NY poultry markets shut down as a precaution over bird flu
Costfoto/NurPhoto via Getty Images
(NEW YORK) — Live bird markets in New York City, Long Island and Westchester County will be shut down for a week after seven cases of avian flu in poultry were found at live bird markets in Brooklyn, the Bronx and Queens, state officials said Friday.
The cases were discovered during routine inspections. All infected flocks will be depopulated, officials said.
The state stressed the shutdowns are prudent steps. New York Gov. Kathy Hochul noted that avian flu does not pose a public health threat.
The order requires those markets to sell down all inventory, complete cleaning and disinfection procedures and remain closed for a period of five days after cleaning and disinfection.
There are no human cases of avian influenza, and the threat to the public is low.
Cases of bird flu have increased among animals — including dairy cows, wild birds, poultry and even pet cats.
On Wednesday, a second type of bird flu was found in dairy cows for the first time, the U.S. Department of Agriculture announced.
The number of birds affected by the virus has been rising in recent months, with roughly 7 million affected in November, 18 million in December, and 23 million in January, according to the latest figures from the U.S. Department of Agriculture.
ABC News’ Mary Kekatos contributed to this report.
(NEW YORK) — A Manhattan jury found Daniel Penny not guilty in the chokehold death of Jordan Neely, following nearly a week of deliberations.
Penny, a former Marine and architecture student, was initially charged with manslaughter and negligent homicide. Prosecutors alleged that Penny killed Neely, a 30-year-old homeless man who had previously been a Michael Jackson impersonator, when he placed him in a six-minute-long chokehold on a subway car in May 2023, holding Neely for at least 51 seconds after his body went limp. The city’s medical examiner concluded Penny’s chokehold killed Neely.
The defense told jurors that Penny “acted to save” subway passengers from a “violent and desperate” Neely, who was acting erratically, and that Penny continued to hold on because he feared Neely would break free, though he didn’t intend to kill Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
The jury deliberated for more than 24 hours across five days before acquitting Penny of criminally negligent homicide on Monday. They were previously deadlocked on the more serious charge of second-degree manslaughter, which Judge Maxwell Wiley dismissed on Friday at the request of prosecutors.
Penny pleaded not guilty to both charges.
The jury submitted several questions to the court during the course of their deliberations, giving some insight into their thinking.
Day 1
A little more than an hour after beginning deliberations, the jury on Tuesday asked for a readback of a portion of the judge’s instructions on the law. The jury was interested in the part about justified use of force.
Day 2
The jury asked to see key videos shown during the trial — police body camera footage, Penny’s interrogation video and a bystander’s video on Wednesday.
Later that day, the jury asked for a readback of testimony. The jury wanted to hear part of the cross-examination of the city medical examiner who concluded Penny’s chokehold killed Neely. Dr. Cynthia Harris, who was the final witness for the prosecution during the trial, determined that Neely died from compression to the neck.
During an intense cross-examination, Harris had pushed back against the defense suggestion that the public sentiment surrounding the trial influenced her conclusion that “there are no alternative reasonable explanations” for Neely’s death other than Penny’s chokehold.
“No toxicological result imaginable was going to change my opinion,” she testified.
Day 3
The jury heard more testimony read back from the cross-examination of Harris.
The jury subsequently requested to see two bystander videos capturing the moments when Penny placed Neely in a chokehold. The jury had already requested one of the two bystander videos the previous day.
Wiley allowed the jury to access a laptop with the videos so they could watch the requested videos as many times as they’d like.
Later that day, the jury requested the definitions of criminal negligence and recklessness.
“We the jury request that Judge Wiley read the definition of recklessness and negligence. Please read it more than once,” the note read. “Could the jury have the definitions in writing?”
The jury was considering two counts – second-degree manslaughter, which carries a maximum 15-year sentence, and criminally negligent homicide, which has a four-year maximum. To convict Penny of manslaughter, the jury must be convinced Penny acted recklessly and grossly deviated from how a reasonable person would behave knowing the risk his conduct posed.
Day 4
The jury told the judge on Friday they were “unable to come to a unanimous vote” on whether Penny committed manslaughter.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
The verdict form asked the jury to decide the first count — second-degree manslaughter — before potentially moving to the second count of criminally negligent homicide. Only if they found Penny not guilty on the first count could they consider the second count.
About 20 minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.
“Ultimately what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.
“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.
Several hours later, Wiley dismissed the top charge of second-degree manslaughter at the request of prosecutors.
The judge encouraged the jury to continue deliberating on Monday the lesser charge of whether Penny committed criminally negligent homicide.
Day 5
The jury announced Monday morning they had reached a unanimous decision on count two — finding Penny not guilty of criminally negligent homicide.
The courtroom broke out in a mix of cheers, clapping, and jeers as soon as the verdict was read.
Neely’s father cursed in anger shortly after the verdict and was forcibly removed from the courtroom by a court officer. Others in the gallery shouted, and one woman broke down in tears.
Penny, walking out of the courtroom, flashed a brief smile before returning to his stone-faced demeanor. His lawyers embraced one another while seated at the counsel table.
Manhattan District Attorney Alvin Bragg, whose office prosecuted the case, thanked the jury and vowed to respect their verdict.
“The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict,” he said in a statement.
(NEW YORK) — A man was nearly electrocuted to death after being hired to hang Christmas lights on a large tree in Massachusetts, police said.
The incident occurred on Wednesday at approximately 10 a.m. when the Wellesley Police Emergency Communications Center received a 911 call reporting a man had possibly been electrocuted on Falmouth Circle in Wellesley, according to a statement from the Wellesley Police Department.
“The victim, a contractor hired by a resident, was installing holiday lights on a large tree using a pole,” authorities said. “It appears that the pole being used came into close proximity, or contact with, a primary electrical line on a utility pole. The victim appears to have then received a life-threatening electrical shock.”
The man who suffered the electric shock immediately fell unconscious, appeared to be having a seizure and had stopped breathing, police said.
The Wellesley Police Dispatcher subsequently provided the person who called the emergency services CPR instructions and the caller administered CPR until officers arrived on scene a few moments later.
“Wellesley Police Officers Tim Gover, Mike Pino, and Scott Whittemore were the first emergency responders to arrive on scene and observed that the victim appeared to be in sudden cardiac arrest,” police said. “A co-worker of the victim was performing chest compressions as instructed by Wellesley Police Dispatchers. Wellesley Police Officers took over CPR and began to clear the area, as the actual cause of the electrocution was unknown at the time.”
Emergency responders then used a defibrillator on the victim while continuing to provide CPR. Multiple shocks were given to the man until he was revived and regained a pulse, police said.
“The victim was transported to Newton Wellesley Hospital by Needham Fire,” according to the Wellesley Police Department. “The victim was initially treated at Newton Wellesley Hospital, and then transferred to the Massachusetts General Hospital.”
Wellesley Police Detectives conducted an investigation and determined that the large pole the man was using to string the holiday lights came into close proximity, or actual contact with, a primary electrical line on the top of the utility pole and he was electrocuted when contact was made.
“The Occupational Safety and Health Administration (OSHA) was contacted per departmental policy to investigate,” police said. “OSHA investigators responded to the scene and are working with the WMLP and Wellesley Police. The Wellesley Police, Fire, and WMLP Departments extend our thoughts and prayers to the victim and his family during this tragic incident.”
The incident is currently under investigation and no further information is available at this time.
(NEW YORK) — Luigi Mangione on Monday pleaded not guilty to state murder and terror charges in the fatal shooting of UnitedHealthcare CEO Brian Thompson.
The 26-year-old Mangione entered the Manhattan courtroom in shackles and under heavy guard. He was dressed in civilian clothes, wearing a maroon sweater over a light-colored shirt.
He pleaded not guilty to 11 charges, including first-degree murder in furtherance of terrorism. Judge Gregory Carro presided over the arraignment.
A Manhattan grand jury upgraded charges against Mangione last week to include first-degree murder in furtherance of terrorism.
He is also charged in New York with two counts of second-degree murder, one of which is charged as killing as an act of terrorism; two counts of criminal possession of a weapon in the second degree; four counts of criminal possession of a weapon in the third degree; one count of criminal possession of a weapon in the fourth degree; and one count of criminal possession of a forged instrument in the second degree.
He faces a maximum sentence of life in prison without parole if convicted of the state charges.
There is also a federal case against Mangione. One of the charges, murder through use of a firearm, would make Mangione eligible for the death penalty if he’s convicted.
Both cases are in addition to the charges brought against Mangione in Pennsylvania, where he was arrested and where he faces charges including forgery and possession of an unlicensed firearm.
Mangione was transported to New York on Dec. 19 after waiving his right to an extradition hearing that morning in court in Blair County, Pennsylvania.
Upon his arrival in New York, Mangione was placed under arrest by federal authorities.
Defense attorney Karen Friedman Agnifilo said Mangione would not initially contest pretrial detention, and he was taken into police custody.
Mangione then made his initial appearance in Manhattan federal court the same day, hours after the unsealing of a criminal complaint charging him with stalking and murdering Brian Thompson. He did not enter a plea.
Agnifilo said her client was prepared to appear in state court and said the federal charges were sprung on them.
“This is a highly unusual situation we find ourselves in,” Agnifilo said. “I have never seen anything like that.”
She said the theories of the two cases appear to be in conflict, noting the state case accused Mangione of terrorizing a group of people while the federal case accused him of stalking an individual.
The judge told the parties to confer.
Danielle Filson, a spokesperson for Manhattan District Attorney Alvin Bragg, said this week that “the state case will proceed in parallel with any federal case.”
Mangione’s next scheduled court date for his federal case is Jan. 18.
