Latest news with #Marsy'sLaw
Yahoo
3 days ago
- General
- Yahoo
Man killed in Middletown police shooting identified
May 28—Investigators Wednesday continued their investigation into a Middletown police officer-involved shooting that killed a man and injured a woman Tuesday morning at a home on Garden Avenue. Michael Anthony Baker Jr., 47, of Middletown was the man killed by police, according the Butler County Coroner's Office. The police officers involved in the shooting have not been identified by the Middletown Police Department, citing Marsy's Law. They have been placed on paid administrative leave. The incident occurred around 7:20 a.m. during the execution of a search warrant by police officers during a drug investigation. No officers were injured in the shooting in the 900 block of Garden Avenue, according to investigators, and the investigation has been turned over to Ohio Bureau of Criminal Investigation. Daniel Hils of Frontline Advisors, which represents the Middletown Fraternal Order of Police, said officers made "numerous" announcements on who they were before breaching the door. Baker came to the door and allegedly pointed a handgun at the police officers when he was shot, according to Hils. "Being involved in something like this is not in anybody's plan, and nobody wants to face that type of life and death situation," Hils said. There were other search warrants that were happening in and out of Middletown and more may be coming, Hils said. A woman in the house was injured from bullet shrapnel to her ankle, according to Hils. She was taken to the hospital for treatment of non-life threatening injuries. Garden Avenue was blocked off by police tape between Woodside Boulevard and Pine Street for more than 10 hours on Tuesday. Spencer Kidd, a neighbor, told the Journal-News he heard three gunshots after observing officers conducting the search warrant. "I was hoping nobody was hurt, but that's obviously not the case now," Kidd said. BCI will complete an independent review of the circumstances, according to Butler County Prosecutor Mike Gmoser. The investigation will then be transferred to Gmoser, who will present evidence to the Butler County Grand Jury. "I applaud Chief Nelson for getting BCI involved," Gmoser said. This is an ongoing investigation, and more details are to come, including the name of injured woman and body cam footage, which will not be released until the case has been presented to Grand Jury. This is the third police-involved shooting in Middletown since February 2023. A Butler County grand jury declined to issue any criminal charges against a Middletown police officer who fatally shot a man who opened an apartment door holding a gun on Christmas Eve 2024 at Olde Towne Apartment complex. Christopher Gorak, 50, died of multiple gunshot wounds, according to the Butler County Coroner's Office. Investigation of the incident indicates Gorak was also "heavily intoxicated," according to the county prosecutor's office. "(The grand jury) determined that no indictment alleging criminal conduct against any involved officer should be issued and that the death of Christopher Gorak was justified," Butler County Prosecutor Michael Gmoser said. In April 2023, Middletown police responded to the same apartment complex when they were shot at by a suspect. They returned fire and hit the suspect, wounding the man. Kyle Kellum recovered, was indicted for felonious assault involving a police officer, but found to be not guilty by reason of insanity following a bench trial in common pleas court. In February 2023, Middletown police shot and killed a man who pointed a weapon at them in the parking lot of the Walmart on Towne Boulevard. No charges were filed against the two Middletown officers in the deadly shooting. The officers' use of deadly force in the Feb. 25 shooting of 47-year-old Victor Lykins was deemed reasonable by the Warren County Prosecutor's Office, Prosecutor David Fornshell announced after reviewing investigation results. In Morrow County on Monday, a sheriff's deputy, Daniel Weston Sherrer, 31, was shot and killed after responding to a domestic situation call, according to Morrow County Sheriffs Office in Mt. Gilead, Ohio. "Our county is a closely-tied community which has always supported its law enforcement agencies and that backing is evident during this time of grief," a statement read. The subject was also shot and was transported to a hospital in serious condition. The incident remains an active investigation.
Yahoo
3 days ago
- General
- Yahoo
Man killed in Middletown police shooting identified
May 28—Investigators Wednesday continued their investigation into a Middletown police officer-involved shooting that killed a man and injured a woman Tuesday morning at a home on Garden Avenue. Michael Anthony Baker Jr., 47, of Middletown was the man killed by police, according the Butler County Coroner's Office. The police officers involved in the shooting have not been identified by the Middletown Police Department, citing Marsy's Law. They have been placed on paid administrative leave. The incident occurred around 7:20 a.m. during the execution of a search warrant by police officers during a drug investigation. No officers were injured in the shooting in the 900 block of Garden Avenue, according to investigators, and the investigation has been turned over to Ohio Bureau of Criminal Investigation. Daniel Hils of Frontline Advisors, which represents the Middletown Fraternal Order of Police, said officers made "numerous" announcements on who they were before breaching the door. Baker came to the door and allegedly pointed a handgun at the police officers when he was shot, according to Hils. "Being involved in something like this is not in anybody's plan, and nobody wants to face that type of life and death situation," Hils said. There were other search warrants that were happening in and out of Middletown and more may be coming, Hils said. A woman in the house was injured from bullet shrapnel to her ankle, according to Hils. She was taken to the hospital for treatment of non-life threatening injuries. Garden Avenue was blocked off by police tape between Woodside Boulevard and Pine Street for more than 10 hours on Tuesday. Spencer Kidd, a neighbor, told the Journal-News he heard three gunshots after observing officers conducting the search warrant. "I was hoping nobody was hurt, but that's obviously not the case now," Kidd said. BCI will complete an independent review of the circumstances, according to Butler County Prosecutor Mike Gmoser. The investigation will then be transferred to Gmoser, who will present evidence to the Butler County Grand Jury. "I applaud Chief Nelson for getting BCI involved," Gmoser said. This is an ongoing investigation, and more details are to come, including the name of injured woman and body cam footage, which will not be released until the case has been presented to Grand Jury. This is the third police-involved shooting in Middletown since February 2023. A Butler County grand jury declined to issue any criminal charges against a Middletown police officer who fatally shot a man who opened an apartment door holding a gun on Christmas Eve 2024 at Olde Towne Apartment complex. Christopher Gorak, 50, died of multiple gunshot wounds, according to the Butler County Coroner's Office. Investigation of the incident indicates Gorak was also "heavily intoxicated," according to the county prosecutor's office. "(The grand jury) determined that no indictment alleging criminal conduct against any involved officer should be issued and that the death of Christopher Gorak was justified," Butler County Prosecutor Michael Gmoser said. In April 2023, Middletown police responded to the same apartment complex when they were shot at by a suspect. They returned fire and hit the suspect, wounding the man. Kyle Kellum recovered, was indicted for felonious assault involving a police officer, but found to be not guilty by reason of insanity following a bench trial in common pleas court. In February 2023, Middletown police shot and killed a man who pointed a weapon at them in the parking lot of the Walmart on Towne Boulevard. No charges were filed against the two Middletown officers in the deadly shooting. The officers' use of deadly force in the Feb. 25 shooting of 47-year-old Victor Lykins was deemed reasonable by the Warren County Prosecutor's Office, Prosecutor David Fornshell announced after reviewing investigation results. In Morrow County on Monday, a sheriff's deputy, Daniel Weston Sherrer, 31, was shot and killed after responding to a domestic situation call, according to Morrow County Sheriffs Office in Mt. Gilead, Ohio. "Our county is a closely-tied community which has always supported its law enforcement agencies and that backing is evident during this time of grief," a statement read. The subject was also shot and was transported to a hospital in serious condition. The incident remains an active investigation.
Yahoo
24-05-2025
- Yahoo
Tesla road rage driver's new arrest a ‘foreseeable consequence,' California victims say
Local victims of Nathaniel Radimak, the Tesla driver convicted of assaulting women in a series of road rage cases, are calling his early prison release a 'failure' after he allegedly attacked another driver – this time in Hawaii. Radimak, 38, was arraigned Thursday in Honolulu, Hawaii, where he pleaded not guilty. According to police, on May 8, an 18-year-old woman was parking her car with her 35-year-old mother in the passenger seat when a gray Tesla sped past them. Words were exchanged, and the man allegedly assaulted both women before fleeing in the Tesla. Radimak, who was arrested the following day, faces charges of misdemeanor assault and unauthorized entry into a motor vehicle. Bail was set at $100,000. 'When justice is not done, the public is endangered,' said prominent victims' rights attorney Gloria Allred at news conference in Los Angeles on Friday that included several of Radimak's previous victims. 'He goes to Hawaii, and then all of this happens … yes, absolutely, failure of the system.' In 2023, Radimak was sentenced to five years in prison for attacking SoCal motorists with a metal pole in multiple incidents, two of which were captured on video. He was released 212 days early for good behavior, a decision Allred and her clients criticized at the time. 'I believe [the Hawaii] incidents were a foreseeable consequence of a system that repeatedly failed to address his pattern of violence and his pattern of behavior,' said Vivian Romero, one of Radimak's prior victims. Allred claims former District Attorney George Gascon did not consult with her or the victims before the plea agreement, and they were not given the opportunity to speak at Radimak's sentencing, allegedly violating Marsy's Law. Marsy's Law, named after UC Santa Barbara student Marsy Nicholas, who was murdered by her ex-boyfriend in 1983, was approved by California voters in 2008. It ensures victims and their families are involved in each step of the criminal justice process. California road rage driver assaulted behind bars following Hawaii arrest 'It is sickening that Nathaniel Radimak, after being released from prison early, has appeared to violate his parole,' said Beth Lamprecht, another victim. 'There was every reason to doubt any chance of reform for this repeat offender. His return to violence underscores that he has not been willing to control his actions.' Radimak's Hawaii case took an unusual twist when he was beaten by fellow inmates on May 12 while awaiting arraignment on the new charges. He suffered injuries to his face and torso and required hospitalization. 'I personally, as a lawyer, cannot say that vigilante justice should be inflicted, even if the actual justice system has failed the victims,' Allred remarked. 'Now, people may feel differently, but that's my statement as a lawyer.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
22-05-2025
- Yahoo
Police identify man killed by officer in northeast Columbus
COLUMBUS, Ohio (WCMH) — Police have identified a man who was killed on Monday by an officer after a domestic violence call in northeast Columbus. Jerry D. Smith, 37, was shot and killed after he reportedly fired at officers who were responding to a domestic violence call on Hampton Woods Court, police said. The two officers who were involved were 25- and 28-year veterans of the Columbus Division of Police. Police did not release the officers' names, citing Marsy's Law. A hurried change to a law meant for crime victims now shields the identities of officers who kill According to Columbus police, officers responded to the Easton Ridge Apartments on Hampton Woods Court in the Strawberry Farms neighborhood at approximately 9:40 p.m. When officers arrived at around 10 p.m. they were reportedly shot at while a woman was being held hostage. SWAT and hostage negotiators were notified and responded to the scene. Columbus Division of Police Sgt. Joe Albert said over the next hour he was able to make contact with Smith over the phone and with the assistance of negotiators attempted to deescalate the incident. The suspect continued to fire shots at SWAT officers on multiple occasions. 'He means it': Neighbor called 911 before Columbus police kill suspect At 11:46 p.m., Smith reportedly opened the door while holding the woman and raised a gun, at which time officers shot and injured him. He was pronounced dead at 11:55 p.m. The woman was able to escape and run towards safety. No officers were injured and the Ohio Bureau of Criminal Investigation is investigating the shooting. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
09-05-2025
- Yahoo
Menendez Brothers' Attorney Seeks Recusal of District Attorney From Resentencing, Citing Bias
The Menendez brothers' battle for freedom is bringing their attorneys to court in Los Angeles again for a Friday hearing as the the incarcerated duo, who have been behind bars for over 30 years after being found guilty of the shocking 1989 Beverly Hills double murder of their parents, seek to boot the L.A. District Attorney's Office from the case entirely, citing the new D.A.'s bias and a conflict of interest. Friday's court hearing will be the latest in a series regarding the potential resentencing of Erik Menendez, 54, and his older brother, Lyle Menendez, 57. It comes a month after Los Angeles County Superior Court Judge Michael Jesic refused District Attorney Nathan Hochman's request to toss out his predecessor George Gascón's request that a resentencing for the brothers be considered. More from The Hollywood Reporter Who Are the Top Lawyers Sean "Diddy" Combs Hired For His Dream Defense Team? Dual Lawsuits Accuse and Deny José Menendez's Alleged Sexual Assaults of Menudo Members Menendez Brothers' Bid for Shorter Sentence and Possible Parole Is Delayed Again The brothers were not allowed to use their 'imperfect' self-defense argument in their second joint trial, or any evidence that they'd been abused sexually and emotionally by José Menendez for most of their lives. Recent compelling evidence that indicated the brothers were telling the truth about the abuse they suffered has caused a sea change in how their extended family and the public at large view the case. Hochman, who said he spent a great deal of time poring over the case since taking office last year, is not one of those compelled by the new evidence and has stated that the brothers can not be released until they admit their motivation was greed, not self-preservation. His office's assessment points to 16 'unacknowledged' lies that they say the brothers have told about the murders; Hochman has shown a staunch refusal to acknowledge any form of abuse was talking place in the Menendez home and like the prosecutors in their second trial, views the murders as a cold-blooded money grab from the boys from a wealthy family. Because Hochman does not consider the new evidence in the case valid, he refuses to consider resentencing for the brothers; he believes that they have not 'accepted complete responsibility for their actions.' This and other factors are why, in a recent court filing, the Menendez brothers' attorneys wrote, 'absent recusal, a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair treatment through all related proceedings.' Defense attorney Mark Geragos has also said a prosecutor in the case violated Marsy's Law by showing a crime scene photo during a hearing. The shock of seeing this sent one of the Menendez brothers' relatives to the hospital from the courthouse hearing last month. There's also the removal, by Hochman as he overtook the L.A. D.A.'s office, of two prosecutors who worked under Gascón on the Menendez case and supported their resentencing. Both are suing D.A. Hochman after they were quickly moved out of the department where they looked at cases for potential resentencing, saying they were demoted in retaliation for their support of the Menendez resentencing bid. In addition, Hochman has hired an attorney who had represented a Menendez family member who opposed their resentencing. Erik and Lyle Menendez are serving life prison sentences without the possibility of parole for the Aug. 20, 1989, shotgun killings of their parents, José and Mary Louise 'Kitty' Menendez. White their claims of abuse and threats to their lives from their parents were it to be revealed led to the killings were not admitted in their second joint trial, a letter Erik wrote to his late cousin surfaced decades later that confirmed the abuse and around the same time, a former member of the Puerto Rican boy band Menudo came forward to claim he was also abused by the Menendez patriarch, who had led RCA Records in the 1980s and signed the group to a $30 million deal. 'Erik and Lyle Menendez are entitled to a fair resentencing process,' the brothers' attorneys wrote in their motion to see Hochman removed from the case. 'José and Kitty Menendez's family members — regardless of what position they take as to resentencing — are all entitled to a fair sentencing process. The public is entitled to a process that appears fair.' The D.A.'s office has refuted the attorneys' claims of bias, writing, 'Other than the fact that they do not agree with, or like, the current legal position of the District Attorney's Office, the defense has completely failed to articulate any legitimate conflict of interest which would create a likelihood that the defendants would be treated unfairly.' The California Attorney General's Office wrote in a filing this week that it agrees with Hochman's office and that the moving around of the two prosecutors and hiring the attorney who worked with a relative doesn't create a 'disabling conflict of interest.' A statement from the Menendez family-led initiative focused squarely on the D.A, stating that recusal is 'about accountability and ensuring [District Attorney] Nathan Hochman's office stops crossing ethical lines and starts respecting our rights as victims under Marsy's Law.' Also to be discussed Friday is the state parole boards' assessments of the Menendez brothers vis-a-vis their clemency request. Separate hearings will be held on June 13 for the brothers, and then the reports will be sent to California Gov. Gavin Newsom for a possible clemency decision from the term-limited state leader. Newsom has signaled that he supports the brothers regaining their freedom but has been meticulous and by-the-book in moving forward the process at the state level. Best of The Hollywood Reporter Hollywood's Most Notable Deaths of 2025 Harvey Weinstein's "Jane Doe 1" Victim Reveals Identity: "I'm Tired of Hiding" 'Awards Chatter' Podcast: 'Sopranos' Creator David Chase Finally Reveals What Happened to Tony (Exclusive)
