(WASHINGTON) — As millions of Americans head to the polls, thunderstorms are forecast from the Great Lakes to the Gulf Coast, with the potential to cause inconveniences to voters across the country.
The heaviest concentration of rain is expected in Wisconsin, Louisiana, eastern Texas and Arkansas but heavy rain along the Mississippi River and Ohio River valleys could bring flash flooding and approximately 2 inches to 4 inches of rain between Louisiana and southern Indiana.
Meanwhile, heavy snow is forecast in the Rockies from Montana down to Colorado and winter weather alerts have been issued in those regions.
In California, strong winds and dry conditions will create a threat for wildfires from the San Francisco Bay area down to Los Angeles where a red flag warning has been issued.
However, beautiful weather is forecast in the Northeast today, with warm temperatures in the 70s across much of the eastern seaboard and potential record highs from Meridian, Mississippi, all the way to Rochester, New York, with temperatures in the 80s.
The record heat is expected to concentrate in the Northeast on Wednesday with record highs possible for major cities such as Washington, D.C., Philadelphia and New York City with temperatures close to 80 degrees.
(NEW YORK) — Election workers across the country are being bombarded with threats, and law enforcement agencies nationwide are dedicating “substantial resources” to ensure public safety during the election, according to a new threat assessment obtained by ABC News.
The document, transmitted Monday by the NYPD Intelligence Bureau, encapsulates the full picture of Election Day threats, including the risk of physical violence and disinformation generated by foreign governments. Potential targets include “election personnel and government officials, campaign offices, as well as voting-related sites, infrastructure, and technology,” the assessment said.
“Individuals may employ a variety of tactics that could include physical attacks, threats of violence, delivery of suspicious packages, swatting, arson, and property destruction, harassment, as well as cyberattacks and mis/dis/mal-information campaigns,” the assessment also said.
The FBI has received more than 2,000 threats to election workers and “opened at least 100 investigations into these unlawful actions” as of April, the assessment said, citing a September report by the U.S. Department of Justice, with more than 20 people charged.
In the last week alone, multiple individuals in separate states have faced charges related to threats against election officials, according to the assessment:
Teak Brockbank, 45, of Colorado, pleaded guilty to transmitting interstate threats after he made a series of online threats against election officials in Colorado and Arizona, a judge in Colorado, and federal law enforcement agents.
Richard Glenn Kantwill, 61, of Tampa, allegedly made threats against an election official.
John Pollard, 62, of Philadelphia, allegedly threatened to kill a state party representative who was recruiting poll watchers online.
Threats and hostile rhetoric against election officials have proliferated online, according to the assessment:
Last month, the NYPD Intelligence Bureau found users on several platforms that accused Georgia Secretary of State Brad Raffensperger of attempting to influence the outcome of the 2024 presidential election, and called for his execution.
A user in an online extremist messaging channel called for a “national militia for the defense of the Republic” to ensure “election integrity.”
In September, suspicious packages containing powder were sent to secretaries of state and state election offices in at least 15 states.
“Each state runs elections a little bit differently but the commonalities across all the states are that election officials are professional, they follow the laws of their state, and the process is transparent,” Benjamin Hovland, chairman of the bipartisan U.S. Election Assistance Commission, told ABC News.
A tropical system churning in the Caribbean is forecast to strengthen into Tropical Storm Rafael on Monday as it takes aim at Jamaica, the Cayman Islands and the Gulf Coast.
A tropical storm warning has been issued for Jamaica, where Rafael is forecast to bring heavy rain and mudslides Monday night into Tuesday morning. A hurricane warning has been issued for the Cayman Islands.
Rafael could strengthen to a hurricane by Tuesday night into Wednesday morning as it makes landfall in Cuba with heavy rain, strong winds, flash flooding and storm surge.
Rafael is expected to move into the Gulf of Mexico as a tropical storm by the end of the week.
By Saturday, Rafael could reach the U.S. Gulf Coast.
It’s too early to tell which parts of the Gulf Coast will see the worst conditions. Everyone from Texas to Florida should monitor the storm’s path.
Footage of a vehicle explosion taken by a driver on I-96 in Webberville, Mich., Nov. 2, 2024. (Simon Schuster)
(LANSING, MI) — A semitractor-trailer crashed into backed-up traffic on a Michigan interstate, killing four people and injuring 17 others just before midnight on Saturday, police said.
Troopers with the Michigan State Police had been stationed on Interstate 96, controlling traffic as workers installed power lines across the road, the department said in a statement.
Prior to the crash, “numerous” cars had come to a halt in the expressway’s westbound lane near the intersection with M-52, police said. The work, which was being done by Consumers Energy, required the road to be completely shut down for a short period, police.
Those vehicles had just begun moving again when the truck crashed into them, police said.
“It appears the driver of the semi-truck did not see the backup and could not stop his vehicle in time,” police said. “The semi-truck was in the left lane of travel and struck numerous vehicles.”
The truck and more than a dozen other vehicles caught fire after the crash, police said.
“Seventeen vehicle occupants have been transported to UM Sparrow Hospital and McLaren Hospital in Lansing for serious injuries,” police said.
(LOUISVILLE, Ky.) — A jury on Friday found former Louisville police officer Brett Hankison guilty of violating Breonna Taylor’s civil rights during a fatal botched police raid, in a retrial of the federal case against him.
The guilty verdict came hours after the jury acquitted Hankison of a second count of violating the civil rights of three of Taylor’s neighbors, who lived in an adjacent apartment that was also struck by gunfire during the raid. After the partial verdict was delivered, jurors, who remained deadlocked on the count specifically related to Taylor, were instructed by the judge to continue deliberating.
The jury returned a guilty verdict on that count shortly before 9:30 p.m., according to Louisville ABC affiliate WHAS.
Family and friends of Taylor hugged each other and cheered after leaving court late Friday night.
Speaking to reporters after the verdict, Tamika Palmer, Taylor’s mother, thanked prosecutors and jurors. “They stayed the course,” Palmer said of prosecutors, who retried the case after Hankison’s first federal trial ended in a mistrial last year when the jury was unable to reach a unanimous decision after deliberating for several days.
As deliberations this time around stretched late into the evening Friday, Palmer said she began to feel defeated. “The later it got, the harder it got, and I’m just glad to be on the other side,” she said.
“Now, I just want people to continue to say Breonna Taylor’s name,” her mother said.
Taylor was fatally shot during the March 2020 raid. The three officers fired dozens of rounds after her boyfriend fired one round at them, striking one of the officers.
Hankison fired 10 rounds through Taylor’s sliding glass door and window, which were covered with blinds and curtains, prosecutors said. Several of the rounds traveled into Taylor’s neighbor’s apartment, where three people were at the time. None of the 10 rounds hit anyone.
Prosecutors argued Hankison’s use of force was unjustified, put people in danger and violated the civil rights of Taylor and her three neighbors. The indictment alleged Hankison deprived Taylor of the right to be free from unreasonable seizures and deprived her neighbors of the right to be free from the deprivation of liberty without due process of law.
Several witnesses, including Louisville’s current police chief, testified during the trial that the former officer violated Louisville police policy requiring officers to identify a target before firing, according to The Associated Press.
The defense argued during the trial that Hankison had joined a poorly planned raid and that he fired his weapon after believing someone was advancing toward the other officers, the AP reported.
The charges carry a maximum sentence of life in prison if convicted.
The plainclothes officers were serving a warrant searching for Taylor’s ex-boyfriend, who they alleged was dealing drugs, when they broke down the door to her apartment. He was not at the residence, but her current boyfriend, Kenneth Walker, thought someone was breaking into the home and fired one shot with a handgun, striking one of the officers in the leg. The three officers returned fire, shooting 32 bullets into the apartment.
The original indictment alleged Hankison had also violated Walker’s civil rights, though Walker was removed from the charge at the beginning of the retrial.
The retrial marked the third trial for Hankison, following the initial mistrial as well as a state trial in 2022, in which he was acquitted of multiple wanton endangerment charges.
Like in his previous trials, Hankison took the stand during the retrial, getting emotional at times over two days of testimony, according to WHAS, the ABC affiliate in Louisville covering the case in the courtroom.
Hankison told the jurors he was “trying to stay alive, [and] trying to keep my partners alive,” according to WHAS.
Hankison insisted “the only person my bullet could have struck was the shooter,” saying there was “zero risk” of hitting anyone outside the threat, according to WHAS.
He said that night was the first time he fired his gun in nearly 20 years of policing, according to the AP.
Hankison was fired from the Louisville Metro Police Department for violating department procedure when he “wantonly and blindly” fired into the apartment.
The two other officers involved in the raid were not charged. Kentucky Attorney General Daniel Cameron called Taylor’s death a “tragedy” but said the two officers were justified in their use of force after having been fired upon by Walker.
(NEW YORK) — The back-to-back retirements of two college quarterbacks seemingly at the start of their careers has put a spotlight again on concussions and youth sports, particularly football.
On Oct. 23, North Carolina State quarterback Grayson McCall announced on Instagramthat he would retire from the sport after being carted off the field in an Oct. 5 game that saw him lose his helmet in a hit.
“As you all know I have battled injuries my whole career, but this is one that I cannot come back from. I have done everything I can to continue, but this is where the good Lord has called me to serve in a different space,” McCall, 23, wrote alongside photos of him playing football as a young kid. “Brain specialists, my family, and I have come to the conclusion that it is in my best interest to hang the cleats up.”
Just five days later, on Oct. 28, University of Michigan quarterback Jack Tuttle announced that he too is retiring from football, also citing medical reasons.
Tuttle, a seventh-year senior, underwent surgery on his throwing arm in the offseason, according to ESPN, and then this season suffered the fifth concussion of his career.
“Unfortunately, the recent experience of enduring my fifth concussion has brought forth the painful truth: that I need to start prioritizing my health,” Tuttle, 25, wrote, in part, in an Instagram post announcing his retirement. “Throughout my college career, I’ve battled numerous injuries, culminating in this difficult choice to step away from playing the game that I love.
Both Tuttle and McCall noted that they planned to stay involved with football through coaching, with McCall writing, “I look forward to taking my passion and love for the game into the coaching space to serve and lead the next group of kids with a dream.”
Whether it’s safe for young kids to dream of playing football is a conversation starting again in the wake of the quarterbacks’ retirements, as well as the recent deaths of two youth football players.
Among youth sports, boys’ football has the highest rate of concussion, with10.4 concussions per 10,000 athlete exposures, according to a 2019 study published in the journal Pediatrics. Girls’ soccer and boys’ ice hockey followed behind with the second and third highest rates, respectively.
For kids who start playing tackle football at a young age, the concussions can start just as young. A 2018 study found that 5% of youth football players ages 5 to 14 suffer a football-related concussion each season.
And the science shows that each concussion — caused by a jolt to the head or a hit to the body — matters.
While not usually life-threatening, the effects of even a mild traumatic brain injury (TBI) or concussion, can be “serious,” according to the U.S. Centers for Disease Control and Prevention, causing changes to the brain that can impact a kid’s sleep, learning, behavior and thoughts.
Over time, repeated concussions can cause long-term problems with concentration, memory, balance and headaches, according to the CDC.
Chris Nowinski, Ph.D., co-founder and CEO of the Concussion Legacy Foundation, a nonprofit organization focused on concussion and CTE research, told ABC News that while he doesn’t know the specifics of Tuttle’s and McCall’s, it’s notable that they retired from football now, during their college careers.
“It’s important remember, you only get one brain, and when you’re playing football, you’re risking your long-term brain health,” Nowinski said. “And so you want to make sure that when you get warning signs that your brain is losing its resilience to trauma, you shut it down before it gets too bad.”
He added of Tuttle and McCall, “They’re better off finding that new passion versus running their brain to the ground and dealing with those consequences for the rest of their lives.”
Takeaways for parents and young athletes
Nowinski said he recommends that if a child is interested in playing football, they play flag or touch football instead of tackle football for as long as possible.
It’s a recommendation echoed by the CDC, which cites data showing youth tackle football players had 15 times more head impacts during a practice or game than flag football athletes.
If a child is playing tackle football, safety recommendations from the CDC include reducing the number of contact practices for teams, teaching position-specific and age-appropriate tackling and blocking skills, and strictly enforcing penalties for head hits.
Noting the importance of kids getting as few concussions as possible, Nowinski said he also encourages parents, coaches and trainers to give young athletes more than enough time to recover from a concussion.
“That means staying out longer than a week after a concussion, and potentially staying out longer than is even recommended,” he said. “And that when there are two concussions in a shorter period of time, that you take longer off.”
For young athletes hesitant to miss a game or practice, Nowinski said the takeaway message is, “The more [concussions] you get, the more you risk having to step away from your sport.”
Dr. Munro Cullum, a concussion expert and neuropsychologist from UT Southwestern’s O’Donnell Brain Institute, told ABC News that he tells parents and athletes, “If in doubt, sit it out.”
“If you have questions about how you’re doing, the line I use for a lot of young adults that I see is, ‘If you’re impaired and not functioning at your best, you can’t be the best for your team,'” Cullum said. “‘You can’t be there for your team in full strength, and therefore, you need to let people know when there’s something wrong.'”
Cullum said that parents and guardians can often be the first line of defense when it comes to identifying a concussion in their child.
“I encourage parents to educate themselves about concussion signs also because some of the changes can be very subtle,” he said. “Their behaviors may change and maybe only a parent would notice that somebody’s more sullen or they’re more anxious than they used to be.”
In some cases, symptoms of concussions may appear right away, while in others it may take hours or days after the injury for symptoms to appear.
Concussion symptoms can range from dizziness, nausea, vision problems and headaches to concentration problems, fogginess, anxiety, sadness, nervousness or changes in sleep, according to the CDC.
When it comes to knowing whether the latest concussion is one too many for an athlete, Cullum said there is no “magic number.”
“We don’t yet know how many concussions are too many or for whom,” Cullum said, adding, “It’s what’s unique about one individual versus another. There can’t really be a blanket prescription that’s right for everybody. One size doesn’t fit all.”
(HOUSTON) — Public hospitals in Texas will now be required to ask patients if they are in the U.S. legally and keep a record of the funds spent on illegal migrants after an executive order went into effect Friday.
Public hospitals are required to collect information regarding the “cost of medical care provided to illegal immigrants,” the number of inpatient discharges and the number of emergency visits, then submit that data to the Texas Health and Human Services Commission on a quarterly basis, Texas Gov. Greg Abbott wrote in an August statement announcing the measure.
While facilities must ask patients of their legal status, patients are not required to respond.
The new policy will also be enforced at hospitals enrolled in Medicaid, the Children’s Health Insurance Program and any other facilities identified by the commission.
The first submission is due on March 1, 2025, according to the governor’s office. The commission will then submit the total cost for medical care provided to illegal migrants to the governor, lieutenant governor and the speaker of the house on an annual basis beginning on Jan. 1, 2026.
Patients are to be told that the collection of this information will not affect patient care, according to the executive order. Federal law mandates patients be told their answers will not affect their medical care.
The executive order also states that the federal government “may and should be obligated to reimburse the state of Texas for the costs that its open border policies have imposed on Texans.”
“Due to President Joe Biden and Vice President Kamala Harris’ open border policies, Texas has had to foot the bill for medical costs for individuals illegally in the state,” Abbott said in the statement, though migrant encounters at the border began rising while Donald Trump was president in the months after April 2020 through the November election. “Texans should not have to shoulder the burden of financially supporting medical care for illegal immigrants.”
Immigration advocacy groups condemned the action as it went into place Friday.
“Abbott’s latest executive order — which takes effect today and goes against federal law — is a calculated attempt to drive immigrants into the shadows and make our communities fearful of being targeted in the very places we should feel safe. Going after immigrants in hospitals is just the first step towards enacting Trump’s Project 2025 agenda,” said Michelle Ming, political director of United We Dream Action, an advocacy group for immigrants.
ABC News’ Armando Garcia contributed to this report.
(ORLANDO, Fl) — The mayor of Orlando, Florida, is cracking down in the city’s entertainment district after two people were killed and several others injured in a Halloween night shooting.
The suspect, 17-year-old Jaylen Dwayne Edgar, has been taken into custody, Orlando police said.
Officers responded to reports of shots fired just after 1 a.m. Friday, and within minutes, the officers witnessed a second shooting, police said.
One person was killed at the first scene and the second victim was killed at the second scene, police said.
Nine people, aged 18 to 39, were injured, some critically, police said.
The suspect walked by more than 10 officers just before opening fire, Orlando Police Chief Eric Smith said.
Surveillance video captured the chaos of people fleeing the scene as officers apprehended the suspect.
Edgar has been charged with two counts of first-degree murder with a firearm and six counts of attempted first-degree murder with a firearm, police said.
A motive is unknown, Smith said.
Orlando Mayor Buddy Dyer said he’s issuing a local state of emergency for establishments in the downtown entertainment area, which will ban alcohol sales after midnight and implement a curfew from 1 a.m. to 5 a.m.
“It’s unfortunate that the changes in the state concealed weapons laws [in 2023] have made it even easier for people to carry guns,” Dyer said at a news conference.
“You can legally carry a firearm unless you fall into a certain kind of category: underage, convicted felon,” Smith explained. “For most people, it allows them, without getting a concealed weapons permit, to carry a gun concealed.”
ABC News’ Jason Volack contributed to this report.
(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.
(WILLINGBORO, N.J.) — Police are searching for the gunman who shot and killed a mother and daughter during a home invasion in New Jersey.
Catherine Nunez, 33, and her mother, Marisol Nunez, 54. were found dead in an upstairs bedroom of their home in Willingboro early Wednesday, the Burlington County Prosecutor’s Office said.
It appears the intruder broke a first-floor window to enter the home, prosecutors said.
No arrests have been made, prosecutors said.
Authorities said they believe the crime wasn’t random and don’t think other residents in the neighborhood are at risk.
