Suspect arrested for attempted murder after allegedly shooting neighbor amid dispute
ABCNews.com
(MINNEAPOLIS, Mn) Police in Minneapolis arrested a man early Monday morning on charges of second-degree attempted murder for allegedly shooting his neighbor following a year-long dispute.
The arrest came after an intense standoff between a SWAT team and the suspect, 54-year-old John Herbert Sawchak, who surrendered peacefully on Monday, according to police.
Hennepin County Attorney Mary Moriarty, whose office is prosecuting the case, confirmed to ABC News on Monday that Sawchak is in custody and is being held on suspicion of second-degree attempted murder after allegedly shooting his neighbor, Davis Moturi, on the evening of Oct. 23, 2024.
“It was a very traumatic moment,” Moturi told ABC News in an interview on Sunday from his hospital bed. “Just to realize that like, you’ve been injured like that. Not only, not only shot, but shot in your neck and the people are fighting to save your life. And you don’t know if you can make it.”
According to a probable cause statement obtained by ABC News, Moturi’s’ wife told police that her husband was shot while he was outside pruning a tree near the couple’s property line. The incident was captured on surveillance video that was obtained by ABC News.
The suspect allegedly told Davis Moturi, “Touch my tree again and I’ll kill you,” Moturi’s wife told police, according to the probable cause statement.
Police said that the incident came after a year-old dispute between Moturi and Sawchak.
“Defendant has made countless other threats and engaged in almost constant harassment of the victim and his wife since they purchased their home in September 2023,” the probable cause statement said, referencing at least 19 other incidents of “vandalism, property destruction/theft, harassment, hate speech, verbal threats and threatened physical assaults” – the oldest of which dates back to October 2023.
“Even before [the shooting], it had a major impact on my life,” Moturi told ABC News, referencing the ongoing dispute with his neighbor.
According to charging documents obtained by ABC News, Sawchak is facing three additional felony charges for stalking, harassment and assault.
Minneapolis Police Department Chief Brian O’Hara said during an early morning press conference on Monday that there were multiple warrants out for Sawchak’s arrest, but he evaded police for four days and refused to emerge from his home.
“Minneapolis police exhausted all of our efforts to peacefully bring this situation to a resolution without prior to escalating the use of force with a SWAT team and special tactics,” O’Hara said.
“Thankfully, our officers were able to peacefully arrest this individual tonight after several hours of a SWAT operation,” he added.
ABC News’ attempts to reach out directly to Sawchak were unsuccessful and it is unclear if he has retained an attorney. Hennepin County District Attorney Mary Moriarty told ABC News on Monday that Sawchak is in custody and is scheduled to make his first appearance in court on Tuesday afternoon.
O’Hara said on Monday that police made “dozens of attempts” to arrest Sawchak since April but “were unable to make contact with this individual.”
O’Hara acknowledged that law enforcement “failed” to protect Moturi in this case.
“We were unsuccessful,” O’Hara said, in reference to prior attempts to arrest the suspect. “And so in that sense, yes, we failed. We failed this victim. He should not have been shot. But I will say this – we had no reason to suspect that he would shoot … the neighbor from inside the house.”
(WASHINGTON) — A first-of-its-kind survey has found that 3.3% of U.S. high school students identified as transgender in 2023, with another 2.2% identified as questioning.
The first nationally representative survey from the U.S. Centers for Disease Control and Prevention also highlights the multiple health disparities faced by transgender students who may experience gender dysphoria, stigma, discrimination, social marginalization or violence because they do not conform to social expectations of gender, the CDC reports.
These stressors increase the likelihood transgender youth and those who are questioning may experience mental health challenges, leading to disparities in health and well-being, according to the health agency.
Here are some of the findings:
More than a quarter (26%) of transgender and questioning students attempted suicide in the past year, compared to 5% of cisgender male and 11% of cisgender female students. The CDC urged schools to “create safer and more supportive environments for transgender and questioning students” to address these disparities, including inclusive activities, mental health and other health service referrals, and implementing policies that are LGBTQ-inclusive.
About 7 in 10 questioning students (69%) and transgender students (72%) experienced persistent feelings of sadness or hopelessness, which the CDC states is a marker of depressive symptoms.
The CDC estimates 40% of transgender and questioning students have experienced bullying at school. About a quarter of transgender students (25.3%) and more than a quarter of questioning students (26.4%) skipped school because they felt unsafe, compared with 8.5% of cisgender male students.
Trans students were more likely to experience unstable housing in the last month than cisgender students. The CDC found 10.7% of trans students and 10% of questioning students said they experienced unstable housing, compared to 2.1% of cisgender males and 1.8% of cisgender females.
The CDC noted this disparity is likely caused of discrimination, such as family rejection.
Additionally, “transgender students might experience discrimination, harassment, and assault among foster, shelter, and other social service providers that make this population less likely to be sheltered when experiencing unstable housing, compounding their vulnerability to experiences of violence, poor mental health, and suicidal thoughts and behaviors,” the report states.
The Youth Risk Behavior Surveillance System regularly surveys more than 20,000 high school students in both public and private schools nationwide to monitor adolescent behavior over time to identify key issues and health needs.
If you are struggling with thoughts of suicide or worried about a friend or loved one, call or text the Suicide & Crisis Lifeline at 988 for free, confidential emotional support 24 hours a day, seven days a week.
(NEW YORK) — A tropical storm warning is in effect in the Carolinas as the coast braces for a new storm set to make landfall on Monday.
The tropical system may strengthen to Tropical Storm Helene by the time it comes on shore near Myrtle Beach, South Carolina, on Monday afternoon.
Helene will bring the threat of wind gusts up to 55 mph, coastal flooding with waves up to 11 feet, heavy rain possibly reaching 10 inches and potential flash flooding.
There’s also a threat for a few tornadoes in North Carolina on Monday.
Some of the rain will then reach the Mid-Atlantic, including Washington, D.C., by Tuesday.
Delaware, Maryland, Virginia, North Carolina and South Carolina face the risk of flash flooding on Monday and Tuesday.
The coastal city of Wilmington, North Carolina, is in the bull’s-eye for the worst of the flooding. Flash flood threat map, Sep. 16, 2024.
(ATHENS, Ga.) — The suspect accused of murdering Laken Riley on the University of Georgia’s campus was found guilty on all charges Wednesday, including malice murder and felony murder.
Prosecutors called the evidence against the suspect “overwhelming,” while the defense raised the theory that the defendant could be an accomplice but not the killer during closing arguments in his trial.
Jose Ibarra, 26, was accused of killing the 22-year-old nursing student while she was out for a run after prosecutors said she “refused to be his rape victim.” Jose Ibarra, an undocumented migrant, was charged with malice murder and felony murder in connection with her death, which became a rallying cry for immigration reform from many conservatives, including President-elect Donald Trump.
Jose Ibarra waived his right to a jury trial and the case was presented over four days in the Athens-Clarke County courtroom to Judge H. Patrick Haggard, who rendered the verdict on Wednesday.
Sobbing could be heard in the courtroom as he read the guilty verdicts on each charge.
Before announcing his verdict, Haggard told the courtroom that he wrote down two statements from the attorneys during closing arguments.
One was a statement by the prosecutor, who said the “evidence was overwhelming and powerful.”
The other was one by the defense attorney, who said that the judge is “required to set aside my emotions.”
“That’s the same thing we tell jurors,” he said. “That’s the way I have to approach this, and I did. Both of those statements are correct.”
Court is on recess until 12:30 p.m. ET, at which point Haggard said he is ready to move ahead with sentencing.
Jose Ibarra faces a minimum sentence of life in prison with the possibility of parole.
Prosecutors called 28 witnesses while laying out what they said was evidence beyond a reasonable doubt that Jose Ibarra killed Riley, who died by blunt force head trauma and asphyxia.
Special prosecutor Sheila Ross told the court Jose Ibarra encountered Riley while she was on her morning jog on Feb. 22 while he was out “hunting” for women on the Athens campus.
Ross said Riley “fought for her life” in a struggle that caused Jose Ibarra to leave forensic evidence behind. Digital and video evidence also pointed to him as the only killer, she said.
“The evidence in this case has been overwhelming, and the evidence in this case has spoken loud and clear — that he is Laken Riley’s killer, and that he killed her because she would not let him rape her,” Ross said during her closing argument on Wednesday.
A forensics expert testified that Jose Ibarra’s DNA was found under Riley’s right fingernails, and that his two brothers, who lived with him in an apartment near the campus, were excluded as matches.
When Jose Ibarra was questioned by police a day after the murder, he had visible scratches on his arms, officers said. He also had scratches on his neck and back, which Ross said could have only been left by Riley.
“In order to not find him guilty, you would have to disbelieve your own eyes,” Ross said.
“She marked him. She marked him for everyone to see. She marked him for you to see,” Ross told the judge.
Prosecutors argued Jose Ibarra hindered Riley from making a 911 call, and said his thumbprint was left on her phone. Data from his Samsung phone and the Garmin watch Riley was wearing on her run showed the devices overlapped and were in close proximity in the forest where she was found dead, an FBI analyst testified.
Jose Ibarra was captured on Ring footage discarding a bloody jacket and disposable gloves near his apartment about 15 minutes after Riley died, prosecutors said. The individual’s face can’t be seen in the video, but Jose Ibarra’s roommate testified that it was him. The defendant’s brother, Diego Ibarra, also identified him as the person in the video while being questioned by police a day after the murder.
Riley’s DNA was found on the jacket and gloves, the forensics expert said. Jose Ibarra’s DNA was also found on the jacket, while his two brothers were excluded as matches, the expert said.
“That is what we call consciousness of guilt in our business — he threw away those items because he knew he had killed her, and he threw them away because he didn’t want anyone to find him,” Ross said.
Her DNA was also found on an Adidas cap he was seen wearing in the video, the expert said. That cap was not discarded, Ross surmised, because Jose Ibarra could not see that there was actually blood on it.
Jose Ibarra was also seen in different clothes from the dumpster Ring footage discarding unidentifiable items in a bag that was never recovered by police hours after the killing. Ross surmised that the bag contained the clothes he was wearing earlier, which were also similar to ones he was wearing in a selfie posted on Snapchat earlier that morning.
“His digital evidence of posting selfies of himself wearing what is basically his rapist gear an hour before he leaves his house that condemns him, he has condemned himself,” Ross said.
The defense called three witnesses, including a neighbor who said Diego Ibarra had threatened her the night of Riley’s murder.
The defense said they had planned to call two additional witnesses — including Diego Ibarra, who is in federal custody awaiting sentencing after pleading guilty to possessing a fraudulent green card, however, his attorney did not wish for him to testify.
“While the evidence in this case is voluminous, it is circumstantial,” defense attorney Kaitlyn Beck told the judge.
Beck told the judge they advised Jose Ibarra to have a bench trial “trusting that your honor could and believing that your honor would set aside the emotions in this case and simply consider the evidence.”
She argued there is doubt about what was tested and said the judge should be “skeptical” of the DNA evidence.
She presented an “alternative theory” that Diego Ibarra was actually Riley’s murderer, and that Jose Ibarra was an accomplice in covering up the evidence.
“Maybe it was him throwing away the jacket, as Diego said, maybe he was covering up for his brother,” Beck said.
“Under that theory, of course, Jose would be guilty of tampering, but that theory does not prove that he was present or involved in the murder of Laken Riley,” she said.
She said since three gloves were discarded, which “suggests that there are multiple pairs of hands wearing those gloves.”
On rebuttal, Ross called the defense’s theory “desperate” and a “mischaracterization of the evidence.”
“There is no reasonable explanation for all of this evidence other than he is guilty of every single count in this indictment,” Ross said.
Diego Ibarra told officers during questioning that he was asleep at the time the killing occurred. A Georgia Bureau of Investigation testified earlier Wednesday that there was no evidence to contradict that statement.
Jose Ibarra, a migrant from Venezuela who officials said illegally entered the U.S. in 2022, waived his right to testify during the trial. He had pleaded not guilty to the charges, including malice murder and felony murder.
Additional charges in the 10-count indictment included aggravated battery, kidnapping with bodily injury, aggravated assault with intent to rape, obstructing or hindering a person making an emergency telephone call and tampering with evidence. The latter charge alleged that he “knowingly concealed” evidence — the jacket and gloves — involving the offense of malice murder.
Jose Ibarra was also charged with a peeping tom offense. Prosecutors said that in the hours before Riley’s murder, he spied through the window of a UGA graduate student, and said the incident “shows his state of mind” that day.
The student testified that she called police after hearing someone trying to open her door.
Ross said the person at the student’s apartment was wearing clothes similar to the ones Jose Ibarra had on in the Snapchat selfie posted earlier that morning, including the Adidas cap.
