Supreme Court affirms capital punishment despite risks of pain

first_imgBill Chizek/iStock(WASHINGTON) — When does capital punishment become “cruel and unusual?”The Supreme Court this week, in a narrow 5-4 decision, offered a sweeping defense of the death penalty, including in cases when an inmate faces the risk of extreme pain.“The Eighth Amendment does not guarantee a prisoner a painless death,” Justice Neil Gorsuch wrote for the majority in the death row appeal by Missouri convict Russell Bucklew. The amendment prohibits the infliction of “cruel and unusual punishments.”Bucklew, 50, suffers from a rare condition known as cavernous hemangioma, which causes blood-filled tumors to grow on his head, face, neck and mouth. He claims a lethal injection of pentobarbital could burst the tumors, causing him to choke and suffocate on his own blood.He proposed an alternative method of execution by nitrogen gas, which has not been used in the state.“His main claim now was that he would experience pain during the period after the pentobarbital started to take effect but before it rendered him fully unconscious,” Gorsuch wrote. But, he also noted that the lower courts found Bucklew “produced no evidence that his proposed alternative … would significantly reduce the risk.”Gorsuch said unconstitutional punishments are those that “intensify the sentence of death with a (cruel) ‘superaddition’ of ‘terror, pain, or disgrace.’” He ruled that Missouri’s plan to execute Bucklew with pentobarbital would not.Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh joined the majority opinion.“His suit in the end amounts to little more than an attack on settled precedent,” Gorsuch wrote.Bucklew was convicted in the 1996 kidnapping and rape of his ex-girlfriend; murder of her boyfriend; and shootout with police. He later escaped from jail while awaiting trial and attacked his ex-girlfriend’s mother with a hammer.His decades-long legal appeals have not challenged his conviction or the constitutionality of the death sentence itself. Rather, Bucklew contends the type of drug Missouri uses for executions would cause him unreasonable pain.Missouri is one of 30 states with the death penalty. Hanging was the primary method of execution in the state until 1936 when lethal gas was added as an option, according to the Death Penalty Information Center. In 1987, the state adopted lethal injection.“The experts dispute whether Bucklew’s execution will prove as unusually painful as he claims,” Justice Stephen Breyer wrote in a dissenting opinion, “but resolution of that dispute is a matter for trial.”“The question is not … whether a punishment is deliberately inflicted to cause unnecessary pain, but rather whether we would today consider the punishment to cause excessive suffering,” Breyer said.In a separate dissent opinion, Justice Sonia Sotomayor took issue with the language in Gorsuch’s opinion, warning against a rush to judgment in death penalty cases, which often get delayed for years by numerous appeals.“There are higher values than ensuring that executions run on time,” Sotomayor wrote. “If a death sentence of the manner in which it is carried out violates the Constitution, that stain can never come out. Our jurisprudence must remain one of vigilance and care, not one of dismissiveness.”Support for the death penalty remains near historic lows, according to recent public opinion polling.Roughly half of Americans — 54 percent — said they support the death penalty in a Pew Research poll released in June 2018. Thirty-nine percent said they were opposed.Three American inmates have been executed, by lethal injection, so far this year, according to the Death Penalty Information Center. In 2018, there were 25 executions nationwide.Copyright © 2019, ABC Radio. All rights reserved.last_img read more

Two killed as tornado hits Louisiana; storms not over, governor warns

first_imgABC News(NEW YORK) — Two people were killed Thursday morning when a tornado struck Ruston, Louisiana, the governor said, as he warned that the threat from the storms wasn’t over. “Our prayers are with the people of Ruston today,” Gov. John Bel Edwards tweeted. Ruston, in the northern part of the state, is about 70 miles east of Shreveport. Louisiana State Police and the Louisiana National Guard are helping local responders in the aftermath, Edwards said. More severe weather is set to move into the Gulf Coast region on Thursday. Severe weather watches and warnings, including tornado watches and warnings and severe thunderstorm watches, are in effect.The entire storm system will finally begin to move out of Texas and into the Gulf Coast states — from Louisiana to Mississippi, Alabama and the Florida Panhandle — on Thursday afternoon. This system will bring severe storms on Thursday to New Orleans; Jackson and Biloxi, Mississippi; Mobile and Montgomery, Alabama; and Tallahassee, Florida. The biggest threat with these storms will be damaging winds of over 60 mph, with a few tornadoes possible. Heavy rain could produce flash flooding in urban areas, including New Orleans.The whole storm system will move east Thursday night into Friday and bring heavy rain and strong storms for the East Coast. The heaviest rain and strongest storms will hit the Carolinas and the Mid-Atlantic, while the Northeast should see heavy rain and gusty winds.Copyright © 2019, ABC Radio. All rights reserved.last_img read more

Prosecutors drop charge against 10-year-old boy accused of hitting classmate in face with ball

first_imgFILE photo. olga_sweet/iStock(DETROIT) — Prosecutors in Michigan have decided to drop their charge against a 10-year-old boy who was accused of throwing a ball at another child’s face during a game on a school playground.The 10-year-old boy, Bryce, was scheduled to appear in juvenile court Thursday to face a charge of aggravated assault for the incident, which happened in April.The boy’s mom, Cameishi Lindley, had accused officials of charging her son because of his race, saying in a statement Tuesday, “The only thing my son is guilty of is being a Black boy.”Wayne County Prosecutor Kym L. Worthy denied accusations that race played a factor in a statement announcing the dismissal of the charge against Bryce.“The mother of the alleged victim had every right to go to the authorities and the authorities had an obligation to investigate,” Worthy said Wednesday. “When this case was reviewed by my office, no one paid attention the race of either party.”“It is categorically wrong to suggest that this was charged based on race or geography,” she said.The incident involving Lindley’s son, Bryce, and an unidentified classmate happened at a school near Detroit. Bryce was charged with aggravated assault on June 20, according to the family’s attorney, Maurice Davis.He was also suspended from school for one day at the time of the alleged incident, according to his mom.The mother of the student allegedly injured by the ball told ABC station WXYZ-TV in Detroit that her son has a medical condition that makes head injuries especially dangerous.“He sustained facial issue damage to his face. He had a black eye and a bruised nose,” the mom, who asked not to be identified, told WXYZ-TV.Medical records showed the then-fourth grader also suffered a concussion, according to the station.“I tried not to let it get to this point,” the boy’s mom told WXYZ-TV. “My son was hit twice in the face with a ball previously due to this. The child apologized to my son and my son said, ‘Mom it’s OK we’re still going to be friends.’”Worthy said Wednesday that “efforts were made to resolve this matter” before it was brought to the prosecutor’s office for a charge to be considered. She also said that her office took into consideration facts that have not been publicly reported due to ethical rules.“While the charge in this case is certainly sustainable, I have instructed my staff to dismiss this case today,” Worthy said. “It is my earnest hope that both sides will come back to the table to work out a solution that benefits both of these children.”“Again, I am confident that both of them are highly valued,” she said. “I want to make sure that both children are served as we move forward and hopefully these charges will not have to be revisited.”The attorney retained by Lindley had previously threatened to file a civil case against the prosecution and a civil claim against the school if the charge against Bryce was not dropped.A fundraising effort started by the family to cover their legal expenses was closed after raising more than $15,000.Copyright © 2019, ABC Radio. All rights reserved.last_img read more

California teen sues after bodycam footage shows officer punching him

first_imgiStockA California teenager has filed an excessive force lawsuit after body camera footage showed an officer punching the unarmed teen in the head and face several times.An officer with the Fresno Police Department was captured on body camera punching 17-year-old London Wallace in January while raiding an apartment complex for wanted gang members.Wallace was initially charged with resisting arrest, but prosecutors eventually dropped the charges. The Fresno County District Attorney’s Office declined ABC News’ request for comment, citing its policy against commenting on cases involving minors. Wallace did not have any gang affiliations or criminal history, according to his attorney, Nolan Kane.Kane said he expects the video to play a key role in the teen’s case against the department.“It’s a very disappointing situation. You can see London Wallace crying. You can see him bleeding,” Kane told ABC’s Fresno station KFSN-TV on Wednesday. “He’s a high school kid. He likes playing basketball. He’s a nice, calm, timid person. … And you can kind of see that in the video. He’s not used to police contact.”The lawsuit names the city of Fresno, the police department and Officer Christopher Martinez as defendants.The department said it expects an internal investigation into the incident within the next 30 days. Martinez said he punched the teen “approximately three times in the face” after Wallace “attempted to push [Martinez] back” and “took a fighting stance,” according to the police report.Martinez, according to the report, was “in fear that Wallace was going to push [Martinez] and other Officers over the side railing as he was pushing forward.”“I punched Wallace approximately three times in the face in order to get him off me and to back him up,” Martinez wrote in the report. “Wallace continued to fight and he threw a punch at me, which grazed my left cheek.”Martinez claims in the police report that Wallace continued to resist while on the ground and he “struck Wallace approximately two more times while he was on the ground and actively resisting.”Fresno Police Chief Jerry Dyer said the officer was placed on modified duty pending the results of the investigation.“The video that I have reviewed certainly raises concerns and raises questions for me as a police chief,” Dyer told reporters Wednesday. “Those questions will be answered once all the video is reviewed, the interviews are conducted, the evidence is looked at and the investigation is complete.”“Christopher Martinez attacked, punched and tackled Plaintiff to the ground resulting in serious injuries to Plaintiff, including but not limited to, a broken nose, bleeding and emotional distress,” the suit said. “At no point did Plaintiff pose a threat to Officer Christopher Martinez or any other Fresno Police Department Officer. At no point did Plaintiff disobey any orders from the Fresno Police Department.”Copyright © 2019, ABC Radio. All rights reserved.last_img read more

DC sniper asks Supreme Court to invalidate juvenile life sentences for murders

first_imgYinYang/iStock(WASHINGTON) — Lee Boyd Malvo, one of the two “D.C. snipers” whose murderous seven-week rampage terrorized the nation’s capital region in 2002, wants a chance at getting his life back.Malvo, who is serving life without parole in a Virginia prison, is asking the U.S. Supreme Court to order that he be re-sentenced in light of the court’s 2012 decision prohibiting mandatory life sentences for juveniles. Malvo was 17 years old at the time of the rampage, orchestrated with co-conspirator John Allen Muhammad, that killed 10 and wounded three others.“Invalidation of ‘mandatory’ life without-parole sentences is premised on the court’s recognition that the qualities of youth — immaturity, vulnerability, and changeability — must be taken into account when sentencing a juvenile offender because those qualities will typically make life without parole an excessive punishment for a juvenile,” Malvo’s attorneys write in court documents.The Eighth Amendment prohibits “cruel and unusual punishments” for crimes.The justices on Wednesday will hear oral arguments in the case. Their decision could open the door to new, potentially more lenient sentences for Malvo, now 34, and thousands of other offenders. There are approximately 2,100 Americans serving life without parole for crimes committed as juveniles, according to The Sentencing Project.“I was a monster,” Malvo told the Washington Post in a 2012 interview from behind bars. “If you look up the definition, that’s what a monster is. I was a ghoul. I was a thief. I stole people’s lives. I did someone else’s bidding just because they said so. … There is no rhyme or reason or sense.”Malvo is serving four life-without-parole sentences in Virginia and six life-without-parole sentences from Maryland. He is unlikely to be released anytime soon, regardless of how the court rules.The justices will grapple with two key questions: Was Malvo’s 2004 life sentence in Virginia effectively “mandatory” and now eligible for a review? And, did the Supreme Court mean to outlaw all life-without-parole sentences for juveniles, even those that were not mandatory?The state argues that Malvo was locked up for life at the jury’s discretion, given the viciousness of his crimes, and that the U.S. Supreme Court has not explicitly addressed “non-mandatory” life-without-parole punishment for juvenile murderers.“This case is not about the meaning of the Eighth Amendment. Instead, it is about how and when decisions announcing new constitutional interpretations are made retroactive to other cases that have long become final when those interpretations are announced,” attorneys for the state of Virginia tell the court.The Virginia Supreme Court upheld Malvo’s sentence of life without parole, but the federal 4th Circuit U.S. Court of Appeals said the original sentence must be revisited in light of Supreme Court rulings requiring judges and juries to “take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison.”The Trump administration opposes that decision.“Only mandatory sentences, imposed indiscriminately on all juvenile offenders, create the degree and kind of risk that would require retroactive invalidation,” Solicitor General Noel Francisco writes in a friend-of-the-court brief.Lawyers for Malvo say the jury in his case was not allowed to consider any sentence other than death or life without parole, making it effectively mandatory.“There is no doubt that Malvo committed heinous crimes,” Malvo’s attorneys write in court documents. But “mandatory schemes, in which sentencers have no alternative but to sentence all juvenile offenders to life without parole, necessarily violate [the Supreme Court’s 2012 decision] because they make youth (and all that accompanies it) irrelevant to imposition of that harshest prison sentence and thereby pose too great a risk of disproportionate punishment.”Malvo’s accomplice, John Allen Muhammad, was sentenced to death and executed in 2009. Copyright © 2019, ABC Audio. All rights reserved.last_img read more

New major storm to cross county and bring heavy snow, ice, flooding

first_imgABC News(NEW YORK) — On Tuesday, a flash flood emergency in Jackson, Mississippi, brought almost a half a foot of rain to some areas in just a few hours, flooding interstates, streets and neighborhoods and prompting water rescues. This was due to the stalled frontal system that brought all the severe weather to the U.S. this past weekend.On Wednesday, our attention turns to the West, where a new major storm is set to move in and then cross the entire county by the weekend, bringing the threat of heavy snow, ice and flooding. Five states are on alert already ahead of the storm, from Washington to California, for heavy snow and gusty winds.Later Wednesday, the storm will slam the Pacific Northwest and Northern California with heavy snow, rain and wind. By Thursday, the storm will move into most of California from San Francisco early in the day to Los Angeles in the evening.By Friday afternoon and evening, the storm system will redevelop into the Plains and join with tropical moisture from the gulf to produce heavy snow and ice in the Upper Midwest and the Great Lakes, including the Twin Cities and even as far south as Chicago. Major delays are expected.By Saturday, the storm will move into the Northeast with heavy snow and ice from Pennsylvania to Maine and heavy rain from New Jersey to Virginia. At this point, it looks like the major cities along I-95 will see a mix of snow and rain, changing to all rain by the evening. However areas just inland from northern Pennsylvania to Hudson Valley, New York, and into most of New England, should stay as heavy snow with some ice. Significant snow and ice accumulation is possible. Copyright © 2020, ABC Audio. All rights reserved.last_img read more

Man charged with $1.5 million fraud for allegedly filing false damage claims on items shipped through USPS

first_imgiStock(MIAMI) — A Florida man has been federally charged with running a $1.5 million fraud for allegedly filing false claims on merchandise he sold through his online company.Miami resident Edwin Jim Garcia-Albarracin, 45, allegedly filed fraudulent claims for “purportedly damaged packages” sold through his online business, Rambos Market, stating that they were damaged when they were shipped through the U.S. Postal Service, according to a federal indictment filed in the Southern District of Florida earlier this month.Garcia-Albarracin sold a variety of products through online marketplaces such as Listia and eBay, according to the court documents. He would then purchase insurance through USPS and allegedly later file a claim stating that the contents of the packages had been damaged.To file a claim, a customer is required to provide a name, address, product tracking number, proof of value and proof of claim. The customer is also required to certify that all information is “accurate, truthful and complete.”As proof, Garcia-Albarracin would allegedly provide fake photos that “purportedly depicted damage to the products,” authorities said. He received compensation from USPS via check, the court documents show.He would then allegedly wire funds from one bank account to another, with the transactions designed “to conceal and disguise the nature, location, source, ownership, and control of the proceeds of the specified unlawful activity,” according to the charging documents.Garcia-Albarracin allegedly carried out his crimes between July 2016 and November 2019, according to the indictment.Part of the money he made in the scheme was allegedly used to buy a home in Miami’s Kendall neighborhood, which is now subject to forfeiture, authorities said.The five-bedroom, four-bathroom Miami townhouse is listed in Garcia-Albarracin’s name and sold in October 2019 for $380,000, online property records show.He was arrested last week and charged with 10 counts of mail fraud, 10 counts of wire fraud and 12 counts of money laundering.A representative for the Miami Dade Public Defenders Office did not immediately respond to ABC News’ request for comment.Garcia-Albarracin is expected to appear in court on Tuesday. If convicted, he faces a maximum sentence of 20 years and up to $750,000 in fines. Copyright © 2020, ABC Audio. All rights reserved.last_img read more

Arizona mall shooting suspect appears to be INCEL, but motive still unclear: Prosecutors

first_imgkali9/iStockBy  ELLA TORRES, ROSA SANCHEZ, WILLIAM MANSELL, and ALYSSA PONE, ABC News(PHOENIX) — Prosecutors have said the suspect in a mall shooting earlier this week appears to be an INCEL, or involuntarily celibate, but a motive for the attack still remains unclear.Armando Hernandez Jr., 20, had expressed INCEL and violent extremist ideology, but interviews after his arrest indicated that those beliefs did not motivate his attack at an outdoor mall in Arizona, according to preliminary investigative information.At the time of his arrest, Hernandez told detectives he felt bullied and had been and rejected by women. The FBI has opened a counterterrorism investigation to help determine a clear motive.Three people were shot at the Westgate Entertainment District on Wednesday night. One victim, a 19-year-old man, was last reported in critical condition on Thursday, while the other two, a 16-year-old girl and a 30-year-old woman, sustained non-life-threatening injuries, police said. All are expected to survive.Hernandez told authorities he’d scoped out the scene, went back to his car to retrieve his weapon and loaded three rifle magazines to capacity, according to Glendale Police Sgt. Randy Stewart at a press briefing on Thursday. Hernandez admitted he was the shooter, and a black assault rifle was recovered at the scene, Stewart added.Police had previously not known why the suspect stopped firing after allegedly shooting three people, but officials said they now believe his gun malfunctioned.Officials said the incident took place just before 7:25 p.m. local time at the outdoor mall in Glendale, northwest of Phoenix.When police arrived at the mall, the scene was no longer active, according to Tiffany Ngalula, a Glendale Police Department public information officer. Officers said they took the suspect into custody without further incident.Hernandez is facing 16 felony charges, including two counts of aggravated assault causing serious injury and three counts of aggravated assault with a deadly weapon. Police said he could face additional charges as the investigation continues.Ngalula said surrounding businesses had been asked to shelter-in-place so authorities could check for additional victims, witnesses or “any other safety issues.” Police said they don’t believe there are additional suspects.“Our hearts and prayers are with the individuals and families impacted tonight, as well as the first responders and police officers who are on the scene,” Arizona Gov. Doug Ducey said in a statement Wednesday. “The state is here to continue to offer its full support to the victims and to the community.”Authorities said they were aware of reports of disturbing social media videos of the alleged shooter and ask the public to submit them as evidence.Officials said the suspect hasn’t yet explained why he stopped shooting or why he wanted to harm exactly 10 people.“We are thankful that this was not a larger-scale tragedy,” Ngalula said at a media briefing. “We are thankful that there were no more than three victims or that there have not been any fatalities at this time.”The FBI and ATF are assisting in the investigation.State Sen. Martín Quezada said he happened to be at the mall and witnessed the attack.“I just witnessed an armed terrorist with an AR-15 shoot up Westgate. There are multiple victims,” he wrote on Twitter.“I saw 2 victims with my own eyes,” Quezada added. “Not sure how many others I saw the shooter. Being told not to say anything else about details ’til I speak to police. I’m ok. Lots of shaken up people.”Indoor malls in Arizona began to reopen on May 16 amid the COVID-19 pandemic. Outdoor malls began reopening about a week earlier.Copyright © 2020, ABC Audio. All rights reserved.last_img read more

NASA-SpaceX launch forecast includes possible thunderstorm, lightning

first_imgABC NewsBY: DANIEL MANZO AND WILLIAM MANSELL, ABC NEWS(CAPE CANAVERAL, Fla.) — Weather again could throw a wrench in the planned launch for NASA’s SpaceX mission to the International Space Station Saturday afternoon.The forecast for NASA’s SpaceX launch in Cape Canaveral Saturday, unfortunately, calls for scattered thunderstorms, including lightning. While the forecast is not looking as poor as this past Wednesday’s forecast, which forced NASA to scrub the launch, it isn’t looking significantly better either.Wednesday’s launch was called off less than 20 minutes before its scheduled liftoff from the Kennedy Space Center in Florida due to inclement weather.The SpaceX Demo-2 launch will send NASA astronauts Robert Behnken and Douglas Hurley to the ISS on a Crew Dragon spacecraft propelled by a Falcon 9 rocket.Saturday’s launch is currently set for 3:22 p.m. ET.In the Northeast Saturday, much of the region will see a very nice day ahead with temperatures warming into the 70s and some low 80s with dew points becoming increasingly lower through the day. Additionally, clouds will clear out of much of the region during the afternoon, so plenty of sunshine is in the forecast.For much of the west, a storm moving into the region Saturday. The location of the low-pressure system, clearly visible on a satellite Saturday morning off the coast of California, is a little atypical for late May. It more resembles something we would see in the middle of the winter or early spring.The storm will bring some rain into parts of northern California Saturday, which would be welcomed since much of the northern half of California and nearly all of Oregon are in some type of drought condition. Additionally, parts of this region also received a significant heatwave earlier this week. There could be a couple of pockets of flooding with the storm Saturday.The storm will also kick up some winds and as it moves inland, where there looks to be a chance for dry, gusty winds over parts of the desert of Nevada and Utah. There is a fire danger in that region Saturday.As the storm moves into the Northwest, it will likely bring a chance for a couple of severe storms in Oregon and Washington, with gusty, damaging winds the main threat.The storm clears out on Sunday, with cooler weather dominating much of the region in the next couple of days.Meanwhile, in the Atlantic, a cluster of storms well east of the U.S. coastline and well north of the Caribbean is being monitored for tropical development. Right now, there is a 60% chance it will develop in the next five days. Monday is the first official day of the 2020 Atlantic Hurricane season and there have already had two named storms.In the Pacific, a cluster of storms near Guatemala is being monitored for development, with a 70% chance of development in the next five days.Copyright © 2020, ABC Audio. All rights reservedlast_img read more

George Floyd protest live updates: NYC institutes curfew

Mostafa Bassim/Anadolu Agency via Getty ImagesBy JON HAWORTH and EMILY SHAPIRO, ABC News(NEW YORK) — The death of George Floyd, a black man who died on Memorial Day after he was pinned down by a white Minnesota police officer, has sparked outrage and protests in Minneapolis and across the United States.Murder and manslaughter charges have been filed against Derek Chauvin, the officer who prosecutors say held his knee on Floyd’s neck for nearly nine minutes.Chauvin and the other three officers at the scene have been fired. The Department of Justice is investigating.Latest:– Independent autopsy says George Floyd died from asphyxia– More National Guardsmen are on duty now than ever before– Barr sending riot teams to Miami, DCThis story is being updated throughout the day. Please check back for updates. All times Eastern.4 p.m.: NYC curfew to begin at 11 p.m.A curfew in New York City will go into effect from 11 p.m. Monday to 5 a.m. Tuesday in the wake of violence and property damage during Sunday night’s protests, the governor and mayor said.The New York City Police Department will also double its presence.“I stand behind the protestors and their message, but unfortunately there are people who are looking to distract and discredit this moment,” New York Gov. Andrew Cuomo said in a statement. “The violence and the looting has been bad for the city, the state and this entire national movement, undermining and distracting from this righteous cause. While we encourage people to protest peacefully and make their voices heard, the safety of the general public is paramount and cannot be compromised.”Luxury retailers on Madison Avenue were seen Monday boarding up their glass storefronts and windows in anticipation of additional protests.More than 250 people were arrested during protests overnight Sunday in New York City, which included significant looting, vandalism and theft of luxury stores in the SoHo neighborhood.Looting is rare for New York City and Mayor Bill de Blasio on Monday condemned the behavior as “unacceptable.”The NYPD believes the destruction of property, particularly at high-end retail stores, is part of a preconceived plan by agitators who have co-opted the demonstrations related to Floyd’s death.“We’re seeing a lot of outside and independent agitators connected with anarchist groups who are deliberately trying to provoke acts of violence,” Deputy Police Commissioner John Miller said on Sunday.These “agitators” came prepared to commit property damage, Miller said, and directed followers to do so selectively, only in wealthier areas and at high-end stores.More than 1,000 people have been arrested since protests began in New York City on Thursday.One in seven protesters who have been arrested are from outside the city, the NYPD said, including states such as Massachusetts, Connecticut, Pennsylvania, Iowa, New Jersey, Nevada, Virginia, Maryland, Texas and Minnesota.Among the 345 arrested Saturday night was the mayor’s 25-year-old daughter, Chiara. She was arrested for unlawful assembly and given a desk appearance ticket, according to NYPD sources.“I love my daughter deeply,” de Blasio said Monday. “I’m proud of her that she cares so much.”“She was acting peacefully. She believes that everything she did was in the spirit of peaceful, respectful protest,” de Blasio said. “I will let her speak for herself … But I admire that she was out there trying to change something that she thought was unjust.”The NYPD overall “showed restraint” as they worked to keep the peace and allow demonstrators to continue to protest on Sunday, the mayor said.But De Blasio did condemn what he called the rare act of officers acting inappropriately, bringing up the “troubling video” of two police cars moving through a crowd in Brooklyn Saturday night.Video showed one police SUV being blocked by a group of protesters behind a barricade as various items and objects can be seen striking the vehicle. Another NYPD SUV then pulled up alongside the first vehicle before both of them can be seen accelerating into the crowd of people knocking many of them over as the screaming and yelling from the crowd began to intensify.“Not acceptable,” the mayor said, stressing that there’s “no situation where a police vehicle should drive into a crowd of protesters or New Yorkers.”The incident is under investigation.De Blasio also called for the officer who pulled a gun on a group of protesters to be fired.“Any officer who does the wrong thing there needs to be consequences and they need to be fast,” the mayor said.3:50 p.m.: Denver cleans up, police chief commits to marching with protestersHundreds of volunteers showed up in downtown Denver Monday morning to pick up trash and wash the walls and statues covered in graffiti from Sunday’s massive protest. Denver Police Chief Paul Pazen was spotted wiping away tears. He told ABC News it hurt to see the damage to the city, but it was inspiring to see the massive cleanup effort.Pazen said he also spoke with a young, black protester.“I committed to Neil that I would march with him, I would stand with him and I would do the hard work with him moving forward,” Pazen said. “This is not acceptable. We cannot continue down this path. And if it means coming together and having those hard conversations, getting into some heavy lifts, then our commitment is to do that.”3:10 p.m.: Independent autopsy says George Floyd died from asphyxiaAn independent autopsy requested by Floyd’s family found that he died by homicide, caused by asphyxia due to neck and back compression that led to a lack of blood flow to the brain.The doctors conducting the independent autopsy found that the sustained pressure on the right side of Floyd’s carotid artery prevented blood flow to the brain and that the weight on his back kept him from breathing.The weight, the handcuffs and the positioning were contributory factors because they hurt Floyd’s diaphragm, doctors said, adding that it appeared Floyd died at the scene.The combined effects of being restrained, possible intoxicants in his system and underlying health issues — including heart disease — probably played a role in his death, doctors said. The preliminary findings reported “no physical findings that support a diagnosis of traumatic asphyxia.”Floyd’s family is calling for the arrest of the three other officers at the scene and for a first-degree murder charge for Derek Chauvin, the since-fired officer who pinned Floyd to the ground.2:30 p.m.: Total of 65 US Park Police injured during DC protestsA total of 65 U.S. Park Police were injured during three nights of protests in Washington, D.C.Most of the injuries came from projectiles being thrown at officers; they were hit with bricks, urine bottles and petroleum-based substances, Sgt. Eduardo Delgado, spokesman for the Park Service, told ABC News.Police arrested 88 people related to the violent demonstrations Sunday night, Metropolitan Police Chief Peter Newsham said. Of those, 44 were charged with felony rioting.Newsham said the city is looking at federal statutes that might be used to prosecute some of those arrested.The entire D.C. National Guard has been activated by Army Secretary Ryan McCarthy to assist U.S. Park Police, according to Master Sgt. Craig Clapper, a spokesman for the D.C. National Guard.The additional forces will be unarmed and in a support role to U.S. Park police and that they will be equipped in protective riot gear, Clapper said.Mayor Muriel Bowser has ordered a two-day curfew, beginning at 7 p.m. Monday.Newsham warned, if you are not a member of the media or performing an essential function, “local and federal police will take you into custody.”1:48 p.m.: More than 400 arrested in Santa MonicaIn Santa Monica, California, more than 400 people were arrested on Sunday.Charges included looting, violating curfew, burglary and assault with a deadly weapon, officials said.While there were no serious injuries, Santa Monica Police Chief Cynthia Renaud on Monday cautioned protesters that the looters “are opportunists” who will “take advantage” of the peaceful protests.She said they “are tracking where peaceful protests are occurring, and they are then going to that city knowing that resources will be tied up ensuring first amendment rights to free speech. And they take advantage of that, and they loot and they perform criminal activity.”1:20 p.m.: More National Guardsmen on duty now than ever beforeBetween the George Floyd protests and the COVID-19 pandemic, there are more National Guardsmen on duty right now for a domestic response than ever before, the National Guard Bureau said.There are now 66,700 activated National Guard soldiers and airmen. To put that in context, for Hurricane Katrina in 2005, more than 51,000 were activated.The National Guard is now active in the District of Columbia and at least 25 states: Alabama, Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Michigan, Minnesota, Missouri, North Carolina, North Dakota, Nevada, Ohio, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, Washington state and Wisconsin.New York Gov. Andrew Cuomo said the National Guard is on standby but not needed in New York City at this time because the NYPD is such a large police force.1 p.m.: ‘Miraculous’ that no one injured when truck barreled toward Minnesota crowdIn Minneapolis — the epicenter of the protests — a memorial will be held for George Floyd on Thursday, Gov. Tim Walz saidSome of the Minnesota National Guard will be redeployed and sent home, he said.On Sunday afternoon, between 5,000 and 7,000 people joined in a “very peaceful demonstration” at Minneapolis’ U.S. Bank Stadium, said DPS Commissioner John Harrington.Then the group moved to the freeway, and that was when a tanker truck started barreling toward the crowd.Harrington called it “miraculous” that there were no deaths or injuries.Walz also commended the peaceful protesters who jumped in to protect the truck driver, even though at the time the driver appeared poised to assault them.It does not appear that the truck driver headed toward the protesters intentionally, Harrington said.“He saw the crowd and initially, what it looks like, he panicked, and he just kept barreling forward,” Harrington said. “And then he saw … a young woman on a bike fall down in front of him and he slammed on the brakes. And he slid for a certain period of time until the vehicle stopped.”The driver is facing assault charges.12:17 p.m.: 1 dead from police shooting in LouisvilleThe Kentucky State Police will independently investigate a deadly shooting that took place overnight at the hands of police, Gov. Andy Beshear said.Around midnight, officers with the Louisville police and the Kentucky National Guard were trying to disperse a crowd when they “were fired upon,” Beshear said.The local police and National Guard returned fire, “resulting in a death,” Beshear said.Additional details were not immediately released.12 p.m.: Nearly 700 arrested in ChicagoJust on Sunday, 699 people were arrested in Chicago, primarily for looting, David Brown, superintendent of the Chicago Police, said Monday.Brown addressed the rioters and looters directly, saying, “you disgraced the name of Mr. Floyd by your actions.”“Hate can never drive out hate,” Brown said, and he vowed, “we will hold you accountable.”Brown also addressed the late George Floyd directly, saying, “We are embarrassed by the cops in Minneapolis’ use of force, asphyxiating you on the streets.”“We stand with Mr. Floyd’s family,” he said.11:38 a.m. Barr sending riot teams to Miami, DCA senior Department of Justice official says U.S. Attorney General William Barr has directed the Bureau of Prisons to send riot teams (Special Operation Response Teams) to Miami and Washington, D.C. to help with crowd control, a senior DOJ official said.The team was already present in Miami over the weekend, this official said.On Sunday night, Barr also dispatched the FBI’s Hostage Rescue Team to help D.C. police.All FBI field offices have been instructed to set up command posts to deal specifically with the protests in nearby communities, the official said.10:24 a.m.: Minnesota AG ‘seriously looking’ at prosecuting other officersMinnesota Attorney General Keith Ellison said on SiriusXM’s “The Joe Madison Show” on Monday that he’s “very seriously looking at” prosecuting the three other officers who were at the scene of Floyd’s death.“I’m not prepared to announce anything at this moment,” Ellison said, adding, “I will say that we are going to hold everybody accountable for what they did wrong and what they did that’s illegal.”“We are reviewing the video tapes, the audio tapes, all the evidence, and we will make a charging decision based on the facts that we can prove,” he said.Hennepin County Attorney Mike Freeman said Sunday that he has asked Ellison to help with the case.At a Sunday night news conference Ellison said he wanted to give people “a dose of reality.”“Prosecuting police officers for misconduct is very difficult,” Ellison said. “We are pursuing justice relentlessly and we are pursuing it on behalf of the people of Minnesota.”9:13 a.m.: Miami-Dade County mayor wants to honor protesters who stopped potential lootersIn Miami, video overnight showed a group of protesters shattering the glass door of a CVS as they prepared to loot the store — only to be stopped by a group of peaceful protesters who formed a line to prevent them from entering. Police then arrived and dispersed the crowd.Monday morning, Miami-Dade County Mayor Carlos Gimenez said he wants to meet and commend the protesters who kept the potential looters from breaking in.“Anyone who can identify the people responsible for keeping the peace as they, themselves, properly exercised their right to assemble and protest, please reach out to the Mayor’s office via social media on the Mayor’s Facebook page Mayor Carlos A. Gimenez, or on Twitter @mayorgimenez,” he said in a statement.2:22 a.m.: Derek Chauvin moved to state prison in Oak Park Heights, MinnesotaDerek Chauvin, the officer accused of killing George Floyd, is now in custody at the state prison in Oak Park Heights, Minnesota, said Minnesota Department of Corrections Commissioner Paul Schnell.Hennepin County Sheriff David Hutchison made the request to move him over concerns about the large number of people who could possibly be booked into Hennepin County Jail Sunday night, and concerns over COVID-19.Chauvin’s court date has been pushed back a week to June 8.1:40 a.m.: In several cities, protesters and police share a hugAlthough Sunday’s protests included much of the looting and violence of the previous week’s demonstrations, there were signs throughout the country that relations between protesters and police were warming.In Orlando, Florida, photos on social media showed two police officers holding hands with protesters through a barricade.Video showed a Florida Highway Patrol trooper in Miami detach himself from a security line to offer a hug to a woman sitting on a motor scooter, who said, “I appreciate your patience” after troopers remained calm when protesters approached them.In New York City’s Foley Square, a cheer went up among protesters when a group of NYPD officers took a knee in a show of solidarity.In Oklahoma City, cameras also captured sheriff’s deputies taking a knee, with some hugging protesters near the Oklahoma County Jail.In Flint, Michigan, video showed Genesee County Sheriff Chris Swanson telling a crowd of protesters that he’d ordered his deputies to lower their batons and that he wanted to make the event “a parade, not a protest.” The crowd then applauded the sheriff and invited him to join the march.12:41 a.m.: Clashes continue in some cities, while others are calmerArrests during Sunday’s protests have driven the total number of demonstrator arrests to 4,100 since protests began early in the week, according to the AP.Confrontations between police and protesters continued for another night in Brooklyn, where demonstrators clashed with officers outside Barclay’s Center.In Boston, an SUV drove through a crowd of protesters but officials said no one appeared to be seriously hurt.In Washington, D.C., members of the U.S. Marshals Service and DEA agents were called in to assist National Guard troops responding to protests near the White House, a Department of Justice official said.In Atlanta, two police officers were fired for using excessive force during an arrest of two college students during Saturday night’s protests. Video of the incident appeared to show officers Tase the two students as they sat in their vehicle, and then forcefully drag them out of the car.Other protests were peaceful. Minnesota Gov. Tim Walz said demonstrators were “largely cooperative.”ABC News’ Luis Martinez, Whitney Lloyd, Will Gretzky, Aaron Katersky, Stephanie Wash, Victor Oquendo, Dee Carden, Jeff Cook, Matt Foster, Alexander Mallin, Matt Zarrell and Marc Nathanson contributed to this report. Copyright © 2020, ABC Audio. All rights reserved. read more