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(WEST CHESTER, Pa.) — Officials in Chester County, Pennsylvania, admitted Wednesday that there were failures in official communications following convicted murderer Danelo Cavalcante’s escape from their county prison on Aug. 31.

During the first public meeting of the board that oversees the prison since the two-week manhunt for Cavalcante drew national headlines, Chester County Commissioner Josh Maxwell told residents the ordeal was “something we never expected to happen here in Chester County, a place where people move to be and feel safe.”

Officials stated that they started having “concerns about the leadership and operations” at the prison a year earlier.

“We want to find ways to earn your trust,” Maxwell said. “It’s going to take more than a day, more than a meeting today. It’s going to take weeks and then months and then years without any incidents to earn the community’s trust.”

He added that Cavalcante was “one of the worst prisoners we have had in terms of crimes they committed.”

Maxwell said the board’s concerns a year ago prompted them to hire third-party consultants to evaluate conditions at the prison.

One consultant conducted an unannounced inspection over a three-day span in April, which led to recommendations being delivered in July.

“Those recommendations focused on what they believed to be the root cause of concerns, which was leadership within the prison administration,” Maxwell said.

“Ultimately, corrective actions that were tasked to the previous warden were not satisfactorily undertaken.”

One day prior to the escape, the board accepted the resignation of the jail’s warden and named Howard Holland, a former police chief in nearby Downingtown, as the prison’s interim warden. Maxwell said Holland had spent several months as a “special liaison” to the board during the investigations by consultants.

“Emergency communication was lacking”

Maxwell acknowledged that there were issues with how Chester County residents were informed about the escape from the prison, which is located at the edge of Philadelphia’s suburbs in one of the wealthiest regions of Pennsylvania.

“We do understand and believe that notifications and emergency communication was lacking regarding this prison escape and the county’s Department of Emergency Services will start to make changes immediately,” he said.

Maxwell noted in the event of any future escape, ReadyChesCo, the county’s notification system for residents, will be activated at the same time as the escape alarms.

“In the situation like this, that notification did not go out quick enough. We own that and will ensure that the Department of Emergency Services corrects that for any incident moving forward,” Maxwell said.

Changes ahead in Chester County

During Wednesday’s meeting, the Chester County Prison Board approved a $94,000 contract with TranSystems to design security upgrades to the prison, including enclosing the yard that was where Cavalcante’s escape began.

The board also approved temporary fixes to the prison, including closing off the area above the entrance doors to the prison yard with a security metal soffit, removing basketball hoops and adding correctional officers to the prison yards to supplement the supervision from the guard tower.

During the meeting, representatives from TranSystems shared photos taken inside the prison and offered three possible options for solutions, with the main one being that the prison yards should be fully enclosed with roofing so that detainees cannot climb out of the yard as Cavalcante did.

ABC News’ Charlotte Greer contributed to this report.

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(ATLANTA) — The Fulton County district attorney’s office has secured pro-Trump attorney Lin Wood as a witness in its Georgia election interference case against former President Donald Trump and 18 others, according to a court filing Wednesday.

Other witnesses for the state include Georgia Secretary of State Brad Raffensperger, former Georgia Lieutenant Governor Geoff Duncan, members of the State Election Board, and members of the Georgia General Assembly, the filing said.

Trump and 18 others were charged in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. The former president says his actions were not illegal and that the investigation is politically motivated.

Wednesday’s filing also sought to raise concerns to the judge overseeing the case about what prosecutors called “potential conflicts of interest” with a number of the defense attorneys in the case.

The DA’s office said it identified six attorneys who are representing various defendants but have also had previous involvement in the case or related matters, including by previously representing witnesses for the state — a situation they say could result in those witnesses being subject to cross examination by their former attorneys.

“The state has worked diligently to identify any potential conflicts of interest concerning attorneys who currently represent Defendants in this case and who previously represented material witnesses or parties before the special purpose grand jury and other prost-election proceedings,” the filing states.

One attorney they note is defendant Kenneth Cheseboro’s lawyer, Scott Grubman, who they say earlier, during the investigation by the special purpose grand jury, represented Brad Raffensperger and his wife Patricia — both of whom are now witnesses for the state, the filing says.

“Mr. Grubman’s former clients would be subject to cross-examination by him were he to remain counsel of record in this case,” the filing states.

Grubman, in his own filing, said he did “briefly” represent the duo, but pushed back on the DA’s characterization that it would be a conflict, saying that he has waivers from Cheseboro, Raffensperger, and his wife.

“Mr. Grubman is aware of his ethical and professional obligations and does not believe he has a conflict in this matter,” Grubman’s filing stated.

Regarding the waivers, Grubman said he “would have informed the District Attorney’s office of such informed consent had they reached out before filing their notice. The state did not extend that typical profession courtesy.”

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(LOS ANGELES) — The suspected gunman in the fatal shooting of a Los Angeles County sheriff’s deputy pleaded not guilty by reason of insanity to murder with special circumstances.

Kevin Salazar, 29, was arrested on Monday in what authorities described as the “ambush” shooting of Deputy Ryan Clinkunbroomer.

During his arraignment on Wednesday, Salazar’s attorney entered a plea of not guilty and a dual plea of not guilty by reason of insanity on his behalf. He is being held without bail and is scheduled to next appear in court on Nov. 7 for a preliminary hearing.

Under California law, if the defendant in an insanity defense case is found guilty, a trial on the issue of sanity would occur. If a jury finds the defendant was insane while committing the crime, the defendant would be committed to a state hospital or facility for treatment. If found sane, the defendant would be sentenced as provided by law.

Clinkunbroomer, 30, was on duty, in uniform and in his patrol car, when he was shot while stopped at a red light outside the Palmdale Sheriff’s Station Saturday night.

Clinkunbroomer was “ambushed by a coward,” Los Angeles County Sheriff Robert Luna said Monday.

Amid the search for the suspect, investigators said they were seeking a Toyota Corolla as a vehicle of interest in the case. Sharing details on the Corolla led investigators to the suspect and the car, the sheriff said.

Salazar was arrested Monday morning after barricading himself inside a house for several hours, Luna said.

Multiple law enforcement sources told ABC News Monday night that Salazar confessed to investigators.

The motive remains unclear.

Investigators are trying to determine whether the suspect had an officially documented history of psychiatric problems and whether that would have or should have triggered red flags that might have stopped him from buying a gun.

Salazar’s mother told ABC News that she had reported concerns over her son’s mental health to law enforcement, but it remains unclear whether any such reports would have risen to a level that should have blocked her son from being able to legally purchase a gun. The Los Angeles County Sheriff’s Department has not commented on whether Salazar’s mother contacted them about her son’s mental health.

No other suspects are believed to be involved, the sheriff said.

Clinkunbroomer, an eight-year veteran of the sheriff’s office, was “a dedicated, hard-working deputy sheriff,” Clinkunbroomer’s family said in a statement read on Monday by the sheriff.

“Ryan was recently engaged to the love of his life,” his family said, and he made “the ultimate sacrifice.”

ABC News’ Emily Shapiro and Josh Margolin contributed to this report.

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(NEW YORK) — New York City police seized fentanyl and weapons on Wednesday during a search of a house in Queens where a 10-year-old lives, officials said.

Police executed a search warrant and found more than 5 pounds of suspected cocaine with traces of fentanyl; more than 2 pounds of suspected heroin with traces of fentanyl; several guns, including a high-capacity rifle; and four kilo presses, the NYPD said.

A 10-year-old was asleep inside when police came and has since been removed from the home, police said. The 10-year-old’s bedroom was across the hall from fatal doses of drugs, Deputy Chief Jerry O’Sullivan said at a news conference, calling it “completely unacceptable.”

“I don’t know how anyone could think it’s OK,” O’Sullivan said.

Five people have been arrested for criminal possession of a controlled substance, criminal possession of a weapon, acting in a manner injurious to a child, criminal use of drug paraphilia and criminal possession of a narcotic drug,

This discovery comes days after an unconnected incident in the Bronx where 1-year-old boy died and three other children were sickened from fentanyl exposure at a day care.

Nicholas Dominici, 1, died on Friday and three other children, ranging in age from 8 months to 2 years, were hospitalized and treated with Narcan and are now recovering, police said.

A kilogram of fentanyl was stored on top of children’s play mats used for napping, according to the federal court documents. Two people have been arrested on federal and state charges.

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(OKLAHOMA CITY) — After 48 years, a man who says he was wrongfully convicted of murder has officially had his case dismissed.

Glynn Simmons was 22 when he was convicted of first-degree murder in the 1974 death of Carolyn Sue Rogers at a local liquor store. Simmons is now 70.

He received a death penalty sentence in 1975. However, his sentence was modified to life in prison in 1977 following a U.S. Supreme Court decision, according to Oklahoma County District Court Attorney Vicki Zemp Behenna.

In April, Behenna requested that Simmons’ conviction be vacated and retried after a review of the case found that “a lineup and certain police reports that were available at the time were not turned over to the defense.”

Behenna argued that the circumstances “cast a shadow over his right to a fair trial.”

In July, Oklahoma County District Court Judge Amy Palumbo vacated Simmons’ conviction and set the case for a new trial, allowing Simmons to be released for the first time in 48 years.

Behenna then asked for the case to be dismissed, arguing that the state will not be able to prove beyond a reasonable doubt that Simmons was responsible for the death.

Behenna said in a statement that this is because there is no longer physical evidence; the original investigators and detectives in the case are not available or deceased; and the surviving victims are not available or deceased.

Behenna added the defense alleges that their alternate suspect was identified in one of the lineups.

Palumbo ruled Tuesday that the case will be dismissed with prejudice, meaning the case cannot be retried.

“I plan to use my remaining time to help others who are still stuck where I was,” said Simmons in an online post. “We need to fix this system so that what happened to me will never happen to anyone else, ever again!”

He said he is currently undergoing chemotherapy for liver cancer.

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(PITTSBORO, N.C.) — A North Carolina man has been arrested and charged in connection with the death of his 34-year-old wife, who was found in Jordan Lake last month, according to the Chatham County Sheriff’s Office.

Omar Matthew Ibrahim Drabick, 34, has been charged with first-degree murder and concealment of an unnatural death in the killing of his wife, Hadeel Ghadhanfer Hikmat. Investigators believe Drabick killed Hikmat and then tossed her body off a bridge into Jordan Lake, according to Durham ABC station WTVD.

Drabick, who was arrested Tuesday morning, is being held without bond in the Chatham County Sheriff’s Office Detention Center. He is scheduled to appear in court on Sept. 25.

A boater at Jordan Lake found Hikmat’s body on Aug. 29 in the vicinity of a boat ramp.

Police were able to identify the victim as Hikmat through fingerprint analysis. Investigators determined that her death was not accidental or self-inflicted.

On Sept. 8, the Chatham County Sheriff Office along with the Apex and Raleigh police departments, executed search warrants at two locations in Wake County known to be frequented by Hikmat.

“Our thoughts and efforts are with Ms. Hikmat’s family, and the other families who contacted us about their missing loved ones,” said Chatham County Sheriff Mike Roberson.

“These kinds of incidents are a reminder of the tragedy of domestic violence,” he continued. “It’s a scourge that affects far too many lives and causes immeasurable pain and suffering. We urge anyone who may be in an abusive relationship to reach out for help and support.”

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(NEW YORK) — Andrew Lester, the Kansas City man charged in the shooting of Ralph Yarl after the teenager mistakenly went to the wrong house, pleaded not guilty during his arraignment on Wednesday morning after a judge ruled on Aug. 31 that his case will head to trial.

Lester waived his rights to have the charges read and his trial is expected to begin on Oct. 7, 2024, with a docket call on Dec. 15, according to ABC affiliate in Kansas City, KMBC-TV, who was in the courtroom.

Lester’s attorney Steven Salmon confirmed to ABC News on Tuesday that Lester would plead not guilty.

ABC News reached out to Salmon for further comment.

Lester – a homeowner in Kansas City, Missouri – shot Yarl in the head and in the right arm on the evening of April 13, according to police, after the teenager mistakenly arrived at Lester’s home to pick up his twin siblings.

Lester, 84, was charged with one count of felony assault in the first degree and one count of armed criminal action, also a felony, Clay County prosecuting attorney Zachary Thompson said during a press conference on April 17.

During a preliminary hearing on Aug. 31, Clay County Judge Louis Angles ruled that Lester will stand trial because there was enough probable cause that a felony has been committed.

The ruling came following testimony from 12 witnesses, including Ralph Yarl and his mother Cleo Nagbe.

Yarl, who suffered a traumatic brain injury after the shooting, testified that he is still dealing with the physical and mental impact of the shooting and recounted the moments before he was shot.

He said that he rang the doorbell and waited “an amount of time I considered longer than normal” and eventually the main interior door opened and as he reached for the locked glass storm door, he was shot twice — the first time in his head and once again when he was on the ground.

He said that he never said anything to Lester, but after the shooting Lester said, “don’t come here ever again.”

According to a probable cause statement obtained by ABC News, Lester, who is white, told police that he “believed someone was attempting to break into the house” and grabbed a gun before going to the door because he was scared.

“Lester stated he opened the interior door, and saw a Black male approximately 6 feet tall pulling on the exterior storm door handle. He stated he believed someone was attempting to break into the house, and shot twice within a few seconds of opening the door,” the statement reads.

Yarl told GMA in an interview that aired on June 27 that he was shot through a glass door.

“He points [the gun] at me … so I kinda, like, brace and I turn my head,” Yarl said. “Then it happened. And then I’m on the ground … and then I fall on the glass. The shattered glass. And then before I know it I’m running away shouting, ‘Help me, help me.'”

 

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(NEW YORK) — Protesters flooded the street outside a former senior living facility in Staten Island, temporarily blocking a bus carrying asylum-seekers, after local leaders said they learned it was slated to house New York City’s latest migrant shelter.

Ten people were arrested, nine of whom received summonses for disorderly conduct and were released, police said.

Vadim Belyakov, 48, was charged with assaulting a police officer, resisting arrest and obstructing government administration after an officer was injured trying to arrest him, according to police. He will be arraigned in criminal court Wednesday. The police officer was treated for a knee injury.

City Councilman David Carr said the city Department of Social Services told him the shelter would be opening at the former Island Shores Senior Living Facility, which brought dozens of residents to protest, and police officers quickly responded to close the street in front of the former facility.

A bus taking about 20 asylum-seekers to the new facility turned around after it was met by protesters at around 8:15 p.m. Tuesday night.

The bus encountered protesters, temporarily blocking its path. Police were arranging an alternate route when the passengers asked to return to The Roosevelt Hotel in Manhattan, which is being used as a migrant intake center. The bus then turned around.

Mayor Eric Adams, appearing on several morning shows, described it as “an ugly display”

“The police department handled those small number of people and we are not going to allow ourselves to be bullied carrying out our responsibilities,” Adams told local outlet NY1. “But I understand the frustration New Yorkers are going through and I understand the frustration that the asylum-seekers are experiencing as well.”

Adams has been appealing for help from both the state and federal government due to a surge in migrants bused to the city since last year. About 130,000 asylum-seekers have arrived in the city in the past year and a half. New York Gov. Kathy Hochul met with President Joe Bien on Tuesday, saying she had a “very productive conversation” in regard to “specific requests for help with the migrant crisis.”

An NYPD drone was used during the protest to survey the crowd, which included people hurling objects at the officers. Police called a Level 3 mobilization for crowd control.

The 288-bed senior living facility was put up for sale last year, and local residents have been protesting for the last month amid rumors that migrants would soon be placed there.

 

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(ATLANTA) — Three of former President Donald Trump’s co-defendants in the Georgia election interference case will try to have their cases removed to federal court Wednesday.

For the third time, a federal judge is set to hear arguments during an evidentiary hearing in Atlanta on the issue of federal removal, this time from David Shafer, Shawn Still and Cathy Latham — three of Trump’s so-called “alternate electors” who were charged in the conspiracy case by Fulton County DA Fani Willis.

The three are following in the footsteps of former Trump Chief of Staff Mark Meadows and former Department of Justice official Jeffrey Clark, two federal officials who were charged in the case and have sought to move their cases based on a federal law that calls for the removal of criminal proceedings brought in state court to the federal court system when a federal official or someone acting under them is charged for actions they allegedly took while acting “under color” of their office.

The three defendants are expected to face an uphill battle after Judge Steve Jones earlier this month denied Meadows’ bid. Clark is awaiting a ruling on his motion, while Meadows is continuing his efforts on appeal.

Trump and 18 others were charged in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Shafer, Still and Latham are charged with impersonating a public officer and forgery, among other crimes, after they allegedly met with 13 other individuals in December 2020 and put forward electors’ certificates falsely stating that Trump won the state and declaring themselves the state’s “duly elected and qualified” electors.

All 19 defendants have pleaded not guilty to the charges.

Shafer previously served as the chair of the Georgia Republican Party, while Still is currently a Georgia state senator and Latham was the GOP chair for Coffee County.

None of the three are expected to appear in court for their joint hearing, after each submitted a waiver for their in-person appearances. Clark also did not appear for his hearing, while Meadows testified at his own hearing for over three hours.

Shafer, Still and Cathy Latham have argued in court filings that they qualify for removal because they were acting as federal officials, under federal authority, in their role as alternate electors.

“The role of presidential elector is a federal one — created and directed by the United States Constitution and Congress,” the motion from Still’s attorney argued. “Thus, Mr. Still, acting as a presidential elector, was a federal officer.”

But that argument has drawn sharp rebuke from the Fulton County DA’s office, who said the individuals “falsely impersonated” real electors and do not qualify for removal.

“Defendants and his fellow fraudulent electors conspired in a scheme to impersonate true Georgia presidential electors,” the DA’s office wrote in a filing. “Their fiction is not entitled to recognition by the Court.”

“‘Contingent electors’ are not presidential electors,” the filing said, adding that “there is no prize for first runner up in the Electoral college.”

Judge Jones, in denying Meadows’ bid to move his case to federal court, said Meadows failed to show how the allegations in the indictment were related to any of his official duties as Trump’s chief of staff.

Instead, Jones said Meadows’s actions were “taken on behalf of the Trump campaign with an ultimate goal of affecting state election activities and procedures.”

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(NEW YORK) — Johnny Mims, a band director at Minor High School in Alabama, is accusing Birmingham police of using excessive force against him after he was shocked with a stun gun three times after officers say he refused to comply with orders while they attempted to clear the field.

In an interview with ABC News’ DeMarco Morgan that aired on Good Morning America on Wednesday, Mims accused police of using “excessive force” in the incident that took place on Sept. 14 and said that he feared for his life.

“I didn’t deserve to be tased. I didn’t deserve to be tased, regardless of how people say it or how people feel about it. I never deserved that. I’m a good citizen,” Mims told GMA.

“I was on the ground. So to go and tase me twice or three times … that’s excessive,” he added. “I’m a band director. I’m the bus driver. So I wasn’t I wasn’t running … I can’t go nowhere. I got students that I’m accountable for.”

The incident occurred at P.D. Jackson-Olin High School in Birmingham during “fifth quarter” — a tradition that originates at Historically Black Colleges and Universities where school bands face off, taking turns to play music after a football game comes to an end.

“It is a big cultural thing that happens amongst bands. Something that everybody looks forward to,” Mims said.

“A large proportion of our fans come just to see the bands and so it’s something that’s not uncustomary,” he added.

Mims said that bands from both schools each agreed to play three tunes during fifth quarter and during the third song is when police approached him as he stood on the podium and asked the band to vacate the stadium. Mims said that he told them they would leave after the band finished its last song.

Body camera footage released by BPD shows officers attempting to clear the stadium following the game and as they approach Mims and ask him to tell the band to stop the music, he repeatedly says, “Get out of my face.”

“Cut it! We got to go,” a sergeant says.

“I know. We’re fixing to go. This is our last song,” Mims says in response.

After an officer says something to the effect of Mims going to jail, Mims gives a thumbs up and says, “That’s cool.”

The band continues to play as officers order them to leave, and the sergeant yells to put Mims in handcuffs.

While attempting to handcuff the director after the band stopped performing, an officer can be heard saying, “I’m fixing to tase you.”

Another officer says, “He hit the officer, he got to go to jail.”

“I did not swing on the officer, man,” Mims says in response.

While attempting to detain Mims, an officer deployed his stun gun on him three times, the video shows.

Birmingham Fire and Rescue personnel treated Mims at the scene before officers transported him to a local hospital, per police protocol.

Upon being discharged, Mims was booked at the Birmingham City Jail on disorderly conduct, harassment and resisting arrest charges early Friday. He was bonded out within hours, online jail records show. Police allege Mims refused to place his hands behind his back and pushed an officer during the altercation.

Mims’ attorney, Juandalynn Givan, told GMA that her office plans to take legal action against the city of Birmingham and called for officers involved to be placed on administrative leave pending further investigation.

Asked if any of the officers have been disciplined, a spokesperson for the Birmingham Police Department’s Internal Affairs Division told ABC News on Tuesday that an investigation is ongoing.

“I want these charges dropped against my client. His reputation has been impacted. They have impugned his character,” Givan said. “We want justice for our client and we want his voice to be heard. We want him respected and we want an apology from the city of Birmingham.”

Mims told GMA that as an educator, he is concerned about the impact the experience had had on the students, including the 145 band members that he was leading.

“To hear those kids cry … [that] is the most heartbreaking thing that anybody can ever experience,” Mims said.

“My biggest prayer is that first of all, that these students will not hold a grudge that they will be able to overcome this – that they would one day be able to move forward and continue to be the great people that they are,” he added.

According to BPD, Birmingham Police Chief Scott Thurmond met with the Birmingham mayor and superintendents from both school districts regarding the incident.

Jefferson County Schools Superintendent Walter Gonsoulin told ABC News that they are reviewing the video, adding that it is “extremely upsetting to me that our students, our children, had to witness that scene.”

Consoulin said that he can’t comment further amid the ongoing investigation but added that counselors have been made available to students.

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