Search continues for convicted murderer after brazen escape in Central California
Carlos Avila Gonzalez/San Francisco Chronicle via Getty Images
(DELANO, Calif.) — A convicted murderer remained on the loose Tuesday and was the subject of a massive manhunt in Central California, where authorities allege he escaped from a prison van while being transferred to a courthouse.
Cesar Hernandez, who was convicted of first-degree murder in Los Angeles County in 2019 and sentenced to 25 years to life in prison, escaped Monday morning in the Central San Joaquin Valley town of Delano.
“The public should not confront this suspect as he is considered dangerous,” the California Department of Corrections and Rehabilitation (CDCR) said in a social media post Tuesday afternoon.
The CDCR released new details on 34-year-old Hernandez’s escape. Authorities said Hernandez was being driven to a court appearance at the Kern County Superior Court in downtown Delano when he escaped around 10:40 a.m. local time on Monday.
“Upon arrival, Hernandez evaded staff custody, jumped out of the van, and is currently at large,” the CDCR said in a statement.
Hernandez was last seen wearing an orange prison jumpsuit and white thermals, the CDCR said. He is described as 5-foot-5 and weighing about 161 pounds. He has black hair and brown eyes.
Hernandez was convicted of murder in Los Angeles County in 2019 and sentenced to 25 years to life with the possibility of parole for first-degree murder, a second-strike offense, according to the CDCR.
Multiple law enforcement agencies — including agents from CDCR’s Special Services Unit, the California Highway Patrol and the Delano and McFarland police departments — were continuing to search for Hernandez Tuesday afternoon in the Delano area, about 33 miles north of Bakersfield.
In a safety alert to the Central California community, authorities urged people to “report any suspicious activity or sightings immediately.”
(NEW YORK) — The family of Malcolm X, the Black resistance leader who was assassinated in 1965, has filed a $100 million lawsuit against the U.S. government, they announced Friday.
Ilyasah Shabazz, Malcolm X’s daughter, who represented her family at a New York City press conference, and her lawyers claim that they have uncovered new evidence that they believe will prove that the NYPD and FBI conspired to kill Malcolm X.
“We fought primarily for our mother, who was here,” Ilyasah Shabazz said of Betty Shabazz, who died in 1997, from the site of the former Audubon Ballroom, where her father was killed. “My mother was pregnant when she came here to see her husband speak; someone who she just admired totally and to witness this horrific assassination of her husband …”
Malcolm X was assassinated on February 21, 1965, at the age of 39. He was shot a total of 21 times by a group of men in front of his wife and daughters.
Civil rights attorney Ben Crump, who is representing the family, said that the lawsuit alleges authorities engaged in a decades-long cover-up that deprived Malcolm X and his family of justice. The suit seeks accountability for the harm caused by the alleged unlawful and unconstitutional actions of these agencies and individuals.
According to the complaint, Mustafa Hassan, a witness to Malcolm X’s killing, revealed that when he and others tried to apprehend one of the alleged shooters, it appeared to him that the NYPD officers at the scene tried to help the shooter escape.
Lawyers representing the family said that authorities never bothered to take a statement from Hassan even though it was allegedly clear that he was present during the assassination, implying that law enforcement willfully neglected to conduct a proper investigation.
Attorneys also claim to have sworn affidavits from two of Malcolm X’s former personal security guards. They were allegedly entrapped and jailed by an undercover NYPD officer a week before Malcolm X’s death to ensure the assassination was successful, according to attorneys.
The NYPD declined to comment on the allegations due to the pending litigation.
The family’s lawyers said that there were nine FBI informants in the ballroom the day Malcolm X was killed. One of the shooters was heavily connected to the FBI and received favors by authorities after the assassination, according to attorneys.
Lawyers said a New York FBI special agent sent a letter to J. Edgar Hoover, the FBI director at the time, in December 1964 calling for extra surveillance of Malcolm X’s activities, since the Black resistance activist allegedly intended to have the oppression of Black Americans brought before the United Nations. About two months later, Malcolm X was assassinated.
According to The Washington Post, The FBI’s COINTELPRO, an acronym for Counter Intelligence Program, operated in secrecy for decades as investigators surveilled organizations and individuals that they deemed a threat to American interests. Targets of the program included civil rights leader Martin Luther King Jr. and former Illinois Black Panther Party Deputy Chairman Fred Hampton.
The FBI did not immediately respond to ABC News’ request for a statement.
Muhammad Abdul Aziz and Khalil Islam were originally convicted in the murder of Malcolm X but later exonerated in the 1965 assassination. They received a $36 million settlement in October 2022 after lawsuits were filed on their behalf in 2021 against both the city and the state of New York.
New York City agreed to pay $26 million in settling a lawsuit filed on behalf of Aziz and also Islam, who was exonerated posthumously in the killing. Meanwhile, the state of New York also agreed to pay an additional $10 million.
“I’m grateful on behalf of my sisters,” Ilyasah Shabazz said. “To stand here with a competent, ethical group of experts, legal experts, as we seek justice for the assassination of our father.”
(SPRINGFIELD, Ill.) — The Illinois Supreme Court has thrown out former “Empire” actor Jussie Smollett’s conviction for lying about a 2019 hate crime.
Smollett was found guilty in 2021 for faking a racist and homophobic attack and lying to the police. His lawyers said this violated his Fifth Amendment rights because, in 2019, Cook County State’s Attorney Kim Foxx had already agreed to drop the charges if Smollett paid $10,000 and did community service. A special prosecutor later charged him again, leading to his trial and conviction.
In its decision, filed on Thursday, the court stated they are resolving a “question about the State’s responsibility to honor the agreements it makes with defendants.”
The court stated it did not find that the state could bring a second prosecution against Smollett after the initial charges were dismissed as part of an agreement and the actor performed the terms of the agreement, noting that Illinois case law establishes that it is “fundamentally unfair to allow the prosecution to renege on a deal with a defendant when the defendant has relied on the agreement to his detriment.”
“We are aware that this case has generated significant public interest and that many people were dissatisfied with the resolution of the original case and believed it to be unjust. Nevertheless, what would be more unjust than the resolution of any one criminal case would be a holding from this court that the State was not bound to honor agreements upon which people have detrimentally relied,” it said.
Among the cases cited in the court’s decision is Bill Cosby’s, whose conviction on sexual assault charges was overturned in 2021 by Pennsylvania’s highest court.
Cosby was sentenced in 2018 to three to 10 years in state prison for allegedly drugging and sexually assaulting former Temple University employee Andrea Constand in 2004. After hearing Cosby’s appeal, the Pennsylvania Supreme Court concluded that his prosecution should never have occurred due to a deal the comedian cut with former Montgomery County prosecutor Bruce Castor, who agreed not to criminally prosecute Cosby if he gave a deposition in a civil case brought against him by Constand.
While citing the Cosby case, the Illinois Supreme Court said the state “reneging on a fully executed agreement” after Smollett forfeited a $10,000 bond “would be arbitrary, unreasonable, fundamentally unfair, and a violation of the defendant’s due process rights.”
The Illinois Supreme Court’s decision cancels earlier rulings by Cook County and appellate courts. The court has now sent the case back to the lower court to officially dismiss the charges.
A jury convicted him in December 2021 on five of six felony counts of disorderly conduct stemming from him filing a false police report and lying to police, who spent more than $130,000 investigating his allegations.
He was sentenced to 150 days in county jail, ordered to pay $120,000 in restitution to the city of Chicago, fined $25,000 and ordered to serve 30 months of felony probation.
The case began after the openly gay actor told police that he was set upon by two men while walking on a street near his Chicago apartment early on Jan. 29, 2019. The attackers allegedly shouted racist and homophobic slurs before hitting him, pouring “an unknown chemical substance” on him and wrapping a rope around his neck.
Chicago police said Smollett’s story of being the victim of an attack began to unravel when investigators tracked down two men, brothers Abimbola and Olabinjo Osundairo, who they said were seen in a security video near where Smollett claimed he was assaulted and around the same time it supposedly occurred. The Osundairo brothers told police the actor paid them $3,500 to help him orchestrate and stage the crime.
In March 2019, a grand jury indicted Smollett on 16 felony counts of disorderly conduct for filing a false police report. In a stunning move, Foxx’s office dropped the charges later that month despite acknowledging Smollet fabricated the street attack on himself in an attempt to get a pay raise for his role on “Empire.” As part of an agreement with prosecutors, Smollett forfeited 10% of a $100,000 bond and preemptively completed community service prior to the charges being dropped.
The case was reopened in June 2019, when a Cook County judge appointed a special prosecutor to investigate the decision to dismiss all charges against Smollett. The actor was subsequently indicted again in February 2020 on six felony counts of disorderly conduct for making false reports to police.
(LAS VEGAS) — The suspect who drove the rented Cybertruck that exploded outside of the Trump International Hotel Las Vegas on New Year’s Day has been identified as Master Sgt. Matthew Livelsberger, a U.S. Army Special Operations soldier on leave, law enforcement sources told ABC News.
Livelsberger was killed when the truck, which was filled with fireworks-style mortars and gas canisters, exploded around 8:40 a.m. PT. Seven people suffered minor injuries, officials said.
Investigators believe the explosion was intentional, but hadn’t determined a motive or how it was detonated as of Thursday afternoon, according to sources.
As they continue their investigation into the blast, a profile of Livelsberger is emerging from the Army and people who knew him.
Livelsberger’s wife told investigators her husband had been out of their Colorado Springs, Colorado, residence since around Christmas after a dispute over allegations of infidelity and said he would not hurt anyone, an official who had been briefed on the investigation told ABC News. Livelsberger allegedly supported President-elect Donald Trump, the official said.
Livelsberger enlisted in the Army as a Special Forces candidate and served on active duty from January 2006 to March 2011 then joined the National Guard that month and served until July 2012, followed by a stint in the Army Reserve from July to December 2012, according to the spokesperson. He went back on active duty in December 2012 as a Special Operations soldier, the spokesperson said.
He was on approved leave from the Army at the time of his death, according to U.S. Army Special Operations Command.
“USASOC is in full cooperation with federal and state law enforcement agencies, but as a matter of policy, will not comment on ongoing investigations,” the spokesperson said.
Livelsberger rented the Cybertruck using the car-sharing app Turo, the same app used to rent a truck by the suspect in the New Orleans attack on New Year’s Day, though investigators said they have not established any links between the two attacks.
Livelsberger told the truck’s owner that he was going camping at the Grand Canyon, the official said.
Tesla has been cooperating with the probe and provided investigators with data and other information, the company’s owner Elon Musk said.
