(WASHINGTON) — A federal grand jury has subpoenaed former Trump White House counsel Pat Cipollone in its investigation into the Jan. 6 assault on the U.S. Capitol and efforts to overturn the 2020 election, sources with direct knowledge of the matter told ABC News.
The sources told ABC News that attorneys for Cipollone — like they did with the House select committee investigating the Jan. 6 attack on the Capitol — are expected to engage in negotiations around any appearance, while weighing concerns regarding potential claims of executive privilege.
The move to subpoena Cipollone signals an even more dramatic escalation in the Justice Department’s investigation of the Jan. 6 attack than previously known, following appearances by senior members of former Vice President Mike Pence’s staff before the grand jury two weeks ago.
Officials with the Justice Department declined to comment when contacted by ABC News.
A representative for Cipollone could not be reached for comment.
Last month, Cipollone spoke to the House Jan. 6 select committee for a lengthy closed-door interview, portions of which have been shown during two of the committee’s most recent public hearings.
Cipollone spoke to the committee on a number of topics, including how he wanted then-President Donald Trump to do more to quell the riot on the day of the attack, and how Cabinet secretaries contemplated convening a meeting to discuss Trump’s decision-making in the wake of the insurrection.
In videotaped testimony before the Jan. 6 committee, Cipollone made it clear that he wanted Trump to intervene sooner while the attack was underway.
“I was pretty clear there needed to be an immediate and forceful response, statement, public statement, that people need to leave the Capitol now,” Cipollone said.
Committee members also questioned Cipollone regarding discussions among members of Trump’s Cabinet about invoking the 25th Amendment to possibly remove Trump from office in advance of President Joe Biden’s inauguration.
(WASHINGTON) — A government watchdog group said Tuesday that the Pentagon “wiped” text messages from the cell phones of key Trump administration Defense Department officials after the Jan. 6 attack on the Capitol, and is now urging Attorney General Merrick Garland to launch a “cross-agency investigation into the possible destruction of federal records.”
American Oversight, which describes itself as a nonprofit watchdog that uses public records requests to fight corruption, filed several Freedom of Information Act requests within days of Jan. 6, 2021, seeking text messages and other communications among senior Pentagon officials including acting Defense Secretary Chris Miller, his chief of staff, Kash Patel, and Secretary of the Army Ryan McCarthy.
In March, the Pentagon filed court documents acknowledging that text messages belonging to those individuals had been deleted — but framed that action as standard operating procedure whenever an employee leaves the department.
“When an employee separates from DOD or Army he or she turns in the government-issued phone, and the phone is wiped,” the Pentagon wrote in response to American Oversight’s FOIA lawsuit. “For custodians no longer with the agency, the text messages were not preserved and therefore could not be searched.”
But in their letter to Garland on Tuesday, American Oversight accused the Pentagon of knowingly erasing records under active FOIA — and framed this deletion as another effort by these agencies to obscure the actions of administration officials.
“In short, DOD has apparently deleted messages from top DOD and Army officials responsive to pending FOIA requests that could have shed light on the actions of top Trump administration officials on the day of the failed insurrection,” American Oversight Executive Director Heather Sawyer wrote.
Sawyer urged Garland to probe not only the Pentagon’s conduct, but also the U.S. Secret Service’s apparent deletion of their agents’ text messages.
“American Oversight accordingly urges you to investigate DOD’s actions in allowing the destruction of records potentially relevant to this significant matter of national attention and historical importance,” the letter said.
Reached for comment, Army spokesperson Col. Cathy Wilkinson told ABC News, “It is our policy not to comment on ongoing litigation.”
(NEW YORK) — The ability to access abortions in Kansas is not changing.
ABC News projects that voters on Tuesday rejected an amendment to the state constitution that would have specified “Kansas does not require government funding of abortion and does not create or secure a right to abortion.”
It was the first popular vote on abortion rights in nearly 50 years — and the first since the demise of Roe v. Wade. In reversing Roe in June, the U.S. Supreme Court ruled that abortion should be left to individual states.
A “yes” vote to approve the Kansas amendment would have effectively overridden a 2019 state Supreme Court ruling and would have cleared the way for GOP super-majorities in the Kansas legislature to enact more stringent abortion restrictions.
A “no” vote keeps the status quo, preserving Kansas as what advocates describe as an abortion rights refuge in a region where bans on the procedure have proliferated.
Kansans on Tuesday also voted in primaries for governor, secretary of state, the House and Senate, state attorney general, state treasurer and the state legislature. Polls closed at 9 p.m. ET.
On Friday, Kansas Secretary of State Scott Schwab predicted that roughly 36% of Kansas voters would participate in the primary election — a higher number than past cycles.
Schwab’s office said the constitutional amendment about whether or not to bar abortion access had increased voter interest in the election.
(NEW YORK) — As monkeypox continues to spread across the U.S., the number of children infected with the virus is growing as well.
Two children in Indiana recently tested positive for monkeypox, state officials announced late last week.
Last month, federal officials confirmed that two other children in the U.S had tested positive for monkeypox, a cousin of the smallpox virus. One of the confirmed cases was a toddler, who is a resident of California. The other was reported in an infant, a non-U.S. resident, who was tested while traveling through Washington, D.C.
Children under the age of 8 are among those whom the Centers for Disease Control and Prevention considers at “increased risk” for severe illness from monkeypox, along with pregnant people, people who are immunocompromised and those who have a history of atopic dermatitis or eczema.
Below, experts answer seven questions parents might have about monkeypox and how it may impact kids, as overall cases across the U.S. continue to climb.
1. As a parent, how concerned do I need to be about monkeypox?
At this time in the outbreak, parents “do not need to panic” about the virus, according to ABC News chief medical correspondent Dr. Jennifer Ashton, who is also a board-certified OB-GYN.
“They should be aware of what’s going on with this, as they are with any medical headline,” Ashton added. “They should know what’s going on in their community and they should take the appropriate steps after discussing any concerns they have with their pediatrician.”
2. How is monkeypox spread?
Monkeypox, also known as MPX, is spread primarily through direct, skin-to-skin contact between someone who has the virus and someone who does not, according to Dr. Richard Malley, senior physician in pediatrics, division of infectious diseases, at Boston Children’s Hospital and a professor of pediatrics at Harvard Medical School.
“That could be through intimate contact,” said Malley. “It could also be through just contact with somebody in the family who has an unsuspecting lesion and lesion unfortunately touches another individual.”
Shared items like towels, clothes or bed sheets could also possibly spread the virus if used by someone with a monkeypox lesion, according to Malley.
“If somebody is infected with MPX, they really need to be very careful with who they interact with and how they interact with those with other people to try to avoid spread as much as possible,” he said.
According to the CDC, monkeypox can also spread through contact with an infected person’s respiratory secretions and prolonged face-to-face contact.
“So far it does not seem to be the major mode of transmission for this virus in the current epidemic,” said Malley. “But that is of course one of the things that we need to monitor very closely.”
3. Does my family need to wipe down surfaces or avoid shared spaces like playgrounds?
Because monkeypox is spread primarily through skin-to-skin contact, parents at this point do not need to overly concerned with their child becoming infected by touching things like doorknobs in public spaces or shared toys, according to both Malley and Ashton.
“While that possibility remains, I think it does not mean that parents or anyone should be concerned about touching doorknobs or going to the grocery story or touching objects that are out on the street, for example,” said Malley. “That is not thought to be a very likely way for MPX to be spread, or for most viruses to be spread.”
Ashton said that people who live in high-transmission areas for monkeypox may want to wipe down surfaces as an extra precaution, noting, “It is possible that this virus can be left on gym equipment, just like it can be left on clothes.”
However, she added that hand washing is more important than wiping surfaces to prevent the spread of disease.
“Hand hygiene is the most important thing, not just for monkeypox but for any infectious disease,” Ashton said.
4. How can I tell if my child has monkeypox?
Unfortunately, the symptoms of monkeypox can look like other viruses — including flu and other rashes — so experts recommend seeking medical care as soon as symptoms show, especially if your child has been in contact with someone who has monkeypox.
Typically, the disease begins with a fever, headache, fatigue, chills and muscle aches. Unlike smallpox, however, monkeypox also causes swollen lymph nodes.
Within one to three days of initial symptoms, those infected will typically develop a rash either on their face or other parts of the body, according to the CDC.
Examples of rashes and lesions caused by the monkeypox virus are seen in this handout image obtained from official Centers for Disease Control and Prevention (CDC) website on July 1, 2022.
Per the World Health Organization, the lesions — or rash — start out as dark spots on the skin before progressing to bumps that fill with fluid.
Malley said parents should seek medical care for any type of rash on their child’s body that does not look like something they have had previously.
“The rash of MPX, as we are now learning, can look very different in different individuals for reasons that we don’t quite understand,” said Malley. “You really need to be cautious with anything that might look like a MPX rash.”
Monkeypox is diagnosed by testing the lesions to identify whether genetic material of the virus is present, according to Malley.
5. Why are children at increased risk with monkeypox?
Experts are not sure, Malley said.
It may be due to their immune systems and the fact that “younger children are sometimes more susceptible to some viral infections,” he explained.
In Africa, where monkeypox originated, the most severe but rare cases of the virus have typically involved inflammation of the brain, according to Malley.
Ashton said that while there have so far been no deaths associated with monkeypox in the U.S., it’s important to stay vigilant as the disease spreads.
“As the numbers grow, based on sheer math, it is not impossible that we will see a death here in the U.S.,” said Ashton, adding that monkeypox has a “spectrum of severity” when it comes to complications. “There have been deaths in Africa associated with monkeypox.”
6. Is there a monkeypox vaccine for kids?
The current vaccine for monkeypox is available to people ages 18 and older. However, the JYNNEOS vaccine can be offered on a case-by-case basis via a special permission process through the U.S. Food and Drug Administration to those with known monkeypox exposure.
Antiviral medications such as Tecovirimat are currently being used for treatment of monkeypox, which is available for children.
More common treatments may also be used to help treat patients who are experiencing pain due to monkeypox lesions, according to Malley.
7. How should I best protect my child from monkeypox?
The best thing parents can do for both themselves and their child, according to Malley, is to pay attention to the virus — but try not to panic.
“I think it would be very unlikely that daycare or a camp or school would be a major focus of transmission of this virus as we understand it currently,” he said. “But of course, it’s important for all of us to be vigilant.”
Malley said the key for parents concerned about monkeypox is to be aware of their child’s surroundings and not interact with people they know have been infected with monkeypox.
“The importance for parents is that if they know anybody in their surrounding, in their environment, in their family who has a suspicion of being infected with MPX, then of course that individual needs needs to isolate themself,” he said. “In general, people who have been diagnosed with MPX have been told and are being very careful because they do not want to be responsible for transmission.”
The CDC has released safety guidelines for people with monkeypox, urging those infected with the virus to “remain isolated at home or at another location for the duration of illness.”
According to Malley, monkeypox lesions are considered to be infectious until they are fully crusted over.
ABC News’ Arielle Mitropoulos and Cheyenne Haslett contributed to this report.
(UVALDE, Texas) — ABC News pieced together what happened the day Salvador Ramos allegedly killed 21 people at Robb Elementary School, using maps, video evidence and information from law enforcement.
In the days immediately following the massacre at Robb Elementary School in Uvalde, Texas, city leaders were bombarded with requests for information from journalists covering the attack. More than a hundred submissions were sent to city hall and the police department under the state’s public information law, to request documents and video that could help make sense of a mass shooting that left 19 children and two teachers dead.
But it wasn’t just members of the media who were seeking such records; the FBI was too, according to government emails newly obtained by ABC News.
In the wake of one of the deadliest school shootings in America’s history, the nation’s premier investigative agency used, among other means, the Texas Public Information Act to seek relevant information — the same method used by news reporters and TV producers.
The FBI would not comment on the record as to why it used a process geared toward public information requests as part of its official investigation. But state officials have noted that the aftermath of the shooting has been plagued by a lack of communication on the part of numerous agencies — much to the frustration of victims’ family members who still have unanswered questions about the attack.
Emails show the that the FBI ended up getting the information it was seeking — but not through the Public Information Act request.
The requests were made on May 26 and May 27 by personnel from the FBI’s field office in San Antonio, Texas, who submitted three separate public records requests with the city of Uvalde seeking, among other things, police reports associated with the shooter and any reports associated with the home where he was living with his grandmother, who he shot in the face before heading to Robb Elementary.
A law firm representing the city of Uvalde told the FBI that its requests should be directed to the Uvalde Police Department, rather than the city itself, and that public records requests from the FBI put the city in a “difficult legal position.”
“The state rules do not allow for an intergovernmental transfer of records with a federal agency,” a representative from the law firm Denton Navarro Rocha Bernal & Zech wrote to the FBI in an email.
“Additionally, the rules require that the requests from your agency be treated in the same manner as all other requestors,” the email said. “Unfortunately, compliance with the rules is counterproductive and does not make any sense in this situation. However, we cannot advise our client to ‘not follow the rules.'”
The law firm suggested that the Uvalde Police Department could provide the FBI with the records it requested without having to rely on the Texas Public Information Act.
“The provision of records would be under separate law that allows for cooperation with other agencies for law enforcement purposes,” the law firm said.
On June 16, the FBI emailed the law firm, saying, “We no longer need these records,” and withdrew its requests.
Uvalde:365 is a continuing ABC News series reported from Uvalde and focused on the Texas community and how it forges on in the shadow of tragedy.
A spokesperson for the city of Uvalde told ABC News that “initially, the FBI’s request was treated like open records because of the sheer volume the city received,” which the spokesperson said included 244 open records requests related to the shooting.
“But the city inevitably cooperated with the FBI and made sure they had what they needed,” said the spokesperson.
The information was provided by the Uvalde Police Department, the spokesperson confirmed.
“The city has processed all open records requests in accordance with the laws that guide us,” said the spokesperson.
The emails obtained by ABC News, which themselves were obtained through a public records request, also included requests from the Texas Department of Public Safety, the state’s top law-enforcement agency, that were made directly to Texas Attorney General Ken Paxton’s office for information related to the shooting and the suspect.
Similar to a request made by the City of Uvalde to the AG’s office, the Texas DPS initially asked that this information be withheld from the public. In an email to Paxton, DPS officials argued that the records needed to be kept confidential because the public “knowing the location where surveillance assets and Department employees focus during operations, knowing how many law enforcement personnel are participating and their response capabilities, will compromise law enforcement purposes by enabling criminals to anticipate weakness in law enforcement procedures.”
Meanwhile, DPS officials confirmed to ABC News that they received requests from the FBI relating to the case and shared evidence with them through intergovernmental transfers.
DPS officials also said recently that they had, themselves, shared some information with the public that had been requested though the Public Information Act.
“DPS has released some emails and text messages in response to specific public information requests,” a DPS spokesperson said, adding that the agency “is waiting for rulings” from the AG’s office on several requests.
“The first ruling should be issued sometime in the middle of August,” the spokesperson said. “The Texas Ranger investigation remains active and ongoing. We are also waiting for further instruction from the Uvalde County DA with regard to the release of additional information.”
The mystery and confusion surrounding the shooting cropped up almost immediately after the attack, as several law enforcement and elected officials shared misleading or contradictory information in the hours and days following the massacre.
“The fear of a coverup is palpable here, and while most see it as simply part of an intragovernmental ‘blame game,’ others have made wild accusations that authorities are sweeping some major scandal under the rug,” a Texas House of Representatives committee wrote in an extensive report on the shooting released two weeks ago.
“It does become harder to proclaim the truth when it is so opaque. Most fundamentally, there has been a loss of trust in government,” the report said.
In response to many media outlets’ requests for records and other information, the city of Uvalde has claimed that “any release of records” would “impede a thorough and complete investigation.” Several media outlets, including ABC News, are planning to mount a joint challenge to government agencies’ limited response to requests.
(WAYNE, N.J.) — A mother is speaking out after she claims her 2-year-old daughter was deliberately ignored by a Chuck E. Cheese employee on Saturday at the Route 23 location in Wayne, New Jersey.
The family was attending a birthday party at the Chuck E. Cheese location when the alleged incident took place.
In a video of the incident, which was posted Sunday on Twitter, a costumed Chuck E. Cheese character can be seen giving high fives to children while walking in front of a small stage.
The footage appears to show an eager Safa Powell jumping up and down and reaching out to high-five the character as well. However the employee in the footage appears to pass her without interacting, despite high-fiving three other children.
“There were a bunch of caucasian children … that were on stage that received a high-five. My Black child was the one to get ignored,” Safa’s mother Natyana Muhammad told New York City ABC affiliate WABC.
“When she turned around she just was excited to see him,” Muhammad continued. “She saw that he was giving all the other kids high-fives and she put her hand up, it was her turn, but he put his hand in and then down and then acted like he didn’t see her.”
Insistent on getting the character’s attention, Powell continued to hold her hand out waiting for the employee in the Chuck E. Cheese costume to acknowledge her, to no avail.
“That was my first time actually witnessing someone, you know, ignore her or make her feel like she’s invisible,” Muhammad said.
Chuck E. Cheese, a subsidiary of Apollo Management, shared a statement with WABC following the incident.
“Chuck E. Cheese is saddened when any family or child has a less than perfect experience,” the written statement read. “We want to thank the family who brought this to our attention at our Wayne, NJ location and for giving the onsite manager an opportunity to apologize and address their concerns in person. As home to millions of families and kids every year that celebrate the big and small milestones, including fun, our goal is to create an inclusive experience for children and parents of all ages, races, ethnicities, religious backgrounds, and learning differences.”
“Our mission is to provide a fun and a safe place Where A Kid Can Be A Kid, and all cast members are trained to ensure that we live up to this promise,” the statement added.
ABC News reached out to Chuck E. Cheese company officials for further comment.
Muhammad said she was displeased with the initial response to the incident.
“Gave the onsite manager an opportunity to apologize when she said ‘I’m sorry you feel that way,'” she said. “Was that the apology?”
The manager of the Wayne, New Jersey, Chuck E. Cheese declined to comment on the incident to ABC News.
This incident comes in the wake of a report from another family in July who said that their children, who are Black, were ignored by costumed employees at Sesame Place in Philadelphia.
The family in that incident joined other families in a class action suit against the theme park seeking $25 million and alleging racial discrimination. Sesame Place told ABC News in a statement at that time that the company was reviewing the lawsuit, “[looked] forward to addressing that claim through the established legal process” and was “committed to deliver an inclusive, equitable and entertaining experience for all our guests.”
Natyana Muhammad’s 2-year-old daughter is pictured posing with her arms crossed beside the Chuck E. Cheese character her mother says he ignored her.
After Muhammad brought Saturday’s incident to the company’s attention, she said onsite leaders offered to have the Chuck E. Cheese character pose for a picture with 2-year-old Safa. According to her mother, Safa’s “demeanor changed from … excited, happy, jumping, high-five, to — when it was time to take a picture — just standing beside him.”
In that picture, Safa can be seen standing next to Chuck E. Cheese with her arms crossed.
“I hugged her, told her that I loved her and that she never has to come beg for love because she is loved by many,” Muhammad said.
(WASHINGTON) — Airline passengers hoping for a little more leg room or space on plane seats can tell the federal government how they feel for the next 90 days.
The Federal Aviation Administration (FAA) is asking for comment from the public for the next few months. It will then use that feedback to create a new standard minimum for airplane seat sizes.
This comes years after Congress ordered the FAA to create new minimum dimensions for airplane seats in its funding renewal in 2018. During that reauthorization, Congress mandated that the agency must issue a standard seat pitch, width and length. Some advocates said a change in minimum seat size could impact much of the flying public.
“Only about 50% of the population can fit in the seats and for men, only about 13% have shoulders that are narrower than the seats,” Paul Hudson, the president of FlyersRights.org and a member of the FAA Aviation Rulemaking Advisory Committee, said. “And you’ve got many people with various health conditions that are not flying because of these really cramped seats, so if the seats become more reasonable, that will open up a lot more customers for the airlines.”
And while the result might mean more comfortable travel for flyers, it could also mean safer skies. Hudson says that cramped legroom can lead to conditions such as clotting or deep-vein thrombosis during travel.
“Well, what we believe should happen is there should be minimum state standards that allow for 95% of the population to fit in the seats,” Hudson said. “And for the other 5%, there should be larger seats available with a proportional additional cost, but nothing excessive.”
A minimum seat size and amount of leg room could make it easier for passengers to evacuate during an emergency.
“Federal officials want to make sure that there is enough room on airplanes that in the event of an emergency, folks are able to quickly and safely get off of that airplane,” Scott Keyes, the founder of Scott’s Cheap Flights, said. “And if seats are too cramped together, if there’s so little leg room that it’s near impossible to squeeze out of your seat, that is going to make it especially difficult to evacuate in case of emergency.”
Keyes said that over the past decades, the size of many airplane seats has gotten smaller.
“Americans, in general, have been getting a bit larger and seats on airplanes have been getting a bit smaller,” Keyes said. “And so that mismatch, I think, is reasonable for critics to say, ‘Well, do the current seats, [does] the current setup of airlines really reflect what the flying public can expect these days and what their needs are?'”
The FAA has been conducting airplane evacuation tests at its facilities in Oklahoma, but critics say those drills might not paint an accurate picture of what a real-world emergency would entail.
In that report, more than 60% of participants thought it would be difficult or very difficult to get out of a middle row and middle seat quickly. The conclusion of those drills found that “while airplane seat size may remain unchanged,” a larger and heavier U.S. population might impact safety.
The drills have drawn some criticism because the participants were limited to able-bodied participants whose ages range from 18 to 60. Hudson also said that people weighing more than 250 pounds and people with other conditions who would be on a normal flight were not part of the tests.
In its request for public comment, the FAA said it is seeking input on seat dimensions from groups who were not part of the drills, including “children, people over 60 and individuals with disabilities.”
But, the FAA emphasized that for the agency, this change is about safety, and it is asking for data and information that is “helpful.” It is not requesting comments about “passenger comfort or convenience,” the FAA said.
(WASHINGTON) — After a series of delays and emotional protests, the Senate on Tuesday night approved a bill that will help veterans exposed to toxic burn pits.
The Senate began voting on the PACT Act around 5 p.m., with votes on three Republican amendments before a vote on final passage of the bill, which was 86-11. None of the proposed amendments passed.
Senate Majority Leader Chuck Schumer on the floor called the passage a “wonderful moment, especially for all the people who made this happen.”
Just before the legislation passed, New York Sen. Kirsten Gillibrand, who helped lead the Democratic effort, could be heard saying “I’m so proud” to Senate Armed Services Committee Chairman Jon Tester of Montana. The two embraced in a hug.
A group of Democrats were set to hold a press conference later Tuesday night following the vote.
The PACT Act had initially passed the Senate earlier this year. But after a quick fix in the House required the bill to be voted on again, 26 Republican senators changed their votes and blocked swift passage of the act last week — sparking outrage among Democrats and veterans groups.
Comedian and activist Jon Stewart has become the face of this legislation, joining veterans in protest outside the Capitol for the last several days. He’s harshly criticized Republicans — who in turn cited concerns about Democratic spending maneuvers — and demanded action from lawmakers.
“America’s heroes who fought in our wars outside sweating their a—- off with oxygen, battling all kinds of ailments” while Republican senators were sitting “in the air conditioning walled off from any of it,” Stewart said during a press conference in front of the Capitol building on Thursday. “They don’t have to hear it, they don’t have to see it. They don’t have to understand that these are human beings.”
Stewart was in the chamber Tuesday night for the vote, along with about 50-75 vets and supporters of the bill. He is expected to join Democrats as they address reporters.
He sat above in the gallery and was seemingly overcome with emotion for a moment after the vote. He appeared to choke up while the clerk read the names of the Senators who voted yes.
When the vote was called, he grabbed his chest. “Hallelujah” and “yeah” were also shouted from observes in the gallery.
Republicans had said they did not object to the new funding for veterans in the proposal but wanted the opportunity to modify a so-called “budget gimmick” they say could be exploited by Democrats.
Sen. Pat Toomey, R-Pa., has led the GOP group in opposition, insisting on an amendment to change language in the bill that he said could free up $400 billion in existing funds already being used for veterans by shuffling the money inside the budget to use for unrelated purposes.
“What matters to a veteran whose ill because of a toxic exposure is that the money is there to cover what he needs, that’s what he should be concerned about and that will be there,” Toomey said Tuesday. “What I am trying to limit is the extent that they could use a budget gimmick to reclassify spending and go on an unrelated spending binge.”
Republicans attempted to close this perceived budget loophole during a Tuesday night vote, but the amendment failed to pass.
Two other amendments from Sens. Rand Paul and Marsha Blackburn also failed. Paul’s amendment aimed to reduce aid to other countries besides Israel over the next 10 years to offset some of the bill’s costs, while Blackburn’s amendment proposed allowing toxic-exposed veterans to go directly into community care.
Schumer on the floor called Tuesday’s development “good news.”
“Our veterans across America can breathe a sigh of relief,” he said. “The treatment that they deserve and have been denied by the VA because of all kinds of legal barriers and presumptions will now be gone.”
ABC News’ Trish Turner contributed to this report.
(NEW YORK) — The suspect involved in an unprovoked attack on a 59-year-old Asian woman in New York City on Sunday has been arrested and charged with a hate crime, police said.
The NYPD arrested Anthony Evans, 30, on Tuesday in Manhattan and charged him with assault as a hate crime and criminal possession of a weapon.
The woman was pulling a shopping cart behind her when a man, believed to be Evans, approached her and sliced her hand with a boxcutter on 42nd Street near Times Square before running off, police said.
The woman is so frightened by the attack that she won’t leave her home, she told ABC News New York station WABC, adding that the attack caused heavy bleeding.
Year-to-date, hate crimes in New York City are up 13.3%, according to crime data from the NYPD.
On Sunday, a 70-year-old Asian woman was attacked by four people in the lobby of a San Francisco housing complex, according to the San Francisco Police Department.
The woman said the four suspects began talking to her but did not understand her because of a language barrier, the SFPD told ABC News.
The four suspects, described by cops as juveniles, followed her into the building, attacked her, stole her belongings and left the scene, police told ABC News.
The woman exclusively told ABC News San Francisco station KGO that the alleged assailants came back, attacked her and stole her keys.
Arrests have not been made and an investigation is ongoing, SFPD said in a statement.
(BROOKLYN CENTER, Minn.) — A passenger sitting next to Duante Wright during his police-involved killing, has filed suit against the city of Brooklyn Center, Minnesota, and ex-officer Kim Potter for the injuries and trauma she says was caused by the incident.
Alayna Albrecht-Payton, 21, is seeking at least $150,000 in damages in the April 11 confrontation that severely injured her and killed Wright immediately next to her, according to the lawsuit.
Albrecht-Payton, who had been dating Wright for a couple of weeks before the shooting, had testified in the trial against Potter in December 2021. In that trial, Potter claimed she mistook her firearm as a Taser and shot Wright, whose vehicle then accelerated and crashed into another SUV.
Since the trial, Potter has been convicted of manslaughter and sentenced to two years in prison and Brooklyn Center agreed to pay a $3.25 million settlement to Wright’s family.
Now, Albrecht-Payton is suing Brooklyn Center and Potter for the PTSD that she said she developed from witnessing Wright’s death and the severe injuries she sustained, including a broken jaw.
The lawsuit claims that Potter’s “negligent conduct” is the direct cause of Albrecht-Payton’s physical and emotional injuries, and that Brooklyn Center is liable for Potter’s actions as an officer of Brooklyn Center’s police department during the incident.
Albrecht-Payton’s attorney, Katie Bennett, told ABC News that her client is now seeking a lawsuit because she wants to hold the people involved accountable.
“Albrecht-Payton was a blameless witness to this horribly traumatic event,” Bennett said.
Bennett said that Albrecht-Payton required surgery after the incident for her broken jaw, had a concussion, punctured lips and was bleeding from her ears, and “not to mention the psychological and emotional injuries that have been life altering,” she added.
Jason M. Hiveley, who is representing Brooklyn Center and Potter, told ABC News that he is in the process of reviewing Albrecht-Payton’s medical records and evaluating their legal defenses.
The lawsuits states that Potter endangered Albrecht-Payton’s safety and that of a nearby fellow Brooklyn Center police officer when she shot Wright.
When Wright’s vehicle crashed into a nearby SUV after the shot, the lawsuit also alleges that Albrecht-Payton “bore the brunt” of the impact and despite her injuries “desperately” tried to save Wright as he “gasped for air.”
Instead of receiving help, responding officers held Albrecht-Payton at gunpoint and placed her in handcuffs, according to the lawsuit.
The lawsuit states that Albrecht-Payton was bleeding from the head and face when officers approached her, and she was brought to the emergency room, where she was “severely distraught” and couldn’t explain to emergency services what had happened.
After firing a shot at Wright, leading to the crash and further confrontation of Albrecht-Payton by other officers, Potter broke down on the curb and started “wailing” instead of giving aid to Wright or Albrecht-Payton, the lawsuit said.
“Potter worried only about the consequences to herself,” the lawsuit read. “She drew her fellow officers’ attention to herself and away from responding to the crisis she created. Officer [Anthony] Luckey patted her back as she lay face down on the grass, expressing her concern that she was ‘going to prison.'”
Five days after the incident, Albrecht-Payton underwent jaw surgery that left four screws in her jaw and wired her mouth shut for two weeks. She was only able to eat soft foods for another six weeks, the lawsuit said.
Her physical and emotional injuries prevented her from sleeping or eating regularly, leading her to become severely malnourished, according to the lawsuit.
She was hospitalized from April 26 – 29, with her medical records stating that “she was in an agitated delirium following her boyfriend being killed in front of her eyes,” according to the lawsuit.
In the months since, Albrecht-Payton has been diagnosed with post-traumatic stress disorder, acute stress disorder, generalized anxiety disorder, and major depressive disorder, the lawsuit said.
