Opening statements to begin Friday in Daniel Penny trial over Jordan Neely subway death
Andrew Savulich/New York Daily News/Tribune News Service via Getty Images, FILE
(NEW YORK) — Opening statements will begin Friday in the trial of subway rider Daniel Penny charged in the May 2023 choking death of Jordan Neely, a homeless man, in a New York City subway car.
The jury was seated Wednesday. The trial is expected to last between four and six weeks, according to Judge Max Wiley.
Penny, a former Marine, has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in Neely’s death.
Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
Penny put Neely, 30, in a fatal chokehold “that lasted approximately 6 minutes and continued well past the point at which Mr. Neely had stopped purposeful movement,” prosecutors with the Manhattan District Attorney’s Office have said.
Penny’s attorneys said 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 F train in Manhattan.
Witness accounts differ on Neely’s behavior on the train, prosecutors say.
They note that many witnesses relayed that Neely expressed that he was homeless, hungry and thirsty, and most of the witnesses recount that Neely indicated a willingness to go to jail or prison.
Some witnesses report that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Some witnesses told police that Neely was yelling and harassing passengers on the train; however, others have said though Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, police sources also told ABC News following the incident.
Some passengers on the train that day said they didn’t feel threatened — one “wasn’t really worried about what was going on” and 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,” according to court filings by the prosecution.
Other passengers described their fear in court filings. One passenger said they “have encountered many things, but nothing that put fear into me like that.” Another said Neely was making “half-lunge movements” and coming within a “half a foot of people.”
Neely, who was homeless at the time of his death, had a documented mental health history and a history of 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: “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 against Penny’s dismissal request.
According to prosecutors, footage of the interaction, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.
Prosecutors said that about 3 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,'” the prosecutor said.
The defense argued Penny had no intent to kill, but Steinglass 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 after Penny’s request to dismiss the charge was denied.
In a past statement to ABC News, an attorney representing Neely’s family said, “This case is simple. Someone got on a train and was screaming so someone else choked them to death. 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,” attorney Donte Mills said.
An ABC News graphic shows the latest weather conditions and warnings in the wake of Helene, on Monday, Sept. 30, 2024. — ABC News
(NEW YORK) — The storm surge, wind damage and inland flooding from Hurricane Helene have been catastrophic, flooding neighborhoods, stranding residents, destroying homes and toppling trees in Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee.
Dozens have been killed.
Helene, which made landfall in Florida’s Big Bend region Thursday night as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record.
Here’s how the news is developing:
Biden deploying up to 1,000 active-duty troops to support NC National Guard
President Joe Biden announced Wednesday he has directed the deployment of “up to one thousand active-duty soldiers to reinforce the North Carolina National Guard.” The announcement comes as Biden will travel to South Carolina and North Carolina Wednesday to survey the impacts of Hurricane Helene.
“These soldiers will speed up the delivery of life-saving supplies of food, water, and medicine to isolated communities in North Carolina — they have the manpower and logistical capabilities to get this vital job done, and fast. They will join hundreds of North Carolina National Guard members deployed under State authorities in support of the response,” Biden said in the statement.
“Hurricane Helene has been a storm of historic proportion. My heart goes out to everyone who has experienced unthinkable loss. We are here for you — and we will stay here for as long as it takes,” Biden added.
The White House fact sheet says the soldiers will “support the delivery of food, water, and other critical commodities,” to impacted communities. The fact sheet adds the deployment is effective immediately. The soldiers are part of the Infantry Battalion Task Force based in Fort Liberty, North Carolina, and includes a Forward Support Company, according to the administration.
-ABC News’ Michelle Stoddart
1.3 million customers still without power in some southern states
As recovery efforts from Hurricane Helene’s catastrophic force continue, 1.3 million customers are still without power in some southern states.
As of Wednesday morning, 1,309,419 customers are without power across the South, according to poweroutage.us.
The hardest-hit states are South Carolina with over 493,000 customers without power, North Carolina with over 347,000 customers without power and Georgia with over 372,000 customers without power.
Outages are also reported in Florida (40,012 customers), Virginia (44,999 customers) and West Virginia (10,968 customers).
Helene death toll rises to 166
The confirmed death toll for Hurricane Helene rose to at least 166 people as of Wednesday, The Associated Press reported, as recovery efforts continue across the Southeast.
President Joe Biden will travel to North and South Carolina on Wednesday to survey the destruction while rescuers continue their search for the missing. Vice President Kamala Harris will travel to Georgia, which was also badly affected.
“We have to jump start this recovery process,” Biden said Tuesday. “People are scared to death. This is urgent.”
-ABC News’ Jessica Gorman
Bipartisan senators call on Congress to address Hurricane Helene damage
In a joint letter released Tuesday, Senate leaders Chuck Schumer, Mitch McConnell and several other senators on both sides of the political aisle called on Congress to meet following the devastation of Hurricane Helene.
“Although the true level of devastation is still unfolding, it is clear that Congress must act to meet the unmet needs in our states and address the scope and scale of destruction experienced by our constituents,” the leaders wrote in the letter.
The senators suggested Congress convene in October to “ensure we have enough time to enact legislation before the end of this calendar year.”
“Tens of millions of Americans were impacted by Hurricane Helene, and we look forward to working with you to provide relief to those impacted by this horrific storm,” the senators wrote
Bipartisan senators call on Congress to address Hurricane Helene damage
In a joint letter released Tuesday, Senate leaders Chuck Schumer, Mitch McConnell and several other senators on both sides of the political aisle called on Congress to meet following the devastation of Hurricane Helene.
“Although the true level of devastation is still unfolding, it is clear that Congress must act to meet the unmet needs in our states and address the scope and scale of destruction experienced by our constituents,” the leaders wrote in the letter.
The senators suggested Congress convene in October to “ensure we have enough time to enact legislation before the end of this calendar year.”
“Tens of millions of Americans were impacted by Hurricane Helene, and we look forward to working with you to provide relief to those impacted by this horrific storm,” the senators wrote
1.4 million customers still without power in some southern states
As recovery efforts from Hurricane Helene’s catastrophic force continue, 1.4 million customers are still without power in some southern states.
As of Tuesday evening, 1,469,304 customers are without power across the south, according to poweroutage.us.
The hardest-hit states are South Carolina with over 551,000 customers without power, North Carolina with over 367,000 customers without power and Georgia with over 422,000 customers without power.
Outages are also reported in Florida (57,054 customers), Virginia (57,255 customers) and West Virginia (13,399 customers).
Helene’s death toll climbs to 159
At least 159 people have been killed by Hurricane Helene in Florida, Georgia, South Carolina, North Carolina, Tennessee and Virginia, The Associated Press reported Tuesday.
Death toll rises to 57 in Buncombe County, North Carolina
Buncombe County Sheriff Quentin Miller confirmed that 57 residents have died from the impact of Hurricane Helene.
Over 100,000 people remain without power in the county, Buncombe County Manager Avril Pinder said in a press conference Tuesday.
Water and meals will continue to be provided at several distribution sites in the county. Neighboring counties have stepped in to help and are now receiving overflow 911 calls from Buncombe County, Pinder said.
There are “miles of complete devastation” in Buncombe County, said Scott Dean, with the responding National Urban Search and Rescue team.
Officials said there are 19 federal urban search and rescue teams on the ground in the state, working to get to those who cannot leave their homes and to provide assistance. Local police and fire departments are responding to more accessible areas to answer calls.
Buncombe County and state officials are also discussing deploying and using mobile morgues in the county, Pinder said.
Biltmore Village no longer has standing water, but roads remain blocked from the devastation, which will continue to make it difficult to respond and remove debris from the Asheville neighborhood, said Pinder.
Dr. Jennifer Mullendore, Buncombe County’s medical director, said that the county is accepting donations of certain medications and providing primary health care to adults in need. The NC Board of Pharmacy is helping direct people to pharmacies currently open in the state.
Asheville Assistant City Manager Ben Woody reiterated that it would take weeks for water services to be fully restored in the city.
-ABC News’ Victoria Arancio
38 confirmed deaths in North Carolina, number expected to grow
There have been at least 38 deaths in North Carolina from Helene, Gov. Roy Cooper said in a briefing Wednesday afternoon, but he added he expects that number to grow.
Cooper spent Monday in western North Carolina and will be returning this afternoon, he said. First responders are continuing to rescue people and rush aid to the mountain communities.
More than 460,000 customers are without power down from a peak of more than a million, Cooper confirmed. There are more than 1,100 people being housed in 29 shelters and Cooper said he is still urging people to continue to stay off the roads.
“As heartbreaking as this damage has been, it’s encouraging to see the way people are working together,” Cooper said. “I talked with a number of first responders and medical workers and volunteers who have left their won families to take care of our communities.”
The National Guard currently have 800 guardsmen on duty with 275 vehicles. Almost 200,000 pounds of food and commodities were delivered out of the Asheville airport.
“I have committed to the governor that I will stay here until the event is stabilized and we will continue to bring in as many federal resources as needed, not just for the ongoing response, but as we move into recovery,” Federal Emergency Management Agency Administrator Deanne Criswell said.
-ABC News’ Alex Faul
Kamala Harris to travel to Georgia on Wednesday
Vice President and presidential nominee Kamala Harris will travel to Georgia on Wednesday to check out damage from Hurricane Helene, according to her office.
“Vice President Kamala Harris will travel to Georgia to survey the impacts of Hurricane Helene and receive an on-the-ground briefing about the continued recovery efforts that are occurring in communities across the state,” according to a statement.
The statement did not say exactly where Harris will visit. President Joe Biden is set to visit North Carolina and South Carolina on Wednesday as well.
Harris’ competitor in the presidential race, Donald Trump, visited Valdosta, Georgia, on Monday.
Helene’s death toll climbs to 139
At least 139 people have been killed by Hurricane Helene in Florida, Georgia, South Carolina, North Carolina, Tennessee and Virginia, The Associated Press reported Tuesday.
That includes at least 40 people in Buncombe County, North Carolina, which includes the city of Asheville, local officials said Monday.
Public health emergency declared in South Carolina, Tennessee
A public health emergency has been declared in South Carolina and Tennessee in the wake of Helene, according to the Department of Health and Human Services, following the same declarations in Florida, Georgia and North Carolina.
“We will do all we can to help officials in South Carolina and Tennessee respond to the health impacts of Hurricane Helene,” HHS Secretary Xavier Becerra said in a statement. “We are working closely with state and local health authorities, as well as with our partners across the federal government, and stand ready to provide additional public health and medical support.”
The Administration for Strategic Preparedness and Response deployed about 200 personnel to assist local officials with the storm’s impacts to hospitals, nursing homes and other health care facilities, according to HHS.
The government’s National Disaster Medical System has already deployed 29 trucks filled with equipment to help patients in health care facilities, many of which were totally knocked off the grid.
6,300 National Guardsmen mobilized for recovery efforts
There have been more than 6,300 members of the National Guard mobilized to “support ongoing disaster relief, rescue, and recovery efforts in the aftermath of Hurricane Helene,” according to Secretary of Defense Lloyd Austin.
There will be guardsmen from 12 different states moving into the South to help, especially in North Carolina.
“We continue to stand by the people and communities of North Carolina and all those affected,” Austin added.
Over the past few days, the Department of Defense has mobilized personnel and resources to support ongoing disaster relief, rescue, and recovery efforts in the aftermath of Hurricane Helene. I am grateful to the over 6,300 Guardsmen from over 12 states, U.S. Northern Command, the…
— Secretary of Defense Lloyd J. Austin III (@SecDef) October 1, 2024
FEMA has delivered 1 million liters of water and 600K meals to North Carolina
North Carolina Gov. Roy Cooper called the impact of Hurricane Helene on the state “absolutely catastrophic” in a statement Monday.
“This is an unprecedented response and an absolutely enormous coordinated effort by the state, federal and local partners,” Cooper said.
Cooper, who inspected the staging area at the Asheville airport Monday, said “Hundreds of thousands of pounds of supplies are being flown in, packed onto helicopters and flown into areas that can’t be reached by vehicles.”
The Federal Emergency Management Agency (FEMA) has delivered 1 million liters of water and 600,000 meals to people in North Carolina, Cooper said.
The governor added that there are 92 search and rescue teams working to help bring residents to safety.
Biden says he’ll travel to North Carolina on Wednesday
President Joe Biden told reporters from the Oval Office he will travel to North Carolina on Wednesday to survey the damage.
He said he plans to land in Raleigh for a briefing and then do an aerial tour of Asheville to avoid straining on-the-ground resources.
He said he will visit Georgia and Florida “as soon as possible after that.”
Asked by ABC News’ Karen Travers how Americans can help out, Biden recommended people reach out to the Red Cross — and gear up for a long recovery.
“There is a lot to do, and this is just beginning,” Biden said. “We’ve been through this before, but not — not like this. This is the worst ever.”
Harris to impacted communities: ‘Our nation is with you’
Vice President Kamala Harris called the storm damage throughout the Southeast the “worst destruction and devastation that we have seen in quite some time” during remarks from FEMA’s headquarters in Washington, D.C., Monday afternoon.
“In coordination with state and local officials, President Biden and I will continue to make sure that communities have the support and the resources that they need — not only to respond to this storm and its immediate aftermath, but also the resources they will need to recover,” Harris said.
Harris said more than 3,300 federal personnel are on the ground to assist with recovery efforts, including deploying food, water and generators as well as helping to restore water and power.
“To everyone who has been impacted by this storm, and to all of those of you who are rightly feeling overwhelmed by the destruction and the loss, our nation is with you,” she said. “We will continue to do everything we can to help you recover and to help you rebuild. No matter how long it takes.”
Harris said she has spoken to Georgia Gov. Brian Kemp and North Carolina Gov. Roy Cooper and plans to be “on the ground as soon as possible” without disrupting any emergency response operations.
Storm ‘unprecedented’ for western North Carolina
Helene is “an unprecedented storm” for western North Carolina, requiring an “unprecedented response,” North Carolina Gov. Roy Cooper said Monday.
“We’re dealing with a situation that is unlike anybody’s ever seen in western North Carolina,” he said.
The damage is “extensive and devastating” and is “going to require significant resources, both in the short-term and the long-term,” the governor said.
Ninety-two rescue teams are out conducting search and rescues right now, Cooper said.
More than 300 roads are closed and some bridges have been destroyed, officials said.
Over 7,000 North Carolina residents have registered for FEMA individual assistance and that money is already flowing in, according to Will Ray, director of North Carolina Emergency Management.
FEMA Administrator Deanne Criswell promised that the agency will “be here as long as it takes to finish this response and continue through the recovery.”
“We have the resources here in North Carolina to help,” Criswell said. “We will continue to send additional resources in.”
Full extent of damage still unclear: Homeland security adviser
Homeland security adviser Liz Sherwood Randall said the full extent of the damage from the hurricane is still unclear.
“It probably will take several more days, as communities begin to be opened up by the debris clearance on the roads, and we can get in, and really understand what’s happened to them,” she said.
Sherwood-Randall said about 600 people are unaccounted for.
“We’re very hopeful that some of those people just don’t have cellphones working and actually are alive,” she said.
Sherwood-Randall said 3,500 federal response personnel have been deployed to the region and additional personnel is expected to arrive in the coming days.
With communication remaining a major challenge, Sherwood-Randall said, “Today, FEMA will install 30 Starlink receivers in western North Carolina to provide immediate connectivity for those in greatest need.”
She also highlighted that in states that have received major disaster declarations, FEMA is working to distribute serious needs assistance, which gives “an immediate $750 direct payment to eligible households, to allow them to pay for essential items like food, baby formula, water, medications and other emergency supplies.”
-ABC News’ Molly Nagle
Sen. Rick Scott calls for Senate to reconvene to pass emergency aid
Sen. Rick Scott, R-Fla., is calling upon the Senate to reconvene to approve an emergency aid package for victims of Hurricane Helene.
“While I know from my experience with previous hurricanes that FEMA and [Small Business Administration] damage assessments take time, I am today urging Majority Leader Chuck Schumer to immediately reconvene the U.S. Senate when those assessments are completed so that we can pass the clean supplemental disaster funding bill and other disaster relief legislation, like my Federal Disaster Tax Relief Act, needed to ensure the full recovery of families in all impacted communities,” Scott said in a statement Monday.
Any additional funding, beyond the funding approved by President Joe Biden and able to be drawn down from FEMA, would need to be approved by both chambers of Congress.
The Senate let out on Wednesday after approving a stopgap funding bill to keep the government funded through Dec. 20. The Senate is not scheduled to return until Nov. 12. The House is also out of session and would need to return to approve any aid.
-ABC News’ Allison Pecorin
How to help
Click here for a list of charities and organizations that are supporting relief efforts, including the Red Cross and Americares.
Trump visits hard-hit Valdosta, Georgia
Former President Donald Trump visited hard-hit Valdosta in southern Georgia on Monday to distribute supplies and “stand in complete solidarity with … all of those suffering in the terrible aftermath of Hurricane Helene.”
“Valdosta has been ravaged,” Trump said. “The town is, very, very badly hurting, and many thousands are without power. They’re running low on food and fuel. We brought a lot of it down with us.”
“We’ll continue to help until you’re bigger, better, stronger than ever before,” Trump said.
The former president held a “moment of silence and prayer” for those killed in the storm.
Twenty-five people in Georgia have died in the storm, Gov. Brian Kemp said.
Trump said he’ll also visit North Carolina as the state works to recover from Helene.
Biden plans to visit storm zone Wednesday or Thursday
President Joe Biden said Monday that Helene is “not just a catastrophic storm — it’s a historic, history-making storm.”
Biden said he will travel to the impact zone as soon as possible, ideally Wednesday or Thursday. He said he’s been told it’d be disruptive to visit immediately, and he does not want to interfere with these areas accessing the relief they desperately need.
“Communities are devastated. Loved ones waiting, not sure if their loved ones are OK, and they can’t contact them because there’s no cellphone connections. Many more folks displaced have no idea when they’ll be able to be return to their home, if ever, if there’s a home to return to,” he said.
“There’s nothing like wondering, ‘Is my husband, wife, son, daughter, mother, father, alive?’ And many more who remain without electricity, water, food and communications,” he said.
Biden said he’s directed his team “to provide every available resource as fast as possible.”
Biden vowed, “We’re not leaving until the job is done.”
Helene ‘spared no one’ in Georgia, governor says
Hurricane Helene “literally spared no one” in Georgia, Gov. Brian Kemp said Monday.
Twenty-five people in Georgia have died in the storm, Kemp said. The victims include: a 27-year-old mother and her 1-month-old twin boys, who died when a tree fell on their home; Leon Davis, an assistant fire chief from Blackshear, who died when a tree fell on his car while he was responding to a call; and a 7-year-old boy and a 4-year-old girl who died when a tree fell on their burning house, he said.
More than 500,000 customers in Georgia remain without power after Helene damaged over 5,000 poles, the governor said. Kemp said Georgia Power officials are calling Helene the most devastating storm they’ve faced.
Former President Donald Trump is scheduled to visit hard-hit Valdosta, Georgia, on Monday.
35 dead, hundreds unaccounted for in hard-hit Buncombe County, North Carolina
Thirty-five people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Shelters are at capacity, officials said.
The city of Asheville has partnered with Verizon to establish a temporary cellphone tower, officials said.
-ABC News’ Alex Faul and Jessica Gorman
600 people still unaccounted for in hard-hit Buncombe County, North Carolina
Six-hundred people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Thirty people in Buncombe County have been confirmed dead from the hurricane, the sheriff said Sunday.
Buncombe County remains under a state of emergency.
-ABC News’ Jessica Gorman
Helene remnants move into mid-Atlantic
After dumping more than 30 inches of rain on North Carolina and producing the biggest local flood in recorded history, the remnants of Helene are forecast to move on Monday into the mid-Atlantic.
As southeastern United States worked to clean up from Helene, some of its remnants are moving into Mid-Atlantic today with heavy rain forecast for West Virginia, Virginia and Maryland.
There is an elevated flood threat on Monday in Virginia and West Virginia, where the already saturated ground could get additional 1 to 2 inches of rain, which could produce flash flooding.
-ABC News’ Max Golembo
Harris planning visit to communities impacted by Helene
Vice President Kamala Harris intends to communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official.
Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.
At a rally in Las Vegas on Sunday, Harris addressed those who were impacted by the hurricane by sending her “thoughts and prayers” and thanking first responders.
“I know that everyone here sends their thoughts and prayers for folks who have been so devastated in Florida, in Georgia, the Carolinas and other impacted states. And we know that so many have been impacted. Some have died, but I want to thank everyone for doing everything you can to think about them,” Harris said. “Send them your thoughts and your prayers. I want to thank the first responders who have done so much. I stand with these communities for as long as it takes to make sure that they are able to recover and rebuild.”
-ABC News’ Gabriella Abdul-Hakim, Fritz Farrow and Will McDuffie
Gov. DeSantis says power restored to all but 111K in Florida
Florida Gov. Ron DeSantis shared a major update on power restoration progress in the state on Sunday.
DeSantis said a post on X that most customers who lost power after Hurricane Helene made landfall in Florida’s Big Bend area last week, have had their electricity restored.
The governor said power was back for 2.3 million customers, and 99% of the state has power.
He added that power remains out for 111,000 customers.
Biden intends to visit hurricane zone this week
President Joe Biden spent his Sunday evening receiving briefings on the damage from Hurricane Helene, and speaking to local officials from the impacted areas.
In a statement, the White House said Biden intends to travel to the impacted areas this week, “as soon as it will not disrupt emergency operations.”
Additionally, Biden spoke by phone Sunday with Georgia Gov. Brian Kemp, North Carolina Gov. Roy Cooper, Valdosta, Georgia, Mayor Scott Matheson and Taylor County, Florida, emergency management director John Louk, according to the White House.
The president also reached out to additional officials across North Carolina, Tennessee, Florida and South Carolina.
“In each conversation, the President received updates on response and recovery efforts, and he shared how the Biden-Administration will continue providing support to impacted communities – for as long as it takes,” the White House said in the statement.
-ABC News’ Sarah Kolinovsky
Trump to visit Valdosta, Georgia
Former President Donald Trump is scheduled to visit Valdosta, Georgia, on Monday to receive a briefing on the damage caused by Hurricane Helene, help distribute supplies and deliver remarks, his campaign said.
President Joe Biden said Sunday that the photographs showing Hurricane Helene’s damage are “stunning.”
When asked by reporters about his message to the victims, Biden said, “It’s tragic.”
“My FEMA advisor is on the ground in Florida right now. … We’re working hard,” Biden said.
Asked by ABC News if there are more resources the federal government could be providing, Biden responded, “No, we’ve given them. We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet.”
-ABC News’ Michelle Stoddart
25 dead in South Carolina
Hurricane Helene’s impact on South Carolina has been “devastating,” and the storm has claimed the lives of 25 people in the state, Gov. Henry McMaster said Sunday.
“We don’t want to lose any more,” McMaster said.
Nearly 1.3 million customers lost power in South Carolina at Helene’s peak. As of Sunday afternoon, more than 800,000 customers remain in the dark.
The governor emphasized that power companies are working around the clock to restore electricity. Thousands of workers are on the ground, but downed trees tangled in power lines are delaying efforts, he said.
-ABC News’ Jason Volack
FEMA sending more search and rescue teams to North Carolina
FEMA Director Deanne Criswell said the agency is sending more search and rescue teams to western North Carolina, where residents are facing “historic” flooding from Hurricane Helene.
“I don’t know that anybody could be fully prepared for the amount of flooding and landslides that they are experiencing right now. But we have had teams in there for several days. We’re sending more search and rescue teams in there,” Criswell told CBS’ Face the Nation.
Gov. Roy Cooper described Hurricane Helene’s damage in western North Carolina as “catastrophic.”
“This unprecedented storm dropped from 10 to 29 inches of rain across the mountains, leading to life-threatening floods and landslides,” he said Sunday.
Water systems have been impacted and some roads have washed away, hampering the ability for officials to set up food and water distribution sites.
“We have sent bottled water in, but we also have the Army Corps of Engineers that’s getting ready to start assessments today to see what we can do to help get those water systems back online quickly,” Criswell said.
“We’re also moving in satellite communications, Starlink satellites, into the area to help facilitate the lack of communication that part of the state is experiencing,” Criswell added.
(MEMPHIS, Tenn.) — A former officer who pleaded guilty to charges connected to the death of Tyre Nichols became emotional during his testimony Tuesday in the federal trial of three ex-Memphis police officers charged in connection with the January 2023 beating death of Nichols.
“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, the ABC affiliate in Memphis covering the case in the courtroom. “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.”
Mills struggled to speak after watching body camera video in court of Nichols being struck, according to WATN. Mills admitted to using his baton to hit Nichols three times.
“I was angry because I just [pepper] sprayed myself in the face,” Mills said, according to WATN. “I didn’t give him a chance to give me his hands.”
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.
When Mills was asked by the prosecution what threat Nichols posed during the officers’ encounter with Nichols as shown in the court through body camera footage, the ex-officer answered, “None,” according to WATN.
Mills claimed that he wanted to leave the Memphis Police Department (MPD) by the time Bean joined the SCORPION unit, the MPD’s former crime suppression unit, which has since been disbanded, because he didn’t like the structure of the team, his former colleagues were inexperienced and the culture of the team was “go, go, go,” according to WATN.
“I just pulled the spray out and I sprayed Mr. Nichols,” Mills, who claimed Smith and Bean were already punching Nichols when he arrived on scene, said, according to WATN. “I failed to assess and analyze … just started spraying.”
Mills could be heard on body camera footage played in the court threatening to pepper-spray Nichols as the Memphis resident called out for his mother, according to WATN.
“I thought it would help and get handcuffs on him,” Mills said, according to WATN.
Mills said Martin and Haley were hostile toward citizens and he didn’t like what he saw, according to WATN. The ex-officer claimed their aggressive approaches resulted in them filing several response to resistance forms, which officers are required to fill out to explain their use of force while on the job.
Mills claimed Haley would come to work “amped up” from his pre-workouts, according to WATN. He said he talked to Haley about his inconsistent use of his body camera video, to which Haley allegedly told him, “F— that sh–.”
Mills said that Haley kicked a handcuffed suspect in the face the day before the Nichols’ encounter and didn’t report it, according to WATN.
“I was going to go along and hide it with the rest of the team,” said Mills, who also didn’t report Haley’s use of force, according to WATN.
The response to resistance form lists Mills as using chemical spray, but not Haley kicking the suspect, according to WATN.
Mills claimed Smith, who’s also on trial, told the unit that they needed to check on Martin’s mental state after he returned to work after being hit by a car on the job, according to WATN.
In court testimony last week, Martin, who was the first to spot Nichols, claimed that he was hit by a car in November 2022 and returned to work Jan. 3, 2023, according to WATN. Martin said he was scared, angry, eager to show he could still do the job and wanted revenge for being struck by a vehicle.
“I wanted some kind of revenge. I was seeing red,” Martin said, according to WATN
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.
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.
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.
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.
“It was ugly,” Mills said when asked by the prosecution why he didn’t tell his supervisor the truth about the Nichols encounter, according to WATN. “So, we didn’t tell lieutenant.”
ABC News’ Deena Zaru and Sabina Ghebremedhin contributed to this report.
Lev Radin/Pacific Press/LightRocket via Getty Images
(NEW YORK) — Questions about New York City Mayor Eric Adams’ future in office have begun to swirl as he faces indictment by a federal grand jury amid calls for his resignation.
The indictment, which was announced Wednesday, details five charges, including improper campaign contributions from foreign nationals, wire fraud, and bribery during his time as Brooklyn borough president and NYC mayor.
Adams is the first New York City mayor to be indicted while still in office.
In a recorded speech addressed to New Yorkers on Wednesday night, Adams said he would fight the indictment with “every ounce of my strength and my spirit.” He also said he would not resign as mayor.
But should Adams ultimately heed the growing calls for him to step down, who will take his place?
New York City Public Advocate Jumaane Williams is next in the line of succession and would become acting mayor. He previously served on the NYC Council representing the 45th District neighborhoods of Flatbush, East Flatbush, Midwood, Flatlands, and Marine Park in Brooklyn from 2010 to 2019.
Williams is a first-generation Brooklyn native of Grenadian heritage, who graduated from the NYC public school system and earned his bachelor’s and master’s degrees from Brooklyn College. As public advocate, his duties include serving “as an ombudsman for city government, providing oversight for city agencies, investigating citizens’ complaints about city services and making proposals to address perceived shortcomings or failures of those services,” according to his biography on the city’s official public advocate website.
Williams also previously served as the executive director of NYS Tenants & Neighbors, which describes itself as “a grassroots membership organization working collaboratively with tenants to build and effectively wield power to preserve and protect affordable housing in New York State.”
While serving on the NYC Council, Williams “championed landmark legislation that fundamentally transformed policing in NYC,” according to his official biography, including “ending the abuse of Stop, Question & Frisk in communities of color and creating the NYPD’s Office of Inspector General to investigate unlawful & unethical behavior.”
Additionally, Williams is former co-chair of the NYC Council’s Task Force to Combat Gun Violence and worked with them to reduce gun violence in New York City.
After Williams, the next in the mayoralty line of succession is New York City Comptroller Brad Lander, who is running against Adams in the 2025 mayoral race.
Lander is already calling on Adams to resign. “Trust in public institutions — especially City Hall — is essential for our local democracy to function and for our city to flourish,” he posted Wednesday on X, in part. “The hardworking people of New York City deserve a city government and leadership they can trust. Right now, they don’t have it.”
Adams “deserves due process, the presumption of innocence, and his day in court,” Lander’s post continued. “However, it is clear that defending himself against serious federal charges will require a significant amount of the time and attention needed to govern this great city. The most appropriate path forward is for him to step down so that New York City can get the full focus its leadership demands.”
As comptroller, Lander is New York City’s chief financial officer. His official biography describes his role as New York City’s “budget watchdog and chief accountability officer,” including serving as “investment advisor and custodian for the City’s public pension funds.”
His biography cites his success in uncovering through audits “nearly a quarter of a billion dollars underreported in NYC Ferry expenditures, inadequate cost controls in Covid-19 emergency procurement, and the ineffectiveness of the City’s homeless sweeps,” in addition to other initiatives and accomplishments.
Before he was elected as city comptroller in 2021, Lander was a 12-year veteran of the NYC Council, serving the 39th district, representing parts of Brooklyn.
ABC News’ Aaron Katersky contributed to this report.
