In this screen grab from a video released by the San Dimas Sheriff’s Station, a tortoise was sucessfully rescued after the owner’s home was destroyed by fire. Via San Dimas Sheriff’s Station/Instagram
(LOS ANGELES) — A beloved pet tortoise has been found safe in the wake of California wildfires.
The rescue occurred after the family’s Altadena home was destroyed in the Eaton Fire, according to the San Dimas Sheriff’s Station.
In a video the station shared Saturday to Instagram, a deputy was seen bringing the 100-pound tortoise, Rocky, to safety.
Rocky was found in a hole in the family’s backyard, the sheriff’s office said.
The family can be heard cheering and celebrating as a deputy carried Rocky over to them.
“Yay! Rocky’s home!” a woman can be heard saying in the video.
ABC News has reached out to Rocky’s family for comment.
Lokman Vural Elibol/Anadolu Agency via Getty Images
(NEW YORK) — The Mega Millions jackpot has soared to an estimated $1 billion ahead of its Christmas Eve drawing.
The estimated jackpot would make it the seventh-largest in the game’s history and its seventh billion-dollar prize.
It would also be the largest ever won in December, if a ticket matches all six numbers drawn.
The cash value of the jackpot is estimated to be $448.8 million.
The last time the jackpot was won was at $810 million in Texas on Sept. 10. No one has won the grand prize in the last 29 drawings, as the jackpot has ballooned.
The Mega Millions jackpot has only been won on Christmas Eve once before, according to the game. A $68 million jackpot was won in New York on Dec. 24, 2002, though it was never claimed.
The odds of winning the jackpot are 1 in 302,575,350, according to Mega Millions.
Mega Millions is played in 45 states, Washington, D.C., and the U.S. Virgin Islands. Tickets are $2 for one play. Tuesday’s drawing is at 11 p.m. ET.
(NEW YORK) — The judge in Donald Trump’s New York criminal hush money case indicated Friday that he intends to sentence the president-elect to an “unconditional discharge” out of respect for the presidential immunity doctrine.
Judge Juan Merchan ordered Trump to appear, either in person or virtually, for sentencing on Jan. 10, which is 10 days before Trump’s presidential inauguration.
Merchan, in his ruling Friday, called an unconditional discharge the “most viable solution to ensure finality and allow Defendant to pursue his appellate options.”
Trump faces the possibility of up to four years in prison for his conviction, though most legal experts believe he is more likely to receive a lighter sentence.
Trump’s legal team is expected to try to stop the Jan. 10 sentencing, sources familiar with the matter tell ABC News. His lawyers intend to ask an intermediate New York appellate court to intervene and stop the sentencing hearing from going forward, the sources said.
Trump spokesperson Steven Cheung, in a statement, called Merchan’s ruling “a direct violation of the Supreme Court’s Immunity decision and other longstanding jurisprudence.”
“President Trump must be allowed to continue the Presidential Transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the Witch Hunts. There should be no sentencing,” the statement said.
The Manhattan district attorney’s office, which secured the conviction against Trump, did not respond to a request for comment from ABC News.
Trump was found guilty this past May on 34 felony counts of falsifying business records related to a hush money payment made to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election.
Merchan, in his ruling, described Trump’s conduct as a “premediated and continuous deception by the leader of the free world.”
“To vacate this verdict on the grounds that the charges are insufficiently serious given the position Defendant once held, and is about to assume again, would constitute a disproportionate result and cause immeasurable damage to the citizenry’s confidence in the Rule of Law,” the ruling said.
While Merchan said that he cannot determine Trump’s sentence without hearing from Trump himself and others in the case, he signaled his plan to sentence him to an unconditional discharge, under which Trump would avoid serious punishment but the record of his conviction would remain on his record.
Trump’s lawyers had long fought to push back the sentencing, successfully delaying it three times following the Supreme Court’s sweeping ruling on presidential immunity and a heated presidential campaign.
Merchan initially scheduled the sentencing for July 11 before pushing it to Sept. 18 in order to weigh if Trump’s conviction was impacted by the Supreme Court’s July ruling prohibiting the prosecution of a president for official acts undertaken while in office. Merchan subsequently ruled that Trump’s conviction related “entirely to unofficial conduct” and “poses no danger of intrusion on the authority and function of the Executive Branch.”
Merchan wrote that a unconditional discharge would respect the sanctity of the jury’s verdict — which he called “a bedrock principle in our nation’s jurisprudence” — and the principle of presidential immunity.
“While this Court as a matter of law must not make any determination on sentencing prior to giving the parties and Defendant an opportunity to be heard, it seems proper at this juncture to make known the Court’s inclination to not impose any sentence of incarceration, a sentence authorized by the conviction but one the People concede they no longer view as a practicable recommendation,” the ruling said.
“As such; in balancing the aforementioned considerations in conjunction with the underlying concerns of the Presidential immunity doctrine, a sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options,” Merchan wrote.
Merchan’s ruling criticized Trump and his lawyers — several of whom are set to take top positions at the Department of Justice — for using rhetoric that “has no place in legal pleadings.”
“Dangerous rhetoric is not a welcome form of argument and will have no impact on how the Court renders this or any other Decision,” Merchan wrote.
The judge also criticized Trump for his “disdain” for the judiciary.
“Defendant’s disdain for the Third Branch of government, whether state or federal, in New York or elsewhere, is a matter of public record. Indeed, Defendant has gone to great lengths to broadcast on social media and other forums his lack of respect for judges, juries, grand juries and the justice system as a whole,” the ruling said.
The jury’s verdict, handed down last summer, made Trump the first U.S. president, current or former, to be criminally convicted.
(NEW YORK) — Closing arguments began Monday in the trial of Daniel Penny over the May 2023 subway chokehold death of Jordan Neely.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Neely entered a subway car on an uptown F train at the Second Avenue stop, and was described by witnesses as yelling and moving erratically when Penny put Neely in a chokehold, officials said.
Penny is charged with manslaughter and negligent homicide in Neely’s death. He pleaded not guilty.
He faces up to 15 years in prison if he’s convicted of manslaughter. There is no minimum sentence.
The proceedings began late so the defense could fix two audio exhibits. The prosecutors alleged the defense had “willy nilly edited” the audio and “taken out what they don’t like.” Assistant District Attorney Dafna Yoran said it would be misleading for the jury to hear an edited excerpt.
The judge agreed, and the defense recut the exhibits, so jurors were clear they were hearing edited portions.
The delay means the jury will likely not begin deliberations until Tuesday. If necessary, the judge asked jurors to consider continuing their deliberations Wednesday, when the trial did not sit.
The defense’s closing arguments
The defense attorney, Steven Raiser, asked jurors in closing arguments to imagine they were on the train that day, conjuring the scene with sound effects of closing doors, a train pulling out of a station and police body camera footage of passengers saying Neely “scared the living daylights out of everybody.”
A “violent and desperate” Jordan Neely entered the uptown F train on May 1, 2023, “filled with rage and not afraid of any consequences,” causing passengers to be “frozen with fear” before Daniel Penny “acted to save those people,” a defense attorney said Monday during closing arguments at Penny’s manslaughter and negligent homicide trial.
In its summation, the defense challenged the prosecution’s assertion that Penny held Neely in a chokehold for “way too long,” and did not let go for almost six minutes. Raiser said Penny did not intend to kill Neely but did not let go because Neely was fighting back.
“Of course, he didn’t. He had to remain in place out of fear that Neely would break free,” Raiser said.
The city’s medical examiner concluded Penny’s chokehold killed Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
Defense attorney Steve Raiser argued that Penny “was not applying a textbook Marine blood choke because his purpose was not to render Mr. Neely unconscious,” Raiser said. Raiser said Penny applied a chokehold “in a less aggressive manner,” reflecting his character.
“He could have squeezed Mr. Neely to unconsciousness,” Raiser said. “Instead, he laid with him on the dirty subway floor while the smell of uncleanliness…and feces enveloped him.”
The defense summation included an image of the two men on the subway floor: “It’s basic human instinct to grab at the arm choking you. You don’t see that here because Danny’s not choking him,” Raiser said.
Raiser argued Penny was not applying pressure on Neely’s neck in the hold’s final 51 seconds and the whole case represented a rush to judgment: “This was not a chokehold death,” Raiser said. “They failed to prove their case, period.”
During the trial
During the trial, prosecutors argued that Penny went “way too far,” holding Neely around the neck for nearly six minutes, past the point when he posed a threat. About 30 seconds after Penny put Neely in the chokehold, the train arrived at the next station and many passengers left the train car, according to court filings.
Footage of the interaction between Penny and Neely, 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 argue that Penny should have known that his minutes-long chokehold was turning fatal.
Witness accounts of Neely’s behavior that day differ.
In court filings, some passengers described their fear. 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,” according to court filings.
Other 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.”