No criminality found in Epic Universe roller coaster death: Sheriff’s office

No criminality found in Epic Universe roller coaster death: Sheriff’s office
No criminality found in Epic Universe roller coaster death: Sheriff’s office
In this April 5, 2025, file photo, guests ride Stardust Racers, a new dueling roller coaster ride in Celestial Park during a preview day for Universal Epic Universe in Orlando, Fla. Patrick Connolly/Orlando Sentinel/TNS via Getty Images, FILE

(ORLANDO, Fla.) — Investigators have found no criminality in the death of a 32-year-old man who was found unresponsive after riding a roller coaster at Universal’s Epic Universe theme park in Florida in September, authorities announced on Thursday.

Kevin Rodriguez Zavala died after sustaining multiple blunt impact injuries while riding the Stardust Racers roller coaster at the Universal Orlando Resorts park on Sept. 17.

He was pronounced dead at a hospital that night, authorities said.

Following a monthslong investigation, an Orange County Sheriff’s Office report found the “case was deemed an accidental death and was closed accordingly.”

“Because it was determined that no criminal acts occurred in this case, this concludes the Orange County Sheriff’s Office role in this case,” the sheriff’s office said in a statement.

Following his death, the local medical examiner determined that Zavala died from multiple blunt impact injuries and that the manner of death was accidental.

The sheriff’s office investigation’s finding was based on sworn statements, video surveillance, the medical examiner’s findings and the “standard operating procedures provided by Epic Universe,” among other evidence, the report stated.

One person who responded to the scene said in a sworn statement that Zavala was found unresponsive with “severe facial trauma,” and he was still secured in the ride via the lap bar, according to the report.

Zavala’s girlfriend, who was with him on the ride, told authorities in a sworn statement at the hospital that on the first drop he “partially came up out of his seat and hit his head on the metal bar in front of them,” and he “continually hit his head on the bar in front of them as the ride descended.”

She said the ride operator pushed on the lap bar three times until it locked in place, and that he was in the seat correctly, “she just felt the lap bar was too low.”

In the wake of his death, Zavala’s family retained civil rights attorney Ben Crump, who said they are conducting an independent investigation to get to the “truth” and determine if anything could have prevented his death.  

Zavala’s father, Carlos Rodriguez Ortiz, said in a press briefing in September that his son was born with a spinal cord atrophy. He used a wheelchair but was “not under any medical restrictions that would have prevented him” from riding the Stardust Racer, Crump said. 

His mother said he “loved theme parks” and roller coasters and was excited to go to Universal’s Epic Universe with his girlfriend.

An internal review found the ride systems “functioned as intended,” the “equipment was intact” during the ride and park employees followed procedures, according to a memo sent in the wake of Zavala’s death from Universal Orlando Resort President Karen Irwin to staff.

A Florida Department of Agriculture and Consumer Services spokesperson said in a statement to ABC News following the death that the department’s current findings “align with those shared by Universal after monitoring the same tests and reviewing the same information.”

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For 2nd time, grand jury refuses to indict New York AG Letitia James: Sources

For 2nd time, grand jury refuses to indict New York AG Letitia James: Sources
For 2nd time, grand jury refuses to indict New York AG Letitia James: Sources

(VIRGINIA) — For a second time in recent days, a federal grand jury in Virginia has refused to indict New York Attorney General Letitia James for alleged mortgage fraud, sources said.  

The grand jury rejected the Department of Justice’s attempt to refile the case after a federal judge dismissed an earlier case based on the unlawful appointment of the U.S. attorney in the Eastern District of Virginia. 

Federal prosecutors on Thursday failed to convince a majority of grand jurors to approve charges that James misled a bank to obtain favorable loan terms on a home mortgage, according to sources.

The charges were presented to a grand jury in the Eastern District of Virginia’s Alexandria branch after a grand jury in Norfolk, Virginia, last week rejected the charges

A Justice Department spokesperson did not immediately respond to a request for comment from ABC News.

“This unprecedented rejection makes even clearer that this case should never have seen the light of day,” James’ attorney, Abbe Lowell, said in a statement. “Career prosecutors who knew better refused to bring it, and now two different grand juries in two different cities have refused to allow these baseless charges to be brought. Any further attempt to revive these discredited charges would be a mockery of our system of justice.”

Prosecutors have alleged that James, who successfully brought a civil fraud case against now-President Donald Trump last year, falsely listed a home she purchased in 2020 as a second home instead of an investment property in order to save potentially $19,000 over the life of the loan with a more favorable mortgage rate. 

As ABC News previously reported, prosecutors who investigated James for possible mortgage fraud found evidence that appeared to undercut some of the allegations in the indictment of James secured in September — including the degree to which James allegedly personally profited from her purchase of the property.

James has denied all wrongdoing.

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

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Washington flooding ‘extremely unpredictable,’ residents should be prepared to evacuate: Governor

Washington flooding ‘extremely unpredictable,’ residents should be prepared to evacuate: Governor
Washington flooding ‘extremely unpredictable,’ residents should be prepared to evacuate: Governor
Heavy rain fall (Photography by Keith Getter (all rights reserved)/Getty Images)

(NEW YORK) — Up to 100,000 people in Washington state could be ordered to evacuate amid the threat of “catastrophic” flooding, officials said.

Washington Gov. Bob Ferguson, who has declared a state of emergency, stressed Thursday that the flooding “is extremely unpredictable” and “potentially historic.”

“If you have instructions to evacuate from your local authorities, please, please, please evacuate,” the governor pleaded.

This dangerous flooding was sparked by an atmospheric river event that dumped more than 1 foot of rain in parts of western Washington state over the last three days.

Multiple rivers are at major flood stage and more are expected to grow into major flood stage later in the day on Thursday.

The Snohomish River at Snohomish has reached a record high of 34 feet, shattering the previous record of 33.5 feet. The river is cresting at this location and may stay near 34 feet until mid-day Friday.

This will put extreme pressure on levees. When the river reaches 33 feet or higher at this location, floodwaters are likely to overtop the levees, and major levee damage is possible.

Record flooding is possible at other river locations, including the Skagit River near Concrete and near Mount Vernon, the Snoqualmie River at Snoqualmie Falls, the Cedar River at Renton, and the Snohomish River near Snohomish Monroe.

Washington Sen. Maria Cantwell said on social media she was “alarmed” to hear the Skagit River could peak as high as 5 feet above its record crest level.

“This is not just another flood,” she said.

At least 30 highways have closed due to flooding, the governor said, and rescue efforts are ongoing.

Eastside Fire and Rescue, which services parts of King County just east of Seattle, started conducting water rescues on Wednesday. Three adults and a dog were rescued after their home flooded, and two adults and a child were rescued in another incident.

Eastside Fire and Rescue released video of the moment two drivers were rescued rescued by helicopter Wednesday night. After the drivers were caught in the floodwaters, they were forced to flee to higher ground, with one person climbing to the top of their car and the other seeking safety in a tree, officials said.

“Stay home and don’t travel unless necessary,” the sheriff’s office urged on Thursday.

In Pierce County, just south of Seattle, officials said teams have already responded to more than 25 rescues.

“Please respect road closure signs and don’t drive around barriers. They are there for your safety — there may be hidden hazards such as large debris, downed power/cable lines or other items that could cause entanglement issues, or the road underneath may be washed out or unstable,” Central Pierce Fire & Rescue said on social media. “Just 6 inches of fast-moving water can knock over an adult. 12 inches of water can carry away most cars.”

About 300 National Guard members are ready to assist, officials said.

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Charlie Kirk murder suspect Tyler Robinson makes 1st in-person court appearance

Charlie Kirk murder suspect Tyler Robinson makes 1st in-person court appearance
Charlie Kirk murder suspect Tyler Robinson makes 1st in-person court appearance
Tyler Robinson, 22, the suspect in the fatal shooting of Charlie Kirk, appears before Judge Tony Graf of the 4th District Court via a video confrerence call during a hearing on September 16, 2025 at the Fouth Judicial District Courthouse in Provo, Utah. (Scott G Winterton – Pool/Getty Images)

(NEW YORK) — Tyler Robinson, the 22-year-old man accused of killing conservative activist Charlie Kirk, is making his first in-person court appearance on Thursday.

Robinson wore a button-down shirt and a tie, following a judge’s ruling to allow him to wear civilian clothing during pretrial hearings.

Robinson’s parents and brother are in the courtroom for Thursday’s ongoing hearing, according to defense attorneys. The judge said he’s planning to address three issues on Thursday, the first of which is closed to the media.

Kirk was shot and killed in the middle of his outdoor event at Utah Valley University in Orem, Utah, on Sept. 10. The 31-year-old was the founder of the conservative youth activist organization Turning Point USA, and the Utah Valley event marked the first stop of his “The American Comeback Tour,” which invited students on college campuses to debate hot-button issues.

Robinson allegedly fled the scene of the shooting, prompting a massive manhunt. Robinson surrendered to authorities on the night of Sept. 11.

Robinson has been charged with aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child.

Robinson made two previous court appearances, but the first was virtual and the second was audio-only.

He has not entered a plea. He could face the death penalty if convicted of aggravated murder.

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

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2 killed, 2 injured in shooting at Newark recording studio

2 killed, 2 injured in shooting at Newark recording studio
2 killed, 2 injured in shooting at Newark recording studio

(NEW YORK) — Two men were fatally shot and two others were injured in a shooting Wednesday at a New Jersey recording studio used to make music videos, according to officials.

The deceased victims were identified by investigators as Namir Bynum, 20, and Osayuwamen Uyamu, 20.

Bynum was pronounced dead at the scene while Uyamu was taken to University Hospital in Newark and pronounced dead shortly after, according to the Essex County Prosecutor’s Office.

Police have not said if the suspects in the shooting have been identified.

Essex County Prosecutor Theodore N. Stephens II said the shooting was “contained within that particular establishment.”

The incident stemmed from an incident “between friends” on Wednesday, the studio, Platinum Sound NJ, wrote in a post on social media.

Referring to an unnamed victim, the studio said “keep bro in yall prayers! Dont blame him for none dat took place today,” saying the shooting was a “a very misfortunate slimy situation,” the studio said.

Those injured were taken to University Hospital with non-life threatening injuries, according to the prosecutor’s office. One of the victims was treated and released.

An investigation into the incident remains ongoing, according to police.

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Evacuations ordered in parts of Washington amid threat of ‘catastrophic’ flooding

Washington flooding ‘extremely unpredictable,’ residents should be prepared to evacuate: Governor
Washington flooding ‘extremely unpredictable,’ residents should be prepared to evacuate: Governor
Heavy rain fall (Photography by Keith Getter (all rights reserved)/Getty Images)

(NEW YORK) — Up to 100,000 people in Washington state could be ordered to evacuate amid a threat of “catastrophic” flooding from an atmospheric river event, officials said.

Washington Gov. Bob Ferguson, who announced a state of emergency on Wednesday, pleaded with residents to follow evacuation orders and warned on social media, “Catastrophic flooding is likely.”

In Skagit County, north of Seattle, officials called for evacuations amid the major flooding, saying “residents within the FEMA 100-year floodplain need to evacuate to high ground immediately.”

Multiple rivers are at major flood stage and more are expected to grow into major flood stage later in the day on Thursday.

The Snohomish River at Snohomish reached a record high of 33.9 feet on Thursday morning, and it may stay near this level for 24 hours. The floodwaters are expected inundate much of the river valley and could overtop the levees.

Record flooding is possible at other river locations, including the Skagit River near Concrete and near Mount Vernon, the Snoqualmie River at Snoqualmie Falls, the Cedar River at Renton, and the Snohomish River near Snohomish Monroe.

Washington Sen. Maria Cantwell said on social media she was “alarmed” to hear the Skagit River could peak as high as 5 feet above its record crest level.

“Please please please stay alert and follow evacuation orders,” she posted. “This is not just another flood.”

Roads are flooded and closed across North Bend — a city about 30 miles east of Seattle — and mudslides have closed parts of Interstate 90.

Eastside Fire and Rescue, which services parts of King County just east of Seattle, started conducting water rescues on Wednesday. Three adults and a dog were rescued after their home flooded, and two adults and a child were rescued in another incident.

Eastside Fire and Rescue released video of the moment two drivers were rescued rescued by helicopter Wednesday night. After the drivers were caught in the floodwaters, they were forced to flee to higher ground, with one person climbing to the top of their car and the other seeking safety in a tree, officials said.

“Stay home and don’t travel unless necessary,” the sheriff’s office urged on Thursday.

The flooding was sparked by an atmospheric river event that dumped more than 1 foot of rain at higher elevations of western Washington state over the last three days. The heavy rain is continuing Thursday morning and then will weaken throughout the day.

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Supervisory officer testifies on 6th day of Luigi Mangione’s evidence suppression hearing

Supervisory officer testifies on 6th day of Luigi Mangione’s evidence suppression hearing
Supervisory officer testifies on 6th day of Luigi Mangione’s evidence suppression hearing
Luigi Mangione (L) appears with his lawyers for a suppression of evidence hearing in the killing of UnitedHealthcare CEO Brian Thompson in Manhattan Criminal Court on December 8, 2025 in New York City. (Photo by Sarah Yenesel – Pool/Getty Images)

(NEW YORK) — Luigi Mangione returned to court in New York City Thursday for a sixth day of a hearing to determine what evidence will, or will not, be used against him when he goes on trial on charges of gunning down UnitedHealthcare CEO Brian Thompson on a Manhattan sidewalk last December.

The day began with an argument by the defense that prosecutors were trying to “prejudice Mr. Mangione” by releasing CCTV footage that showed the killing of Thompson and the aftermath, in which the suspect is seen running across the street as bystanders point in the suspect’s direction.

The defense argued prosecutors had no reason to include the footage in the suppression hearing and accused them of using it as a “vehicle to litigate their case in the court of public opinion” and to “distract from the botched arrest” of Mangione.

Judge Gregory Carro agreed the video is not at issue in the suppression hearing, but said, “We deal with it the way we deal with all the press this case has gotten: in jury selection.”

Prosecutors with the Manhattan district attorney’s office are calling to stand supervisory police officers present at the Altoona, Pennsylvania, McDonald’s where Mangione was apprehended after customers thought they recognized the suspect wanted in New York due to his distinctive eyebrows

Lt. William Hanelly, the highest-ranking officer present at the McDonald’s where Luigi Mangione was arrested, testified that he called 911 in New York City on his way to the scene “so we could get the ball rolling.”

“We’re acting off a tip from a local business here,” Hanelly is heard saying on a recording played in court.  “We might have the shooter.”

Hanelly is then heard clarifying, “The shooter from the UHC,” referring to United Healthcare by its initials. Hanelly also says that the individual at the McDonald’s “matches the photos that your department put out.”

Mangione listened from the defense table as the previously unheard phone call played in the courtroom.

Hanelly stayed on the phone as he arrived at the McDonald’s and the call captured him asking one of his subordinates, “Did you pat him down?”

“At that point we had reasonable suspicion to believe he had been involved in a crime of violence in another jurisdiction,” Hanelly testified.  “He could be armed and dangerous.”

Hanelly said he had heard the initial call over the radio dispatching patrolman Joseph Detwiler to the McDonald’s and Detwiler’s “fairly sarcastic” response.   Hanelly testified that while “it seemed preposterous” to him a shooting suspect from a New York City homicide had found his way to Altoona, but texted Detwiler “a gentle reminder” to treat the possibility seriously.

The supervisors, a sergeant and two corporals, briefly were overheard on body camera footage debating whether officers needed a warrant to conduct more than a cursory search of Mangione’s backpack, from which police were seen on the footage retrieving the alleged murder weapon, writings, and a note that prosecutors said mentioned “escape routes.”

Defense attorneys say the lack of a warrant made the search and seizure illegal, and they are seeking to preclude the contents of the bag.

They also argue officers were too late reading Mangione his Miranda rights and continued to pepper him with questions after he indicated he preferred to remain silent. 

The officers have testified that they lawfully searched Mangione’s backpack pursuant to his arrest for showing them a fake ID, and said they were legitimately concerned Mangione may have had a weapon or explosive. 

The officers also testified their questions to Mangione’s about his fake ID and whether his bag contained anything harmful were appropriate under the circumstances. 

Prosecutors are expected to rest next week. Judge Gregory Carro is expected to issue a written decision about the evidence sometime in January.

Copyright © 2025, ABC Audio. All rights reserved.

Judge orders immediate release of Kilmar Abrego Garcia from immigration detention

Judge orders immediate release of Kilmar Abrego Garcia from immigration detention
Judge orders immediate release of Kilmar Abrego Garcia from immigration detention
Kilmar Abrego Garcia speaks during a rally and prayer vigil for him before he enters a U.S. Immigration and Customs Enforcement (ICE) field office on August 25, 2025 in Baltimore, Maryland. (Andrew Harnik/Getty Images)

(NEW YORK) — A federal judge has ordered the immediate release of Kilmar Abrego Garcia from immigration detention.

U.S. District Judge Paula Xinis said in her order Thursday that “since Abrego Garcia’s wrongful detention in El Salvador, he has been re-detained, again without lawful authority.”

Xinis said that the absence of a removal order prevents the government from removing Abrego Garcia from the United States.

Abrego Garcia, a Salvadoran native who had been living in Maryland with his wife and children, was deported in March to El Salvador’s CECOT mega-prison — despite a 2019 court order barring his deportation to that country due to fear of persecution — after the Trump administration claimed he was a member of the criminal gang MS-13, which he denies.

He was brought back to the U.S. in June to face human smuggling charges in Tennessee, to which he has pleaded not guilty.

After being released into the custody of his brother in Maryland pending trial, he was again detained by immigration authorities and is currently being held in a detention facility in Pennsylvania.

Department of Homeland Security spokesperson Tricia McLaughlin said in a social media post following the ruling, “This is naked judicial activism by an Obama appointed judge. This order lacks any valid legal basis and we will continue to fight this tooth and nail in the courts.”

Last month, the federal government — seeking to deport Abrego Garcia to the West African nation of Liberia — asked Xinis to dissolve a ban on his removal to that country, saying it had received assurances from the Liberian government that he would not be persecuted or tortured should he be deported there.

In her order Thursday, Judge Xinis directed the government to notify Abrego Garcia of the exact time and location of his release and to notify the court no later than 5 p.m. ET today.

In the 31-page order granting Abrego Garcia’s habeas petition, Xinis detailed Abrego Garcia’s removal to El Salvador, his return to the U.S. to face criminal charges, and his re-detention in immigration custody.

“The circumstances of Abrego Garcia’s detention since he was released from criminal custody cannot be squared with the ‘basic purpose’ of holding him to effectuate removal,” Xinis said.

Xinis, citing reporting from ABC News and others, said the government at the same time could have removed Abrego Garcia to Costa Rica, his preferred country of removal.

“Respondents’ calculated effort to take Costa Rica ‘off the table’ backfired,” Xinis wrote. “Within 24 hours, Costa Rica, through Minister Zamora Cordero, communicated to multiple news sources that its offer to grant Abrego Garcia residence and refugee status is, and always has been, firm, unwavering, and unconditional.”

“Respondents serially ‘notified’ Abrego Garcia — while he sat in ICE custody — of his expulsion to Uganda, then Eswatini, then Ghana; but none of these countries were ever viable options,” Xinis wrote.

The judge said Abrego Garcia will receive instruction from the United States Pretrial Services Office on the release conditions previously imposed in his criminal case.

Xinis in August blocked the government from removing Abrego Garcia from the United States until the habeas case challenging his removal was resolved in court.

“The history of Abrego Garcia’s case is as well known as it is extraordinary,” Xinis wrote in her decision Thursday.

Copyright © 2025, ABC Audio. All rights reserved.

$2B in Pentagon funds diverted to immigration operations, congressional Democrats say

B in Pentagon funds diverted to immigration operations, congressional Democrats say
$2B in Pentagon funds diverted to immigration operations, congressional Democrats say
The Pentagon, heaquarters of the U.S. Department of Defense, is seen from the air on February 8, 2025, in Washington, DC. (Photo by J. David Ake/Getty Images)

(WASHINGTON) — report prepared by Democratic members of Congress says the Pentagon has diverted at least $2 billion of its own funds to support the Trump administration’s immigration operations, negatively impacting what they say is the U.S. military’s readiness.

Separately, a response from Gen. Dan Caine, the chairman of the Joint Chiefs of Staff, to questions posed by Sen. Elizabeth Warren, D-Mass., that was shared with ABC News disclosed that two major military exercises were canceled this year and a third was scaled back as a result of the deployment of military forces to immigration operations.

Caine said that both the “Vibrant Response” exercise scheduled for April and May, as well as a rotation by the 10th Mountain Division at the Joint Readiness Training Center at Fort Polk, Louisiana, over the summer were canceled because of the deployment.

The large-scale national “Ardent Sentry” exercise in March that U.S. Northern Command uses to train responses to chemical, radiological, biological and nuclear incidents was also “Descoped” according to Caine’s response.

In a statement to ABC News about the report, the Pentagon said with a $1 trillion budget it’s able to carry out multiple missions simultaneously.

Compiled from open source information and reprogramming requests made by the Pentagon to Congress, the review of Pentagon border funding by Democrats in Congress found that $1.3 billion of that amount had been diverted to pay for the deployment of troops and resources to the Southwest border with Mexico.

The report cited a Pentagon request to Congress in late May to reprogram $200 million in funds approved for worldwide military construction projects to construct a 30-foot-high steel bollard barrier along a 20-mile stretch of the border near Yuma, Arizona.

The diverted funds were originally slated to pay for the construction of new military facilities, including military housing, and two elementary schools run by the DOD’s Education Activity (DODEA) at Fort Knox, Kentucky, and Stuttgart, Germany.

The deployment of active duty forces to the Southwest Border began in January shortly after the start of President Donald Trump’s second term with more than 7,000 personnel assigned to support federal law enforcement agencies operating along the border.

Since April, the Trump administration has designated military zones covering large swaths of the border where U.S. forces have the authority to temporarily detain any migrants trespassing what are now considered to be extensions of military bases.

On Wednesday, the Interior Department announced that a fourth National Defense Area had been established along California’s border with Mexico. Previous NDA designations stretched along the border in Arizona, New Mexico and Texas.

The Democrats’ review found that the high-profile deployment of federalized National Guard and active-duty troops to Los Angeles; Chicago; Portland, Oregon; and Memphis, Tennessee, has cost at least $258 million.

At least $420 million was diverted to assist with the detention of immigrants at military bases in the United States as well as overseas bases at Guantanamo Bay in Cuba and Camp Lemonnier in Djibouti, according to the report.

The review found that least $40.3 million has been spent on paying for the U.S. military flights used to deport and transport migrants back to their home countries instead of using the cheaper flights contracted by the Department of Homeland Security.

“This is a baffling waste of military resources considering the appropriation of $170 billion to DHS to fund immigration enforcement earlier this year,” said the report. It added that the information used to compile the report indicated that “the vast majority of these funds have not been reimbursed by the Department of Homeland Security (DHS), to date.”

“We are particularly concerned that DHS may not be reimbursing DoD for these funds,” a group of Democratic lawmakers wrote to Defense Secretary Pete Hegseth in a letter that included a copy of the report. “Allowing DHS to continue to pick DoD’s pockets puts our military readiness at risk.”

The Pentagon’s press secretary said in a statement that because of its large annual budget the Department is able to carry out a variety of operations.

“The Pentagon, which operates on an annual budget of nearly $1 Trillion is able to execute on many missions at the same time, including operations with DHS, improvements for DODEA, and facility constructions across the country and the world,” said Kingsley Wilson, the Pentagon press secretary.

“Many additional priorities have been funded thanks to the passage of the One Big Beautiful Bill,” she added, referring to President Donald Trump’s signature tax and policy bill approved by Congress over the summer. “Spending allocated money on one mission does not mean other missions become depleted.”

The report was released by Warren and Rep. James Garamendi, D-Calif., who criticized the Trump administration for what they said was an unnecessary diversion of funds at the expense of military readiness.

In a statement Warren criticized Hegseth and DHS Secretary Kristi Noem for “using the defense budget as a slush fund for political stunts.”

“It’s an insult to our service members that Pete Hegseth and Kristi Noem are using the defense budget as a slush fund for political stunts,” Warren said in a statement. “Stripping military resources to promote a wasteful political agenda doesn’t make our military stronger or Americans safer.”

In a separate statement, Garamendi said: “Diverting over $2 billion in funds siphons money away from training, modernization, and maintenance: core investments that should support military families and prepare our forces to fight and win.”

On Thursday, the Senate Armed Services Committee will hold a hearing with top Pentagon officials including Gen. Gregory Guillot, the commander of U.S. Northern Command, to discuss the deployment of federalized National Guardsmen to several U.S. cities.

The hearing is expected to touch on the legality of the deployments and whether they were necessary.

Copyright © 2025, ABC Audio. All rights reserved.

Supervisory officers to testify on 6th day of Luigi Mangione’s evidence suppression hearing

Supervisory officer testifies on 6th day of Luigi Mangione’s evidence suppression hearing
Supervisory officer testifies on 6th day of Luigi Mangione’s evidence suppression hearing
Luigi Mangione (L) appears with his lawyers for a suppression of evidence hearing in the killing of UnitedHealthcare CEO Brian Thompson in Manhattan Criminal Court on December 8, 2025 in New York City. (Photo by Sarah Yenesel – Pool/Getty Images)

(NEW YORK) — Luigi Mangione returns to court in New York City Thursday for a sixth day of a hearing to determine what evidence will, or will not, be used against him when he goes on trial on charges of gunning down UnitedHealthcare CEO Brian Thompson on a Manhattan sidewalk last December.

Prosecutors with the Manhattan district attorney’s office are expected to call supervisory police officers present at the Altoona, Pennsylvania, McDonald’s where Mangione was apprehended after customers thought they recognized the suspect wanted in New York due to his distinctive eyebrows

The supervisors, a sergeant and two corporals, briefly were overheard on body camera footage debating whether officers needed a warrant to conduct more than a cursory search of Mangione’s backpack, from which police were seen on the footage retrieving the alleged murder weapon, writings, and a note that prosecutors said mentioned “escape routes”

Defense attorneys say the lack of a warrant made the search and seizure illegal, and they are seeking to preclude the contents of the bag.

They also argue officers were too late reading Mangione his Miranda rights and continued to pepper him with questions after he indicated he preferred to remain silent. 

The officers have testified that they lawfully searched Mangione’s backpack pursuant to his arrest for showing them a fake ID, and said they were legitimately concerned Mangione may have had a weapon or explosive. 

The officers also testified their questions to Mangione’s about his fake ID and whether his bag contained anything harmful were appropriate under the circumstances. 

Prosecutors are expected to rest next week.  Judge Gregory Carro is expected to issue a written decision about the evidence sometime in January.

Copyright © 2025, ABC Audio. All rights reserved.