D’Vontaye Mitchell’s family settles with hotel as workers face murder charges in connection to his death

D’Vontaye Mitchell’s family settles with hotel as workers face murder charges in connection to his death
D’Vontaye Mitchell’s family settles with hotel as workers face murder charges in connection to his death
ABC News

(MILWAUKEE) — The family of D’Vontaye Mitchell, who died on June 30 after he was pinned down by four hotel workers outside a Hyatt Regency in Milwaukee, reached a settlement with the hotel on Monday after the workers, whose actions were seen in security video, were charged in his death.

Family attorneys Ben Crump, Will Sulton and B’Ivory Lamarr said in a joint statement on Monday that the Mitchell family’s legal team “entered good faith conversations” with Hyatt “with the goal of helping to achieve resolution for the family of D’Vontaye Mitchell.”

“We are pleased to share that we have reached an amicable settlement,” they added. “The terms of an agreement will be confidential. The parties are pleased that they were able to resolve this matter outside of court and will have no further comment about the settlement.”

A spokesperson for Aimbridge Hospitality – the hotel management firm that manages the Hyatt in Milwaukee – confirmed the settlement to ABC News in a statement on Monday.

“The settlement announced today is a result of the good faith discussions with the representatives of the family of D’Vontaye Mitchell with the goal of bringing the family some comfort as they mourn this tragic loss,” the statement said.

The announcement of the settlement comes after a court official in Milwaukee on Monday denied motions to dismiss charges of felony murder filed against four hotel workers in connection to Mitchell’s death.

The attorneys for the four hotel workers – security guard Todd Alan Erickson, front desk agent Devin W. Johnson-Carson, bellman Herbert T. Williamson, and Brandon Ladaniel Turner, a security guard who was off-duty during the incident – argued during a preliminary hearing on Monday that there was no probable cause for felony murder and asked for the charges to be dismissed.

Milwaukee County Court Commissioner Rosa Barillas ordered the four men to stand trial, saying, “I am going to find that the state has met their burden, find that there is probable cause to believe that there — a felony was committed by Mr. Erickson, Mr. Carson, Mr. Turner and Mr. Williamson, and they are all bound over for trial to the Circuit Court.”

Craig Johnson, an attorney representing Johnson-Carson, told ABC News in a statement on Monday that he and his client “respectfully disagree with the probable cause finding.”

“This situation was a tragedy, but not every tragedy has a villain, and not every tragedy is a crime,” Johnson added. “In this case, we expect to contest the connection between any action of Mr. Johnson-Carson and the death of Mr. Mitchell. Mr. Johnson-Carson was responding to a volatile and potentially dangerous situation that could have threatened the safety of hotel staff and guests. His actions were not criminal, and did not contribute to the death of Mr. Mitchell.”

Meanwhile, attorney Matt Last, who represents Turner, told ABC News in a statement on Monday that they are “disappointed” that the charge against his client was not dismissed.

“We contend the testimony provided in court did not support such a finding,” Last said. “We further believe the testimony showed Mr. Turner was acting in a lawful and appropriate matter and intend on proving this to a jury.”

ABC News reached out to the attorneys representing Williamson and Erickson, but requests for comment were not immediately returned.

According to court records reviewed by ABC News, the defendants have not yet entered pleas in this case and are scheduled to be arraigned on Thursday.

The Milwaukee District Attorney’s Office announced on Aug. 6 that it filed a felony murder charge against each of the four individuals related to Mitchell’s death on June 30 at the Hyatt Regency Hotel in Milwaukee.

“These charges are based on an extensive review of the evidence collected by the Milwaukee Police Department, the autopsy conducted and the report produced by the Milwaukee County Medical Examiner’s Office, and information received from members of the community,” the Milwaukee District Attorney’s Office said in a statement.

The Milwaukee County medical examiner ruled Mitchell’s death was a homicide, the result of restraint asphyxia and toxic effects of cocaine and methamphetamine.

ABC News’ Sabina Ghebremedhin contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

Boyfriend kills girlfriend, her mother in shooting outside Kentucky courthouse: Police

Boyfriend kills girlfriend, her mother in shooting outside Kentucky courthouse: Police
Boyfriend kills girlfriend, her mother in shooting outside Kentucky courthouse: Police
ABC News

(ELIZABETHTOWN, Ky.) — Three family members were shot, including two fatally, near a courthouse in Kentucky on Monday before attending a hearing on an emergency protective order, officials said.

The suspect in the incident — who was dating one of the victims — fled the scene and shot himself during a standoff with police, according to the Elizabethtown Police Department.

The shooting unfolded in a parking lot across the street from the Hardin County Justice Center shortly before 9 a.m. ET, officials said.

Three people were shot in an “ambush-type style” attack, Elizabethtown Police Chief Jeremy Thompson said. The suspect — identified as Christopher Elder, 46 — fled the scene in a vehicle.

The suspect’s girlfriend — 37-year-old Erica Riley of Elizabethtown — was pronounced dead at the scene, police said. Her mother, 71-year-old Janet Rylee of Hardinsburg, was also shot and died from her injuries at a hospital, police.

A third person, a man related to the victims, was also shot and remains in stable condition, police said. His name has not been released.

Two children belonging to one of the victims were also at the scene but were unharmed, Thompson said. No additional details on the juveniles were released.

Following a vehicle pursuit in western Kentucky, Elder shot himself during a standoff with police, authorities said. He remains hospitalized in critical condition, police said.

The shooting was an isolated, domestic incident, police said. It occurred prior to a hearing on an emergency protective order those involved were attending at the courthouse, according to Elizabethtown Mayor Jeff Gregory.

“It’s just terrible, it’s a tragedy,” said Gregory, who previously served during a career in law enforcement. “Domestic situations are never predictable. They often end in horrible situations like this. Unfortunately, that happened in downtown Elizabethtown today.”

The investigation is ongoing, police said.

“Please join [my wife] Britainy and me in praying for everyone affected by this senseless act of violence,” Kentucky Gov. Andy Beshear said in a statement.

Copyright © 2024, ABC Audio. All rights reserved.

Deadly house fire near Houston prompts triple homicide investigation

Deadly house fire near Houston prompts triple homicide investigation
Deadly house fire near Houston prompts triple homicide investigation
ABC News

(HOUSTON, Texas) — A fire that ripped through a home on Sunday in suburban Houston is being investigated as a triple homicide after investigators found evidence that three people discovered dead inside the residence were killed before the blaze started, authorities said.

The fire at the two-story brick home in Cypress, Texas, northwest of Houston, was reported Sunday morning, and while extinguishing the blaze, firefighters made the grim discovery of the three bodies inside and investigators found evidence of foul play, according to Sgt. Michael Ritchie of the Harris County Sheriff’s Office.

The remains found inside the house were those of a mother, her adult son and his girlfriend, Ritchie said during a news conference outside the burned home on Sunday afternoon.

The victims were identified Monday afternoon by the sheriff’s office as 54-year-old Kelly Ann Masciarelli, her 23-year-old son, Kolin Paul Foster, and his girlfriend Cameryn Richards, whose age was not released.

“These individuals look like they were deceased before the fire was started. So, this is definitely a homicide, not accidental death due to fire and smoke,” Richie said.

The fire broke out around 7 a.m. at the home, which sits at the end of a cul-de-sac, prompting neighbors to call 911, the sheriff’s office said in a statement Monday.

“Once firefighters went inside, they immediately located an adult female and removed her from the house into the front yard,” according to the statement. “Once the fire was extinguished, two more bodies were discovered upstairs.”

All three victims were pronounced dead at the scene, officials said.

It remained unclear Monday if anyone else had been staying at the home, officials said.

Richie said trauma on the bodies noticed by firefighters and paramedics led investigators to launch a homicide investigation. He said investigators are waiting for autopsies to determine the exact cause of death.

Before entering the home, homicide investigators obtained a search warrant. The home also needed to be inspected to ensure the fire was completely out and it was safe to go inside, officials said.

Arson investigators advised the sheriff’s office that the blaze looked to have been deliberately started by an accelerant, officials said.

“Unfortunately, we’ve seen this before in homicides where an individual will commit murder and then try to set a fire inside the home to cover their tracks,” Richie said.

No arrests have been announced in the incident. But Richie said investigators are pursuing several leads.

“We are reviewing some video that we’ve been able to recover,” Richie said. “We are looking for some possible suspects.”

Copyright © 2024, ABC Audio. All rights reserved.

4 children found shot in stolen car in Minneapolis

4 children found shot in stolen car in Minneapolis
4 children found shot in stolen car in Minneapolis
Getty Images – STOCK/ilbusca

(MINNEAPOLIS) — Four children, ages 11 to 14, driving around Minneapolis in a stolen car were shot and wounded, one critically, when an assailant chasing them unleashed a barrage of gunfire on the vehicle, police said.

The shooting unfolded around 1 a.m. Sunday in northwest Minneapolis, setting off ShotSpotter gunfire detection activations and prompting multiple 911 calls, according to Minneapolis Police Chief Brian O’Hara.

Two boys and two girls were shot in the incidents, and an 11-year-old boy driving the stolen car was taken into custody, O’Hara said. One of the wounded girls was shot in the head and was in critical but stable condition at Hennepin Medical Center, O’Hara said. The other three juveniles were treated for non-life-threatening injuries, O’Hara said.

The names of those injured were not released.

“Four kids shot between [the ages] 11 and 14 is outrageous and everyone should be up in arms over it. The police are doing everything that we can in response to this, but we can’t keep responding after the fact,” O’Hara said Sunday.

The assailant who opened fire on the stolen white Kia has not been caught or identified and a motive for the shooting remains under investigation.

“The preliminary investigation indicates that five minors were inside of a stolen Kia driving in this area when a dark-colored sedan began following them and firing at them with fully automatic gunfire,” O’Hara said at a news conference Sunday near the crime scene.

At least 30 shell casings were collected at the scene, O’Hara said.

“We believe even more rounds were fired because some of those casings may have been inside the suspect vehicle,” O’Hara said.

The chief said the driver of the stolen car, an 11-year-old boy who was not injured in the shooting, was detained at the scene but was later released to his parents.

O’Hara said two of the juveniles in the stolen car were arrested less than two weeks ago for being in a stolen vehicle.

“We are failing to deter this behavior and, with that being said, we are failing these kids as well,” O’Hara said.

O’Hara said the shooting came during an uptick that Minneapolis police noticed this month in the theft of Kias and Hyundais after the number of those types of stolen vehicles had gone down in the past year.

“What’s most notable over the course of the year is that while there’s fewer of these cars being stolen, the activity that these juveniles are involved with has become more and more brazen,” O’Hara said. “There have been more aggravated assaults, more robberies, more hit and runs, more serious crimes more frequently committed by those individuals who were involved in the theft of these cars. So it’s very, very concerning.”

He said Sunday’s shooting is an example of the escalating boldness of the perpetrators.

“It just shows really brazen, callous behavior,” O’Hara said. “They don’t care about their own lives let alone the lives of other people.”

Copyright © 2024, ABC Audio. All rights reserved.

Ernesto becomes hurricane again; dangerous conditions for East Coast beaches

Ernesto becomes hurricane again; dangerous conditions for East Coast beaches
Ernesto becomes hurricane again; dangerous conditions for East Coast beaches
AYDEE LEE SERRANO/AFP via Getty Images

(NEW YORK) — Ernesto was upgraded to a Category 1 hurricane on Sunday night, with the National Hurricane Center warning of dangerous conditions for East Coast beaches.

The hurricane — which over the past week has caused major power outages and flooding in Puerto Rico and Bermuda — is out over the Atlantic, with maximum sustained winds up to 75 mph.

The NHC expects Ernesto to cross southeastern Newfoundland late Monday into Tuesday morning.

Ernesto is the fifth named storm and the third hurricane of this year’s Atlantic season. It made landfall in Bermuda early on Saturday, dumping 7 to 9 inches of rain and flooding parts of the island. The British Overseas Territory avoided major damage, and Ernesto is now some 200 miles northeast of Bermuda.

High surf and life-threatening rip currents are still anticipated over the next couple of days along the U.S. East Coast.

The entire Atlantic coast from Florida to Maine is under a high-risk rip current alert on Sunday.

“Life-threatening surf and rip current conditions are likely,” the National Hurricane Center warned, “which means life-threatening rip currents are likely, and dangerous for all levels of swimmers.”

Copyright © 2024, ABC Audio. All rights reserved.

One killed, seven injured in Baltimore shooting, police say

One killed, seven injured in Baltimore shooting, police say
One killed, seven injured in Baltimore shooting, police say
Baltimore Police Department

(BALTIMORE) — One man was killed and seven others were injured in a shooting in Baltimore late Sunday night, police said.

Several firearms were found at the scene of the shooting on the 1300 block of Spring Street when police arrived after 8 p.m., Baltimore Police Commissioner Richard Worley said at a press conference.

“There was a gathering over on Spring Street, and at some point, it looks like multiple people opened fire, and we end up with eight people shot and one deceased,” Worley said, as reported by ABC News’ Baltimore affiliate WMAR.

The man who was killed was 36 years old, police said. A woman and six men aged between 22 and 45 were injured, police said. Their conditions ranged from critical to stable, with all taken to local hospitals, police said.

Officials also said there was “no indication” that any of the people who were shot were simply passing by, or not involved in the gathering that was taking place before the shooting.

There was no immediate information released on possible suspects. The Bureau of Alcohol, Tobacco, Firearms and Explosives is assisting with the investigation, which was in its preliminary stages.

Faith Leach, Baltimore’s chief administrative officer, said that under the direction of Mayor Brandon Scott the administration was launching “community neighborhood stabilization efforts right here in this community in the days ahead.”

“Please know that the Scott administration will be here. We will be here in the immediate aftermath of this incident, but we will also be here for the long term to address your challenges, your needs, and to also help the community heal,” Leach said.

ABC News’ Megan Wordell contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

Georgia sheriff’s deputy killed after being ‘ambushed’ responding to domestic dispute call

Georgia sheriff’s deputy killed after being ‘ambushed’ responding to domestic dispute call
Georgia sheriff’s deputy killed after being ‘ambushed’ responding to domestic dispute call
Paulding County Sheriff’s Office

(DALLAS, Ga.) — A Georgia sheriff’s deputy was shot and killed Saturday night while responding to a call about a domestic dispute, officials said.

Paulding County Sheriff Gary Gulledge identified the deceased deputy as Brandon Cunningham, a 30-year-old father of two.

“Tonight, we’ve lost a hero,” Gulledge said.

Cunningham and another deputy were “ambushed” while responding to a home in Hiram after receiving reports of a domestic dispute, Maj. Ashley Henson said during a press conference later Saturday night.

“Unfortunately, it appears as if our deputies were ambushed,” Henson said, calling it a “tremendously tragic situation.”

Upon arriving at the address, the deputies were met with gunfire from the suspect inside the home, Henson said.

Cunningham was struck, while the other deputy avoided the gunfire.

A female victim at the scene was also shot and was transported to the ICU. She was in stable condition as of Saturday night, officials said.

The male suspect, who officials have not identified, was found dead at the scene of an apparent self-inflicted gunshot wound.

Cunningham was a father of two who had worked for the sheriff’s department since 2020.

His death marks the first officer killed in the line of duty in the Paulding County Sheriff’s Office.

In a statement shared to Facebook, the department called it “one of the hardest in the history of the Paulding County Sheriff’s Office.”

“I ask that you pray for this family — both blood and blue,” Gulledge said during the press conference. “Everybody here is hurting, our whole staff is hurting.”

Copyright © 2024, ABC Audio. All rights reserved.

Driver allegedly kills innocent bystander while trying to mow down domestic partner: Police

Driver allegedly kills innocent bystander while trying to mow down domestic partner: Police
Driver allegedly kills innocent bystander while trying to mow down domestic partner: Police
Douglas Sacha/Getty Images

(HOUSTON) — A driver could face a possible murder charge after he allegedly struck and killed an innocent bystander on a sidewalk in Houston early Sunday while attempting to mow down his domestic partner, according to police.

The incident unfolded around 3 a.m. after patrol officers in the city’s Midtown area responded to what they initially thought was a gunshot and found the mortally injured victim on the sidewalk, Robert Ementich, a spokesperson for the Houston Police Department, said during a news conference.

“It’s my understanding that the victim, the decedent, was actually the manager of one of the nightclubs and was preparing to go home,” Ementich said.

Witnesses, including the alleged intended target, told police the suspect and his domestic partner were involved in an altercation at a nightclub and left the establishment, Ementich said.

“Upon leaving the establishment, the male got into the vehicle and started driving around and struck multiple vehicles,” Ementich said.

Ementich said the driver’s domestic partner alleged to investigators that the suspect, whose name was not immediately released, intended to strike her with the vehicle when he hit the innocent bystander.

“She was able to get out of the way,” Ementich said of the suspect’s companion. “Unfortunately, an innocent bystander who was walking on the sidewalk was struck by the suspect’s vehicle.”

Ementich said the Houston Fire Department administered first aid, but the woman was pronounced dead at the scene.

The name of the woman killed was being withheld by police pending an autopsy and notification of her relatives.

Ementich said it was not immediately clear if the suspect’s domestic partner was his wife or girlfriend.

With help from witnesses, police officers located the suspect several blocks away and took him into custody, Ementich said.

Ementich said police and prosecutors are looking into possibly filing a murder charge against the suspect, alleging it was an “intentional act” to try to hit his partner.

“It’s kind of like if he were to pull out a gun and try shooting his wife and missed. It was still his intention to use a deadly weapon,” Ementich said. “Instead of a 160-grain bullet, he used a 4,000-pound motor vehicle as his weapon of choice.”

Copyright © 2024, ABC Audio. All rights reserved.

Ernesto weakens to tropical storm after lashing Bermuda as hurricane

Ernesto weakens to tropical storm after lashing Bermuda as hurricane
Ernesto weakens to tropical storm after lashing Bermuda as hurricane
Getty Images/Getty Images

(NEW YORK) — Ernesto has been downgraded to a tropical storm after passing over the Caribbean island of Bermuda as a hurricane without causing major damage.

The storm — which over the past week has caused major power outages and flooding in Puerto Rico and Bermuda — looks set to pass the Canadian coast on its way into the northern Atlantic by the middle of the coming week.

Ernesto is the fifth named storm and the third hurricane of this year’s Atlantic season. It made landfall in Bermuda early on Saturday, dumping 7 to 9 inches of rain and flooding parts of the island. The British Overseas Territory avoided major damage, and Ernesto is now some 200 miles northeast of Bermuda.

As of Sunday morning, Ernesto had winds of 70 mph and was moving slowly — heading north-northeast at only 9 mph — though it is predicted to pick up speed in the course of the day. Increased speed may see Ernesto again cross the 74 mph sustained winds threshold to return to Category 1 hurricane status.

All tropical alerts associated with Ernesto have now expired, with the storm far out at sea. A new tropical storm watch may be issued for southern Newfoundland later today, according to the National Hurricane Center.

But high surf and life-threatening rip currents are still anticipated over the next couple of days along the U.S. East Coast.

The entire Atlantic coast from Florida to Maine is under a high risk rip current alert on Sunday.

“Life-threatening surf and rip current conditions are likely,” the National Hurricane Center warned, “which means life-threatening rip currents are likely, and dangerous for all levels of swimmers.”

Ernesto is expected to pass close to southern Newfoundland as a post-tropical cyclone by Monday night.

Copyright © 2024, ABC Audio. All rights reserved.

Shooting incident reported near JBSA-Lackland Base, officials say

Shooting incident reported near JBSA-Lackland Base, officials say
Shooting incident reported near JBSA-Lackland Base, officials say
Douglas Sacha/Getty Images/STOCK

(SAN ANTONIO) — The main gate to U.S. Air Force Joint Base San Antonio-Lackland has reopened after an off-base shooting incident early Saturday.

Guards at the gate discharged their weapons in the incident, but there was no active threat to the base and no one from the base sustained any injuries, according to an official.

“The incident involved unidentified members in a sedan shooting at members of JBSA security forces team while performing duties at Chapman Annex Gate,” Air Base Wing Public Affairs said in a statement.

“We can confirm that it was an off-base incident at the JBSA-Chapman Training Annex main gate that prompted a response from our security forces. There was no active threat to the installation. We did not sustain any injuries. We’re working to confirm some other details,” an official told ABC News earlier Saturday.

The San Antonio Police Department is leading the investigation into what officials called an “aggravated assault.”

This is a developing story. Please check back for updates.

Copyright © 2024, ABC Audio. All rights reserved.