Maui plaintiffs reach $4 billion global settlement following wildfire tragedy lawsuits
(MAUI, Hawaii.) — Hawaii Gov. Josh Green announced a historic $4.037 billion settlement Friday to resolve claims arising from the tragic Aug. 8, 2023, Maui wildfires that left more than 100 people dead, thousands of others displaced and homes and businesses destroyed.
The settlement addresses roughly 450 lawsuits filed by individuals, businesses, and insurance companies in both state and federal courts in connection with the fires in Lahaina and Upcountry on the island of Maui.
The settlement agreement remains subject to final documentation and court approval, according to Green’s office. Once a final settlement agreement is signed and approved following judicial and legislative review, payments are expected to start as early as mid-2025.
As of now, the governor’s office states that the agreement is conditional “on the resolution of the insurance companies’ claims that have already been paid for property loss and other damages, with no additional payments from the defendants.”
“My priority as Governor was to expedite the agreement and to avoid protracted and painful lawsuits so as many resources as possible would go to those affected by the wildfires as quickly as possible,” said Green in a Friday statement. “Settling a matter like this within a year is unprecedented, and it will be good that our people don’t have to wait to rebuild their lives as long as others have in many places that have suffered similar tragedies.”
As the community prepares to mourn those who’ve been lost one year later, the community is also still in the midst of its rebuilding, with building permits newly being issued, debris removal ongoing and some families still displaced.
The destruction from the wildfires forced Maui local officials and its residents to reckon with a slate of issues that had been plaguing the community.
The impact of tourism, climate change, lack of affordable housing and more became pivotal points in the community’s recovery effort.
“In light of the recent settlement, the County will continue working with wildfire victims and their representatives to provide services and resources throughout the recovery period,” the County of Maui said in a press release Friday evening.
“The agreement is an important first step and represents the commitment of the signatories towards reaching a final settlement that would provide compensation to those impacted by the tragic fires,” said County Corporation Counsel Victoria Takayesu. “The County remains steadfast in its commitment to rebuild Lahaina and support its community.”
(NEW YORK) — The center of Tropical Storm Ernesto passed within 40 miles from San Juan, Puerto Rico, producing strong winds and heavy rain overnight.
More than 570,000 customers were without power in Puerto Rico, according to LUMA, a service provider. The island’s eastern and central regions are the most impacted.
The storm was moving away from Puerto Rico on Wednesday morning and nearing hurricane strength with sustained winds of 70 mph. Hurricane-force winds begin at 74 mph.
The highest rainfall total recorded so far is 9.6 inches in Naguabo, Puerto Rico.
More rain is possible Wednesday morning and into early afternoon before the storm moves out of Puerto Rico.
On Culebra island, east of Puerto Rico, sustained winds of 68 mph were reported with a gust up to 86 mph. A METAR Observation Station at the Roosevelt Roads Naval Station in Puerto Rico reported sustained winds of 48 mph and a gust of 74 mph.
Tropical storm warnings were issued for Puerto Rico and a hurricane watch was in effect for the British Virgin Islands.
President Joe Biden approved an emergency declaration for Puerto Rico on Tuesday night.
Puerto Rico Gov. Pedro Pierluisi had warned residents to stay home starting on Tuesday evening, when the tropical storm-force winds are forecast to reach the island. Total rainfall could reach up to 10 inches in some spots.
A flash flood warning was issued for parts of Puerto Rico early Wednesday morning, as several inches of rain already caused flooding. Heavy rain and gusty winds will continue in Puerto Rico into the afternoon as Ernesto moves away from the island.
(FORT WALTON BEACH, Fla.) — A circuit court judge denied a former Florida deputy pre-trial release in connection with the shooting death of United States Air Force Sr. Airman Roger Fortson who was killed in his own home.
Rod Smith, the attorney for ex-deputy Eddie Duran, 38, who made his first court appearance Tuesday via Zoom, asked the court for Duran’s release until his next court appearance on Thursday at 12:30 p.m.
“I think he should be released now. We’ll be back Thursday. And there’s no reason to think – we’ve had this thing hanging over us since May,” Smith said. “We believe that he’s no risk, no flight risk. He’s going to show up there. He’s going to show up anytime.”
The state argued that Duran should not be granted pre-trial release because of a new Florida statute that requires him to stay in custody without bond as he is charged with a first-degree felony. The Okaloosa County Circuit Court judge told Duran that he would stay in jail until his next hearing.
Duran’s arrest on Monday comes after the Florida state attorney filed one count of manslaughter with a firearm against him on Friday. The charge carries a maximum sentence of 30 years.
Fortson, 23, was in his home in Fort Walton Beach, Florida, on May 3 when Duran responded to the apartment for a call reporting a domestic disturbance, according to the Okaloosa County Sheriff’s Office. Fortson was alone in the apartment at the time, police said.
In body-worn camera footage released by the sheriff’s office, Fortson is seen holding a gun in his right hand with his arm extended downward and the muzzle pointing at the floor as he opens the door in response to the deputy, who can be heard announcing twice that he’s with the sheriff’s office. The footage, reviewed by ABC News, also shows Fortson had his left hand up, palm showing, gesturing towards the deputy when he opened the door.
Duran shot Fortson within seconds of the door opening, according to the footage. Fortson died of his injuries.
The deputy said he saw Fortson armed with a gun and claimed that Fortson took a step toward the deputy and had a look of aggression in his eyes, according to an interview Duran conducted with the sheriff’s office during their subsequent investigation.
The deputy was terminated in May, according to a sheriff’s department statement obtained by ABC News.
Fortson’s girlfriend, who asked not to be identified due to fears for her safety, spoke in May to Atlanta ABC affiliate WSB-TV, telling the station her and Fortson were having a conversation on the phone about weekend plans when the shooting occurred.
“We continue to wish Mr. Fortson’s family comfort and peace, as the former deputy’s criminal case proceeds,” the Okaloosa County Sheriff’s Office previously told ABC News in a statement. “We stand by our decision to terminate Mr. Duran as a result of the administrative internal affairs investigation that found his use of force was not objectively reasonable.”
A sweep of the home did not find another person in the apartment besides Fortson, police said. In the body camera video, a woman, presumed to be a building manager, explains to the officer that someone in the building notified her of the disturbance and that she called police.
Fortson’s family said in a statement to ABC News on Friday that the charges marked a “first step towards justice” in the case.
“Nothing can ever bring Roger back, and our fight is far from over, but we are hopeful that this arrest and these charges will result in real justice for the Fortson family,” the statement said. “Let this be a reminder to law enforcement officers everywhere that they swore a solemn oath to protect and defend, and their actions have consequences, especially when it results in the loss of life.”
The state attorney’s office said it’s very limited in what it can say because there is still an ongoing investigation.
(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.