More FDNY members have died from World Trade Center illnesses than killed on 9/11
Rescue 1, Manhattan’s elite lifesaving unit, which was one of the first firefighting squads to reach the twin towers after last week’s terrorist attack lost all of its members at the World Trade Center, New York City, Sep. 12, 2001. (Todd Maisel/NY Daily News Archive via Getty Images)
(NEW YORK) — Twenty-three years after Sept. 11, 2001, illnesses linked to the World Trade Center terrorist attack have now killed more members of the New York City Fire Department than were killed on 9/11 itself.
On the day the Twin Towers fell, 343 members of the FDNY were killed, according to officials.
In the 23 years since, more than 360 FDNY members have died of World Trade Center-related illnesses, the department said. Twenty-eight of those FDNY deaths were over the last year, according to the FDNY Uniformed Firefighters Association.
“Those insurmountable losses did not end at the World Trade Center site,” New York City Fire Commissioner Robert Tucker said. “Instead, we have seen our members become sick because of time they spent working in the rescue and recovery.”
Of the 2,753 people killed at the World Trade Center, about 40% — 1,103 people — remain formally unidentified. There has not been a new identification of remains since January.
The National September 11 Memorial & Museum’s annual commemoration ceremony will take place on Wednesday, beginning at 8:30 a.m. ET.
Shareif Ziyadat/Getty Images for United Justice Coalition
(DALLAS) — Former Dallas police officer Amber Guyger became eligible for parole over the weekend, five years after being convicted of murder in the fatal 2018 shooting of Botham Jean. Jean’s family is calling for the parole board to reject early release for Guyger and to ensure that she serves her full 10-year sentence.
“We have to deal with that sentence for the rest of our lives. So for the person responsible for taking Botham away from us just unjustly and senselessly, the logical thing to do is to have her serve her full sentence,” Allisa Charles-Findley, Jean’s sister, told ABC News in an interview on Monday. “And 10 years, to me, it’s a light sentence for murder.”
Guyger fatally shot 26-year-old Jean on Sept. 6, 2018 while he was eating ice-cream in his Dallas, Texas, home after mistakenly entering his apartment believing it was her own. She was convicted of murder on Oct. 1, 2019, after a jury unanimously rejected Guyger’s self-defense claims in the fatal shooting.
Charles-Findley and her family, including her mother and brother Brandt, who publicly forgave Guyger in an extraordinary moment during her sentencing hearing in 2019, all want to see Guyger serve her full sentence and are planning to share their thoughts in interviews with the parole board next week, she told ABC News.
“Brandt’s forgiveness of Amber Guyger does not mean that she does not get to be punished for her crime,” Charles-Findley said. “Forgiveness doesn’t supersede punishment, so whether he forgave her or not, that has no bearing on her serving her full sentence for committing that crime.”
The date for Guyger’s parole hearing hasn’t been set, and her attorney didn’t immediately respond to ABC News’ request for comment.
Death of an innocent man: Timeline of wrong-apartment murder trial of Amber Guyger
Guyger was sentenced to 10 years in prison on Oct. 2, 2019 and became eligible for parole on Sunday — the day that would have been Jean’s 33rd birthday.
With Guyger ‘s parole eligibility, Charles-Findley said that her brother’s birthday this year was a “very difficult day” for the family as they honored his memory.
“Botham was a praise leader at church, so every single song just reminded me of him. I could hear him singing it,” she said. “So yesterday was hard. We spent it together at church. But after that, I just needed time alone and, like the past six years, I’ve spent Botham’s birthday just crying in bed.”
Guyger, who was fired from her job as a Dallas police officer in the wake of the shooting, was initially facing a maximum sentence of up to 99 years in prison in this case.
Her sentence initially disappointed Jean’s family, with some of them breaking down in tears and shaking their heads after it was announced.
“Ten years was a bitter pill to swallow, but eventually I accepted it,” Charles-Findley told ABC News. “So now, five years later, to have to deal with her being eligible for early release … it feels like just going through this whole trial all over again, because every single minute I have this pit in my stomach just wondering if she will be let go early, and how, how am I now supposed to accept it?”
Amber Guyger convicted of murder in wrong-apartment killing of innocent man
While delivering her victim impact statement ahead of Guyger’s October 2019 sentencing hearing, Jean’s mother, Allison Jean, said she has struggled to work or sleep and her family’s lives had not been the same since her middle child was killed.
“I have to keep the family together because everybody’s in pain,” she said.
Meanwhile, Guyger’s mother, Karen Guyger, said that her daughter hasn’t been the same since the shooting and she “wanted to take [Jean’s] place. She’d always tell me she wished she could have taken his place. She feels very bad about it.”
Jean’s then-18-year-old brother took the witness stand and spoke to Guyger.
“I know if you go to God and ask him, he will forgive you,” Brandt Jean said.
Brandt Jean, who opened up about why he chose to forgive his brother’s killer in an exclusive interview with “Good Morning America” on Oct. 4, 2019, then asked the judge if he could give Guyger a hug — a request that the judge granted.
“This is what you have to do to set yourself free,” Brandt Jean told “GMA.” “I didn’t really plan on living the rest of my life hating this woman.”
Extraordinary act of mercy: Brother of Botham Jean hugs and forgives Amber Guyger after 10-year sentence imposed
Charles-Findley said that while her brother forgave Guyger because it was “necessary for him to be relieved of the burden,” she is “not there yet.”
“I haven’t started to process forgiving Amber Guyger. I know for me, my reasoning is, I don’t believe her story. I don’t believe she has been honest with the events that took place that night,” she said.
Charles-Findley has petitioned the U.S. Department of Justice to look into this case as she seeks “full accountability,” she noted.
“As his big sister, I will not stop until I just try my hardest to get full accountability for him because he deserves it. He did nothing wrong. Eating ice cream in your apartment, watching football is not a crime, no matter the color of your skin,” she said.The Justice Department didn’t immediately respond to ABC News’ request for comment.
After her conviction, Guyger’s attorney filed multiple appeals, but they were rejected by the Court of Criminal Appeals — Texas’s highest court — in 2022, according to ABC Dallas affiliate WFAA.
Unless she is released on parole, court records indicated that Guyger has a projected release date of Sept. 29, 2029.
ABC News’ Bill Hutchinson contributed to this report.
David DePape in Berkeley, Calif., Dec. 13, 2013. Michael Short/San Francisco Chronicle via Getty Images
(SAN FRANCISCO) — David DePape was sentenced Tuesday to life in prison without the possibility of parole in the state trial over the hammer attack against Paul Pelosi.
A jury found DePape guilty in June of false imprisonment of an elder by violence or menace, residential burglary, threatening a family member of a public official, dissuading a witness by force or threat and aggravated kidnapping.
Before the sentencing, DePape’s attorneys asked for a new trial. That motion was denied.
DePape was also sentenced to 30 years in prison in May in the federal case, in which he was convicted of seeking to hold former House Speaker Nancy Pelosi hostage and attacking her husband with a hammer.
DePape had broken into the Pelosi home in San Francisco looking for Nancy Pelosi, who was not home at the time.
Following the guilty verdict in the state case, San Francisco District Attorney Brooke Jenkins said the conviction ensures that DePape “will face consequences for his heinous crimes against the Pelosi family and our democracy.”
DePape’s public defender, Adam Lipson, said at the time they were disappointed by the verdict.
“I don’t believe that this was a kidnapping for ransom, I think that it’s really unfortunate that he was charged this way,” Lipson told reporters, adding that his client had lived a “very isolated” life and had gotten “wrapped up in a lot of conspiracy theory-type situations.”
DePape did not testify during the three-week state trial. He had pleaded not guilty to the charges.
Paul Pelosi testified that on the night of the attack, DePape woke him by asking, “Are you Paul Pelosi?” and had a hammer and zip ties, according to San Francisco ABC station KGO.
“He seemed very intent on what he was going to do,” Paul Pelosi said, according to KGO.
DePape apologized for the attack during his sentencing hearing in the federal case.
“I’m sorry for what I did, especially what I did to Paul Pelosi,” he said during the resentencing hearing, according to KGO. “I should have just left the house when I realized Nancy Pelosi wasn’t home.”
A federal jury found DePape guilty in November 2023 of attempted kidnapping of a federal officer or employee, and assault of an immediate family member of a federal official.
After a judge sentenced DePape to 30 years in federal prison in May, the sentencing was reopened when prosecutors noted that the defendant was never formally given the opportunity to address the court during his sentencing. He was again sentenced to 30 years in prison at a subsequent hearing.
DePape admitted during the federal trial that he was looking for Nancy Pelosi to question her about Russian influence on the 2016 election and planned to hold her hostage, but only Paul Pelosi was at their San Francisco home when he broke in on Oct. 28, 2022.
Paul Pelosi said on the stand during the federal trial that DePape repeatedly asked him, “Where is Nancy?”
DePape hit Paul Pelosi, then 82 years old, with a hammer, causing major injuries, including a skull fracture, but told the court that Paul Pelosi was “never my target.”
“I’m sorry that he got hurt,” DePape said during the federal trial. “I reacted because my plan was basically ruined.”
The incident was captured on police body camera video by officers who responded to the scene.
Paul Pelosi was hospitalized for six days following the attack and underwent surgery to repair the skull fracture and serious injuries to his right arm and hands.
(NEW YORK) — Daniel Penny “used far too much force for far too long” and though he may be an “honorable veteran” and “nice young man,” he was reckless with Jordan Neely’s life because “he didn’t recognize his humanity,” Assistant District Attorney Dafna Yoran said in her opening statement Friday during the trial over the fatal chokehold.
“He was aware of the risk his actions would kill Mr. Neely and did it anyway,” Yoran said.
Penny is charged with manslaughter and negligent homicide in the May 2023 death of Neely, a homeless man who was acting erratically on a New York City subway car.
“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” Yoran told a rapt jury.
Neely entered a moderately crowded subway car at the Second Avenue stop and began making threats about hurting people, scaring many of the passengers, Yoran said.
She pointed at Penny as she told the jury, “This man, took it upon himself to take down Jordan Neely. To neutralize him.”
Thirty seconds later, the train arrived at the next station and all the passengers left the train car, except two men who were helping Penny restrain Neely. The prosecutor said Penny hung onto Neely for 51 seconds after Neely’s body went limp.
“By doing so, he pushed Mr. Neely to the point of no return,” Yoran said. “He left Mr. Neely lying on the floor unconscious and didn’t look back.”
Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death. His attorneys have said Neely was “insanely threatening,” but Yoran said Penny’s actions were unnecessarily reckless because he continued the chokehold for 5 minutes and 53 seconds after the subway car was empty of passengers. “A grasp that never changed,” Yoran called it.
“The defendant did not intend to kill him. His initial intent was even laudable,” Yoran said. “But 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 prosecutor told jurors they would see video of the chokehold.
“You will see Mr. Neely’s life being sucked out before your very eyes,” Yoran said, appearing to upset one of the jurors who grimaced and briefly shut his eyes.
She also said jurors would see body camera video of Penny’s initial encounter with police, four and a half minutes after letting go of Neely.
When the officer asked Penny what happened, the prosecutor said Penny replied that Neely had been threatening. “Then he said, ‘I just put him out,'” Yoran told the jury.
The defense is set to give its opening statement on Friday following a break.
Protest audible from courtroom
The sounds of a sidewalk protest over the death of Neely were audible in the 13th-floor courtroom ahead of opening statements. Protesters were heard calling Penny a “subway strangler.”
Judge Max Wiley said he would instruct jurors to ignore “noise outside the courthouse.”
Penny, in a slate blue suit, strode confidently into the courtroom and took his seat at the defense table ahead of opening statements.
The jury of seven women and five men, four of whom are people of color, will be asked to do something prosecutors concede is difficult: convict someone of an unintentional crime.
To convict, prosecutors must prove Penny’s use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.
Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
The case has fueled political narratives about urban crime and captivated a city in which the subway is indispensable.
Differing accounts of the incident
While there is no doubt that Penny’s actions led to Neely’s death on May 1, 2023, witness accounts differ regarding the events that led up to Penny applying the fatal chokehold, according to various sources.
Many witnesses reported that Neely, 30, who was homeless at the time of his death and was known to perform as a Michael Jackson impersonator, had expressed that he was homeless, hungry and thirsty, according to prosecutors. Most of the witnesses also recounted that Neely indicated a willingness to go to jail or prison.
Some witnesses also reported that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.
According to prosecution court filings, some passengers on the train that day said they didn’t feel threatened. One said they weren’t “really worried about what was going on,” while another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”
Other passengers, however, described being fearful, according to court filings. One said they “have encountered many things, but nothing that put fear into me like that,” while another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”
Neely had a documented history of mental health issues and arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.
Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station, according to court records.
“Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing objecting to Penny’s dismissal request.
According to prosecutors, footage of the interaction, which began about two minutes after the incident started, captures Penny holding Neely in the chokehold for about four minutes and 57 seconds on a relatively empty train, with a couple of passengers nearby.
Prosecutors said that about three minutes and 10 seconds into the video, Neely ceases all purposeful movement.
“After that moment, Mr. Neely’s movements are best described as ‘twitching and the kind of agonal movement that you see around death,'” prosecutors said.
The case is expected to feature testimony of passengers who were aboard the subway at the time, as well as a roughly six-minute video of the chokehold.
Jury to hear eyewitness statements
Before opening statements on Friday, Wiley granted a defense request to allow some of the statements that eyewitnesses to the chokehold made to police that were captured on body-worn cameras.
One witness, a Ms. Rosario, was captured on body-worn camera 15 minutes after the incident aboard the F train.
“I can see most of that statement coming in as an excited utterance,” Wiley said.
The judge declined to allow a part of her statement in which an officer is heard asking whether she thought Neely was on drugs.
A Mr. Latimer is captured a minute later and Wiley said his statement is “well within the immediacy of the event” and could be admitted.
“This person displays emotion, excitement as he’s describing what happened. It’s narrative,” Wiley said.
Most of the passengers who were aboard the train and who witnessed the event are expected to testify at trial.
Jury will see evidence that Neely did not have a weapon
The judge also previously ruled that the jury will see evidence that shows Neely was unarmed.
Penny’s defense had sought to preclude evidence or testimony about the lack of a weapon recovered from a search of Neely’s body but in a written opinion issued Thursday, Wiley said such evidence and testimony is relevant to the case.
“The fact that Mr. Neely was unarmed provides additional relevant information to aid the jury, namely, it clarifies what could have been perceived by someone in the defendant’s position,” Wiley wrote. “The possibility that a person in the defendant’s situation could have been reasonable in mistakenly believing that Mr. Neely had been armed is appropriate for consideration by the jury and well within their capability.”
The defense worried that including evidence that Neely was unarmed could bolster sympathy for the victim but Wiley said it would help the jury decide whether Penny’s actions were justified.
Penny’s lawyers and Neely’s family speak ahead of the trial
Members of Neely’s family were seated with the spectators for opening statements Friday.
“I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely,” his uncle, Christopher Neely, said before entering court.
Prosecutors in the Manhattan district attorney’s office are expected to concede that Neely may have seemed scary to some subway riders, but will argue Penny continued the chokehold well past the point where Neely stopped moving and posed any kind of threat.
Penny’s attorneys have said that they were “saddened at the loss of human life,” but that Penny saw “a genuine threat and took action to protect the lives of others,” arguing that Neely was “insanely threatening” to passengers aboard the subway train.
While Penny’s defense will argue that he had no intent to kill Neely, prosecutor Steinglass has noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.
“We are confident that a jury, aware of Danny’s actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” Penny’s lawyers, Steven Raiser and Thomas Kenniff, said earlier this year, after Penny’s request to dismiss the charge was denied.
“This case is simple. Someone got on a train and was screaming so someone else choked them to death,” Neely family attorney Donte Mills said in a past statement to ABC News. “Those two things do not and will never balance. There is no justification.”
“Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country,” Mills added.
