Delphi murders: Convicted killer to face victims’ families at sentencing
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(NEW YORK) — When convicted Delphi, Indiana, killer Richard Allen returns to court for sentencing on Friday, he’s expected to come face-to-face with the victims’ families.
Last month, a jury found Allen guilty on all charges in the double homicide: felony murder for the killing of 13-year-old Abigail “Abby” Williams while attempting to commit kidnapping; felony murder for the killing of 14-year-old Liberty “Libby” German while attempting to commit kidnapping; murder for knowingly killing Abby; and murder for knowingly killing Libby.
Allen faces a sentence of 90 to 130 years in prison.
A gag order has prevented the families of Abby and Libby from commenting during or after Allen’s trial. But at sentencing, they’ll get their chance to address Allen through victim impact statements.
When Allen was arrested in 2022 — five years after the 2017 murders — Libby’s grandparents and guardians, Becky and Mike Patty, told ABC News they were grappling with the news that the suspect was living among them in their small town.
“How can somebody do that and then just go on living life like nothing happened?” Mike Patty said.
Law enforcement, prosecutors and defense attorneys have also been under the gag order and have not yet commented on the verdict.
Abby and Libby were walking along a Delphi hiking trail when they were attacked on Feb. 13, 2017. Their throats were slit and their bodies were dumped in the nearby woods.
Moments before the murders, Libby posted a photo of Abby on Snapchat showing her on the Monon High Bridge. After crossing the bridge, the girls saw a man behind them — who became known as “bridge guy” — and Libby started a recording on her phone, according to prosecutors.
As police looked for the suspect, they released footage from Libby’s phone to the public: a grainy image of “bridge guy” and an audio clip of him telling the girls to go “down the hill.”
Allen, a husband and father who worked at the local CVS, was arrested in 2022. He admitted to police he was on the trail that day, but he denied being involved in the crime.
The prosecution’s key physical evidence was a .40-caliber unspent round discovered by the girls’ bodies. Police analysis determined that unspent round was cycled through Allen’s Sig Sauer Model P226, prosecutors said.
Another major focus of the trial was Allen’s multiple confessions in jail and his mental health at the time. The defense argued Allen was in a psychotic state when he confessed numerous times to his psychologist, corrections officers and his wife.
(LAS VEGAS) — Matthew Livelsberger — the driver of the Tesla Cybertruck that exploded on New Year’s Day outside the Trump International Las Vegas Hotel — shared personal and political “grievances” in two letters found on a phone in the vehicle and called the attack a “wake up call,” authorities said Friday.
Livelsberger, an active-duty Army soldier, said the country was being led by the “weak” and those out to “enrich themselves,” while also claiming the incident was not meant as a terrorist attack, according to excerpts of the two letters shared by the Las Vegas Metropolitan Police Department.
“I know everyone is very eager to try to understand and be able to explain what happened,” Las Vegas Assistant Sheriff Dori Koren said during a press briefing on Friday. “We still have a large volume of data to go through, a lot of content to go through.”
The department said they would release the two letters to the public.
“You’ll see that he actually calls it a stunt, in one of these documents that we’re going to release to you, that he was trying to get the attention of the American people because he was upset about a number of different things,” Sheriff Kevin McMahill of the Las Vegas Metropolitan Police Department said during Friday’s briefing. “But I’ll let those writings speak for themselves.”
Livelsberger died from a self-inflicted gunshot wound prior to the blast, the Clark County coroner confirmed Thursday evening. No one else was seriously hurt, though seven bystanders sustained minor injuries, officials said.
The evidence shows Livelsberger “thoughtfully prepared” and acted alone in the incident, Spencer Evans, special agent in charge for the FBI’s Las Vegas division, said during Friday’s press briefing. Livelsberger was not on the FBI’s radar prior to the incident, Evans said.
“Although this incident is more public and more sensational than usual, it ultimately appears to be a tragic case of suicide involving a heavily decorated combat veteran who was struggling with PTSD and other issues,” Evans said.
Authorities are also looking into a letter purportedly sent by Livelsberger and shared by the military-themed “Shawn Ryan Show” podcast on Friday. That information was sent to the FBI following the attack, Evans confirmed.
“We still have not conclusively determined that that’s from the subject, but feel confident, based on evidence that we’re uncovering on his devices, that that was, in fact, from Livelsberger,” Evans said.
In the Cybertruck, officials found credit and identification cards in Livelsberger’s name, evidence he owned the weapons found in the destroyed vehicle and identified tattoos that appeared to match Livelsberger’s body, however, severe physical injuries slowed the identification process.
The Clark County coroner ultimately identified Livelsberger — of Colorado Springs, Colorado — as the driver on Thursday. His cause of death was a self-inflicted intraoral gunshot wound.
Livelsberger was found with a gun at his feet. Two firearms — one handgun and one rifle — were found in the vehicle “burnt beyond recognition,” McMahill said.
Both weapons were purchased legally on Monday, he added.
Two phones were recovered from the vehicle, including one containing the two letters, Koren said. Investigators have been unable to access the other phone at this time, he said.
It is unclear why Livelsberger chose a Tesla or the route he took, authorities said Friday.
Livelsberger rented the Tesla vehicle on Saturday in Denver via the Turo app, before driving to Las Vegas through cities in Colorado, New Mexico and Arizona. His progress was tracked through Tesla charging stations, officials said.
The vehicle first pulled into the Trump International Las Vegas Hotel valet area just after 7:30 a.m. Wednesday, officials said. It then left the area, driving along Las Vegas Boulevard, before returning to the valet area at about 8:39 a.m., exploding 17 seconds after its arrival.
Livelsberger served as a Green Beret in the Army and was on approved leave from serving in Germany at the time of his death, a U.S. Army spokesperson said Thursday.
He received extensive decorations in combat, including the Bronze Star with a “V” device for valor, indicating heroism under fire. Livelsberger received four more standard Bronze Star medals, according to Army records. He also earned the Afghanistan Campaign Medal with three stars. Each star represents service in a separate campaign in Afghanistan.
Livelsberger had been receiving mental health assistance over the last year, a U.S. official confirmed Friday.
Another U.S. official confirmed that officials thought Livelsberger was stable enough to go home for Christmas and his leave was approved.
The Department of Defense has turned over Livelsberger’s medical records to local law enforcement, Pentagon press secretary Sabrina Singh told reporters during a briefing on Friday.
“I just don’t have more details to share,” she added, when asked about reporting from CNN that the suspect had been diagnosed with depression last year.
Singh noted that service members are encouraged to seek help with any mental health issues.
The Las Vegas incident is not believed to have any direct connection to the New Year’s Day truck attack in New Orleans that killed 14 people — as well as the suspect — and injured 35 others, according to the FBI. The truck used in the New Orleans attack was also rented using the Turo app, officials said.
Evans reiterated Friday that there is no evidence that the two events are connected, saying there are “coincidental similarities” between them — including that both drivers were in the military, rented vehicles through the same service and stayed in an Airbnb.
There is no evidence at this time that the two drivers had any overlap even though both served in Afghanistan, Singh also said Friday.
Livelsberger was a supporter of President-elect Donald Trump, an official briefed on the probe told ABC News. His wife, who investigators spoke to in Colorado Springs, said he had been out of the house since around Christmas after a dispute over allegations of infidelity, the official said.
His wife told officials she did not believe Livelsberger would want to hurt anyone, the official told ABC News.
Livelsberger is believed to have told the person he rented the truck from that he was going camping at the Grand Canyon, the official told ABC News.
Investigators are still looking to determine how the items in the truck were detonated, but with the contents of the vehicle so badly burned, it may be a slow process, according to the official.
The sheriff said Tesla CEO Elon Musk helped the investigation by having the truck unlocked after it auto-locked in the blast and by giving investigators video of the suspect at charging stations along its route from Colorado to Las Vegas.
McMahill said police believe the explosion was an “isolated incident” and that “there is no further threat to the community.”
Video played at Thursday’s Las Vegas news conference showed a load of fireworks-style mortars, gasoline cans and camping fuel canisters in the back of the truck.
If you are struggling with thoughts of suicide or worried about a friend or loved one, call or text the Suicide & Crisis Lifeline at 988 for free, confidential emotional support 24 hours a day, seven days a week.
(MISSOURI) — Andrew Lester, the Kansas City man charged with shooting teenager Ralph Yarl in April 2023 after he knocked on the door of the wrong house, pleaded guilty to second-degree assault charges in a 10-minute Missouri court hearing on Friday.
The 86-year-old man had been facing charges of first-degree assault and armed criminal action in the shooting of then-16-year-old Yarl, a Black honors student who mistakenly showed up at Lester’s door to pick up his twin brothers.
Second-degree assault, a Class D felony, carries with it the sentencing possibility of one to seven years in prison, Clay County Prosecutor Zach Thompson said at a press conference after Friday’s hearing. The sentencing hearing will happen on March 7, according to Thompson.
Lester, who is white, shot Yarl in the head and right arm, saying he believed someone was trying to break into his house, according to a probable cause statement obtained by ABC News. He initially pleaded not guilty in 2023 and was released on a $200,000 bond.
“Our office has maintained regular and respectful communication with Mr. Yarl and his family, and they support this resolution,” Thompson said Friday.
Thompson was told by a reporter at the news conference that Yarl’s family said they were not satisfied with the outcome of the plea deal, and the county prosecutor said he understood the frustration of the family.
“Based on our communications, both direct and written with Mr. Yarl and his family, we agreed that this would be a just resolution in the case,” Thompson said.
Yarl survived the attack and has since graduated high school, but suffered a Traumatic Brain Injury (TBI) after the shooting. Yarl’s mother, Cleo Nagbe, previously told ABC News that her son has struggled academically in ways he didn’t prior to the injury.
His family reacted to Friday’s hearing in a statement obtained by ABC News.
“While this marks a step toward accountability, true justice requires consequences that reflect the severity of his actions — anything less would be a failure to recognize the harm he has caused,” they wrote. “We remain hopeful that his sentencing will not be merely a slap on the wrist but a decision that upholds the seriousness of his crime.”
Lester’s attorney Steve Salmon previously argued that his client’s mental and physical capacity was a factor in the case, postponing the initial trial date from Oct. 7 to Feb. 18. Salmon said the retired air mechanic had heart and memory issues, a broken hip and had lost over 50 pounds. In November, the judge ruled that Lester was fit to stand trial after reviewing the results of a mental exam.
Yarl’s family filed a civil lawsuit against Lester and the Highland Acres homeowners association nearly a year after the shooting occurred, claiming little progress has been made in the case and the association failed to administer aid after shots were fired.
ABC News contributor Joanne Haner contributed to this report.
(LOS ANGELES) Los Angeles County District Attorney Nathan Hochman said he’s asked the court to deny the Menendez brothers’ habeas corpus petition, which aims to get a new trial or the case tossed out.
Erik and Lyle Menendez filed the habeas corpus petition in 2023 for a review of new evidence not presented at trial.
Two new pieces of evidence are at the center of the petition.
One is a letter Erik Menendez wrote to his cousin Andy Cano eight months before the murders detailing his alleged abuse from his father. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t found until several years ago, according to the brothers’ attorney.
The second piece is allegations from a former member of the boy band Menudo, Roy Rossello, who revealed in 2023 that he was raped by the brothers’ father, Jose Menendez.
Hochman explained that the standard for a successful habeas petition has multiple requirements: You must show that it’s new evidence; you must show thats it’s timely and the evidence could not be discovered at the time of the trial; you must show you didn’t engage in a delay by the time you learned of the evidence and brought your motion; the evidence must be credible; and the evidence must be admissible.
Hochman argues the letter to Cano is not credible evidence.
“If this letter truly existed, the defense counsel would have absolutely used it at the trial because it would help corroborate” testimony from Cano and Erik Menendez, Hochman said.
Erik Menendez at his second trial testified for seven days about graphic descriptions of his sexual abuse from ages of 6 to 18 and also talked about the sexual abuse his brother experienced from their father, the district attorney said.
Asked who he disclosed to, Erik Menendez said he told Cano when he was 12 or 13 years old.
Cano — who died in 2003 — testified in the 1990s and relayed that same information: that Erik Menendez mentioned abuse six years before the murders and that was the only communication they had about the sexual abuse, the district attorney said.
That letter was never discussed at either of the two trials, Hochman said.
Erik Menendez claimed he didn’t know about the letter until a 2015 Barbara Walters special published it, but this habeas motion was not filed until 2023, Hochman said.
The defense in this habeas motion argued that to resolve this case jurors had to decide if the brothers were sexually molested by their father — but the jury never had to resolve that question, Hochman said. Instead, the jury had to determine if the brothers conspired to kill their parents, if they killed them, what their state of mind was, and if they did so, if they acted in self-defense, Hochman said.
Hochman said Rossello’s claims fail the admissibility standard for the habeas petition because the brothers didn’t know about Rossello’s allegations until recent years, so it couldn’t have influenced their state of mind during the crime and “couldn’t play a role in self-defense or premeditated murder.”
The brothers were convicted in 1996 of the 1989 murders of their parents, Jose and Kitty Menendez.
Lyle and Erik Menendez, who were 21 and 18, respectively, at the time, admitted to gunning down their parents in the family’s Beverly Hills home. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, but prosecutors alleged they killed for money.
Lyle and Erik Menendez were sentenced to two consecutive life prison terms without the possibility of parole.
Besides the habeas corpus petition, the brothers have been pursuing two other paths to freedom.
One other path is through resentencing, which Hochman said his office will deal with in the coming weeks.
In October, then-LA County District Attorney George Gascón announced that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.
The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
Weeks after Gascón’s announcement, he lost his race for reelection to Hochman.
Hochman said in January that he was still reviewing the facts of the case and hadn’t yet decided if he’s in support of the brothers’ bid for freedom. He said he was reviewing thousands of pages of confidential prison records, trial transcripts and court filing, as well as speaking to all the prosecutors and defense attorneys involved.
The brothers’ next resentencing hearing is on March 20 and 21.
The third path to freedom is through clemency.
The brothers submitted a request for clemency to California Gov. Gavin Newsom. In November, Newsom said he’d defer to Hochman’s “review and analysis of the Menendez case prior to making any clemency decisions.”
This is a developing story. Please check back for updates.
