(NEW YORK) — Video released of five North Carolina detention officers restraining an inmate in a cell shows the prisoner saying “I can’t breathe” before he lost consciousness and died two days later.
The five officers and a nurse were charged last month with involuntary manslaughter in the December 2019 death of John Neville, a 56-year-old Black man, at Forsyth County Detention Center in Winston-Salem.
Neville was being held at the facility on a pending assault charge when he apparently fell from the top bunk of his bed onto a concrete floor, prompting officers to check on him, according to authorities.
“Alright John, we’re going to take your blood pressure,” one of the five officers to respond could be heard telling Neville in body camera footage of the Dec. 2 incident that was released Wednesday.
Things took a turn when the officers put a spit mask over Neville’s head as the nurse attempted to treat him. An autopsy report said he was thrashing and at times unresponsive.
The officers handcuffed Neville behind his back and moved him to another cell for observation.
“I can’t breathe,” he can be heard saying in the video.
The five detention officers restrained him facedown and attempted to unlock the handcuffs, but required the use of bolt cutters to remove them from Neville’s wrists.
Again, Neville said he was having trouble breathing, to which a guard responded, “You can breathe — you’re talking aren’t you?”
Neville died two days later in an area hospital, after jail staff found him not breathing and could not detect a pulse. A medical examiner said he ultimately died from a brain injury that was caused by the way he was being restrained.
The autopsy also found a number of underlying medical conditions, including asthma and heart disease. The five detention officers were fired as a result of the incident.
A spokesperson for Wellpath, the medical agency that employs the nurse, said that she did not engage in misconduct and, when permitted to act, she worked diligently to save Neville’s life. The spokesperson added that she is currently on paid administrative leave and has Wellpath’s complete support.
Forsyth County Superior Court Judge R. Gregory Horne issued a ruling Friday releasing the video footage because he said it “is necessary to advance a compelling public interest.”
The Forsyth County sheriff issued an apology in the wake of the newly released videos.
“I apologize again for what happened on that day,” Sheriff Bobby Kimbrough said at a news conference Tuesday. “We’re sorry for the mistakes made that day. I take responsibility for that as the sheriff.”
Neville’s family, represented by attorney Michael Grace, has filed a civil lawsuit against the county of Forsyth and Wellpath “to see the family is justly compensated.”
“The sheriff has acknowledged mistakes were made and that means a lot to the family. It won’t bring John Neville back … but it goes a way toward causing this terrible scar to heal over again,” Grace said at the news conference.
(DENVER) — The old saying is “you can run, but you can’t hide.” It worked for a long time for one prison escapee, but the FBI finally caught up to him in hiding on Wednesday.
After 46 years, Luis Archuleta was arrested in New Mexico, and will be returned to Denver, where he escaped from a prison cell in 1974.
Archuleta, also known as Larry Pusateri, escaped from a Colorado Department of Corrections facility over four decades ago and a federal arrest warrant was issued for him three years later.
But he remained on the lam until this week.
Archuleta, now 77 years old, was found in Española, New Mexico, where he had been living under the name Ramon Montoya.
Authorities said he had been residing in the area under the alias for about 40 years.
“This arrest should send a clear signal to violent offenders everywhere: The FBI will find you, no matter how long it takes or how far you run, and we will bring you to justice,” FBI Denver Special Agent in Charge Michael Schneider said in a statement announcing Archuleta’s arrest. “I want to thank the Española Police Department for working closely with the FBI Denver and Albuquerque Divisions on this investigation and getting this dangerous fugitive off the streets.”
Archuleta was convicted of assault of a police officer with a deadly weapon for shooting a Denver officer in 1973. The officer survived the shooting.
Denver has changed a little in the four decades Archuleta was in hiding. The city’s population was about 1.1 million in 1973 compared to 2.8 million now.
A new federal arrest warrant was reissued June 30 for unlawful flight.
“The Denver Police Department is grateful to our law enforcement partners for their tireless commitment to bring this suspect to justice,” Denver Police Chief Paul Pazen said in a statement. “Many members our community were hurt by Luis Archuleta’s actions. The passing of time does not erase or excuse his crimes.”
Pazen was 2 years old when Archuleta was convicted in the shooting.
(ATLANTA) — The former Atlanta police officer charged with the fatal shooting of Rayshard Brooks in a Wendy’s parking lot in June could be facing imprisonment for allegedly violating the conditions of his bond agreement.
Fulton County District Attorney Paul Howard filed a motion Tuesday to revoke former officer Garrett Rolfe’s bond, after Howard ‘s office was notified that Rolfe had left the state “for a short vacation.”
“While his bond does not preclude out of state travel, we wanted to make you aware of this,” Rolfe’s attorney Bill Thomas wrote to members of Fulton County’s District Attorney Office on August 3, according to court documents.
After receiving the email, the state of Georgia contacted the company responsible for Rolfe’s monitoring. Rolfe’s location history indicates that he entered Florida the morning of August 2, the day before his lawyer’s email to the Fulton County District Attorney’s Office.
The District Attorney’s office said Wednesday that it was unclear if Rolfe had returned to Atlanta yet.
The state had no prior knowledge of Rolfe’s travel and said it is unaware of any special permission given by the court for travel outside of the jurisdiction, Howard said in the motion.
Rolfe was granted $500,000 bond on June 30, partly under the condition that he adhere to a curfew and only leave the home for medical, legal, or work reasons. Howard states in the motion that Rolfe “has clearly shown that he will not abide by the conditions of bond imposed by the Court.” He requested the judge revoke his bond and remand him to custody.
Brooks’ widow Tomika Miller says she was shocked to hear allegations that the former officer who gunned down her husband potentially violated court orders and went on a beach vacation.
“I was baffled when I heard about this. It was very hurtful. It let me know that Officer Rolfe did not care about what the judge had laid down, as well as caring about how anyone else would feel,” Miller said. “I’m hurt and again I’m just wondering when will justice be served. When will things change?”
Miller, who tearfully pleaded that the judge not grant Rolfe bond at the hearing in June, said something should be done in response to Rolfe’s possible bond violation.
Miller’ attorney, Chris Stewart, echoed her disbelief that Rolfe would go on vacation after killing Brooks and in the middle of the coronavirus pandemic.
“I believe that a lot of us would love to be on vacation,” Stewart said. “And it was mind-blowing to see that Officer Rolfe decided to ignore the court rules and regulations and standards that have been set upon him for his bond.”
Stewart also questioned Rolfe’s lawyer’s reported defense that the judge did not explicitly state Rolfe could not leave the state.
“If that’s the situation, then the entire situation for bonds and the detail that’s needed in these is going to be tragically destroyed,” Stewart said. The judge, said Stewart, “was very clear that officer Rolfe was not supposed to leave the state.”
Stewart said he is waiting for the judge to enforce the law and he hopes that Rolfe’s bond will be revoked.
“Officer Rolfe should not be vacationing in Florida, which we believe is a full violation of his bond and furthermore shows the mental state of this officer to feel that he can just go on vacation after being charged with the murder of Rayshard Brooks,” Stewart said.
Brooks was killed on June 12 after a Wendy’s employee called police to complain that Brooks was passed out behind the wheel of a car in the drive-thru lane, according to police.
Officer Devin Brosnan was the first to arrive on the scene and knocked on Brooks’ window but could not wake him up. Body camera video showed Brosnan opening the door and shaking Brooks awake.
Rolfe responded to the scene when Brosnan radioed a dispatcher saying he needed a DUI-certified officer.
When officers tried to put Brooks in handcuffs, Brooks struggled, wrestled with both officers on the ground, and then grabbed Brosnan’s stun gun.
Surveillance video showed Brooks running through the parking lot as the officers chased after him. While fleeing, Brooks appeared to shoot the stun gun at Rolfe, who drew his weapon and opened fire. Brooks died from two gunshot wounds to his back, the medical examiner determined.
Rolfe’s lawyers said the killing was in self-defense and that it was legally justified.
In a news conference in June, District Attorney Howard also alleged that video of the incident showed Rolfe kicking Brooks as Brooks lay dying on the ground, and Brosnan standing on Brooks’ shoulder. But during Rolfe’s bond hearing, another one of Rolfe’s attorney, Noah Pines, denied that Rolfe kicked Brooks after shooting him.
Brosnan, who has been placed on administrative leave from the police department, was charged with two counts of violations of oath and one count of aggravated assault for allegedly standing on Brooks’ shoulder after Brooks was shot by Rolfe. Brosnan surrendered to authorities on June 18 and was released on $50,000 bail.
One factor in the judge’s decision to grant Rolfe bond in June was her determination that he was not a flight risk. She noted that Rolfe did not attempt to flee after the Fulton County District Attorney announced murder charges against him on June 17, and she gave him more than a day to voluntarily surrender.
“We have the answer to that one,” Justin Miller, an attorney for Brooks’ family, said after being informed that Rolfe had left the state. “That is flight. He is actually gone.”
On Tuesday Rolfe’s attorneys began fighting another legal battle to reinstate Rolfe’s position with the Atlanta Police department.
Rolfe’s lawyers filed a petition seeking an order that would require the city of Atlanta to follow city ordinances which provide its employees with due process, including notice and an opportunity to be heard, before they can be fired in connection with allegations of misconduct, according to a statement.
“The City of Atlanta willfully and blatantly failed to abide by these ordinances, firing Garrett Rolfe within days of his lawful use of force on June 12, 2020,” reads a statement on behalf of Rolfe’s attorneys.
A representative for Rolfe’s legal team told ABC News they have no comment at this time on allegations he violated the conditions of his bond.
There is no hearing date set for Howard’s motion to revoke Rolfe’s bond.
narvikk/iStockBy MORGAN WINSOR and EMILY SHAPIRO, ABC News
(NEW YORK) — A pandemic of the novel coronavirus has now killed more than 702,000 people worldwide.
Over 18.6 million people across the globe have been diagnosed with COVID-19, the disease caused by the new respiratory virus, according to data compiled by the Center for Systems Science and Engineering at Johns Hopkins University. The actual numbers are believed to be much higher due to testing shortages, many unreported cases and suspicions that some national governments are hiding or downplaying the scope of their outbreaks.
Since the first cases were detected in China in December, the United States has become the worst-affected country, with more than 4.7 million diagnosed cases and at least 157,186 deaths.
Here’s how the news is developing today. All times Eastern. 1:30 p.m.: US cruises suspended until at least Oct. 31
Cruise operators have agreed to voluntarily suspend U.S. cruises until at least Oct. 31, Cruise Lines International Association (CLIA) said Wednesday.
“This is a difficult decision as we recognize the crushing impact that this pandemic has had on our community and every other industry,” CLIA said in a statement.
“CLIA cruise line members will continue to monitor the situation with the understanding that we will revisit a possible further extension,” the statement said. “At the same time, should conditions in the U.S. change and it becomes possible to consider short, modified sailings, we would consider an earlier restart.” 12:35 p.m.: Florida has 50 hospitals with no open ICU beds
Florida has 50 hospitals with no available ICU beds, the state’s Agency for Healthcare Administration reported.
Two counties — Jackson and Nassau — have no open ICU beds, the agency said.
In Hillsborough County, which includes Tampa, only 13 ICU beds remain, the agency said.
These numbers are expected to fluctuate throughout the day as hospitals and medical centers provide updates.
11:58 a.m.: Biden won’t travel to Milwaukee for Democratic National Convention
Former Vice President Joe Biden and all convention speakers will not be traveling to Milwaukee for the Democratic National Convention, according to a statement from the DNC Committee.
“After ongoing consultation with public health officials and experts — who underscored the worsening coronavirus pandemic — the Democratic National Convention Committee announced today speakers for the 2020 Democratic National Convention will no longer travel to Milwaukee, Wisconsin in order to prevent risking the health of our host community as well as the convention’s production teams, security officials, community partners, media and others necessary to orchestrate the event,” the statement said.
Biden will now give a speech accepting the nomination from Delaware.
11:40 a.m.: NYC to begin checkpoints enforcing state quarantine orders
New York City is beginning traveler registration checkpoints at some entry points to the city to make sure visitors and returning residents are complying with quarantine rules, Mayor Bill de Blasio announced Wednesday.
The “Sheriff’s Office in coordination with other law enforcement agencies will undertake traveler registration checkpoints at major bridge and tunnel crossings into New York City,” said New York City Sheriff Joseph Fucito.
New York, New Jersey and Connecticut have a travel advisory in place for states with a positive test rate higher than 10 per 100,000 residents over a week average, or any state with 10% of higher positivity rate over a week average. Travelers arriving in the Tri-state area from those states must quarantine for two weeks.
Those coming to New York must also complete a traveler form.
Nonessential workers who do not follow quarantine orders could be fined $10,000. People who do not fill out New York’s travel form could be fined $2,000.
States on the list as of Wednesday are: Alaska, Alabama, Arkansas, Arizona, California, Florida, Georgia, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Mexico, Nevada, Ohio, Oklahoma, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin.
11:02 a.m.: US clinches deal with Johnson & Johnson for potential vaccine
Johnson & Johnson has agreed to supply 100 million doses of its COVID-19 vaccine candidate to the United States for more than $1 billion.
Both the American pharmaceutical company and the U.S. Department of Health and Human Services announced the deal in separate statements Wednesday.
The agreement will support the company’s efforts to scale up doses of the experimental vaccine through large-scale domestic manufacturing; the U.S. government will own the first 100 million doses. The federal government also has an option to purchase an additional 200 million doses under a subsequent agreement, according to a press release from Johnson & Johnson.
and second phases of clinical trials. The company, which has committed to making the drug available on a “not-for-profit” basis, said it will launch a phase three study by September.
U.S. Health and Human Services Secretary Alex Azar said in a statement that the Trump administration is assembling a “portfolio of vaccines” which will increase “the likelihood that the United States will have at least one safe, effective vaccine by 2021.”
10:32 a.m.: Chicago Public Schools will start with all-remote learning, officials say
All of Chicago’s public school students and teachers will begin the new school year at home next month due to the coronavirus pandemic, officials announced Wednesday.
Chicago Public Schools CEO Janice Jackson said at a press conference that remote learning will be conducted for at least the first quarter of the school year, which runs through Nov. 6.
“By that point,” Jackson said, “we will evaluate the situation and make a determination about how we will move forward.”
Jackson noted that the students will be engaged for the entirety of a normal school day — from their time with teachers, independent studying and small group learning.
Chicago Mayor Lori Lightfoot said the decision to start remotely “makes sense for a district of CPS’s size and diversity.”
The move comes on the heels of protests across the country held by teachers and activists demanding adequate classroom safety measures as schools debate reopening amid the coronavirus pandemic.
9:44 a.m.: Moderna on track to enroll 30,000 people in phase 3 trial
American biotechnology company Moderna announced Wednesday that it’s on track to recruit enough volunteers for the third phase of clinical trials for its potential COVID-19 vaccine.
The phase three study of Moderna’s vaccine candidate, mRNA-1273, began on July 23 and is being conducted in collaboration with the National Institutes of Health as well as the Biomedical Advanced Research and Development Authority.
The trial will ultimately include 30,000 volunteers and Moderna said it expects to complete enrollment by September. It’s the final stage before the vaccine candidate could potentially be authorized for use by the Food and Drug Administration.
Each volunteer will be given either a dose of the vaccine candidate or a placebo. Researchers will monitor whether the drug protects the group from getting infected.
8:30 a.m.: Fourth-graders to be quarantined after student tests positive in North Carolina
A fourth-grade student at a private school in North Carolina has tested positive for COVID-19, according to a report by Durham ABC station WTVD-TV.
Thales Academy said it was notified Monday that one of its student at its Wake Forest campus had tested positive after being exposed by a family member. The school then sent a letter home to parents explaining what happened and how it planned to move forward, WTVD reported.
The last time the infected student was on campus was Friday. The student was asymptomatic throughout their time at school, passing the temperature check and symptom-screening checklist for entry, according to WTVD.
Students potentially exposed have been contacted and will be quarantined for 14 days along with the teaching staff, WTVD reported.
Thales Academy welcomed students back to its campuses for the new school year in July.
7:50 a.m.: Bolivia cancels the rest of its school year
Schools across Bolivia will remain closed for the rest of the year due to the coronavirus pandemic.
Interim Bolivian President Jeanine Anez announced the decision earlier this week.
“Today we make the decision to close the school year,” Anez wrote in Spanish on Twitter. “It is very hard, but we do it to take care of the health of Bolivians, especially our children. Health is the most important thing, especially at this time.”
Last week, the South American nation’s highest electoral authority postponed the presidential election from Sept. 8 to Oct. 18 due to the pandemic, marking the third time the vote has been delayed.
More than 83,000 people in Bolivia have been diagnosed with COVID-19, and at least 3,320 of them have died, according to a count kept by Johns Hopkins University.
7:09 a.m.: Democratic and Republican governors band together to fill testing void
A bipartisan group of at least seven governors has teamed up with the Rockefeller Foundation to try to expand the use of rapid antigen tests to help slow the spread of the novel coronavirus.
Maryland Gov. Larry Hogan, a Republican, clinched the deal with the New York City-based private foundation in “the first interstate testing compact of its kind among governors during the COVID-19 pandemic,” according to a press release. The governors of Louisiana, Massachusetts, Michigan, North Carolina, Ohio and Virginia have all signed on to the agreement.
The governors are now in talks with the U.S. manufactures of the Food and Drug Administation-authorized fast-acting tests, which deliver results in 15-20 minutes, to purchase 500,000 per state, for a total of three million tests.
“With severe shortages and delays in testing and the federal administration attempting to cut funding for testing, the states are banding together to acquire millions of faster tests to help save lives and slow the spread of COVID-19,” Hogan said in a statement Tuesday night. “I want to thank my fellow governors for signing on to this groundbreaking bipartisan agreement, which we have just finalized after weeks of discussions with the Rockefeller Foundation. We will be working to bring additional states, cities, and local governments on board as this initiative moves forward.”
5:14 a.m.: Global death toll tops 700,000
More than 700,000 people around the world have now died from the novel coronavirus — another grim milestone in the pandemic.
As of early Wednesday morning, the global death toll from COVID-19 was at 700,741, according to a count kept by Johns Hopkins University.
3:37 a.m.: US daily case count shoots back up over 50,000
More than 57,000 new cases of COVID-19 were identified in the United States on Tuesday, according to a count kept by Johns Hopkins University.
The latest daily caseload is about 10,000 more than the previous day’s increase but still lower than the country’s record set on July 16, when more than 77,000 new cases were identified in a 24-hour reporting period.
A total of 4,771,519 people in the United States have been diagnosed with COVID-19 since the pandemic began, and at least 156,830 of them have died, according to Johns Hopkins. The cases include people from all 50 U.S. states, Washington, D.C., and other U.S. territories as well as repatriated citizens.
By May 20, all U.S. states had begun lifting stay-at-home orders and other restrictions put in place to curb the spread of the novel coronavirus. The day-to-day increase in the country’s cases then hovered around 20,000 for a couple of weeks before shooting back up and crossing 70,000 for the first time in mid-July.
Many states have seen a rise in infections in recent weeks, with some — including Arizona, California and Florida — reporting daily records.
However, an internal memo from the Federal Emergency Management Agency obtained by ABC News on Monday night shows an 8.8% decrease in new cases across the United States over the past week compared with the previous week. That same seven-day span saw a 24% increase in deaths, according to the memo.
Miramar Police Department via TwitterBy CHRISTINA CARREGA, ABC News
(MIRAMAR, Fla.) — It has been 10 days since 2-year-old Kamdyn was found wandering in a Miramar, Florida, parking lot located over 12 hours away from his family.
Police in South Florida, including Miramar and Hollywood departments, have been on the hunt for the toddler’s mother, Leila Cavett, since July 26.
The white Chevy pickup truck the 21-year-old was last seen driving was found abandoned in Hollywood, police said.
“Police have stated she was possibly in the Fort Lauderdale beach area before her disappearance in the company of a Black male,” according to the family’s attorney.
The law firm has posted daily updates on Cavett’s case to its Facebook page since Monday. Request for comment from the attorneys was not returned.
“The FBI is providing assistance to local law enforcement,” public affairs specialist Jim Marshall confirmed to ABC News on Wednesday.
The little boy has been placed in the state’s foster care system.
Cavett’s family, who drove from Alabama and Tennessee to assist with regaining custody of Kamdyn, were granted visitation by a family court judge on Monday, according to the family’s attorney.
They saw and spoke with the child through a Zoom video conference call due to the coronavirus pandemic.
Cavett is described as 5 feet 4 inches tall, 110 pounds with tattoos “Kamdyn” and a Jesus fish on her right arm and right wrist, respectively.
Anyone with information about her whereabouts is asked to call the Hollywood Police Department at 954-764-4357.
Request for comment from the Hollywood Police Department was not returned.
Forsyth County Jail By KELLY MCCARTHY, ABC News
