National News

Judge rules Trump DOJ 'unlawfully' fired Maurene Comey

Daughter of former FBI Director James Comey Maurene Comey leaves the Albert V. Bryan United States Courthouse, Nov. 13, 2025, in Alexandria, Virginia. (Alex Wong/Getty Images)

A federal judge in New York on Monday ruled against President Donald Trump and the Justice Department over the firing of Maurene Comey, daughter of former FBI Director James Comey, from the Manhattan U.S. attorney's office. 

Judge Jesse Furman said Comey's termination violated civil service rules. 

"Yes, the Attorney General is authorized by law to remove an AUSA. But the Attorney General (and anyone to whom the Attorney General delegates that authority) is also limited by law, namely the CSRA, to do so only in a particular manner and only for certain reasons," the judge wrote.

Furman ordered Maurene Comey, who most recently led the prosecution of Sean "Diddy" Combs, reinstated with back pay.

In addition to calling her termination unlawful, Furman decided Trump and the DOJ violated the separation of powers, the Administrative Procedure Act and Maurene Comey's due process rights. 

"The Department disagrees with this decision and will appeal in due course," a DOJ spokesperson told ABC News.

A spokesperson for the U.S. Attorney's Office for the Southern District of New York declined to comment. 

ABC News has reached out to Maurene Comey for comment.

Furman's ruling outlines that Maurene Comey's reinstatement applies from the date of her termination in July of 2025 until December, when she effectively resigned from her role by accepting a new job in the private sector. 

In ordering Maurene Comey's reinstatement, Furman rejected what he described as the Trump administration's "sweeping and unprecedented theory of executive authority." 

The Trump administration had argued that not only was Maurene Comey's firing lawful under federal statute, but that the laws protecting civil servants were also an unconstitutional intrusion into Trump's authority. 

"The question at the heart of this case is whether these limitations on the removal of Assistant United States Attorneys are consistent with Article II and the constitutional separation of powers," Judge Furman wrote. 

To make its argument, the DOJ pointed to the Supreme Court's decision in Trump v. Slaughter -- where the justices effectively supercharged presidential power by greenlighting the firing of the leaders of independent federal agencies -- and the Trump v. United States immunity case

"On their view, AUSAs who represent the United States in criminal cases in court exercise prosecutorial and investigatory functions that fall squarely within the President's 'conclusive and preclusive' powers," Furman wrote. "Accordingly, they argue, the President -- and, by extension, the heads of departments appointed by the President -- must have the power to remove such AUSAs for any reason or no reason at all." 

But Furman rejected the DOJ's interpretation of the legal precedent, pointing to decades of other cases which affirm the legal protections for line prosecutors. He also noted that neither case cited by the DOJ applies to inferior officers or "supports their sweeping and unprecedented theory of executive authority." 

"Defendants' argument is contrary to an unbroken line of Supreme Court decisions dating back almost two centuries, and the Supreme Court itself has not formally overruled any of those decisions. That is sufficient, in itself, to reject the argument," wrote Judge Furman. 

To accept the DOJ's argument, Furman wrote, would "unsettle the very equilibrium established by this Nation's constitutional system." 

Maurene Comey was an assistant U.S. attorney who successfully prosecuted Ghislaine Maxwell, the former associate of sex offender Jeffrey Epstein, and multiple gang members before the split verdict last year in the trial of Combs, who was convicted of a prostitution-related charge but acquitted of more serious charges.

She was also involved in the office's case against Epstein, who died by suicide in 2019 at New York City's Metropolitan Correctional Center while he was awaiting trial on federal sex trafficking charges.

Trump fired James Comey during his first term in office after Comey announced publicly that Trump's 2016 campaign was being investigated over potential ties to Russia.

Prior to Maurene Comey's firing, Trump privately vented about having a Comey work in his administration, sources previously told ABC News.

Earlier this year, Furman blocked the Justice Department's attempt to move Maurene Comey's lawsuit over her firing as a federal prosecutor out of court.

The Justice Department argued at the time that her case belongs before the Merit Systems Protection Board and not in federal district court.

Furman decided the case belongs with him because Maurene Comey was fired pursuant to the president's executive authority and not the usual procedures for civil servants. 

"Maurene Comey was, by all accounts, an exemplary Assistant United States Attorney. In her nearly ten years working at the United States Attorney's Office for the Southern District of New York, she was assigned some of the country's highest profile cases, and she consistently received the highest accolades from supervisors and peers alike," the judge's opinion in April said.

The DOJ, in court filings, has characterized Comey's case as routine.

"A federal employee's claims that removal from federal service was arbitrary and capricious or conducted in a manner that did not provide the process to which they contend they were due is not a novel issue," government attorneys previously said.

Following her termination last year, Maurene Comey told colleagues in a farewell email that she was fired as a federal prosecutor without being told a reason but urged them not to succumb to the "fear" she said her firing could cause.

"If a career prosecutor can be fired without reason, fear may seep into the decision of those who remain," Comey said in her email, a copy of which was obtained by ABC News. "Do not let that happen."

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15-year-old arrested in connection with shooting near FAMU

Sign for Florida Agricultural and Mechanical University, commonly known as Florida A&M, is a public historically black university in Tallahassee, Florida. (Getty Images stock photo)

A 15-year-old was arrested in connection with a shooting near Florida A&M University over the weekend, which left 12 injured, including six children, the Tallahassee Police Department announced on Monday morning. Eleven of those who were injured had gunshot wounds.

Authorities said they made the arrest on Sunday.

The individual arrested, Anthony Rivers III, will face 11 counts of attempted second-degree murder and possession of a firearm by a delinquent, police said.

State attorney Jack Campbell said Monday he would be prosecuted as an adult.

According to police, "preliminary findings indicate a physical altercation occurred" before the shooting on Saturday night near Perry and Manatee streets just outside Florida A&M University's Bragg Memorial Stadium.

"Detectives believe the incident stemmed from a dispute between individuals known to one another. At this stage of the investigation, none of the victims appear to have been the intended targets," according to police.

Police added that the investigation remains "open and active" and said more arrests are possible.

"What should have been a weekend of celebration in our community instead became a night of fear and violence for the victims and their families,” Tallahassee Chief of Police Lawrence Revell said in a statement.

The statement continued, "While this arrest marks a significant step forward, our work is far from over. We remain committed to holding those responsible accountable and getting answers for every family impacted by this tragedy."

Revell spoke with reporters during a late-night press conference after the shooting.

"We know that our youngest victim is 11 years old. At least three of our victims have sustained serious injuries and one of those is in critical condition. Eight of those are reported to be in stable condition," he said.

In a Sunday morning update, the Tallahassee Police Department said that six of the victims remain hospitalized, with one in critical condition. Five other victims have been released from the hospital, police said.

The person who was injured but not from a gunshot was "a grandmother of one of the victims," the chief said, adding that she "injured herself fleeing from the scene."

FAMU President Marva B. Johnson released a video statement Sunday afternoon, saying that while the shooting did not occur on her campus, the school is offering care and support to "members of our FAMU family who were injured in the tragic incident."

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Convicted murderer escapes Tennessee prison: Authorities

(Getty Images stock photo)

Authorities are searching for 28-year-old Jacob Morley, a convicted murderer who escaped from a Tennessee prison, the Tennessee Department of Correction (TDOC) announced Monday.

Morley, who is serving a life sentence, escaped from the Northwest Correctional Complex, the agency said.

"At approximately 11:30 p.m. on October 25, 2026, staff at NWCX confirmed Morley was unaccounted for and immediately conducted an emergency count and search of the facility," the agency said.

Security cameras "confirmed Morley breached the perimeter fence and exited the facility in his TDOC uniform," officials said.

"TDOC is committed to protecting the safety of the public and is asking the community to immediately contact law enforcement with any sightings or information," TDOC said in a statement.

The agency said it is working with local, state and federal law enforcement to apprehend Morley.

According to the agency, Morley was serving a life sentence for a conviction in Carter County, Tennessee, for crimes including first-degree murder, aggravated burglary, tampering with evidence, evading arrest and vandalism.

A wanted poster from the TDOC describes Morley as 5 feet, 11 inches tall and weighing 240 pounds with green eyes and brown hair.

"If you have any information regarding the whereabouts of Jacob Morley, please contact the Tennessee Department of Correction at 1-844-832-3463 or 911," the poster read.

Sheriff Bryan Avery of the Lake County Sheriff's Office, where the prison is located, asked the public to remain "vigilant and exercise caution."

"Anyone who encounters or believes they have spotted Morley should not approach, confront, or attempt to apprehend him," Avery said in a statement Monday. "Instead, immediately dial 911 and provide any relevant information to law enforcement."

Northwest Correctional Complex, located in Tiptonville, Tennessee, is a prison with "the operating capacity to house 1,776 male inmates with custody levels ranging from minimum to close," according to the Tennessee Department of Correction.

According to ABC News Tennessee affiliate WJHL, Morley was found guilty of murder in 2022.

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Teen charged with murder in hit-and-run that killed two friends on e-bike pleads not guilty

Vincent Battiloro, center, appears in court in Union County, New Jersey, Oct. 26, 2026. (Pool via ABC News)

A New Jersey teen accused of intentionally ramming his SUV into two 17-year-old girls riding an e-bike, killing them, pleaded not guilty to murder charges on Monday.

Vincent Battiloro, 18, appeared in court for his arraignment on Monday, following his indictment earlier this month on two counts of first-degree murder.

The victims -- Maria Niotis and Isabella Salas, both 17 -- were killed on Sept. 29, 2025, after authorities said a Jeep Compass struck them while the two friends were riding the e-bike on a residential street in Cranford, then fled the scene.

Battiloro, who was 17 at the time, was arrested two days later and initially charged as a juvenile with murder. He was waived to adult court in June.

Battiloro did not speak during Monday's hearing, his first since being charged as an adult. One of his attorneys entered his plea on his behalf.

The next hearing in the case has been scheduled for Dec. 14. ABC News has reached out to his attorneys for comment on the charges but did not immediately receive a response.

Family members of the victims attended Monday's hearing, wearing sweatshirts with their names and faces printed on them.

"Maria and Isabella should be alive today," their families said in a joint statement on Monday. "These families, and every parent in this community, deserve to know how this unspeakable catastrophe was allowed to happen."

The families call on the New Jersey attorney general to open an investigation "concerning the events leading to the deaths of Maria and Isabella, including investigating all law enforcement's dealings and interactions with Vincent Battiloro and his family."

The families of the girls had alleged in a statement following Battiloro's arrest that the suspect plotted an attack against Niotis for months, killing her and also her friend in the "horrific act."

Authorities have not commented on an alleged motive.

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Flash-flood threat continues in the Southwest, but outlook is improving

The flash flood threat continues, October 25, 2026, with a level 2 of 4 flood threat from western Texas up to southwest Kansas. (ABC News)

Parts of the Southwest could see more flash flooding Sunday after heavy rains caused flooding on Saturday in New Mexico and Colorado.

While the severe storm threat is less today, some storms Sunday afternoon and evening could be strong enough to produce gusty winds, isolated large hail and possible tornadoes.

A large area stretching from western Texas up into southwest Kansas is under a level 2 out of 4 threat Sunday for flooding.

Possible rainfall rates in parts of the Southwest could reach 2 inches per hour later Sunday.

Due to the ground being saturated from consecutive days of heavy rain across the region, the threshold for flash flooding is low for these areas, meaning it wouldn't take much rain to cause rapid flash flooding.

The flood threat from Western Texas to southwest Kansas is expected to start winding down Monday, but some spotty flooding is still possible.

On Saturday, the San Juan River in New Mexico crested at 21 feet, the highest recorded crest since 1935, causing the river to overflow its banks and flood neighborhoods in Shiprock.

 

Onshore flow brings high-tide flooding to Southeast coast

 

In the Southeast, persistent onshore winds are expected to produce gusty winds and coastal flooding on Sunday.

An area of high pressure over the Northeast, combined with a non-tropical low-pressure system in the Atlantic, are creating a corridor of persistent winds blowing onshore over the Southeast coast.

Gusts of 20 to 35 mph are possible along the coast from Sunday to Tuesday.

The blustery conditions, combined with king tides in the area -- the highest high tides of the year -- have prompted coastal flood alerts through Tuesday from Miami to North Carolina's Outer Banks.

Southeast Florida, from Port St. Lucie to Miami, is under a level 2 out of 4 flash-flood threat on Sunday.

Minor to moderate flooding is expected to occur during high tide, with major high-tide flooding possible for parts of the Florida and Georgia coasts.

Rough surf, rip currents and waves up to 12 feet are also possible in coastal waters from Florida to the Carolinas through Tuesday.

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12 injured, including 6 children, in shooting near Florida university, police say

Getty Images/Stock Photo

At least 12 people were injured, including six children, amid a Saturday evening shooting in Tallahassee, near the campus of Florida A&M University, officials said.

Eleven of those who were injured had gunshot wounds, Tallahassee Chief of Police Lawrence Revell told reporters during a late-night press conference.

"Six are adults and six are juveniles," he said. "We know our youngest victim is 11 years old. At least three of our victims have sustained serious injuries and one of those is in critical condition. Eight of those are reported to be in stable condition."

The person who was injured but not from a gunshot was "a grandmother of one of the victims," the chief said, adding that she "injured herself fleeing from the scene."

In a Sunday morning update, the Tallahassee Police Department (TPD) said that six of the victims remain hospitalized, with one in critical condition. Five other victims have been released from the hospital, police said.

No arrests had been announced as of Sunday morning. Police said they are working to identify those responsible for the shooting and sought the public's help, asking anyone with information about the shooting to contact investigators immediately. Police also asked that anyone with photos or video share them with investigators.

"We will determine what happened, identify those responsible, and get answers for all of the victims, their families and everyone impacted by this tragedy," Revell said in a statement released on Sunday. "We know there are people who saw something, heard something or may have video that could help us piece together exactly what happened."

"We need our community's help. No detail is too small, and no piece of information should go unreported," Revell added. "If you know something, please share it with our detectives. Your information could be the key to holding those responsible accountable."

Police described the shooting as an "altercation [that] occurred between individuals" near the intersection of Perry and Manatee Streets, just outside Florida A&M University's Bragg Memorial Stadium.

FAMU President Marva B. Johnson released a video statement Sunday afternoon, describing the shooting as an "evil act."

Johnson said that while the shooting did not occur on her campus, the school is offering care and support to "members of our FAMU family who were injured in the tragic incident."

She did not say if any students or faculty were among those injured.

"To our Rattler family and our surrounding Tallahassee community, I share your outrage and profound sadness at the senseless and despicable shooting that took place near our FAMU campus last night," Johnson said in the statement.

She added that free counseling support will be offered to students, saying, "A horrific act of violence like this is traumatizing for our students, whether you were near the event or not."

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Cornell University student named in Jane Doe's civil suit seeks to be dropped from case

Students walk on the campus of Cornell University, October 10, 2026 in Ithaca, New York. (Anna Moneymaker/Getty Images)

One of the Cornell students who was named in a civil lawsuit by a former undergraduate student known as Jane Doe, has asked a judge to drop him from the suit.

The lawsuit claimed that during an alleged 2024 gang rape, Diego Sarabia approached Jane Doe, "grabbed her face and started kissing her, all without her consent," before she pushed him away.

Doe's lawsuit also alleged Sarabia was among the Chi Phi fraternity brothers who allegedly snorted ketamine off her body.

In a motion Friday to dismiss Jane Doe's complaint, James Knox, Sarabia's attorney, wrote that Doe did not allege in her suit that Sarabia "supplied her with drugs or alcohol, participated in any of the alleged sexual encounters described elsewhere in the complaint, or was even present for most of the conduct that forms the basis of plaintiff's broader allegations."

All seven frat brothers have denied wrongdoing and Sarabia argued he was not part of the most severe conduct alleged in the lawsuit.

"As far as defendant goes, this is essentially a lawsuit about an allegedly forced kiss," Knox wrote in a Friday motion to dismiss Jane Doe's complaint. 

The lawyer argued it is now too late for Jane Doe to bring a claim against Sarabia.

"Any intentional tort arising out of that alleged conduct is foreclosed by a strict one-year statute of limitations because plaintiff commenced this action nearly two years after the alleged events," Knox wrote.

Doe's attorney has not yet filed a response to the motion.

The motion came a week after a New York judge rejected a request by Sarabia's attorney to impose a gag order.

Knox argued that a gag order would limit "possible juror prejudice" and prevent the potential release of sensitive information that could lead to " threats, doxing, intimidation, and extrajudicial contact."

Judge Phaedra Perry-Bond called the request a "side show" that's "meant to muddy the waters and distract from the merits of the claims and defenses involved in this case."

New York Attorney General Letitia James, who was appointed special prosecutor by Gov. Kathy Hochul, is conducting an investigation into the incident. Cornell, which said it fully supports the appointment of a special prosecutor, is also conducting an internal probe of its response to the allegations.

Cornell has said it takes allegations of allegations of sexual violence "extremely seriously" and that it "investigated and adjudicated the allegations consistent with university policies."

At the same time, the university has said it is committed to taking additional steps to improve campus safety.

The case has rocked the university and started conversations about treatment of sexual assault allegations on college campuses across the country.

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Former NBA player Malik Beasley to plead guilty in federal sports betting case: Court filing

In this April 24, 2025, file photo, Malik Beasley #5 of the Detroit Pistons shoots the ball during the first half against the New York Knicks in Game Three of the Eastern Conference First Round NBA Playoffs at Little Caesars Arena in Detroit, Michigan. (Gregory Shamus/Getty Images, FILE)

Former NBA player Malik Beasley intends to plead guilty to federal charges that accused him and five others of taking part in a bribery and betting scheme, according to a court notice filed overnight Saturday.

Beasley, 29, had previously pleaded not guilty to four federal counts -- bribery in sporting contests, wire fraud conspiracy, honest services wire fraud conspiracy and money laundering conspiracy -- but the docket notice did not indicate what he would plead guilty to.

The judge overseeing Beasley's case referred a "change of plea" to a federal magistrate in Brooklyn who will schedule a hearing at which Beasley will formally plead guilty.

His attorney couldn't immediately be reached for comment.

Beasley, who played for six different NBA teams over a nine-year career, allegedly agreed to underperform his statistics during the 2023-2024 season when he played for the Milwaukee Bucks so gamblers could win their bets, according to prosecutors.

He had earned tens of millions of dollars during his career, but federal prosecutors accused Beasley of accumulating "multi-million dollar gambling losses" when he became part of the alleged scheme.

The indictment mentioned four games in which Beasley would allegedly fix his performance while playing for the Bucks: against the Cleveland Cavaliers on Jan. 26, 2024; against the Charlotte Hornets on Feb. 27, 2024; against the Los Angeles Clippers on March 10, 2024; and against the Brooklyn Nets on March 21, 2024.

According to the indictment, Beasley's co-defendants allegedly selected games that would not be nationally televised and Beasley allegedly decided whether he would underperform or overperform his scoring and rebounding.

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German teen arrested on suspicion of murder in connection with US girl's death

The FBI seal is shown in the election security command center at FBI headquarters on Nov. 4, 2024. (ABC News)

A German teenager has been arrested on suspicion of murder in connection with the death of a 14-year-old girl in the United States, according to the FBI.

The 18-year-old is suspected of manipulating an Indiana teen over a social platform into harming herself and taking her own life, according to prosecutors in Germany.

The FBI said Friday it worked with local Indiana authorities to investigate the teenager's death and shared evidence with German authorities. The suspect was arrested on Thursday, prosecutors in Hamburg said.

The girl was from Fort Wayne, according to the Fort Wayne Police Department, which investigated her death.

"After a thorough criminal investigation, the Homicide Unit identified a suspect who contributed to the juvenile’s death," the police department said in a statement Friday. "Investigators identified him as an adult male residing in Germany and collaborated with federal partners at the Federal Bureau of Investigation and authorities in Germany."

Officials have not publicly identified the girl or the suspect.

Hamburg prosecutors said the German national, who was 17 at the time of the alleged offenses, is suspected of manipulating "a psychologically vulnerable" American girl through the social platform Discord between September and October.

Prosecutors are investigating reports alleging the suspect demanded the girl to inflict severe self-harm and then to take her life on Oct. 2.

Whether the death was recorded on video "remains a subject of the ongoing investigation," Hamburg prosecutors said.

The suspect allegedly tried to obtain footage of the death and "threatened the girl's social circle, stating that he would otherwise publish her personal data as well as compromising images of her," prosecutors said.

Prosecutors believe the suspect sought to use the footage to gain status within or to gain entry to the so-called "NMK" (Nefarious Maniac Kult), which they said is modeled on groups linked to the online "COM network" such as "764."

A Discord spokesperson said in a statement to ABC News on Monday that the company "has been aggressively disrupting the 764 subculture and affiliated groups since 2021, when we first identified these actors."

"We were among the first to share intelligence with law enforcement and alert other major online services, and have since removed thousands of servers, banned users, and filed numerous CyberTip reports with NCMEC [National Center for Missing & Exploited Children] related to 764 and other sadistic harm actors," the statement continued. "We continue to work closely and proactively with law enforcement and industry partners to identify, disrupt and prevent these groups from causing harm."

Last week, authorities in Fort Wayne warned the community about what they called the online extremist network 764 and "splinter groups" that they said target vulnerable teens through social media and gaming websites.

"The most concerning thing that we're seeing is these groups are encouraging these young people that they're targeting to commit self-harm, cutting, carving symbols and words into their bodies," Fort Wayne Police Department Det. Brian Martin said at a news conference on Oct. 14.

"They're encouraging our children to send explicit photos, nude photos of themselves. They're encouraging our young people to commit self-mutilation. They are encouraging to harm family pets, to torture pets," he continued.

He added, "They're such predators that they want this to be video recorded or live streamed to them while they're doing this."

Previously, Discord has said that disrupting the 764 network and affiliate groups "has been among Discord's highest priorities" and that it has taken steps to remove thousands of "servers" and invested in new ways to detect the groups.

ABC News' Jason Volack contributed to this report.

If you are struggling with thoughts of suicide or worried about a friend or loved one, call or text the Suicide & Crisis Lifeline at 988 for free, confidential emotional support 24 hours a day, seven days a week.

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Six Flags announces new safety measures for Goliath coaster following rider death

The tracks of the Goliath roller coaster are seen in the sky above Six Flags over Georgia on Oct. 14, 2026, in Austell, Georgia. (Elijah Nouvelage/Getty Images)

Six Flags administrators announced Saturday that they will institute new safety measures, including seatbelts, for the Goliath coaster at the company's Georgia park, nearly two weeks after a rider was killed when he fell off the ride.

Administrators said that the hyper coaster at Six Flags Over Georgia will remain closed as they continue to inspect it and investigate Hassan Jihad Ibn Kariem's death, but they are committed to making changes to the ride.

Kariem, 42, an IT manager, teacher and robotics coach at an Atlanta school, was "ejected from the ride and struck other patrons before falling beneath the attraction," the Cobb County Police Department said in the wake of the Oct. 12 incident.

He was at the Six Flags park with several family members to celebrate his niece's birthday and was sitting beside his niece when he was ejected from the roller coaster, a relative told ABC News.

In addition to installing the seat belts on Goliath, which Six Flags said had lap-bar restraints, the park said it has "engaged independent engineers and ride inspection specialists to comprehensively review current safety procedures across our entire portfolio of rides and attractions, across all of our parks."

"We are committed to carefully evaluating their findings and taking appropriate action to further strengthen our standards and culture of safety," Six Flags said in a statement.

The investigation by the park and police into the incident, where other people had said they were injured, is ongoing.

Six Flags Over Georgia is located in Austell, west of Atlanta. The Goliath roller coaster reaches an elevation of 200 feet and speeds up to 70 mph, according to the amusement park's website. The ride first opened in 2006.

After the incident, Six Flags temporarily closed nine similar coasters including Nitro in Great Adventure in New Jersey, as a precaution.

One of the coasters, Goliath at Six Flags Magic Mountain, has since reopened, according to the park.

On Saturday, Six Flags said eight of those coasters remained closed and will have the seat belts or other restraints installed.

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DOJ preemptively sues to block Alaska Senate results if Republican narrowly loses

U.S. Sen. Dan Sullivan (R-AK) stands on the tarmac during the arrival of U.S. Vice President JD Vance at Elmendorf Air Force Base on Oct. 5, 2026, in Anchorage, Alaska. (Jacquelyn Martin - Pool/Getty Images)

The Trump administration has preemptively filed a lawsuit to block the certification of the Alaska Senate race if Republican Sen. Dan Sullivan loses the race, citing name confusion among the candidates.

Republicans have alleged that Alaska Senate candidate Dan J. Sullivan is running a sham campaign to purposefully confuse voters and draw votes away from incumbent Sen. Dan S. Sullivan based on their names being similar.

An earlier legal challenge to the candidacy was rejected by Alaska’s supreme court, which ordered that Dan J. Sullivan be included on the ballot. 

"Should Alaska certify any electoral results tainted by the inclusion on the ballot of Daniel J. Sullivan ... the State and its officers will fail in its obligation to protect the integrity of its election," the number-three ranking official at the Department of Justice, Stanley Woodward, wrote in the Thursday filing.

In bringing the case, the Justice Department says it's guarding against the possibility that Sen. Dan S. Sullivan loses in a manner that suggests he would have won were it not for votes cast for Dan J. Sullivan. The incumbent senator is facing Democratic challenger Mary Peltola, as well as Dan J. Sullivan, who is appearing on the ballot without a party affiliation.

"To guard against this danger, it is vital that Defendants not certify any election result that may be impacted by voter confusion. An election result may be impacted by voter confusion if: (1) Senator Sullivan does not win the election; and (2) had all votes cast for Daniel J. Sullivan been cast instead for Senator Sullivan and Alaska's rank-choice process played out accordingly, Senator Sullivan would have won the election," Woodward wrote.

A Justice Department spokesperson said in a statement, "Alaska's Division of Elections determined that Mr. Daniel J. Sullivan's candidacy was intended to mislead voters and compromise the fairness of the ballot. Therefore, the Justice Department, consistent with the National Voter Registration Act enacted by Congress, is taking the necessary steps to ensure that this frivolous candidacy does not undermine the integrity of Alaska's election or the will of its voters."

The Alaska Secretary of State's office did not immediately respond to a request for comment from ABC News. Campaign spokespeople for Peltola, Sen. Sullivan and Dan J. Sullivan did not immediately respond to requests for comment.

On Wednesday, President Donald Trump posted on social media that he was looking at "powerful legal options" to remove Dan. J Sullivan from the ballot.

Over the summer, Alaska's election office said that Dan J. Sullivan would be removed from the ballot because the office determined his candidacy was not in good faith, but was meant, per an official, "to confuse or mislead and to thereby compromise the ballot's fairness or neutrality."

Dan. J Sullivan then sued the state over the decision, and a state judge ruled that he was eligible to be on Alaska's Senate primary ballot. The Alaska Supreme Court upheld the ruling, after which the DOJ began investigating.

Fielding questions from reporters just hours before the lawsuit was filed, Attorney General Todd Blanche wouldn't rule out the DOJ intervening in a state's election process, but suggested only a "doomsday scenario" would warrant such action.

"I mean, is there any scenario? Yes, of course. There's scenarios that we could all come up with hypothetically, you know, some doomsday scenario, for example, right?" Blanche said. "It is not DOJ's intention to, and it's never our intention to improperly interfere with elections or the state confirmation process or certification process."

ABC News' Devin Dwyer contributed to this report.

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Florida police officer accused of taking over dead man's home

View of a Lauderhill Police Department patrol vehicle. (Wayne K. Roustan/South Florida Sun Sentinel/TNS via Getty Images)

A Florida police officer has been charged after allegedly orchestrating a "complex scheme" to control a deceased person's home, according to an incident description from the Broward County Sheriff's Department and an arrest affidavit.

Brian Louis Sguros, an officer with the Lauderhill Police Department in South Florida, was arrested on Oct. 20 on charges including "official misconduct, criminal use of deceased personal identification, criminal use of personal identification information, offense against computer user and unlawful use of two-way communication device," according to the sheriff's department.

According to the incident description, Sguros responded as a backup officer to a Lauderhill address for a welfare check on resident Dennis West on July 11, 2022. West was "deceased inside the home.'

According to the report, "detectives say Sguros became involved in West's post-death affairs."

In one instance, "Sguros represented himself to the Broward County Medical Examiner's Office as West's friend, although there is no indication he knew West, and stated that West had no living family, which was untrue," according to the sheriff's office.

The affidavit identifies several surviving family members and lawful heirs of West.

The sheriff's office alleges Sguros "paid the taxes and utilities at the home in West's name and used West's identification to make it appear that West was still alive" in order to get the city to issue a permit for repairs.

According to the affidavit, which cites Sguros' prior sworn statements, he "cleaned, secured, repaired, stabilized, and rehabilitated the property," spending over $200,000 of his own money. 

He claimed, "he acted because the property was hazardous and he wanted to prevent squatters and criminal activity," according to the affidavit.

A detective with the sheriff's office "indicated that Sguros also forged West's signature on the permit," according to the report.

According to the sheriff's department, investigators alleged Sguros "used his access to law enforcement databases to obtain information about West."

The incident report says the charges against Sguros follow a joint investigation by the Broward Sheriff's Office and Broward County Property Appraiser's Office Crimes Against Property Unit.

"According to investigators, Sguros filed paperwork with BCPA in Feb. 2025 stating his possession of the property dated back to Aug. 2022, just weeks after West's death," the incident report said.

ABC News has reached out to the Lauderhill Police Department for additional information and an update on Sguros' employment status.

According to WSVN, Sguros is on administrative leave without pay from the Lauderhill Police Department, pending the case's result.

Sguros appeared in court Wednesday, Oct. 21, and was released later that day after posting bond. A judge ordered him to stay away from West's home.

ABC News has attempted to reach out to Sguros for comment.

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How Dee and Dale Warner's marriage took a deadly turn

Rikkell Bock remembers her mom, Dee Warner, as somebody who wanted "to take care of people." (ABC News)

It wasn't unusual for Dee Warner to leave home when she was upset, her family and friends said. April 25, 2021, however, was different.

That day, the 52-year-old businesswoman and mother of five disappeared and didn't respond to messages or calls, sparking an investigation that lasted years.

A new "20/20" episode, "Help Dale Find Dee," airing Friday, Oct. 23, at 9 p.m. ET on ABC and streaming the next day on Disney+ and Hulu, examines Warner's case.

You can get more behind the scenes of each week's episode by listening to "20/20: The After Show" weekly series right on your 20/20 podcast feed on Mondays, hosted by "20/20" co-anchor Deborah Roberts.

Warner, who lived in a small community in southeastern Michigan, was known for her fiery personality and care for others.

"[She was] vibrant, loving, nurturing," her daughter Rikkell Bock told ABC News' Linsey Davis. "Always somebody that was wanting to take care of people."

Bock went to Warner's house that Sunday morning with her partner and two children, but her mother was nowhere to be found. She began to worry after her mother didn't respond to messages and calls.

Warner's husband, Dale, said he saw his wife at 6 a.m. that day, when he left to go spray the crops the couple managed on their farm. Her children called police that Sunday evening to report her missing.

Dale Warner told authorities in initial interviews that he was not worried about Warner's disappearance, as it was typical for her to leave after an argument, which he said the couple had engaged in the night before she went missing. He insisted he had no knowledge of her whereabouts.

Searches of the home revealed no initial evidence of a murder scene. Warner appeared to have taken her toiletry bag and hair tools with her, and her wedding ring was left on Dale Warner's desk.

After requesting a ping of Warner's phone, police discovered it had been off since 7:14 a.m. on Sunday.

The Warners owned an agricultural business, a trucking company, and a commercial spraying and farm services company. According to prosecutors, the only part that was going well financially at the time of Warner's disappearance was the trucking company, which was entirely in her name. The others were shared with Dale Warner.

On the night of her disappearance, Warner was supposedly planning on telling her husband she wanted a divorce, according to her friend Stephanie Voelkle.

Suspicious of Dale Warner and his apparent lack of assistance in search efforts, Warner's brother, Gregg Hardy, bought a billboard that read "Help Dale Find Dee" to put pressure on his brother-in-law.

It escalated when townspeople began urging state police to take over the investigation and took to the streets chanting "Jail for Dale." The Lenawee County Sheriff’s Office ultimately turned over the case to the Michigan State Police.

Investigators learned Dale Warner had made an internet search following Warner's disappearance in which he clicked on a video showing how to bury a 1,000-gallon propane tank.

Michigan State Police launched a large-scale search of the couple's property, which spanned 1,500 acres. Believing Warner could be buried somewhere there, teams began searching underground.

Warner's family member also reported tracks from heavy machinery leading up to the house where a car was usually parked, indicating the machine could have been used to haul Warner's body from the house.

Though a body had not yet been found, police felt they had enough information to arrest Dale Warner in November 2023. He pleaded not guilty to the murder of his wife.

Eventually, police came across a suspicious looking anhydrous tank -- a heavy-duty, pressurized metal container -- on the property with a fresh coat of paint and sticker that read "do not use." An X-ray revealed Warner's body inside -- she was in her pajamas, barefoot and wrapped in a tarp.

The body was well-preserved due to the tank's conditions, and medical examiners determined that she died of strangulation and blunt force trauma to the head.

In February 2026, at Dale Warner's trial, prosecutors alleged that killed his wife and stored her body in the tank. They claimed he learned that night he was facing a divorce that would have left him with a struggling farm business.

Dale Warner was found guilty and sentenced to up to 70 years in prison. His attorney said he will seek an appeal.

Hardy said he grieved his sister the day he knew she was gone, and that his life will never be the same without her. Warner's daughter, Bock, wants to remember who she was in life.

"What happened to her does not define who she is," Bock said. "She was a strong, strong woman and the people that knew her the most knew that they could rely on her for whatever it was and that is the truth. She was a good person."

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Charlie Kirk's family wants capital murder trial to start next year: Court filing

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The family of conservative activist Charlie Kirk is asking that the trial of his alleged murderer begin next year -- sooner than the timelines suggested by the state and defense, according to new court filings.

The suspect, Tyler Robinson, is due in court on Friday for a hearing that's expected to set a timeline for the capital murder case, including trial dates.

The defense has asked that the capital trial start in the third quarter of 2029, arguing in a memo filed Wednesday that that timeline is consistent with other capital cases in the state. The defense anticipated that the trial could take six to seven months and would require "substantial time" for jury selection. The defense also noted they plan to undertake a venue study and, depending on the results, may request a change of venue for the trial.

In the state's own filing, prosecutors said they anticipate the trial lasting 17 weeks and that they could be ready to start as soon as Oct. 4, 2027. However, the state recommended that the trial begin on Jan. 31, 2028, to avoid the "worst of the winter season" as well as the Thanksgiving and Christmas holidays.

In response to both filings, Kirk's widow, Erika Kirk, asked the court to "enforce the right to a speedy disposition" and set the trial for as early as possible in 2027, no later than the state's anticipated readiness date of Oct. 4, 2027, to avoid "needless delay."

"Under the Defendants’ proposed schedule, Mr. Kirk’s two children, who were one and three at the time he was murdered, will be six and eight years old by the time the trial concludes," a motion filed on Erika Kirk's behalf Thursday stated. "They will face the uncertainty of this criminal proceeding longer than they had their father in their lives. Each hearing induces anxiety, pain, and mourning. The Kirk family deserves to have this matter resolved expeditiously."

The motion also argued that a 2029 trial start will come at a "great cost to the taxpayers of Utah."

The pretrial conference on the matter is scheduled for Friday afternoon before Judge Tony Graf.

Robinson is accused of killing Kirk with a rifle shot fired from a building's rooftop approximately 415 feet from where the co‑founder of the conservative student organization Turning Point USA was speaking at an outdoor rally at Utah Valley University in Orem, Utah, on Sept. 10, 2025.

The 23-year-old suspect was charged with aggravated murder, a capital felony, which alleges that others were knowingly endangered in the shooting. He was also charged with felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and commission of a violent offense in the presence of a child.

Last month, Judge Graf found probable cause for Robinson to stand trial on all charges. The judge also found that there was a reasonable known risk of death to others at the time of the shooting, allowing prosecutors to pursue the death penalty.

Robinson has pleaded not guilty to the charges.

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Body-camera footage released in police shooting of Miss. 1-year-old Kohen Wiley as family speaks out

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The Mississippi Bureau of Investigation has released the body camera footage of the officer-involved shooting of 1-year-old Kohen Wiley, who was fatally shot in a Walmart parking lot on June 14 during an alleged shoplifting pursuit.

The release of the video on Thursday came after the Mississippi Attorney General's Office announced on Monday the findings of its investigation, concluding that the use of force by the Senatobia Police Department was "justified."

The probe was conducted by the Mississippi Bureau of Investigation (MBI).

Members of Kohen's family, who viewed the footage privately before its formal release, spoke out during a press conference on Thursday, criticizing the state attorney general's decision not to press charges against police.

Civil rights attorney Ben Crump, who represents the family, said that after viewing the footage, the family continues to believe that the officer's actions were "excessive" and "not justified."

"After reviewing that footage, we have made these observations that this was excessive from the very start," Crump said.

"We are just troubled in our souls that a 1-year-old little angel was taken from us in such a way as this. America, our society must have more empathy for human life," he added. "Baby Kohen's life mattered."

Mississippi Gov. Tate Reeves defended the investigation and police during a press conference on Wednesday, saying that while he had not viewed the body camera video himself, he has "trust" in the MBI and the state attorney general's office. 

"Absolutely tragic, and anyone should be focused on praying for that loss of life, and the and the people who loved that young child, no question," he said.

But Reeves added that investigators found that "it was very clear" that "the driver of the vehicle attempted to run over the policeman."

Crump argued that the officer could have moved out of the way instead of shooting and called for a federal investigation into the incident.

 

What happened to Kohen Wiley

 

Officers who responded to a shoplifting call on June 14 at the Walmart in Senatobia encountered two adults allegedly fleeing from the store with a child and running into a vehicle, according to MBI.

MBI released a redacted report on Thursday outlining its investigation. In the report, the bureau said that as officers attempted to stop the vehicle from fleeing, one officer opened fire as the driver "sped toward the officers."

The child was killed and an adult was critically injured, the report said.

According to Crump, the two adults who were accused of stealing diapers, whose names are redacted from the report, were Kohen's mother, Vellesiya Wiley and a friend, but they were never charged in the incident.

"[Kohen] was killed over an allegation of shoplifting of diapers, and even if someone is charged, shoplifting diapers is a misdemeanor," Crump said on Thursday. "I mean, it doesn't warrant the death penalty. It certainly doesn't warrant the death of 1-year-old baby Kohen."

Veronica Roberson, Kohen's maternal grandmother, said that she was "disgusted" while watching the body camera footage of the incident that killed her grandson.

"I watched the video this morning that disgusted me," she said. "I feel like we have been done wrong," she added. "I watched an officer come from the inside of Walmart, not knowing what's going on, and run out with guns drawn. There's no justification for that."

 

What the videos show

 

The videos of the incident that were released by MBI on Thursday include multiple vantage points of the incident, including footage from several body-worn police cameras. The videos also include surveillance footage from the Walmart.

In the surveillance video, a man who appears to work at Walmart is seen confronting two women -- one of them holding a baby -- as they exited the Walmart. The women then walk past the man and start running in the parking lot towards a parked vehicle, the video shows.

In the body camera video, the man runs into what appears to be a security office in the Walmart with several law enforcement officers inside. The man points towards the front entrance and says, "two girls running." Multiple officers are seen running out toward the parking lot.

In the surveillance video, the women are seen entering a vehicle in the parking lot. Police body camera footage then shows the officers racing into the parking lot. The vehicle then backs out of the parking spot, as an office who appears to have his hand on the car backs away. The vehicle then appeared to back into a parked vehicle, the video shows. As officers call for the driver to stop, the vehicle appears to drive toward the officers, who had their guns drawn, with the officer who fired the shots appearing to move out of the way.

As the car drives toward the officers, one officer appears to fire multiple shots -- first toward the front of the vehicle and then another shot appears to hit the front passenger side of the car, breaking the window.

After the shots were fired, the car hit a parked vehicle in the parking lot before stopping for a moment and then driving off as officers chased the vehicle on foot.

The officer who fired his weapon in this case was placed on administrative leave pending the investigation, police told ABC News.

Asked about his employment status on Thursday, police did not respond to a request for comment.

Asked about the findings of the attorney general's report that the shooting was "justified", a spokesperson for the Senatobia police did not comment on the findings.

Senatobia interim police chief Angelica Maze thanked the public for patience during the investigation in a statement on Tuesday.

"We understand that people may have questions, concerns, and strong emotions, and we respect everyone's right to express their views peacefully," Maze said in her statement. "Open communication and cooperation between residents and law enforcement are essential as we move forward together."

ABC News' Sabina Ghebremedhin contributed to this report.

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Feds charge 15 suspects in multiple alleged insurance, Medicare fraud schemes

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Federal prosecutors charged 15 people across multiple states in connection with an alleged Medicare and insurance fraud schemes they allege collectively took in $2 billion, the Justice Department said on Thursday.

Eight of the defendants, some of whom were physicians, were arrested by federal agents on Thursday, with most of the arrests taking place in California, according to officials.

The alleged schemes included billing private insurers for phony substance abuse treatment, billing Medicare for unnecessary atherectomy procedures (which are for removing plaque from blood vessels) and another charging Medicare for hospice services for patients who weren't terminally ill, the Justice Department said.

Five of the suspects were expected to appear in federal court in L.A., two were expected to appear in federal court in Texas and another was expected to appear in federal court in Illinois Thursday afternoon, according to the Justice Department.

Attorney information for the suspects wasn't immediately available.

The biggest case focused on two people in Los Angeles and another in Texas who allegedly spent years moving substance abuse patients from around the country to California, the Justice Department said.

The suspects allegedly enrolled the patients in insurance policies that they were not eligible for and obtained the highest reimbursement for substance abuse treatments. They received over $1.6 billion, the Justice Department alleged.

In a separate case, a Los Angeles cardiothoracic surgeon and a chiropractor are accused of falsely diagnosing patients with arterial disease and recommending they receive atherectomies, the Justice Department said. The suspects in this case billed Medicare for over $135 million for the procedures, the Justice Department alleged.

Three cases dealt with suspects allegedly billing Medicare a combined $138 million for fraudulent hospice schemes, the Justice Department said. The suspects allegedly billed patients who were not terminally ill, according to the Justice Department.

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New York City to ban horse-drawn carriages in 2028

Carriage horse driver Aparicio waits for customers in Central Park, October 14, 2026 in New York City. (Spencer Platt/Getty Images)

New York City horse-drawn carriages will be riding into the sunset in less than two years after city leaders voted Thursday to ban the practice following the death of an 18-year-old tourist who was killed during a ride in Central Park over the summer.

The City Council voted 40 to 7 with two abstentions on Romanch's Law, which would prohibit the issuance of new licenses used in the operation of horse-drawn cabs and phase out the carriages by June 1, 2028. The horses would be prohibited from being sold to slaughterhouses, under the bill.

The vote, which is veto-proof, was met with praise by animal rights groups and park advocates who have long called for the ban citing several incidents where horses crashed or caused disturbances. However, the union representing horse-drawn carriage drivers have threatened legal action.

Previous New York City Mayors Bill de Blasio and Eric Adams both pushed for the ban during their tenures, however, there was not enough support in the City Council.

The discussion picked up in the summer after Romanch Mahajan, an 18-year-old Indian tourist, was killed after a horse got out of control with the carriage and the victim's family still inside.

The carriage clipped the wheel of another carriage and toppled, according to investigators.

Mahajan's aunt and uncle were on hand for the vote.

In past instances, tourists and other parkgoers were injured when horses ran loose, including one instance in January where the horse crashed into cars.

City Council Speaker Julie Menin said before the vote was cast that the carriages had become a safety risk.

"They don't belong in an area that attracts 42 million people a year, pulling a 1,000-pound carriage in record heat," she said.

Under the bill, a "workforce transition program" will be set up for the horse-drawn carriage drivers, who are unionized. The program will include job placement, training, career counseling and financial compensation.

The Central Park Conservancy, which operates the park and has pushed for the ban for years, praised the decision.

Mahajan's death "was the ninth carriage-related incident in just over a year—a number we could not ignore as the stewards and caretakers of Central Park," the conservancy said in a statement.

The Transport Workers Union, which represents the roughly 150 horse-drawn carriage drivers, protested outside City Hall Thursday and sent a letter the day before to the city's law department informing them that they will seek a temporary restraining order "the minute the ink dries."

"We will see them in court," Alexander Kemp, the administrative vice president for TWU Local 100 said in a statement after the vote. "This bill is blatantly unconstitutional, providing nothing but a plan to draft a plan. There’s nothing concrete for hundreds of workers, carriage owners and family members who face total economic devastation."

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Several California parents charged following their children's accidents on e-motos

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Multiple California parents are facing child endangerment charges in connection with letting their children "illegally ride E-Motos," the Orange County District Attorney announced Wednesday.

According to the district attorney's office, the charges come after multiple accidents, including one that left an 11-year-old with a broken collarbone and an arterial bleed and another in which a 13-year-old died after crashing into a light pole.

E-motos, or electric motorcycles, are two-wheeled, off-highway motorcycles that are powered by an electric motor and have no pedals. Electric bicycles, in contrast, come with pedals and an electric motor that does not exceed 750 watts, according to the California Highway Patrol.

The district attorney's office announcement represents some of the 12 parents the office says it has charged since January in an effort to regulate young people on e-bikes and e-motos.

Among those recently charged was Alex Li, who is facing a misdemeanor count of child endangerment. The district attorney's office alleges Li's 11-year-old son collided "with a pickup truck while riding his E-Moto capable of going more than 33 miles per hour in the city of Yorba Linda."

His son suffered broken bones and an arterial bleed, the D.A.'s office said.

Another parent, Maria Roehling, was charged with a felony count of child endangerment and an infraction for allowing a child under the age of 18 to drive a motor vehicle without a license, according to the D.A.'s office.

According to the district attorney's office, her 9-year-old son was allegedly "speeding on his E-Moto capable of going speeds more than 47 miles per hour when he was hit by a pickup truck in Yorba Linda."

Dan Rezmives, a father of a 12-year-old, was charged with one misdemeanor count of child endangerment, one misdemeanor count of contributing to the delinquency of a minor and an infraction for allowing a child under the age of 18 to drive a motor vehicle without a license after a police officer allegedly saw his son riding an e-moto on a city street, the D.A. said. Rezmives was allegedly on a bicycle at the time.

The father and son were previously warned that riding the bike on city streets was illegal, the D.A.'s office said.

Two other parents, Hulin Guo and Xiaomin Wang, were each charged with a misdemeanor count of child endangerment, one misdemeanor count of contributing to the delinquency of a minor, and an infraction for allowing a child under the age of 18 to drive a motor vehicle without a license after their 17-year-old son allegedly "led Newport Beach police on a pursuit while driving more than 40 miles an hour" on an e-moto earlier this year, according to the D.A.'s office.

The D.A.'s office cited two prior instances in which the son allegedly had run-ins with police on E-motos, and the parents were reminded of the bikes' dangers.

The sixth parent, Tuan Nguyen, was charged with one misdemeanor count of child endangerment after his 13-year-old son allegedly led police on a pursuit, riding up to 40 miles an hour, according to the D.A.'s office.

"The pursuit ended when the 13-year-old crashed his Surron, capable of going up to 49 miles per hour, into the police vehicle while trying to get away," the D.A.'s office said.

The D.A.'s office noted another man, Jose De Jesus Ramirezbarragan, was charged with one misdemeanor count of contributing to the delinquency of a minor after allegedly "allowing his 15-year-old brother to ride his E-Motorcycle."

Ramirezbarragan's brother allegedly "began a police pursuit while driving 40 miles per hour, running red lights, and nearly crashing into several cars before losing control and crashing into several bushes," according to the district attorney's office.

"We don't want to have to prosecute parents -- we want to save kids' lives," Orange County District Attorney Todd Spitzer said in a statement. "When parents refuse to parent and tell their kids 'no' when it comes to riding something that is dangerous and illegal, then I have no choice but to hold parents accountable and file criminal charges."

ABC News has not yet identified attorneys for any of those charged.

In April, the Orange County District Attorney's Office announced a mother was arrested and charged with child endangerment and accessory after the fact to a crime after her 14-year-old child allegedly hit an 81-year-old veteran while riding an e-motorcycle. The charges were later upgraded to involuntary manslaughter after the man died, authorities said. The mother has yet to enter a plea in that case. 

The D.A.'s office said, according to the California Statewide Integrated Traffic Record System, children 11 to 14 make up 61.7% of e-moto crashes despite the fact that children under 16 are prohibited from riding e-motos.

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Mother of toddler found breathing in hospital morgue after being declared dead speaks out

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The mother of a toddler who was found breathing in a hospital morgue hours after being pronounced dead is speaking out about the shocking incident.

Vincent Fiordilino was found floating face-down in an in-ground pool during a Super Bowl gathering at the family's home in Gilbert, Arizona, according to police. The then-nearly-18-month-old toddler was unresponsive and transported to Dignity Health Mercy Gilbert Medical Center, where he was pronounced dead at 6:20 p.m. on Feb. 8, according to a Gilbert Police Department report at the time.

"I had to say goodbye. Do you know how hard that is?" his mother, Alexus Fiordilino, told ABC Phoenix affiliate KNXV in her first interview earlier this week.

"I just remember begging him to come back," she told the station.

The mother recalled being informed that her child's pH levels were "too acidic, so even if we are to, like, bring him back, it wouldn't be a good form of life. Like, he'd just be suffering," she told KNXV.

Multiple people, including Vincent's parents and two officers who were at the hospital, had questioned whether the child was breathing after Dr. Aryan Toosi, DO, declared him dead, according to the police report.

"My mother-in-law is there, and she goes over and she hugs him, and she's like, "Hey, it sounds like he's breathing.' And they're like, 'Oh, it's normal. It's normal that it's gonna sound like that,'" Alexus Fiordilino told KNXV.

When a transporter with the Maricopa County Medical Examiner's Office arrived at the hospital over five hours later to retrieve the child from the hospital's "cold room," Vincent was found to be breathing, according to police.

"He was alone for 5 ½ hours. How do you do that to a baby?" Alexus Fiordilino told KNXV.

The police report said the toddler was declared dead "in error."

According to the law firm representing the family, Vincent suffered a "severe and permanent brain injury" and has shown "significant neurological deficits" since being discharged from the hospital in April. He is unable to walk independently and has not recovered speech, according to the firm.

The family is questioning Dr. Toosi's treatment of Vincent and his actions in declaring the toddler dead, and allege that the hours spent in the morgue contributed more to his injuries than the drowning, according to the law firm. They plan to file a lawsuit next week, the firm said.

"They took an oath, right? They have to do everything they can," Alexus Fiordilino told KNXV.

An attorney for Dr. Toosi said in a statement to ABC News on Thursday that the doctor's "thoughts are with the young patient and family, and he wishes the child continued healing and recovery."

"His commitment to delivering high-quality care has always been rooted in a desire to provide healing, safety and comfort to his community," the statement continued. "Due to pending litigation and patient privacy laws, we cannot speak to the details of the care provided at this time."

The hospital's operator, Dignity Health, said in a statement Thursday, "This is a heartbreaking situation. Out of respect for the patient's privacy, we cannot share any information and we are unable to comment on those involved in patient care. Patient safety and exceptional care are our highest priorities."

A spokesperson for the Gilbert Police Department said an investigation into the incident found no probable cause for any criminal conduct involving medical personnel and therefore "no charges were forwarded" against hospital staff.

"This case is now in the process of being referred to the Attorney General's Office for their review," the spokesperson said Thursday.

Gilbert police had initially recommended that the toddler's parents be charged with child abuse for alleged negligence, though the Maricopa County Attorney's Office declined to file charges in that case.

The family had multiple childproof locks and other safety measures in place, and multiple adults were present in the home, all of whom believed someone was watching the child, according to the attorney's office.

The investigation also found no evidence that the parents exhibited any obvious signs of impairment, the office said.

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Retired NYC police detective pleads not guilty to manslaughter charge in fatal New York bridge shooting

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A former New York City police detective pleaded not guilty Thursday to charges he shot and killed a motorist on New York's George Washington Bridge Wednesday night.

Victor Romero, 62, was initially arrested on a murder charge but was arraigned on a lesser count of first-degree manslaughter stemming from the rush-hour shooting of 46-year-old Koran Irvine, an off-duty Con Edison worker and a married father of two children, that occurred after a near-collision on the bridge with a vehicle allegedly driven by Romero.

Romero was ordered held on $1 million bail.

Irvine's sister, aunts and cousins attended Romero's court hearing in New York City Thursday and complained to reporters that the former police officer was allegedly receiving special treatment.

"I was fuming. I was shaking to look at the back of the head of the man who killed my brother and have his lawyers humanize him when he left my brother to die like a dog," Irvine's sister, Zeria Irvine, said of seeing Romero in court.

Irvine's aunt, Gale Forde, said she and her family are disappointed that Romero was not charged with murder.

"Koran was on his way home from work, a hard day's work, and stayed overtime. Yet you had a retired police officer intentionally fire a bullet and kill him, and instead of it being murder, it's called manslaughter," Forde said.

Attorney Keith White, who is representing Irvine's family, said after the arraignment that the family has not been allowed to see surveillance video that police described in an affidavit detailing the alleged incident.

The family members said Irvine did not know Romero.

Surveillance video showed that before the shooting, Irvine's blue Volkswagen Golf swerved into another lane on the westbound deck of the George Washington Bridge and nearly collided with a black Range Rover driven by Romero, according to the police affidavit.

The Range Rover was seen on security footage speeding up and "following the victim’s vehicle closely, and in contrast to the greater distances that other vehicles maintained with respect to one another," the affidavit said.

"Just after the defendant’s driver side door was in a position consistent with the point of entry of the bullet that struck and killed the victim, the victim’s vehicle slowed, veered to the right lane, and stopped in traffic," according to the affidavit, which further states "the defendant’s vehicle then sped around the victim’s vehicle, passing on the left side, and traveled at a high rate of speed across the bridge."

Irvine's vehicle then "lurched across four lanes of traffic" and crashed into a center median, the police affidavit said, where first responders found he had died.

The bullet that killed Irvine passed through his vehicle's rear passenger door and struck Irvine in the back of his right shoulder, according to the affidavit.

The Range Rover was registered to a company for which Romero works as a driver, the police affidavit said, and Romero told police that the vehicle was his when questioned Wednesday morning. Romero also "surrendered a loaded revolver that he told officers he always carries," according to the affidavit.

Romero surrendered to police at the 33 Precinct in upper Manhattan on Wednesday and was arrested and charged with murder after being questioned, according to the NYPD.

Romero retired from the NYPD as a detective in 2001, a year after he was shot while off duty by armed robbers at his family-run laundromat in Brooklyn, law enforcement sources told ABC New York City station WABC.

A spokesperson for Con Edison confirmed on Wednesday that Irvine worked for the utility company and was off duty when he was fatally shot.

In a GoFundMe campaign that had raised more than $190,000 as of Thursday to help Irvine's widow and two children, ages 11 and 14, family members described Irvine as a "beloved husband, father, family member, and friend."

"We will deeply miss Koran's jokes, his infectious smile, his laughter, and his zest for life," reads a statement on the GoFundMe page. "He had a way of bringing joy to those around him, and his presence will be missed more than words can express. His passing leaves an unimaginable void in the hearts of everyone who knew and loved him."

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