The Milwaukee County Courthouse in Milwaukee, Wisconsin, US, on Friday, April 25, 2025. Jamie Kelter Davis/Bloomberg via Getty Images
(MILWAUKEE) — Milwaukee County Circuit Judge Hannah Dugan, who was convicted last month of obstructing federal immigration agents at her courthouse, has resigned, according to a letter to Wisconsin Gov. Tony Evers.
In the letter, Dugan vowed to keep fighting her case but added that Wisconsin citizens “deserve to start the year with a judge on the bench in Milwaukee County Branch 13 rather than have the fate of that Court rest in a partisan fight in the state legislature.”
“As you know, I am the subject of unprecedented federal legal proceedings, which are far from concluded but which present immense and complex challenges that threaten the independence of our judiciary. I am pursuing this fight for myself and for our independent judiciary,” Dugan wrote in the letter, dated Saturday.
Dugan was accused of obstructing official Department of Homeland Security removal proceedings and knowingly concealing an undocumented man from immigration authorities at a courthouse in April. Following a weeklong trial in December, a jury found Dugan guilty of obstructing federal agents and not guilty of concealing an undocumented immigrant from arrest during the courthouse incident.
A sentencing date has not been set. She faces a maximum penalty of five years in prison.
Dugan defended her record as a judge in the letter, writing, “Behind the bench I have presided over thousands and thousands of cases — with a commitment to treat all persons with dignity and respect, to act justly, deliberatively, and consistently, and to maintain a courtroom with the decorum and safety the public deserves.”
“Beyond the bench I have attended hundreds and hundreds of community events, listening to Milwaukee County residents voice their justice system experiences and concerns — as jurors, witnesses, litigants, victims, and justice-impacted citizens who care about our courts,” she continued.
She said her “faith in God and in our legal system leads me to trust that in the long run justice will be served for our independent judiciary and for me.”
According to federal prosecutors, Dugan encountered federal agents who were at the Milwaukee County Circuit Court on April 18, 2025, to arrest Eduardo Flores-Ruiz, who was appearing in her courtroom on a battery charge.
Prosecutors say that after speaking to the agents, Dugan directed them to the chief judge’s office down the hall and then sent Flores-Ruiz and his attorney out a non-public door in an attempt to help him evade arrest on immigration violations. Flores-Ruiz was ultimately captured outside the court building after a brief foot chase and later deported.
The Wisconsin Supreme Court had suspended Dugan in the wake of her arrest, stating in an order that it found it was “in the public interest that she be temporarily relieved of her official duties.”
Sen. Mark Kelly, a Democrat of Arizona, and his wife, former Rep. Gabby Giffords, appear on ABC News’ “Good Morning America,” Jan. 6, 2026. ABC News
(NEW YORK) — Sen. Mark Kelly said he would “absolutely not” have changed his message to U.S. troops about not following illegal orders, despite now knowing that it would result in a censure.
Secretary of Defense Pete Hegseth censured Kelly, a Democrat of Arizona, on Monday for “conduct [that] was seditious in nature,” referring to a video Kelly participated in in November that told United States service members they have a right to refuse unlawful orders.
Hegseth alleged that Kelly “counseled members of the Armed Forces to refuse lawful orders” in the video. Kelly and others who participated in the video have disputed that claim.
“Let me make this perfectly clear, though, Gabby and I are not people that back down,” Kelly said on Tuesday during an appearance with his wife, former Rep. Gabby Giffords, on “Good Morning America.” “From anything, from any kind of fight.”
The administrative action, which is a less consequential action than a court-martial, will result in a reduction in rank and Kelly’s retirement pay, a process Hegseth says will take 45 days.
The video prompted fierce criticism from President Donald Trump, who called it “seditious behavior” and said the Democrats involved — who previously served in the military or in the intelligence community — should be “in jail.”
Kelly, who sits on the Senate’s Armed Services and Intelligence committees, said in the interview that aired on “GMA” on Tuesday that his original message was intended to be “nonpartisan.”
He said he would have expected the president to agree with his statements, describing a potential presidential response, saying, “Of course, you don’t follow illegal orders.”
“But not this guy,” Kelly said, referencing Trump, “because he looks at this as maybe somehow as a threat to his authority.”
Kelly and the other five Democrats involved in the November video directed at military members have defended their message as being in line with the Uniform Code of Military Justice and the Constitution.
At one point after the original message was posted, Trump said their action could be “punishable by death.” He also shared a social media post calling for participants in the video to be hanged. But he later said, “I’m not threatening death, but I think they’re in serious trouble.”
“I said something the president and Pete Hegseth did not like and, because of that, the president said I should be hanged, I should be prosecuted,” Kelly said on “GMA” on Tuesday. “This is un-American and this sends a chilling message.”
On Monday, Kelly said he will fight any punishment.
“Pete Hegseth wants to send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way,” Kelly said in a statement.
Kelly in an interview on “The Daily Show” that aired on Monday evening said he might be able to file an appeal with the military over the changes to his retirement. He also raised the prospect of filing a federal lawsuit, saying he would do “everything appropriate in this circumstance to make sure that they know this is unacceptable.”
ABC News’ David Brennan, Chris Boccia and Isabella Murray contributed to this report.
Columbus police released video footage of a person of interest walking in an alley near the the Tepes’ house in the early hours of Dec. 30, 2025. (Columbus Police Department)
Spencer and Monique Tepe were found shot to death in their Columbus home on Dec. 30, Columbus police said. Two small children were found safe inside, police said.
Authorities said they believe the couple was killed between 2 a.m. and 5 a.m. on their home’s second floor.
Detectives on Monday shared what they called “recovered video footage” of a person walking in an alley near the victims’ house during that 2 a.m. to 5 a.m. timeframe. The grainy video shows the person of interest in jeans and a black hooded jacket, apparently with their hands in their pockets.
“We know there are questions and concerns,” police said. The department said tips are coming in, and they are “working diligently to solve this case.”
Meanwhile, the relatives of Spencer and Monique Tepe are mourning and waiting for answers.
“Makes no sense as to how somebody could do this,” Monique Tepe’s brother, Rob Misleh, told ABC News’ “Good Morning America.” “What kind of person can take two parents away from such young children, and just two beautiful people away from this earth?”
The police ask that anyone who could help identify the person of interest call 614-645-2228. Anonymous tips can be submitted to Central Ohio Crime Stoppers at 614-461-8477.
Jeffrey Epstein is seen on the images released on December 19, 2025 by the US Department of State. (US Justice Department/Anadolu via Getty Images)
(CHICAGO) — The Department of Justice said in a new court filing Monday night that there are more than 2 million documents “potentially responsive” to the Epstein Files Transparency Act that are presently in various phases of review.
Federal prosecutors said that “in the next few weeks ahead” about 400 department attorneys in Washington, D.C., New York and Florida “will dedicate all or a substantial portion of their workday to the Department’s efforts to comply with the Act.”
The effort will tap DOJ lawyers from the Criminal and National Security Divisions and will also include assistance from more than 100 FBI analysts experienced with handling sensitive victim materials, according to the letter from Jay Clayton, the U.S. Attorney for the Southern District of New York, to U.S. District Judge Paul Engelmayer.
“Many of the attorneys dedicated to this review from the Department have experience in victim-privacy related matters, which is necessary given the nature of the materials and the types of documents that require careful redaction,” Clayton wrote. “While the commitment of Department personnel to this effort has been substantial in breadth and impressive in effort, substantial work remains to be done.”
The letter does not indicate a total page count for the millions of records under review and provides no specific time frame for when the DOJ expects to complete the work or when to expect its next public disclosure. The deadline set by Congress for the release of all the Epstein-related investigative files was Dec. 19.
Thus far, the DOJ says it has posted to its “DOJ Epstein Library” 12,285 documents totaling about 125,000 pages.
The filing from the DOJ follows ABC News’ reporting last week that the DOJ had recently identified over 5 million records that may be subject to disclosure under the law.
In a footnote to the court filing Monday, the DOJ indicates that it expects that a “meaningful portion” of about 1 million newly identified FBI records may be duplicative of others already collected by the DOJ for review, but those documents “nonetheless still need to undergo a process of processing and deduplication.”
Clayton’s Monday letter also notes that the DOJ has received “dozens” of inquiries from alleged victims and their representatives requesting that materials already posted to the DOJ’s website be further redacted to protect the privacy interests of the victims.
The DOJ will be modifying its procedures going forward “to better ensure the protection of victim identifying information,” according to the court filing.
“The Department remains committed to providing as much protection to the privacy interests of victims and their relatives as is practicable,” the letter states.
Venezuela’s President Nicolas Maduro is escorted by U.S. Drug Enforcement Agents after arriving in New York City, January 3, 2026. Obtained by ABC News
(NEW YORK) — Ousted Venezuelan leader Nicolas Maduro and his wife, Cilia Flores, made their initial appearance in Manhattan federal court on Monday following their capture by U.S. forces in a military operation in the Venezuelan capital of Caracas, with Maduro claiming, “I am innocent.”
Maduro told the court he is “still president of my country” and his attorney signaled they may try to assert Maduro is entitled to protection from prosecution as head of a sovereign state.
There are “issues about the legality of his military abduction,” his attorney Barry Pollack said.
Maduro and Flores — who are being held in federal custody at MDC-Brooklyn — appeared in front of Judge Alvin Hellerstein at noon.
When he entered the courtroom, Maduro greeted the spectators, saying, “Buenos dias.” Maduro was escorted into the courtroom in shackles and orange jail slippers and sat two seats away from his wife.
The couple wore headphones to hear the court-provided interpreter.
When Maduro took his seat next to Pollack, he immediately began writing on a notepad. Flores sat next to her attorney, Mark Donnelly.
Maduro stood before the judge.
“Are you, sir, Nicolas Maduro Moros?” Hellerstein asked.
Maduro declared, through an interpreter, “I am the president of Venezuela.” He added, “I was captured at my home in Caracas, Venezuela,” before the judge interrupted and told him there would be time later to challenge his custody.
Maduro then affirmed he is who the judge said he is.
Hellerstein read Maduro the standard rights.
Maduro said, through an interpreter, “I did not know of these rights. Your Honor is informing me of them now.”
“How do you plead to the indictment?” Hellerstein asked.
Maduro responded, “I am innocent. I am not guilty. I am a decent man. I am still president of my country.”
Secretary of State Marco Rubio has said he believes Maduro is not the legitimate president of the country. That was also the position of the Biden administration, which offered a $25 million reward for his arrest in January 2025.
“I am innocent. I am not guilty of anything mentioned here,” Maduro responded, through an interpreter, when asked to repeat his plea to the charges.
Hellerstein then turned to Maduro’s wife.
“I am Cilia Flores,” she said. “I am first lady of the Republic of Venezuela.”
Hellerstein interjected, saying, “The purpose today is just to ask you who you are.” The judge then explained her rights to remain silent and to be represented by an attorney.
“Yes I understand and I’ve heard it,” Flores said.
Asked how she pleaded to the three counts of the indictment she faces. Flores responded, “Not guilty — completely innocent.”
“As citizens of the state of Venezuela, you have the right to consult with consular officials,” Hellerstein informed Maduro and Flores.
“We understand it and we would like to have such consular visits,” Maduro said.
Maduro took notes during the proceeding and he asked the judge for permission to keep them.
Maduro and Flores did not ask for bail. The judge said he is open to receiving a bail application in the future, but the couple will otherwise remain detained at MDC-Brooklyn.
Donnelly said Flores was injured during the military operation and requested a medical briefing. A bruise was evident on Flores’ head.
“She sustained significant injuries. There’s worry she may have a fracture or severe bruising on her ribs,” Donnelly said.
As Maduro was being led from the courtroom, someone in the gallery stood and shouted in Spanish, in part, “You will pay in the name of Venezuela.”
Maduro stopped and responded in Spanish, “I am the elected president. I am a prisoner of war. I will be free.”
The next court date is set for March 17.
Before Monday’s hearing, dueling groups of protesters gathered across the street from the courthouse, One group held signs urging President Donald Trump to “Free President Maduro,” and the other supported of his capture.
Maduro and Flores are among six defendants named in a four-count superseding indictment that accused them of conspiring with violent, dangerous drug traffickers for the last 25 years. Maduro has long denied all the allegations.
Maduro’s son, two high-ranking Venezuelan officials and an alleged leader of the Tren de Aragua criminal gang are the other defendants.
Trump said on Saturday that the U.S. “successfully carried out a large-scale strike against Venezuela” in which Maduro and Flores were “captured and flown out of the Country.”
Trump said the operation was carried out in conjunction with U.S. law enforcement. Members of Congress said the military, which sources said included the elite Delta Force, was in place to support that law enforcement operation.
In a move that alarmed some observers, Trump, who campaigned on “America First” and against foreign entanglements, said during a press conference at Mar-a-Lago the U.S. would “run” Venezuela for an unspecified “period of time.”
He said a team comprised of some of his Cabinet officials along with a local team in Venezuela would be “running the country” because there is “nobody to take over.”
“We’ll run it properly. We’ll run it professionally. We’ll have the greatest oil companies in the world go in and invest billions and billions of dollars and take out money, use that money in Venezuela, and the biggest beneficiary are going to be the people of Venezuela,” Trump said.
Venezuelan Vice President Delcy Rodriguez has been sworn in as interim leader to lead the country after what the Venezuelan Supreme Court described as Maduro’s “kidnapping.”
Rodriguez demanded Maduro’s return and vowed to defend Venezuela against American aggression.
On Sunday, Rodriguez posted a statement to social media in which she appeared to soften her tone, inviting “the U.S. government to collaborate with us on an agenda of cooperation oriented towards shared development within the framework of international law to strengthen lasting community coexistence.”
Trump told reporters on Sunday that the U.S. is “in charge” of Venezuela.
The president said he had not yet spoken to Rodriguez. Asked if he wanted to, Trump said, “At the right time, I will.”
ABC News’ Meghan Mistry and Hannah Demissie contributed to this report.
Venezuela’s President Nicolas Maduro is escorted by U.S. Drug Enforcement Agents after arriving in New York City, January 3, 2026. Obtained by ABC News
The couple — who are being held in federal custody at MDC-Brooklyn — appeared in front of Judge Alvin Hellerstein. Maduro was escorted into the courtroom in shackles and orange jail slippers and is sitting two seats away from his wife.
Maduro and Flores wore headphones to hear the court-provided interpreter.
When Maduro took his seat next to defense attorney Barry Pollack, he immediately began writing on a notepad. Flores sat next to her attorney, Mark Donnelly.
Maduro stood before the judge.
“Are you, sir, Nicolas Maduro Moros?” Hellerstein asked.
Maduro declared, through an interpreter, “I am the president of Venezuela.” He added, “I was captured at my home in Caracas, Venezuela,” before the judge interrupted and told him there would be time later to challenge his custody.
Maduro then affirmed he is who the judge said he is.
Hellerstein read Maduro the standard rights.
Maduro said, through an interpreter, “I did not know of these rights. Your Honor is informing me of them now.”
“How do you plead to the indictment?” Hellerstein asked.
Maduro responded, “I am innocent. I am not guilty. I am a decent man. I am still president of my country.”
“I am innocent. I am not guilty of anything mentioned here,” Maduro responded, through an interpreter, when asked to repeat his plea the charges.
Hellerstein then turned to Maduro’s wife.
“I am Cilia Flores,” she said. “I am first lady of the Republic of Venezuela.”
Hellerstein interjected, saying, “The purpose today is just to ask you who you are.” The judge then explained her rights to remain silent and to be represented by an attorney.
“Yes I understand and I’ve heard it,” Flores said.
Asked how she pleaded to the three counts of the indictment she faces. Flores responded, “Not guilty — completely innocent.”
Maduro and Flores are among six defendants named in a four-count superseding indictment that accused them of conspiring with violent, dangerous drug traffickers for the last 25 years. Maduro has long denied all the allegations.
Dueling groups of protesters have gathered across the street from the courthouse; one is holding signs urging President Donald Trump to “Free President Maduro,” and the other is supportive of his capture.
More people protesting against what they call “illegal kidnapping” are expected to arrive shortly before the court appearance.
Maduro’s son, two high-ranking Venezuelan officials and an alleged leader of the Tren de Aragua criminal gang are the other defendants.
Trump said on Saturday that the U.S. “successfully carried out a large-scale strike against Venezuela” in which Maduro and Flores were “captured and flown out of the Country.”
Trump said the operation was carried out in conjunction with U.S. law enforcement. Members of Congress said the military, which sources said included the elite Delta Force, was in place to support that law enforcement operation.
In a move that alarmed some observers, Trump, who campaigned on “America First” and against foreign entanglements, said during a press conference at Mar-a-Lago the U.S. would “run” Venezuela for an unspecified “period of time.”
He said a team comprised of some of his Cabinet officials along with a local team in Venezuela would be “running the country” because there is “nobody to take over.”
“We’ll run it properly. We’ll run it professionally. We’ll have the greatest oil companies in the world go in and invest billions and billions of dollars and take out money, use that money in Venezuela, and the biggest beneficiary are going to be the people of Venezuela,” Trump said.
Venezuelan Vice President Delcy Rodriguez has been sworn in as interim leader to lead the country after what the Venezuelan Supreme Court described as Maduro’s “kidnapping.”
Rodriguez demanded Maduro’s return and vowed to defend Venezuela against American aggression.
On Sunday, Rodriguez posted a statement to social media in which she appeared to soften her tone, inviting “the U.S. government to collaborate with us on an agenda of cooperation oriented towards shared development within the framework of international law to strengthen lasting community coexistence.”
Trump told reporters on Sunday that the U.S. is “in charge” of Venezuela.
The president said he had not yet spoken to Rodriguez. Asked if he wanted to, Trump said, “At the right time, I will.”
ABC News’ Meghan Mistry and Hannah Demissie contributed to this report.
Vice President JD Vance speaks on the final day of Turning Point USA’s annual AmericaFest conference at the Phoenix Convention Center on December 21, 2025 in Phoenix, Arizona. (Photo by Caylo Seals/Getty Images)
(CINCINNATI) — A man was taken into custody after allegedly breaking windows at Vice President JD Vance’s home in Ohio, the Secret Service said on Monday.
The suspect, 26-year-old William Defoor of Cincinnati, allegedly damaged the victim’s car and four windows at the house, according to the arrest report.
“The residence was unoccupied at the time of the incident, and the Vice President and his family were not in Ohio,” the Secret Service said.
The suspect was physically detained by Secret Service personnel just after midnight. He’s been charged with vandalism, obstruction of a official business and criminal trespass, according to the Hamilton County Sheriff’s office.
Vance spoke out on social media, expressing his gratitude to the Secret Service and Cincinnati police for responding quickly.
“As far as I can tell, a crazy person tried to break in by hammering the windows,” Vance said.
Vance and his wife, Usha, purchased the home for about $1.4 million in 2018 in Cincinnati’s East Walnut Hills neighborhood, which sits along the Ohio River and east of downtown, according to the Hamilton County Auditor’s Office.
Venezuela’s President Nicolas Maduro is escorted by U.S. Drug Enforcement Agents after arriving in New York City, January 3, 2026. Obtained by ABC News
The couple is expected to appear in front of Judge Alvin Hellerstein at 12 p.m. ET. Both are currently being held in federal custody at MDC-Brooklyn.
Maduro and Flores are among six defendants named in a four-count superseding indictment that accused them of conspiring with violent, dangerous drug traffickers for the last 25 years. Maduro has long denied all the allegations.
Texas lawyer Mark Donnelly is representing Flores, according to a notice filed Monday with the court. Donnelly is admitted to practice in Texas but applied for pro hac vice admission to represent her in New York.
Maduro has retained attorney Barry Pollack, according to a notice on the court docket posted Monday. Pollack previously represented Wikileaks founder Julian Assange.
Neither defense attorney immediately responded to ABC News’ request for comment.
Dueling groups of protesters have gathered across the street from the courthouse; one is holding signs urging President Donald Trump to “Free President Maduro,” and the other is supportive of his capture.
More people protesting against what they call “illegal kidnapping” are expected to arrive shortly before the court appearance.
Maduro’s son, two high-ranking Venezuelan officials and an alleged leader of the Tren de Aragua criminal gang are the other defendants.
Trump said on Saturday that the U.S. “successfully carried out a large-scale strike against Venezuela” in which Maduro and Flores were “captured and flown out of the Country.”
Trump said the operation was carried out in conjunction with U.S. law enforcement. Members of Congress said the military, which sources said included the elite Delta Force, was in place to support that law enforcement operation.
In a move that alarmed some observers, Trump, who campaigned on “America First” and against foreign entanglements, said during a press conference at Mar-a-Lago the U.S. would “run” Venezuela for an unspecified “period of time.”
He said a team comprised of some of his Cabinet officials along with a local team in Venezuela would be “running the country” because there is “nobody to take over.”
“We’ll run it properly. We’ll run it professionally. We’ll have the greatest oil companies in the world go in and invest billions and billions of dollars and take out money, use that money in Venezuela, and the biggest beneficiary are going to be the people of Venezuela,” Trump said.
Venezuelan Vice President Delcy Rodriguez has been sworn in as interim leader to lead the country after what the Venezuelan Supreme Court described as Maduro’s “kidnapping.”
Rodriguez demanded Maduro’s return and vowed to defend Venezuela against American aggression.
On Sunday, Rodriguez posted a statement to social media in which she appeared to soften her tone, inviting “the U.S. government to collaborate with us on an agenda of cooperation oriented towards shared development within the framework of international law to strengthen lasting community coexistence.”
Trump told reporters on Sunday that the U.S. is “in charge” of Venezuela.
The president said he had not yet spoken to Rodriguez. Asked if he wanted to, Trump said, “At the right time, I will.”
ABC News’ Meghan Mistry and Hannah Demissie contributed to this report.
Crosses dedicated to the 21 victims of the 2022 mass shooting at Robb Elementary are placed in front of the school on Monday, Feb. 26, 2024 in Uvalde. (Aaron E. Martinez/Austin American-Statesman via Getty Images)
(CORPUS CHRISTI, Texas) — Nearly four years after a gunman killed 19 students and two teachers in a Texas elementary school, a jury is set to decide whether a police officer should be held criminally responsible in connection with one of the worst school shootings in American history.
Jury selection begins Monday in the trial of former Uvalde school police officer Adrian Gonzales, charged with allegedly placing more than two dozen children in “imminent danger” by failing to respond to the crisis as it unfolded.
Prosecutors allege that Gonzales, one of the first of nearly 400 officers to respond to the rampage, failed to engage the shooter despite knowing his location, having time to respond and being trained to handle active shooters. It ultimately took 77 minutes for law enforcement to mount a counter-assault that would kill the gunman.
Ever since the shooting tore apart Uvalde on May 24, 2022, families of the victims have been seeking accountability and answers. Many have argued their children might have been saved had police confronted the gunman more quickly.
The trial, being staged 200 miles from Uvalde in Corpus Christi, marks an exceedingly rare instance of prosecutors seeking to convict a member of law enforcement for a response to a school shooting.
Prosecutors in June 2024 charged both Gonzales and Uvalde schools Police Chief Pete Arredondo — the on-site commander on the day of the shooting — with multiple counts of endangerment and abandonment of a child.
Gonzales and Arredondo are the only officers charged. Both have pleaded not guilty.
Investigations have determined that Salvador Ramos, 18, acted alone in carrying out the massacre. He was killed on-site at Robb Elementary School.
Gonzales was charged with 29 felony counts, one for each of the 19 fourth-graders who died in the shooting and 10 students who survived in classroom 112.
According to the indictment, he “failed to engage, distract or delay the shooter” after hearing the gunshots and learning about the shooter’s location.
Arredondo was charged with 10 felony counts for allegedly endangering the 10 survivors by delaying the law enforcement response and not following active shooter protocols.
Arredondo and Gonzales were charged at the same time, but Gonzales will be facing trial first and alone.
Arredondo’s case has been delayed indefinitely by an ongoing federal lawsuit filed after the U.S. Border Patrol refused repeated efforts by Uvalde prosecutors to interview Border Patrol agents who responded to the shooting, including two who were in the tactical unit responsible for killing the gunman at the school.
Each count carries a maximum of two years in prison, though judges and juries in Texas have broad discretion in imposing sentences, according to Sandra Guerra Thompson, a criminal law professor at the University of Houston Law Center.
“There’s a lot of different ways that this could go,” she said. “All the children who were so horrifically killed that would seem to motivate a longer sentence for anyone who is found to have some fault.”
Ahead of trial, prosecutors issued at least 75 subpoenas to potential witnesses, including police officers, teachers, and families of victims, according to court filings.
More than 20 members of the elite Texas Rangers, 16 members of the Uvalde Consolidated Independent School District, and multiple physicians from nearby hospitals have received subpoenas, according to court filings.
In the attempt to make their case against Gonzales, prosecutors turned to a child endangerment law more commonly used to prosecute negligent parents or caretakers responsible for things like leaving a child in a hot car or without supervision at a beach. The law has rarely been used against police officers, experts noted, because of the difficulty in proving they had a legal obligation to the children.
“The critical issue here is whether the individual has a duty to act,” said Thompson, the law professor in Houston.
According to Houston-based defense attorney Nicole DeBorde Hochglaube, prosecutors will need to establish that Gonzales had a legal duty — not just a moral obligation — to intervene and that he failed to follow his training for active shooter scenarios.
“The jury is going to have the nasty task of looking through some horrible things to determine if he had the duty to act,” she said, referencing evidence such as body camera footage and frantic 911 calls from the shooting.
Legal experts who spoke with ABC News noted that Gonzales’ role as a responding officer — not the commander or case agent at the scene — could make it tough to convince the jury the man’s conduct amounted to a crime.
If prosecutors can secure a conviction, it would mark the first time that a police officer has been held accountable for how they carried out their duties at a mass shooting to which they responded.
Prosecutors rarely attempt to charge police officers who have responded to mass shootings, according to Phil Stinson, a professor at Bowling Green State University in Ohio, who maintains a database of police officers who have been arrested. Of the 25,000 arrests since 2005 included in the database, Stinson identified only two prosecutions similar to those against Gonzales and Arredondo.
Defense attorneys for Gonzales have argued he is being unfairly scapegoated for a crime he didn’t commit and that he did all he could to save and rescue children who were in imminent danger.
“Those precious souls were stolen by a monster that day, but that monster was not Adrian [Gonazales],” defense attorney Nico LaHood told ABC affiliate KSAT in San Antonio. “He was there, he was present. He was going into danger. And so the narrative of the government is something we’re going to contest highly, and that’s going to be the point of contention before this jury.”
Court filings shed little light on the case Gonzales’ lawyers will mount, though attorneys have signaled plans to use drone footage from Robb Elementary to assist them.
“The factual circumstances of this case intricately entail the timing and spatial proximity of the actors and events unfolding at Robb Elementary school on the day of the murders,” attorneys wrote in a court filing.
(DENVER) — More than 100 firefighters battled a massive five-alarm fire Friday evening in Denver at an apartment building construction site — about the size of a city block — working for hours to keep the flames from spreading to nearby structures, officials said.
One firefighter was injured battling the fire and taken to the hospital, the Denver Fire Department told ABC News.
There were no other injuries immediately reported.
The fire spurred evacuation orders for nearby residents.
By late evening, the fire was largely under control but not fully extinguished. Officials estimated the blaze was about 70% contained, with pockets of deep-seated fire still burning inside the structure. Firefighters were expected to remain on scene through the night to fully suppress hot spots.
The building, which was in the early to mid-stages of construction, was primarily made of wood, with some plastic materials used in wrapping and construction.
