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Michigan judge dismisses all suits against Oxford school district related to 2021 shooting

March 4, 2023 by WDNY Radio

(OXFORD, Mich.) — A Michigan Circuit Court judge dismissed all lawsuits filed against the Oxford Community School District in connection with a 2021 school shooting at Oxford High, claiming that the district and its employees have governmental immunity and cannot be sued as the shooter is the most direct cause of the attack.

Nearly a dozen lawsuits were filed by filed by victims and families of victims of the shooting, accusing the school district and several school employees of negligence, gross negligence and violation of the Child Protection Law, among other claims.

Several lawsuits have alleged that accused school shooter Ethan Crumbley had exhibited “concerning behavior that indicated psychiatric distress, suicidal or homicidal tendencies and the possibility of child abuse and neglect,” but the school did not act appropriately. The suits argue that school officials failed to act appropriately to prevent violence when the teenage shooter exhibited several warning signs leading up to the shooting.

Crumbley, 15, a student at the school, allegedly shot and killed four of his classmates and injured seven others in November 2021. Crumbley was charged with 24 counts.

Crumbley pleaded guilty to all charges against him last October. He also admitted that his parents bought him the gun used in the shooting with his own money and that it was kept in an unlocked safe.

The school district has claimed that civil lawsuits filed against it, alleging Fourth Amendment violations, are barred because the district has governmental immunity. Governmental immunity shields government agencies from legal liability if the agency is “engaged in the exercise or discharge of a governmental function,” according to court documents.

In her decision, Oakland County Circuit Judge Mary Ellen Brennan said the conduct of the school district and its employees who were named in the suit were not the “proximate cause” of the victims’ injuries.

The suit accuses several school employees of failing to properly respond to Ethan Crumbley’s conduct in the day and a half prior to the shooting, according to court documents.

Brennan ruled that Crumbley’s act of firing the gun was the most “immediate, efficient and direct cause of the injury or damage,” not the actions of the district and school employees, arguing that their conduct did not cause immediate harm to the plaintiffs.

Ethan Crumbley’s parents, Jennifer and James Crumbley, are also charged with four counts of involuntary manslaughter after allegedly failing to recognize warning signs about their son in the months leading up to the shooting. They have pleaded not guilty.

Attorney Ven Johnson, who represents the families of students who were killed in the shooting, criticized the ruling and the law behind it, saying his clients feel victimized all over again.

“On behalf of our Oxford clients, we are deeply saddened and disappointed by Judge Brennan’s dismissal today of all the Oxford Community Schools defendants. We maintain that governmental immunity is wrong and unconstitutional, and the law should be changed immediately,” Johnson told ABC News in a statement.

He added, “Under the law, everyone should be treated the same. No one should have more rights than others just because they work for the government. If this shooting happened at a private school, this case would be sent to trial and none of these defenses would exist.”

Johnson also called on the Michigan legislature to change the governmental immunity law. He said he plans to appeal the judge’s decision to the Michigan Court of Appeals.

In a statement to district families released to ABC News, the school board said, “we recognize that the decision will affect each of our school community families differently. Oxford is still grieving. Oxford is still healing. As we continue this journey, Oxford Community Schools remains committed to providing a world-class education to our students, a workplace of choice for our staff, recovery supports for our community and a safe and healthy learning environment for all lives in which we are privileged to be a part.”

Bad smells may be leading to some of the reported symptoms in East Palestine: Experts

March 4, 2023 by WDNY Radio

(EAST PALESTINE, Ohio) — Psychosomatic effects may be contributing to the symptoms of headaches, fatigue, or respiratory issues being reported by some residents of East Palestine, Ohio, following a hazardous chemical spill last month, experts say.

But “psychosomatic” does not mean that the symptoms are made up, according to experts. There is a body of evidence that suggests that smelling chemicals believed to be dangerous can induce feelings of stress and fear, which may lead to physical symptoms.

“If you’re in the presence of something where there’s a strong odor in the air, and you’re concerned about the impact of it because you don’t really understand the chemical that produce the odor, you probably start even breathing a little bit differently that can change your heart rate that can change all manner of physiological responses,” Pamela Dalton, Ph.D., a researcher at the Monell Chemical Senses Center, told ABC News.

Researchers have done studies where they have misled people about the danger of a chemical they are smelling and shown that they will experience symptoms under those conditions.

“I can generate these symptoms so easily in an experimental situation and that’s in a situation where I’ve already told people…they’ve signed an informed consent and I’m telling them, I’m not going to hurt you, nothing about this is dangerous, and they still come out of the experience complaining about the same constellation of symptoms,” Dalton said.

It’s been four weeks since a Norfolk Southern train derailed in the town on the Ohio-Pennsylvania border, releasing vinyl chloride, ethyl acrylate and isobutylene into the environment — chemicals that are considered to be very toxic, possibly even carcinogenic with high exposures. These chemicals have been known to cause symptoms including drowsiness, lethargy, headaches and nausea.

Homeowners have been complaining of an array of symptoms including eye and skin irritation as well as nausea and headaches. Recently, a medical clinic opened to address those with health questions and concerns so far — and that they continue to test.

The regional administrator for the Environmental Protection Agency, Debra Shore, told residents this week that officials had not found any chemical levels that posed a health concern.

Air monitoring has not detected any levels of health concern in the East Palestine community since the chemical fire went out on Feb. 8, according to a statement from the EPA. Yet, there are reports that the smell has lingered around the contamination site.

“We call it interoception. It’s like an awareness of how you’re feeling, across your body. Some people are more likely to scan that than others. But when you think you might be exposed to something harmful, it makes perfect sense to think ‘how am I feeling’ right?” Dalton said.

There continues to be many unknowns about the level of exposure, concentration of chemicals, and potential harm to health within the community.

“People are very suggestible when it comes to odors. Having said that, a lot of these irritants do cause a lot of chest congestion, nasal irritation, allergic reactions, and they operate on the autonomic nervous system which will affect breathing, [congestion] of the nose, eye watering and so on,” Richard Doty, Ph.D., director of the smell and taste center at the Perelman School of Medicine, University of Pennsylvania, told ABC News.

The belief that an odor may cause bodily harm may be linked to stress and fear and thus, contribute to a bodily response like an increased heart or respiratory rate.

“People don’t like that term [psychosomatic] because it makes them feel like they’re somehow creating these symptoms. I like to say that it really happens independently of anyone’s wish or desire to feel that but it’s an adaptive response to scanning how you feel in the presence of something that you believe might be dangerous,” Dalton said.

An emotional town hall in East Palestine on Thursday led to residents conveying their frustration with state and federal officials as they expressed their lack of trust and demanded to know why some community members were feeling sick.

“The fact that people are uprooted from their houses, they’re stressed, they coughed and smelled [the chemicals] and then they couldn’t drink the drinking water…and you add all those things together, people aren’t going to believe there’s no problem,” Doty said.

In terms of what people can do, experts emphasized relieving stress may be helpful but that it’s difficult to break the mind-body connection.

“Certainly, I would recommend everybody try some stress relieving…but there isn’t a magic bullet, there isn’t something good we can give them to smell that’s going to break this association. I wish there were,” Dalton said.

California man arrested for transformer bombings had explosive materials in home: Police

March 4, 2023 by WDNY Radio

(SAN JOSE, Calif.) — A California man accused of blowing up two Pacific Gas and Electric transformers allegedly had large amounts of explosive materials and an inactive methamphetamine lab in his home, authorities said.

Peter Karasev, 36, of San Jose, was arrested on Wednesday and faces multiple charges, including two counts of exploding a destructive device, two counts of destroying an electrical line and an arson charge related to the “transformer bombings,” Santa Clara County Deputy District Attorney Victoria Robinson told reporters Friday.

The incidents occurred in January and December 2022 at two separate locations, San Jose police said. The explosions damaged the PG&E transformers, leaving thousands without power.

Detectives determined the incidents may have been linked, and surveillance footage and cell phone pings led investigators to Karasev, who was arrested on Wednesday, authorities said.

A large law enforcement presence descended on his home Wednesday afternoon and has remained active, according to ABC San Francisco station KGO.

“Not only is there explosive material here, there’s chemicals used to manufacture narcotics,” San Jose Police Sgt. Christian Camarillo told KGO.

“Deadly, deadly combination in a residential neighborhood with children in the home,” he added.

Due to the volume of materials, police called in federal resources to help with handling and “rendering safe” the evidence, Camarillo said.

Police said there was an inactive meth lab at the home and that Kaserev allegedly admitted to using methamphetamine as a replacement for Adderall during an Adderall shortage, KGO reported.

A motive for the blowing up of the transformers was not immediately available. ABC News was unable to reach an attorney for Karasev.

Police expect to be processing the scene for several more days, San Jose Police Officer Steven Aponte told KGO on Friday.

Karasev was charged with possessing materials with the intent to create a destructive device for items found in his home, according to Robinson.

He was ordered held without bail during an arraignment hearing on Friday. He is next scheduled to appear in court on April 26 for a plea hearing, online court records show.

While arguing for supervised release during Friday’s hearing, the public defender’s office said that Karasev is a software engineer at a company that develops self-driving cars and is married with three children between the ages of 1 and 5, KGO reported.

Karasev could face more charges as the investigation continues, prosecutors said.

Family of Shanquella Robinson calls for diplomatic intervention months after woman’s death in Mexico

March 4, 2023 by WDNY Radio

(WASHINGTON) — The family of Shanquella Robinson is demanding justice more than 125 days after the 25-year-old was found dead at a luxury resort in Mexico.

Robinson’s family and their attorneys gathered at a press conference in Washington, D.C., and demanded a diplomatic intervention by President Joe Biden and the State Department to help assist in her case.

“Fifteen weeks and three days with all this visual evidence. Nobody has been arrested. Nobody has been arrested,” attorney Ben Crump said at the press conference.

The press conference took place in front of Ben Crump Law’s D.C. office on Friday.

“I plan on talking to the highest levels of our government to say Shanquella Robinson is not irrelevant and you all need to give her the same dignity and respect as any citizen in the United States with merit,” Crump said.

Robinson of Charlotte, North Carolina, was found dead in San Jose Del Cabo, Mexico, in October during a group trip where she and her acquaintances traveled for vacation.

The group allegedly blamed Robinson’s death on alcohol poisoning; however, an autopsy later concluded that she had suffered trauma to her neck and spine.

In a video that went viral shortly after her death, Robinson is seen being severely beaten by another woman in a hotel room while at least two people in the room are watching and recording the incident.

Robinson’s mother Sallamondra Robinson continues to fight for justice for her daughter.

“No one has been arrested,” Sallamondra Robinson said during Friday’s press conference. “The people who knew what happened to my daughter are living their lives. They have returned to work and my family is left to wait and wait to beg for answers.”

Mexican authorities said the investigation is ongoing and an arrest warrant was issued for a suspect in November for the crime of femicide, a form of gender-based violence, according to a local prosecutor.

The warrant was issued for an unnamed alleged perpetrator, “a friend of hers who is the direct aggressor,” said Daniel de la Rosa Anaya, a local prosecutor for the state of Baja California Sur.

“I don’t wish that terrible nightmare on anyone. My daughter was brutally beaten on a video. She was undressed and there was many people that could have helped her. They laugh and joke,” Sallamondra Robinson said.

Mexican authorities have requested that the suspect be extradited from the U.S., but legal experts say it’s unusual for the U.S. to extradite its own citizens.

In a statement to ABC News, a State Department spokesperson declined to confirm or comment on an investigation into Robinson’s death, citing “privacy and law enforcement considerations” and referred questions to the FBI.

“The Department of State has no higher priority than the safety and security of U.S. citizens overseas,” the statement said. “The Department of State supports a thorough investigation into the circumstances of this incident and is closely monitoring local authorities’ investigation.”

An FBI spokesperson told ABC News the bureau’s investigation is ongoing.

“It is now up to the United States Government to make the determination as to whether or not they will prosecute the crime here in the Us. Or whether they’ll extradite this individual back to the Mexican government for prosecution,” said Channa Lloyd, legal analyst and ABC News contributor.

The family is asking for anyone who was involved in the trip to be extradited back to Mexico and face charges.

Sallamondra Robinson wrote a letter on behalf of their family, urging authorities to take swift action.

“I write today to beg you with every ounce of energy I have left in my body — please don’t forget about my daughter Shanquella Robinson,” the letter wrote.

The letter added, “We’re coping the best we can. We are keeping our heads up, we are keeping faith, but it’s hard. We need clarity. We need action. We need intention. And most of all, we need justice for Shanquella.”

ABC News’ Abby Cruz contributed to this report.

Voting rights restored to more than 55,000 Minnesota felons under new voting rights law

March 4, 2023 by WDNY Radio

(MINNEAPOLIS) — Thousands of formerly incarcerated people in Minnesota woke up Saturday morning with a right they lacked the day prior.

On Friday, Minnesota Gov. Tim Walz signed House File 28, which restores the right to vote to convicted felons who complete their term of incarceration. According to the governor’s office, 55,000 individuals who previously were deprived of voting rights now can register to vote, the most significant expansion of that right in Minnesota in a half-century.

“Minnesotans who have completed time for their offenses and are living, working, and raising families in their communities deserve the right to vote,” Walz said.

The new law followed the unsuccessful legal challenge to state law, Schroeder v. Minnesota Secretary of State. The Minnesota Supreme Court ruled last month that the state constitution does not guarantee convicted felons the right to vote. House File 28 passed the Democratic-held Minnesota Senate and House following the court’s decision.

Under the new law, Department of Corrections or judiciary system officials will provide newly released persons a written notice and an application to vote.

“People who are prohibited from voting, they have to pay their taxes, they have to obey all the laws, they have to do everything, but they don’t have any choice in who represents them,” said Minnesota State Attorney General Keith Ellison. “Now they do.”

The passage of the Minnesota law follows a nationwide shift in voting policy to enfranchise those convicted of felonies. According to the nonprofit The Sentencing Project, roughly 4.6 million Americans are disenfranchised due to a prior felony conviction, a 24% decrease since 2016 due to the passage of several state policy changes, as well as a declining prison population through the pandemic.

Despite the change in Minnesota, 11 states still deprive convicted felons of their voting rights indefinitely for some crimes, according to the National Conference of State Legislatures. According to the American Civil Liberties Union, two states, Virginia and Kentucky, permanently deprive anyone convicted of a felony of the right to vote.

Over a million people convicted of felonies are still banned from voting in Florida, making the state the nation’s leader in felon disenfranchisement, according to The Sentencing Project, despite a 2018 ballot referendum when 65 percent of voters decided to restore voting rights in the state. Florida Gov. Ron DeSantis signed a law months later requiring felons to pay outstanding legal financial obligations before being eligible to vote.

A total of 25 states ensure that felons have the right to vote, according to the National Conference of State Legislatures.

Australia will allow prescription MDMA and magic mushrooms for some people with mental illness

March 4, 2023 by WDNY Radio

(NEW YORK) — Australian regulators announced in February that psychiatrists will be able to prescribe psilocybin and MDMA as medication for certain mental health conditions starting July 1 of this year. The move makes Australia the first nation to approve the legal use of MDMA and psilocybin.

This is a major regulatory step forward as medical interest in the use of psychedelic substances for the treatment of mental health conditions has surged in recent years, and as other countries — including the United States — loosen restrictions on their use.

“Australia is creating an interesting model that could pave the way forward for the rest of the world,” Dr. Michael Alpert, a psychiatrist at Harvard Medical School who studies MDMA-assisted psychotherapy for PTSD, told ABC News.

Australia’s new rules allow MDMA to be prescribed for post-traumatic stress disorder (PTSD) and psilocybin to be prescribed for treatment-resistant depression (TRD). Several pivotal research studies suggested the legitimacy of these treatments as new tools in the treatment of mental illness.

A trial published in May 2021, for example, found that MDMA (otherwise known by street names “Molly” and “ecstacy”) can help people suffering from PTSD when given with talk therapy. In the study, one group of people with PTSD received MDMA along with talk therapy, and the other took a placebo with identical talk therapy. This treatment went on for 18 weeks.

Ultimately, 67% of those in the MDMA-assisted therapy group no longer had PTSD after three sessions, compared to 32% in the placebo with therapy group.

Experts think MDMA helps PTSD by adjusting fear and memory circuits in the brain and bolstering social behaviors.

Psilocybin, which is the active ingredient found in “magic mushrooms,” creates psychedelic effects by altering neurotransmitters in the body. Researchers think it may help with depression by altering serotonin to create a positive mental state of interconnectedness, termed a “mystical experience” in research studies.

In a 2021 trial, psilocybin worked just as well as the antidepressant escitalopram, with significant improvements in well-being noted in the psilocybin group.

Many other governments, organizations and businesses have looked favorably upon these research findings, speculating that FDA approval, marketing and distribution of this new class of medication may be imminent.

The U.S. Department of Health and Human Services is anticipating an eventual FDA approval of MDMA and psilocybin treatments, according to a letter from the department in May 2022. Financial experts estimate the market for psychedelic treatments will soon be valued in the billions.

Despite the promise of psychedelic drugs, they also place users in a vulnerable state due to their altered mental status during treatment, said Alpert of Harvard Medical School. As MDMA and psilocybin become legalized for prescription in Australia, the country is thinking proactively about how to ensure proper surveillance and quality of treatment.

They have specified that the medications may only be prescribed by psychiatrists in medically controlled environments. They’re requiring specific training for clinicians to create safe therapeutic conditions, which includes medical and psychiatric evaluation prior to use, monitoring of response, and supportive integration therapy.

“Australia will need to have clinicians demonstrate some familiarity working with these substances, provide a sort of additional training requirement or possibly some degree of clinical supervision while getting started, as well as accountability measures to identify a standard of care for these treatments and consequences for violations,” Alpert said.

Although no other countries have legalized psychedelics for depression and PTSD, others are taking steps to make them more accessible. Canada approved MDMA and psilocybin for those suffering from “life-threatening mental illnesses” in 2022. A number of South American countries, including Brazil, Colombia, Ecuador and Peru, have legal frameworks to allow the use of other psychedelics.

In the United States, many cities and states are taking steps to loosen legal restrictions around psychedelics. The city of Denver, Colorado was first to decriminalize psilocybin, removing legal penalties for possession in 2019. Other cities, including Santa Cruz, California, and Cambridge, Massachusetts, followed suit in 2021.

Oregon became the first state to decriminalize psilocybin and legalize it for therapeutic use in 2020. The drugs are not officially approved for medical use, but the state issues permits to trained facilities allowing them to offer sessions using the drug. Colorado passed similar guidelines in 2022.

Whether the United States will follow Australia’s lead and lift restrictions on MDMA and psilocybin at the federal level is still to be determined. Researchers are still gathering data and regulatory systems are still being developed to ensure that psychedelics are safe, effective and can be responsibly administered.

Experts working in this space will be keeping a close eye on how the Australian policies play out, Alpert says.

“It will be interesting to see what Australia is going to do to ensure that patients receive a consistent standard of care when receiving these services. Proper implementation will be key in ensuring that patients have access to life saving treatments for diseases that lack other great options,” he said.

Nicholas Nissen, M.D., is an author, host of the “Brain Health with Dr. Nissen” podcast and a contributor to the ABC News Medical Unit.

Three children dead, two injured in stabbing at a Texas home

March 4, 2023 by WDNY Radio

(ITALY, Texas) — Three children were fatally stabbed and two were injured Friday in an attack at a home in Italy, Texas, police said.

The sheriff’s deputies responded to a call at around 4 p.m. local time on South Harris Street in Italy, according to Ellis County Sheriff Deputy Jerry Cozby.

Upon arrival, multiple victims were found, including three children that were dead and two others who were wounded and taken to the hospital. All of the victims were children, Cozby said.

A suspect was detained, police said.

“We are shocked by this incomprehensible tragedy, and already working with law enforcement to investigate how this happened, and why,” the Texas Department of Family and Protective Services said in a statement.

The Ellis County Sheriff Department is leading the investigation.

ABC News’ Izzy Alvarez contributed to this report.

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

‘Heat,’ ‘Saving Private Ryan’ co-star Tom Sizemore, dead at 61

March 3, 2023 by WDNY Radio

Actor Tom Sizemore, who appeared in classic films including Heat, Saving Private Ryan, and Black Hawk Down, has died, after suffering a brain aneurysm at his Los Angeles home on February 18.

The actor was rushed to St. Joseph’s Hospital Burbank and listed in critical condition, but according to his manager Charles Lago on February 27, the actor remained in critical condition and in a coma ever since he arrived. Lago’s update explained, “doctors informed his family that there is no further hope and have recommended end of life decision. The family is now deciding end of life matters.”

Sizemore passed peacefully in his sleep at St. Joseph’s with his twin sons and his brother Paul by his side. There will be a private cremation service for the family, with a larger celebration of life event planned in a few weeks, according to Lago.

The versatile character actor was arguably as famous for his off-screen problems as he was for the major films in which he starred. Sizemore battled addiction since he was 15, and over the years ended up running afoul of the law multiple times because of it.

Sizemore also made headlines for his tumultuous relationship with “Hollywood Madam” Heidi Fleiss, with whom he appeared on Celebrity Rehab with Dr. Drew in 2010, and who accused him of assault in 2003.

In February of 2017, he pleaded no contest to assaulting his girlfriend at the time, but his rap sheet also included arrests of suspected battery of another woman in 2009 and 2011, according to The Hollywood Reporter.

In 2019, he was arrested in Burbank, California for misdemeanor drug possession, and in 2020, a Utah judge dismissed a civil lawsuit filed against him by a woman who claim he groped her on the set of a film in 2003, when she was 11. The actor had denied the accusations, and no charges were ever filed at the time.

In 2013, Sizemore published a memoir detailing his career and battle with addiction, titled By Some Miracle I Made It Out of There.

The Detroit, Michigan native appeared in scores of movies including True Romance, Pearl Harbor, and Natural Born Killers, in addition to many straight-to-streaming titles in more recent years.

Amazon pauses construction of second headquarters in Virginia, dubbed ‘HQ2’

March 3, 2023 by WDNY Radio

(NEW YORK) — Amazon has paused construction on its second headquarters in Virginia, known as “HQ2,” the company said Friday.

The first phase of the HQ2 campus, called Met Park, will open in June for 8,000 employees, an Amazon spokesperson said. The company delayed completion of the second phase but it still intends to ultimately bring 25,000 jobs to the headquarters, the spokesperson added.

“We’re always evaluating space plans to make sure they fit our business needs and to create a great experience for employees,” John Schoettler, vice president of Global Real Estate and Facilities at Amazon, told ABC News in a statement.

“Our second headquarters has always been a multi-year project, and we remain committed to Arlington, Virginia, and the greater Capital Region,” he added.

Amazon has faced a challenging business environment after strong performance during the pandemic, when customers stuck at home came to rely on delivery services.

In early January, Amazon announced plans to eliminate just over 18,000 roles, including impending layoffs announced in November.

The news was first reported by Bloomberg.

Shares of Amazon have fallen about 38% over the last year. In early trading after the announcement on Friday, the share price increased about 2%.

The final timing of construction on HQ2 is still being determined, but the company expects the resumption later this year of pre-construction work, such as applying for permits, an Amazon spokesperson said.

In 2018, Amazon announced the selection of New York City and northern Virginia as sites for a second headquarters divided between the two locations. However, the company withdrew its plans from New York City the following year, leaving Virginia as the sole site of its second headquarters.

The company said it remains committed to investing in affordable housing, computer science education and nonprofit groups in the Arlington area.

“We appreciate the support of all our partners and neighbors, and look forward to continuing to work together in the years ahead,” said Schoettler.

grandson digs a grass angel in new “Eulogy” video

March 3, 2023 by WDNY Radio

grandson has premiered the video for his new single, “Eulogy.”

The clip finds the “Blood//Water” artist making a grass angel — as opposed to a snow angel — in the ground. He soon finds himself falling deeper and deeper into the earth, leaving an angel mark that inspires both worship and fear.

You can watch the “Eulogy” video streaming now on YouTube.

The song “Eulogy” was released earlier this week. It follows grandson’s 2020 debut album, Death of an Optimist, and his 2021 singles, “Rain” and “Drop Dead.”

grandson is launching a U.S. tour in May. K.Flay will also be on the bill.

(Video contains uncensored profanity.)

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