Category: National

(MEMPHIS, Tenn.) — A former Memphis police officer who pleaded guilty to charges connected to the beating death of Tyre Nichols faced cross-examination from defense attorneys Wednesday.

Emmitt Martin III testified at the trial of the three former officers — Justin Smith, Tadarrius Bean and Demetrius Haley — who 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, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.

Stephen Leffler, Haley’s attorney, mentioned that the boots of the ex-officers involved in the encounter were taken into evidence after the incident, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom. Martin said that blood was found on his and Haley’s shoes.

Martin Zummach, Young’s lawyer, claimed that the no-snitch rule the former officer’s unit followed didn’t apply to Smith or Bean because they had only worked 11 shifts with Martin. The ex-officer disagreed and said the rule was understood by Smith and Bean as well.

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

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. 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 said on Monday that on Jan. 7, 2023, the night Nichols was pulled over, he saw the Memphis resident speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.

Leffler asked Martin why he said, “Let go of my gun,” during the encounter with Nichols. Martin said that he felt pressure on his duty belt, according to WATN. But Martin also pointed out that he had previously told prosecutors that Nichols was not trying to take the weapon out of his holster and had not seen him do it.

The defense said Tuesday that Martin changed his story of what happened the night of their encounter with Nichols after accepting a plea deal from the prosecution, adding that if the ex-officer’s testimony leads to the conviction of even one defendant, Martin could receive a lesser sentence, according to WATN.

Defense attorneys questioned if Martin was lying on the stand to fulfill the terms of his plea deal, according to WATN. But the ex-officer responded by claiming that he was lying in earlier statements to justify his use of force on Nichols.

In police reports filed the night of Nichols’ arrest, narratives read that the Memphis resident swung at officers and tried to grab Martin’s gun. Martin said on Tuesday that he never saw that occur, according to WATN.

Under cross-examination on Tuesday, Martin was asked by John Keith Perry, Bean’s attorney, whether he had ever told Bean that he had “homicidal thoughts.” Martin said he never told that to Bean and had told that to Justin Smith before coming back to work in January 2023 after being hit by a car in November 2022, according to WATN. Martin said Wednesday he never told his former supervisor, about those thoughts.

Martin said Tuesday that he experienced four life-threatening injuries after being struck by the vehicle and was diagnosed with post-traumatic stress disorder, suffering from loss of sleep, paranoia, irritability and chronic headaches, according to WATN.

Martin told prosecutors Monday that he was scared, angry and eager to show he could still do the job and wanted revenge for being hit by a car, according to WATN.

Body-camera footage shows that Nichols fled after police pulled him over 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. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.

Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.

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

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 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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(CHIPPEWA FALLS, Wis.) — More than two dozen people were injured, including three critically, after a wagon overturned at an apple orchard in Wisconsin, authorities said.

The incident was reported Wednesday morning at Bushel and a Peck Apple Orchard in Chippewa Falls.

Elementary school-age children, parents and other chaperones were on a field trip at the time and were on a wagon ride, according to Chippewa County Sheriff Travis Hakes.

A tractor was pulling two wagons at a “low speed” on a public road when the accident occurred, Hakes said.

One of the wagons began to lose control and turn sideways as it descended a hill and overturned, resulting in injuries to both children and adults, Hakes said.

“It’s a traumatic day for a lot of people,” Hakes told reporters during a press briefing Wednesday afternoon.

Emergency personnel were dispatched for a “tractor accident involving two hay wagons with kids and adults,” Chippewa Fire District Deputy Chief Cory Jeffers told reporters.

The fire department activated its mass casualty protocol so that outside agencies could help respond to the incident, Jeffers said. One helicopter from the Mayo Clinic was called in, he said.

Twenty-five individuals were transported from the scene to various agencies, Jeffers said. One patient was transported via the helicopter and nine via ambulance, Hakes said. Some were also transported in personal vehicles, he said.

Three people have life-threatening injuries and five have serious injuries, according to Hakes.

Marshfield Medical Center-Eau Claire received seven patients from the incident who are being treated for minor to serious injuries, a spokesperson confirmed to ABC News.

Hakes said he believes all patients are in stable condition.

Authorities did not release additional details on the victims, including how many were children.

Hakes called the incident “heart-wrenching.”

“As a parent myself, it’s a parent’s greatest fear that something happens to their children,” he said.

He said he responded to the scene and helped calm the children and reunite them with their parents.

“The children were extremely brave, very resilient,” he added.

The scene has since been cleared, Jeffers said. All of the children who were still at the scene have been reunited with their families, he added.

The children attended St. Mark Lutheran School in Eau Claire, the school’s principal confirmed.

“At this point, we are focusing on reuniting the children with their caregivers,” Principal Peter Micheel said in a statement to ABC News. “Whenever we face a challenging time, we commit everything to the Lord’s care and trust his guiding hand.”

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ABC News left a message with the orchard seeking comment.

Chippewa Falls is located about 12 miles northeast of Eau Claire.

ABC News’ Alexandra Faul contributed to this report.

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(LOS ANGELES) — Firefighters are nearing victory in the battles against three major wildfires near Los Angeles that have burned more than 117,000 acres, destroyed nearly 200 structures and injured 23 people, officials said.

More than 8,000 firefighters combating the Bridge, Line and Airport fires, all burning within 70 miles of each other, have significantly increased containment lines around the blazes while taking advantage of cooler weather in Southern California over the past week, officials said.

The biggest fire, the Bridge Fire, had charred 54,795 acres as of Wednesday after igniting Sept. 8 in the Angeles National Forest, 31 miles east of downtown Los Angeles, according to the California Department of Forestry and Fire Protection (Cal Fire). The blaze was 37% contained on Wednesday, Cal Fire said.

“Conditions were calm last night as firefighters continued their diligent work in strengthening containment lines and validating their progress,” Cal Fire said in an updated statement on the Bridge Fire Wednesday, adding that firefighting helicopters were not needed overnight.

The Bridge Fire in Los Angeles and San Bernardino counties has destroyed 75 structures, including at least 33 homes in Wrightwood and Mt. Baldy, and injured four people, officials said.

The cause of the blaze remains under investigation.

The Line Fire

Firefighters upped containment on the Line Fire in San Bernardino County to 50% on Wednesday, keeping it to “minimal fire growth overnight,” according to Cal Fire. Like the other active blazes in the Los Angeles area, the Line Fire has been fueled by extremely dry vegetation, officials said.

Since it was ignited by a suspected arsonist on Sept. 5, the Line Fire has burned 39,181 acres, according to Cal Fiire. The blaze has damaged four structures, destroyed one and injured four people, including three firefighters, authorities said.

“Firefighters are strengthening control lines and mopping up hot spots,” Cal Fire said.

The fire prompted California Gov. Gavin Newsom to deploy the state National Guard to support the ongoing response.

Newsom declared a state of emergency on Sept. 11 to free up resources in an effort to bring the three fires under control.

Justin Wayne Halstenberg, a 34-year-old man from Norco, California, was identified as the suspect who started the Line Fire, the San Bernardino County Sheriff’s Department said in a statement. During a video arraignment on Tuesday, Halstenberg pleaded not guilty to 11 counts of arson, including aggravated arson and causing great bodily injury.

The Airport Fire

The Airport Fire — which broke out on Sept. 9 in an unincorporated area of Orange County and spread to Riverside County — had burned 23,519 acres as of Wednesday, according to Cal Fire. The blaze is 35% contained.

“Firefighters are prioritizing continued fire line construction and reinforcement by adding more layers of protection in problem areas,” Cal Fire said in a fire update.

The fire has been the most destructive of the three blazes, destroying 160 structures, including homes and businesses, and damaging 34 others, according to Cal Fire. At least 15 people, including two firefighters, were injured, Cal Fire said.

The Airport Fire was sparked by county public works crews working on a fire prevention project by trying to move boulders to prevent public access — mostly by motorcyclists — to an area of the canyon with a lot of dry vegetation that could ignite easily, officials told ABC Los Angeles station KABC.

According to the National Interagency Fire Center, more than 24,000 firefighters were battling 55 large active wildfires across the nation on Wednesday.

So far in 2024, 37,269 wildfires have erupted across the country, burning more than 7.3 million acres, up from 2.1 million acres at this time last year, according to the fire center.

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(NEW YORK) — Harvey Weinstein pleaded not guilty Wednesday to a new indictment charging him with criminal sex act in the first degree.

He was wheeled into a Manhattan courtroom wearing a black suit, white shirt and tie.

The former movie mogul is charged in the new indictment based on the allegations of a woman who said he sexually assaulted her on one occasion in 2006 at a Manhattan hotel.

He is also charged in a previous New York State Supreme Court indictment with criminal sexual act in the first degree and rape in the third degree, the Manhattan District Attorney’s Office said.

“Thanks to this survivor who bravely came forward, Harvey Weinstein now stands indicted for an additional alleged violent sexual assault,” Manhattan District Attorney Alvin Bragg said in a statement.

Weinstein, 72, missed his last court date after being rushed to the hospital for emergency heart surgery.

The Manhattan District Attorney’s Office presented to the grand jury allegations of three separate women who said Weinstein sexually assaulted them. Their allegations were not part of the initial trial of Weinstein that ended in a conviction, which was later overturned on appeal.

“We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” a spokeswoman for Manhattan District Attorney Alvin Bragg said in a statement earlier this year, when the conviction was overturned.

Weinstein has denied all claims of sexual misconduct, saying his encounters were consensual.

The new indictment comes months after the New York Court of Appeals overturned his 2020 sex crimes conviction. He had been found guilty of criminal sexual assault and third-degree rape and sentenced to 23 years in prison.

In a scathing 4-3 opinion in April, the court found the trial judge “erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes.”

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(CHIPPEWA FALLS, Wis.) — More than two dozen people were injured in a tractor accident at an apple orchard in Wisconsin, authorities said.

The incident was reported Wednesday morning at Bushel and a Peck Apple Orchard in Chippewa Falls.

Emergency personnel were dispatched for a “tractor accident involving two hay wagons with kids and adults,” Chippewa Fire District Deputy Chief Cory Jeffers told reporters.

The fire department activated its mass casualty protocol so that outside agencies could help respond to the incident, Jeffers said. One helicopter from the Mayo Clinic was called in, he said.

Twenty-five individuals were transported from the scene to various agencies, Jeffers said.

Details on the ages of the victims, including how many were children, were not immediately available.

Marshfield Medical Center-Eau Claire received seven patients from the incident who are being treated for minor to serious injuries, a spokesperson confirmed to ABC News.

The scene has since been cleared, Jeffers said.

All of the children who were still at the scene have been reunited with their families, he added.

ABC News left a message with the orchard seeking comment.

Chippewa Falls is located about 12 miles northeast of Eau Claire.

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(PAWLET, Ver.) — A man, his wife and her 13-year-old son were found shot to death at their Vermont home, state police said, with authorities looking for a suspect.

Officers responded to a report of a “suspicious person” early Sunday, Vermont State Police said. The investigation led them to a home in the town of Pawlet, where they found the three victims dead, police said.

State police identified the victims on Tuesday as Brian Crossman Sr., 46, who was a Pawlet government official; his wife, Erica Crossman, 41; and her son and his stepson, Colin Taft, 13.

All three died from gunshot wounds and their deaths have been ruled as homicides by the Vermont Chief Medical Examiner’s Office, state police said. Brian Crossman was shot in the head and torso, Erica Crossman was shot in the head and her son had multiple gunshot wounds, state police said.

No one is in custody in connection with the homicides, Vermont State Police said Tuesday.

“Initial work by detectives indicates this was an isolated event with no identified threat to the community,” state police said.

No additional details are available at this time amid the ongoing investigation, police said.

Brian Crossman had joined the Pawlet Select Board this year, where he served as a liaison to buildings and development and to the town’s highway department, according to the town’s website.

Flowers were left in his honor at the Pawlet Town Hall ahead of a board meeting Tuesday night, Albany, New York, ABC affiliate WTEN reported.

Pawlet Select Board Chair Mike Beecher remembered him as a “friend and neighbor” and a “hardworking community member.”

“This tragedy that struck him and his family has also hit our community hard, and we are shaken and grieving,” Beecher said in a statement Tuesday. “Our hearts go out to everyone affected by this devastating loss. The town of Pawlet will work to get through this as we always get through hard times, by supporting each other and doing our best to carry on.”

Pawlet, a town of about 1,400 people, is located in western Vermont on the New York state line.

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(HILO, Hawaii) — Hawaii’s Kilauea volcano, one of the most active in the world, is erupting again, prompting a volcano watch alert in surrounding areas, according to officials.

The eruption is occurring within a remote area of Hawaii Volcanoes National Park, according to the U.S. Geological Survey’s (USGS) Hawaiian Volcano Observatory.

Lava began flowing from a new fissure vent that opened from east to west within the volcano’s Nāpau Crater early Tuesday morning, the USGS said.

Several lava fountains about 32 feet high and pools of lava on the floor of the crater were observed by helicopters flying over the eruption Tuesday morning.

A separate fissure west of the Nāpau Crater began emitting lava on Monday, stopping after a few hours and then resuming activity later that evening, according to the USGS, which also noted that the eruption was preceded by a sequence of below-ground earthquakes.

About 17 earthquakes were detected beneath the Kilauea summit region between Monday and Tuesday. The earthquakes occurred at depths between .6 and 1.9 miles below the ground surface, the USGS said.

The USGS issued a volcano watch – known as a code orange – which means that an eruption is either likely or occurring but with no, or minor, ash.

There is no immediate threat to life or infrastructure, but residents nearby may experience volcanic gas emissions related to the eruption, the USGS said.

Yet hazards remain around the Kilauea caldera from the instability of the Halemaʻumaʻu crater wall, the USGS said. Ground cracking and rockfalls can be enhanced by earthquakes.

Volcanic smog, known as vog, presents airborne health hazards to people and livestock and has the potential to damage agricultural crops and other plants, according to the USGS.

The USGS further warned that additional ground cracking and outbreaks of lava around the active and inactive fissures in Kilauea are also possible.

Another potential hazard is Pele’s hair, a volcanic glass formation produced from cooled lava that’s stretched into thin strands. The USGS warns that winds could carry lighter particles from the strands downwind. Contact with the particles can cause skin and eye irritation, according to the USGS.

Eruptions at Kilauea have been destructive in the past. In 2018, more than 600 properties were destroyed by heavy lava flow that stretched from the Kilauea summit to the ocean.

Unusual eruptions that were described as being similar to a “stomp-rocket toy,” a children’s toy that involves launching a rocket into the air after stomping on the release mechanism, contributed to the severity of the lava flow and could potentially impact future eruptions, according to a paper published earlier this year in Nature Geosciences.

The area surrounding the rim of Kilauea’s Halemaʻumaʻu crater has been closed to the public since 2008 due to the hazards.

ABC News’ Bonnie Mclean contributed to this report.

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(NEW YORK) — A search is underway in New York City for two suspects, including one dressed all in pink, who allegedly crashed an empty subway train after brazenly walking into a station and stealing it, authorities said.

The theft of the train in the nation’s largest subway system unfolded amid the deployment of additional police officers to the subway system to combat a surge in crime. New York Gov. Kathy Hochul even deployed National Guard troops as part of a five-point plan to protect subway riders.

According to a New York Police Department incident report, the thieves, a man and a woman, stole the empty train just after midnight on Thursday at the Briarwood subway station in the borough of Queens, according to police.

“These two individuals entered an unoccupied train and operated it, causing a collision and damage to the train,” according to the NYPD incident report.

No injuries were reported and the suspects fled the area on foot, according to police.

No arrests have been announced as of Wednesday morning, police said.

The duo was caught on surveillance cameras walking through the empty train at Briarwood station before taking it on a short joy ride, police said.

One of the alleged thieves was described as a woman with a medium build and medium complexion, according to police.

“She was last seen wearing a pink shower cap, a pink sleeveless shirt, pink shorts, and carrying a pink handbag,” according to the incident report.

Her accomplice was described by police as a man with a slim build and light complexion, He was dressed in a blue tank top, red shorts and carrying a black backpack.

It was at least the second theft of a New York City subway train in less than eight months.

On Dec. 30, 2023, a group stole empty trains parked in a restricted area near the Forest Hills-71st Avenue subway station in Queens. Authorities said the group entered the operators’ compartments of two lead train cars before driving them northbound.

Amidst a 45% year-over-year spike in New York City transit crime in January, mostly due to grand larcenies, Hochul deployed 1,000 state workers, including 250 state police troopers and Metropolitan Transportation Authority Police members, to assist the NYPD in enhanced baggage checks at heavily trafficked areas of the subway system.

Hochul also directed the New York National Guard to make 750 members, who are currently part of the Joint Task Force Empire Shield, available to help check subway riders’ bags for weapons.

According to the most recent NYPD crime statistics, transit crime as of Sunday is now down 5.4% from this time in 2023.

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(NEW YORK) — Haitian migrants residing in Springfield, Ohio, shared with ABC News their harrowing experiences of living in constant fear, expressing deep concerns about their safety that prevent them from venturing outside their homes.

In a town of more than 58,000 residents, threats of bombings and shootings led to the closure of city buildings and schools for several days. Wittenberg University canceled all activities on Sunday and classes on Monday as a precautionary measure.

James Fleurijean, a Haitian Community Help & Support Center member, stated that the continual spread of false and divisive statements from prominent politicians was fostering an environment of fear.

“I know some parents like for this period of time they’re trying to keep their children home, like, by the time they see how things gonna be, like, wait for a couple of weeks to see if things that are calm down, or if things gonna escalate,” Fleurijean said. “You see, that’s why, like some parents, they don’t even send their children to school, like, for this week.”

Politicians, including former President Donald Trump, have heightened their fears. At the presidential debate with Vice President Kamala Harris last week, Trump claimed, “In Springfield, people are resorting to eating dogs, cats, and other household pets.”

Trump did not specify the ethnicity of the migrants he claimed were eating pets in Springfield, but on X, his running mate JD Vance continuously raised the issue of Haitian illegal immigrants draining social services.

“Kamala Harris dropped 20,000 Haitian migrants into a small Ohio town and chaos has ensued,” Vance said on X.

Vance appeared on NBC’s Meet the Press and informed reporters that Ohio locals have been lodging complaints for at least a year now.

“I have heard firsthand from multiple constituents – people who made 911 calls a month ago, a year ago, who were making these complaints,” Vance said. “I trust my constituents more than I do the American media that has shown no interest in what’s happened in Springfield until we started sharing cat memes on the Internet.”

ABC News spoke with a 28-year-old Haitian man who wanted to remain anonymous. He said he had come to Springfield from New Jersey less than a year ago to search for work. While waiting for ABC News, a passerby yelled “TRUMP” at him, he said.

The man mentioned that he used to see a lot of Haitians on the street, but he doesn’t see them anymore. He believes they are afraid. He mentioned that the Haitian community has felt terrorized.

Ohio’s Republican Gov. Mike DeWine has dismissed the rumors about Haitian immigrants eating pets as nonsense. He says the discussion has to stop and the focus should be on moving forward, not dogs and cats.

“Ohio is on the move, and Springfield has really made a great resurgence with a lot of companies coming in,” DeWine said. “These Haitians came in to work for these companies. They’re very happy to have them there. And, frankly, that’s helped the economy.”

The majority of the 12,000 to 15,000 migrants who have arrived in Springfield over the past four years are from Haiti, according to the city of Springfield. These Haitian migrants left their country due to gang-related violence and poverty, in search of stability, safety, and job opportunities. They came to the U.S. under the Temporary Protected Status designation.

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(NEW YORK) — Harvey Weinstein’s criminal sexual assault case is scheduled to return on Wednesday to a Manhattan courtroom — and if Weinstein shows up he will be arraigned on a new indictment.

The charges remain sealed until Weinstein appears. The former movie mogul missed his last court date after being rushed to the hospital for emergency heart surgery.

The Manhattan District Attorney’s Office presented to the grand jury allegations of three separate women who said Weinstein sexually assaulted them. Their allegations were not part of the initial trial of Weinstein that ended in a conviction, which was later overturned on appeal.

“We will do everything in our power to retry this case, and remain steadfast in our commitment to survivors of sexual assault,” a spokeswoman for Manhattan District Attorney Alvin Bragg said in a statement earlier this year, when the conviction was overturned.

Weinstein has denied all claims of sexual misconduct, saying his encounters were consensual.

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