1 year after devastating tornadoes, Western Kentucky continues to rebuild

1 year after devastating tornadoes, Western Kentucky continues to rebuild
1 year after devastating tornadoes, Western Kentucky continues to rebuild
Heather Paul/Getty Images

(MAYFIELD, Ky.) — In the days and weeks leading up to this weekend — which marks one year since a devastating tornado outbreak tore through Kentucky — Mayfield pastor Al Chandler has sensed anxiety among residents in the region.

“It was a whirlwind for several days there and weeks,” Chandler, a pastor at Northside Baptist Church, told ABC News. “Everybody was impacted one way or the other.”

On Dec. 10 and 11 of last year, multiple states in the Midwest and South were struck by a series of intense tornadoes, including a massive EF-4 tornado that traveled some 165 miles in Kentucky alone.

Once state officials were able to fully assess the damage, it was determined that at least 1,000 homes were damaged or destroyed and 76 people were killed in hard-hit Kentucky, Gov. Andy Beshear has said.

Memorials and vigils will be held throughout the state this weekend to remember and honor those killed as communities continue to heal from the trauma and devastation of the tornadoes.

“Now that Dec. 10 is creeping up on us, I get afraid. I can’t help but get afraid and I get stressed,” Deloris Williams, whose Dawson Springs home was one of many destroyed in the city, told ABC Louisville affiliate WHAS. “I think, ‘Please God, don’t let this happen again. Please don’t.'”

Kentucky native Misty Thomas recalled waking up on Dec. 11, 2021, to what was unprecedented devastation for most Kentuckians.

“We weren’t prepared for the reality of the possibility of an EF-4 tornado, period,” Thomas, the executive director for the American Red Cross Western Kentucky Chapter, told ABC News. “I think my mindset that night was, we will have some tree limbs down, we’ll have some power outages.”

“It took our breath — of what that storm, what Mother Nature was capable of,” she said.

The past year has been one of rebuilding and repairing. And while much progress has been made, many people are still waiting for a permanent place to call home.

As chair of the Mayfield Graves County Long Term Recovery Group, which partners with dozens of nonprofit organizations, Chandler has been involved in the efforts to provide free assistance to survivors in the weeks and months after the tornadoes. That could mean anything from food and power needs to helping file FEMA claims for damaged homes and cars.

Chandler said the group has closed some 155 cases since it was founded in the weeks after the tornado, though still has nearly 170 open cases and more than 250 that are awaiting case management.

A year after the tornado, one of the biggest concerns remains housing, he said. Upwards of 800 homes in the area were hit, with renters in particular impacted, he said.

“We determined that about 70% of our survivors were in rental units,” Chandler said, which presents a “unique gap” for the community’s recovery to help keep people in the area. “There are very few resources available for [renters].”

Through state and federal assistance, some people have been housed in campers and trailers while waiting for more permanent housing, and the humanitarian aid organization Samaritan’s Purse has built 60 new homes, said Chandler. He estimates nearly 200 people are still in need of permanent housing, while currently living in campers, hotels or with family.

To help survivors find a pathway to homeownership, the long-term recovery group launched what it’s dubbed the Home for the Holidays program — wherein it acquires homes in the community to rent to families for a year, at which point the renters will have the chance to purchase the home. The group has 13 people under contract right now, he said, with the goal to find 25 families homes by Dec. 25.

“That’s one of our creative ways to help meet some needs for our renters and get them into a home quickly,” he said.

Even those who do find a new place to live may have difficulty calling it home. After Williams lost everything when the tornado leveled her Dawson Springs home, she eventually ended up moving some 25 miles away to Hopkinsville to find an affordable apartment.

“I truly believe if it wasn’t for my cousin that helped me because he works at an apartment complex, I still would not have a place to call home,” she told WHAS. “Even though I’ve found an apartment with the help of my cousin, which I am truly grateful for, you don’t feel like you’re at home.”

‘Herculean’ recovery work

There are nine long-term recovery groups like the one Chandler chairs that are located in the Western Kentucky chapter of the Red Cross, Thomas said. Most of the volunteer-run groups sprung up in the wake of the December tornadoes to help with what will likely be a years-long recovery effort, she said.

“This is going to be such a long process because of the amount of homes destroyed, and the people who were displaced,” she said. “I would say, a year into this, there’s still a lot to do, but there’s been a lot accomplished.”

Thomas said she was impressed with the “creativity and ingenuity” of the long-term recovery groups as they step up and work to restore their communities, pointing to programs like Home for the Holidays.

“I’m really impressed with the people who’ve banded together, continue to be resilient and persevere for the good of the survivors,” she said. “There’s so many people working on behalf of survivors that it’s very heartwarming to watch this happen in real-time.”

Once the groups help those recovering from the disaster, they will likely pivot to community preparedness — to be ready if and when the next disaster strikes, Thomas said. Though for now, they’re still very much in the recovery phase.

“It’s just been incredible to get to know these people after this disaster, in these communities, doing such herculean work for the people they love,” she said. “It just reminds me, there’s so much good out there.”

Chandler has been thankful for the volunteers who continue to come from all over to help rebuild Mayfield, which in addition to residents has seen scores of businesses displaced.

“It’s a whole new town right now, in the sense that we’re all temporarily dislocated,” he said. “We’ve seen a lot of good things happen, but there’s still a lot more to do.”

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Eagle saved from atop 120-foot tall radio tower lightning rod

Eagle saved from atop 120-foot tall radio tower lightning rod
Eagle saved from atop 120-foot tall radio tower lightning rod
MacClenny Fire and Rescue Department/Facebook

(MACCLENNY, Fla.) — First responders rescued an eagle impaled by a lightning rod atop a 120 -foot radio tower at St. George Elementary in MacClenny, Florida.

Fire department crews responded to a call Friday about the eagle stuck on top of the tower and contacted wildlife authorities from the scene. It was determined that someone would need to go to the top of the tower to help the eagle, MacClenny Fire and Rescue Department said in a post on Facebook.

Engineer Louis Castle and Lt. Garret Williams loaded up into a 100-foot tall tower and headed toward the elementary school, according to the fire department.

Crews gained access to the area by cutting a fence then went up 100-feet in the tower, the department said in a statement on Facebook.

Castle then exited the bucket of the fire department’s ladder and hooked himself onto the tower, using safety equipment, and climbed the remaining 20-feet, according to the department.

The eagle was found in “obvious distress,” according to the department.

Once he was at the top, Castle was able to free the bird of its impalement. It then soared down and was captured by wildlife rescuers.

As of Saturday afternoon, the fire department did not have an update on the eagle’s health status.

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Decomposing body of likely pregnant woman found during fatal shooting arrest: Police

Decomposing body of likely pregnant woman found during fatal shooting arrest: Police
Decomposing body of likely pregnant woman found during fatal shooting arrest: Police
Oliver Helbig/Getty Images

(SILVER SPRING, Md.) — Officers seeking a suspect in a fatal shooting at a Maryland gas station made a “surprising discovery” when they found the decomposing body of a likely pregnant woman at the man’s apartment, police said.

Torrey Moore, 31, of Silver Spring, was arrested and charged with first-degree murder on Friday for allegedly killing an employee at the Dash In Convenience Store in Silver Spring during an altercation the previous day, Montgomery County police said.

The investigation of the gas station shooting led detectives to an apartment complex across the street, where they executed a search warrant in Moore’s apartment, police said.

“When SWAT made entry, and after arresting Moore, they discovered a deceased female, believed to be an adult, on the floor in the apartment in an advanced stage of decomposition,” Montgomery County Police Chief Marcus Jones told reporters during a press briefing Friday.

Moore allegedly told police that he was in a relationship with the woman and that she was eight months pregnant at the time of her death. He also allegedly said that “there had been some type of fight between the two about one month prior that led to the victim becoming deceased prior to today,” Jones said.

Police are waiting for the medical examiner to determine the cause and manner of death, to confirm whether the woman was pregnant and how far along and to verify the woman’s identity, Jones said. That process could take several days, he said.

Police were not aware of anything amiss at that apartment, or of any missing persons from that location, the chief said.

“This is very new to us, again a surprising discovery upon our entry this morning. So we’ve got a lot of work to do,” Jones said Friday. “We’re a little bit amazed that we did not receive any calls, none that we have seen, thus far, that would have given us any indication that something was occurring within that apartment.”

“We’re very concerned about what has been occurring between these two,” he said.

Jones said Moore was captured on footage leaving the gas station following the shooting Thursday afternoon and heading toward the apartment complex across the street. Detectives were able to positively identify him from several witnesses, he said, and store employees said Moore was a “problem customer” at that location.

Moore is alleged to have shot Ayalew Wondimu, 61, of Silver Spring, following a dispute at the gas station. The footage captured Moore grab a bottle of iced tea and bring it to the counter, where the altercation occurred, according to Jones.

“We did observe Moore pick up items from in front of the counter and began throwing them at the clerk,” Jones said.

Wondimu then picked up a metal pole behind the counter and attempted to strike Moore, who was on the other side of the counter, Jones said.

“Moore stepped back and for reasons unknown he retrieved a silver handgun from his vest pocket and he shot Wondimu at a point-blank range,” Jones said.

Moore allegedly then reached over the counter and fired again multiple times, before grabbing the iced tea bottle and leaving the store, said Jones, who called the incident “very troubling.”

Wondimu suffered multiple gunshot wounds to the chest and was pronounced dead at the scene, Jones said.

Moore was charged with first-degree murder and possession of a firearm while committing a felony and is being held on no bail. He is scheduled to appear in court on Monday. It is unclear if he has an attorney.

Additional charges could be likely depending on the medical examiner’s determination of the cause and manner of death of the woman found in his apartment, police said.

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Rally for Shanquella Robinson, American tourist who died in Mexico, to be held Saturday

Rally for Shanquella Robinson, American tourist who died in Mexico, to be held Saturday
Rally for Shanquella Robinson, American tourist who died in Mexico, to be held Saturday
Courtsey Quilla Long

(CHARLOTTE, N.C.) — A rally for Shanquella Robinson, the American woman who died while vacationing in Mexico in what local authorities are investigating as a femicide, is scheduled to be held Saturday.

The rally is calling for justice for Robinson, 25, of Charlotte, North Carolina, who died in October while on a trip with six friends to San Jose del Cabo, a resort city on the southern tip of Mexico’s Baja California peninsula.

The event is scheduled to start at 4 p.m. at Little Rock AME Zion Church in Charlotte and will be livedstreamed via the Million Youth March Of Charlotte & Salisbury Teen Advisory Board’s Facebook page. Robinson’s family will be in attendance, organizers said.

“There were thousands of people that didn’t make it into the services a couple weeks ago, so this is the opportunity to come and show their support with the Robinson family again and to love on them and basically let them know that we stand with them,” Mario Black, the founder of Million Youth March of Charlotte, told reporters during a press briefing announcing the rally. “It’s justice for Shanquella Robinson until justice is served.”

Questions have mounted amid conflicting reports on what happened in the hours leading up to Robinson’s death.

The original autopsy report obtained by ABC News said Robinson died from a severe spinal cord injury and a dislocated neck. According to the document, which was dated Nov. 4, Robinson was found unconscious in the living room of a residence on Padre Kino Avenue in San Jose del Cabo on the afternoon of Oct. 29 and was declared dead within 15 minutes.

That report differs from a recent update from Mexican authorities, who said that Robinson may have been alive and received care from a medical professional for several hours before authorities arrived and she was pronounced dead, ABC News has learned.

The medical professional at the scene allegedly told Robinson’s friends that Robinson was drunk and dehydrated, and that they should take her to a hospital. However, they declined to do so, according to authorities.

Authorities have not responded to ABC News’ request for comment on the difference between their report and the autopsy.

An arrest warrant was issued last month in Robinson’s death for the crime of femicide, a form of gender-based violence, according to a local prosecutor. The warrant was issued for an unnamed alleged perpetrator, “a friend of hers who is the direct aggressor,” Daniel de la Rosa Anaya, local prosecutor for the state of Baja California Sur, said.

The FBI opened an investigation last month into Robinson’s death, though no further details were released due to the ongoing probe.

Robinson went to the Mexican resort city on Oct. 28, according to her family. Robinson’s parents said they got a frantic telephone call from their daughter’s friends the next day saying she had died from alcohol poisoning.

The Mexican Secretariat of Health’s autopsy report and death certificate do not mention alcohol.

With all the new and developing information, Robinson’s family is still seeking answers from her friends.

Sallamondra Robinson, the mother of Shanquella Robinson, told ABC News she’s happy the FBI has stepped in to help solve her daughter’s case so it “won’t go in vain.”

None of Robinson’s friends who were with her in Cabo have responded to ABC News’ repeated requests for comment.

ABC News’ Erica Y. King, Anne Laurent and Sabina Ghebremedhin contributed to this report.

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2 French bulldogs stolen from pregnant woman during armed robbery, LA police say

2 French bulldogs stolen from pregnant woman during armed robbery, LA police say
2 French bulldogs stolen from pregnant woman during armed robbery, LA police say
Los Angeles Police Department

(LOS ANGELES) — Two French bulldogs were stolen from a pregnant woman during an armed robbery in Los Angeles, police said.

Around 10 a.m. Friday, the nine-months pregnant woman was walking her two French bulldogs in the Studio City neighborhood when a man armed with a pistol approached, pointed the gun at her and took both dogs, the Los Angeles Police Department said.

The suspect then fled with the French bulldogs in a gray SUV, according to police, who shared images of the vehicle and dogs. Police described the suspect as a Black man between the ages of 20 and 30 who was approximately 6 feet tall and 200 pounds.

The dogs — Gizmo and puppy Milo — were reunited with their owners Friday evening, ABC Los Angeles station KABC reported.

Cindy Nelson told the station she was walking the dogs by a parked car when the incident occurred.

“A man jumped out of the car with a gun in his hand and held it in front of my face and grabbed my dogs,” Nelson told KABC. “It happened all so fast.”

The dogs were left with a woman walking her dogs in the Hollywood area who then called the number on their tags, helping to reunite them with Nelson and her husband, the couple told KABC.

Nelson wasn’t hurt but was worried for her pets, including 7-year-old Gizmo, who has a spinal condition and leg problems, KABC reported.

French bulldogs are the No. 1 dog breed target for thieves, according to the American Kennel Club, with their popularity and price tag making them a prime target in dog thefts.

“I know Frenchies are a target, and I never thought that would happen here, and never thought I would be targeted in this neighborhood,” an emotional Nelson told KABC.

Last year, two French bulldogs owned by singer Lady Gaga were stolen during a violent robbery in which her dog walker, Ryan Fischer, was shot and seriously wounded. Authorities had said at the time they didn’t believe Fischer was targeted because he works for Lady Gaga, but because the suspects were motivated by the high value of the dogs, which can fetch thousands of dollars.

This week, the man arrested for shooting Fischer took a plea deal and was sentenced to 21 years in prison, according to The Associated Press. The suspect, James Howard Jackson, pleaded no contest to one count of attempted murder, the AP said.

In a victim impact statement shared on Instagram, Fischer called the incident a “life-changing, earth-shattering event.”

“A part of me is still desperately trying to save those dogs knowing you were going to shoot me,” Fischer said in his statement while addressing Jackson in court.

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Large, powerful winter storm set to slam United States

Large, powerful winter storm set to slam United States
Large, powerful winter storm set to slam United States
ABC News

(NEW YORK) — A large and powerful storm is making its way onshore from the Pacific Ocean on Saturday, bringing a range of hazards to the west over the weekend.

This storm is already in progress in Washington, Oregon and northern California. The storm will drift south during the day on Saturday, with heavy rain moving as far south as Los Angeles and San Diego heading into Sunday.

One to 2 inches of rain are likely across a wide area of the west coast, with some localized patches of 2-4 inches possible. With that kind of rain in a relatively short period of time, flash flooding will be a risk across coastal California throughout the weekend.

Storm totals may end up leaving as much as 4 to 8 feet of snow in some of the Sierra Nevada Mountains in central-northern California.

There will not be extreme snowfall in the lower elevations, where most cities are located, so don’t expect to see any snowfall in Sacramento or the rest of the San Joaquin Valley.

The storm then heads east into next week, expanding in size. By Tuesday, it may stretch from the Gulf Coast to southern Canada — more than 1,500 miles long.

By Tuesday, there are two main concerns: blizzard conditions in the northern plains and severe weather in the Deep South.

Heavy snowfall and gusty winds will lead to whiteout conditions from Nebraska to Minnesota on Tuesday and Wednesday. While the other side of the storm will bring a chance for powerful thunderstorms and tornadoes in Louisiana, Arkansas and Mississippi on Tuesday.

Sunday snow in the Northeast

A smaller, less powerful storm system will be heading through the Great Lakes and into the Northeast on Sunday. While not a giant storm, it will bring portions of the Northeast the first accumulating snowfall of the season.

Snow will mix with rain along the coastal areas, so the major cities along the I-95 corridor, Philadelphia, New York and Boston, aren’t looking at much, if any, snow accumulation.

Upstate New York, northeastern Pennsylvania, northwest Connecticut and western Massachusetts may see a few inches of wet snow from this storm.

Travel on Sunday evening may be tricky with snow and rain across the area. It all clears out by Monday.

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Employees of Kentucky candle factory destroyed by deadly tornado file new lawsuit

Employees of Kentucky candle factory destroyed by deadly tornado file new lawsuit
Employees of Kentucky candle factory destroyed by deadly tornado file new lawsuit
Heather Paul/Getty Images

(NEW YORK) — The owner of a Kentucky candle factory that was destroyed in a deadly tornado last year is facing another lawsuit from workers alleging they were threatened with termination if they left before the disaster struck.

Nine people were killed when a late-season tornado hit the Mayfield Consumer Products candle factory in Mayfield on Dec. 10, 2021.

In a lawsuit filed Thursday in Graves County, several employees who were working that night allege the company “refused” to let them leave “even though it had at least three hours of notice of the danger this tornado posed to its place of business and to its employees.”

The plaintiffs include the family members of three workers who died in the disaster.

Several of the workers have also joined a class-action lawsuit against the company that has not yet been resolved.

In the latest lawsuit, the workers allege that Mayfield Consumer Products “repeatedly threatened to terminate” any employee who left due to the expected tornado, did not train the employees in emergency safety protocols and that there was only one hallway and two restrooms for its 110 employees to shelter in during the tornado.

The lawsuit further alleges that the company “defamed the character” of employees who gave interviews to news organizations about their experience.

The lawsuit accuses the company of false imprisonment and intentional infliction of emotional distress and is seeking unspecified damages.

Mayfield Consumer Products’ legal counsel did not immediately respond to ABC News’ request for comment. The company has repeatedly denied any wrongdoing.

A group of workers represented by Elijah Johnson, one of the plaintiffs in the lawsuit, also alleged in a filing with the National Labor Relations Board last month that the company retaliated against them for participating in an Occupational Safety and Health Administration investigation earlier this year by refusing to pay their medical bills, the plaintiffs’ attorneys said.

The OSHA probe led to $40,000 in fines for seven violations, the attorneys said.
MORE: Kentucky factory survivor trapped 4 hours under rubble retells ABC News’ David Muir his harrowing rescue, thanks first responders

In a statement to WKMS-TV following the filing, Mayfield Consumer Products’ legal counsel denied Johnson’s allegations and noted that Johnson was told not to leave because a shelter-in-place policy was in effect.

“This confirms that MCP complied with federal and state law, which requires employers to ensure that employees shelter in place during hazardous weather events,” the statement said.

 

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How companies are making single-use period products more sustainable

How companies are making single-use period products more sustainable
How companies are making single-use period products more sustainable
Isabel Pavia/Getty Images

(NEW YORK) — Every year, an estimated 45 billion menstrual products are used around the world, with each person who menstruates generating more than 400 pounds of waste in their lifetime, according to an article from Plastic Oceans International.

It’s an environmental crisis that rarely gets talked about, due to the stigma around periods themselves, August CEO Nadya Okamoto, told ABC News. The New York-based startup claims they are trying to meet consumers’ preferences with their line of more sustainable pads and tampons.

“Because of the period stigma, there hasn’t been the same level of accountability,” Okamoto said.

Okamoto said August’s products decompose at faster rates than the standard tampons and pads, but admits they aren’t perfect. The organization’s tampon applicators are still made of plastic which, while they may be recyclable, depending on the jurisdiction, often get discarded in the trash.

“Applicators are very much a U.S. thing. I know in Europe and in places overseas, digital tampons, non-applicator tampons, are a lot more of the norm. A lot of this is from embedded fear of touching your own period blood,” Okamoto said.

The company’s tampons and pads are made of organic cotton and fully biodegradable within 12 months, Okamoto said.

But some argue that products ending up in landfills outweighs the potential benefits of using sustainable materials.

“A landfill is intended to entomb these products forever and ever, so it doesn’t really matter if it’s 500 years or three years,” Dr. Susan Powers told ABC News.

Powers studies the life cycle of period products, from extraction of materials to decomposition. She advocates for the use of reusable products over single use.

“Cardboard or no applicator is a far better choice. Plastics are recyclable, and they’ve got their little triangle on them. Well, it’s not recyclable everywhere. In general, the reusable is always going to be far superior to any disposable,” Powers said.

August argues that even in conditions where products aren’t able to degrade, using organic, biodegradable and compostable materials still reduces water usage and overall carbon emissions.

ABC News has reached out to leading tampon and pad manufactures about issues of sustainability and concerns that their products contribute to overflowing landfills and the environmental problems caused by that. They have not responded.

Single-use tampons and pads are by far the most popular choice for Americans today, but alternative options, like period underwear and menstrual cups, are gaining traction. However, the initial cost for these reusable products often sways people from making the eco-friendly switch.

In the meantime, Okamoto wants to bring more awareness to the lack of sustainability in traditional period products.

“How do we brainstorm the most sustainable solution that people will actually use as we push the whole industry to be more sustainable?” Okamoto said.

 

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Officer who knelt on George Floyd’s back sentenced

Officer who knelt on George Floyd’s back sentenced
Officer who knelt on George Floyd’s back sentenced
Stephen Maturen/GETTY IMAGES

(NEW YORK) — J. Alexander Kueng, a former Minneapolis police officer who knelt on George Floyd’s back during the fatal May 2020 arrest, was sentenced to 3 1/2 years in prison Friday.

Kueng, 29, had pleaded guilty to one count of aiding and abetting in second-degree manslaughter in October as part of an agreement with prosecutors. A second charge of aiding and abetting in second-degree unintentional murder will be dismissed against Kueng as part of his plea agreement.

“We appreciate very much that Mr. Kueng plead guilty,” said prosecutor Matthew Frank at the sentencing.

“We hope the conclusion of this case reaffirms that peace officers cannot treat citizens in crisis as non-people, or second-class citizens,” Frank added.

The plea was announced just as a joint state trial for Kueng and Tou Thao, another officer, was to begin with jury selection.

“J. Alexander Kueng is now the second officer involved in Floyd’s death to accept responsibility through a guilty plea. That acknowledgement hopefully can bring comfort to Floyd’s family and bring our communities closer to a new era of accountability and justice,” Minnesota Attorney General Keith Ellison said in an October statement on the plea deal.

Floyd’s death ignited protests nationwide against police brutality and systemic racism.

“We must never forget the horror of what we all saw in that 9-minute video, and that there rightfully should be both accountability for all involved as well as deep lessons learned for police officers and communities everywhere,” said the legal team for George Floyd’s family, led by civil rights attorney Ben Crump, in an October statement on Kueng’s plea deal in October.

Both Kueng and Thao, 34, are currently serving federal sentences after being convicted in February on federal charges of violating Floyd’s civil rights. Kueng’s sentence from today will be served concurrently with his federal sentence.

The two were found guilty of depriving Floyd of his “constitutional right to be free from an officer’s unreasonable force when each willfully failed to intervene to stop … [Derek] Chauvin’s use of unreasonable force.”

Derek Chauvin, the officer who knelt on Floyd’s neck, was found guilty on three counts in Floyd’s death: Second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for more than 9 minutes.

He had been sentenced to 22.5 years.

Chauvin had additionally been sentenced to 21 years on federal civil rights charges in Floyd’s death.

Thao waived a jury trial and his state charges will be decided by a judge. According to MPR, Judge Peter Cahill will review evidence received by Nov. 17 and has 90 days to decide the case, according to MPR News.

A third defendant, former Minneapolis police officer Thomas Lane, was also convicted on federal civil rights charges stemming from Floyd’s death. Lane pleaded guilty to state charges of aiding and abetting second-degree manslaughter.

Editor’s note: J. Alexander Kueng, a former Minneapolis police officer who knelt on George Floyd’s back during the fatal arrest, is set to be sentenced Friday. An earlier version of this story incorrectly stated the sentencing had already happened.

ABC News’ Bill Hutchinson contributed to this report.

 

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Buffalo supermarket shooter’s fate to be decided next year

Buffalo supermarket shooter’s fate to be decided next year
Buffalo supermarket shooter’s fate to be decided next year
Marilyn Nieves/Getty Images

(WASHINGTON) — The Justice Department won’t decide until 2023 whether to seek the death penalty for Buffalo supermarket shooter Payton Gendron, but Gendron’s lawyer reiterated Friday that he’s willing to plead guilty to the federal charges in exchange for a life sentence.

Gendron, who fatally shot 10 Black people at a Tops supermarket in May, pleaded guilty last month to state charges including murder and domestic terrorism motivated by hate. He carried out the attack “because of the perceived race and/or color” of the victims, according to the indictment by the Erie County district attorney.

Gendron is charged federally with hate crime resulting in death, hate crime involving bodily injury, use of a firearm to commit murder and use of a firearm in relation to a crime of violence.

“It is still our hope to resolve this matter short of a trial,” defense attorney Sonya Zoghlin said during a hearing Friday. “He is prepared to enter a plea of guilty in federal court in exchange for a life sentence.”

In the meantime, Zoghlin asked the judge for extra time to review the “voluminous” discovery material turned over by the government.

But Judge H. Kenneth Schroeder responded, “I don’t see the necessity of having a lot of time spent on discovery materials that relate solely to the factual substantive issues to which the defendant pleaded guilty. The issue now for the defense is to focus on mitigation as to why there should not be a federal death sentence.”

Schroeder agreed to give the defense until March 10, 2023, to review discovery and, simultaneously, negotiate with federal prosecutors over a possible plea agreement.

“The defendant has entered a plea of guilty to similar but unrelated charges in state of New York proceedings,” Schroeder said. “So it seems to me the issue of guilt or innocence on the federal charges is basically moot by reason of the defendant’s own admissions in the state court.”

Schroeder also questioned whether a federal trial is even necessary if the Justice Department ultimately decides against seeking the death penalty.

“Obviously you can’t have two consecutive life sentences because Mr. Gendron only has one life to live,” Schroeder said.

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