Judge rules in favor of Texas woman after SWAT destroyed her house while pursuing a fugitive
"I've continued fighting this long, because if this can happen to me, it can happen to anyone," Baker told Fox News Digital in an emailed statement. "This case has always been about more than the money for me. I want to see real change."
Baker's ordeal started in July 2020, when she moved to Montana and was in the process of selling her home in McKinney, Texas.
'This Is Personal': Marine Veteran Reacts To Judgment On Federal Loophole Police Used To Seize His Cash
Wesley Little kidnapped a 15-year-old girl, fled from police and took refuge in Baker's home. Police surrounded the house and Little eventually released the teen but refused to surrender, according to court documents.
A SWAT team tried to draw him out by launching a barrage of tear gas canisters at the house, shattering windows and punching holes in walls.
Read On The Fox News App
When police finally entered the house, they discovered that Little had killed himself.
Baker's daughter's Chihuahua was inside during the onslaught and was left blind, deaf and sick from the tear gas and explosions. The dog eventually had to be put down, Baker said. A hazmat crew disposed of almost everything inside the house because it was saturated with a toxic film from the teargas, according to court documents.
Damage to the home totaled at least $50,000, according to Baker and her attorneys at the nonprofit civil liberties law firm Institute for Justice.
But her insurance company refused to cover the bulk of the damage because her policy — like most — excludes damage caused by the government.
Justice Department Halts Dea's Random Searches Of Airport Travelers After Report Finds 'Serious Concerns'
Baker tried to file a property damage claim with the city of McKinney, but officials refused to pay, citing qualified immunity, a doctrine often used to shield police and other government agencies from being sued for violating people's rights or destroying property during the course of their work.
The Institute for Justice sued under the Fifth Amendment and the Texas Constitution, arguing that police may have been authorized to seize Baker's home in the interest of pursuing a dangerous fugitive, but that they should have to pay her just like they would if the government seized a home to build a road or other infrastructure.
A prolonged legal saga followed, with one federal judge ruling in 2022 that Baker should be compensated and a jury awarding her nearly $60,000 in damages. The following year, the 5th Circuit Court of Appeals reversed her Fifth Amendment win.
The U.S. Supreme Court declined to hear the case last year, but Justices Sonia Sotomayor and Neil Gorsuch acknowledged the high court has yet to address whether the government can require individuals to bear the cost of police actions.
Last week, a U.S. district court judge ruled again that Baker is entitled to $59,656.59 plus interest under the Texas Constitution.
"This ruling makes it clear that the Texas Constitution's promise of just compensation applies when police destroy innocent people's property, and that this entire lawsuit could have been avoided if the city simply did the right thing in the first place," IJ attorney Jeffrey Redfern, who represented Baker, said in an emailed statement to Fox News Digital.
The City of McKinney is "evaluating its options for appealing this ruling," a spokesperson confirmed to Fox News Digital.
The city previously offered to pay the full amount of the damage to settle the case, but Baker's team says they refused to settle unless the city also changed its policies to protect all homeowners from similar actions in the future.
Redfern said he still hopes the Supreme Court will hear a case similar to Baker's in the future so "we can ensure that the United States Constitution also protects innocent property owners in cases like this."
"I want to make sure that cities around the country are doing the right thing and paying just compensation to people in similar situations," Baker said.Original article source: Judge rules in favor of Texas woman after SWAT destroyed her house while pursuing a fugitive
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Fox News
9 hours ago
- Fox News
Cincinnati police union rips arrest of White victim in viral street attack as political interference
The Cincinnati police union slammed a criminal case being brought against a victim in last month's viral beatdown over the man's alleged role in the violence. A 45-year-old White man was arrested earlier this week in connection to the assault in the city's downtown area, the Cincinnati Police Department confirmed to Fox News Digital. Authorities have not named the suspect, who police said was a victim in the attack and therefore is protected under Marsy's Law, which prevents officials from releasing his identity. The victim's lawyer, Douglas Brannon, revealed his client was allegedly hit in the head 28 times and robbed during the attack, according to FOX 19. The man "is continuing to suffer from his injuries. He was brutally beaten in the attack, like many others were, and he's continuing his medical treatment," Brannon told the outlet. "Still kinda processing on how this victim-blaming has happened." Brannon reportedly pointed to his client acting in self-defense during the attack, while vowing to fight the charges. "It's very clear in all of the videos, except those edited for political purposes, that [he] was, in fact, acting in self-defense of himself and his friends," Brannon said. Brannon did not immediately respond to Fox News Digital's request for comment. The fight broke out on the corner of West Fourth and Elm streets in the early morning hours of July 26. Bystander footage of the assault shows a White man hitting a Black man wearing a red shirt in the face, moments before the scene devolved into chaos, ultimately leaving six people injured and quickly going viral online. The man is charged with disorderly conduct and has been ordered to appear in court on Aug. 26. He is the eighth person to be arrested for his alleged involvement in the beatdown. In light of the latest development, community leaders throughout Cincinnati have spoken out about the man's arrest – with some officials previously calling for the individual to be charged, as the first seven suspects are Black. "We have been clear about the fact that anyone involved in perpetrating violence should be held accountable," Mayor Aftab Pureval said in a statement, according to WLWT. "This is another step toward achieving that, and I want to thank CPD and the prosecutors for their hard work as this process continues." However, Cincinnati Fraternal Order of Police President Ken Kober ripped the arrest after previously accusing the Pureval administration of exerting pressure on law enforcement to find a crime to charge the victims with. "City Solicitor [Emily] Woerner and the Pureval administration's blatant political meddling is the most egregious I've witnessed in my career," Kober said in a statement to Fox News Digital. "Overruling law enforcement and prosecutors for cheap political points is a disgraceful stain on our city, and those responsible should be utterly ashamed of themselves." Ohio state Rep. Cecil Thomas sounded off on the severity of the charges, after previously hosting a town hall to discuss the city's handling of the investigation. "The charge of Disorderly Conduct, a fourth-degree misdemeanor, is a slap in the face to the Black Community," Thomas said in a statement to Fox News. "This only inflames the community even more. The proper charges for him should have been assault and aggravated rioting. However, if the city or prosecutor truly wanted to diffuse this situation and bring the temperature down, they should drop all aggravated rioting charges and reduce all felonious assault charges down to misdemeanor assault, except for the individual that struck the lady. Under no circumstance can I condone a man hitting a woman. Charge everyone, black or white accordingly and let the courts decide their fate. End of story." David Whitehead, president of the city's NAACP chapter, also reportedly reacted to the new charges. "The Cincinnati NAACP stands by and advocates for justice under the law," Whitehead said, according to WLWT. "We still question the fairness in charging based on the information we have seen and the conversations we have had. Street altercations typically result in disorderly conduct charges and there are at least five defendants being charged beyond that. We look forward to learning more about the cases and receiving the findings of the final investigation. In the meantime, we encourage everyone who believes in a fair judicial system to register to vote, because that's how jury pools are determined." Pureval and Whitehead did not immediately respond to Fox News Digital's request for comment. Patrick Rosemond, 38, Jermaine Matthews, 39, Montianez Merriweather, 34, DeKyra Vernon, 24, Dominique Kittle, 37, and Aisha Devaughn, 25, are each charged with three counts of alleged felonious assault, three charges of assault and two charges of aggravated rioting, the Hamilton County Prosecutor's Office confirmed to Fox News Digital. Last week, authorities also announced the arrest of 32-year-old Gregory Wright. Wright was arraigned on alleged aggravated riot and aggravated robbery charges on Thursday morning, where he appeared virtually in the Hamilton County Jail. According to court documents, Wright, who is a convicted heroin trafficker with a lengthy criminal record, "did by force rip the necklace off the victim while he was being assaulted by four or more co-defendants, attempting to cause serious physical harm." On Thursday, an Ohio judge lowered Wright's bond from $100,000 to $50,000, but he is only required to pay 10% – or $5,000 – to be released. Wright's attorney did not immediately respond to Fox News Digital's request for comment.
Yahoo
14 hours ago
- Yahoo
‘Jeepers Creepers: Crawlin' for Kids' to support Arkansas foster children
As victim services across the nation face funding cuts, Arkansas' CASA programs are joining forces for a statewide fundraiser that mixes Jeeps, Halloween fun and a powerful cause: advocating for children in foster care. 'Jeepers Creepers: Crawlin' for Kids' will feature a series of events across Arkansas, with a single ticket granting access to all locations. Locally, CASA of the 5th Judicial District will host its event at 3 p.m. Saturday, Oct. 25, at the Johnson County Fairgrounds in Clarksville. The family-friendly event will include a Jeep costume contest, a kids' costume contest, trunk-or-treat, food trucks and vendor booths. 'We are so excited to host this event that's going to be a fun time for families, Jeep enthusiasts and help support our advocacy for children in foster care,' said Genney Baker, executive director of CASA of the 5th Judicial District and organizer of the statewide effort. CASA (Court Appointed Special Advocates) of the 5th trains community volunteers to speak up for the best interests of children in foster care, ensuring each child has a consistent, caring adult throughout the court process. Tickets are $40 for Jeep owners participating in the events and include entry to all 'Jeepers Creepers' gatherings statewide. Attendance is free and open to the public. Organizers also are seeking sponsors at local, statewide and corporate levels to help expand the program's impact. For more information, sponsorship opportunities or to participate, email arjeeps4casa@ or visit the 'Arkansas Jeepers Creepers' Facebook page. Tickets are available online at Local inquiries may be directed to Baker at casa5executivedirector@ or 479-880-1195. This article originally appeared on Fort Smith Times Record: CASA to host Jeepers Creepers fundraiser for foster care advocacy Solve the daily Crossword
Fox News
14 hours ago
- Fox News
Menendez brothers confront parole board before Gov Newsom decides whether to set killers free
Erik and Lyle Menendez are set to appear before California's parole board this week — a pivotal moment nearly 30 years after they were convicted of murdering their parents in one of the country's most infamous criminal cases. Erik's parole hearing is scheduled for Thursday, followed by Lyle's on Friday, both held via videoconference from Richard J. Donovan Correctional Facility in San Diego. This marks the first time the brothers have been eligible for parole, following a May decision by a Los Angeles judge to reduce their sentences. The Menendez brothers were sentenced in 1996 to life without the possibility of parole for the 1989 killings of their parents, Jose and Kitty Menendez, in the family's Beverly Hills mansion. At the time of the crime, Erik was 18 and Lyle was 21. Prosecutors argued the murders were financially motivated, pointing to the couple's multimillion-dollar estate. The defense, however, claimed the brothers had endured years of sexual and emotional abuse at the hands of their father, leading to a violent confrontation. For decades, the Menendez brothers have remained behind bars. However, in May 2025, a judge reduced their sentences to 50 years to life, citing a California law that allows parole consideration for individuals who were under 26 when their crimes were committed. A panel of two or three parole commissioners, appointed by the governor, will evaluate each brother individually. The board will weigh rehabilitation efforts, prison conduct, expressions of remorse, and plans for reintegration into society. Even if parole is granted, their release would not be immediate. The board's chief counsel has 120 days to review any decision, after which California Gov. Gavin Newsom has an additional 30 days to affirm or reverse it. Newsom has said in past remarks that he takes his oversight role seriously and will assess each case carefully. On his podcast, "This is Gavin Newsom," last month, he told "Monsters" creator Ryan Murphy that he intentionally avoided watching the Netflix series about the Menendez brothers to ensure his judgment remains free from outside influence. Newsom, who had previously ordered a comprehensive risk assessment (CRA) in response to a clemency petition, has said he takes public safety seriously and has both upheld and overturned parole board decisions in the past. The governor holds the final say and is expected to make a decision by Labor Day if the parole board recommends release. "This week's parole board hearing is important, but it's not the end of the road for Erik and Lyle Menendez," Neama Rahmani, president of West Coast Trial Lawyers and a former federal prosecutor, told Fox News Digital. Rahmani added that the parole board commissioners will "render a recommendation that same day, usually immediately or after conferring privately for less than an hour." "If they recommend release, that decision will go to the governor's desk first, so the Menendez brothers won't be released immediately," Rahmani explained. "Newsom will have to sign the order and it may take days to do so. Similarly, if the board denies parole, Newsom can still pardon the brothers or commute their sentence. If the brothers are not paroled, they will have to wait years to go before the board again." Newsom's office declined to comment. Separate from the parole process, legal efforts to overturn or reconsider the brothers' convictions are still underway. In May 2023, attorneys for the brothers filed a habeas corpus petition citing new evidence of abuse. A judge has since ordered prosecutors to explain why the convictions should not be reconsidered, signaling potential movement in the case. Los Angeles District Attorney Nathan Hochman labeled the petition a "Hail Mary" effort, stressing that justice and the law demand the convictions stand. Ahead of the hearings, Hochman's office released a statement, along with a 75-page filing, maintaining a firm opposition to the Menendez brothers' parole on the grounds that they have never fully accepted responsibility for the murders of their parents. "The Menendez brothers have never fully accepted responsibility for the horrific murders of their parents, instead continuing to promote a false narrative of self-defense that was rejected by the jury decades ago," Hochman's office said. "We have consistently opposed their release because they have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated, and therefore continue to pose a risk to society." Hochman said his office will evaluate their final stance based on the evidence presented at the hearing. Meanwhile, the brothers' lawyer, Mark Geragos, advocated for Erik's release last month after a hospitalization due to a serious but undisclosed medical condition. Erik has since returned to prison. The Justice for Erik and Lyle Coalition, a family-led initiative advocating for the brothers' release, shared a statement ahead of the parole hearings, saying they remain hopeful, but understand the hurdles they still have to overcome. "As always, our family remains cautiously optimistic, grounding ourselves in the reality that California's parole process is incredibly rigorous, with low grant rates. We respect that and know Erik and Lyle are prepared for that level of scrutiny," the statement read. "For more than 35 years, they have shown sustained growth," the coalition added. "They've taken full accountability. They express sincere remorse to our family to this day and have built a meaningful life defined by purpose and service. Something that has really stayed with us, especially as we near the parole hearings, is what Judge Jesic said during resentencing: that while Erik and Lyle have a stellar record, it was the letters of support from individuals who had never spoken up for an incarcerated person before that impacted him most. It's a reminder that no paper file can fully capture a person's character. But we see it. Correctional staff see it. Now, we hope the parole commissioners will see the same. We know that Erik and Lyle will come home, that is no longer a doubt. We just hope that they are granted this second chance in time to hug their Aunt Joan and Aunt Terry." Interest in the Menendez case has surged again in recent years, fueled by popular media portrayals and changing public sentiment. Netflix released "Monsters: The Lyle and Erik Menendez Story" and a companion documentary, "The Menendez Brothers," in 2024, drawing attention to the abuse allegations that played a central role in the brothers' defense. The series co-creator, Ian Brennan, shared what outcome he is hoping to see for the Menendez brothers during an interview with the Hollywood Reporter, calling it a complex case. "What I believe about the truth of the case really changes from hour to hour. The further we went into researching this, the more confused I got, because their testimony and story throughout did involve a lot of lies. The fact that Erik was writing a screenplay that involved murdering your parents is just weird stuff," Brennan explained. "I think their story is a lot of lies, but there's a lot of truth to it. If they were somehow not granted parole, I would be very sad. They've paid that debt," Brennan said. Support for the brothers gained momentum after former Los Angeles County District Attorney George Gascón petitioned for their resentencing in 2023. Despite these developments, prosecutors have resisted early release, arguing that the Menendez brothers have not fully accepted responsibility for their crimes. Hochman's office said that while recent documentaries and films have drawn renewed attention to the brothers' case, "parole decisions must be based solely on the facts and the law." "In recent years, the defendants have continued to promote their fabricated defenses through popular media, including the 2024 Netflix documentary series. In that program, they repeated the same false narratives of abuse and self-defense that they manufactured after their arrests, and which multiple juries and courts have already rejected," Hochman stated in the filing. "Their willingness to appear in such productions, and to leverage them for public sympathy, demonstrates that even more than three decades later, they remain committed to perpetuating lies rather than accepting responsibility for their calculated crimes," he continued. As Erik and Lyle Menendez face their first parole hearings, their future will be decided by the parole board and, ultimately, Newsom. The case, which has drawn national attention for more than three decades, now enters a new phase as the state weighs their potential release. Stepheny Price covers crime, including missing persons, homicides, and migrant crime. Story tips:
