National

Asheville tragedy shows there are no climate change safe havens: Experts

A view of the damaged area at Asheville along with the western part of North-Carolina is devastated by the heavy rains and flooding after Hurricane Helene in Asheville, United States on September 30, 2024. (Peter Zay/Anadolu via Getty Images)

(NEW YORK) — Asheville, North Carolina, has been called a potential safe haven for climate refugees by real estate researchers, praised for its temperate mountain weather, distance far from the coast, experiencing less extreme heat and fewer wildfires.

The city of around 95,000 people was believed markings of a place where those escaping the harsh impacts of the climate crisis could go for safety.

Certainly, there are locations that are going to be able to withstand some of those impacts more than others, according to Dave Reidmiller, the director of the Gulf of Maine Research Institute’s Climate Center.

However, the fatal floods and landslides seen after Helene ripped through Buncombe County, which encompasses Asheville, highlight that “no place is truly untouched by climate change, anywhere in the world,” said Reidmiller. Asheville is nearly 400 miles away from where the storm made landfall in Florida last Thursday.

Experts say human-caused climate change has caused an increase in rainfall, increasing the severity and frequency of rainfall events, and more across the country. As extreme weather worsens amid global heating, the crisis is displacing people not just in the U.S., but around the world.

Because of this, Antonia Sebastian, a professor at The University of North Carolina at Chapel Hill’s Depar​tment of Earth, Marine and Environmental Sciences, doesn’t believe in climate havens.

The designation of a “climate haven” has been denounced by climate experts, who told ABC News that it’s not a widely accepted or official term and that the criteria is unclear.

“Climate change is sort of a pervasive issue that is going to affect communities all over the world — not equally — but definitely it will impact everyone, everywhere in some way,” Sebastian told ABC News.

Helene, which made landfall in Florida’s Big Bend region as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record. It traveled inland, hitting not just Florida, but also Georgia, South Carolina, North Carolina, Virginia and Tennessee.

Helene dumped more than 30 inches of rain on North Carolina, producing the biggest local flooding in recorded history. The path of the storm’s devastation has spanned more than 600 miles.

More than 30 people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, according to county officials.

“When you get a really extreme rainfall in mountainous regions, you see flooding, you see the potential for landslides. You see a lot more road washouts than you might in a coastal area with the same kind of storm. That’s that elevation component. The topography component really adds to the severity of the flooding that that people experience,” Sebastian said.

“It’s really not only the volume of water that’s really out like astounding — we’re talking thousand-year-levels of rainfall by some measures — but it’s the ferocity with which that water is flowing, the speed and the real intensity of the flood that they had to experience out there,” she noted.

Across Helene’s path, more than 100 people have been killed.

Kristina Dahl, senior climate scientist at the Union of Concerned Scientists, argues that society needs to move away from viewing some groups as refugees of the climate crisis and instead acknowledge the need for everyone to invest in measures that will make communities and individuals more resilient to extreme weather.

“What folks have experienced over the last few days of Hurricane Helene is unprecedented and terrifying, they’re certainly not alone in experiencing it,” Dahl said in an interview.

The international think-tank Institute for Economics & Peace estimates that 1.2 billion people could be displaced globally by 2050.

Despite Asheville’s status as a climate resilient city, Amber Weaver, its sustainability officer, announced earlier this year that it was in the process of developing a resilience assessment to adapt to the growing list of major climate-related dangers.

Reidmiller urged cities nationwide to invest in climate change mitigation and preparedness, adding that the cost of climate change — in both damages and human life — will continue to add up unless action is taken.

“You pay, frankly, pay for climate readiness now, or Mother Nature is going to charge you later with interest,” Reidmiller told ABC News. “As we rebuild, we kind of need to ask ourselves, do we need to rebuild higher, stronger, with different permitting and regulatory requirements to make sure that what we are building back is more capable of withstanding these stronger, more intense, more frequent, longer lasting, greater-in-spatial scale events?”

Copyright © 2024, ABC Audio. All rights reserved.

National

Kentucky sheriff accused of fatally shooting judge retires

Letcher County Sheriff Mickey Stines (Letcher County)

(NEW YORK) — The Kentucky sheriff accused of fatally shooting a judge in his chambers is retiring, according to a letter from the murder suspect’s attorney.

Letcher County Sheriff Shawn “Mickey” Stines, 43, was charged with first-degree murder in connection with the death of Kentucky District Judge Kevin Mullins, 54, who authorities said was gunned down inside his chambers in the Letcher County Courthouse on Sept. 19.

Stines “has made the difficult decision” to retire on Monday, attorneys Jeremy Bartley and Kerri Bartley stated in a letter addressed to S. Travis Mayo, deputy counsel at the Kentucky governor’s office.

“This decision is made, not as a result of any ultimatum or in any way as a concession to any allegations made by the Commonwealth of Kentucky,” the letter stated. “Rather, Sheriff Stines has made this decision to allow for a successor to continue to protect his beloved constituents while he addresses the legal process ahead of him.”

Stines pleaded not guilty to the first-degree murder charge during his first court appearance last week.

There was no discussion of a bond during the hearing, Lexington ABC affiliate WTVQ-TV reported.

He is expected back in court on Tuesday.

Stines could face the death penalty if convicted, according to a special judge appointed to preside over the case.

Kentucky Gov. Andy Beshear had previously called on Stines to resign in the wake of the incident by Sept. 27. If not, Beshear said there is a “removal process” he can start.

“Every Kentucky county needs an active and working sheriff,” Beshear said at an unrelated press briefing last week. “Right now, Letcher County doesn’t have an active and a working sheriff.”

Mullins was found with multiple gunshot wounds after a 911 caller reported shots being fired inside the courthouse, and Stines was taken into custody without incident at the courthouse, police said.

The shooting allegedly occurred “following an argument inside the courthouse,” according to Kentucky State Police, and investigators are still searching for a motive.

The two had had lunch together the day of the shooting, Letcher County Circuit Clerk Mike Watts told WTVQ.

Days before the shooting, Stines was deposed in a lawsuit, which alleged he had failed to investigate one of his deputies who sexually abused a woman in Mullins’ chambers.

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National

Lawyers for two ex-officers accused in Tyre Nichols’ death rest their cases in federal trial

Witthaya Prasongsin/Getty Images

(MEMPHIS, Tenn.) — Attorneys for two of the three former Memphis police officers facing charges in the January 2023 beating death of Tyre Nichols rested their cases on Monday.

Demetrius Haley’s and Tadarrius Bean’s lawyers said they wouldn’t call any more witnesses to the stand, according to WATN-TV. The two ex-officers did not testify at the trial, but Justin Smith, the third defendant, might be called to the stand. Martin Zummach, Smith’s attorney, said in opening arguments that the former officer will testify, according to WATN.

Smith, Bean and Haley 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. These charges carry a maximum penalty of life in prison if convicted, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.

Emmitt Martin III and Desmond Mills Jr., the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.

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.

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.

Michael Stengel, Haley’s lawyer, and John Perry, Bean’s attorney, each called for the testimony of police-use-of-force experts in previous days attempting to justify the officers’ actions during the encounter with Nichols.

Zummach called Jared Zwickey, who had been in law enforcement for 50 years, to the stand as an expert witness, according to WATN. Zwickey testified that the actions of Smith, who was characterized as the unit’s team leader, were consistent with Memphis police and national policing standards and training.

“Hit him,” Smith could be heard saying on police body camera video during the beating, according to WATN.

“It’d be appropriate if the officer needed help,” Zwickey said when asked if Smith’s statement was appropriate during the Nichols’ encounter.

Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.

Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.

Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.

Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.

After the police encounter, Nichols was transferred to the hospital in critical condition. 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.

The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.

The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.

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National

California bans legacy admissions in all colleges, universities

Students are seen on campus at the University of Southern California (USC) in Los Angeles, April 16, 2024. (Robyn Beck/AFP via Getty Images)

(NEW YORK) — California has become the fourth state to ban legacy admissions in the college application process, a practice that has long been criticized as favoring white or wealthy students based on their familial alumni connections.

“In California, everyone should be able to get ahead through merit, skill, and hard work,” Gov. Gavin Newsom said in a Monday statement. “The California Dream shouldn’t be accessible to just a lucky few, which is why we’re opening the door to higher education wide enough for everyone, fairly.”

The decision affects private and nonprofit universities. The University of California system eliminated legacy admission preferences in 1998, according to Newsom’s office.

Legacy admissions have come under heightened scrutiny following the Supreme Court’s decision to limit race-based affirmative action programs for colleges and universities in June 2023. California law had banned affirmative action in 1996.

“In light of this shift, proponents of AB 1780 advocated for admissions criteria that additionally ensure that factors like wealth or personal relationships do not unduly influence admissions decisions,” the governor’s office said in a statement.

The majority of Americans — 75% of those surveyed in a April 2022 Pew Research study — believe a student’s relationship to an alumni should not be a factor in admissions.

“AB 1780 aims to ensure that admissions decisions are based on merit rather than personal connections — reducing biases in the admissions process at private colleges in California,” the governor’s office said.

All private colleges and universities in California must now submit an annual report to ensure compliance.

Research has shown that legacy applicants are admitted at higher rates, but are not more qualified or academically superior applicants. They are also a less racially diverse population.

The Massachusetts Institute of Technology and University of Colorado-Boulder analyzed 16 years of data from an unnamed elite university in a September 2022 study released in the journal American Sociological Review.

It found that 34.2% of legacy applicants were admitted, compared to 13.9% of non-legacy applicants — most of them white, and most of them wealthier than their counterparts. These students are from ZIP codes with higher mean incomes and are less likely to apply for financial aid with their application, the study said. They are also flagged by the school as having high donor potential.

An analysis from the Institute for Higher Education Policy in 2021 found that 53% of selective four-year colleges consider legacy status in their admissions decisions.

California joins Colorado, Maryland and Virginia in banning these practices, reinforcing bans that hundreds of colleges have already implemented.

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National

Family of man fatally shot by police officer in his home calls for ‘accountability’

Shareif Ziyadat/Getty Images for United Justice Coalition

(DALLAS) — Former Dallas police officer Amber Guyger became eligible for parole over the weekend, five years after being convicted of murder in the fatal 2018 shooting of Botham Jean. Jean’s family is calling for the parole board to reject early release for Guyger and to ensure that she serves her full 10-year sentence.

“We have to deal with that sentence for the rest of our lives. So for the person responsible for taking Botham away from us just unjustly and senselessly, the logical thing to do is to have her serve her full sentence,” Allisa Charles-Findley, Jean’s sister, told ABC News in an interview on Monday. “And 10 years, to me, it’s a light sentence for murder.”

Guyger fatally shot 26-year-old Jean on Sept. 6, 2018 while he was eating ice-cream in his Dallas, Texas, home after mistakenly entering his apartment believing it was her own. She was convicted of murder on Oct. 1, 2019, after a jury unanimously rejected Guyger’s self-defense claims in the fatal shooting.

Charles-Findley and her family, including her mother and brother Brandt, who publicly forgave Guyger in an extraordinary moment during her sentencing hearing in 2019, all want to see Guyger serve her full sentence and are planning to share their thoughts in interviews with the parole board next week, she told ABC News.

“Brandt’s forgiveness of Amber Guyger does not mean that she does not get to be punished for her crime,” Charles-Findley said. “Forgiveness doesn’t supersede punishment, so whether he forgave her or not, that has no bearing on her serving her full sentence for committing that crime.”

The date for Guyger’s parole hearing hasn’t been set, and her attorney didn’t immediately respond to ABC News’ request for comment.

Death of an innocent man: Timeline of wrong-apartment murder trial of Amber Guyger

Guyger was sentenced to 10 years in prison on Oct. 2, 2019 and became eligible for parole on Sunday — the day that would have been Jean’s 33rd birthday.

With Guyger ‘s parole eligibility, Charles-Findley said that her brother’s birthday this year was a “very difficult day” for the family as they honored his memory.

“Botham was a praise leader at church, so every single song just reminded me of him. I could hear him singing it,” she said. “So yesterday was hard. We spent it together at church. But after that, I just needed time alone and, like the past six years, I’ve spent Botham’s birthday just crying in bed.”

Guyger, who was fired from her job as a Dallas police officer in the wake of the shooting, was initially facing a maximum sentence of up to 99 years in prison in this case.

Her sentence initially disappointed Jean’s family, with some of them breaking down in tears and shaking their heads after it was announced.

“Ten years was a bitter pill to swallow, but eventually I accepted it,” Charles-Findley told ABC News. “So now, five years later, to have to deal with her being eligible for early release … it feels like just going through this whole trial all over again, because every single minute I have this pit in my stomach just wondering if she will be let go early, and how, how am I now supposed to accept it?”

Amber Guyger convicted of murder in wrong-apartment killing of innocent man

While delivering her victim impact statement ahead of Guyger’s October 2019 sentencing hearing, Jean’s mother, Allison Jean, said she has struggled to work or sleep and her family’s lives had not been the same since her middle child was killed.

“I have to keep the family together because everybody’s in pain,” she said.

Meanwhile, Guyger’s mother, Karen Guyger, said that her daughter hasn’t been the same since the shooting and she “wanted to take [Jean’s] place. She’d always tell me she wished she could have taken his place. She feels very bad about it.”

Jean’s then-18-year-old brother took the witness stand and spoke to Guyger.

“I know if you go to God and ask him, he will forgive you,” Brandt Jean said.

Brandt Jean, who opened up about why he chose to forgive his brother’s killer in an exclusive interview with “Good Morning America” on Oct. 4, 2019, then asked the judge if he could give Guyger a hug — a request that the judge granted.

“This is what you have to do to set yourself free,” Brandt Jean told “GMA.” “I didn’t really plan on living the rest of my life hating this woman.”

Extraordinary act of mercy: Brother of Botham Jean hugs and forgives Amber Guyger after 10-year sentence imposed

Charles-Findley said that while her brother forgave Guyger because it was “necessary for him to be relieved of the burden,” she is “not there yet.”

“I haven’t started to process forgiving Amber Guyger. I know for me, my reasoning is, I don’t believe her story. I don’t believe she has been honest with the events that took place that night,” she said.

Charles-Findley has petitioned the U.S. Department of Justice to look into this case as she seeks “full accountability,” she noted.

“As his big sister, I will not stop until I just try my hardest to get full accountability for him because he deserves it. He did nothing wrong. Eating ice cream in your apartment, watching football is not a crime, no matter the color of your skin,” she said.The Justice Department didn’t immediately respond to ABC News’ request for comment.

After her conviction, Guyger’s attorney filed multiple appeals, but they were rejected by the Court of Criminal Appeals — Texas’s highest court — in 2022, according to ABC Dallas affiliate WFAA.

Unless she is released on parole, court records indicated that Guyger has a projected release date of Sept. 29, 2029.

ABC News’ Bill Hutchinson contributed to this report.

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National

Hurricane Helene live updates: 121 dead, including 35 in hard-hit county

An ABC News graphic shows the latest weather conditions and warnings in the wake of Helene, on Monday, Sept. 30, 2024. — ABC News

(NEW YORK) — The storm surge, wind damage and inland flooding from Hurricane Helene have been catastrophic, flooding neighborhoods, stranding residents, destroying homes and toppling trees in Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee.

Dozens have been killed.

Helene, which made landfall in Florida’s Big Bend region Thursday night as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record.

Here’s how the news is developing:

Storm ‘unprecedented’ for western North Carolina

Helene is “an unprecedented storm” for western North Carolina, requiring an “unprecedented response,” North Carolina Gov. Roy Cooper said Monday.

“We’re dealing with a situation that is unlike anybody’s ever seen in western North Carolina,” he said.

The damage is “extensive and devastating” and is “going to require significant resources, both in the short-term and the long-term,” the governor said.

Ninety-two rescue teams are out conducting search and rescues right now, Cooper said.

More than 300 roads are closed and some bridges have been destroyed, officials said.

Over 7,000 North Carolina residents have registered for FEMA individual assistance and that money is already flowing in, according to Will Ray, director of North Carolina Emergency Management.

FEMA Administrator Deanne Criswell promised that the agency will “be here as long as it takes to finish this response and continue through the recovery.”

“We have the resources here in North Carolina to help,” Criswell said. “We will continue to send additional resources in.”

Full extent of damage still unclear: Homeland security adviser

Homeland security adviser Liz Sherwood Randall said the full extent of the damage from the hurricane is still unclear.

“It probably will take several more days, as communities begin to be opened up by the debris clearance on the roads, and we can get in, and really understand what’s happened to them,” she said.

Sherwood-Randall said about 600 people are unaccounted for.

“We’re very hopeful that some of those people just don’t have cellphones working and actually are alive,” she said.

Sherwood-Randall said 3,500 federal response personnel have been deployed to the region and additional personnel is expected to arrive in the coming days.

With communication remaining a major challenge, Sherwood-Randall said, “Today, FEMA will install 30 Starlink receivers in western North Carolina to provide immediate connectivity for those in greatest need.”

She also highlighted that in states that have received major disaster declarations, FEMA is working to distribute serious needs assistance, which gives “an immediate $750 direct payment to eligible households, to allow them to pay for essential items like food, baby formula, water, medications and other emergency supplies.”

-ABC News’ Molly Nagle

Sen. Rick Scott calls for Senate to reconvene to pass emergency aid

Sen. Rick Scott, R-Fla., is calling upon the Senate to reconvene to approve an emergency aid package for victims of Hurricane Helene.

“While I know from my experience with previous hurricanes that FEMA and [Small Business Administration] damage assessments take time, I am today urging Majority Leader Chuck Schumer to immediately reconvene the U.S. Senate when those assessments are completed so that we can pass the clean supplemental disaster funding bill and other disaster relief legislation, like my Federal Disaster Tax Relief Act, needed to ensure the full recovery of families in all impacted communities,” Scott said in a statement Monday.

Any additional funding, beyond the funding approved by President Joe Biden and able to be drawn down from FEMA, would need to be approved by both chambers of Congress.

The Senate let out on Wednesday after approving a stopgap funding bill to keep the government funded through Dec. 20. The Senate is not scheduled to return until Nov. 12. The House is also out of session and would need to return to approve any aid.

-ABC News’ Allison Pecorin

How to help

Click here for a list of charities and organizations that are supporting relief efforts, including the Red Cross and Americares.

Trump visits hard-hit Valdosta, Georgia

Former President Donald Trump visited hard-hit Valdosta in southern Georgia on Monday to distribute supplies and “stand in complete solidarity with … all of those suffering in the terrible aftermath of Hurricane Helene.”

“Valdosta has been ravaged,” Trump said. “The town is, very, very badly hurting, and many thousands are without power. They’re running low on food and fuel. We brought a lot of it down with us.”

“We’ll continue to help until you’re bigger, better, stronger than ever before,” Trump said.

The former president held a “moment of silence and prayer” for those killed in the storm.

Twenty-five people in Georgia have died in the storm, Gov. Brian Kemp said.

Trump said he’ll also visit North Carolina as the state works to recover from Helene.

Biden plans to visit storm zone Wednesday or Thursday

President Joe Biden said Monday that Helene is “not just a catastrophic storm — it’s a historic, history-making storm.”

Biden said he will travel to the impact zone as soon as possible, ideally Wednesday or Thursday. He said he’s been told it’d be disruptive to visit immediately, and he does not want to interfere with these areas accessing the relief they desperately need.

“Communities are devastated. Loved ones waiting, not sure if their loved ones are OK, and they can’t contact them because there’s no cellphone connections. Many more folks displaced have no idea when they’ll be able to be return to their home, if ever, if there’s a home to return to,” he said.

“There’s nothing like wondering, ‘Is my husband, wife, son, daughter, mother, father, alive?’ And many more who remain without electricity, water, food and communications,” he said.

Biden said he’s directed his team “to provide every available resource as fast as possible.”

Biden vowed, “We’re not leaving until the job is done.”

Helene ‘spared no one’ in Georgia, governor says

Hurricane Helene “literally spared no one” in Georgia, Gov. Brian Kemp said Monday.

Twenty-five people in Georgia have died in the storm, Kemp said. The victims include: a 27-year-old mother and her 1-month-old twin boys, who died when a tree fell on their home; Leon Davis, an assistant fire chief from Blackshear, who died when a tree fell on his car while he was responding to a call; and a 7-year-old boy and a 4-year-old girl who died when a tree fell on their burning house, he said.

More than 500,000 customers in Georgia remain without power after Helene damaged over 5,000 poles, the governor said. Kemp said Georgia Power officials are calling Helene the most devastating storm they’ve faced.

Former President Donald Trump is scheduled to visit hard-hit Valdosta, Georgia, on Monday.

35 dead, hundreds unaccounted for in hard-hit Buncombe County, North Carolina

Thirty-five people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.

County officials said people will go door-to-door to check on those who have been reported missing.

Shelters are at capacity, officials said.

The city of Asheville has partnered with Verizon to establish a temporary cellphone tower, officials said.

-ABC News’ Alex Faul and Jessica Gorman

600 people still unaccounted for in hard-hit Buncombe County, North Carolina

Six-hundred people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.

County officials said people will go door-to-door to check on those who have been reported missing.

Thirty people in Buncombe County have been confirmed dead from the hurricane, the sheriff said Sunday.

Buncombe County remains under a state of emergency.

-ABC News’ Jessica Gorman

Helene remnants move into mid-Atlantic

After dumping more than 30 inches of rain on North Carolina and producing the biggest local flood in recorded history, the remnants of Helene are forecast to move on Monday into the mid-Atlantic.

As southeastern United States worked to clean up from Helene, some of its remnants are moving into Mid-Atlantic today with heavy rain forecast for West Virginia, Virginia and Maryland.

There is an elevated flood threat on Monday in Virginia and West Virginia, where the already saturated ground could get additional 1 to 2 inches of rain, which could produce flash flooding.

-ABC News’ Max Golembo

Harris planning visit to communities impacted by Helene

Vice President Kamala Harris intends to communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official.

Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.

At a rally in Las Vegas on Sunday, Harris addressed those who were impacted by the hurricane by sending her “thoughts and prayers” and thanking first responders.

“I know that everyone here sends their thoughts and prayers for folks who have been so devastated in Florida, in Georgia, the Carolinas and other impacted states. And we know that so many have been impacted. Some have died, but I want to thank everyone for doing everything you can to think about them,” Harris said. “Send them your thoughts and your prayers. I want to thank the first responders who have done so much. I stand with these communities for as long as it takes to make sure that they are able to recover and rebuild.”

-ABC News’ Gabriella Abdul-Hakim, Fritz Farrow and Will McDuffie

Gov. DeSantis says power restored to all but 111K in Florida

Florida Gov. Ron DeSantis shared a major update on power restoration progress in the state on Sunday.

DeSantis said a post on X that most customers who lost power after Hurricane Helene made landfall in Florida’s Big Bend area last week, have had their electricity restored.

The governor said power was back for 2.3 million customers, and 99% of the state has power.

He added that power remains out for 111,000 customers.

Biden intends to visit hurricane zone this week

President Joe Biden spent his Sunday evening receiving briefings on the damage from Hurricane Helene, and speaking to local officials from the impacted areas.

In a statement, the White House said Biden intends to travel to the impacted areas this week, “as soon as it will not disrupt emergency operations.”

Additionally, Biden spoke by phone Sunday with Georgia Gov. Brian Kemp, North Carolina Gov. Roy Cooper, Valdosta, Georgia, Mayor Scott Matheson and Taylor County, Florida, emergency management director John Louk, according to the White House.

The president also reached out to additional officials across North Carolina, Tennessee, Florida and South Carolina.

“In each conversation, the President received updates on response and recovery efforts, and he shared how the Biden-Administration will continue providing support to impacted communities – for as long as it takes,” the White House said in the statement.

-ABC News’ Sarah Kolinovsky

Trump to visit Valdosta, Georgia

Former President Donald Trump is scheduled to visit Valdosta, Georgia, on Monday to receive a briefing on the damage caused by Hurricane Helene, help distribute supplies and deliver remarks, his campaign said.

President Joe Biden said Sunday that the photographs showing Hurricane Helene’s damage are “stunning.”

When asked by reporters about his message to the victims, Biden said, “It’s tragic.”

“My FEMA advisor is on the ground in Florida right now. … We’re working hard,” Biden said.

Asked by ABC News if there are more resources the federal government could be providing, Biden responded, “No, we’ve given them. We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet.”

-ABC News’ Michelle Stoddart

25 dead in South Carolina

Hurricane Helene’s impact on South Carolina has been “devastating,” and the storm has claimed the lives of 25 people in the state, Gov. Henry McMaster said Sunday.

“We don’t want to lose any more,” McMaster said.

Nearly 1.3 million customers lost power in South Carolina at Helene’s peak. As of Sunday afternoon, more than 800,000 customers remain in the dark.

The governor emphasized that power companies are working around the clock to restore electricity. Thousands of workers are on the ground, but downed trees tangled in power lines are delaying efforts, he said.

-ABC News’ Jason Volack

FEMA sending more search and rescue teams to North Carolina

FEMA Director Deanne Criswell said the agency is sending more search and rescue teams to western North Carolina, where residents are facing “historic” flooding from Hurricane Helene.

“I don’t know that anybody could be fully prepared for the amount of flooding and landslides that they are experiencing right now. But we have had teams in there for several days. We’re sending more search and rescue teams in there,” Criswell told CBS’ Face the Nation.

Gov. Roy Cooper described Hurricane Helene’s damage in western North Carolina as “catastrophic.”

“This unprecedented storm dropped from 10 to 29 inches of rain across the mountains, leading to life-threatening floods and landslides,” he said Sunday.

Water systems have been impacted and some roads have washed away, hampering the ability for officials to set up food and water distribution sites.

“We have sent bottled water in, but we also have the Army Corps of Engineers that’s getting ready to start assessments today to see what we can do to help get those water systems back online quickly,” Criswell said.

“We’re also moving in satellite communications, Starlink satellites, into the area to help facilitate the lack of communication that part of the state is experiencing,” Criswell added.

-ABC News’ Michelle Stoddart and Jason Volack

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National

Wrongful conviction of Jon-Adrian Velazquez in retired officer’s killing vacated after over 20 years

Jason Marz/Getty Images

(NEW YORK) — A New York judge on Monday vacated the conviction and dismissed the case against Jon-Adrian Velazquez, who spent more than 20 years in prison for a murder prosecutors now say he did not commit.

“Who am I? I’m a very lucky man. I’m lucky that so many people believed in me,” Velazquez, 48, who was formally released in 2021, said outside of the court.

According to Manhattan District Attorney Alvin L. Bragg’s office, two individuals committed a robbery of a gambling parlor on Frederick Douglass Boulevard in Harlem on Jan. 27, 1998. During the robbery, retired police detective Albert Ward pulled a gun and a struggle ensued with one of the armed robbers, who identified himself as “Tee.”

“Tee” shot and killed Ward, according to Bragg’s office.

The then-22-year-old Velazquez was arrested, along with Derry Daniels, and convicted for Ward’s murder at trial in 1999. He served more than 23 years in prison until his sentence was commuted in 2021. On Sept. 30, 1999, over 18 months after he was arrested, Daniels pleaded guilty to a single count of robbery in the second degree and was sentenced to 12 years in prison as a repeat felon, according to his attorneys. Daniels was released in 2008.

In 2022, the city’s Post-Conviction Justice Unit compared Velazquez’s DNA to a betting slip that “Tee” handled before shooting Ward. Velazquez’s DNA was not found on the slip. This type of DNA comparison was not available at the time of Velazquez’s trial in 1999.

According to Bragg’s office, the reinvestigation into Ward’s murder found that the DNA testing results could have impacted the jury’s consideration of other trial evidence, including Velazquez’s alibi, the lack of evidence connecting him to the crime and inconsistent witness descriptions.

Velazquez was granted clemency in 2021 by then-Gov. Andrew Cuomo and spoke with President Joe Biden as an activist for criminal justice reform.

His case is featured in the 2023 movie, “Sing Sing,” named for the prison, about a wrongfully imprisoned man who “finds purpose by acting in a theatre group with other incarcerated men,” according to A24.

“JJ Velazquez has lived in the shadow of his conviction for more than 25 years, and I hope that today brings with it a new chapter for him,” Bragg said in a statement. The reinvestigation was conducted by the Office’s Post-Conviction Justice Unit and defense counsel for Velazquez.

The creation of the Post-Conviction Justice Unit in 2022 has led to 10 vacated convictions, Bragg said.

“These convictions have deep consequences for individuals and their loved ones, compromise public safety and undermine trust in the criminal justice system, which is why this work is of the utmost importance to me,” Bragg said.

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National

Judge declines to dismiss case against ‘Rust’ armorer Hannah Gutierrez

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(NEW YORK) — A New Mexico judge has declined to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after previously dismissing the case against Alec Baldwin for evidence suppression.

Her attorneys argued in court filings that she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”

Judge Mary Marlowe Sommer denied the motion Monday following arguments during a virtual hearing Thursday. She also denied a separate motion from the defense seeking immediate release from detention.

In her ruling, Marlowe Sommer stated the issues raised by the defense did not justify a new trial or dismissal, and that in Gutierrez’s case the state did not suppress the ammunition evidence that was at the heart of Baldwin’s dismissal.

Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.

The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”

During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.

Bowles told the judge that he became aware of the ammunition — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”

“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”

He also argued the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”

“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”

Special prosecutor Kari Morrissey argued Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.

“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”

“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.

Morrissey argued the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.

“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”

In her order, Marlowe Sommer found that the state did suppress the Kenney interview and the Haag report, but that the defense failed to establish that either piece of evidence is material.

Regarding the Teske-supplied ammunition, the judge found that the state did not suppress or fail to provide her with evidence that could be favorable to her case because the live rounds were available to her and her defense in advance of and during her trial.

Marlowe Sommer also found that the state could not have suppressed other evidence related to the ammunition, including the sheriff’s office’s supplemental report and lapel footage of Teske at the sheriff’s office, before or during the trial because those items were not created until on or after the final day of Gutierrez’s trial.

Teske, a retired officer who lives in Arizona and is a friend of Gutierrez’s father, famed Hollywood armorer Thell Reed, brought the live ammunition to the Santa Fe County Sheriff’s Office at the end of Gutierrez’s trial. He said the ammunition, which was owned by Reed and from a different set, was suspected of being connected to the “Rust” set and that Gutierrez’s defense did not want the ammunition, according to lapel footage of his sheriff’s office interview played during Baldwin’s trial.

Morrissey said during Baldwin’s trial that the ammunition did not have any evidentiary value in either Gutierrez’s or Baldwin’s case. Baldwin defense attorney Luke Nikas charged that the ammunition evidence was ultimately “concealed” by being placed under a different case number and said it was “critical” evidence that was required to be disclosed.

A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.

Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.

Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.

The defense had filed an appeal in May.

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National

Ryan Routh pleads not guilty to charges alleging attempted assassination of Donald Trump

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(WEST PALM BEACH, Fla.) — Ryan Routh pleaded not guilty to federal charges in connection with an alleged attempt to assassinate Donald Trump at the former president’s golf club in Florida.

Routh, 58, appeared in federal court in West Palm Beach on Monday for his arraignment, which lasted fewer than five minutes.

Routh’s lawyers entered a not guilty plea on his behalf.

Magistrate Judge Bruce Reinhart, who notably signed off on the Mar-a-Lago search warrant in the confidential documents case, presided over the arraignment.

Routh had previously been charged with possession of a firearm as a convicted felon and possession of a firearm with an obliterated serial number for the incident that took place at Trump International Golf Club on Sept. 15.

He was indicted last week with three new charges — attempted assassination of a major presidential candidate, possessing a firearm in furtherance of a crime of violence and assaulting a federal officer — on top of the two federal firearms charges.

He is being held without bail.

Prosecutors said in court filings there is “probable cause to support additional charges which can and should be considered by the court.”

Routh possessed a list that included dates from August to October of venues where Trump had appeared or was expected to be — and is suspected to have traveled near the golf course and Trump’s Mar-a-Lago resort multiple times in the month leading up to his arrest, prosecutors said in a detention filing.

In their memo, prosecutors further revealed Routh allegedly sent a letter “several months prior” to his arrest to a civilian witness that stated, “This was an assassination attempt on Donald Trump but I failed you.”

The government argued the sole reason Routh was in West Palm Beach on Sept. 15 was “for one reason and one reason only and that was to kill the former President of the United States.”

On the day of the alleged attempted assassination, Trump was playing golf on the course when a Secret Service agent spotted a gun barrel poking out from the tree line near the sixth green, according to investigators.

The agent then fired in the direction of the rifle and saw Routh fleeing the area and entering his nearby vehicle, according to the criminal complaint filed in the case.

In the area of the tree line where the suspect was seen, agents found a digital camera, two bags, including a backpack, and a loaded SKS-style 7.62×39 caliber rifle with a scope, according to the complaint.

Trump was not harmed in the incident and was taken to a safe location by Secret Service agents.

ABC News’ Alexander Mallin contributed to this report.

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National

Hundreds of miles from landfall, Hurricane Helene’s ‘apocalyptic’ devastation unfolds

Heavy rains from hurricane Helene caused record flooding and damage in Asheville, NC, Sept. 28, 2024. — Melissa Sue Gerrits/Getty Images

(NEW YORK) — The death toll from Hurricane Helene is still climbing as Americans across the Southeast count the cost of last week’s massive storm.

The storm made landfall Thursday night as a Category 4 hurricane in Florida’s Big Bend region with sustained winds of 140 mph.

Helene intensified as it approached the U.S. coast, bringing with it devastating winds, massive flooding and enormous storm surge.

In North Carolina, extreme floods washed away homes and bridges. At one point, authorities closed 400 roads deeming them unsafe for travel. At least 30 people died and dozens are missing, state authorities said.

“This is an unprecedented tragedy that requires an unprecedented response,” North Carolina Gov. Roy Cooper said.

Members of the National Guard and relief teams from 19 states joined search and rescue missions in the state.

William Ray, the director of the North Carolina Department for Public Safety emergency management, said response teams “are working around the clock to make rescues, to access neighborhoods.”

In Asheville, there has been no cell service or water supply for several days. Zeb Smathers — the mayor of Canton, to the west of Asheville — told Good Morning America the situation was “apocalyptic, not just for Canton, but the entire region.”

The area is suffering from a total cell phone “blackout,” Smathers said, meaning residents are unable to check on loved ones or urge those at risk from further flooding to evacuate.

Parts of North Carolina were inundated with up to 30 inches of rain, triggering deadly flash floods and landslides.

In Lake Lure in the west of the state, resident George Carter told Good Morning America: “When you turn the corner and you see your community just full of buildings and trash and floating boathouses and floating homes, it just sort of takes your breath away.”

“It was scary,” he added.

Adam Jackon, from Tyron, North Carolina, said neighbors were trapped by falling trees.

There were “probably 50 trees blocking my neighbors from coming out,” he said. “I started helping them yesterday, the neighbors at the other end of the road. We got us out, but the other neighbors are trapped.”

The Painter family from Asheville, meanwhile, returned home to find 35,000 gallons of water in their basement. “It’s eerie,” Jacob Painter said. “I had a pit in the bottom of my stomach the whole time.”

“You’re stepping on mud and trying not to fall because it’s so thick and slippery,” Ciara Lantz-Painter said.

Randall Houghton spoke with Good Morning America near a devastated motorhome site. His camper was washed away by floodwaters, he said, forcing him to spend the night on the side of the road.

“It’s crazy,” said Houghton. “I anticipated something bad when she said the water is going to come over the top of the parking tables.”

At least two people were killed in Tennessee, though that number may rise as search and rescue efforts continue. More than 70 people are still missing, state officials said.

Among them is Steve Cloyd, whose jeep was found in the aftermath of the storm, according to his family.

His family’s hope, wife Keli told Good Morning America, is that Steve was able to escape the vehicle. “I need that big one, so I can breathe again, so my kids can breathe again,” she said.

“His Minnesota Vikings won today. So I want to sit here and watch those highlights with him.”

ABC New’s Joel Lyons, Dom Proto, Octavio Cadenas, Alex Colletta and Kimberly Randolph contributed to this report.

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