Neighbor files lawsuit against Pennsylvania chocolate factory over deadly explosion

WPVI

(WEST READING, Pa.) — A Pennsylvania woman who lives next to a chocolate factory that exploded Friday has filed a lawsuit accusing the company of negligence that led to the fatal explosion. 

Betty Wright claimed that she was home at the time of the explosion and was “lifted from her feet and blown across the room causing severe and permanent injuries,” according to the lawsuit.

Seven people died and several others were injured after the explosion at the factory in West Reading.

According to officials, the explosion caused destruction to one building nearby and damaged another. West Reading Mayor Samantha Kaag said the incident was so strong it pushed a building back four feet.

According to the lawsuit, Wright sustained cervical, lumbar, hip and leg injuries in addition to anxiety and the loss of property and belongings as a result of the explosion.

Wright alleged she suffered “a significant wage loss” and impairment to earning capacity or potential, according to the lawsuit. She also said she lost access to her apartment and belongings.

She says the company failed to “properly inspect, repair and/or test the property to prevent this catastrophic explosion,” according to the lawsuit.

“Proper maintenance, monitoring, inspection and/or testing by [R. M. Palmer] would have revealed the existence of the potential explosive condition,” the lawsuit says.

Wright also alleged that at no point prior to the explosion did the company warn her of the “dangerous and explosive hazard that was present in or around her apartment which was in the zone of danger,” according to the suit.

She is asking for damages in excess of $50,000, according to the suit.

An investigation into the cause of the explosion will be conducted, officials said last week.

“In the initial incident report from Berks County to PEMA, a reference to a gas leak was included. It is really important to note that incident reports from counties are a snapshot in time of the understanding of the incident at the time the report was made,” Ruth A. Miller, Pennsylvania Emergency Management Agency’s communications director, said in a statement last week.

On Tuesday, the National Transportation Safety Board said it is launching a safety investigation looking into the natural gas explosion and fire.

The company established a crisis hotline for anyone who needs support and will be offering employees grief counseling, according to a statement on Facebook.

The company did not immediately respond to ABC News’ request for comment about the lawsuit, but released a statement Saturday regarding the explosion.

“Everyone at R.M. Palmer is devastated by the tragic events at one of our West Reading facilities and we are focused on supporting our employees and their families. We have lost close friends and colleagues, and our thoughts and prayers are with the families and friends of all who have been impacted,” the company said on its website.

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1-year-old allegedly fatally shot by 5-year-old sibling at apartment: Police

Miguel Marin/EyeEm/Getty Images

(LAFAYETTE, Ind.) — A 1-year-old boy was allegedly fatally shot by his 5-year-old sibling at an apartment in Indiana, police said.

Police received a report of a shooting at an apartment complex in Lafayette around 3 p.m. local time on Tuesday.

Responding officers found the 1-year-old dead from a gunshot wound at the residence, police said.

“Detectives with the Lafayette Police Department determined that the child was shot by his five-year-old sibling, who was able to gain access to a weapon in the apartment,” the Lafayette Police Department said in a statement.

The weapon was a handgun, according to police.

An autopsy was performed on Wednesday and the preliminary cause of death is one gunshot wound, Tippecanoe County Coroner Carrie Costello said.

The coroner identified the victim as 16-month-old Isiah Johnson.

There are no further updates in the investigation at this time, police said.

“This continues to be an active investigation by our department,” Lafayette Capt. Brian Phillips said in a statement to ABC News on Wednesday.

Lafayette is located about 60 miles northwest of Indianapolis.

Copyright © 2023, ABC Audio. All rights reserved.

7 killed in explosion at chocolate factory in Pennsylvania identified

WPVI

(WEST READING, Pa.) — The cause of a deadly fire is under investigation after seven people were killed and several others injured in an explosion at a chocolate factory in Pennsylvania, police and city officials said.

The explosion occurred Friday evening at the RM Palmer Company in West Reading, located about 60 miles northwest of Philadelphia. It caused destruction to one building nearby and damaged another. Images of the scene showed smoke and flames billowing from the factory.

One person had been found alive overnight in the rubble, giving first responders hope that more survivors would be rescued, though two additional bodies were recovered from the rubble at the site of the factory Sunday night, West Reading Police Chief Wayne Holben said at a press conference.

Tower Heath said earlier its hospital in West Reading initially received 10 patients from the explosion.

The victims killed in the incident ranged in age from 30 to 63 and were all from Pennsylvania.

They were identified by the Berks County Coroner’s Office as Michael Breedy, 62, of Marion Township; Diana Cedeno, 44, of Reading; Domingo Cruz, 60, of Reading; Susan Halvonik, 63, of Upper Providence Township; Judith Lopez-Moran, 55, of Reading; Xiorky Nunez, 30, of Reading, and Amy Sandoe, 49, of Ephrata.

“Forensic medical examinations are continuing to determine the cause and manner of death for all victims,” the coroner’s office said.

An investigation to determine the official cause of the fire will be conducted, officials said.

“In the initial incident report from Berks County to PEMA, a reference to a gas leak was included. It is really important to note that incident reports from counties are a snapshot in time of the understanding of the incident at the time the report was made,” Ruth A. Miller, PEMA’s communications director, said in a statement.

The National Transportation Safety Board on Tuesday said it’s launching a safety investigation looking into the natural gas explosion and fire.

West Reading Mayor Samantha Kaag issued an emergency declaration Saturday to access more resources for emergency responders on the scene.

Kaag, a former volunteer firefighter, called the incident “pretty scary,” adding that it was so strong it pushed a building back 4 feet. The mayor said the factory building was “pretty leveled” and crews will “probably” be working through the weekend to clear the debris.

In a statement Saturday, RM Palmer said it is “devastated by the tragic events.”

“We have lost close friends and colleagues, and our thoughts and prayers are with the families and friends of all who have been impacted,” the company said. “We are sincerely grateful for the extraordinary efforts of all of the first responders and for the support of our Reading community, which has been home to our business for more than 70 years.”

The company said it will continue to coordinate with local and national agencies to assist in the recovery process. It added that it has been unable to get in touch with the families of impacted employees at the time due to downed communication systems but “will be providing additional information and making contact with employees, impacted families, and the community as soon as possible.”

Pennsylvania Gov. Josh Shapiro was on site Saturday surveying the damage and “to pledge our support as the community recovers,” he tweeted.

A woman who lives next to the chocolate factory has filed a lawsuit accusing the company of negligence that led to the fatal explosion.

RM Palmer did not immediately respond to ABC News’ request for comment about the lawsuit.

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Santa Fe DA stepping down from prosecuting Alec Baldwin’s on-set ‘Rust’ shooting

Sam Wasson/Getty Images

(SANTA FE, N.M.) — Santa Fe District Attorney Mary Carmack-Altwies is stepping away from prosecuting the fatal on-set “Rust” shooting, her office announced Wednesday.

The move comes after state Rep. Andrea Reeb announced she would be stepping down as special prosecutor in the case as well.

In their place, Carmack-Altwies appointed long-time New Mexico attorneys Kari Morrissey and Jason Lewis to serve as special prosecutors in the case over the fatal October 2021 shooting of cinematographer Halyna Hutchins, her office said. Actor Alec Baldwin was charged with involuntary manslaughter for Hutchins’ death.

“My responsibility to the people of the First Judicial District is greater than any one case, which is why I have chosen to appoint a special prosecutor in the ‘Rust’ case,” Carmack-Altwies said in a statement. “Kari Morrissey and Jason Lewis will unflinchingly pursue justice in the death of Halyna Hutchins on behalf of the people of First Judicial District.”

With the appointment of the new special prosecutors, Carmack-Altwies will step aside from prosecuting the case, “allowing her to focus on the broader public safety needs in New Mexico’s First Judicial District,” Heather Brewer, a spokesperson for the district attorney’s office, said in a statement.

There will be no further comment on the case at this time, Brewer said.

ABC News’ Vera Dryman contributed to this report.

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

Copyright © 2023, ABC Audio. All rights reserved.

Nashville shooting timeline: How the massacre unfolded at the Covenant School

Nashville Police Department

(NASHVILLE, Tenn.) — Three children and three adults were killed in a mass shooting at the Covenant School in Nashville, Tennessee, on Monday.

The alleged shooter, who was identified by police as 28-year-old Nashville resident Audrey Elizabeth Hale, was killed by officers.

Here is the timeline of what took place, according to investigators. All times are local.

9:53 a.m.: The suspect’s vehicle is seen on surveillance cameras arriving at the school and parking in the parking lot.

9:57 a.m.: The suspect sends a message on Instagram to a former basketball friend from middle school, where the suspect stated, “I am planning to die today.”

10:10 a.m.: The suspect is seen in surveillance footage shooting through the front door and entering the building.

10:13 a.m.: Nashville Police receive the first call of an active shooter inside Covenant School.

10:21 a.m.: The first responding officers arrived on campus, law enforcement officials said.

10:23 a.m.: The first officers enter the school, according to investigators. Police body-worn camera footage shows officers going room-to-room looking for the shooter, clearing classrooms and speeding past at least one body in a hallway.

10:24 a.m.: A team of five officers arrived on the second level and followed the sound of gunfire toward the shooter, according to police body-worn camera footage.

10:25 a.m.: Two officers engaged the suspect, and the suspect is reported down, according to law enforcement officials.

10:27 a.m.: The suspected shooter is declared dead, investigators said.

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Nashville school shooting updates: Governor says now’s not time to talk legislation

BRENDAN SMIALOWSKI/AFP via Getty Images

(NASHVILLE, Tenn.) — Tennessee Gov. Bill Lee has called for prayers in the wake of Monday’s deadly mass shooting at a Nashville elementary school, while noting that “there will be a time to talk about the legislation.”

“I am calling on the people of Tennessee to pray. For the families of victims, for the Covenant family, for those courageous officers, for the family of the shooter, for those who are hurting and angry and confused,” Lee, a Republican, said in a video address on Tuesday evening. “Prayer is the first thing we should do, but it’s not the only thing.”

A shooter gunned down three children and three adults at the Covenant School in Tennessee’s capital city on Monday morning. Responding officers shot and killed the suspect — identified as Audrey Hale, 28, of Nashville — about 14 minutes after the initial 911 call came in, according to the Metropolitan Nashville Police Department.

“Law enforcement officials and educators across our state have been working for years, especially in the last year, to strengthen the safety of schools. That work was not in vain — the courage and swift response by the teachers, officers and this community without a doubt prevented further tragedy,” Lee said in his video address. “There will be a time to talk about the legislation and budget proposals we’ve brought forward this year. And clearly there’s more work to do.”

“But on this day after the tragedy, I want to speak to that which rises above all else,” he added. “The battle is not against flesh and blood, it’s not against people. The struggle is against evil itself.”

A candlelit vigil will be held in Nashville Wednesday evening in honor of the victims of the shooting. First lady Jill Biden is scheduled to attend, the White House said.

Police have identified the slain children as 9-year-old students Evelyn Dieckhaus, William Kinney and Hallie Scruggs. The adult victims were identified as 61-year-old custodian Mike Hill, 60-year-old head of school Katherine Koonce and 61-year-old substitute teacher Cynthia Peak.

In his video address, the Tennessee governor revealed that his wife, Maria, has been friends with Peak and Koonce “for decades.”

“Cindy was supposed to come over to have dinner with Maria last night after she filled in as a substitute teacher yesterday at Covenant,” Lee said.

The Covenant School, a private Christian school for children in preschool through sixth grade, has about 209 students and 40 to 50 staff members. It does not have a school resource officer, according to police.

In a statement released Monday night, the Covenant School said its community “is heartbroken.”

“We are grieving tremendous loss and are in shock coming out of the terror that shattered our church and school,” the school said. “We are focused on loving our students, our families, our faculty and staff and beginning the process of healing.”

The suspect was a former student and Metropolitan Nashville Police Chief John Drake told reporters on Tuesday that it appears that, while the school was likely targeted, “students were randomly targeted.”

Drake had told reporters on Monday that Hale was female and identified as transgender but didn’t immediately provide more details. A police spokesperson later told ABC News that the suspect was assigned female at birth but pointed to a social media account linked to Hale that included the use of the pronouns he/him.

The suspect was armed with two assault-style rifles, a handgun and “significant ammunition” at the time of the attack, police said. Investigators have since searched Hale’s home in Nashville, where they seized “a sawed-off shotgun, a second shotgun and other evidence,” according to police.

Drake said the suspect had legally purchased seven guns from five different local stores and hid some of those weapons at home. Hale was under a “doctor’s care for an emotional disorder,” the police chief said, and Hale’s parents “were under the impression that was when she sold the one weapon” they believed Hale owned.

Hale also had a detailed map of the school as well as “writings and a book we consider to be like a manifesto,” Drake told ABC News in an interview Tuesday on “Good Morning America.”

“We have not been able to determine a motive as of yet,” the police chief said. “The investigation is very much still ongoing.”

Video from the school’s surveillance cameras shows the suspect arriving in a vehicle and parking in the parking lot at 9:54 a.m. ET. Minutes later, the suspect is seen shooting through a door on the side of the school and entering the building. Hale allegedly went from the first floor to the second floor, firing multiple shots, according to police.

Police received a 911 call about an active shooter at the school at 10:13 a.m. ET. As officers responded to the scene, the suspect fired on police cars from a second-floor window, police said.

Video from two of the responding officers’ body-worn cameras shows them entering the school, following the sound of gunfire to the second floor and finding the suspect in a lobby area near a window. After an officer shouts “reloading,” officers Rex Engelbert, a four-year veteran, and Michael Collazo, a nine-year veteran, both fire at the suspect.

President Joe Biden and other Democrats have once again called on Congress to take action on gun legislation, including passing a nationwide ban on assault weapons. Meanwhile, Republicans have once again slammed Democrats for trying to exploit a tragedy for political purposes.

An ABC News/Washington Post poll conducted in September 2019 found 89% of Americans support universal background checks and 86% support red flag laws. The poll found broad bipartisan support, as well; mandatory background checks and red flag laws won support from at least eight in 10 Republicans and conservatives, and as many or more of all others.

Another ABC News/Washington Post poll released in February found the public more divided over assault weapons with 47% supporting such a ban and 51% opposing it — reflecting a nine-point drop in support since 2019.

ABC News’ Libby Cathey, Alex Faul, Matt Foster, Ben Gittleson, James Hill, Doug Lantz, Molly Nagle, Darren Reynolds, John Santucci and Emily Shapiro contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

Thirteen states on alert for strong winds, heavy snow as major storm heads east

Daniela Simona Temneanu / EyeEm/Getty Images

(NEW YORK) — Thirteen states are on alert for strong winds and heavy snow as a major storm moves east.

A major storm hitting the California coast brought damaging winds, heavy rain and heavy snow. The western storm will bring rounds of showers and thunderstorms from the Bay Area to Los Angeles Wednesday.

The rain will arrive in LA in the morning, with thunderstorms possible in the evening and overnight. Some of the thunderstorms could produce gusty winds and small hail.

Wind gusts at the Mammoth Mountain Ski resort reached 98 miles per hour. In Oakland, wind gusts reached 52 miles per hour and at the San Francisco airport, they reached 44 miles per hour.

Northern Bay area and extreme northern California got the most rain, with some areas reporting more than 3 inches. The highest snowfall total so far was near Mount Shasta, California, where 25 inches fell.

The snow was so heavy on I-80 over Donner Pass, California, that the interstate was temporarily shut down.  An additional 1 to 2 inches of rain is possible in parts of California through Wednesday night.

Additional 1 to 2 feet of snow is expected in the California mountains in the next 24 to 36 hours. Up to 18 inches of snow are expected in southern California mountains outside of LA and San Diego.

 This storm will then cross the Rockies on Thursday and Thursday night with 1 to 2 feet of snow possible there.

On Friday, 47 million people could face severe storms, with damaging winds, tornadoes and huge hail.

On Friday afternoon and evening, the storm system will reemerge over the Plains and will bring a new severe weather outbreak from Iowa and Wisconsin, all the way to Mississippi and Alabama, which were hit with deadly tornadoes last weekend.  Cities in the bullseye this Friday will be Des Moines, Iowa; Chicago St. Louis; Memphis and Nashville, Tennessee; Little Rock, Arkansas; and just north of Jackson, Mississippi.

Copyright © 2023, ABC Audio. All rights reserved.

Nashville school shooting suspect owned seven legal guns

Benjamin Hendren/Anadolu Agency via Getty Images

(NASHVILLE, Tenn.) — The suspect in Monday’s mass shooting at a small, private Christian school in Nashville, Tennessee, had legally purchased seven guns from five different local gun stores, and hid some of those weapons at home, police said Tuesday.

Three children and three adults were slain in the attack at The Covenant School. Nashville police on Tuesday released dramatic body camera footage from two officers who fired at the suspect, identified by police as 28-year-old Audrey Hale.

The video shows the officers entering the school, following the sound of the gunfire to the second floor and finding the suspect in a lobby area on the second floor. After an officer shouted “reloading,” the video shows officers Rex Engelbert, a four-year veteran, and Michael Collazo, a nine-year veteran, firing at the suspect.

Hale was shot dead about 14 minutes after the initial 911 call came in, according to police.

The suspect was a former student, and while the Covenant School was likely targeted, Metropolitan Nashville Police Chief John Drake said it appears the “students were randomly targeted.”

The suspect was armed at the school with two assault-style rifles, a handgun and “significant ammunition,” police said.

Hale, who lived in Nashville, had legally purchased seven guns from five different local gun stores, the chief told reporters Tuesday.

Hale was under a “doctor’s care for an emotional disorder,” Drake said, and Hale’s parents “were under the impression that was when she sold the one weapon” they believed Hale owned.

“As it turned out, she had been hiding several weapons within the house,” Drake said.

Hale had a red bag when leaving home on Monday morning, Drake said. Hale’s mother asked what was inside, but was “dismissed,” according to Drake.

Hale’s mother “didn’t look in the bag, because at the time she didn’t know that her daughter had any weapons,” Drake said.

Hale allegedly shot through a locked door on the side of the school to gain entry, according to police. As authorities responded to the scene, the suspect fired on police cars from a second-floor window, police said.

The slain children were identified by police as Evelyn Dieckhaus, Hallie Scruggs and William Kinney, all 9 years old. The adult victims were identified as 61-year-old substitute teacher Cynthia Peak, 61-year-old custodian Mike Hill and 60-year-old Katherine Koonce, who was head of the school.

The victims were found in different locations, Drake said. Hill was struck when the shooter sprayed rounds at the glass door to enter, Drake said, and Koonce’s body was in a hallway.

Investigators searched Hale’s home where they seized “a sawed-off shotgun, a second shotgun and other evidence,” according to police.

“We do have writings and a book we consider to be like a manifesto,” the police chief told ABC News’ Good Morning America. “We do have a map of the school, where it was diagramed how she would enter and how she might proceed to take on potential victims.”

“We have not been able to determine a motive as of yet,” the chief said. “The investigation is very much still ongoing.”

There is also “some speculation that the shooter did reach out to maybe a friend or some other people, but as of right now that’s unconfirmed,” Drake said.

“As soon as we know more, we’ll continue to put the facts out there,” he added.

Drake had told reporters on Monday that the suspect was female and identified as transgender but didn’t immediately provide more details. A police spokesperson later told ABC News that the suspect was assigned female at birth but pointed to a social media account linked to the alleged shooter that included the use of the pronouns he/him.

The Covenant School, which teaches preschool through sixth grade, does not have a school resource officer, according to police. There are about 209 students and 40 to 50 staff members.

In a statement released Monday night, the Covenant School said its community “is heartbroken.”

“We are grieving tremendous loss and are in shock coming out of the terror that shattered our church and school,” the school said. “We are focused on loving our students, our families, our faculty and staff and beginning the process of healing.”

“There’s nothing more gut-wrenching than responding to a child,” Nashville Fire Chief William Swann told ABC News’ GMA3. “That moment changes everything for you, because we all can relate to the innocence of it.”

President Joe Biden on Tuesday called the shooting “absolutely heartbreaking” and “senseless.”

“I never thought when I started my public life that guns would be the No. 1 killer of children in America,” he said.

Biden said he had spoken with the police chief and “the two officers who went in and saved lives.”

The president again called on Congress to ban assault weapons and said he wanted to “expose those people who will refuse to do something” to combat gun violence.

“I’m going to keep calling it out, remind people that they’re not acting,” he said. “They should act.”

White House press secretary Karine Jean-Pierre also stressed that Congress must take action on gun legislation.

“What we need from congressional Republicans is courage,” she told ABC News’ GMA3 on Tuesday. “What do you say to those parents? What do you say to those families? You can’t say to them, ‘There’s nothing else that can be done.’ That’s not what their job is as legislators.”

The “majority of Americans want common sense gun safety laws, they want to see [an] assault weapons ban. These are weapons of war,” she said. “The president has done his part. We need Congress to do their part.”

Copyright © 2023, ABC Audio. All rights reserved.

Nashville school shooting updates: Tennessee governor calls for prayers

BRENDAN SMIALOWSKI/AFP via Getty Images

(NASHVILLE, Tenn.) — Tennessee Gov. Bill Lee has called for prayers in the wake of Monday’s deadly mass shooting at a Nashville elementary school, while noting that “there will be a time to talk about the legislation.”

“I am calling on the people of Tennessee to pray. For the families of victims, for the Covenant family, for those courageous officers, for the family of the shooter, for those who are hurting and angry and confused,” Lee, a Republican, said in a video address on Tuesday evening. “Prayer is the first thing we should do, but it’s not the only thing.”

A shooter gunned down three children and three adults at the Covenant School in Tennessee’s capital city on Monday morning. Responding officers shot and killed the suspect — identified as Audrey Hale, 28, of Nashville — about 14 minutes after the initial 911 call came in, according to the Metropolitan Nashville Police Department.

“Law enforcement officials and educators across our state have been working for years, especially in the last year, to strengthen the safety of schools. That work was not in vain — the courage and swift response by the teachers, officers and this community without a doubt prevented further tragedy,” Lee continued. “There will be a time to talk about the legislation and budget proposals we’ve brought forward this year. And clearly there’s more work to do.”

“But on this day after the tragedy, I want to speak to that which rises above all else,” he added. “The battle is not against flesh and blood, it’s not against people. The struggle is against evil itself.”

Police have identified the slain children as 9-year-old students Evelyn Dieckhaus, William Kinney and Hallie Scruggs. The adult victims were identified as 61-year-old custodian Mike Hill, 60-year-old head of school Katherine Koonce and 61-year-old substitute teacher Cynthia Peak.

In his video address, the Tennessee governor revealed that his wife, Maria, has been friends with Peak and Koonce “for decades.”

“Cindy was supposed to come over to have dinner with Maria last night after she filled in as a substitute teacher yesterday at Covenant,” Lee said.

The Covenant School, a private Christian school for children in preschool through sixth grade, has about 209 students and 40 to 50 staff members. It does not have a school resource officer, according to police.

In a statement released Monday night, the Covenant School said its community “is heartbroken.”

“We are grieving tremendous loss and are in shock coming out of the terror that shattered our church and school,” the school said. “We are focused on loving our students, our families, our faculty and staff and beginning the process of healing.”

The suspect was a former student and Metropolitan Nashville Police Chief John Drake told reporters on Tuesday that it appears that, while the school was likely targeted, “students were randomly targeted.”

Drake had told reporters on Monday that Hale was female and identified as transgender but didn’t immediately provide more details. A police spokesperson later told ABC News that the suspect was assigned female at birth but pointed to a social media account linked to Hale that included the use of the pronouns he/him.

The suspect was armed with two assault-style rifles, a handgun and “significant ammunition” at the time of the attack, police said. Investigators have since searched Hale’s home in Nashville, where they seized “a sawed-off shotgun, a second shotgun and other evidence,” according to police.

Drake said the suspect had legally purchased seven guns from five different local stores and hid some of those weapons at home. Hale was under a “doctor’s care for an emotional disorder,” the police chief said, and Hale’s parents “were under the impression that was when she sold the one weapon” they believed Hale owned.

Hale also had a detailed map of the school as well as “writings and a book we consider to be like a manifesto,” Drake told ABC News in an interview Tuesday on Good Morning America.

“We have not been able to determine a motive as of yet,” the police chief said. “The investigation is very much still ongoing.”

Video from the school’s surveillance cameras shows the suspect arriving in a vehicle and parking in the parking lot at 9:54 a.m. ET. Minutes later, the suspect is seen shooting through a door on the side of the school and entering the building. Hale allegedly went from the first floor to the second floor, firing multiple shots, according to police.

Police received a 911 call about an active shooter at the school at 10:13 a.m. ET. As officers responded to the scene, the suspect fired on police cars from a second-floor window, police said.

Video from two of the responding officers’ body-worn cameras shows them entering the school, following the sound of gunfire to the second floor and finding the suspect in a lobby area near a window. After an officer shouts “reloading,” officers Rex Engelbert, a four-year veteran, and Michael Collazo, a nine-year veteran, both fire at the suspect.

President Joe Biden and other Democrats have once again called on Congress to take action on gun legislation, including passing a nationwide ban on assault weapons. Meanwhile, Republicans have once again slammed Democrats for trying to exploit a tragedy for political purposes.

An ABC News/Washington Post poll conducted in September 2019 found 89% of Americans support universal background checks and 86% support red flag laws. The poll found broad bipartisan support, as well; mandatory background checks and red flag laws won support from at least eight in 10 Republicans and conservatives, and as many or more of all others.

Another ABC News/Washington Post poll released in February found the public more divided over assault weapons with 47% supporting such a ban and 51% opposing it — reflecting a nine-point drop in support since 2019.

Copyright © 2023, ABC Audio. All rights reserved.

Irvo Otieno funeral to be held amid outrage over his death while in police custody

Courtesy of Ben Crump Law

(CHESTERFIELD, Va.) — Family, friends, and civil rights leaders are expected to gather in Chesterfield, Virginia, for the funeral of Irvo Otieno, a 28-year-old Black man who died in custody after authorities say deputies and hospital staff piled on top of him for more than 10 minutes.

The funeral at the First Baptist Church in Chesterfield will feature calls for justice by civil rights attorney and Otieno’s family legal representative Ben Crump and a eulogy reading from Reverend Al Sharpton, the founder and president of the civil rights group the National Action Network (NAN).

Otieno died in police custody on March 6 after a neighbor called the police on him during what his mother Caroline Ouko said was a mental health crisis.

“To see nine men and a woman, squeeze– literally squeeze the breath out of my child was heartbreaking. I could not believe that human beings can be desensitized to do that to another human being,” Ouko said in an interview with ABC News about surveillance footage that captured the moments surrounding Otieno’s death.

After the initial call to police, Otieno was taken to a hospital on March 3, where he was arrested later that day and taken to Henrico County Jail. Three days later, Otieno died at Virginia’s Central State Hospital.

In footage obtained by ABC News, Otieno can be seen being pulled from his jail cell partially naked and pushed into the back of a police vehicle to transport him to the psychiatric hospital. At the hospital, footage shows Henrico deputies and medical staff holding Otieno down for nearly 11 minutes until he stops moving, according to the video.

Seven Henrico County Sheriff’s deputies and three Central State Hospital employees have been arrested and charged with second-degree murder in connection with Otieno’s death, according to Dinwiddie County Commonwealth’s Attorney Ann Cabell Baskervill. They have all been indicted by a grand jury. Currently, no pleas have been entered.

In a court appearance, Cary Bowen, a lawyer representing deputy Jermaine Lavar Branch, stated that the officer “did not administer any blows to the deceased, or violence towards him, other than simply trying to restrain him.”

Bowen told ABC News by phone that Cabell Baskervill is trying to fashion the case as something that is “malicious.”

“There was no weapon used. There was no pummeling or anything like that. I think everybody agrees,” Bowen said. “And the way she was casting it was that they ended up suffocating. He couldn’t breathe. And she’s acting like the guy didn’t resist and he wasn’t manic or bipolar or whatever. Just a nice guy who they’re picking on.”

The Henrico County Sheriff’s Office is conducting an independent review of the incident alongside an investigation by Virginia State Police.

“What they did to my son was awful,” Ouko told ABC News. “This heinous murder of my son was not necessary. And I want them to know that justice will be served. And if there is anyone out there who played a part along the line in my son’s murder, let them not think that this indictment absolves them.”

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