At least 2 killed, 6 injured in Orlando Halloween night shooting
kali9/Getty Images
(ORLANDO, Fla.) — At least two people are dead and six others have been injured in a Halloween night shooting in downtown Orlando, police said.
Police in Orlando, Florida, first received reports of a shooting at around 1 a.m. and immediately responded to the scene, the Orland Police said in an early morning press conference on Friday morning.
Authorities confirmed that at least two people were killed and six others have been injured in the shooting and that a 17-year-old suspect was taken into custody.
The victims were taken to hospital and range in age from 19 to 39, according to the Orlando Police Department.
Authorities also said there were approximately 100 officers working the downtown area at the time of the shooting.
This is a developing story. Please check back for updates.
Andrew Savulich/New York Daily News/Tribune News Service via Getty Images, FILE
(NEW YORK) — Opening statements will begin Friday in the trial of subway rider Daniel Penny charged in the May 2023 choking death of Jordan Neely, a homeless man, in a New York City subway car.
The jury was seated Wednesday. The trial is expected to last between four and six weeks, according to Judge Max Wiley.
Penny, a former Marine, has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in Neely’s death.
Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
Penny put Neely, 30, in a fatal chokehold “that lasted approximately 6 minutes and continued well past the point at which Mr. Neely had stopped purposeful movement,” prosecutors with the Manhattan District Attorney’s Office have said.
Penny’s attorneys said 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 F train in Manhattan.
Witness accounts differ on Neely’s behavior on the train, prosecutors say.
They note that many witnesses relayed that Neely expressed that he was homeless, hungry and thirsty, and most of the witnesses recount that Neely indicated a willingness to go to jail or prison.
Some witnesses report that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Some witnesses told police that Neely was yelling and harassing passengers on the train; however, others have said though Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, police sources also told ABC News following the incident.
Some passengers on the train that day said they didn’t feel threatened — one “wasn’t really worried about what was going on” and 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,” according to court filings by the prosecution.
Other passengers described their fear in court filings. One passenger said they “have encountered many things, but nothing that put fear into me like that.” Another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”
Neely, who was homeless at the time of his death, had a documented mental health history and a history of 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: “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 against Penny’s dismissal request.
According to prosecutors, footage of the interaction, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.
Prosecutors said that about 3 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,'” the prosecutor said.
The defense argued Penny had no intent to kill, but Steinglass 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 after Penny’s request to dismiss the charge was denied.
In a past statement to ABC News, an attorney representing Neely’s family said, “This case is simple. Someone got on a train and was screaming so someone else choked them to death. 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,” attorney Donte Mills said.
(LOS ANGELES) — NThe attorney for Lyle and Erik Menendez said he thinks the brothers are “cautiously optimistic that they can see some real relief” after the Los Angeles County district attorney announced he’s recommending resentencing.
Mark Geragos told ABC News’ “Good Morning America” that his goal is to have the brothers home for Thanksgiving.
While district attorney George Gascón said he hopes to get a hearing on the docket within the next 30 to 45 days, Geragos said he thinks there will be a hearing “well before that.”
Gascón said he’s recommending in a court filing on Friday that 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 of the brothers’ ages — they both were under 26 at the time of the crimes — they would be eligible for parole immediately, Gascón said at a Thursday news conference.
The final resentencing decision will be made by a judge and the parole board must also approve, Gascón said.
“We are continuing to be optimistic that Erik and Lyle will be released soon, and best-case scenario would be for us to have Erik and Lyle home for the busy week of Thanksgiving,” she said, which also includes three family birthdays.
“There is no excuse for murder,” Gascón stressed at the news conference, and he added that he doesn’t “believe that manslaughter would have been the appropriate charge [to request in the resentencing filing] given the premeditation that was involved.”
Lyle and Erik Menendez were each sentenced to two consecutive terms of life without parole after they were convicted in 1996 of fatally shooting their parents.
Lyle Menendez was 21 and Erik Menendez was 18 when they killed Jose and Kitty Menendez at the family’s Beverly Hills home in 1989. The brothers argued they acted in self-defense after enduring years of sexual abuse by their father; prosecutors alleged they killed their wealthy parents for financial gain.
Gascón said this month that his office was evaluating new evidence: allegations from a member of the boy band Menudo who said he was molested by Jose Menendez, and a letter Erik Menendez wrote to a cousin eight months before the murders detailing his alleged abuse.
Erik Menendez’s cousin testified about the alleged abuse at trial, but Erik Menendez’s letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to Geragos.
“I’ve never once doubted Erik and Lyle. I believe them,” the brothers’ cousin, Natascha Leonardo, told “GMA.” “The new evidence that has come out just continues to support our belief.”
Another cousin, Tamara Goodell, added that a new swell of support from the public is due to a younger generation’s understanding that boys and men are also victims of sexual abuse, which wasn’t as well recognized in the 1990s.
“This new generation is really putting up a fight to say, ‘This is not what should’ve been handed to them,'” she said. “At this point, after almost 35 years, they’ve served their time. … Now, it’s time for them to come home.”
One relative — the brothers’ uncle, Milton Andersen — is adamant about keeping them behind bars, though. He said he firmly believes his nephews were not sexually assaulted and were motivated by greed.
“The jury’s verdict was just, and the punishment fits the heinous crime,” he said in a statement.
Gascón told ABC News this month that any recommendation for resentencing would take into account the decades the brothers already served and their behavior in prison.
The brothers made a positive impact while incarcerated, despite “no hopes of ever getting out of prison,” Gascón said. They focused on “creating groups to deal with how to address untreated trauma, creating groups to deal with other inmates that have physical disabilities and may be treated differently. Even in one case, Lyle negotiating for other inmates as to the conditions that they live under,” he said.
Geragos said Lyle Menendez received a college degree behind bars while Erik Menendez provides hospice care to inmates.
“They’ve done great things while in prison. I don’t see anything that’s going to stop them from continuing that work once they’re out,” Geragos said.
(NEW YORK) — A trans teenager was allegedly assaulted by a large group of teens in Massachusetts, and police are investigating it as a possible hate crime.
Jayden Tkaczyk, 16, had been at an outdoor party in a wooded area in Gloucester Friday night when the alleged incident occurred.
His attorney, Craig Rourke, told ABC News the assailants “stomped on his head” and “called him the f-slur” during the attack.
“We view this as a hate crime,” Rourke said. “The motives of the perpetrators seem pretty clear in their own words.”
Jayden suffered a broken orbital, permanent nerve damage, a black eye and bruising to the legs and torso, Rourke said, and was treated at a hospital for his injuries. He has since been released.
The Gloucester Police Department said in a press release that the “parties involved in this incident are known to one another.”
A detective trained in civil rights investigations had been assigned to lead the case, police said, and a spokesperson for the department confirmed to ABC News the incident is “being investigated as a possible hate crime.”
“The investigation remains ongoing and no determination has been made at this stage,” the police spokesperson said.
The teen has previously faced bullying for being trans, Rourke said.
Jayden, who attends a local vocational high school, joined the Gloucester High School football team last year but quit after only a few practices because the “bullying got so severe,” according to Rourke.
Jayden told Boston ABC affiliate WCVB-TV the attack began in “a blink of an eye.”
“One second I was having fun, and the next second I was on the ground getting my face stomped and beat up,” Jayden said.
“They were just saying the f-slur over and over and over and over as they were punching me and stomping me,” he added.
His mother, Jasmine Tkaczyk, told WCVB she was “really, really angry” over the incident.
“Seeing the condition he was in, this has always been my worst fear as a mom of a trans teen,” she said.
The Essex County District Attorney’s Office told ABC News they were “aware of the serious allegations of an assault on a Gloucester teenager by other teens.”
“The office is working in conjunction with the Gloucester Police Department on this active and ongoing investigation involving juvenile parties and as such we are unable to provide further commentary at this time,” they added.
Gloucester Public Schools Superintendent Ben Lummis said in a statement that district and school leadership “understands the gravity of the recent allegations and are handling them with the highest level of concern.”
The school district is “actively cooperating” with the police investigation, Lummis said.
“We are very early in what is likely to be a complicated investigation,” Lummis said. “All decisions going forward will be based on the outcome of this thorough investigation.”
Lummis said there were “many rumors and contradictory information circulating on social media” about the incident, and urged students and families “to give the police and the schools time to do methodical and accurate investigations.”
Gloucester Police Chief Edward Conley said they were “treating these allegations with the utmost seriousness.”
“We ask the public to allow the investigation to proceed without rushing to judgment,” Conley said.
