National

Six killed after car crashes off elevated roadway, catches fire in Newark

Douglas Sacha/Getty Images/STOCK

(NEWARK, N.J.) — Six people who were traveling in a vehicle in Newark, New Jersey, were killed after the car crashed off an elevated roadway Friday night, the authorities said.

The incident took place around 10:47 p.m. at the intersection of Raymond Boulevard and Blanchard Street, where the vehicle was traveling on a southbound on-ramp, according to the Essex County Prosecutor’s office.

“While on the ramp, the vehicle somehow went off the roadway, became airborne, and struck a support column for the Pulaski Skyway before landing on the ground. Upon landing, the vehicle caught fire,” the prosecutor’s office said in a statement.

The six people who were killed were not immediately identified.

The investigation into the crash is ongoing.

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National

Family of Austin Tice says ‘a significant source’ indicates he is alive, being ‘treated well’

Alex Wong/Getty Images

(WASHINGTON) — The family of Austin Tice, the American freelance journalist and Marine Corps veteran who was kidnapped while reporting in Syria in 2012, said it has been in contact with a “significant source” that confirmed he is alive and well.

“We have from a significant source that has already been vetted all over our government that Austin Tice is alive, Austin Tice is treated well, and there is no doubt about that,” said Tice’s mother, Debra.

National security adviser Jake Sullivan met with the family of Tice, who has been missing for more than 12 years after he was abducted on Aug. 13, 2012, at the White House on Friday.

“Jake Sullivan has regularly met with the families of wrongfully detained Americans,” White House press secretary Karine Jean-Pierre said following the meeting. “We’re going to continue to make sure that we get Americans who are wrongfully detained, Americans home to their families.”

The Biden administration has successfully brought 75 unjustly detained Americans back to the United States.

Although reporters asked for more information about the source, the Tice family said it could not share more, claiming the U.S. government is restricting it from doing so for reasons the family does not understand. ABC News reached out to the family.

However, Tice’s father, Marc, said the family is “working toward” making more information public and that the source is “very different” from others who had given the family false hope in the past.

“We are confident in that this information is fresh,” he said. “It indicates as late as earlier this year that Austin is alive and being cared for.”

The U.S. government has continuously operated under the assumption that, despite his lengthy captivity and limited intelligence about his whereabouts, Tice is still alive. But its belief is primarily founded on a lack of evidence to suggest he is dead rather than evidence proving he is alive, according to multiple sources.

Questions about who exactly is holding Tice have cropped up over the past few years. The Biden administration has been careful with its wording on this, issuing statements saying that “we know with certainty that he has been held by the Government of Syria” because officials believe it is possible Tice is now in the custody of another group. However, the administration still believes the Syrian government has the power to bring about his release.

If the new source does have legitimate insight into Tice’s conditions, it stands to reason the source would likely also have information about whatever entity is holding him in custody, which could provide clues to his exact location.

The Syrian government has never publicly acknowledged playing any part in Tice’s disappearance, but during talks under the Trump administration, Syrian officials said they would provide proof of life in exchange for the United States fulfilling sweeping demands, according to officials familiar with the private negotiations. The Trump administration did not comply, and the Syrian government did not hand over any information about Tice.

The FBI has offered a reward of up to $1 million for information leading to the safe location, recovery and return of Tice.

Copyright © 2024, ABC Audio. All rights reserved.

National

‘Deny,’ ‘defend’ and ‘depose’: Police investigating words found on shell casings in CEO shooting, sources say

Kyle Mazza/Anadolu via Getty Images

(NEW YORK) — The search for an unidentified gunman who fatally shot UnitedHealthcare CEO Brian Thompson, and the investigation into a possible motive, remain ongoing Friday.

Thompson, 50, was shot Wednesday morning outside a Midtown Manhattan hotel, where the insurance group’s investors conference was being held. The masked gunman appeared to be lying in wait outside the Hilton hotel before shooting Thompson at close range, police said.

Police said they are interviewing Thompson’s colleagues and family about any potential specific threats while they investigate a motive into the shooting.

Evidence collected from the scene of the shocking shooting include shell casings with the words “deny,” “defend” and “depose” written on them, according to police sources.

ABC News contributor Brad Garrett, a former FBI agent, said he believes the shooter is “trying to send a message” through the words.

“It strikes me that it has to do with insurance companies using those terms in some of their processes of turning down claims,” Garrett told ABC News Live’s Stephanie Ramos when asked about the words. “It’s a common complaint by people of having claims denied, and so I think this shooter is trying to send a message that someone — either himself or a loved one or someone close to him — has been harmed by this insurance company.”

“There wouldn’t be, logically, any other reason,” he added.

The words on the shell casings also echo the title of a 2010 book “Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It.” Police are aware of the similarity, and are investigating whether one possible motive is anger at the insurance industry, sources said.

The book was written by legal scholar and insurance expert Jay Feinman, a professor emeritus at Rutgers Law School in New Jersey.

It explores abuses of auto and homeowners insurance to “avoid paying justified claims,” according to its summary.

“Today the name of the game is delay, deny, defend: to improve their profits, insurance companies delay payment of justified claims, deny payment altogether, and defend their actions by forcing claimants to enter litigation,” the book description states.

This strategy is not restricted to auto and homeowners insurance, the introduction states. “All insurance companies have an incentive to chisel their customers in order to increase profits,” it says.

ABC News has reached out to Feinman for comment.

In a response to a post on X that mentioned his book and the words on the shell casings, Feinman said he has “no comment” to media inquiries.

Police are working to identify the gunman in the shooting and his whereabouts.

After the shooting, the perpetrator fled on foot into an alley, where a phone was recovered, then fled on a bike, according to NYPD Chief of Detectives Joseph Kenny.

Other evidence recovered from the scene includes a water bottle and candy wrapper, police sources said.

Police have also collected video of the suspected gunman all over the city, including in the subway, in cabs and a McDonald’s, since he arrived in New York City on Nov. 24 on a Greyhound bus, sources told ABC News.

In each place, he paid with cash and he made sure to keep his mask on, which indicates to detectives he knew he was coming to the city to commit the crime, sources said.

Police have released several photos of the shooting suspect while asking for the public’s help in identifying him. They include images of him unmasked taken from a surveillance camera at an Upper West Side hostel, where it appears the suspect shared a room with two other men, according to police sources.

UnitedHealthcare’s parent company, UnitedHealth Group, the largest health insurer in the world, said they are “working closely” with the NYPD in the wake of the shooting.

“So many patients, consumers, health care professionals, associations, government officials and other caring people have taken time out of their day to reach out. We are thankful, even as we grieve,” UnitedHealth Group said in a statement on Thursday. “Our priorities are, first and foremost, supporting Brian’s family; ensuring the safety of our employees; and working with law enforcement to bring the perpetrator to justice.”

“We, at UnitedHealth Group, will continue to be there for those who depend upon us for their health care,” the statement continued. “We ask that everyone respect the family’s privacy as they mourn the loss of their husband, father, brother and friend.”

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National

18-year-old charged with killing, robbing man during meeting to buy PlayStation 5

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(HOUSTON, Texas) — An 18-year-old was arrested and charged in Houston, Texas, after allegedly killing a man during an meetup to purchase a PlayStation 5.

The Houston Police Department charged Zavion Joshua Pabon, 18, with capital murder and aggravated robbery with a deadly weapon in the shooting death of 37-year-old Tyler McGinty, who was selling the video game console.

Patrol officers responded on Nov. 24 to a report of a shooting at a hotel room at 3850 Wilcrest Drive, according to the HPD. The victim was later identified as McGinty.

McGinty was taken to an area hospital in critical condition and was pronounced dead on Nov. 28, the HPD said.

Pabon was later identified as a person of interest in the case and was arrested Thursday and charged with McGinty’s murder, according to the HPD.

According to McGinty’s mother, Tammy Smith, her son was selling a PlayStation 5 online for $350 and went to the hotel to meet with a potential buyer.

“He got his head blown off for a PlayStation 5,” Smith told ABC affiliate station KTRK in Houston.

McGinty had sold several items online, his mother said, adding that she never expected something like this to happen.

“You don’t think like that,” Smith said. “Normal people don’t do this. This isn’t a normal person. This is a very, very bad individual.”

Smith said she finds solace in knowing her son was an organ donor and that his heart continues to beat.

“It just makes me happy, and it comforts me in my time of need as a mom going through grief,” Smith said.

Pabon is currently in jail and has been denied bond, according to the Harris County Clerk’s Office. His next hearing is set for Dec. 12.

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National

Manslaughter charge dismissed in Daniel Penny trial, jury to consider negligent homicide charge

Selcuk Acar/Anadolu via Getty Images

(NEW YORK) — Judge Maxwell Wiley has dismissed the top charge of second-degree manslaughter against Daniel Penny in the death of Jordan Neely at the request of prosecutors after considering declaring a mistrial after jurors reported they continue to be deadlocked on the charge.

He said he will encourage the jury to continue deliberating on Monday the lesser charge of whether Penny committed criminally negligent homicide in the death of Neely, a homeless man, on the New York City subway last year.

Defense attorney Thomas Kenniff opposed the move, arguing the move could lead to a “coercive or a compromised verdict.” He again encouraged the judge to declare a mistrial.

This leaves the jury to deliberate the lesser count of criminally negligent homicide.

“Whether that makes any difference or not I have no idea,” Wiley said.

Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.

The city’s medical examiner concluded Penny’s chokehold killed Neely.

He was initially charged with both manslaughter and negligent homicide charges. He pleaded not guilty to both.

The jury sent two notes repeating that they could not come to a unanimous conclusion on the count.

Wiley suggested giving the jury a second Allen charge, and he gave the lawyers more time to think about next steps.

In its first note of the day, the jury in Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter.

“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.

Wiley gave the jury an Allen charge, which refers to the jury instructions given to a hung jury that encourages them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.

Penny’s lawyer, Thomas Kenniff, unsuccessfully moved for a mistrial, arguing that the Allen Charge would be “coercive.”

Wiley disagreed, saying that it was “too early” to declare a mistrial before encouraging the jury to continue their deliberations.

The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.

The second-degree manslaughter charge only required prosecutors to have proven Penny acted recklessly, not intentionally.

“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.

Yoran also told Wiley that a new trial would “ultimately [be] the case if they hang the case.”

Wiley left unanswered the question about whether the jury could move onto the second count if they are unable to reach a verdict on the first count. He said he believed the jury moving to the second count is possible but needs to find the legal authority to do so.

“I think ultimately we are going to have to answer the question of whether they can move to count two,” he said.

Twenty minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.

“Ultimately, what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.

“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.

Before the jury entered, Wiley noted how the “reasonableness” standard was established in People v. Goetz – another high-profile New York trial after Bernhard Goetz shot four teenagers on a New York subway in 1984 after they allegedly tried to rob him. A New York jury convicted Goetz for one count of carrying an unlicensed firearm but acquitted on the more severe charges, and the trial sparked a nationwide debate about race and crime that has echoed forty years later in Penny’s case.

Copyright © 2024, ABC Audio. All rights reserved.

National

Body of grandmother who fell into Pennsylvania sinkhole recovered after dayslong search

Pennsylvania State Police

(UNITY TOWNSHIP, Pa.) — The body of a missing grandmother who was swallowed by a sinkhole and fell into an abandoned coal mine in Pennsylvania was recovered Friday following a dayslong search, officials said.

Elizabeth Pollard, 64, was found in the mine Friday at approximately 10 a.m., Westmoreland County Coroner Tim Carson confirmed to ABC News. Her body will be transported to their facility for an autopsy to determine the cause and manner of death, he said.

The challenging excavation began Tuesday in Unity Township, about 40 miles southeast of Pittsburgh, after Pollard was reported missing by a family member. She had not been heard from after going out to search for her cat, police said.

The sinkhole is believed to be tied to the mine and formed while Pollard was walking in the area looking for her cat, officials said.

The dangerous search effort shifted to a recovery mission on Wednesday, when authorities surmised it was unlikely Pollard could still be alive based on the conditions underground, including oxygen levels. Search efforts had also not found any sign of life, according to Pennsylvania State Police Trooper Steve Limani, who said at the time it would be a “miracle” to find Pollard alive.

Despite the difficulties posed by the search, including the amount of dirt and unstable conditions of the mine, Limani said they would not stop searching until they found Pollard.

“I know we had a lot of hopes,” Limani said during a press briefing Wednesday evening, calling the development “difficult.”

Authorities said Thursday evening that they believed the excavator had reached the area where Pollard ended up.

Pollard was last seen Monday evening, police said. A couple hours after she was reported missing, her vehicle was located shortly before 3 a.m. Tuesday with her 5-year-old granddaughter safe inside, though Pollard was nowhere to be seen, police said.

While searching for Pollard in the area, troopers found an apparent sinkhole with an opening about the “size of a manhole” 15 to 20 feet away from the vehicle, according to Limani.

Local firefighters, a technical rescue team and the state’s Bureau of Mine Safety worked alongside an excavation team to remove dirt to access the sinkhole.

Search crews were able to make entry into the mine area amid the search, though the integrity of the mine was compromised by the water used to break up the ground, Limani said. Parts of the mine started to buckle and collapse, he said.

Crews stopped accessing the mine on Wednesday due to the danger of collapse, with the search effort shifting to cameras.

Amid the search for Pollard, Limani told reporters Thursday that they have not found her cat, Pepper. Pollard’s family also has not seen the cat, he said.

The area where the sinkhole formed has a “very thin layer of earth” and appears to have been deteriorating “for a long time,” Limani said.

Authorities were mapping other depressions in the area to prevent future accidents.

“People down here should be not afraid to walk around in their yards,” Limani said.

The mine last operated in 1952, according to the state’s Department of Environmental Protection. The depth to the coal seam in this area is approximately 20 feet, a department spokesperson said.

Once the scene is clear, the department will investigate the site “to determine if this issue is the result of historic mine subsidence,” the spokesperson said.

Copyright © 2024, ABC Audio. All rights reserved.

National

Daniel Penny jury deadlocked on manslaughter charge in subway chokehold case

Selcuk Acar/Anadolu via Getty Images

(NEW YORK) — In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.

“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.

Judge Maxwell Wiley gave the jury an Allen charge, which refers to the jury instructions given to a hung jury that encourages them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.

Penny’s lawyer, Thomas Kenniff, unsuccessfully moved for a mistrial, arguing that the Allen Charge would be “coercive.”

Wiley disagreed, saying that it was “too early” to declare a mistrial before encouraging the jury to continue their deliberations.

Since the jury got the case on Tuesday, they have deliberated for more than 20 hours.

Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.

The city’s medical examiner concluded Penny’s chokehold killed Neely.

Penny pleaded not guilty to manslaughter and negligent homicide charges.

The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.

The second-degree manslaughter charge only requires prosecutors to have proven Penny acted recklessly, not intentionally.

“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.

Yoran also told Wiley that a new trial would “ultimately [be] the case if they hang the case.”

Wiley left unanswered the question about whether the jury could move onto the second count if they are unable to reach a verdict on the first count. He said he believed the jury moving to the second count is possible but needs to find the legal authority to do so.

“I think ultimately we are going to have to answer the question of whether they can move to count two,” he said.

Twenty minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.

“Ultimately, what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.

To convict Penny of manslaughter, the jury must be convinced Penny acted recklessly and grossly deviated from how a reasonable person would behave, knowing the risk his conduct posed.

“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.

Before the jury entered, Wiley noted how the “reasonableness” standard was established in People v. Goetz – another high-profile New York trial after Bernhard Goetz shot four teenagers on a New York subway in 1984 after they allegedly tried to rob him. A New York jury convicted Goetz for one count of carrying an unlicensed firearm but acquitted on the more severe charges, and the trial sparked a nationwide debate about race and crime that has echoed forty years later in Penny’s case.

Copyright © 2024, ABC Audio. All rights reserved.

National

Migrant teens stabbed in NYC, 1 fatally, after being asked if they spoke English: Police

Smith Collection/Gado/Getty Images

(NEW YORK) — Officials say two migrant teens were victims in a New York City stabbing, one fatally, after the teens were asked if they spoke English and they responded that they didn’t.

Officials say a trio of men approached the teens around 7:40 p.m. Thursday night, when one of the men asked if the teens spoke English. When the teens said they did not, they were attacked, according to police.

Police say they responded to a 911 call for an assault in Lower Manhattan. Upon arrival, officers found a 17-year-old male with a stab wound to the chest and an 18-year-old male with a stab wound to the left arm.

Emergency medical services responded and transported both teens to the NYC Health + Hospitals/Bellevue location, according to officials.

The 17-year-old male, now identified by officials as Yeremi Colino, succumbed to his injuries and the 18-year-old male is in stable condition, the NYPD reports.

The surviving victim believed he was stabbed with a screwdriver, police said. A knife was recovered at the scene, according to police, who say they will test it for forensics.

The three suspects fled the stabbing on foot. They are described as being in their 20s with dark complexions.

One was wearing a green jacket, white pants and white sneakers. Second was wearing red pants and a red hooded sweatshirt with a black jacket, also had a black backpack. Third was wearing red sweatpants, red hooded sweatshirt, black jacket and blue and white sneakers.

There are no arrests at this time, and the investigation remains ongoing, according to police.

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National

Jury ‘unable to come to a unanimous vote’ on Daniel Penny manslaughter charge

Selcuk Acar/Anadolu via Getty Images

(NEW YORK) — In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.

“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.

Since the jury got the case on Tuesday, they have deliberated for more than 18 hours.

Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.

The city’s medical examiner concluded Penny’s chokehold killed Neely.

Penny pleaded not guilty to manslaughter and negligent homicide charges.

The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.

Judge Maxwell Wiley proposed giving the jury an Allen charge, encouraging them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.

“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.

This is a developing story. Please check back for updates.

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National

UnitedHealthcare CEO shooting suspect’s movements: A timeline of before, during, after the shooting

Police released photos of a suspect sought in the fatal shooting of UnitedHealthcare CEO Brian Thompson. NYPD

(NEW YORK) — The unidentified man suspected of gunning down UnitedHealthcare CEO Brian Thompson remains at large after the “brazen, targeted” shooting outside a Midtown Manhattan hotel on Wednesday, police said.

Here is a timeline of the suspect’s whereabouts before, during and after the shooting:

Nov. 24

The killer entered New York City by bus on Nov. 24, when a surveillance camera at Port Authority Bus Terminal caught his arrival at 9 p.m., law enforcement sources told ABC News.

The inbound bus originated in Atlanta but it was not immediately clear where the suspect boarded.

He likely checked into a hostel on New York City’s Upper West Side that day and later checked out, sources said.

Nov. 30

The suspect likely checked back into the HI New York City Hostel on the Upper West Side on Nov. 30, sources said.

Dec. 4 at 5 a.m.

At 5 a.m., nearly two hours before the shooting, the suspect was seen in surveillance footage outside the hostel on the Upper West Side, holding what appears to be an e-bike battery.

6:15 a.m.

At 6:15 a.m., surveillance footage reviewed by police shows someone who appears to be the suspect leaving a 57th Street subway station near the crime scene, police sources told ABC News.

Before the shooting

Sometime before the shooting, the suspect is spotted at a Starbucks. The exact time is not clear.

6:29 a.m.

The suspect appeared to walk past a parking lot on West 54th Street at 6:29 a.m. — across the street some 50 meters from the site of the shooting.

6:44 a.m.

At 6:44 a.m., the masked gunman fatally shot Brian Thompson in front of the north entrance to the New York Hilton Midtown.

“The shooter then walks toward the victim and continues to shoot,” NYPD Chief of Detectives Joseph Kenny said. “It appears that the gun malfunctions, as he clears the jam and begins to fire again.”

The shooter fled on foot into an alley, where a phone believed to be linked to the suspect was later recovered, police sources said.

Time unknown

The suspect then fled north on a bike and rode into Central Park, police said.

6:59 a.m.

A person appearing to be the suspect was seen just before 7 a.m. on the Upper West Side. He was riding a bicycle away from Central Park, heading west on 85th Street. He no longer had a backpack on.

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