Texas mall shooting updates: Domestic terrorism probed as possible motive

Texas mall shooting updates: Domestic terrorism probed as possible motive
Texas mall shooting updates: Domestic terrorism probed as possible motive
Stewart F. House/Getty Images

(ALLEN, Texas) — Nine people died and seven others were injured on Saturday after a gunman opened fire at an outdoor mall north of Dallas, Texas, officials said.

The alleged gunman, who died after a confrontation with police, was among the seven people who were killed at the Allen Premium Outlets, the scene of the shooting, Allen Police Department officials said. Nine additional people were transferred to hospitals, where two later died, officials said. The hospitalized victims’ ages range from 5 to 61 years old, authorities said.

Multiple law enforcement agencies responded at about 3:30 p.m. on Saturday to the outlets in the Dallas suburb, where an active shooter incident had been reported.

“This is a tragedy. People will be looking for answers,” Allen Police Chief Brian Harvey said during a press briefing. “We’re sorry that those families are experiencing that loss.”

Aerial footage from the scene showed shoppers being evacuated from the stores, many with their arms raised in the air.

None of the victims’ names have been released. Information about the suspect has not been released publicly.

ABC News’ Izzy Alvarez contributed to this report.

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

May 07, 2:43 PM EDT
3 people wounded in attack remain in critical condition: Police

At least three people wounded in a mass shooting at an Allen, Texas, outlet mall remained in critical condition on Sunday, according to police.

Four victims were taken to Medical City McKinney, a trauma center in McKinney, Texas, about seven miles from Allen. Three of the patients were in critical condition and one was listed in fair condition, according to a statement Sunday from the Allen Police Department.

Eight victims were killed in the attack and a total of nine people were injured, police said. The shooter, whose name has not been released by police, was confronted and fatally shot by a police officer.

Among the injured, one patient was transferred from Medical City McKinney to Medical City Plano and was in fair condition. Another patient was transferred to Medical City Children’s Hospital in fair condition, police said.

“We are a strong and caring community and we want all of the victims and their families impacted by this tragedy to know that we will wrap our arms around you, and we are here for you,” Allen Mayor Kenneth M. Fulk said in a statement released Sunday. “The City of Allen pledges to offer our complete support. We know you are grieving, we are grieving. Rest assured, the nation and the world are also grieving.”

May 07, 2:40 PM EDT
Biden calls on Congress to pass assault weapons ban

President Joe Biden is renewing his call for Congress to pass an assault weapons ban following Saturday’s mass shooting at a Texas outlet mall.

“Yesterday, an assailant in tactical gear armed with an AR-15 style assault weapon gunned down innocent people in a shopping mall, and not for the first time. Such an attack is too shocking to be so familiar,” Biden said in a statement released Sunday.

“And yet, American communities have suffered roughly 200 mass shootings already this year, according to leading counts. More than 14,000 of our fellow citizens have lost their lives, credible estimates show. The leading cause of death for American kids is gun violence,” Biden said.

Biden argued that “some progress” has been made as a result of the Bipartisan Safer Communities Act, and his various executive actions, but blasted GOP lawmakers, saying, they “cannot continue to meet this epidemic with a shrug. Tweeted thoughts and prayers are not enough.”

“Once again, I ask Congress to send me a bill banning assault weapons and high-capacity magazines. Enacting universal background checks. Requiring safe storage. Ending immunity for gun manufacturers. I will sign it immediately. We need nothing less to keep our streets safe.”

May 07, 12:03 PM EDT
Abbott says mall shooting underscores need to address mental health issues

Texas Gov. Greg Abbott said he plans to visit Allen, Texas, on Sunday afternoon as he argued in a TV interview that the mass shooting at an outlet mall there underscores the need to focus on addressing mental health issues.

“Texans are hurting today. And the people who are hurting the most obviously are the families of the victims, the families of lost loved ones, families who have a loved one who is injured and our main priority right now is to help and support those families in the Allen community,” Abbott said on Fox News Sunday.

He said he is going to Allen on Sunday “to begin the process of providing hope and healing.”

“But I can tell you there are questions that are lingering that the families want answers to. And that is why this happened? Why did that gunman do this? How did this happen? And I know that those families need answers as quickly as possible,” said Abbott, who praised the quick response of police in confronting the shooter and killing him.

Abbott was asked about new polling that shows strong support for background checks for gun purchases, increasing the legal age to buy a gun to 21 and requiring mental health checks for purchases. The governor said his state is also looking at legislation to address “easy solutions” to get guns out of the hands of criminals.

But overall, Abbott argued, the focus should be on the “long term solution” of addressing mental health.

May 07, 11:23 AM EDT
Domestic terrorism probed in Texas outlet mall massacre

As authorities work to determine a motive for the outlet mall shooting in Allen, Texas, one avenue investigators are exploring is whether this was an act of domestic terrorism, multiple law enforcement sources told ABC News.

The shooter wore patches or stickers on his clothing that raised suspicion he may have gravitated toward right-wing extremism, the sources said, though they added no motive has yet been established.

Federal agents were seen at a home in the Dallas area believed to be associated with the shooter, ABC Dallas affiliate station WFAA reported.

Federal investigators are already going through the suspect’s electronic devices and social media as they work to understand what led to the killing rampage, the sources said.

In addition to a rifle used in the shooting, sources said investigators recovered additional firearms in a vehicle associated with the shooter.

The Texas Rangers are the lead agency on the case with assistance from the FBI, ATF and Allen police.

May 07, 11:08 AM EDT
‘I got him down’: officer who apparently killed Texas shooter says in radio transmission

Police radio dispatches from the Allen, Texas, mall shooting Saturday captured the chaotic moments as the massacre unfolded, including an officer who apparently confronted the killer, calling for backup before reporting, “I got him down.”

“We got shots fired at the Allen Mall,” an officer is heard saying in the radio dispatches, according to the Broadcastify, which records emergency transmissions.

A police officer was at the Allen Premium Outlets when the shooting erupted around 3:30 p.m. Saturday, raced to the gunfire and fatally shot the suspect, Allen Police Chief Brian Harvey said at a news conference on Saturday.

“We got people running,” the officer on the scene radioed to a police dispatcher. “I need everybody I got.”

A short time later, the officer radioed, “I got him down,” referring to the gunman, who police have yet to identify.

May 06, 11:46 PM EDT
Shopper says she ‘hunkered down’ amid shooting

A woman was shopping when she says the shooting began and described how people began to flee for safety.

Elaine Penicaro said in an interview that she was finishing up her shopping when she heard “popping” noises and began to realize how dire the situation was.

“We saw sparks flying like it was right in front of us. So we just ran into the Converse store. They locked the door. We all hunkered down in the back. And that’s where we stayed,” she said.

Penicaro said she heard the police arrive within five to 10 minutes.

May 06, 11:13 PM EDT
Vigil planned for Sunday

A vigil will be held Sunday afternoon in the aftermath of the deadly shooting.

State Rep. Jeff Leach said that a vigil was planned for 5 p.m. at Cottonwood Creek Baptist Church. He made the announcement during a briefing Saturday evening.

“This community is home for us and our hearts are devastated and broken tonight no law enforcement official no elected official Ever imagines or plans to or hopes to speak in front of a press conference like this,” Leach said.

May 06, 11:01 PM EDT
Mayor calls shooting a ‘tragic day’

Ken Fulk, the mayor of Allen, called the shooting a tragic day for the community and extended his sympathies. Fulk, who was elected in 2020, also pledged his support.

“Today is a tragic day for the city of Allen, our citizens, our friends and visitors who were at the Allen Premium Outlets today. We are a strong and caring community and we all want the victims and their families impacted by this tragedy to know that we will wrap our arms around you. And we are here for you,” he said.

May 06, 10:47 PM EDT
Shooter killed at the scene

The shooter was killed at the scene, police said.

Allen Police Department Chief Brian Harvey said at a press briefing that an officer was at Allen Premium Outlets on an unrelated call when he heard gunshots and located the shooter who was then “neutralized.”

“We are asking for the public’s help if you are a witness,” Harvey said.

Copyright © 2023, ABC Audio. All rights reserved.

Six injured at Colorado resort after mechanical equipment collapses in pool area

Six injured at Colorado resort after mechanical equipment collapses in pool area
Six injured at Colorado resort after mechanical equipment collapses in pool area
Aurora Fire Rescue

(AURORA, Colo.) — Six people were injured, including two in life-threatening condition, after mechanical equipment collapsed in a pool area at a Colorado resort, authorities said.

The Aurora Fire Rescue said its rescue team responded Saturday to the Gaylord Rockies Resort in suburban Denver “where there is a reported collapse of mechanical equipment in the aquatics area.”

First responders treated six patients, including two who were transported to local hospitals with life-threatening injuries, the department said.

Gaylord Hotels is a Marriott International brand. ABC News has reached out to Marriott for comment.

This is a developing story. Please check back for updates.

Copyright © 2023, ABC Audio. All rights reserved.

Tech firms push ‘passkeys’ to usher in password-free logins

Tech firms push ‘passkeys’ to usher in password-free logins
Tech firms push ‘passkeys’ to usher in password-free logins
STOCK PHOTO/Getty Images

(NEW YORK) — When it comes to the password habits of Americans, there’s some room for improvement. But some tech companies are hoping a new security technology known as a “passkey” may offer a solution.

Passkeys, as they’re known, is a new security technology that works by having a person’s smartphone generate unique cryptographic “key,” which can then be used to unlock that person’s various online accounts – no password required.

“If I had to use one word it would be ‘lazy,'” Patricija Cerniauskaite, a spokesperson for digital security firm Nordpass, told ABC News, describing the habits of some Americans when it comes to their passwords.

A new report from Nordpass finds 83% of the most common passwords globally can be hacked in less than one second. According to Nordpass, the most common password among Americans last year was the word “guest. “123456” was the second most-common password, and in third place was, simply, “password.”

Cerniauskaite says the prominence of weak passwords is nothing new, in part because of the sheer volume of accounts internet users now have to manage.

“For a general person, it’s impossible to learn and remember 80 or 100 different, complicated password[s],” Cerniauskaite said. That’s why, she says, many people resort to words and phrases that are easier to remember, but less secure.

“It’s understandable, but it compromises people’s security,” she said.

Recently, tech companies including Google, Apple, and Microsoft have been rolling out passkeys to offer a solution to Americans’ bad password habits.

“The server will be sending a request to your device which can only be answered by the related passkey stored there,” Cerniauskaite said. “So when the passkeys are paired, you will actually be logged into your account.”

“You’ve confirmed to your device that you are who you say you are,” David Pierce, Editor At Large of The Verge, told ABC News. “And your device now goes to the website and says, ‘yup, it’s David.’ And you’re good to go.”

To set up a passkey, users navigate to the login screen of an account, and select the option to sign in with a passkey (usually the option is accompanied by a small icon that looks like a person standing next to a key). Then, the account will prompt the user to log in to their phone using a face scan, a fingerprint, or other security measure.

“It replaces a password, which is a series of letters and numbers and symbols that you have memorized, with essentially biometric information stored on your device,” Pierce said.

Passkeys are stored on a person’s phone or computer. Experts say this is more secure than having a company oversee a server full of user passwords, which could be vulnerable to hacking.

“Even if your password is good and safe, it can be stored somewhere and often those places are hackable and that’s how passwords get leaked,” Pierce said. “That is much much harder to do in a case like this.”

In addition, Pierce says, passkeys address the problem of “phishing” scams – where malicious actors create fake websites, designed to look like real login pages, with the intention of collecting the usernames and passwords of people who fall for the scam.

“You can’t give a hacker your password anymore, you can’t be socially engineered into giving someone your password,” he said, because “you don’t have a password anymore.”

This week, Google announced that passkeys are now available for Google accounts across most major platforms. Websites like eBay, Shopify, CVS Health, Kayak, and Best Buy all support the technology – but some major players are missing. Popular websites like Amazon, Facebook, and Twitter have yet to announce passkey support. Pierce says that’s likely to change as the technology matures.

“It will happen kind of, account by account, service by service, company by company,” he said. “It would be great if everybody would decide to do it at the same time, but that’s not likely going to happen.”

There are other drawbacks to passkeys as tying authentication to smartphones also ties it to smartphone batteries.

“If I’m out in the world and my battery dies – my password manager just died,” Pierce said.

Copyright © 2023, ABC Audio. All rights reserved.

One dead in Texas graduation party shooting, no arrests made

One dead in Texas graduation party shooting, no arrests made
One dead in Texas graduation party shooting, no arrests made
Tetra Images/Getty Images/STOCK

(HOUSTON) — A teenager was killed in a shooting at a high school graduation party in Houston, Texas, the local sheriff said in a statement.

The deceased has been identified by police as 16-year-old Isaac Zetino.

Several teenagers were attending a graduation party Saturday morning when shots were fired around 1:30 a.m., according to a statement from Harris County Sheriff’s Office.

Medical personnel at the scene were unable to save the teen at the scene of the shooting. The shooting took place in Houston’s residential Copperbrook neighborhood.

“During the gathering, shots were fired outside the residence resulting in a 16 year old white male victim sustaining a gunshot wound,” a statement from the sheriff’s office said. “Medical personnel was summoned to the location for life-saving measures with no avail.”

Zetino was not a resident at the home where the shooting took place and had been there to attend an after-prom party, according to Sheriff Ed Gonzalez. Investigators determined Zetino and another juvenile got into a “disturbance” with the father of a female at the party.

During this disturbance, both parties took out handguns and fired at each other, according to police. Investigators have located the adult male who exchanged gunfire with Zetino and the second juvenile involved in the incident.

“The individual cooperated w investigators and provided a statement that said, in part, that he had acted in self-defense when he was shooting. This statement was corroborated by findings at the scene,” Gonzalez said in a statement.

Police said no charges are being filed at this time.

The incident is still under investigation. Upon conclusion of the investigation, it will be presented to a grand jury for possible charges, police said.

Copyright © 2023, ABC Audio. All rights reserved.

Migrants desperate to live in US endure inhumane conditions near the Mexican border: Reporter’s notebook

Migrants desperate to live in US endure inhumane conditions near the Mexican border: Reporter’s notebook
Migrants desperate to live in US endure inhumane conditions near the Mexican border: Reporter’s notebook
Mireya Villarreal/Jim Scholz/ABC News

(MATAMOROS, Mexico) — Most U.S. border towns, from Texas to California, thrive on a healthy relationship with their Mexican counterparts. Goods and labor flow back and forth, helping tourism and the economy on both sides. But in the last decade, those relationships have been strained and tensions have grown.

The Migrant Protection Program, or MPP, was created during the Trump administration. Thousands of migrants requesting asylum were sent back to Mexico to wait for their appointments or court hearings, resulting in the creation of a large-scale tent city in Matamoros, Mexico. The camp was only for migrant families and was fenced off to the general public — even media couldn’t get inside.

The migrants running the location set up a cooking area, a place to bath and use the restroom and even a play area for children. It was safe and orderly. Once MPP was discontinued, the camp was eventually shut down.

As the end of Title 42 creeps closer, a new camp has flourished in Matamoros. Over the last six months thousands have flocked to the Mexican border town, staging near the Rio Grande River and preparing to cross when the time is right. We traveled over the International Bridge into Matamorros, Mexico, with Pastor Abraham Barberi, a local minister associated with One Mission Ministries.

Title 42 is a Trump-era policy implemented during the pandemic that allows border patrol agents to expel migrants without allowing them to seek asylum but it does not come with consequences.

“At times, it’s overwhelming. And I’ve wanted to quit. It’s been going on too long and it’s just difficult,” he said. “I wake up in the morning many times and I think … I’m done. I’m tired. It’s not just that … it’s just feeling like you can’t do anything.”

And yet, several times a week he’s in the camp delivering food or water and ministering to people. Within minutes we run into a young mother, Lucia Gomez, and her 2-year old daughter from Venezuela.

The pair have been living in the make-shift camp along the river for more than five months. Tears running down her face, Gomez tells us in Spanish that the CBPOne app went live at 10 a.m. with daily appointment slots but they were already all gone. It’s 10:01 a.m.

We soon found out that level of desperation and anxiety has seeped into every corner of the camp that holds thousands of migrants in Matamorros. Families are sleeping in make-shift tents made of old blankets and broken tree limbs. They are cooking over open fire pits, with portable toilets and piles of trash feet away. It’s primitive. It’s dirty and inhumane. And yet, most of the people we spoke with say they are willing to endure this for a chance to get into the U.S.

But many are growing restless. They tell us the U.S. government’s CBPOne app is meant for iPhone users and is difficult to navigate. Internet service is scarce and the cartel is now charging migrants for printouts of the instruction manual for the application process because the link is not readily accessible. Our camera caught a family with three young children, one in a body cast, crossing the river with pool rafts and a rope. Troops on the U.S. side watch it all go down without saying a word.

The family we saw crossing the river will end up in Brownsville at the city’s newly erected processing facility along the river. On average the city is getting well over 2,000 migrants a day. Some will get sent back to Mexico by using Title 42; many will be processed and released. The city and local NGOs will help them find transportation out of the Rio Grande Valley. A majority will be staying with sponsors already here in the U.S.

Brownsville Mayor Trey Mendez told us: “We are ready. We know there are more people coming and these last few weeks have been a dry run for us.”

When the Biden administration announced last April that they’d let Title 42 expire in May, migrants were required to apply for legal entry through a phone app and set up an appointment.

Title 42 ends on May 11 and officials continue to tell us they have no idea how many people to expect. They are confident they measures they’ve put in place so far will help them mitigate whatever comes their way.

Not everyone is convinced.

Pastor Abraham worries the situation will only get worse.

“No. I don’t think we are prepared,” Abraham said. “More asylum seekers are going to come and this is just going to get bigger.

Copyright © 2023, ABC Audio. All rights reserved.

One dead, Six injured in shooting at Mississippi restaurant: Police

One dead, Six injured in shooting at Mississippi restaurant: Police
One dead, Six injured in shooting at Mississippi restaurant: Police
Douglas Sacha/Getty Images/STOCK

(OCEAN SPRINGS, Miss.) — A teenager was killed and six others were injured in a shooting at a Mississippi Gulf Coast restaurant Friday night, authorities said.

Police responded to a shooting shortly before 11 p.m. local time at The Scratch Kitchen in Ocean Springs, east of Biloxi.

Responding officers found seven shooting victims at the scene, including a teenager who had died from his injuries, Ocean Springs Police Capt. Ryan LeMaire said. The police department identified the victim as 19-year-old Chase Harmon of Pascagoula, Mississippi.

The surviving victims were transported to area hospitals for treatment, said police, who did not provide details on the extent of their injuries.

There are no suspects in the shooting at this time, police said.

The Scratch Kitchen is located on a busy strip in downtown Ocean Springs that’s lined with restaurants and bars. It was offering Cinco de Mayo specials at the time of the shooting.

The investigation is ongoing. Anyone with any information is asked to call the Ocean Springs Police Department at 228-875-2211.
 

Copyright © 2023, ABC Audio. All rights reserved.

As Young Thug awaits trial, the push to limit the use of rap lyrics in court gains bipartisan support

As Young Thug awaits trial, the push to limit the use of rap lyrics in court gains bipartisan support
As Young Thug awaits trial, the push to limit the use of rap lyrics in court gains bipartisan support
Leigh Vogel/Getty Images for The Recording Academy

(NEW YORK) — The indictment of rapper Young Thug on gang-related charges in May 2022 sparked a movement in the music industry against the use of rap lyrics as evidence in criminal proceedings. Now as the hip-hop star awaits trial in Georgia, the issue is gaining bipartisan support from lawmakers across the country, who are introducing bills on the federal and state level to limit the controversial practice.

Missouri state Rep. Phil Christofanelli, a Republican sponsoring the bill in his state, told ABC News on Tuesday that using artistic expression in court proceedings could have a “chilling effect” on freedom of speech and his bill is designed to regulate the practice and protect the First Amendment.

“For me, it’s about free speech,” he said.

“If you have a criminal system where your unrelated artistic creations can be brought against you as evidence to take away your life or liberty, that’s about as chilling an effect as you can get,” he added.

Rap lyrics have been used by prosecutors in the U.S. for decades as alleged evidence in criminal cases, but their inclusion in the indictment of Grammy-winning rapper Young Thug in Georgia brought national attention to the practice and sparked a movement across the music industry to “Protect Black Art.”

Recording Academy President Harvey Mason, Jr. told ABC News on Wednesday that using artistic expression in court is a “slippery slope” and sets a “dangerous precedent.” “Bills like this are opportunities to stand up,” Mason said, adding that legislation that limits the use of artistic expression in court will have “repercussions across all the creative areas” and will protect the “rights of creators” across genres and disciplines.

Missouri House Bill No. 353 or the Restoring Artistic Protect Act is known as the “Rap Act” and is named after the federal bill introduced in Congress last year.

Christofanelli said the bill got unanimous bipartisan support in committee and groups “across the ideological spectrum” testified in favor of the bill, including right-leaning organizations dedicated to protecting the First Amendment and progressive groups focused on “criminal justice reform and racial justice.”

The bill, which was included as an amendment to a Senate bill on judicial proceedings, passed the Missouri House on Tuesday and is expected to go up for a vote in the Senate before the legislative session ends on May 12.

“There’s a little bit for everybody to love in this issue, and I think that’s why it’s done pretty well, even in a very conservative state like Missouri and a liberal state like California,” Christofanelli said.

California became the first state to adopt a law limiting the use of lyrics in court when Gov. Gavin Newsom signed a bill into law in Oct. 2022.

Democratic Reps. Hank Johnson of Georgia and Jamaal Bowman of New York reintroduced the The Rap Act on Capitol Hill last week – a bill that was first introduced last year and helped inspire legislation on the state level.

A similar bill in Louisiana sponsored by Republican Rep. and Speaker Pro Tempore Tanner Magee passed in the House last week and is also expected to go up for a vote in the Senate this month.

In New York, Democratic Sens. Brad Hoylman and Jamaal Bailey co-sponsored the “Rap on Trial” bill last year. The bill passed in the Senate, but never made it to the state assembly and is up for a Senate vote again this year. Similar bills have also been introduced in Maryland and Illinois.

The bills would essentially require prosecutors to prove to a judge without the presence of a jury, that the lyrics in question have a factual nexus to an alleged crime and were intended to be taken literally as a representation of the defendant’s true thoughts or statements.

“We want there to be a hearing before a judge outside of the jury’s presence to make sure that this type of evidence isn’t used to unfairly prejudice jurors against artist defendants,” Christofanelli said.

Although the legislation addresses all artistic genres, research outlined in the 2019 book “Rap on Trial” by Erik Nielson and Andrea Dennis shows that the practice of using lyrics in court disproportionately impacts rap musicians.

“Rap music is the only fictional form — musical or otherwise, that is targeted this way in the courts,” Nielson previously told ABC News.

“It’s absolutely racist,” he added. “Essentially what’s happening is rap music is being denied the status of art.”

Mason said that the Recording Academy is deploying its members to states across the country to provide grassroots support and meet with lawmakers to advocate for the issue.

“This is exactly what the Academy is for,” Mason said.

“Anytime we can jump into action to protect or support or uplift our music community to enable them to do what they do, that’s what we are here for.”

Copyright © 2023, ABC Audio. All rights reserved.

DOJ seeks 25-year prison sentence for Oath Keepers founder Stewart Rhodes

DOJ seeks 25-year prison sentence for Oath Keepers founder Stewart Rhodes
DOJ seeks 25-year prison sentence for Oath Keepers founder Stewart Rhodes
Philip Pacheco/Anadolu Agency/Getty Images

(NEW YORK) — The Justice Department is asking a federal judge to sentence Oath Keepers founder Stewart Rhodes to 25 years in prison following his conviction along with other members of the anti-government militia group on charges of seditious conspiracy and other felonies stemming from their involvement in the Jan. 6 attack on the U.S. Capitol.

Prosecutors set forth their requested sentences for Rhodes and eight other Oath Keepers convicted of a range of offenses following two separate trials in November of last year and in January. Six of the nine total defendants were convicted on the key seditious conspiracy charge while three others — Jessica Watkins, Thomas Caldwell and Kenneth Harrelson — were found not guilty of that charge but were convicted of other serious felonies.

“These defendants were prepared to fight. Not for their country, but against it,” prosecutors said Friday evening leading off their 183-page sentencing request. “In their own words, they were “willing to die” in a “guerilla war” to achieve their goal of halting the transfer of power after the 2020 Presidential Election.”

The recommendation for Rhodes is the longest thus far for any person charged in connection with the Capitol attack, reflecting what prosecutors see as his role in a key organizing figure for members of the far-right militia — even as Rhodes was never alleged to have entered the Capitol building itself on Jan. 6.

It also comes the same day that DC district Judge Amit Mehta, who will sentence Rhodes and the other Oath Keepers members, handed down the harshest sentence yet for a Capitol rioter with a lengthy criminal history accused of repeated assaults against police during the Jan. 6 attack. Mehta sentenced Pennsylvania man Peter Schwartz to more than 14 years in prison Friday afternoon, which was 10 years below what prosecutors had sought.

In the sentencing recommendation for Rhodes and the eight other Oath Keepers defendants, the government is seeking to use a terrorism enhancement in urging the judge to accept an upward departure from the typical sentencing guidelines.

As there is no federal charge specifically for domestic terrorism — prosecutors early on in their investigation into the Capitol attack suggested they could use the terrorism enhancement against convicted rioters to seek harsher penalties for the most egregious conduct and more clearly label their actions attacking the U.S. government.

The DOJ has previously sought to use this enhancement for the first Jan. 6 rioter convicted at trial, Guy Reffitt, but a judge rejected it.

“An upward departure… is warranted for all nine defendants, whose relevant conduct was “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct,” prosecutors say in the filing. “All nine defendants were active participants in a sweeping conspiracy to oppose by force the lawful transfer of presidential power.”

Copyright © 2023, ABC Audio. All rights reserved.

3 suspects charged in shooting death of Black man in Jacksonville

3 suspects charged in shooting death of Black man in Jacksonville
3 suspects charged in shooting death of Black man in Jacksonville
Catherine McQueen/Getty Images

(JACKSONVILLE, Fla.) — Three men have been charged in connection with the killing of a 39-year-old Black man in Jacksonville, Florida.

On May 2, the Jacksonville Sheriff’s Office was alerted to an unconscious individual, and found the victim lying on the ground near a dumpster in downtown Jacksonville with an apparent gunshot wound. He was pronounced deceased by the Jacksonville Fire and Rescue Department, authorities said.

Multiple shell casings were found in the area and the dumpster had “multiple bullet defects,” according to a police report.

Authorities have not yet released the name of the victim.

During the course of the investigation, detectives found evidence that led them to them a possible suspect vehicle in the area where the shooting occurred, the police report says. The report states that a suspect was “observed” chasing the victim and approaching him as the victim was trying to hide behind a dumpster, before the suspect got into the vehicle and left the scene.

Ryan Nichols, 19, was charged Thursday with second-degree murder, according to the sheriff’s office. Daniel DeGuardia, 18, and Holden Dodson, 21, have been charged with accessory after the fact in the murder. The three men are white.

A judge on Thursday advised DeGuardia and Dodson they may have hate crime charges added to their offense, according to local outlet First Coast News. The judge later told the outlet that she based that upon the allegations that the three white men had been chasing the Black victim for no apparent reason.

However, law enforcement agencies told the outlet there is no information yet that evidences a hate crime.

Attorney information for the three men was not immediately available.

Hate crimes bring heavier penalties, according to Florida statutes. In the state, a crime must evidence “prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim” to be considered a hate crime.

Copyright © 2023, ABC Audio. All rights reserved.

Detroit elementary school temporarily closed as illness sickens two dozen, kills one

Detroit elementary school temporarily closed as illness sickens two dozen, kills one
Detroit elementary school temporarily closed as illness sickens two dozen, kills one
Google Maps Street View

(DETROIT) — A Detroit school will remain closed until Monday after dozens of students began experiencing flu-like symptoms and a kindergartner died of flu-like symptoms, the Detroit Public Schools Community District told ABC News.

An elementary student at Marcus Garvey Academy who was sent home last week after experiencing flu-like symptoms later died on April 25, Chrystal Wilson, the assistant superintendent of communications at the Detroit Public Schools Community District, told ABC News.

The following Monday, a number of students at the school began showing flu-like symptoms, including fever and vomiting, and the school advised that those students be sent home.

School and district officials then alerted the Michigan Department of Health and Human Services and the Detroit Health Department that students were experiencing symptoms of an illness. Health officials advised that they were unsure what the symptoms could be attributed to, Wilson said.

By Tuesday, there were less than 25 students experiencing symptoms so health officials advised that the school be closed and a deep cleaning be conducted, Wilson said.

While students were advised to visit their physicians for a diagnosis, health officials believe the illnesses may be related to the H flu, or H. influenzae — a bacteria that can cause a variety of infections in infants and young children, Wilson said.

The infections can be mild, such as ear infections, to serious, like bloodstream infections, according to the Centers for Disease Control and Prevention. Symptoms vary based on the kind of infection but can include fever, chills, vomiting and headaches.

The medical examiner’s office has not yet determined the student’s cause of death, according to Wilson. The medical examiner’s office did not immediately respond to ABC News’ request for comment.

The school has conducted a deep cleaning in classrooms, as recommended by health officials, according to Wilson.

Marcus Garvey Academy will reopen on Monday but students experiencing symptoms are being asked to stay home, Wilson said.

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