American Airlines flight diverts to JFK after apparent bird strike damages engine
DuKai photographer/Getty Images
(NEW YORK) — An American Airlines flight departing New York’s LaGuardia Airport on Thursday evening had to divert to nearby John F. Kennedy International shortly after takeoff after a reported bird strike caused damage to one of the aircraft’s engines.
The aircraft, powered by its second engine, landed safely and without incident shortly after 8 p.m., the Port Authority New York and New Jersey said. There were no reported injuries.
“The aircraft landed safely at JFK where it will be inspected by our maintenance team,” American said in a statement. “We are grateful to our crew for their professionalism and apologize to our customers for the inconvenience this may have caused.”
Charlotte, North Carolina-bound flight 1722 had 190 passengers and six crew members on board. The aircraft was an Airbus A321. Passengers were expected to board another flight to Charlotte on Friday morning.
(NEW YORK) — Daniel Penny “used far too much force for far too long” and though he may be an “honorable veteran” and “nice young man,” he was reckless with Jordan Neely’s life because “he didn’t recognize his humanity,” Assistant District Attorney Dafna Yoran said in her opening statement Friday during the trial over the fatal chokehold.
“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” Yoran said.
Penny is charged with manslaughter and negligent homicide in the May 2023 death of Neely, a homeless man who was acting erratically on a New York City subway car.
“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” Yoran told a rapt jury.
Neely entered a moderately crowded subway car at the Second Avenue stop and began making threats about hurting people, scaring many of the passengers, Yoran said.
She pointed at Penny as she told the jury, “This man, took it upon himself to take down Jordan Neely. To neutralize him.”
Thirty seconds later, the train arrived at the next station and all the passengers left the train car, except two men who were helping Penny restrain Neely. The prosecutor said Penny hung onto Neely for 51 seconds after Neely’s body went limp.
“By doing so, he pushed Mr. Neely to the point of no return,” Yoran said. “He left Mr. Neely lying on the floor unconscious and didn’t look back.”
Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death. His attorneys have said Neely was “insanely threatening,” but Yoran said Penny’s actions were unnecessarily reckless because he continued the chokehold for 5 minutes and 53 seconds after the subway car was empty of passengers. “A grasp that never changed,” Yoran called it.
“The defendant did not intend to kill him. His initial intent was even laudable,” Yoran said. “But under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far.”
The prosecutor told jurors they would see video of the chokehold.
“You will see Mr. Neely’s life being sucked out before your very eyes,” Yoran said, appearing to upset one of the jurors who grimaced and briefly shut his eyes.
She also said jurors would see body camera video of Penny’s initial encounter with police, four and a half minutes after letting go of Neely.
When the officer asked Penny what happened, the prosecutor said Penny replied that Neely had been threatening. “Then he said, ‘I just put him out,'” Yoran told the jury.
The defense is set to give its opening statement on Friday following a break.
Protest audible from courtroom
The sounds of a sidewalk protest over the death of Neely were audible in the 13th-floor courtroom ahead of opening statements. Protesters were heard calling Penny a “subway strangler.”
Judge Max Wiley said he would instruct jurors to ignore “noise outside the courthouse.”
Penny, in a slate blue suit, strode confidently into the courtroom and took his seat at the defense table ahead of opening statements.
The jury of seven women and five men, four of whom are people of color, will be asked to do something prosecutors concede is difficult: convict someone of an unintentional crime.
To convict, prosecutors must prove Penny’s use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.
Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
The case has fueled political narratives about urban crime and captivated a city in which the subway is indispensable.
Differing accounts of the incident
While there is no doubt that Penny’s actions led to Neely’s death on May 1, 2023, witness accounts differ regarding the events that led up to Penny applying the fatal chokehold, according to various sources.
Many witnesses reported that Neely, 30, who was homeless at the time of his death and was known to perform as a Michael Jackson impersonator, had expressed that he was homeless, hungry and thirsty, according to prosecutors. Most of the witnesses also recounted that Neely indicated a willingness to go to jail or prison.
Some witnesses also reported that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.
According to prosecution court filings, some passengers on the train that day said they didn’t feel threatened. One said they weren’t “really worried about what was going on,” while another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”
Other passengers, however, described being fearful, according to court filings. One said they “have encountered many things, but nothing that put fear into me like that,” while another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”
Neely had a documented history of mental health issues and arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.
Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station, according to court records.
“Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing objecting to Penny’s dismissal request.
According to prosecutors, footage of the interaction, which began about two minutes after the incident started, captures Penny holding Neely in the chokehold for about four minutes and 57 seconds on a relatively empty train, with a couple of passengers nearby.
Prosecutors said that about three minutes and 10 seconds into the video, Neely ceases all purposeful movement.
“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” prosecutors said.
The case is expected to feature testimony of passengers who were aboard the subway at the time, as well as a roughly six-minute video of the chokehold.
Jury to hear eyewitness statements
Before opening statements on Friday, Wiley granted a defense request to allow some of the statements that eyewitnesses to the chokehold made to police that were captured on body-worn cameras.
One witness, a Ms. Rosario, was captured on body-worn camera 15 minutes after the incident aboard the F train.
“I can see most of that statement coming in as an excited utterance,” Wiley said.
The judge declined to allow a part of her statement in which an officer is heard asking whether she thought Neely was on drugs.
A Mr. Latimer is captured a minute later and Wiley said his statement is “well within the immediacy of the event” and could be admitted.
“This person displays emotion, excitement as he’s describing what happened. It’s narrative,” Wiley said.
Most of the passengers who were aboard the train and who witnessed the event are expected to testify at trial.
Jury will see evidence that Neely did not have a weapon
The judge also previously ruled that the jury will see evidence that shows Neely was unarmed.
Penny’s defense had sought to preclude evidence or testimony about the lack of a weapon recovered from a search of Neely’s body but in a written opinion issued Thursday, Wiley said such evidence and testimony is relevant to the case.
“The fact that Mr. Neely was unarmed provides additional relevant information to aid the jury, namely, it clarifies what could have been perceived by someone in the defendant’s position,” Wiley wrote. “The possibility that a person in the defendant’s situation could have been reasonable in mistakenly believing that Mr. Neely had been armed is appropriate for consideration by the jury and well within their capability.”
The defense worried that including evidence that Neely was unarmed could bolster sympathy for the victim but Wiley said it would help the jury decide whether Penny’s actions were justified.
Penny’s lawyers and Neely’s family speak ahead of the trial
Members of Neely’s family were seated with the spectators for opening statements Friday.
“I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely,” his uncle, Christopher Neely, said before entering court.
Prosecutors in the Manhattan district attorney’s office are expected to concede that Neely may have seemed scary to some subway riders, but will argue Penny continued the chokehold well past the point where Neely stopped moving and posed any kind of threat.
Penny’s attorneys have said that they were “saddened at the loss of human life,” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the subway train.
While Penny’s defense will argue that he had no intent to kill Neely, prosecutor Steinglass has noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.
“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said earlier this year, after Penny’s request to dismiss the charge was denied.
“This case is simple. Someone got on a train and was screaming so someone else choked them to death,” Neely family attorney Donte Mills said in a past statement to ABC News. “Those two things do not and will never balance. There is no justification.”
“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” Mills added.
In these booking photos taken Oct. 10, 2024, Erik and Lyle Menendez are shown. Via CRDC.
(LOS ANGELES) — The Los Angeles County district attorney met with the Menendez brothers’ relatives on Friday, but said he is still reviewing the facts in the case and hasn’t yet decided if he’s in support of the brothers’ bid for freedom.
LA County District Attorney Nathan Hochman said that when he came into office on Dec. 3, he promised to review all the facts in Erik and Lyle Menendez’s case. He said that effort has involved reviewing thousands of pages of confidential prison records, trial transcripts, speaking to all the prosecutors and defense attorneys involved and reviewing court filings.
Hochman said that effort continues, noting that he’s not finished reviewing all the prison files from the brothers’ decades behind bars.
Over 20 Menendez relatives met with Hochman on Friday in their continued push for the brothers’ release from prison.
Hochman described the conversation as “very productive” and “in some ways, an informal, off-the-record discussion.”
“They gave me all their thoughts about what should happen, their experiences they wanted to share, the ultimate direction they wanted this case to go,” he said.
Hochman did not reveal the details of the conversation.
In a brief address to reporters, Anamaria Baralt, cousin of the Menendez brothers, spoke out after the family’s meeting with Hochman Friday afternoon.
“We did have a meeting with the district attorney and we’re grateful for his time,” she said in a statement. “I want to reiterate our position as a family and as the victims’ families that this 35-year process has been incredibly traumatizing for us as I’m sure that you can all imagine.”
She said she the family was hoping to see an immediate release of the brothers, saying that going before a parole board “will only serve to re-traumatize us.”
The previous district attorney, George Gascón, announced in October that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.
The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison, and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
Weeks after Gascón’s announcement, he lost his race for reelection to Hochman.
Erik and Lyle Menendez next appear in court for a hearing in the resentencing case on Jan. 30 and Jan. 31.
This comes on the heels of an attorney for the brothers petitioning to move the case from the DA’s office to the California Attorney General’s Office, claiming a conflict of interest between Hochman and Kathleen Cady, whom Hoch just appointed director of the department’s Bureau of Victim Services.
Cady recently resigned as attorney for Milton Anderson, the one Menendez relative who has been pushing to keep the brothers in prison.
Hochman said Friday that Cady is “walled off from the Menendez case.”
Lyle and Erik Menendez were convicted in 1996 of the 1989 murders of their parents, Jose and Kitty Menendez, who they gunned down in the family’s Beverly Hills home.
The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, but prosecutors alleged they killed for money.
Lyle and Erik Menendez, who were 21 and 18 at the time of the crime, respectively, were sentenced to two consecutive life prison terms without the possibility of parole.
Besides the resentencing, the brothers have been pursuing two other paths to freedom.
In 2023, the brothers filed a habeas corpus petition for a review of new evidence not presented at trial.
They also submitted a request for clemency to California Gov. Gavin Newsom. In November, Newsom said he’d defer to Hochman’s “review and analysis of the Menendez case prior to making any clemency decisions.”
ABC News’ Amanda M. Morris contributed to this report.
(LOS ANGELES) — As strong winds in Southern California pick up further early on Tuesday, a “particularly dangerous situation” with a red flag warning will go into effect in western Los Angeles County and most of Ventura County, weather officials said.
The warning begins at 4 a.m. local time. Winds are forecast to gust between 45 mph to 70 mph, with relative humidity as low as 8%.
Those strong winds and dry conditions are likely continue to fuel the historic wildfires raging in Southern California.
The largest, the Palisades Fire, has spread by late Monday to almost 24,000 acres with only 14% containment, according to the California Department of Forestry and Fire Protection.
Thousands of firefighters are battling the blazes across 45 square miles of densely populated Los Angeles County.
Winds overnight and early on Tuesday have been gusting up to 67 mph in the mountains near Los Angeles. The West San Gabriel Mountains have seen gusts up to 67 mph, with the Central Ventura County Valley hit about 66 mph.
On Tuesday and Wednesday, the gusty Santa Ana winds will come in periods.
The strongest gusts are expected Tuesday morning and early afternoon, which will then be followed by a break in the evening. More gusty winds are expected Wednesday morning.
It has been so dry that any spark could produce major fire that would grow explosively. The weather in Los Angeles last year and early this year has been the second-driest water year on record to date. Water years are recorded from Oct. 1 to Sept. 2, with records going back to 1877.
After Wednesday, winds will begin to calm down and by Friday and Saturday humidity will come up a bit. There a very small chance for a rain shower Friday into Saturday across southern California.
