Judge declines to reconsider criminal charges for Alec Baldwin in fatal ‘Rust’ shooting
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(SANTA FE, N.M.) A New Mexico judge has declined to reconsider criminal charges against Alec Baldwin over the fatal shooting on the set of “Rust” in October 2021.
“Because the State’s Amended Motion raises arguments previously made, and arguments that the State elected not to raise earlier, the Court does not find the Amended Motion well taken,” the decision said.
The court dismissed the state’s application to reinstate involuntary manslaughter charges that were thrown out in July after it was learned during trial that prosecutors withheld evidence from the defense, namely ammunition brought to the Santa Fe County Sheriff’s Office.
Baldwin’s attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation was “concealed” from them.
The judge in the trial, Mary Marlowe Sommer, said the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
Marlowe Sommer also issued the new ruling on Friday saying the charges would not be reconsidered for Baldwin.
“State does not raise any factual or legal arguments that would justify the grant of a motion to reconsider,” she wrote in the opinion.
Cinematographer Halyna Hutchins was killed on Oct. 21, 2021, when she was shot by Baldwin while he was practicing using a Colt .45 revolver. The prop gun, which Baldwin believed to contain dummy rounds, actually had a live round of ammunition in it. Director Joel Souza was also struck in the shooting, but recovered from his injuries.
“Rust” armorer Hannah Gutierrez was convicted of involuntary manslaughter in connection with Hutchins’ death in March. Prosecutors argued during the trial she was the source of the live bullet and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez is currently serving an 18-month prison sentence, the maximum for the offense.
Last month, Marlowe Sommer denied a motion from Gutierrez’s attorneys arguing she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State,” related to the same evidence that resulted in Baldwin’s trial being dismissed.
Marlowe Sommer also denied a separate motion from the defense seeking immediate release from detention.
The judge ruled the issues raised by the defense did not justify a new trial or dismissal, and that the state did not suppress the ammunition evidence in Gutierrez’s trial that was at the heart of Baldwin’s dismissal.
(GREEN LAKE, Wis.) — Ryan Borgwardt, the husband and father of three who authorities said faked his own death at a Wisconsin lake and fled the country, is speaking to police but isn’t revealing where he is, the local sheriff said.
In recent weeks, as authorities worked to track Borgwardt down, they made contact with a woman who speaks Russian, Green Lake County Sheriff Mark Podoll said at a news conference Thursday.
“On Nov. 11, we got in contact with Ryan through her. That was a big turning point,” he said.
When authorities reached Borgwardt, they asked him questions only he would know and asked him to film a video of himself, Podoll said.
In the selfie-style video, which was played at the news conference, Borgwardt appears to be in an apartment. He said the date was Nov. 11 and he was safe.
Authorities believe he in Eastern Europe, Podoll said, adding that he doesn’t appear to be in danger.
“We do not know where Ryan exactly is,” the sheriff said. “He has not yet decided to return home.”
“We’ve had nearly daily communications with Ryan,” the sheriff said.
Borgwardt has not spoken to his wife or children, Podoll said.
The mysterious case began on the night of Aug. 11, when Borgwardt last texted his wife. He told her he was turning his kayak around on Green Lake and was heading to shore soon, Podoll said.
The 45-year-old was reported missing the next day.
After Borgwardt’s overturned kayak and life jacket were discovered in the lake, responders believed the missing dad drowned, officials said.
Crews scoured the lake for weeks using divers, drones, sonar and cadaver K-9s, officials said.
The case took a turn in October when investigators discovered Borgwardt’s name had been checked by law enforcement in Canada on Aug. 13, the sheriff said.
Authorities also learned Borgwardt had been communicating with a woman from Uzbekistan, the sheriff said.
Other behavior included clearing his browsers the day he disappeared, inquiries about moving funds to foreign banks, getting a new life insurance policy, obtaining a new passport and replacing his laptop hard drive, the sheriff said.
Podoll said Borgwardt revealed to authorities how he faked his death at the lake and fled the country.
“He stashed an e-bike near the boat launch. He paddled his kayak in a child-sized floating boat out into the lake. He overturned the kayak and dumped his phone in the lake,” the sheriff said. “He paddled the inflatable boat to shore and got on his e-bike and road through the night to Madison, [Wisconsin]. In Madison, he boarded a bus and went to Detroit, and then the Canadian border. He continued on the bus to an airport and got on a plane.”
“We are continuing to verify this information,” the sheriff added.
One of the reasons Borgwardt picked Green Lake is because it’s one of the deepest lakes in the state, Podoll said.
Borgwardt told authorities he didn’t think responders would spend more than two weeks searching for him, the sheriff said.
“He feels bad about the amount of hours we’ve put in,” Podoll noted.
The family wants Borgwardt home, and Podoll said he wants Borgwardt back to “clean up the mess that he has created.”
The sheriff said authorities will keep “pulling at his heartstrings.”
“He needs to come home to his kids,” Podoll said.
The sheriff, appearing emotional, ended the news conference by saying, “Christmas is coming, and what better gift he could give his kids is to be there for Christmas with them?”
Borgwardt could potentially face an obstruction charge, the sheriff said.
The county is seeking around $35,000 to $40,000 for restitution, the sheriff said.
(NEW YORK) — Helene — which strengthened to a Category 1 hurricane on Wednesday — is taking aim at Florida, where it’s forecast to make landfall along the Big Bend area on Thursday night.
Here’s how the news is developing:
Damaging winds expected as Helene’s speed increases
Hurricane Helene’s landfall may see “damaging winds” penetrate as far inland as major metro areas like Atlanta, Georgia, the National Hurricane Center warned.
A hurricane warning is currently in place for parts of Florida and Georgia. This includes Tallahassee and Apalachicola, Florida, and Valdosta, Columbus and Macon, Georgia.
A tropical storm warning is in place for cities including Miami, Orlando, Jacksonville and Atlanta. Dothan, Alabama, Charleston, South Carolina, and Asheville, North Carolina are also under tropical storm warnings.
The hurricane is expected to gather speed to Category 3 status — with winds of 111 mph and above — by the time it makes landfall on the Florida coast on Thursday night.
Helene’s damaging winds could reach Atlanta and other cities by Friday morning, subsequently passing into the Appalachians and Ohio Valley by Friday afternoon.
Helene strengthening ahead of Thursday landfall
Hurricane Helene is strengthening as it approaches landfall in Florida, with winds at 90 mph as of Thursday morning.
Helene remains a Category 1 hurricane. Category 2 status begins with winds of 96 mph.
Landfall is projected after 9 p.m. ET on Thursday southeast of Tallahassee.
The National Hurricane Center predicted that Helene will be a Category 3 hurricane — with winds of more than 111 mph — by the time the storm makes landfall.
Storm surges are predicted to be 15 feet and above in Florida’s Big Bend area and between 4 and 8 feet in the Tampa Bay area.
Extreme flash flooding remains a major concern in Georgia and the Carolinas through Thursday night and into Friday morning.
Latest forecast
Helene — currently a Category 1 hurricane with sustained winds of 85 mph — is now located about 425 miles south-southwest of Tampa, Florida.
The worst of the storm surge — up to 20 feet — is expected in Florida’s Big Bend area, where Helene’s set to make landfall.
Landfall is forecast between 8 p.m. and 11 p.m. Thursday as a major Category 4 hurricane with winds up to 130 mph.
Six to 12 inches of rain is in the forecast, with 18 inches projected locally.
MLB postpones Mets-Braves games in Atlanta due to weather forecast
Major League Baseball announced Wednesday that the scheduled games between the Atlanta Braves and the New York Mets at Truist Park in Atlanta this week have been postponed due to the forecast and the inclement weather.
The games originally scheduled for Wednesday and Thursday nights have been moved to a doubleheader on Monday, Sept. 30, according to the MLB’s statement.
The first game will begin at 1:10 p.m. ET and the second game will begin 40 minutes after the last out of the first game, the MLB said.
Monday is a single-admission doubleheader with only one ticket required for both games, according to the statement.
Helene forecast to make landfall as Category 4
Helene, currently a Category 1 hurricane, is forecast to make landfall as a major Category 4 hurricane with winds up to 130 mph.
Landfall is forecast between 8 p.m. and 11 p.m. Thursday in Florida’s Big Bend region.
Mandatory evacuations in effect in at least 20 Florida counties
Mandatory evacuations are in effect in parts of at least 20 Florida counties, including Taylor, Sarasota, Gulf and Hillsborough.
North Carolina, Georgia declare states of emergency
North Carolina and Georgia have declared states of emergency ahead of Hurricane Helene, their governors announced on Wednesday.
“The current forecast for Hurricane Helene suggests this storm will impact every part of our state,” Georgia Gov. Brian Kemp warned in a statement. “We are not taking anything for granted, which is why I have directed appropriate state agencies to work around the clock to ensure we’re prepared for whatever is heading our way.”
The heavy rain, flash flooding and winds are also threatening the mountains and Piedmont areas of North Carolina, North Carolina Gov. Roy Cooper said. The state is preparing water rescue teams and urban search and rescue teams to help respond to the storm, he said.
Universities, schools close as Helene approaches
Florida A&M University, the University of Tampa, the University of Florida and Florida State University’s Tallahassee campus have all announced closures ahead of Hurricane Helene’s landfall. The University of Tampa is under a mandatory evacuation order.
Younger students will also be out of school. Only six out of Florida’s 67 counties have public school districts that will remain open on Thursday. Public schools are also closed in Atlanta on Thursday and Friday.
-ABC News’ Alex Faul
Helene’s latest forecast
Helene, currently a Category 1 hurricane, is forecast to make landfall between 8 p.m. and 11 p.m. Thursday as a major Category 3 hurricane.
Helene is a large storm, so it could bring life-threatening storm surge for the entire West Coast of the Florida Peninsula.
The worst of the storm surge — up to 18 feet — is expected in Florida’s Big Bend area, where Helene’s set to make landfall.
The Tampa Bay area could see up to 8 feet of storm surge; coastal flooding is possible as far south as Fort Myers and Naples.
After Thursday night’s landfall, Helene will bring heavy rain and high winds to the inland Southeast.
Flash flooding is a risk from the Florida Panhandle up to Asheville, North Carolina, and the Appalachians through Friday.
Five to 10 inches of rain is in the forecast, with 15 inches projected locally.
-ABC News’ Melissa Griffin
Helene’s latest forecast
Helene, currently a Category 1 hurricane, is forecast to make landfall between 8 p.m. and 11 p.m. Thursday as a major Category 3 hurricane.
Helene is a large storm, so it could bring life-threatening storm surge for the entire West Coast of the Florida Peninsula.
The worst of the storm surge– up to 18 feet — is expected in Florida’s Big Bend area, where Helene’s set to make landfall.
The Tampa Bay area could see up to 8 feet of storm surge; coastal flooding is possible as far south as Fort Myers and Naples.
After Thursday night’s landfall, Helene will bring heavy rain and high winds to the inland Southeast.
Flash flooding is a risk from the Florida Panhandle up to Asheville, North Carolina, and the Appalachians through Friday.
Five to 10 inches of rain is in the forecast, with 15 inches projected locally.
-ABC News’ Melissa Griffin
Mandatory evacuations in effect in at least 19 Florida counties
Mandatory evacuations are in effect in parts of at least 19 Florida counties, including Taylor, Sarasota, Gulf and Hillsborough.
Tampa, St. Pete-Clearwater airports to close
The Tampa International Airport will close at 2 a.m. Thursday ahead of Hurricane Helene, officials said.
Airport officials expect to reopen Friday.
The St. Pete-Clearwater International Airport is also closing on Thursday and plans to reopen Friday.
Universities, schools close as Helene approaches
Florida A&M University, the University of Tampa, the University of Florida and Florida State University’s Tallahassee campus have all announced closures ahead of Hurricane Helene’s landfall. The University of Tampa is under a mandatory evacuation order.
Younger students will also be out of school in counties including Pasco, Pinellas, Hernando, Citrus, Sarasota, Leon and Hillsborough.
-ABC News’ Alex Faul
University of Tampa students ordered to evacuate
The University of Tampa is ordering all students who live on campus to evacuate by 1 p.m. Wednesday, citing mandatory evacuation orders from Hillsborough County officials.
Hurricane Helene is forecast to bring dangerous storm surge to the Tampa Bay area.
“The residence halls will be closed after the evacuation concludes, and there will be no entry allowed into residential buildings until they are reopened following the storm,” the university said in a message to students.
The University of Tampa said it plans to resume operations on Monday.
-ABC News’ Alex Faul
Helene strengthens to Category 1 hurricane
Helene has strengthened to a Category 1 hurricane with sustained winds of 80 mph.
Helene — now located about 500 miles south-southwest of Tampa, Florida — is the fifth hurricane to form in the Atlantic Basin this season.
64 of Florida’s 67 counties under watches or warnings
Sixty-four out of Florida’s 67 counties are under alerts as Helene nears the state, said Kevin Guthrie, executive director of the Florida Division of Emergency Management.
Only three counties — Escambia, Okaloosa and Santa Rosa — are not under some type of watch or warning, like tropical storm, storm surge or hurricane, he said.
Wednesday is the last day for Floridians to finalize preparations before Helene hits, Florida Gov. Ron DeSantis warned.
All Floridians should be prepared for power outages, DeSantis added.
At least 12 health care facilities, including hospitals and nursing homes, are evacuating, and more may choose to do so in the coming hours, the governor said.
-ABC News’ Alex Faul
Extreme flash flooding possible in Blue Ridge Mountains in Georgia, Carolinas
Extreme flash flooding is possible in the Blue Ridge Mountains in Georgia, North Carolina and South Carolina.
First, a storm system separate from Helene is hitting the south on Wednesday. Up to 6 inches of rain is possible over the next 24 hours, bringing a flash flood risk from Atlanta to Asheville, North Carolina.
Then, Thursday afternoon through Friday morning, Hurricane Helene will bring even more extreme rain and flooding to the southern Appalachians.
A rare “high risk” alert for heavy rain has been issued. Up to 15 inches of rain is possible in some spots.
-ABC News’ Max Golembo
How storm surge works and why it’s so dangerous
Helene is forecast to bring 10 to 15 feet of dangerous storm surge to Florida’s Big Bend area, and 4 to 8 feet of storm surge to Tampa Bay.
In 2005, during Hurricane Katrina, at least 1,500 people died “directly, or indirectly, as a result of storm surge,” according to the National Hurricane Center.
Click here to read how storm surge works and why it’s so dangerous.
Helene nears hurricane strength
Tropical Storm Helene is nearing hurricane strength Wednesday morning as it churns just of the northeastern coast of the Yucatan Peninsula.
Helene is about 100 miles west-southwest from the western tip of Cuba.
Tropical storm forecast to ‘rapidly’ intensify into major hurricane
Tropical Storm Helene was expected to “rapidly” strengthen and grow in size as it moved on Wednesday into the Gulf of Mexico, U.S. weather officials said.
The storm as of about 4 a.m. local time had maximum sustained winds of about 65 mph, the National Hurricane Center said. It was expected to intensify into a hurricane on Wednesday, before further strengthening into a “major” hurricane on Thursday, the center said.
Helene early Wednesday was traveling northwest at about 9 mph, the center said.
“On the forecast track, the center of Helene will pass near the northeastern coast of the Yucatan Peninsula this morning, move across the eastern Gulf of Mexico on later today and Thursday, and reach the Big Bend coast of Florida late Thursday,” the center said.
Biden approves Florida emergency declaration ahead of Helene’s landfall
As Florida residents prepare for Tropical Storm Helene to make landfall Thursday, the White House has approved the state’s emergency declaration.
President Biden’s approval allows for federal assistance to supplement state, tribal and local response efforts.
The Department of Homeland Security and the Federal Emergency Management Agency (FEMA) will coordinate all federal disaster relief efforts, according to the White House’s statement.
Biden’s approval Tuesday comes as officials in Sarasota County announced a Level A evacuation order for portions of two neighborhoods beginning Wednesday morning at 7:00 a.m. ET.
Officials encouraged residents in Curry Creek, Hatchett Creek, Venice and those in Forked Creek, Englewood to be aware of the conditions and stay alert for further updates.
Hurricane warnings issued for portions of Florida’s Panhandle, Big Bend and Gulf Coast
On the current track, Tropical Storm Helene is forecast to make landfall late Thursday night, between 8:00 and 10:00 p.m. ET, as a major Category 3 hurricane with winds up to 115 mph in the Florida Big Bend region.
Hurricane warnings have been issued for Florida’s Panhandle, Big Bend and Gulf Coast regions and hurricane watch warnings have extended into southern Georgia.
Officials have issued tropical storm warnings from Naples and Fort Myers to Orlando and tropical storm watch warnings are in place across Florida’s east coast up to Savannah, Georgia.
Helene’s latest forecast
Helene is expected to strengthen to a hurricane on Wednesday as it enters the Gulf of Mexico and strengthen further to a major Category 3 hurricane by Thursday morning.
A hurricane watch is in effect in Florida from Tallahassee to Tampa, where hurricane conditions will be possible late Wednesday night through late Thursday night.
Wednesday night into Thursday morning, Helene’s outer bands will start to lash Florida’s Gulf Coast. The worst of the conditions will be throughout the day on Thursday.
Helene is forecast to make landfall Thursday night along Florida’s Big Bend region as a Category 3 hurricane. Winds could be up to 115 mph during landfall.
Helene is expected to be a large hurricane, which means impacts will extend significantly beyond the center, impacting most of Florida and much of the Southeast.
After landfall, Helene is forecast to quickly move north into Georgia, bringing heavy rain and strong winds to the South.
A significant flash flood risk stretches from the Florida Panhandle to South Carolina — including Tallahassee to Atlanta — Thursday night into early Friday.
-ABC News’ Melissa Griffin
How much rain, storm surge to expect
Ten to 15 feet of dangerous storm surge is forecast for Florida’s Big Bend area. Tampa Bay could see 4 to 8 feet of storm surge.
Four to 8 inches of rain is expected from Helene, with 12 inches locally, bringing major flash flooding.
Tornadoes are also possible on Wednesday and Thursday.
Damaging wind gusts over 100 mph will be possible in Tallahassee and Florida’s Big Bend area during landfall Thursday night.
-ABC News’ Melissa Griffin
Universities, schools close ahead of Helene
Ahead of Helene, Florida A&M University in Tallahassee canceled class from Tuesday afternoon through Friday. The university will be closed Wednesday through Friday.
Florida A&M said this weekend’s home football game and parents’ weekend will be rescheduled.
Florida State University said its Tallahassee campus will be closed from Wednesday morning to Sunday night.
FSU Tallahassee students can stay on campus during the closure, but should plan for possible power outages and be prepared to possibly stay inside all day Thursday, the university warned.
Officials in Florida are also closing public schools in multiple counties, including Pasco, Pinellas, Hernando, Citrus and Sarasota.
Mandatory evacuations have been announced in parts of Charlotte and Franklin counties.
Helene strengthens to tropical storm: Latest forecast
Helene, currently located about 180 miles east southeast of Cozumel, Mexico, strengthened to a tropical storm on Tuesday morning.
The forecast shows Helene moving through the Yucatan Channel Wednesday morning, bringing near hurricane-force wind gusts to Cancun, Mexico.
By Thursday morning, coastal flooding will reach Florida, including Naples and Fort Myers.
On Thursday night, Helene will make landfall near Apalachicola, Florida.
Dangerous wind gusts up to 105 mph are expected and storm surge will be a major threat for the Tampa Bay area.
By Friday morning, the center of Helene will be near Atlanta, bringing strong winds to Georgia, Tennessee, South Carolina and North Carolina.
Downed trees and power lines will be a major danger across the Southeast.
The flash flood threat will continue into the weekend in the Tennessee, Ohio and Mississippi River Valleys.
State of emergency declared in 61 Florida counties
Helene is forecast to be a major hurricane by the time it makes landfall Thursday night, Florida Gov. Ron DeSantis warned Monday.
A state of emergency has been declared in 61 of Florida’s 67 counties, DeSantis said.
“The Big Bend and Panhandle should be especially prepared for a direct impact,” the governor said, and he urged residents to know their evacuation zone.
“You have time to be able to put this place into place,” DeSantis said, noting Helene’s impacts could begin Wednesday.
Latest forecast
Helene will strengthen to a hurricane Tuesday night, and rain is expected to begin in Florida Wednesday afternoon into Thursday morning.
On Thursday evening, Helene will make landfall along Florida’s Big Bend area, located between Tallahassee and Gainesville.
Storm surge could reach up to 15 feet in the Big Bend area.
Heavy rain and strong winds are also major threats.
A hurricane watch is in effect for Florida’s Gulf Coast and a tropical storm watch was issued from Orlando to the Florida Keys.
By Thursday night into Friday, the storm will quickly push into Georgia with very heavy rain, gusty winds and possible flash flooding.
This weekend, the storm will stall over the Mid-South, bringing heavy rain and possible flooding to the Tennessee, Ohio and Mississippi River Valleys.
A flood watch has been issued in Florida from Fort Myers to Tampa to Tallahassee, as well as in southern Georgia and Alabama.
(ROSWELL, NM) — Roswell, New Mexico, experienced an overnight “Flash Flood Emergency” on Saturday, the National Weather Service reported — the highest tier of flash flood warning.
Between 4 and 9 inches of rain fell in parts of the state, prompting the NWS to declare a “Particularly Dangerous Situation” alert — a warning issued when a Flash Flood Emergency occurs in an area of significant population.
The NWS issued a flood warning for east central, northeast, and southeast New Mexico through to the early hours of Monday. A flash flood watch remains in effect for eastern New Mexico through Sunday night.
Additional rain is expected through Sunday, falling on ground already saturated by Saturday’s downpours and thus raising the risk of further flash flooding.
Roswell was inundated with an all-time record daily rainfall of 5.78 inches — higher than the previous record of 5.65 inches set on Nov. 1, 1901.
Emergency services reported that numerous rescues were ongoing throughout the Roswell area, with water entering homes and cutting off numerous roads.
The Chaves County Sheriff’s Office shared an emergency alert on its Facebook page warning of “an extremely dangerous and life-threatening situation.”
The Sheriff’s Office later shared videos of people being brought to safety through floodwaters and of roads being cut off by rising water.
The Spring River in the Cahoon area rose rapidly, stranding several vehicles under bridges along the river.
This is a developing story. Please check back for updates.
