Daniel Penny jury begins deliberations in chokehold death of Jordan Neely
ABC
(NEW YORK) — The jury has begun deliberating in the subway chokehold death trial of Daniel Penny.
The jury — comprised of seven women and five men — is considering whether to convict Penny of manslaughter and negligent homicide in the death of Jordan Neely, a 30-year-old homeless man, on a New York City subway train.
To convict, prosecutors have told the jury that Penny’s use of lethal force must be considered unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Defense attorneys told the jury that Penny was only trying to protect subway passengers.
Defense attorneys also said that Penny never intended to kill Neely, while prosecutors said they do not have to prove Penny intended to kill Neely to have the jury hand down a guilty verdict.
(PHOENIX, Ariz) — A deaf Black man with cerebral palsy who was violently arrested by two Phoenix police officers in August said he tried to alert the officers that he was deaf before they repeatedly punched and tasered him for an alleged crime he had been falsely accused of by another suspect.
Records show that the incident occurred when officers were dispatched to investigate a report of a man causing problems and wouldn’t leave a Circle K convenience store, according to ABC affiliate in Phoenix KNXV-TV.
According to police records, the original description of the suspect was for a white man who had been creating a disturbance in the store, but that man later claimed he was assaulted by a Black man and pointed to Tyron McAlpin – a claim that was disputed by store employees and surveillance video, KNXV-TV reported.
“The officers took me down … And I told them, I was trying to get to my ears to tell them I can’t hear, I can’t hear, pointing to my ears,” McAlpin said through an interpreter as he used sign language, according to KNXV-TV. “I was trying to gesture, and that’s when the cops grabbed me. (I was) trying to show, hey I can’t hear, pointing to my ears, and they grabbed me.”
McAlpin gave his account in the hospital to a medical worker after his arrest, according to KNXV-TV. Two police officers are seen present in the body camera video during the medical examination.
The Phoenix man is seen in the footage telling medical workers he’s having trouble seeing out of his left eye and complaining of neck and chest pain, according to KNXV-TV.
“White male, 20s, grey shirt, blue shorts,” Ben Harris, one of the officers involved in detaining McAlpin, could be heard saying repeatedly to himself on the way to the call, according to the footage.
The newly released video appears to show that Harris knew the suspect was a white male.
In body-worn camera footage recorded after the arrest, employees at the store told law enforcement that the white male had gotten into a physical altercation the night before, according to KNXV-TV. The staff in the footage explains that McAlpin comes to the store regularly, holds the door for people and was trying to help the employees get the man out of the store.
Harris originally told another officer at the scene that he believed he broke a bone in his hand after striking the Phoenix man in the head, according to body camera footage obtained by ABC News in October.
Harris told a different story in court during an October hearing.
“At one point, when I was trying to regain control of his arm, following his initial swings, punch swings, it appears that these fingers were jammed in his forearm, and bent over all the way to my palm,” Harris testified, according to KNXV-TV.
The two Phoenix police officers who were involved in the arrest were placed on paid administrative leave in October amid an investigation into the incident, a spokesperson for the Phoenix Police Department confirmed to ABC News.
ABC News reached out to the Phoenix Law Enforcement Association, a union representing the officers, but a request for comment was not immediately returned.
The union’s president, Darrell Kriplean, previously defended the officers’ actions in a statement to ABC News, saying that people should know what to do if uniformed officers approach and that the officers, who did now know McAlpin was deaf at the time, had to force him to comply.
McAlpin was initially charged with felony assault and resisting arrest following the Aug. 19 encounter with Phoenix police, but the charges were dropped on Oct. 17.
The decision to drop the charges against McAlpin was announced by Maricopa County Attorney Rachel Mitchell, who said in a statement that she personally reviewed the case after a member of the local chapter of the NAACP expressed concern over the incident and poured through “a large volume of video recordings, police reports, and other materials that have been forwarded to my office.”
“I also convened a large gathering of senior attorneys and members of the community to hear their opinions as they pertain to this case,” Mitchell said. “I have now completed my review and have made the decision to dismiss all remaining charges against Mr. McAlpin.”
In the body camera video, police are seen pulling up to McAlpin and ordering him down to the ground. He doesn’t appear to immediately comply. The video then shows the officers punching him at least 10 times in the head and shocking him with a stun gun at least four times while yelling: “Get your hands behind your back.”
McAlpin’s attorney said that his client, who is deaf, didn’t know what was going on and could not hear the commands.
“It is our sincere hope that the County Attorney’s Office will respond to what is shown in the video and to the voices in the community who have raised alarms about what is shown in the video and will dismiss all charges against Tyron,” McAlpin’s attorney, Jesse Showalter, told ABC News in a statement on Oct. 14.
ABC News reached out to Showalter for additional comment after the newly released video became available.
Interim Phoenix Police Chief Michael Sullivan said in a statement on Oct. 16 that the Professional Standard Bureau (PSB) launched an internal investigation shortly after the incident took place.
“Their work is important to ensure all facts are known before drawing any conclusions. I ask for the public’s patience during that process,” Sullivan said.
“I recognize the video is disturbing and raises a lot of questions. I want to assure the community we will get answers to those questions,” he added.
According to Sullivan, the findings of the PSB will be reviewed by himself, as well as by the Office of Accountability and Transparency and the Civilian Review Board “to ensure it is thorough and complete.”
When ABC News asked the Phoenix Police Department if the white man who made the allegedly false allegations was charged, a spokesperson said in a statement that no additional arrests have been made at this point during the investigation.
ABC News’ Sabina Ghebremedhin contributed to this report.
EA 18-G Growler Navy Jet Fighter. Via Education Images/Universal Images Group via Getty Images
(WASHINGTON) — The fate of two U.S. Navy pilots remained a mystery Wednesday, a day after their fighter jet crashed during a routine training flight and search-and-rescue crews reported finding no sign of them in the rugged landscape of northeast Washington.
Wreckage of the EA-18G Growler jet was located Wednesday afternoon but the search continues for the two-person crew, military officials said in an update on Wednesday. The crash site is a mountainside east of Mount Rainier, officials said.
“Responders are facing mountainous terrain, cloudy weather, and low visibility as the search is ongoing,” Navy officials said in an earlier statement Wednesday afternoon.
The jet, from Electronic Attack Squadron 130, crashed at about 3:23 p.m. on Tuesday about 30 miles west of Yakima on the eastern side of Mount Rainier, according to the Navy.
The jet crashed after launching a training flight from Naval Air Station Whidbey Island, officials said.
An MH-60S helicopter crew was immediately launched to search for the missing airmen and wreckage, officials said. Additional rescue units from the U.S. Navy Fleet Reconnaissance Squadron One, Patrol Squadron, Naval Air Station Whidbey Island Search and Rescue and the U.S. Army 4-6 Air Calvary Squadron from Joint Base Luis-McChord in Washington were also involved in the search, officials said.
The cause of the crash is under investigation, according to the statement.
The Growler aircraft, which according to the Navy is worth about $67 million, is “the most advanced technology in airborne Electronic Attack and stands as the Navy’s first line of defense in hostile environments.”
The 130 squadron adopted the nickname “Zappers” when it was commissioned as the Carrier Early Warning Squadron 13 in 1959, the military said.
The squadron was most recently deployed to the Southern Red Sea, where it carried out seven pre-planned strikes against Houthi-controlled areas in Yemen, according to a statement.
The Zappers also carried out some 700 combat missions ” to degrade the Houthi capability to threaten innocent shipping,” according to a press release announcing the squadron’s return to Washington in July.
(PORTLAND, Ore.) — Ballot boxes in Oregon and Washington were set on fire early Monday, police in both states said.
It is unclear if the two arson incidents, which occurred near the Oregon-Washington border, are connected.
In the first reported incident, a ballot box in Portland, Oregon, was set on fire with an incendiary device, police said.
Portland police responded to reports of a fire at a ballot box around 3:30 a.m. local time on Monday. Security at the Multnomah County Elections Division responded and extinguished the fire, officials said.
“Officers determined an incendiary device was placed inside the ballot box and used to ignite the fire,” the Portland Police Bureau said in a statement.
The bureau’s explosive disposal unit cleared the device, police said.
Fire suppressant prevented further damage and protected “virtually all the ballots,” though three were damaged, the Multnomah County Elections Division said in a press release.
Elections officials will contact the three impacted voters so they can receive replacement ballots, the division said.
“We have multiple systems and security measures in place to ensure your ballot is safe,” Multnomah County Elections Director Tim Scott said in a statement.
No other ballot boxes or official drop sites in Multnomah County were affected, the division said.
The Portland Fire Investigations Unit is investigating.
About a half hour later, around 4 a.m. local time, officers in Vancouver, Washington, responded to a report of a ballot box that was smoking and on fire, police said.
“Officers arrived and located a suspicious device next to the box,” which was on fire, the Vancouver Police Department said in a statement.
The fire was extinguished, and members of the Metro Explosive Disposal Unit safely collected the device, police said.
The extent of damage to ballots remains unclear.
The FBI is investigating the incident, police said.
