National

(NEW YORK) — A Kenosha County Circuit Court dismissed charges against a couple who were forcefully arrested while eating dinner at an Applebee’s in Wisconsin with their 1-year-old child earlier this year.

The couple, Jermelle English, Jr. and Shanya Boyd, were dining with their son on July 20, when the police wrongfully suspected them of fleeing a nearby hit-and-run. The incident was caught on cellphone video.

In the video, obtained by ABC News, Kenosha police can be seen attempting to restrain English, while he still has his baby in his arms. In the viral video, an Applebee’s employee can be heard yelling, “Get the baby,” and “Careful, the baby’s head.”

After an employee successfully grabbed the baby from English, the officers tackled him to the ground and began to hit him several times, pinning him down, according to the video.

According to the original complaint obtained by ABC News, the officer was looking for “an African American male and African American female” with a baby who had “run toward Kohl’s or Menards,” the complaint says. The woman was described as wearing a red shirt with a bun on top of her head.

The officers later found the actual suspects hiding in the bathroom of the Applebee’s.

Despite not being the suspects officers were searching for, English and Boyd were both charged with resisting arrest and disorderly conduct, according to the charging docs. Boyd was also charged with possession of THC.

All charges against the couple were dismissed on Wednesday, court records show.

English was represented by Team Roc attorney Alex Spiro. Team Roc is a social justice organization and division of Roc Nation which is owned by Jay-Z.

In a statement to ABC News, Team Roc managing director Dania Diaz said English was the victim of racial profiling and should have never been charged in the first place.

“The officers’ treatment of Jermelle and his family was unacceptable, unethical and traumatic,” the statement said. “Our hope is that today’s development will allow Jermelle and his family to enjoy the holidays with some peace of mind and begin the process of healing after enduring such an incredibly painful experience.”

After the incident, Kenosha Police launched an internal investigation to determine whether the use of force was excessive.

Kenosha police announced in November both officers were found to have violated protocol. One officer received a four-day suspension and the other officer received a 10-day suspension, the statement said.

“The Kenosha Police Department is committed to providing the highest quality service to its citizens and guests. We strive to train our officers to the highest standard and will hold them accountable if they fall short of those standards,” Kenosha police wrote in a statement.

“In addition to the suspension time, both officers are receiving supplemental training to correct the deficiencies that were identified in their response to this situation,” the statement continued.

Copyright © 2023, ABC Audio. All rights reserved.

(WASHINGTON) — The Lincoln Memorial has been temporarily closed as cleanup crews have begun removing graffiti at the national monument that said “Free Gaza” in red paint, U.S. Park Police confirmed to ABC News.

Police are investigating the vandalism of the Lincoln Memorial in Washington, D.C., which was first discovered on Wednesday on the west side of the Reflecting Pool and Lincoln Memorial Circle. The memorial has since been temporarily closed to visitors.

The U.S. Park Service told ABC News Wednesday, “National Park Service conservators have begun the process of removing the paint this morning,” adding that the cleanup may require multiple treatments over several days to remove.

The incident is not the first display of vandalism on a landmark in the nation’s capital. In November, demonstrators spray-painted “Free Palestine” on several statutes in Lafayette Square, across Pennsylvania Avenue from the White House. That cleanup required specialized processes to remove the paint.

U.S. Park Police are still investigating the latest incident and are asking anyone with information to contact the United States Park Police tip line at (202) 379-4877, or email USPP_tipline@nps.gov.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — Two New York lawmakers are pushing to expand a law that prohibits convicts from profiting from their crime to also prevent spouses from profiting after the estranged wife of the Gilgo Beach murder suspect signed a deal with a production company.

New York’s Son of Sam law — named after the 1970s New York City serial killer David Berkowitz, who was known as Son of Sam — seeks to keep convicts from making money off of book and movie deals connected to their crimes.

New York has had the law on its books since 1977, but the U.S. Supreme Court deemed it and similar laws unconstitutional in 1991. The state amended the law in 2001.

Now, New York state Sen. Kevin Thomas and New York state Assemblymember Fred Thiele want to expand the law to cover spouses and other relatives of convicted criminals.

“With the alarming reality of media companies exploiting tragedy for profit, my hope is that victims are given the opportunity to receive the justice and compensation they deserve,” Thomas said. “New York has a long history of blocking people convicted of a crime from benefiting from their illegal activity. My legislation aims to take it a step further to ensure that media deals surrounding a crime are subject to the same transparency and accountability as the perpetrator themselves. No one should be profiting off a crime.”

The proposed legislation is expected to come up for debate in early 2024.

The lawmakers’ proposal comes as Asa Ellerup, the estranged wife of Gilgo Beach murder suspect Rex Heuermann, is under contract with a production company, according to her attorney.

She attended Heuermann’s most recent court appearance with a camera crew following her.

Ellerup filed for divorce six days after Heuermann was arrested in July for the murders of three sex workers.

Heuermann is accused of killing Melissa Barthelemy, Megan Waterman and Amber Costello, whose bodies were found on Long Island in 2010. He has pleaded not guilty.

Heuermann is also the prime suspect in the death of a fourth woman, Maureen Brainard-Barnes, who vanished in 2007, though he has not been charged in that case. Prosecutors said the investigation into Brainard-Barnes’ murder is ongoing.

Heuermann is due back in court on Feb. 6.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — New York Gov. Kathy Hochul signed legislation Tuesday to create a new commission to study reparations and racial justice.

The state commission will be tasked with examining the legacy of slavery, “subsequent discrimination against people of African descent, and the impact these forces continue to have in the present day,” according to Hochul’s office.

The commission will be composed of nine members: three appointed by the governor, three appointed by the speaker of the state Assembly and three appointed by the president of the state Senate.

New York is at least the third state to create a commission to examine the impact of past and ongoing impacts of slavery. California established a task force in 2020 and Illinois established a similar commission.

Several cities have created reparations initiatives of their own, as well, including San Francisco; Evanston, Illinois, and Palm Springs, California.

The New York task force will analyze the history and lasting impacts of slavery in both the state and New York City, including the capture and transport of Africans to the region, the sale and acquisition of slaves, the benefits New York received from such transactions, the treatment of slaves and more, the legislation creating the commission stated.

The commission will also examine the lingering negative effects of slavery and discrimination on the living descendants of slaves and other people of African descent, according to the legislation.

The legislation states that the commission will then submit a written report with findings and recommendations to state leaders one year after the first meeting of the commission, which must take place before mid-June.

According to the New York Historical Society, as many as 20% of colonial New Yorkers were enslaved Africans — one-fifth of the population at the time, Hochul said Tuesday during a press conference in New York City announcing the commission.

“It’s not talked about a lot. That’s a problem,” Hochul said. “Here in New York, there was a slave market where people bought and sold other human beings with callous disregard. It happened right on Wall Street for more than a century. And even though it officially closed when slavery was abolished in New York in 1827, our state still remained a dominant player in the illegal slave trade.”

Three in 10 U.S. adults say descendants of people who were enslaved in the United States should be repaid in some way, while seven in 10 people say these descendants should not be repaid, according to a Pew Research Center survey published in November 2022.

A Pew Research Center survey from 2019 found that 63% of adults surveyed believe slavery still affects the position of Black people in American society today either a great deal or a fair amount.

“Former slaves and their children, and their children, and their children across our nation have been haunted for generations by racism and disenfranchisement,” Hochul said Tuesday. “Millions of people, even though free on a piece of paper, were still trapped by Jim Crow [laws], stripped of their rights, even including the right to participate in our democracy, the right to vote. And others were stalked by death, by men in white robes, the [Ku Klux] Klan and the lynch mob. It didn’t stop in the early days. Redlining, housing discrimination, segregation, economic oppression.”

Studies on the impact of slavery and systemic racism, including one 2020 study in the Delaware Journal of Public Health and a 2022 study in the Sociology of Race and Ethnicity journal, have found the legacy of slavery is evident in the ongoing economic and social inequities faced by Black Americans today.

California’s reparations took into account disparities and discrimination in housing, health care, education and more in its 2023 recommendations for remedies, including investments toward these inequities.

Reparations are often a controversial topic, often accompanied by million- or billion-dollar price tags. However, critics speculate whether the financial option will be feasible, as well as sufficient enough to address racial inequities.

“The truth is, we are all held back when millions of our neighbors struggle to lift their families up generation after generation, struggle to give their kids a good education, quality health care that they deserve, struggle while fighting the indignities of racism,” Hochul said.

Copyright © 2023, ABC Audio. All rights reserved.

(ARLINGTON, Va.) — A federal judge ruled Tuesday to allow a Confederate memorial to be removed from Arlington National Cemetery in northern Virginia after it was halted amid a temporary restraining order submitted by protesting groups.

The removal of the Confederate memorial is congressionally mandated to be removed by Jan. 1, 2024, according to the Army National Military Cemeteries, which is heading the removal procedures at Arlington.

“Plaintiffs have not alleged facts that support the premise that Defendants intend to “destroy” rather than “remove” the Memorial,” said District Judge Rossie D. Alston, Jr. in his opinion. “The parties discussed at oral argument that the Memorial will likely end up reconstituted at another site. Moreover, Plaintiffs had no answer regarding how the deconstruction and removal of the Memorial in the manner planned would result in irreparable harm, given that it appears that the Memorial can be reconstructed at a later time if Plaintiffs ultimately succeed in the claims.”

A congressional commission in 2021 required the removal “of all names, symbols, displays, monuments, and paraphernalia that honor or commemorate the Confederate States of America … or any person who served voluntarily with the Confederate States of America” from all assets of the Department of Defense.

This does not include headstones, markers and burial receptacles buried at the cemeteries, according to the commission’s final report to Congress.

The Reconciliation Monument at the heart of this legal battle is said to offer “a nostalgic, mythologized vision of the Confederacy, including highly sanitized depictions of slavery,” the Arlington National Cemetery states on its website.

Two of the 32 life-sized figures are depictions of African Americans — one is an enslaved woman depicted as the stereotype of a “Mammy” holding an infant of a white officer, while the other is an enslaved man following “his owner to war,” the cemetery states.

The cemetery said the inscription on the monument — “The victorious cause was pleasing to the gods, but the lost cause to Cato” — portrays the South’s succession as a noble “Lost Cause.” This narrative is said to have “denied the horrors of slavery” and “fueled white backlash against Reconstruction” and the rights later granted to African Americans, according to the cemetery.

Protesters against the removal argue that “while racism is real and white supremacist violence is real, the demolition of monuments is not an effective gesture in combating these issues,” one petition against the removal stated.

Groups such as Defend Arlington and Save Southern Heritage Florida have sued to stop the removal of the monument.

U.S. District Judge Beryl A. Howell in D.C. dismissed an initial lawsuit from the groups on Dec. 12, who later also denied the group’s request for an emergency stay against the monument’s removal.

Howell argued that because the Army has made its plans for removal known for three years and that “the ’emergency’ nature of plaintiffs’ request … is one of plaintiffs’ own creation.”

The groups then filed a complaint on Dec. 17 for temporary injunctive relief to halt the removal in the U.S. District Court for the Eastern District Of Virginia.

“The removal will desecrate, damage, and likely destroy the Memorial longstanding at ANC as a grave marker and impede the Memorial’s eligibility for listing on the National Register of Historic Places,” read the complaint.

The complaint argued that the government’s “insistence on pressing forward with their removal has and will cause severe damage to the Memorial and the families of its creator and those buried there.”

The cemetery said the surrounding landscape, graves and headstones will be protected amid the removal process.

Alston initially ruled on Monday that the Defense Department and its contractors are temporarily prevented “from taking any acts to deconstruct, tear down, remove, or alter the object of this case — the Confederate Reconciliation Memorial at Arlington National Cemetery and the surrounding gravesites — pending further action of this Court.”

The court later ruled to vacate the temporary restraining order against the monument’s removal and allow the process to move forward.

The Department of Defense declined to comment on the litigation. The monument was initially anticipated to be removed completely by Dec. 22.

Copyright © 2023, ABC Audio. All rights reserved.

(DETROIT) — A Detroit police officer was charged with manslaughter for allegedly punching a 71-year-old man who prosecutors say then fell and hit his head and died from his injuries several weeks later.

Juwan Marquise-Alexander Brown, 29, pleaded not guilty during his arraignment Wednesday morning. Brown said only his name during the hearing, which was conducted over Zoom. The magistrate entered a not guilty plea on his behalf.

The charge stems from an incident that occurred the evening of Sept. 1 while Brown was on duty. He had been dispatched to a Detroit bowling alley following a call that the victim — Daryl Vance, of Detroit — was being “disorderly,” the Wayne County Prosecutor’s Office said.

A “verbal confrontation” between Brown and Vance “escalated,” and the officer allegedly punched the victim in the face, causing him to fall and hit his head on the pavement, the prosecutor’s office said.

Emergency responders arrived and transported the victim to a local hospital for treatment, where he died on Sept. 21, the prosecutor’s office said. The Wayne County Medical Examiner determined his death was caused by blunt force trauma to his head from the punch, according to the prosecutor’s office.

Wayne County Prosecutor Kym Worthy charged Brown with manslaughter. He faces a 15-year sentence if convicted.

“Police officers frequently deal with citizens who are disorderly and verbally unpleasant. But the evidence in this case shows that the officer allegedly was the aggressor, and his actions went criminally beyond what was necessary in this situation,” Worthy said in a statement. “This behavior cannot be tolerated from our law enforcement.”

The Detroit Police Department said Brown was terminated “as a result of his actions” in the incident though is exercising his contractual right to appeal the decision.

“During the pendency of an appeal, if sought, Mr. Brown will remain off DPD payroll and will not possess any law enforcement authority,” the department said in a statement.

“The DPD will cooperate fully with Prosecutor Worthy’s efforts toward obtaining a conviction for the charged offenses,” the statement continued.

During his arraignment on Wednesday, Brown’s attorney, Matthew Forrest, had asked for a personal bond, arguing that the defendant has no criminal history and has been employed as a Detroit police officer for approximately seven years. He has extensive ties to the Detroit area and a 7-year-old son, Forrest said.

“When we were made aware that charges were filed, we arranged to have Mr. Brown turn himself in to be arraigned today,” Forrest told the court. “He is certainly not a flight risk. He is not a danger to the community. We would ask for a personal bond so that Mr. Brown can go back with his son.”

The state asked for a “reasonable” bond left to the court’s discretion.

Magistrate William Burton ultimately set a $100,000 personal bond and said Brown is not to possess any weapons or have contact with any witnesses or the victim’s family.

A probable cause conference in the case has been scheduled for Jan. 3.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — A local news helicopter operated by Philadelphia ABC station WPVI crashed Tuesday night in a wooded area in New Jersey, killing two people on board, the station said.

A pilot and photographer were on board Chopper 6 when it crashed in Washington Township, WPVI reported.

The pilot, 67-year-old Monroe Smith, and the photographer, 45-year-old Christopher Dougherty, were both killed in the crash, WPVI said.

The two were returning from an assignment at the Jersey Shore, WPVI said. The station said they had been members of the news team for years.

The New Jersey State Park Service received reports that the helicopter was missing at 10:50 p.m., said George Fedorczyk, chief of the New Jersey State Park Police. At 12:02 a.m., an officer found a debris field, he said.

New Jersey Gov. Phil Murphy offered his condolences on social media on Wednesday.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — Hackers compromised a vulnerability in a third-party vendor that serviced Xfinity, which lead to some customer information being stolen, a state attorney general’s report said.

Nearly 36 million people could be impacted by the hack, according to a filing from the Maine Attorney General’s office.

On Oct. 10, Citrix announced there was a vulnerability in its software, the filing said. Xfinity patched the system initially, but on Oct. 23 Citrix announced they had another patch of their software to further address the vulnerability.

“However, we subsequently discovered that prior to mitigation, between October 16 and October 19, 2023, there was unauthorized access to some of our internal systems that we concluded was a result of this vulnerability,” Xfinity said, according to the filing. “We notified federal law enforcement and conducted an investigation into the nature and scope of the incident. On November 16, 2023, it was determined that information was likely acquired.”

Xfinity concluded on Dec. 6 that usernames and passwords for some customers were stolen along with names, contact information, last four digits of social security numbers, dates of birth and/or secret questions.

The company says it is still taking a complete stock of what was stolen.

Xfinity is recommending users proactively reset their passwords and said, “and we can’t emphasize enough how seriously we are taking this matter.”

“Customers trust Xfinity to protect their information, and the company takes this responsibility seriously. Xfinity remains committed to continued investment in technology, protocols and experts dedicated to helping to protect its customers,” Xfinity said in a press release.

Comcast, Xfinity’s parent company, did not respond to ABC News’ request for comment.

Citrix has not responded to ABC News’ request for comment.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — A powerful rain storm is hitting the California coast causing dangerous travel conditions as the holiday rush begins.

Significant travel delays and road closures are likely, as there’s a high risk of road flooding, especially in low-lying areas. Mudslides are also possible.

The storm will last from Wednesday to Friday.

Two to 5 inches of rain is forecast for the Los Angeles area. Five to 10 inches of rainfall is likely on and below south facing foothills and coastal slopes.

The National Weather Service issued its second-highest flood threat forecast for Santa Barbara and Ventura counties, which are the bull’s-eye of the storm.

A flood watch is in effect from the San Luis Obispo area in central California down to San Diego.

Flash flooding is possible in and around recent burn scars (spots damaged by wildfires).

Drivers should also be mindful of wind gusts, which could reach 50 mph.

By Friday night, the rain will end in Southern California and move east to Arizona. Flooding is possible in Phoenix.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — A new storm is set to bring heavy rain — and possible flooding and mudslides — to the California coast, with Northern California to Southern California in the impact zone.

The heaviest rain on Wednesday will be from Los Angeles to Santa Barbara, where some coastal hills could see up to 10 inches of rainfall.

Santa Barbara, Los Angeles, Palm Springs and San Diego are all under flood watches.

The National Weather Service issued its second-highest flood threat forecast for Santa Barbara and Ventura counties.

A second wave of heavy rain will move in on Thursday morning, just north of Los Angeles.

Rainfall rates could exceed 1 inch per hour. Flash flooding, mudslides and rockslides are possible, especially in burn scar areas (spots damaged by wildfires).

Areas south of Los Angeles will get their heaviest rain Thursday night into Friday.

Then some of this rain will spill into Arizona on Saturday. Flooding is possible in Phoenix and Tucson.

Copyright © 2023, ABC Audio. All rights reserved.