dec. 2 due to the civil unrest in the country.
ABC News’ Aicha El Hammar Castano contributed to this report.
(WASHINGTON, D.C.) — Inflation has fallen over the final months of the presidential campaign, carrying potential implications for a tight race between former President Donald Trump and Vice President Kamala Harris.
More than half of adults list inflation as a top issue for the country, making it the highest-ranking concern by a wide margin over issues like immigration, crime and abortion, according to an Ipsos poll conducted late last month.
Price increases nationwide have largely returned to normal. However, the presidential race is widely expected to hinge on the results in seven closely contested battleground states, placing importance on where inflation stands in those key locations.
An analysis by ABC News found that inflation rates vary significantly across four major cities situated in battleground states: Detroit, Michigan; Phoenix, Arizona; Atlanta, Georgia; and Philadelphia, Pennsylvania.
In each of those states, the average polling margin between the two candidates is no more than two percentage points, according to FiveThirtyEight.
Here’s what to know about what inflation looks like in swing-state cities and what that means for the election:
Detroit, Michigan
Consumer prices rose 3.5% in Detroit over the year ending in August, according to data from the U.S. Bureau of Labor Statistics (BLS). That figure stands a percentage point above the national average and marks the highest inflation rate of the four cities examined by ABC News.
The surge in prices has stemmed in large part from rapidly rising housing costs, Gabriel Ehrlich, an economist at the University of Michigan, told ABC News. The trend marks a recent turnabout from sluggish housing prices that had taken hold in the city in the aftermath of the 2008 Great Recession.
Back then, a crisis in the auto industry caused rising unemployment, an exodus from Detroit and diminishing demand for homes. As Detroit has since improved its economic performance, however, the population has begun to grow and housing prices have started to soar. Housing costs climbed 6.2% in Detroit over the year ending in August, which stands more than a percentage point higher than the national average.
Even if the improved economic performance has contributed to the rise in housing prices, that silver lining offers little solace for city residents paying high costs, Ehrlich said.
“That’s a hard sell,” he added.
Phoenix, Arizona
In Phoenix, the inflation rate clocks in at 2.3%, according to BLS data for August, the most recent month on record. That pace of price increases is slightly lower than the national average.
Like Detroit, housing prices play a significant role in the dynamic behind costs in Phoenix – but it’s for the opposite reason. Housing prices there are rising at a pace of 3.5%, well below the national average of more than 6%.
The moderate pace of current housing price increases in Phoenix marks welcome relief after a bruising stretch of skyrocketing costs, Lee McPheters, director of the JPMorgan Chase Economic Outlook Center at Arizona State University, told ABC News. Since 2017, housing prices in the Phoenix area have doubled, he added.
The price increases have slowed, however, as Phoenix has made a concerted effort to ramp up home construction and address its dearth of supply.
Phoenix is expected to build roughly 20,000 apartments in 2024, granting it the fourth-highest apartment construction rate of any U.S. city, a RentCafe study in August found. That total would amount to a 88% increase from the apartment construction rate achieved two years prior, according to the Maricopa Association of Governments.
“There’s of course been the same housing shortage issues in Phoenix that you see across the country,” McPheters said. “The difference here is that Arizona responded.”
Atlanta, Georgia
As of August, the inflation rate in Atlanta stands at 1.7%, which clocks in nearly a percentage point lower than the national average and is the lowest pace for any of the swing-state cities examined by ABC News.
Prices in Atlanta have risen at a slower pace than the national average for a range of essential products, including housing, meat, poultry, fish and eggs.
Gasoline prices have dropped nationwide over the past year but they’ve fallen even more in Atlanta. The same trend applies to the price of new and used cars, the latter of which has fallen a staggering 11% over the past year.
Philadelphia, Pennsylvania
Consumer prices in the Philadelphia area climbed 3.4% over the year ending in August, BLS data showed. The city’s inflation rate registers nearly a percentage point higher than the national average.
In Philadelphia, prices for many food and beverage products are rising faster than the national average. Over the past year, prices for meat, poultry, fish and eggs have climbed at more than twice the national average pace. Cereal and bakery products have surged 2.5% over the past year in Philadelphia, even though prices for such goods have fallen by 1% nationwide.
The prices for nonalcoholic beverages in Philadelphia have climbed more than six times faster than the national average over the past year.
Erasmus Kersting, a professor of economics at Villanova University, said the sharp increase in prices for some food items may owed to a lack of competition among grocery stores in Philadelphia. In the absence of fierce competition, grocery stores retain the latitude to raise prices without fear of a rival offering a better deal on comparable products, Kersting explained.
Two supermarket chains, Giant and ShopRite, accounted for 56% of the local grocery market in 2022, according to the Philadelphia Business Journal.
“Grocery store prices have gone up a lot,” Kersting told ABC News. “Some of this has to do with market structure. How many competitors do grocery stores have?”
(WASHINGTON) — Federal and local law enforcement and officials in Washington, D.C., are ramping up preparations to ensure a safe and peaceful transfer of power on Jan. 6, 2025, and on Inauguration Day.
In September, the Department of Homeland Security designated Jan. 6 a National Special Security Event (NSSE) and approved D.C. Mayor Muriel Bowser’s request for additional federal resources.
The District is anticipating that there will be no declared winner on election night and, “We could enter a period where we have pervasive misinformation and disinformation about the outcome of the election,” D.C. Assistant City Administrator Chris Rodrigez warned on Tuesday.
“For a period, perhaps days or weeks, where the country, and in many respects the world, will be sitting and waiting for the declared winner,” he added.
Although there are no specific threats to the city, officials are planning ahead for any and all threats, including continued pervasive misinformation and disinformation about everything ranging from COVID to political polarization and violence. They noted that social media will be the “epicenter” of false information.
Preparation for Inauguration Day began in the aftermath of the deadly Jan. 6. insurrection. Five people died during or after the attack, including four protesters and one police officer. Approximately 140 police officers were injured during the attack, according to the Department of Justice.
Bowser told ABC News that one of the biggest lessons D.C. learned was to have “better coordination among the federal branches, and that is what the National Special Security Event status provides.”
D.C. Police Chief Pam Smith told reporters on Tuesday that close to 4,000 additional law enforcement officers will be deployed to D.C. between Jan. 6 and Inauguration Day.
In addition to law enforcement, the mayor is considering an advance request to the Department of Defense for National Guard support. Normally, a state’s governor would call out the Guard, but because D.C. is not a state, it must go through DOD. However, the Capitol Police can now call up the National Guard for support without needing the Capitol Police Board’s pre-approval.
“We have also implemented changes that will hopefully ensure that we will not need to call the National Guard unless it is a last-case scenario,” Capitol Police told ABC News.
Like D.C.’s Metropolitan Police Department, U.S. Capitol Police have focused on expansion in the four years since Jan. 6. Capitol Police told ABC News that it has strengthened partnerships and coordination with local and state officials.
Capitol Police had a wave of resignations and retirements after Jan. 6, but over the past four years has hired several hundred people and now has 2,100 officers on staff. The agency also added 140 civilians to serve in various roles such as intelligence specialists, operational planners, and emergency management specialists, as well as a new Rapid Response Team.
A source familiar with security planning told ABC News to expect a security footprint similar to that of the State of the Union or the recent NATO Summit in Washington in July.
However, officials are prepared for any and all threats, noting it is a “fluid, unpredictable security environment,” which includes extremist groups and the potential for civil unrest.
“If you see something, say something” noting that the pipe bombs found at the Republican National Committee and the Democratic National Committee headquarters were placed the night before the insurrection “most likely to distract law enforcement,” Rodrigez urged residents.
Bowser told the council to anticipate robust fencing around the Capitol from Jan. 6 until Jan. 21.
She also noted that if Vice President Kamala Harris wins the presidential election, the city’s challenges will differ from a win by former President Donald Trump.
The mayor said in the event of a Harris win, “The issue is probably a million people will be here who are celebrating and who are in good spirits, and that also presents its challenges to make sure everybody can do it safely.”
“I think that the United States Capitol Police are prepared to ensure a peaceful transfer of power at the Capitol, regardless of the victor,” she added, noting that her team has experience handling large-scale historic inaugurations, including former President Barack Obama’s election.
