National

Abortions fell 2% the year Supreme Court overruled Roe v. Wade: CDC

Elijah Nouvelage/AFP via Getty Images, FILE

(WASHINGTON) — The number of abortions performed in the U.S. fell slightly in 2022, the year the Supreme Court overruled Roe v. Wade, a new federal report found.

In 2022, a total of 613,383 legal abortions were reported by 48 areas. Among the 47 areas that consistently reported data from 2021 to 2022, there was a decrease of 2% from the 622,108 abortions performed in 2021 to 609,360, according to the annual abortion surveillance report, published Wednesday by the Centers for Disease Control and Prevention.

The 48 areas included 46 states, the District of Columbia and New York City, excluding California, Maryland, New Hampshire and New Jersey.

The abortion rate was 11.2 abortions per 1,000 women between ages 15 and 44 in 2022, a decrease of 3% from 11.6 abortions per 1,000 women the prior year, according to data from 46 states and New York City.

Rates were lowest in Missouri and highest New Mexico, respectively, in 2022. After Roe v. Wade was overruled, Missouri passed a near-total abortion ban with limited exceptions while abortions remained unrestricted based on gestational duration in New Mexico. However, in 2024, Missouri voters approved an amendment enshrining the right to reproductive freedom in the state constitution, including abortion care.

Dr. Adam Jacobs, medical director of the division of complex family planning at the Mount Sinai Heath System in New York, said he does not believe Dobbs v. Jackson Women’s Health — the Supreme Court decision that led to Roe v. Wade’s overruling — is a major reason why abortion rates dropped between 2021 and 2022.

“Many of the bans did not go into place or a lot of the structural changes did not go into place in the calendar year of 2022, so I don’t think you would see that impact in this report,” he told ABC News.

Jacobs said abortion numbers and rates have been decreasing for years, and key reasons include the Affordable Care Act. The law gives women more access to preventive services, including long-lasting reversible contraception.

The report found that women in their 20s accounted for more than half of abortions in 2022 and had the highest abortion rates. Comparatively, adolescents under age 15 and women aged 40 or older accounted for the lowest percentages of abortions and had the lowest abortion rates.

Between 2013 and 2022, abortion rates decreased among all age groups except for women between ages 30 and 34, for whom rates increased.

When it came to breaking down the share of abortions based on gestational age, the report found that most abortions, or 78.6%, were performed at 9 weeks gestation and nearly all abortions were performed under 13 weeks gestation.

More than half of abortions were early medication ones performed at or under 9 weeks gestation followed by surgical abortions at or under 13 weeks gestation.

Surgical abortions performed past 13 weeks gestation accounted for just 6.9% of all abortions in 2022 and medication abortion past 9 weeks gestation accounted for 4.3%.

Black women accounted for the highest percentage of abortions at 39.5% followed by white women at 31.9% and Hispanic women at 21.2%, according to the report.

Black women had the highest rate at 24.4 abortions per 1,000 women between ages 15 and 44 and white women had the lowest rate at 5.7 abortions per 1,000 women.

Jacobs said that gains have been made in providing care to marginalized groups, but factors including unequal access to quality family planning services may be why abortion rates are higher for Black women compared to white women.

“If you have access to highly effective contraception, you end up having [fewer] unintended pregnancies,” he said.

For 2022, 87.7% of abortions were among unmarried women compared to 12.3% among married women, the report found.

Additionally, a plurality of abortions, or 40.6%, were among women who had never had a previous live birth, and a majority, or 56.1%, were among those who had never received an abortion before.

In 2021, the most recent year for which data from the CDC’s Pregnancy Mortality Surveillance System were reviewed, five women died because of complications from legally induced abortions.

As of Wednesday, 13 states have ceased nearly all abortion services and four states have enacted six-week bans, according to an ABC News tally. Meanwhile, nine states and the District of Columbia have no restrictions based on gestational duration.

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National

Daughter of pilot who died in crash while rescuing dogs speaks out about his death

ABC News

(NEW YORK) — Leah Kim remembers her dad for his infectious smile and loving heart.

“His legacy is for people to live their lives with joy,” she told ABC News.

Seuk Kim, 49, was a pilot, animal rescuer and father of three. He began flying during the pandemic and, having a passion for animals, he started rescuing dogs.

“He stumbled across a rescue organization in which pilots could fly animals, dogs, cats, bunnies, you name it,” his daughter said.

On Sunday, Seuk Kim was flying three dogs from Maryland to a shelter in upstate New York when he hit turbulence and poor visibility.

He requested to change altitude, but his plane crashed near Albany. Seuk Kim and one of the dogs he was transporting didn’t survive the crash.

But 18-month-old Pluto was found nearby with minor injuries, as well as Whiskey, who dug a hole in the snow despite having two broken legs.

Pluto and Whiskey are only two of the hundreds of dogs Seuk Kim has rescued in recent years.

There’s nothing he loved more, according to his daughter.

“Over the summer, I actually flew a rescue mission with him,” Leah Kim said. “As much attention as he was paying to flying, he was looking back every couple minutes at the dogs, and he was smiling. And I don’t think I’ve ever seen him smile that much.”

His daughter added that she had wanted pomegranates for months and while she was at work on Saturday, her dad went out, got her one, took out all the seeds and put them in a little container.

“I was crying while I was eating them, but I wasn’t sad at all, because it was just a reminder that he’s always in our lives,” she said. “He’s always looking out for us. He’s still providing even though he’s gone.”

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National

Search called off for missing Oregon woman and her 2 dogs

Clackamas County Sheriff’s Office

(WELCHES, Ore.) — The search for a missing hiker and her two dogs in Oregon’s Salmon-Huckleberry Wilderness was suspended late Tuesday after four days, officials said.

However, authorities said they are continuing to gather information and establish a timeline leading up to the disappearance of 61-year-old Susan Lane-Fournier, and said it remains an active missing person’s investigation.

“Based on weather conditions and the likelihood of survivability, the decision was made to suspend operations after all four volunteer search teams returned from the field,” the Clackamas County Sheriff’s Department said in a statement.

“From Saturday through Tuesday, dozens of search volunteers, drone teams, and air-scent and trailing K9s spent more than 800 search hours looking for Ms. Lane-Fournier,” the department said.

Investigators are now looking to speak with anyone who saw Lane-Fournier or has information about her whereabouts in the week leading up to her disappearance.

Lane-Fournier was believed to be hiking with her two large Malinois-mix dogs. She was thought to be in the Green Canyon Way Trail area of Welches in Oregon, according to the sheriff’s department.

Lane-Fournier was reported missing after failing to show up at work.

Deputies did not find Lane-Fournier at her residence after she was reported missing by her employer. A community member saw her white 1992 Ford F-250 parked along a road near the trail a day later.

Lane-Fournier, who also goes by the name Phoenix, is 5-foot-2, weighs 150 pounds and has reddish-brown hair.

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National

Ohio governor signs transgender bathroom ban for students

Gaelen Morse/Bloomberg via Getty Images

(COLUMBUS, Ohio) — Republican Ohio Gov. Mike DeWine has signed a transgender bathroom ban for students into law.

The law requires students in the state’s K-12 schools, as well as colleges and universities, to use the restroom or facility that aligns with their sex assigned at birth.

The law notes it is not intended to prevent schools from building single-occupancy facilities and does not ban someone of the opposite gender from entering to help another person.

Ohio joins at least 14 other states in banning transgender people from using bathrooms that align with their gender identity, according to the Human Rights Campaign.

Supporters say the ban eases concerns about student’s privacy and protection. Critics of the bill say it creates unfounded fears about transgender students and may instead put trans students in danger of discrimination or violence.

DeWine’s office previously declined ABC News’ request for comment ahead of the bill’s signing. He told reporters this past summer that he has to look at “specific language” in the legislation.

“I’m for people, kids, to be able to go to the bathroom with the gender assignment so that they have that protection, but I’ll have to look at the specific language,” DeWine told reporters.

Transgender health care, bathroom access, sports participation and more have been a key focus for Republican legislators nationwide in recent years — a wave that has prompted hundreds of anti-LGBTQ bills in the 2024 legislative session alone, as tracked by the American Civil Liberties Union.

DeWine has gone against state Republican legislators on transgender issues in the past. He vetoed a transgender youth care ban bill in December 2023, which would have restricted gender-affirming puberty blockers, hormone therapy or surgeries.

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

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National

Thanksgiving week forecast: Where snow, rain is heading in the US

ABC News

(NEW YORK) — Snow and rain are in the forecast for some parts of the U.S. as travelers hit the road and head to the airport for Thanksgiving.

Here’s your weather forecast for the holiday week:

Wednesday

Heavy snow is hitting the Colorado Rocky Mountains on Wednesday.

Avalanche danger is high due to the combination of heavy snow and strong winds gusting up to 55 mph.

Rain is targeting the Interstate 70 corridor in Kansas and Missouri on Wednesday.

The rain will move into Illinois and Indiana in the afternoon. By the evening, the rain will push into Ohio, Kentucky and Tennessee.

This storm will be expanding overnight as it heads east for Thanksgiving.

Meanwhile, the entire South is enjoying well above average temperatures in the 70s and 80s. Houston could near its daily record high of 84 degrees.

Thanksgiving

Spectators heading to the Macy’s Thanksgiving Day Parade in New York City should bring umbrellas and raincoats, as the parade will be rainy with temperatures in the 40s. The breeze could reach 15 mph.

The rain will stop in Washington, D.C., by noon and in New York City by 4 p.m. The rain will continue in Boston until about 9 p.m.

Meanwhile, snow will be falling Thursday morning in Ohio, Pennsylvania and upstate New York.

By the afternoon and evening, the heavy snow will reach Maine and the Green and White mountains in Vermont and New Hampshire.

The rain and snow from this storm will be done by Friday morning.

Friday

Friday will be dry and tranquil across the country.

But temperatures will fall below average across the Northeast, the Midwest and the South — and it’ll stay chilly through the weekend and into next week.

Saturday and Sunday

Weekend snow is possible in Missouri and Kentucky, while lake effect snow is forecast for the Great Lakes.

Some parts of upstate New York could see 1 to 3 feet of snow through Monday morning.

About 6 to 12 inches of snow is possible at the Buffalo Bills’ Orchard Park, New York, stadium by the time the Bills host the San Francisco 49ers on Sunday.

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National

Daniel Penny’s subway chokehold trial: The key takeaways

Michael M. Santiago/Getty Images

(NEW YORK) — The prosecution and defense are preparing for Monday’s closing arguments in the Daniel Penny trial as it comes to a close after a break for the Thanksgiving holiday.

Penny put Jordan Neely, 30, a homeless man, in a fatal 6 minute-long chokehold after Neely boarded a subway car acting erratically.

Penny, 25, is charged with manslaughter and negligent homicide in the May 2023 choking death of Neely on the New York City subway. He pleaded not guilty.

Here are the key takeaways from the trial so far:

The prosecution’s argument

Prosecutors argue that Penny, a former Marine trained in martial arts, should have known that his chokehold maneuver was turning fatal, arguing that Penny held onto Neely “for far too long” — more than 5 minutes after the train pulled into the station and passengers were able to exit.

Neely entered a moderately crowded subway car on an uptown F train at the Second Avenue stop and began yelling and moving erratically, when Penny put Neely in a chokehold. Thirty seconds later, the train arrived at the next station and essentially all the passengers left the train car.

Footage of the interaction between Penny and Neely, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.

“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” Assistant District Attorney Dafna Yoran said in her opening statements. “Jordan Neely took his last breaths on the dirty floor of an uptown F train.”

Prosecutors further argued that while Penny may be an “honorable veteran” and “nice young man,” he used too much force for too long and was reckless with Neely’s life because “he didn’t recognize his humanity.”

She later continued, “Under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary and for only as long as is absolutely necessary. And here, the defendant went way too far.”

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

The defense’s argument

Defense attorney Thomas Kenniff countered that Penny sought to protect passengers, claiming he was responding to Neely’s “unhinged rage.”

“This is a case about a young man who did for others what we would want someone to do for us,” Kenniff said. “It doesn’t make him a hero, but it doesn’t make him a killer.”

Penny claims to have heard Neely say “I will kill,” said Kenniff, who has said there was no opportunity for his client to de-escalate or stop Neely from the harm he was threatening.

Borrowing from “a bit” of martial arts training he received in the Marine Corps, Penny put Neely into a chokehold without intending to kill him, the defense said, but to hold him until police arrived.

“His conduct was consistent with someone who values human life and that’s why he was trying to protect it so fiercely,” the defense attorney said.

Kenniff insisted his client “does not want to use any more force than is necessary,” but Neely “aggressively resisted” while in Penny’s grip. He said Penny thought Neely, who police say was unarmed, might have a weapon as he waited for police.

Daniel Penny’s interview with police

Jurors saw body camera video that had not yet been publicly released of Penny’s initial encounter with police, more than 4 minutes after he let go of Neely.

On the first day of the trial, the jury saw the officer’s body-worn camera footage that captured the attempts to save Neely and showed his lifeless body on the subway floor.

When searched for weapons, the only thing officers found in Neely’s pockets was a muffin. Nothing else was found in the jacket, Officer Teodoro Tejada confirmed.

Penny is heard saying, “I put him out,” when the officer asked what happened. To prosecutors, the footage — which had not been seen publicly until the trial — is evidence Penny disregarded Neely’s basic humanity.

The defense used Tejada’s testimony to suggest to the jury Penny did not behave like a criminal by fleeing the scene.

“Did he appear cooperative?” the lawyer asked.

“Yes,” the officer replied.

“It didn’t appear that he had anything to hide?” Kenniff asked.

“No,” Tejada said.

Video of Jordan Neely’s subway chokehold death

In a video taken by then-17-year-old high school student bystander Ivette Rosario, a witness can be heard calling out to Penny, “He’s dying…you need to let him go.” Others are heard yelling on the clip to “get the cops!”

Rosario testified that she did not hear anyone say that Neely is “dying” at the time and it’s not clear whether Penny heard it either.

Man who helped restrain Neely testifies
A Bronx man who helped Penny restrain Neely ”jumped in and tried to help” so Penny could release his chokehold, according to the man’s testimony.

Eric Gonzalez, who is seen in video footage holding Neely by the wrist, boarded the subway and noticed Penny holding down Neely “with his legs around his waist and his arm around his neck.” Gonzalez testified he did not know why Penny was restraining Neely but he heard people yelling to call for the police.

Gonzalez said he waved his hands in front of Penny’s face to get his attention.

“I said, ‘I will grab his hands so you can let go,’” Gonzalez told the jury. “Just giving him a different option to hold his arm — well, to restrain him until the police came.”

Prosecutors asked Gonzalez to clarify: “If I held his arm down, he could let go of his neck,” he said.

Gonzalez said he watched Neely’s body go limp and let go of him before Penny did the same.

“I tried to shake Jordan Neely to get a response out of him, feel for a pulse, and then I walked away,” Gonzalez said.

Conflicting testimony about the cause of death

Dr. Cynthia Harris of the city’s Chief Medical Examiner’s Office conducted Neely’s autopsy in 2023 and ruled Neely’s death a homicide, with the cause of death as “Compression of neck (chokehold).”

She testified at the trial that “the consensus was unanimous” in the medical examiner’s office that Neely had died from the chokehold, according to Associated Press reporting: “There are no alternative reasonable explanations,” she said.

Forensic pathologist Satish Chundru disputed that determination in his testimony in defense of Penny, according to the AP, arguing that Neely died from “combined effects” of his schizophrenia, synthetic marijuana, a blood condition and his efforts to struggle against Penny.

“In your opinion, did Mr. Penny choke Mr. Neely to death?” defense lawyer Steven Raiser asked, according to AP.

“No,” replied Chundru.

Prosecutors argued that Chundru’s testimony departed from medical literature and his own opinion in similar cases, but Chundru testified that the cases were not comparable to this one, according to the AP.

Marine Corps instructor who trained Penny testifies

According to the AP, Joseph Caballer, the combat instructor who trained Penny, said that Penny was taught how to knock a person unconscious — but that the technique could kill someone if held too long. He argued that someone performing the technique is supposed to let go when the person is rendered unconscious, and testified that Penny used the chokehold in an “improper” manner when asked by prosecutors.

However, the defense claims Penny did not use a strong enough hold to kill Penny, the AP reports.

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National

Feds arrest Arizona man who allegedly threatened to kill Trump, visited campaign rally in August

Brandon Bell/Getty Images

(WASHINGTON) — Federal authorities have arrested an Arizona man after he allegedly posted videos online threatening to kill President-elect Donald Trump and his family.

In the videos, posted on Facebook in recent months, Manuel Tamayo-Torres issued an array of bizarre and outlandish claims about Trump, but he also apparently brandished an AR 15-style rifle and other weapons in the videos, and in August he recorded his trip to an arena in Glendale, Arizona, as Trump was holding a campaign rally there, according to charging documents filed in the case.

While the charging documents only refer to Trump as “Individual 1,” they say Tamayo-Torres made “vague yet direct threats” against “the president-elect,” and sources familiar with the investigation separately confirmed Tamayo-Torres’ alleged threats targeted Trump.

“[Y]ou’re gonna die,” Tamayo-Torres allegedly said in a video he posted on Thursday. “[Y]our son’s gonna die. Your whole family is going to die. … I’m going to put a hole in your face.”

The clip was one of “numerous” rambling and curse-laden videos he’s posted “on a near-daily basis” in recent months claiming that “Individual 1” kidnapped and sex-trafficked his children, according to the charging documents.

It’s unclear if Tamayo-Torres actually has children.

Earlier in November, Tamayo-Torres allegedly posted a video threatening “Individual 1” while holding up “what appears to be a white AR 15-style rifle with a 30-round magazine inserted into it,” charging documents said.

In another video, according to the charging documents, Tamayo-Torres said he witnessed “Individual 1” and the Secret Service kidnap his daughter. The video was posted Aug. 23 from Desert Diamond Arena in Glendale, Arizona, where Trump was holding a campaign rally that day.

During the rally, Trump noted that he was “nearly assassinated” a month earlier, when a Pennsylvania man, Thomas Crooks, opened fire on him with an AR 15-style rifle during a rally in Butler, Pennsylvania. Authorities have yet to identify a clear motive in that attack.

Trump told rallygoers there are “risks incurred by leaders who stand up to the corrupt political establishment.”

“When you stand up, you bring on some trouble for yourself, but you have to do what’s right,” Trump said.

While investigating the more recent alleged threats from Tamayo-Torres, an officer from a Bureau of Alcohol, Tobacco, Firearms and Explosives task force found photos on Facebook that showed Tamayo-Torres holding a bullpup-style shotgun, a rifle, and the AR15-style rifle seen in one of his videos, according to charging documents.

Tamayo-Torres was arrested Monday near San Diego, where he anticipated moving soon, court records indicate.

Though he was arrested in California, the charges against him were filed in Arizona. He was charged with one count of making threats against a president or president’s successor.

He was also charged with four counts of making false statements during the purchase of a firearm, after he allegedly lied on federal forms a year ago while trying to buy a pistol from a Phoenix gun store.

He swore on those forms that he had not been previously convicted of a felony, but he had been convicted of assault in 2003 in San Diego, so he was legally prohibited from possessing firearms, the charging documents said.

As of Tuesday evening, court records did not list an attorney representing Tamayo-Torres.

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National

Weinstein sues NYC Department of Corrections for ‘medical negligence’

Spencer Platt via Getty Images

(NEW YORK) — Harvey Weinstein is suing New York City and its Department of Correction, alleging negligence and failure to provide adequate care.

Weinstein is being held at Rikers Island while he awaits a new trial on sexual assault charges.

Weinstein has been diagnosed with bone cancer, according to his associates.

His lawsuit seeks monetary damages.

In a statement, his attorney, Imran H. Ansari, claimed the prison was failing to provide Weinstein with adequate medical care.

“When I last visited him, I found him with blood spatter on his prison garb, possibly from IV’s, clothes that had not been washed for weeks, and he had not even been provided clean underwear — hardly sanitary conditions for someone with severe medical conditions and susceptibility to illness,” Ansari said. “I questioned whether I was in a prison facility that is supposed to be managed in accordance with our constitution, or a gulag where the prisoners are treated like animals.”

Ansari accused the prison of “medical negligence” and claimed “it amounts to cruel and unusual punishment.”

“The disregard to Mr. Weinstein’s medical needs is an example as to why Rikers Island has been under the intense scrutiny by officials and the public, and is the subject of federal oversight,” Ansari said. “But, we don’t live in a country where a prisoner such as Mr. Weinstein must endure such harsh and draconian treatment, and disregard to his medical needs, without recourse under the law.”

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National

Alexander Smirnov, ex-FBI informant charged with lying about Biden family business, faces new tax charges

Alexander Smirnov, center, a confidential human source with the FBI, leaves the Lloyd George U.S. Courthouse, on Tuesday, Feb. 20, 2024, in Las Vegas. Smirnov is accused of falsely stating that executives with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each in 2015 or 2016. (Bizuayehu Tesfaye/Las Vegas Review-Journal/Tribune News Service via Getty Images)

(WASHINGTON) — The former FBI informant charged by special counsel David Weiss for allegedly lying about President Joe Biden and his son Hunter Biden’s business dealings is facing a separate new indictment on tax-related charges, court records show.

Alexander Smirnov is alleged to have evaded paying taxes on more than $2 million in income he received from multiple sources between 2020 and 2022, according to an indictment unsealed Tuesday in California federal court.

Smirnov was set to face trial beginning next week in Los Angeles on charges he concocted “fabrications” about President Biden and his son accepting $5 million in bribes from the Ukraine energy company Burisma, which Republicans repeatedly sought to seize on in their yearslong effort to impeach the president. He has pleaded not guilty to the charges.

That trial has since been pushed to January by the federal judge overseeing Smirnov’s case.

The newly unsealed indictment paints Smirnov as living a lavish lifestyle during the years he was allegedly also peddling lies to his FBI handler about the Biden family — detailing expenditures that include a $1.4 million Las Vegas condominium, a Bentley he allegedly leased for over $122,000, and hundreds of thousands of dollars of clothes, jewelry and accessories he allegedly purchased for himself and his domestic partner.

Despite receiving more than $2 million in revenue streams, prosecutors say that on a credit card application in June of 2022 he listed only $60,000 in total annual income and $250,000 in gross business income.

The indictment further alleges that when Smirnov sought the assistance of a professional tax return preparer who refused to sign his returns, Smirnov told the preparer that they “should not inquire about how he earned his income,” and further instructed them to delete any emails or messages sent by Smirnov.

“Mr. Smirnov intends to vigorously fight these allegations with the same intensity as he has fought the original indictment,” Smirnov’s attorneys, David Chesnoff and Richard Schonfeld, said in a statement.

As of Tuesday afternoon, Smirnov had not yet entered a plea to the newly filed indictment, according to court records.

Smirnov has remained detained since his arrest in February, on the belief that he poses a flight risk due to his extensive overseas contacts that allegedly include known senior intelligence agents in Russia.

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National

Judge says Ralph Yarl shooting suspect is fit to stand trial after mental exam

ABC News

(KANSAS CITY, Mo.) — Andrew Lester, the Kansas City man charged in the April 2023 shooting of Ralph Yarl after the teenager mistakenly went to the wrong house, is fit to stand trial in February 2025, a judge said on Tuesday, according to Kansas City ABC affiliate KMBC.

The ruling came after the judge reviewed the findings of Lester’s mental exam, which he ordered last month after Lester’s attorney argued that the 86-year-old’s mental and physical capacity have diminished.

ABC News reached out to Lester’s attorney Steven Salmon for comment.

In October, a Clay County judge rescheduled Lester’s trial, which was initially set for Oct. 7, to begin on Feb. 18, 2025, pending the results of the mental evaluation. That exam was ordered by the judge after Salmon filed a motion requesting it, according to court documents obtained by ABC News.

In the motion, Salmon claimed that Lester, who is 86, is facing health conditions that could impair his ability to understand legal proceedings or assist in his defense at trial.

He said in the motion that Lester has lost more than 50 pounds, experienced issues with his memory and has exhibited confusion surrounding the details of the case. He also noted that Lester had also suffered a broken hip, heart issues and hospitalization since the case began.

Salmon also noted that Lester has faced “stress” due to “overwhelming media attention, as well as death threats and other unwanted attention, making it difficult for him to interact socially with anyone.”

Lester was charged with one count of felony assault in the first-degree and one count of armed criminal action, also a felony, in the shooting of Yarl, a Black teenager who mistakenly went to Lester’s Kansas City home after arriving at the wrong address to pick up his twin brothers from a play date on April 13, 2023.

Lester, who is white, pleaded not guilty later that month and was released on a $200,000 bond.

Yarl, who was 16 at the time, was shot in the head and in the right arm, by Lester, according to police. The now 18-year-old suffered a traumatic brain injury, his family previously told ABC News.

According to a probable cause statement obtained by ABC News, Lester told police that he “believed someone was attempting to break into the house” and grabbed a gun before going to the door because he was scared.

Yarl opened up about the shooting in an exclusive interview with Good Morning America co-anchor Robin Roberts in July 2023, where he reflected on his recovery and the harrowing experience.

“He points [the gun] at me … so I kinda, like, brace and I turn my head,” Yarl told Roberts. “Then it happened. And then I’m on the ground … and then I fall on the glass. The shattered glass. And then before I know it I’m running away shouting, ‘Help me, help me.'”

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