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.'”
(MEMPHIS, Tenn.) — The judge overseeing the federal trial of three ex-Memphis police officers charged in connection with the January 2023 beating death of Tyre Nichols told the jury on Wednesday to disregard the emotional part of the previous day’s testimony from a former officer who pleaded guilty to charges connected to Nichols’ death.
Judge Mark Norris was referring to Desmond Mills Jr.’s statements on the witness stand Tuesday as he described how he felt when watching the police body camera footage from the night of Nichols’ beating, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom.
“I wish I would’ve stopped the punches. It hurts to watch. It hurts inside so much,” said Desmond Mills Jr., who cried during his testimony, according to WATN. “It felt bad every time the picture is on the screen to know I’m a part of that. I made his child fatherless. I’m sorry. I’m sorry. I know ‘sorry’ won’t bring him back, but I pray his child has everything he needs growing up.”
Justin Smith, Demetrius Haley and Tadarrius Bean were charged on Sept. 12, 2023, with violating Nichols’ civil rights through excessive use of force, unlawful assault, failing to intervene in the assault and failing to render medical aid. These charges carry a maximum penalty of life in prison, according to the U.S. Department of Justice. The officers have pleaded not guilty to all charges.
Mills and Emmitt Martin III, the two other officers who were also charged in this case, have pleaded guilty to some of the federal charges.
Mills pleaded guilty to two of the four counts in the indictment — excessive force and failing to intervene, as well as conspiring to cover up his use of unlawful force, according to the DOJ. The government said it will recommend a maximum penalty of 15 years in prison, based on the terms of Mills’ plea agreement.
Martin pleaded guilty to excessive force and failure to intervene, as well as conspiracy to witness tamper, according to court records. The other two charges will be dropped at sentencing, which has been scheduled for Dec. 5, according to the court records.
“We’re praying for everyone involved,” Ben Crump, the civil rights attorney representing the Nichols’ family, said during a prayer vigil Wednesday morning outside the courthouse when asked for his response regarding Mills’ emotional testimony.
Crump said this trial was one of the most emotional trials he has ever attended, a sentiment shared by Antonio Romanucci, his co-counsel.
“In my career, which is now over 40 years,” Romanucci said, “I have never seen such testimony as I did yesterday — police officer who had such contrition. [Former] Officer Mills, without knowing it, just talked about why we’re here, and that’s for accountability.”
The prosecution told ABC News earlier this month that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
Within the courtroom, defense attorneys cross-examined Mills regarding the use of his baton on Nichols, which Mills said on Tuesday he used to hit Nichols three times the night of their encounter, according to WATN.
Mills claimed that he didn’t use the baton to hit Nichols in the head, but admitted that he used it improperly since it’s only meant to be used in self-defense, according to WATN. He said it was the first time he ever used his baton or used excessive force on a suspect.
Mills noted that the use of his baton was not because verbal commands weren’t working on Nichols when asked by the defense, according to WATN.
Mills reiterated his testimony from Tuesday that he was angry and he sprayed himself with pepper spray, and therefore used excessive force on Nichols, according to WATN.
“I was angry because I just [pepper] sprayed myself in the face,” Mills said on Tuesday, according to WATN. “I didn’t give him a chance to give me his hands.”
Mills disagreed with Bean’s attorney when he asked Mills if he was the only one who could intervene to stop the beating, since Mills didn’t have his hands on Nichols that night, according to WATN. The ex-officer claimed that the other officers could have moved Nichols away from the strikes and punches while they held his hands.
Mills admitted to the defense that the reason he changed his statement about what happened that night was because he took a plea deal from prosecutors, according to WATN. He said he lied in earlier statements.
Mills told prosecutors that when he told Lt. Dewayne Smith, his former supervisor, that the arrest was done “by the book,” he only said that to hide what really happened, according to WATN. The ex-officer claimed that there was a mutual understanding that their off-camera conversations would go unreported.
“I needed this job for my wife and kids,” Mills said when the prosecution asked why he was not initially truthful about the encounter. “This job has good insurance. I have children with special needs. I needed this job for my family. I let them down.”
Mills was asked about response to resistance forms from the incident, stating they weren’t accurate and that Nichols, “was not aggressive at all,” according to WATN.
Mills said that Haley asked him if Mills’ body camera captured him during the encounter with Nichols.
“I hope I’m not on there,” Mills said Haley told him.
Body-camera footage shows that Nichols fled after police pulled him over on Jan. 7, 2023, for allegedly driving recklessly, then shocked him with a Taser and pepper-sprayed him.
Officers allegedly then beat Nichols minutes later after tracking him down. After the police encounter, Nichols was transferred to the hospital in critical condition.
“I was going along, either way, [with] the cover-up,” Mills said. “Hoping for the best that Mr. Nichols would survive and this whole thing would blow over.”
Nichols, 29, died in the hospital on Jan. 10, 2023. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly. The incident triggered protests and calls for police reform.
After the police encounter, Nichols was transferred to the hospital in critical condition. The medical examiner’s official autopsy report for Nichols showed he “died of brain injuries from blunt force trauma,” the district attorney’s office told Nichols’ family in May 2023.
The five former officers charged in this case were all members of the Memphis Police Department SCORPION unit — a crime suppression unit that was disbanded after Nichols’ death. All of the officers were fired for violating MPD policies.
“As an officer, I respond to scenes where the victim looks like Mr. Nichols [did after he was beaten],” Mills said. “This was the first time I was a part of it.”
M. Zoeller/US Geological Survey / Handout/Anadolu Agency via Getty Images
(HILO, Hawaii) — Hawaii’s Kilauea volcano, one of the most active in the world, is erupting again, prompting a volcano watch alert in surrounding areas, according to officials.
The eruption is occurring within a remote area of Hawaii Volcanoes National Park, according to the U.S. Geological Survey’s (USGS) Hawaiian Volcano Observatory.
Lava began flowing from a new fissure vent that opened from east to west within the volcano’s Nāpau Crater early Tuesday morning, the USGS said.
Several lava fountains about 32 feet high and pools of lava on the floor of the crater were observed by helicopters flying over the eruption Tuesday morning.
A separate fissure west of the Nāpau Crater began emitting lava on Monday, stopping after a few hours and then resuming activity later that evening, according to the USGS, which also noted that the eruption was preceded by a sequence of below-ground earthquakes.
About 17 earthquakes were detected beneath the Kilauea summit region between Monday and Tuesday. The earthquakes occurred at depths between .6 and 1.9 miles below the ground surface, the USGS said.
The USGS issued a volcano watch – known as a code orange – which means that an eruption is either likely or occurring but with no, or minor, ash.
There is no immediate threat to life or infrastructure, but residents nearby may experience volcanic gas emissions related to the eruption, the USGS said.
Yet hazards remain around the Kilauea caldera from the instability of the Halemaʻumaʻu crater wall, the USGS said. Ground cracking and rockfalls can be enhanced by earthquakes.
Volcanic smog, known as vog, presents airborne health hazards to people and livestock and has the potential to damage agricultural crops and other plants, according to the USGS.
The USGS further warned that additional ground cracking and outbreaks of lava around the active and inactive fissures in Kilauea are also possible.
Another potential hazard is Pele’s hair, a volcanic glass formation produced from cooled lava that’s stretched into thin strands. The USGS warns that winds could carry lighter particles from the strands downwind. Contact with the particles can cause skin and eye irritation, according to the USGS.
Eruptions at Kilauea have been destructive in the past. In 2018, more than 600 properties were destroyed by heavy lava flow that stretched from the Kilauea summit to the ocean.
Unusual eruptions that were described as being similar to a “stomp-rocket toy,” a children’s toy that involves launching a rocket into the air after stomping on the release mechanism, contributed to the severity of the lava flow and could potentially impact future eruptions, according to a paper published earlier this year in Nature Geosciences.
The area surrounding the rim of Kilauea’s Halemaʻumaʻu crater has been closed to the public since 2008 due to the hazards.
ABC News’ Bonnie Mclean contributed to this report.
(NEW YORK) — Dangerous, record-breaking heat is ongoing in the West, with the temperature in Phoenix reaching the triple digits every day for the last three weeks.
Phoenix climbed over a scorching 110 degrees on 80 days in 2024 — shattering the record set last year with 55 days of temperatures over 110 degrees.
The heat spreads across the Southwest and the South this weekend, with temperatures soaring to the 90s in cities including Las Vegas, Austin, Dallas and Little Rock, Arkansas.
There are hundreds of deaths each year in the U.S. due to excessive heat, according to CDC WONDER, an online database, and scientists caution that the actual number of heat-related deaths is likely higher.
Meanwhile, as Florida cleans up from the devastation left by Hurricane Milton, lingering river flood warnings are ongoing for parts of Florida and Georgia.
Choppy seas are also keeping the rip current risk high for many beaches in Georgia and Florida’s east coast.
