New twist in the tale of those escaped zebras: animal cruelty charges

New twist in the tale of those escaped zebras: animal cruelty charges
New twist in the tale of those escaped zebras: animal cruelty charges
WJLA

(WASHINGTON) — There’s a new twist in the tale of those zebras — still on the loose in Maryland since escaping two months ago.

Earlier this week, authorities filed criminal charges of animal cruelty against Jerry Lee Holly, after three of the zebras got away from his 300-acre farm back in Prince George’s County outside Washington.

The charges included depriving the zebras of “necessary sustenance,” inflicting “unnecessary suffering or pain” and a failure “to provide [a] Zebra with nutritious food in sufficient quantity, and proper shelter while said animal was in his charge and custody,” according to legal documents obtained by ABC News.

The charges come after one of the escaped zebras was found dead in a field after getting caught in an illegal snare trap, within feet of the enclosure where Holly’s 36 other zebras are held, according to the documents.

“The animal should have been seen or heard while it was dying from being caught in the snare if the caretaker had attended to the zebras in the fenced enclosure,” the court filing said.

Earlier this week, another zebra was found dead, this time within Holly’s zebra enclosure, authorities said. It had been dead long enough to develop rigor-mortis before authorities were called, the documents said.

These instances are “sufficient circumstantial evidence of neglect to warrant a criminal charge,” the filing said.

It noted that the zebras pose a threat to the community and themselves.

“The zebras at-large are a public nuisance. The animals are dangerous, and serve a risk to persons approaching them, and a risk to drivers on the public roadways. Zebras running at large are by County code declared a nuisance and dangerous to the public health, safety and welfare,” the filing said.

ABC News reached out to Holly for comment but got no immediate response.

The saga of the escaped zebras has been bewildering. Originally, five zebras were reported to have escaped, but then the number was corrected to three.

Now, after the tragic snare trap incident, the number of escaped zebras is down to two. The latest effort to capture the two remaining zebras adds yet another twist to the story.

Two zebras have been placed in a corral, which is supposed to attract the two fugitive zebras with food and companionship.

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Reward grows to $75,000 in deadly ambush of 3 Texas deputies

Reward grows to ,000 in deadly ambush of 3 Texas deputies
Reward grows to ,000 in deadly ambush of 3 Texas deputies
Houston Police

(NEW YORK) — The reward for information leading to the arrest of a gunman who investigators said ambushed and killed a Texas constable deputy and wounded his two colleagues outside a Houston sports bar has grown to $75,000.

Saying he was “frustrated and angry” over the Saturday morning attack, Houston Mayor Sylvester Turner pleaded with the public to help authorities bring the “person or persons responsible for these shootings” to justice.

“These persons are still out there, and I’m a firm believer that somebody knows or has information that can lead to their arrest and conviction,” Turner said at a news conference Wednesday afternoon.

Tilman Fertitta, the billionaire owner of the Houston Rockets NBA basketball team, joined Turner to announce that he is adding $40,000 to the reward fund. Fertitta said another $25,000 had been offered by an anonymous donor while Crime Stoppers of Houston and the 100 Club, a nonprofit city police support group, combined to put up $10,000.

“We’re going to come after you if you commit a deadly crime in this city,” said Fertitta, directing his words at the killer or killers. “You pull that gun out and you shoot somebody, you are going to spend the rest of your life in prison because we are going to catch you and we are going to do whatever it takes in this city not to be like other big cities.”

Killed in the triple shooting was deputy Kareem Atkins, 30, a married father of two children, ages 2 years and 6 months, who had just returned to work from paternity leave. Deputy Darrell Garrett, 28, was shot in the back and critically wounded, authorities said. The third deputy, Juqaim Barthen, 26, was discharged from the hospital on Wednesday after he sustained a non-life-threatening gunshot wound.

The Harris County Precinct 4 constable deputies were working an extra job around 2:15 a.m. on Saturday at the 45 Norte Sports Bar in the Independence Heights neighborhood of north Houston when they were called outside to intervene in a possible robbery in progress, according to the Houston Police Department.

Atkins and Garrett entered the parking lot and began to arrest a possible suspect when a second suspect emerged and opened fire with an AR-15 rifle, striking both, according to police. Upon hearing the gunshots, Barthen rushed to help and was shot in the foot.

The suspected gunman was described by police as a heavy-set, bearded Hispanic man in his early 20s who was wearing a white T-shirt and blue jeans.

“They were slaughtered,” Constable for Precinct 4 Mark Herman said of his deputies. “The way this happened should have never happened anywhere.”

Herman said Garrett, who’s engaged to be married, remains in critical condition and described his status as “touch and go.”

“His body is devastated,” Herman said. “He’s had three long surgeries.”

Houston Police Chief Troy Finner said investigators are pursuing leads that have come in from the public but acknowledged no suspects are in custody.

“But I stand here strong with our community members,” said Finner, whose agency has mourned four officers killed in shootings in the past 21 months. “We’re not going to stand by while somebody is murdering police officers and anybody else.”

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Winter weather outlook: California drought could worsen, what else to expect

Winter weather outlook: California drought could worsen, what else to expect
Winter weather outlook: California drought could worsen, what else to expect
ABC News

(New York) — The devastating drought in Southern California is expected to continue or worsen this winter, with drier-than-average conditions forecast for the hard-hit Southwest, including Southern California, the National Oceanic and Atmospheric Administration said Thursday in its winter weather outlook.

NOAA predicts drought conditions to continue in the Southwest, Plains and Missouri River Basin. But drought improvement is possible in Northern California, the Pacific Northwest, the upper Midwest and Hawaii, NOAA said.

Drier-than-average conditions are also forecast for the Southeast this winter. Wetter-than-average conditions are forecast in areas including the Pacific Northwest, Great Lakes and Ohio Valley, NOAA said.

NOAA predicts a warmer-than-average winter in the Southeast and much of the eastern U.S.

Temperatures may fall below average from the Pacific Northwest through the northern Plains.

But more-than-normal snow and rain is forecast for the Ohio Valley and some of the inland Northeast, from western Pennsylvania to western New York to parts of Vermont.

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COVID-19 updates: CDC panel hours away from vote on Moderna, J&J boosters

COVID-19 updates: CDC panel hours away from vote on Moderna, J&J boosters
COVID-19 updates: CDC panel hours away from vote on Moderna, J&J boosters
scaliger/iStock

(NEW YORK) — The United States has been facing a COVID-19 surge as the more contagious delta variant continues to spread.

More than 730,000 Americans have died from COVID-19 while over 4.9 million people have died from the disease worldwide, according to real-time data compiled by the Center for Systems Science and Engineering at Johns Hopkins University.

Just 66.8% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the CDC.

Here’s how the news is developing. All times Eastern:

Oct 21, 8:53 am
CDC panel hours away from vote on Moderna, J&J boosters

A CDC committee is meeting Thursday to discuss and vote on booster shots for the Moderna and Johnson & Johnson vaccines, as well as if people can mix and match their booster doses.

On Wednesday evening, the FDA authorized Moderna and J&J boosters for some people and allowed for the mixing and matching booster doses.

The next step of the process is for the CDC panel to deliberate and ultimately vote on whether to recommend those boosters, and whether to allow mixing and matching. The CDC panel vote is expected around 4:30 p.m.

After the panel vote, CDC Director Rochelle Walensky will make the final decision, likely within one day. The panel’s vote is nonbinding and the CDC is not required to follow the panel’s recommendations.

Boosting for eligible Moderna and J&J recipients would be able to start once Walensky gives the greenlight.

The FDA has made it clear that there is no preferred booster vaccine for the mixed dosage, but the CDC panel on Thursday is likely to discuss available data on what booster blend might offer the strongest immunity.

Oct 21, 1:01 am
US delivers 200M vaccine doses globally: White House

The U.S. has now donated and delivered 200 million COVID-19 vaccines globally, according to a White House official.

The figure is part of 1.1 billion doses President Joe Biden has pledged to more than 100 countries around the world.

“These 200 million COVID-19 vaccine doses have helped bring health and hope to millions of people, but our work is far from over,” Samantha Power, administrator for the U.S. Agency for International Development, which is assisting in the global vaccine effort, said in a statement. “To end the pandemic, and prevent the emergence of new variants, as well as future outbreaks within our nation’s borders, we must continue to do our part to help vaccinate the world.”

The Biden administration has received criticism for getting Americans booster shots while many around the world have yet to get one. Though the White House has insisted the U.S. can provide boosters to its citizens while funneling doses overseas — and working to increase vaccine production abroad.

Oct 20, 10:09 pm
US deaths estimated to continue to fall in weeks ahead, though thousands more lost

Forecast models used by the CDC are predicting that weekly COVID-19 death totals in the U.S. will likely continue to drop in the weeks to come, though thousands of Americans are still expected to lose their lives to the virus.

The model expects approximately 18,000 deaths to occur in the next two weeks, with a total of around 757,000 deaths recorded in the U.S. by Nov. 13.

The ensemble model estimates that 19 states and territories of the U.S. have a greater than 50% chance of having more deaths in the next two weeks compared to the past two weeks, and that four states and territories (Alaska, Nebraska, Ohio and American Samoa) have a greater than 75% chance of an increase over the next two weeks.

Oct 20, 5:21 pm
FDA authorizes booster shots for Moderna, J&J vaccines

The FDA authorized booster shots for the Moderna and Johnson & Johnson vaccines for some populations Wednesday.

Moderna’s vaccine can be administered at least six months after the second dose for people ages 65 and up and those ages 18 through 64 who either are at high risk of severe COVID-19 infection or have occupational exposure to the virus, the FDA said.

The J&J booster can be administered at least two months after the single-dose shot to those ages 18 and up, the agency said.

The FDA, which authorized Pfizer’s booster dose last month, also said it will allow people to mix booster doses.

Copyright © 2021, ABC Audio. All rights reserved.

Benton Harbor, already dealing with lead crisis, now entirely without water after main break

Benton Harbor, already dealing with lead crisis, now entirely without water after main break
Benton Harbor, already dealing with lead crisis, now entirely without water after main break
SergeyKlopotov/iStock

(BENTON HARBOR, Mich.) — A water main break in Benton Harbor, Michigan, has resulted in a city-wide loss of water pressure that has shuttered schools and upended businesses on Thursday.

The rupture in the major artery for the city’s water supply — which officials warned can allow disease-causing bacteria to enter the tap water — comes as the predominately Black community was already told not to drink the city’s water due to a crisis of toxic lead that residents have been grappling with for years.

The mounting issues afflicting Benton Harbor’s drinking water have raised allegations of environmental injustice in the town where some 45% of residents live in poverty and 85% are Black, according to most-recent Census data. It has also shined a harsh spotlight on the real-world impacts of the nation’s dilapidated infrastructure as lawmakers in the nation’s capital are mulling over the Biden administration’s “Build Back Better” infrastructure plans.

Benton Harbor Mayor Marcus Muhammad tweeted Thursday morning that the burst in the 89-year-old water main “is taking longer than expected to address.”

“The contractors are still working on getting the water level down in order to repair the water main,” Muhammad added. “Thank you for your patience and understanding. We will continue to provide you with updates.”

The water main break occurred Wednesday afternoon and resulted in a “system-wide loss of water pressure across the city,” according to a statement from the Berrien County Health Department, urging residents “not to drink the water until further notice.”

“City water customers have previously been recommended to use bottled water, and should continue to use bottled water for cooking, drinking, making ice, brushing teeth, washing dishes, rinsing foods, and mixing powdered infant formula at this time, as well as after water is restored,” the statement added. “After the water pressure is restored, residents should flush the water taps for 5 minutes before using the water for washing hands, showering or bathing.”

The statement said these precautionary actions are being taken not because of the elevated levels of lead that has already been detected in the water, but “due to the potential for bacteria to enter the water supply after a loss of water pressure.”

County officials did not say what caused the break.

Free bottled water is being made available to Benton Harbor residents. Muhammad said in a second tweet Thursday that a YMCA in the area was offering its facilities to residents for showers.

Meanwhile, the Benton Harbor Area Schools Superintendent Andraé Townsel said in a letter to parents and caretakers posted on the school system’s website that six local schools will not have class on Thursday due to the water main break. He added that they anticipate school resuming on Friday.

The latest crisis comes just days after Michigan Gov. Gretchen Whitmer visited Benton Harbor, and issued a new call for the state legislature to provide an additional $11.4 million investment needed to help expedite the replacement of lead pipes and service lines in the city.

Elevated levels of lead have been detected in the Benton Harbor’s water system since at least 2018, according to a Natural Resources Defense Council petition filed last month to the Environmental Protection Agency on behalf of local advocacy groups and residents.

Residents continue to live with “significant and dangerous levels of lead contamination three years after the contamination was first discovered with no immediate solution in sight,” the petition states, calling it an “environmental justice” issue.

Frustration among residents has mounted in recent months, in part due to what they see as delayed responses from the state and local government.

“Three years of this is ridiculous,” Rev. Edward Pinkney, a local faith leader told the local news outlet MLive, after a water handout organized by the state’s department of health ran out of water bottles 30 minutes after it was supposed to start earlier this month. Rev. Pinkney said he and his grassroots organization have been passing out 2,000 cases of water per month on their own dime since 2019.

Copyright © 2021, ABC Audio. All rights reserved.

Ghislaine Maxwell’s attorneys to seek private screenings of potential jurors

Ghislaine Maxwell’s attorneys to seek private screenings of potential jurors
Ghislaine Maxwell’s attorneys to seek private screenings of potential jurors
Michał Chodyra/iStock

(NEW YORK) — Attorneys for Ghislaine Maxwell, the alleged accomplice of deceased sex offender Jeffrey Epstein, are set to appear before a federal judge Thursday afternoon to argue that prospective jurors for her criminal trial should be questioned individually and privately to ensure she receives a fair trial by an “open-minded jury.”

The extraordinary measures are necessary, Maxwell’s lawyers contend, to effectively screen for potential bias and for exposure to a “tsunami” of publicity about the high-profile sex-trafficking case.

“This case amplifies the likelihood that jurors will be more apprehensive and constrained to respond openly and honestly in open court within earshot of other jurors, members of the public, and the media,” Maxwell attorney Bobbi Sternheim wrote in a court filing last week.

The proposal from Maxwell’s defense team, which federal prosecutors oppose, would be a departure from typical procedure in the Manhattan federal court where her trial is scheduled. In most instances, a judge conducts screenings of groups of prospective jurors in open court after consulting with prosecutors and defense counsel about the questions to be posed.

In a court filing last week, prosecutors contended that Maxwell had presented “no persuasive reason” to depart from the “well-established practice.”

“The Court should ask most questions in open court and ask sensitive questions, such as those that relate to sexual abuse and media exposure, at sidebar,” wrote Assistant U.S. Attorney Alison Moe.

But Maxwell’s lawyers argue those conventional procedures are “inadequate” to ferret out potential bias and prejudice because of the sensitive nature of the charges and the “intense negative media coverage” about Maxwell and Epstein “in every conceivable form.”

“The negative publicity has been so pervasive, vitriolic, and extreme that Ms. Maxwell has been demonized in the press,” Sternheim wrote.

Private and individual questioning “would encourage potential jurors to answer questions more completely and honestly because the jurors would not be influenced by (or influence) the answers given by fellow jurors or fear embarrassment in giving an honest response,” Sternheim added.

Maxwell’s defense team also is asking the court to permit her lawyers and prosecutors to question each potential juror individually for up to three minutes after the court concludes its inquiries.

Late Wednesday, the Reporters Committee for Freedom of the Press and a coalition of 17 media organizations registered objections to the proposed secrecy surrounding the jury selection process, known as “voir dire.”

“Voir dire is a critical stage of criminal proceedings, and the public interest in favor of access to voir dire is correspondingly weighty,” RCFP attorney Katie Townsend wrote in a letter to U.S. District Judge Alison Nathan, who’s overseeing Maxwell’s case.

The media coalition, which includes ABC News, argued that a proposed jury questionnaire that was filed under seal last week by Maxwell’s attorneys — without government objection — should be made part of the public record. Maxwell’s lawyers contend the documents should remain sealed “to avoid media coverage that may prejudice the jury selection process.”

“Such conclusory speculation cannot overcome the deeply rooted presumption of openness applicable to voir dire,” Townsend argued. “The defense’s request to seal provides the Court with no basis on which to make the specific factual findings required to conceal voir dire, including the parties’ joint juror questionnaire, from the public.”

Maxwell, 59, has pleaded not guilty to charges that she “assisted, facilitated and contributed” to Epstein’s abuse of four minor girls from 1994 to 2004. Prosecutors allege Maxwell befriended the young girls and helped to put them at ease, knowing that they would eventually be sexually abused by Epstein.

Maxwell’s lawyers have argued in court filings that federal prosecutors pursued charges against her as a “substitute” for Epstein, who died by suicide in a New York federal jail in 2019 while awaiting trial on sex trafficking charges.

Jury selection is set to begin in Maxwell’s case on Nov. 15, with the trial scheduled to open two weeks later.

Copyright © 2021, ABC Audio. All rights reserved.

COVID-19 updates: FDA authorizes ‘mix and match’ booster shots

COVID-19 updates: CDC panel hours away from vote on Moderna, J&J boosters
COVID-19 updates: CDC panel hours away from vote on Moderna, J&J boosters
scaliger/iStock

(NEW YORK) — The United States has been facing a COVID-19 surge as the more contagious delta variant continues to spread.

More than 730,000 Americans have died from COVID-19 while over 4.9 million people have died from the disease worldwide, according to real-time data compiled by the Center for Systems Science and Engineering at Johns Hopkins University.

Just 66.8% of Americans ages 12 and up are fully vaccinated against COVID-19, according to data from the CDC.

Here’s how the news is developing. All times Eastern:

Oct 21, 1:01 am
US delivers 200M vaccine doses globally: White House

The U.S. has now donated and delivered 200 million COVID-19 vaccines globally, according to a White House official.

The figure is part of 1.1 billion doses President Joe Biden has pledged to more than 100 countries around the world.

“These 200 million COVID-19 vaccine doses have helped bring health and hope to millions of people, but our work is far from over,” Samantha Power, administrator for the U.S. Agency for International Development, which is assisting in the global vaccine effort, said in a statement. “To end the pandemic, and prevent the emergence of new variants, as well as future outbreaks within our nation’s borders, we must continue to do our part to help vaccinate the world.”

The Biden administration has received criticism for getting Americans booster shots while many around the world have yet to get one. Though the White House has insisted the U.S. can provide boosters to its citizens while funneling doses overseas — and working to increase vaccine production abroad.

Oct 20, 10:09 pm
US deaths estimated to continue to fall in weeks ahead, though thousands more lost

Forecast models used by the CDC are predicting that weekly COVID-19 death totals in the U.S. will likely continue to drop in the weeks to come, though thousands of Americans are still expected to lose their lives to the virus.

The model expects approximately 18,000 deaths to occur in the next two weeks, with a total of around 757,000 deaths recorded in the U.S. by Nov. 13.

The ensemble model estimates that 19 states and territories of the U.S. have a greater than 50% chance of having more deaths in the next two weeks compared to the past two weeks, and that four states and territories (Alaska, Nebraska, Ohio and American Samoa) have a greater than 75% chance of an increase over the next two weeks.

Oct 20, 5:21 pm
FDA authorizes booster shots for Moderna, J&J vaccines

The FDA authorized booster shots for the Moderna and Johnson & Johnson vaccines for some populations Wednesday.

Moderna’s vaccine can be administered at least six months after the second dose for people ages 65 and up and those ages 18 through 64 who either are at high risk of severe COVID-19 infection or have occupational exposure to the virus, the FDA said.

The J&J booster can be administered at least two months after the single-dose shot to those ages 18 and up, the agency said.

The FDA, which authorized Pfizer’s booster dose last month, also said it will allow people to mix booster doses.

Copyright © 2021, ABC Audio. All rights reserved.

Brian Laundrie search live updates: Apparent human remains found, not ID’d

Brian Laundrie search live updates: Apparent human remains found, not ID’d
Brian Laundrie search live updates: Apparent human remains found, not ID’d
vmargineanu/iStock

(NEW YORK) — A massive search is continuing in Florida for Brian Laundrie, the boyfriend of Gabby Petito, the 22-year-old woman who went missing on a cross-country trip and who authorities confirmed as the body discovered strangled to death in Wyoming last month.

The search for the 23-year-old Laundrie is centered around North Port, Florida, where investigators said Laundrie returned to his home on Sept. 1 without Petito but driving her 2012 Ford Transit.

Laundrie has been named by police as a “person of interest” in Petito’s disappearance. Laundrie has refused to speak to the police and has not been seen since Sept. 14, according to law enforcement officials.

The search for Laundrie is the latest twist in the case that has grabbed national attention as he and Petito had been traveling across the country since June, documenting the trip on social media. Petito’s parents reported her missing on Sept. 11 after not hearing from her for two weeks.

Here are the latest developments. All times Eastern:

Oct 20, 6:06 pm
Laundrie family attorney reacts to discovery of apparent human remains

Steven Bertolino, the family attorney for the Laundrie family, spoke with New York ABC station WABC Wednesday evening after law enforcement found human remains and items belonging to the fugitive at a Florida park.

The attorney said the area where investigators found Brian’s belongings was shown to police two weeks ago when Laundrie’s father, Chris, aided in the search.

“I can’t say for certain that Chris showed this particular area to police at that point in time, but I can say that this is an area that we initially notified the FBI that Brian liked hiking,” Bertolino said.

The attorney said the family is waiting for a proper identification before making any comments.

“As you can imagine, the parents are very distraught. … At this moment in time they’re grieving,” he said.

Oct 20, 4:42 pm
Police find apparent human remains, personal items belonging to Laundrie

Police have recovered apparent human remains that have not been identified in the search for Brian Laundrie, the FBI said Wednesday.

Authorities also found items belonging to Laundrie, like a backpack and notebook, officials said.

FBI Special Agent in Charge Michael McPherson said the area where the items were found had previously been underwater. McPherson said a team would be on site for several days processing the scene.

Oct 20, 2:55 pm
Remains found at park, not clear if human

A law enforcement source told ABC News remains were found at a Florida environmental park. The source said investigators are working to determine whether the remains are human and whether the remains and other discovered articles are linked to Laundrie.

Oct 20, 2:19 pm
FBI confirms ‘items of interest’ found

The FBI said “items of interest” in connection to the search for Laundrie were found at the Carlton Reserve Wednesday morning and an evidence response team is processing the scene.

Copyright © 2021, ABC Audio. All rights reserved.

Parents of 6-year-old girl who died on amusement park ride file wrongful death lawsuit

Parents of 6-year-old girl who died on amusement park ride file wrongful death lawsuit
Parents of 6-year-old girl who died on amusement park ride file wrongful death lawsuit
Estifanos family

(GLENWOOD SPRINGS, Colo.) — The parents of a 6-year-old girl who died on a ride at a Colorado amusement park last month have filed a wrongful death suit against the operator after a state investigation found she wasn’t strapped into her seat before the ride plunged 110 feet.

Wongel Estifanos was visiting Glenwood Caverns Adventure Park, located atop Iron Mountain in Glenwood Springs, with her family on Sept. 5 when she went on the Haunted Mine Drop ride, a free-fall drop down a pitch-black shaft.

Her uncle took Wongel, two of his children, his wife and another relative onto the ride, according to a complaint filed Wednesday in Denver County District Court.

“Wongel’s uncle specifically observed the ride operators interacting with Wongel, and he trusted that they were properly securing Wongel on the ride,” the complaint stated.

After they dropped 110 feet down the shaft, her uncle “checked to see whether Wongel had enjoyed the ride” and was “stricken with terror to see that Wongel was not in her seat” but at the bottom of the shaft, according to the complaint.

The family “screamed in horror” as they were pulled back to the top of the shaft, the complaint stated.

“Wongel had fallen to her death, suffering numerous fractures, brain injuries and internal and external lacerations,” according to the complaint.

In a report released last month, the Colorado Division of Oil and Public Safety determined that the two ride operators failed to buckle her seatbelts, as required, even after a monitor alerted them to a seatbelt safety issue. “Multiple operator errors” and “inadequate training” contributed to the fatal accident, the report stated.

The complaint from Wongel’s family extensively cited the findings of the report, charging that Glenwood Caverns Adventure Park “breached its duty by recklessly failing to properly supervise and train its operators on safety procedures of the Haunted Mine Drop ride.”

The complaint also alleged that the amusement park was aware of at least two prior incidents in 2018 and 2019 in which ” angry and terrified customers” on the Haunted Mine Drop weren’t strapped into their seatbelts until repeatedly telling the ride operators.

The family is seeking unspecified monetary damages as well as a jury trial and “post-trial finding that the acts causing the death of Wongel Estifanos constitute a felonious killing.”

“Their mission is to protect other families by holding all who are responsible for the killing of their daughter fully accountable, and by sending a loud and clear message to the entire amusement park industry,” attorney Dan Caplis said in a statement on behalf of the Estifanos family.

Glenwood Caverns Adventure Park declined to comment to ABC News on the lawsuit. “Our hearts go out to the Estifanos family and those impacted by their loss,” it said in a statement.

Following the release of the state’s investigation, the amusement park’s founder, Steve Beckley, said in a statement, “Safety is, and always has been, our top priority.”

“We have been working closely with the Colorado Division of Oil and Public Safety and independent safety experts to review this incident,” he said, noting that the amusement park will review the report “carefully for recommendations.”

“More than anything, we want the Estifanos family to know how deeply sorry we are for their loss and how committed we are to making sure it never happens again,” he added.
 

Copyright © 2021, ABC Audio. All rights reserved.

Unarmed man shot 8 times by police files $26 million lawsuit

Unarmed man shot 8 times by police files  million lawsuit
Unarmed man shot 8 times by police files  million lawsuit
The Cochran Firm

(NEW YORK) — Isiah Brown, who was shot eight times by police earlier this year in Virginia, is filing a lawsuit for $26.35 million against two officers involved in the shooting.

On April 21, Brown was on the street near his mother’s home, speaking to a 911 dispatcher on the phone when Spotsylvania County Sheriff’s Deputy David Turbyfill drove up, exited his car and shot Brown several times, according to the lawsuit.

Earlier that night, at the home, a disagreement ensued, 911 was called and Turbyfill was dispatched to address the dispute, the lawsuit states.

In a portion of the 911 call released by police, Turbyfill seems to have thought that Brown had a gun. The officer is heard yelling at Brown to drop a gun on the recording. Brown was unarmed, according to the Virginia State Police, which investigated the incident.

Brown’s attorney states that his client was holding a phone at the time of the shooting and obeyed all police and dispatcher commands. In a statement, Sheriff Roger Harris said that he then ordered the deputy to begin providing first aid, and later contacted the Virginia State Police Bureau of Criminal to investigate the incident.

“Today we filed a lawsuit in federal court on behalf of Isiah Brown against Spotsylvania County Police Chief Roger Harris and Deputy David Turbyfill for their roles in the totally unnecessary shooting incident involving Mr. Brown that occurred April 21,” said Brown’s attorney David Haynes of The Cochran Firm in a statement to ABC News.

The lawsuit states that Turbyfill was negligent, committed battery and used excessive force during the incident. Turbyfill’s lawyer, Mark Bong, declined ABC News’ request for comment on the lawsuit.

Turbyfill was also charged with felony reckless handling of a firearm, according to a special grand jury indictment in July. Turbyfill had been placed on administrative duties since the shooting, according to a past statement from the Spotsylvania Sheriff’s office.

The county sheriff is also listed as a defendant in the lawsuit, and is stated to have responsibility for the actions by directing and supervising Turbyfill’s deputies.

Haynes said that the shooting caused life-altering injuries for Brown, which will “leave him with permanent damage for the rest of his life.”

“Isiah Brown’s life will never be the same after his tragic encounter with David Turbyfill,” Haynes said. “Our hope is that this lawsuit will provide a measure of justice for Mr. Brown and force the Spotsylvania Police Department to enhance their training and update their policies and procedures so that this never happens to another person.”

The Spotsylvania County Sheriff’s Office did not immediately respond to requests for comment.

ABC News’ Sabina Ghebremedhin contributed to this report.

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