No CBP personnel responding to Uvalde shooting violated policy or law: Internal report
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(UVALDE, Texas) — U.S. Customs and Border Protection personnel who responded to the shooting at Robb Elementary School in Uvalde, Texas, did not violate policy or the law, according to an internal CBP report released on Thursday.
However, the report found responding agents weren’t properly trained for a school shooting event and there were no clear instructions from local agencies on the ground.
CBP personnel including a tactical team from the agency responded to the shooting at the school in 2022, and they ultimately killed the shooter, but not until after a lengthy delay in the response, according to the report.
The fault of the slow response was ultimately placed on local officials who were at the school but didn’t take command of the scene, according to the report.
Nineteen students and two teachers were killed in the Robb Elementary School mass shooting.
“None of the first responders or CBP personnel who were in a position to take action against the assailant had access to an accurate school layout or understanding of where to locate the necessary keys for entry to critical areas of the school, which may have been mitigated by a functioning command and control system,” CBP said in a statement about the report.
Ahead of the report, CBP has taken more than half a dozen steps to address issues with its response to mass casualty events — and the lack of training before the shooting hindered the CBP response, it said.
“The training did not prepare CBP personnel for incidents in which they would be responding to a situation at a school, where an active shooter would be engaged behind a locked door, and where local authorities had not established a command and control framework. It also insufficiently covered using a ballistic shield, legal authorities, leadership responsibilities, and agency interoperability,” according to a press release from the agency.
As a result of the shooting, CBP said it has also corrected several policies. Use-of-force training materials have been distributed to agency personnel across the country, the agency is looking at acquiring more tools to respond to active shooters, and it’s also working on a plan for Congress to clarify federal authorities for responding to mass-casualty situations, according to CBP.
The inability of law enforcement to establish an “identifiable incident management or command and control protocols led to a disorganized response to the Robb Elementary School shooting,” the report found.
“No law enforcement official ever clearly established command at the school during the incident, leading to delays, inaction, and potentially further loss of life,” according to the report.
One Border Patrol agent told internal investigators they “never knew who was in command” of the scene.
At least 188 members of CBP responded to the incident, with 19% being members of the BORTAC team — the equivalent of a CBP SWAT team.
There was also no diagram of the school that was useful for the BORTAC agents to use, according to the report..
The report points to a 40-year-old Border Patrol training manual that had not been updated to accurately reflect the post-9/11 federal law enforcement apparatus under the Department of Homeland Security.
“… CBP training on active shooter response procedures did not adequately prepare responding personnel to deal with this situation,” the report states.
(LOS ANGELES) — At least one person is dead after a Los Angeles Metropolitan Transportation Authority bus was hijacked with the driver being forced to drive at gunpoint before police were able to apprehend the suspect, according to authorities.
The incident began at approximately 12:45 a.m. when the Los Angeles Police Department received radio calls to a disturbance on a bus in the area of Manchester Street and Figueroa Street in southern Los Angeles, said Deputy Chief Donald Graham in a briefing to the media Wednesday morning. Initial reports said that there was a potential assault with a weapon before officers discovered the bus stopped at 117th St and Figueroa St.
However, when the LAPD tried to make contact with the people on the bus, the bus started to pull away from the responding officers which led to an hourlong pursuit into the downtown area, officials said.
The bus eventually ended at Alameda St. and 6th Street at approximately 2:10 a.m. after police deployed multiple spike strips and were able to puncture a tire on the right side of the vehicle. On the bus there were two passengers, the driver and suspect.
A SWAT team was immediately called in to assist in the hostage situation and were able to get on the bus and rescue two people, the driver and a passenger, Graham said in his briefing to the media.
The suspect surrendered immediately and was brought into custody. However, when police were clearing the bus, a fourth person was found on with multiple gunshot wounds.
The victim was taken to a local hospital where he later died from his injuries. Two other patients declined treatment, authorities said.
(MEMPHIS, Tenn.) — A former Memphis police officer who pleaded guilty to charges connected to the beating death of Tyre Nichols faced cross-examination from defense attorneys Wednesday.
Emmitt Martin III testified at the trial of the three former officers — Justin Smith, Tadarrius Bean and Demetrius Haley — who 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.
Stephen Leffler, Haley’s attorney, mentioned that the boots of the ex-officers involved in the encounter were taken into evidence after the incident, according to WATN-TV, the ABC affiliate in Memphis covering the case in the courtroom. Martin said that blood was found on his and Haley’s shoes.
Martin Zummach, Young’s lawyer, claimed that the no-snitch rule the former officer’s unit followed didn’t apply to Smith or Bean because they had only worked 11 shifts with Martin. The ex-officer disagreed and said the rule was understood by Smith and Bean as well.
Martin and Desmond Mills Jr., the two officers who were also charged in this case, have pleaded guilty to some of the federal charges.
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. 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 said on Monday that on Jan. 7, 2023, the night Nichols was pulled over, he saw the Memphis resident speeding and changing lanes without a signal, WATN reported. The former officer said he ran Nichols’ license plate and it came back clean. Martin claimed that he switched to car-to-car radio channels and reached out to Haley, who said he would take the lead on apprehending Nichols.
Leffler asked Martin why he said, “Let go of my gun,” during the encounter with Nichols. Martin said that he felt pressure on his duty belt, according to WATN. But Martin also pointed out that he had previously told prosecutors that Nichols was not trying to take the weapon out of his holster and had not seen him do it.
The defense said Tuesday that Martin changed his story of what happened the night of their encounter with Nichols after accepting a plea deal from the prosecution, adding that if the ex-officer’s testimony leads to the conviction of even one defendant, Martin could receive a lesser sentence, according to WATN.
Defense attorneys questioned if Martin was lying on the stand to fulfill the terms of his plea deal, according to WATN. But the ex-officer responded by claiming that he was lying in earlier statements to justify his use of force on Nichols.
In police reports filed the night of Nichols’ arrest, narratives read that the Memphis resident swung at officers and tried to grab Martin’s gun. Martin said on Tuesday that he never saw that occur, according to WATN.
Under cross-examination on Tuesday, Martin was asked by John Keith Perry, Bean’s attorney, whether he had ever told Bean that he had “homicidal thoughts.” Martin said he never told that to Bean and had told that to Justin Smith before coming back to work in January 2023 after being hit by a car in November 2022, according to WATN. Martin said Wednesday he never told his former supervisor, about those thoughts.
Martin said Tuesday that he experienced four life-threatening injuries after being struck by the vehicle and was diagnosed with post-traumatic stress disorder, suffering from loss of sleep, paranoia, irritability and chronic headaches, according to WATN.
Martin told prosecutors Monday that he was scared, angry and eager to show he could still do the job and wanted revenge for being hit by a car, according to WATN.
Body-camera footage shows that Nichols fled after police pulled him over 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. Nichols, 29, died on Jan. 10, 2023 — three days later. Footage shows the officers walking around, talking to each other as Nichols was injured and sitting on the ground. The incident triggered protests and calls for police reform.
Memphis Police Chief Cerelyn Davis said she has been unable to substantiate that Nichols was driving recklessly.
The prosecution told ABC News last week that they will not have any statements until after the trial. The defense attorneys did not immediately respond to ABC News’ request for comment.
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.
(NEW YORK) — A new storm — which will strengthen into Hurricane Helene — is taking aim at Florida, where it’s forecast to make landfall along the Big Bend area as a hurricane on Thursday.
Here’s how the news is developing:
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.
