(SANTA FE, N.M.) — Alec Baldwin’s defense attorneys on Tuesday withdrew their motion challenging the gun enhancement charges that prosecutors in New Mexico dropped from the criminal charges but not without a few pointed words for their adversaries.
The Santa Fe District Attorney’s Office announced Monday it is dropping the gun enhancement charge — a crime that would have carried a five-year sentence if convicted — against Baldwin in the fatal shooting of cinematographer Halyna Hutchins on the set of “Rust” in October 2021.
The defense notice to withdraw took aim at the special prosecutor’s characterization of Baldwin’s counsel as “fancy lawyers” who were attempting to “distract” from the case.
“Members of the prosecution team had amplified the error in the Original Information by repeatedly giving interviews on national television in which they erroneously claimed that the enhancement was not only applicable to Mr. Baldwin, but mandatory, and that Mr. Baldwin was facing an additional five years in prison as a result,” defense attorney Luke Nikas said.
Nikas included a series of emails from special prosecutor Andrea Reeb, one of which accused the defense of failing to follow proper procedures and threatened to pursue sanctions. A subsequent email backtracked.
“I 100 percent agree with your assessment on the issue. I will have our documents drafted to amend the criminal information to take off the firearm enhancement and file something withdrawing the firearm enhancement,” the email, dated Feb. 12, said.
More than a week later, Feb. 20, Reeb filed the amended charging document that dropped the enhancement.
Baldwin still faces a charge of involuntary manslaughter for the shooting, however, that crime would carry a lesser sentence of 18 months if convicted.
His first court appearance, virtual, is scheduled for Friday.
ABC News’ Mark Osbourne contributed to this report.
Susan Watts/New York Daily News/Tribune News Service via Getty Images
(NEW YORK) — The family of Malcolm X announced Tuesday they intend to file a $100 million wrongful death lawsuit against U.S. government agencies and the NYPD for allegedly concealing evidence related to the assassination of the civil rights leader, who was shot and killed while speaking at the Audubon Ballroom in New York City on Feb. 21, 1965.
Two of Malcom X’s daughters, along with their attorneys Ben Crump and Ray Hamlin, spoke out at a press conference at The Malcolm X & Dr. Betty Shabazz Memorial and Educational Center in New York City on Tuesday, nearly six decades after their father’s death.
Ilyasah Shabazz, Malcolm X’s daughter, said that the family is seeking “justice” for a man “who gave his life for human rights.”
“For years our family has fought for the truth to come to light concerning his murder, and we’d like our father to receive the justice that he deserves,” she said. “The truth about the circumstances leading to the death of our father is important – not only to his family, but to many followers, many admirers … And it is our hope that litigation of this case will finally provide some unanswered questions. We want justice served for our father.”
Crump said that the lawsuit will name the city of New York, the state of New York, the FBI and the CIA as defendants.
“If the government compensated the two gentlemen that were wrongfully convicted for the assassination of Malcolm X with tens of millions of dollars, then what is to be the compensation for the daughters who suffered the most from the assassination of Malcolm X?” Crump said.
The NYPD and the FBI declined to comment on pending litigation in response to requests from ABC News. ABC News reached out to the FBI, CIA, the state of New York and the City of New York, but requests for comment were not immediately returned.
Muhammad Abdul Aziz and Khalil Islam – the two men who were exonerated in the 1965 assassination of Malcolm X – received a $36 million settlement in Oct. 2022 after lawsuits were filed on their behalf in 2021 against both the city and the state of New York.
New York City agreed to pay $26 million in settling a lawsuit filed on behalf of Aziz and also Islam, who was exonerated posthumously in the killing. Meanwhile, the state of New York also agreed to pay an additional $10 million.
A New York City Law Department spokesman told ABC News in Oct. 2022 that the settlement “brings some measure of justice to individuals who spent decades in prison and bore the stigma of being falsely accused of murdering an iconic figure.”
“Based on our review, this office stands by the opinion of former Manhattan District Attorney Cy Vance who stated, based on his investigation, that ‘there is one ultimate conclusion: Mr. Aziz and Mr. Islam were wrongfully convicted of this crime,'” he added.
The lawsuits came after Vance, the former district attorney, moved to vacate the convictions of Aziz and Islam in Nov. 2021 after an investigation found “newly discovered evidence and the failure to disclose exculpatory evidence.”
The two-year probe, which was launched by Vance, attorneys David Shanies and Deb Francois and the Innocence Project, also found that the FBI failed to disclose documents that cast doubt on the involvement of Aziz and Islam in Malcolm X’s murder.
Vance criticized the way law enforcement handled the case and said the investigation revealed that certain witnesses, acting under orders from then-FBI Director J. Edgar Hoover, were instructed not to reveal they were FBI informants.
Vance apologized last year on behalf of law enforcement for “serious, unacceptable violations of law and the public trust.”
ABC News’ Aaron Katersky and Nakylah Carter contributed to this report.
(MEDLEY, Fla.) — Two people have died and three others were injured following an explosion in Florida, authorities said on Tuesday.
The Miami-Dade Fire Rescue Medley Police Department responded to reports of an explosion at 11350 Northwest South River Drive in Medley, Florida, at 8:42 a.m., the Miami-Dade Police Department said in a news release.
Upon arriving at the scene, firefighters discovered multiple people were on fire, according to a Miami-Dade Fire Rescue spokesperson.
Two people were pronounced dead at the scene and three people were hurt in the fire, Miami-Dade Police Department said. Two were critically injured and were sent to Ryder Trauma Center at Jackson Memorial Hospital, according to police.
The explosion and fire happened at a welding company in Medley, according to ABC News Miami affiliate WPLG.
The Miami-Dade Police Department Homicide Bureau and its arson unit are investigating the incident, authorities said.
The incident comes a day after one person was killed and multiple others were injured in a fiery explosion at a manufacturing plant in Ohio.
Steven Mullins, a 46-year-old man from North Ridgeville, Ohio, was found dead at the scene on Monday, said Christopher Harris, external affairs manager of the Cuyahoga County Medical Examiner’s Office.
There were “multiple burn victims” from inside the plant taken to the hospital, Bedford Heights Police Department Sgt. Robert Majer told ABC News.
(NASHVILLE, TN) — Officials at Vanderbilt University are apologizing to students outraged that the university used ChatGPT to craft a consoling email after the mass shooting at Michigan State University.
Last Thursday, administrators at Vanderbilt’s Peabody College of Education and Human Development sent an email to students and staff that noted, in small print at the bottom, that the message was a “paraphrase from OpenAI’s ChatGPT AI language model, personal communication.”
The email stressed the importance of “a safe and inclusive environment for all” and encouraged members of the college to “come together as a community,” and was written in clear, understandable prose.
However, unlike a statement the day prior by the university’s vice provost, which seemed to use more personal language than the Peabody message, the Peabody email lacked a list of campus resources students could access to help them process their emotions.
Laith Kayat, a senior whose sister attends Michigan State, called the use of ChatGPT “disgusting.”
“There is a sick and twisted irony to making a computer write your message about community and togetherness because you can’t be bothered to reflect on it yourself,” Kayat told the Vanderbilt Hustler, the school’s student paper, who first reported the Peabody College’s use of AI.
According to the newspaper, Nicole Joseph, Peabody’s associate dean for equity, diversity and inclusion, sent a follow-up email apologizing.
“While we believe in the message and inclusivity expressed in the email, using ChatGPT to generate communications on behalf of our community in a time of sorrow and in response to a tragedy contradicts the values that characterize Peabody College,” Joseph wrote, according to the Hustler.
Joseph did not respond to ABC News about how much of the email was “paraphrased” by a human and how much reflected ChatGPT’s first draft.
Camilla Benbow, Dean of the Peabody College, said in a statement that she was unaware of the email before it was sent and said she is investigating what led up to its release.
“I offer my heartfelt apologies to all those who deserved better from us and did not receive it,” she said.
Joseph and Assistant Dean Hasina Mohyuddin will step back from their responsibilities with the EDI office as the university investigates, Benbow said in the statement.
A Vanderbilt spokeswoman directed ABC News to Benbow’s statement and did not answer questions about how often university representatives use ChatGPT in official communication.
(VIRGINIA BEACH, VA) — Some students in Virginia are protesting a proposed transgender policy from the Virginia Department of Education.
At a Virginia Beach school board meeting last week, roughly 20 students spoke out about their personal experiences, as well as the experiences of their peers, and how they would be impacted by the new policy.
The policy would ban trans students from using the bathroom that aligns with their gender identity and would require parents to approve name or pronoun changes. Parents would also be “fully informed” by school personnel of a child’s well-being, including their “health, and social and psychological development,” according to the policy details.
The Virginia Department of Education said in a statement that these model policies, “support positive and safe learning environments for all students while respecting the rights and values of parents.”
Some critical of the policy accuse it of being discriminatory against transgender students and threatening their safety and well-being at school and at home, where their gender identity may not be known or accepted.
One nonbinary student named Joey, whose preferred pronouns are “they/them,” said they told their coming out story to the school board to help convince them to vote against the new policies.
“[Joey] isn’t the name I was born with or even started high school with but it’s who I am,” said Joey. “I realized that I’m extremely lucky because I had multiple friends, teachers and staff who showed me how easy it was to accept me as me.”
Joey said the new policies would ruin that safety for other transgender and nonbinary students.
“These new model policies would rip that safety and stability away from me along with hundreds of other students,” Joey said. “I know it’s really hard to understand, but I need you guys to understand the anxiety I feel every time I walk into class and see that there’s a substitute teacher, and I don’t know what name they’re gonna say.”
Another student named AJ applauded the old policies and denounced the new ones.
“I would have never fathomed being able to come out and speak in front of all of you without the support of teachers and peers within my school, as well as the support and safety that the 2021 policies have allowed me to have. The 2022 model policies however, send me and other gender diverse students a strong message of hate and rejection,” AJ said at the board hearing.
“So many people within my school have allowed me to realize that it is not only okay for me to be myself, but it is a cause for celebration,” AJ added.
Students also highlighted research that shows that transgender and nonbinary students are already more likely to face bullying, mental health issues and suicidal ideations due to discrimination based on their identities, according to a study from the Centers for Disease Control and Prevention as well as other studies.
Virginia Beach’s Deaprtment of Education said it is currently reviewing public comments on the policies before being finalized by the superintendent of public instruction.
US Environmental Protection Agency / Handout/Anadolu Agency/ Getty Images
(EAST PALESTINE, Ohio) — Norfolk Southern Railway, the operator of the train that derailed in East Palestine, said in a statement Monday that 15,000 pounds of contaminated soil, equal to seven-and-a-half tons, and 1.5 million gallons of contaminated water have been excavated.
It comes more than two weeks after the accident, which raised significant concerns after it was discovered that several cars were carrying dangerous materials on board.
Some of those materials, including vinyl chloride, ethyl acrylate and isobutylene, are considered to be very toxic — possibly carcinogenic — and could be unsafe for both residents and the environment.
The company, however, did not say which chemicals were found in either the soil or the water.
Some of those materials, including vinyl chloride, ethyl acrylate and isobutylene, are considered to be very toxic — possibly carcinogenic — and could be unsafe for both residents and the environment.
The company, however, did not say which chemicals were found in either the soil or the water.
Norfolk Southern said the material “will be transported to landfills and disposal facilities that are designed to accept it safely in accordance with state and federal regulations.”
Meanwhile, a series of pumps are rerouting Sulpher Run, a 3.5-mile stream, around the derailment site. The affected portions of the stream have been dammed to protect the downstream water, according to the company.
“Environmental teams” are treating the impacted portions with booms, aeration and carbon filtration units and working with experts on soil and groundwater collection, Norfolk Southern said.
The excavation teams are reportedly working with stream experts to cultivate a plan in case stream banks or sediment remain contaminated.
Additionally, Norfolk Southern said the “majority” of the hazardous rail cars have been decontaminated and those cars are being held onsite so that the National Transportation Safety Board can proceed with its investigation, after which the cars will be scrapped and moved for disposal.
On Monday, the Environmental Protection Agency said it intends to compel Norfolk Southern to pay for all cleaning if it fails to complete any actions the agency deems necessary.
The Norfolk Southern train derailment has upended the lives of East Palestine families, and EPA’s order will ensure the company is held accountable for jeopardizing the health and safety of this community,” EPA Administrator Michael Regan said in a statement. “Let me be clear: Norfolk Southern will pay for cleaning up the mess they created and for the trauma they’ve inflicted on this community.”
The company also boasted that its financial assistance to the East Palestine community has “surpassed serving more than 2,200 families.”
“Since establishing the FAC Feb. 4, the company has made more than $3.4 million in direct payments to citizens impacted by the incident,” the company said.
Norfolk Southern also announced it is designating one of its local railroaders who lives in East Palestine a “dedicated community liaison” for the ongoing recovery efforts.
This “liaison” gig is a one-year assignment, the company said — with a $1 million budget.
“I want residents of East Palestine to know that Norfolk Southern will be in their community to help for as long as needed,” Norfolk Southern CEO Alan Shaw said in a statement Monday night. “Our new community liaison is a Norfolk Southern employee and resident of East Palestine. He will be an advocate for the community with a direct line to me and our senior leadership team.”
The company also repeatedly touted its financial commitment so far to East Palestine, which stands at more than $5.6 million.
Aside from the $1 million for the community liaison, there is $3.4 million in direct financial assistance to families; $1 million for a community assistance fund and $220,000 reimbursement to fund new equipment for first responders.
The news comes as a medical clinic in East Palestine opens on Tuesday to address health concerns and questions raised by residents.
At the clinic, residents will be able to receive a health assessment to see if they are suffering from exposure symptoms. If needed, clinicians will make referrals for patients. The clinic will open at noon on Tuesday and remain open every day through Saturday.
(DETROIT, MI) — Arielle Anderson, a 19-year-old Michigan State University student gunned down on campus, dreamed of becoming a surgeon.
She even planned to graduate early to get a head start on her career, Michigan Gov. Gretchen Whitmer said at her funeral Tuesday.
But “her future was robbed from her by a senseless act of violence,” the governor said at the service at Zion Hope Missionary Baptist Church in Detroit.
Anderson was one of three students shot and killed on Feb. 13. Five others were injured. The suspected gunman was later found dead from a self-inflicted gunshot wound.
“While her life was cut short in the cruelest of ways, her impact is undeniable as I look around this church, as I listen to stories,” Whitmer said.
The teenager who loved photography and her family had “wisdom beyond her years,” the governor said.
Whitmer said Anderson had a “quiet confidence” and was known for her “loud compassion.”
In middle school, Anderson “led by example” and “was an advocate of making sure everyone belonged,” Roy Bishop Jr., deputy superintendent of Educational Services for Grosse Pointe Public Schools, said at the service. Two of the three victims of the shooting, including Anderson, were from Grosse Point.
Bishop called her drive and compassion inspirational.
In eighth grade mock elections, Anderson was voted most likely to succeed, and Bishop said “she would go on to do just that.”
When Anderson headed to high school, she announced she’d become a doctor, Bishop said.
In a college recommendation letter, Bishop said one of Anderson’s teachers described her as “hard-working, dedicated, talented and driven,” as well as “compassionate, thoughtful and mature.”
“She embraced her middle name, Diamond,” Bishop said. “She shined so bright for everyone to see.”
“Arielle’s life, her impact, her mere presence, has changed the world for the better,” Bishop said.
The 19-year-old is survived by her mother, father, grandparents, siblings and a great-grandmother.
Anderson was very close with her mom and had a special bond with her aunt, who has special needs and is nonverbal, her family said.
(WASHINGTON) — The Mormon Church agreed Tuesday to pay $5 million to settle charges involving disclosure failures and misstated regulatory filings.
The Church of Jesus Christ of Latter-day Saints and its investment management company, Ensign Peak Advisers, failed for 20 years to file forms that would have disclosed the church’s equity investments and, instead, filed forms for shell companies that obscured the church’s portfolio, according to the Securities and Exchange Commission.
Ensign Peak agreed to pay $4 million and the church itself will pay $1 million to settle the charges.
“We allege that the LDS Church’s investment manager, with the Church’s knowledge, went to great lengths to avoid disclosing the Church’s investments, depriving the Commission and the investing public of accurate market information,” said Gurbir Grewal, director of the SEC enforcement division. “The requirement to file timely and accurate information on Forms 13F applies to all institutional investment managers, including non-profit and charitable organizations.”
The church was concerned the disclosure of a portfolio that grew to $32 billion would lead to negative consequences so it consented to the creation of more than a dozen shell companies to cover its investments, according to the SEC.
“To address this issue, on March 21, 2005, the senior leadership of the Church approved a new reporting entity to be created with ‘better care being taken to ensure that neither the ‘Street’ nor the media [could] connect the new entity to Ensign Peak,'” the SEC order said.
It continued, “The senior leadership of the Church approved Ensign Peak’s recommendation to ‘gradually and carefully adapt Ensign Peak’s corporate structure to strengthen the portfolio’s confidentiality.'”
Through the use of this approach for almost 20 years, Ensign Peak’s significant role in the securities markets as an institutional investment manager was not disclosed to the SEC, the markets and the investing public, the SEC said.
(PHILADELPHIA) — An 18-year-old “tussled” with Temple University police officer Christopher Fitzgerald before the teenager allegedly gunned down the officer and fled in a stolen car, according to Philadelphia authorities.
The shooting unfolded on Saturday evening, after Fitzgerald saw three men in masks in an area where there have been a series of robberies and carjackings, Philadelphia Police Homicide Unit Staff Inspector Ernest Ransom said. Fitzgerald was alone at the time, according to the university.
When Fitzgerald tried to conduct a “pedestrian investigation,” the three men fled on foot, and Fitzgerald radioed to say he was chasing them, Ransom said at a news conference Tuesday.
Fitzgerald caught up with one of the men, 18-year-old Miles Pfeffer, Ransom said. Fitzgerald told Pfeffer to “go to the ground,” and video showed the two “tussle,” according to Ransom.
Pfeffer allegedly pulled out a gun and shot the officer, Ransom said. After Fitzgerald fell to the ground, the gunman fired several more shots, Ransom said.
The suspect tried to take Fitzgerald’s handgun, Ransom said. After he was unsuccessful, he ran away and allegedly carjacked a driver, telling the victim, “Gimme the car or I will kill you,” Ransom said.
A police corporal who heard Fitzgerald’s radio call and heard the gunshots saw two young men fleeing the area, Ransom said. She ordered those young men, a 16-year-old and a 17-year-old, to stop, and they were detained and interviewed, Ransom said. Interviews from the 16-year-old and 17-year-old — who did not have guns on them — led authorities to Pfeffer, police said.
On Sunday, Pfeffer was arrested on charges including murder and robbery, Philadelphia District Attorney Larry Krasner said.
Fitzgerald, a father of five, was fatally shot in the face and upper torso.
He is the first Temple officer to be killed in the line of duty.
Fitzgerald joined Temple’s police department in October 2021, according to Jennifer Griffin, Temple University’s director of public safety.
Through tears, Griffin said Tuesday, “His father, a former Philadelphia police commander and current chief, has shared that he was proud to be a police officer, but that he was exceptionally proud and loved being a Temple University police officer.”
“There are no words to express how heartbroken we are,” Philadelphia Mayor Jim Kenney said. “I’m outraged by this and every senseless act of violence.”
(OAKWOOD, Ohio) — One person was killed and multiple others were injured in a fiery explosion at a manufacturing plant in Ohio, according to a local official.
Steven Mullins, a 46-year-old man from North Ridgeville, Ohio, was found dead at the scene, said Christopher Harris, external affairs manager of the Cuyahoga County Medical Examiner’s Office.
The Monday afternoon explosion took place at I. Schumann & Co., which manufactures brass and bronze alloy, in Oakwood, Ohio, according to Cleveland ABC affiliate WEWS-TV.
Firefighters were able to get the blaze under control.
There were “multiple burn victims” from inside the plant taken to the hospital, Bedford Heights Police Department Sgt. Robert Majer told ABC News.
WEWS initially reported that 14 people were injured, including one critically.
