Ohio News

Boeing cutting production rate of troubled 737 Max jet

Channel 10 news - Sat, 04/06/2019 - 06:26

Boeing will cut production of its troubled 737 Max airliner this month, underscoring the growing financial risk it faces the longer that its best-selling plane remains grounded after two deadly crashes.

The company said Friday that starting in mid-April it will cut production of the plane to 42 from 52 planes per month so it can focus its attention on fixing the flight-control software that has been implicated in the crashes.

The move was not a complete surprise. Boeing had already suspended deliveries of the Max last month after regulators around the world grounded the jet.

Preliminary reports into accidents in Indonesia and Ethiopia found that faulty sensor readings erroneously triggered an anti-stall system that pushed the plane's nose down. Pilots of each plane struggled in vain to regain control over the automated system.

In all, 346 people died in the crashes. Boeing faces a growing number of lawsuits filed by families of the victims.

Boeing also announced it is creating a special board committee to review airplane design and development.

The announcement to cut production comes after Boeing acknowledged that a second software issue has emerged that needs fixing on the Max — a discovery that explained why the aircraft maker had pushed back its ambitious schedule for getting the planes back in the air.

A Boeing spokesman called it a "relatively minor issue" and said the planemaker already has a fix in the works. He said the latest issue is not part of flight-control software called MCAS that Boeing has been working to upgrade since the first crash.

Chairman and CEO Dennis Muilenburg described the production cut as temporary and a response to the suspension of Max deliveries.

Boeing has delivered fewer than 400 Max jets but has a backlog of more than 4,600 unfilled orders. The Chicago-based company had hoped to expand Max production this year to 57 planes a month.

Indonesia's Garuda Airlines has said it will cancel an order for 49 Max jets. Other airlines, including Lion Air, whose Max 8 crashed off the coast of Indonesia on Oct. 29, have raised the possibility of canceling.

A Boeing official said Friday's announcement about cutting production was not due to potential cancellations. The official spoke on condition of anonymity because Boeing does not publicly discuss those details.

In a statement, Muilenburg said the reduction was designed to keep a healthy production system and maintain current employment — in effect, slowing down production now to avoid a deeper cut later, if fixing the plane takes longer than expected.

Analysts say the absence of deliveries will eat into Boeing's cash flow because it gets most of the cost of a plane upon delivery.

Boeing declined to provide figures, but undelivered Max jets have been stacking up at its Renton, Washington, assembly plant.

Airlines that operate the Max will be squeezed the longer the planes are grounded, particularly if the interruption extends into the peak summer travel season.

They could buy used 737s, but that would be costly because the comparably sized Boeing 737-800 was very popular and in short supply even before the Max problems, according to Jim Williams, publisher of Airfax, a newsletter that tracks transactions involving commercial aircraft.

Williams said that if the Max grounding appears likely to extend into summer it will cause airlines to explore short-term leases, which could push lease rates higher, something that airline analysts say is already happening.

Boeing shares closed at $391.93, down $3.93. In after-hours after news of the production cut, they slipped another $8.98, or 2.3%, to $382.85.

Categories: Ohio News

Judge again halts high-capacity magazine sales in California

Channel 10 news - Sat, 04/06/2019 - 06:25

SACRAMENTO, Calif. (AP) — A federal judge on Friday halted sales of high-capacity ammunition magazines in California, giving state officials a chance to appeal his order last week that allowed their sale for the first time in nearly 20 years.

U.S. District Judge Roger Benitez barred further sales until the 9th U.S. Circuit Court of Appeals considers whether to reinstate the state's ban on magazines holding more than 10 bullets.

But the judge said those who bought the extended magazines since his initial order a week ago may keep them without fear of being prosecuted while the appeal proceeds.

Hundreds of thousands of gun owners may have bought the magazines since Benitez threw out the state's ban last week as infringing on their Second Amendment right to bear arms, said Chuck Michel, an attorney for the National Rifle Association and the California Rifle & Pistol Association who filed the lawsuit that led to the ruling.

Under Benitez's order, no one in California is permitted to manufacture, import, buy or sell large-capacity magazines as of 5 p.m. Friday.

California has prohibited such magazines since 2000, though people who had the magazines before then were allowed to keep them. Benitez last week threw out both the 2000 law and a 2016 law and ballot measure banning possession even by those who had owned them legally.

"All the people who bought the magazines in the last week are protected from prosecution, but any further purchase of these magazines is illegal for the moment," Michel said. "There was 20 years of pent up demand for these self-defense tools, and several hundred thousand people bought them in the last week, maybe more than several hundred thousand."

Attorney General Xavier Becerra, who sought the stay, warned in a court filing that it would be difficult for the state to remove the newly purchased magazines, even if the ban is reinstated.

Becerra cited a half-dozen mass shootings nationwide since 2011 where the killers used large-capacity magazines.

"California leads the nation when it comes to common-sense gun laws. We should all be ensuring the safety of our communities, not fighting against long-standing laws that improve public safety," Becerra said in a statement. He added that he's confident the ban is constitutional.

Benitez acknowledged in his six-page stay order that other judges, in California and elsewhere, have upheld bans on high-capacity magazines.

"The Court understands that strong emotions are felt by people of good will on both sides of the Constitutional and social policy questions. The Court understands that thoughtful and law-abiding citizens can and do firmly hold competing opinions on firearm magazine restrictions," he wrote.

"These concerns auger in favor of judicial deliberation. There is an immeasurable societal benefit of maintaining the immediate status quo while the process of judicial review takes place."

Categories: Ohio News

Judge again halts high-capacity magazine sales in California

Channel 10 news - Sat, 04/06/2019 - 06:25

SACRAMENTO, Calif. (AP) — A federal judge on Friday halted sales of high-capacity ammunition magazines in California, giving state officials a chance to appeal his order last week that allowed their sale for the first time in nearly 20 years.

U.S. District Judge Roger Benitez barred further sales until the 9th U.S. Circuit Court of Appeals considers whether to reinstate the state's ban on magazines holding more than 10 bullets.

But the judge said those who bought the extended magazines since his initial order a week ago may keep them without fear of being prosecuted while the appeal proceeds.

Hundreds of thousands of gun owners may have bought the magazines since Benitez threw out the state's ban last week as infringing on their Second Amendment right to bear arms, said Chuck Michel, an attorney for the National Rifle Association and the California Rifle & Pistol Association who filed the lawsuit that led to the ruling.

Under Benitez's order, no one in California is permitted to manufacture, import, buy or sell large-capacity magazines as of 5 p.m. Friday.

California has prohibited such magazines since 2000, though people who had the magazines before then were allowed to keep them. Benitez last week threw out both the 2000 law and a 2016 law and ballot measure banning possession even by those who had owned them legally.

"All the people who bought the magazines in the last week are protected from prosecution, but any further purchase of these magazines is illegal for the moment," Michel said. "There was 20 years of pent up demand for these self-defense tools, and several hundred thousand people bought them in the last week, maybe more than several hundred thousand."

Attorney General Xavier Becerra, who sought the stay, warned in a court filing that it would be difficult for the state to remove the newly purchased magazines, even if the ban is reinstated.

Becerra cited a half-dozen mass shootings nationwide since 2011 where the killers used large-capacity magazines.

"California leads the nation when it comes to common-sense gun laws. We should all be ensuring the safety of our communities, not fighting against long-standing laws that improve public safety," Becerra said in a statement. He added that he's confident the ban is constitutional.

Benitez acknowledged in his six-page stay order that other judges, in California and elsewhere, have upheld bans on high-capacity magazines.

"The Court understands that strong emotions are felt by people of good will on both sides of the Constitutional and social policy questions. The Court understands that thoughtful and law-abiding citizens can and do firmly hold competing opinions on firearm magazine restrictions," he wrote.

"These concerns auger in favor of judicial deliberation. There is an immeasurable societal benefit of maintaining the immediate status quo while the process of judicial review takes place."

Categories: Ohio News

Pipeline opponents ask judge to strike down Trump's permit

Channel 10 news - Sat, 04/06/2019 - 06:19

BILLINGS, Mont. — Opponents of the long-stalled Keystone XL oil pipeline asked a federal court Friday in a lawsuit to declare President Donald Trump acted illegally when he issued a new permit for the project in a bid to get around an earlier court ruling.

In November, U.S. District Judge Brian Morris ruled that the Trump administration did not fully consider potential oil spills and other impacts when it approved the pipeline in 2017.

Trump's new permit, issued last week, is intended to circumvent that ruling and kick-start the proposal to ship crude oil from the tar sands of western Canada to U.S. refineries.

White House officials have said the presidential permit is immune from court review. But legal experts say that's an open question, and the case could further test the limits of Trump's use of presidential power to get his way.

Unlike previous orders from Trump involving immigration and other matters, his action on Keystone XL came after a court already had weighed in and blocked the administration's plans.

"This is somewhat dumbfounding, the idea that a president would claim he can just say, 'Never mind, I unilaterally call a do-over,'" said William Buzbee, a constitutional scholar and professor at Georgetown University Law Center.

The pipeline proposed by Calgary-based TransCanada has become a flashpoint in the debate over fossil fuel use and climate change.

Opponents say burning crude from the tar sands of Western Canada would make climate change worse. The $8 billion project's supporters say it would create thousands of jobs and could be operated safely.

The line would carry up to 830,000 barrels (35 million gallons) of crude daily along a 1,184-mile path from Canada to Nebraska.

Stephan Volker, an attorney for the environmental groups that filed Friday's lawsuit, said Trump was trying to "evade the rule of law" with the new permit.

"We have confidence that the federal courts_long the protectors of our civil liberties_will once again rise to the challenge and enforce the Constitution and the laws of this land," Volker said.

The White House said in a statement that under the new order, federal officials still would conduct environmental reviews of the project.

However, officials said those would be carried out by agencies other than the State Department, which under Morris' November order would have been forced to conduct another extensive study that could have taken months to complete.

TransCanada spokesman Matthew John said the administration's action "clearly demonstrates to the courts that the permit is (the) product of presidential decision-making and should not be subject to additional environmental review."

Friday's lawsuit was filed in Morris' court, meaning he's likely to get the first opportunity at addressing the legality of Trump's new order. Judges typically do not respond favorably to perceived end runs around their decisions, said Carl Tobias with the University of Richmond law school.

Another legal expert, Kathryn Watts at the University of Washington, said it's unclear where the case will lead. Trump's permit wades into "uncharted, unsettled" legal territory, she said.

The pipeline's route passes through the ancestral homelands of the Rosebud Sioux in central South Dakota and the Gros Ventre and Assiniboine Tribes in Montana.

Earlier this week, a court granted the tribes' request to intervene in an appeal of Morris' November ruling that was filed by TransCanada. That case is pending before the 9th U.S. Circuit Court of Appeals.

Tribal officials contend a spill from the line could damage a South Dakota water supply system that serves more than 51,000 people including on the Rosebud, Pine Ridge and Lower Brule Indian Reservations.

An existing TransCanada pipeline, also called Keystone, suffered a 2017 spill that released almost 10,000 barrels (407,000 gallons) of oil near Amherst, South Dakota.

Categories: Ohio News

FBI: NY man threatened to kill Minn. Congresswoman

Channel 10 news - Sat, 04/06/2019 - 06:14

NEW YORK — A western New York man has been charged with threatening to kill U.S. Rep. Ilhan Omar of Minnesota.

Federal prosecutors announced Friday that Patrick Carlineo Jr. was arrested after placing a threatening call to Omar's office in Washington D.C. last month.

Authorities did not say when Carlineo was arrested.

Omar is among the first of two Muslim women to serve in Congress.

The FBI said in a criminal complaint Carlineo called her a "terrorist" and threatened to shoot her.

The bureau said that Carlineo sounded angry during the call but "spelled his name correctly and provided contact information" to a staffer.

Carlineo told the FBI that he is a patriot, "loves the president and that he hates radical Muslims in our government," the criminal complaint says.

Carlineo's defense attorney declined to comment on the charges Friday.

Omar was met with backlash for remarks she made earlier this year on Israel, including comments that American supporters of Israel are pushing people to have "allegiance to a foreign country ." Some people perceived Omar's comments were anti-Semitic. She later apologized, saying "anti-Semitism is real and I am grateful for Jewish allies and colleagues who are educating me on the painful history of anti-Semitic tropes."

Omar, a Somali-American, has also received anti-Semitic and racist comments.

Categories: Ohio News

35 citations issued during checkpoint in south Columbus

Channel 10 news - Sat, 04/06/2019 - 05:42

COLUMBUS - The Franklin County DUI Task Force made no DUI arrests but issued 35 citations on other violations.

On Friday, April 5, between 8:00 p.m. and 12:30 a.m. the task force held a checkpoint at US-23 and Dolby Drive in south Columbus.

Officials stopped 961 people total, issuing 22 driver's license violations, and arrested one person on felony drug charges.

They also impounded 9 vehicles.

For further information on the Franklin County DUI Task Force contact (614) 525-6113.

Categories: Ohio News

Police locate driver and car in fatal hit-skip crash of 62-year old woman

Channel 10 news - Sat, 04/06/2019 - 05:38

Columbus, Ohio - Columbus Police have located the man and the vehicle involved in a fatal crash last week.

Police say a male was driving a Cadillac STS on March 31 and struck and killed 62-year-old Garnet Louise Jones of Columbus.

The hit-and-run crash happened near Driving Park Community Recreation Center in southeast Columbus.

Investigators say evidence identified the Cadillac on the scene and shows Jones was hit by a car and dragged from the area of East Whittier Street and Fairwood Avenue to the area near the rec center.

Police have not filed charges against the driver at this time.

This crash is the city's 11th traffic-related fatality of 2019 and remains under investigation.

Stay with 10TV and 10TV.com for more on this developing story.

Categories: Ohio News

Jury rejects Harry Reid lawsuit against Ohio fitness band maker

Channel 10 news - Sat, 04/06/2019 - 03:57

LAS VEGAS (AP) — A jury in Las Vegas flatly rejected former U.S. Sen. Harry Reid's lawsuit against an exercise band maker he blamed for injuries — including blindness in one eye — he suffered when the stretchy device slipped from his grasp and he fell face-first a little more than four years ago.

After eight days of testimony, the eight-member civil trial jury deliberated about an hour before declaring that Reid never proved the first of 10 questions they were asked to decide: that the device Reid used that day was a TheraBand made by Ohio-based Hygenic Corp.

Jurors never saw the actual device because Reid's adult son, attorney Leif Reid, disposed of it soon after Harry Reid was injured.

Reid and his wife, Landra Gould, weren't in the courtroom when the verdict was read. The 79-year-old former Democratic Party leader used a wheelchair throughout the two-week trial, following treatment for pancreatic cancer and back surgery.

Their lawyer, James Wilkes II of Tampa, Florida, said he respected the Nevada jury's decision. "I may not agree with the outcome, but I agree with the way we got there," Wilkes said.

TheraBand lawyer Laurin Quiat was subdued in victory.

"My client always believed in the product, believes that the product is safe, is not unreasonably dangerous for anyone, and they stand behind it," he said. "That's all I have to say."

Reid and his wife sought unspecified monetary damages because they said the product was defective and the company failed to warn the public it was dangerous for elderly people like Reid to use.

Reid's attorneys dropped a negligence claim after several days of testimony that began March 27.

Reid testified last week his injuries were "the main factor" why he decided not to seek a sixth Senate term in 2016. Quiat, however, showed the jury a 2015 video news release in which Reid said his decision not to run had "absolutely nothing to do with my injury."

Reid, the Democratic Party leader in the Senate when President Barack Obama was in the White House, testified he wanted Senators and voters to know he wasn't incapacitated.

Quiat reminded jurors during closing arguments on Friday that they would never know for sure if the device Reid was using was made by Hygenic. The company attorney also raised questions about Reid's truthfulness.

He noted that Reid at first said the band broke, not that it slipped his grasp, and that it had been attached to a metal hook in the wall of the bathroom in his suburban Las Vegas home.

On the witness stand, Reid testified he looped a band through a shower door handle, not a hook, and that he spun around and fell face-first against hard-edged bathroom cabinets when it slipped from his grip on New Year's Day 2015.

Company experts and witnesses testified that Reid misused the device, making him responsible for blindness in his right eye, broken facial bones, fractured ribs, a concussion and bruises.

"This is not a complicated case. Resistance bands are not complicated," Quiat said. "This case is about taking responsibility for one's own actions."

He said Reid used the wide flat resistance bands for several years without mishap after being given a band by congressional exercise therapists. Quiat said they then tried for months to get Reid to improve his stance, balance and technique when using the device in a rowing-style upper body fitness regimen.

The former boxer, Nevada gambling commission member and lieutenant governor was first elected to the U.S. House in 1983. He was elected to the Senate four years later and served for 30 years.

Categories: Ohio News

Avengers help unveil $5M donation for seriously ill children

Channel 10 news - Sat, 04/06/2019 - 03:41

ANAHEIM, Calif. (AP) — Some of Marvel's top Avengers have assembled to support a $5 million donation to benefit seriously ill children in hospitals around the globe.

Robert Downey Jr., Chris Hemsworth, Scarlett Johansson, Jeremy Renner, Paul Rudd and Brie Larson helped unveil the donation of money and toys to benefit charities and children's hospitals at Disney Resort in Anaheim, California, on Friday.

"More than any time, it's a time to give back to these courageous kids who inspire us," said Downey Jr., who stars as Tony Stark aka Iron Man.

After the announcement, several of the "Avengers: Endgame" stars — including Johansson, Renner, Rudd and Hemsworth — visited kids from the local Boys & Girls Clubs to play at the LEGO store in downtown Disney, where toys with their characters' likenesses were unveiled.

"It's not a bad day in the office when you get to come to Disneyland," said Johansson, who plays Black Widow. "I've been a huge fan of Disney for like forever. I come from a big, Disney loving family. To be here with my fellow Avengers and all these kids, it's just great. It's such a great way to spend the day."

Toys and products from the new Marvel superhero film will be sent to children's hospitals throughout the country as well as Give Kids the World, a non-profit resort in central Florida.

Disney donated $1 million to the Starlight Children's Foundation, which brings entertainment and education to children facing life-threatening conditions in several countries, including the United States and Great Britain. The LEGO group, Hasbro, Funko and Amazon collaborated to donate more than $4 million to children's hospitals around the country.

Rudd, who stars as Ant-Man, said he is grateful to be a part of the initiative. The actor said he has worked closely to help raise money for the Children's Mercy Hospital in Kansas City, Missouri.

"I'm grateful and touched to be a part of this group," Rudd said. "I work with a lot of kids and families. It's not just the kids. It's the entire family. The parents, the brothers, the sisters. This is a real honor to give back. I would like to say the Ant-Man toy is particularly small. So when you're walking around barefoot, just be careful. It's a little bit like stepping on a LEGO."

Categories: Ohio News

Blue Jackets clinch playoff spot after 3-2 win over Rangers

Channel 10 news - Fri, 04/05/2019 - 20:07

The Columbus Blue Jackets are heading to the Stanley Cup Playoffs.

The team clinched a playoff spot from their 3-2 shootout overtime win against the New York Rangers at Madison Square Garden Friday night.

The teams finished in a 2-2 tie at the end of regulation.

PURE #CBJ JOY pic.twitter.com/NiihuNWuQT

— x- Columbus Blue Jackets (@BlueJacketsNHL) April 6, 2019

Categories: Ohio News

Woman helping with missing loved ones hopes Timmothy Pitzen story will help in long run

Channel 10 news - Fri, 04/05/2019 - 19:22

COLUMBUS, Ohio — While the hearts of Timmothy Pitzen's family broke over the news a man claiming to be their missing loved one turned out to be a hoax, those who make it their mission to find missing persons are also taking a hit.

"I started the page just to try to bring publicity to the missing," said Lori Davis.

Davis started the Missing Person From Ohio Facebook page back in 2011 to be a source of comfort to families in Ohio going through the unimaginable. Her main focus is keeping the faces of the missing in the public eye.

Unfortunately, she says the false findings of someone who's been missing isn't new, but each time, it's a dagger to her cause.

"I can't get the media to pick up true missing cases that we can prove are a missing person and I think when something like this goes national and it's deemed to be a hoax, that's a very negative thing for the missing," she said.

Davis says she was familiar with the Timmothy Pitzen case. For her, it's no different than Columbus area man Tyler Davis going missing in late February, or Brian Shaffer who disappeared from the Columbus area in April of 2006. But, if there's a silver lining, she says it's this: even though the case of Timmothy Pitzen wasn't solved, it has people talking and it's attention Davis says will solve all these cases.

"Even if you're the only person now that knows of Timmothy's case... that's one more person that will be watching for Timmothy and knows what Timmothy looks like," she said. "So, there is that one positive right there."

Davis says the Second Annual Brian Shaffer March for the Missing will take place in Columbus on April 13. Families and friends with a missing loved one will join the general public and march the streets of Columbus while distributing flyers.

It will start at the King Avenue United Methodist Church located at 299 King Avenue at 1:00 p.m.

Categories: Ohio News

1 adult, 2 children taken to hospitals following crash in Hilliard

Channel 10 news - Fri, 04/05/2019 - 18:33

HILLIARD, Ohio — An adult and two children have been taken to hospitals following a two-vehicle crash in Hilliard Friday evening.

It happened shortly after 5 p.m. at Main Street and Luther Lane. Hilliard police say the vehicle carrying the adult and children overturned and an officer and witness helped pull the children to safety.

Police say the two children were taken to Nationwide Children's Hospital in serious condition and the adult was taken to Riverside Methodist Hospital in an unknown condition.

Main Street reopened just before 9 p.m.

Categories: Ohio News

Massachusetts nurse adopts baby left alone in hospital

Channel 10 news - Fri, 04/05/2019 - 16:56

A nurse in Massachusetts always wanted to be a mother but thought her opportunity had passed. Then she realized her dream could come true in a very unexpected place — work.

Liz Smith is the senior director of nursing at Franciscan Children's in Boston, and it was there that her life changed forever. Approaching 40 with no children of her own, Smith had recently learned that having a baby through IVF would not be an option for her.

"That was a bad day," she said in an interview posted on the hospital's website.

But at the same time, a baby girl named Gisele, who was born at just 29 weeks, was being cared for in the children's hospital. Gisele weighed just 1 pound, 14 ounces when she was born. Her mother, who was facing drug addiction, could not care for her. She had complex medical needs, and after a while, family members had stopped coming to visit.

"A few of the nurses at Franciscan Children's Hospital approached me and asked, 'Have you met Gisele?' and I said, 'No. Why?' and they said, 'She needs a medical foster home and you two are the perfect pair,'" Smith told CBS Boston. "I have never considered fostering or adoption."

A week later, fate brought the two together.

"Literally, Gisele crossed my path in a stroller and we locked eyes and that was it," she told CBS Boston.

The nurse and baby instantly bonded and Smith began visiting the baby frequently. Gisele had suffered several complications and medical setbacks, and Smith was by her side through it all.

"I went to see her every day," Smith recounted to Franciscan Children's. "It was kind of my reward after a long workday."

The state took custody of Gisele because her birth parents were not fit to care for her. Smith fostered Gisele, initially with a goal of eventually reuniting her with her birth parents. For a while, they came for supervised visits with the baby, but the visits gradually decreased and then stopped entirely. Smith's goal changed to adoption.

"I remember certain nights, one in particular when she was hooked up to the feed and I was walking by the mirror and the thought went into my head of losing her," Smith said. "I had to go there in my mind because it was still a reality, but it made me sick to my stomach. You can't just love a certain percentage. You have to give it your all."

Gisele would need an experienced caregiver to help her live outside of the hospital due to her developmental delays. It was clear that Smith was the right person for the job.

Gisele's birth parents did not appeal their rights being terminated, the hospital says, and there were no biological relatives fit to adopt her. While Smith was relieved to know Gisele would be well cared for, she was sad about the circumstances.

"I was gaining her but they were losing her. And to try to battle addiction and being a mom, that's impossible," Smith said.

In her interview with CBS Boston, Smith said it was the power of love that brought her and Gisele together.

"To witness how [love] can transform a life, to witness how it's transformed her life and mine, is unbelievable," she said. To finalize the adoption, Gisele banged the gavel at the courthouse. A photographer captured the moment Gisele officially became Smith's daughter.

533 days after Smith first encountered Gisele, the two finally shared a last name. Gisele was 2 years old. Smith never expected it, but she quickly went from nurse to mom — and Gisele went from frail preemie to beaming little girl. And now, they'll have each other for the rest of their lives.

Categories: Ohio News

Former vice officer Andrew Mitchell pleads not guilty to murder, manslaughter charges

Channel 10 news - Fri, 04/05/2019 - 15:49

COLUMBUS — Former vice officer Andrew Mitchell wore a protective vest as he stood before a judge Friday to be arraigned on charges of murder and voluntary manslaughter.

The charges stem from the fatal shooting of Donna Castleberry last August during an alleged prostitution sting.

Mitchell’s attorney, Mark Collins, entered a not guilty plea on Mitchell’s behalf and would only say that Mitchell’s attire was a decision by the Franklin County sheriff’s office after he had a general conversation about people who harm themselves.

A sheriff’s spokesman told 10 Investigates that is standard procedure any time there is any indication of self-harm.

“The conversation was about self-harm and people who do those things to themselves and that nature. I don’t want to go into specifics…” Mitchell’s attorney Mark Collins said. “He’s doing great and looking forward to defending himself.”

Collins said Mitchell was disappointed by the grand jury’s decision to indict him Thursday and said that his client’s use of force during his attempt to arrest Donna Castleberry on August 23, 2018, was justified based on the circumstances.

“His job was to arrest her, number one; once he felt his life was in danger, once he has to respond. It’s not as though you can just stop and flee from the car, that’s not what the police do,” Collins said.

“After you have been stabbed and you have a gash from there down and after, and you have a foot under your throat where (Castleberry) has positioned her back to the windshield and she’s choking him out and you are about to lose consciousness, your training kicks in. (Mitchell) reached for his weapon he undid his seatbelt and he did what he thought was appropriate at that time,” Collins told reporters.

But Franklin County Prosecutor Ron O’Brien argued in newly released court documents that Mitchell’s use of deadly force “was far beyond the scope necessary to protect himself from any additional harm from Donna Castleberry.”

At the time of the shooting, police said that Castleberry stabbed Mitchell in the hand and that Mitchell returned fire.

But in a motion to hold Mitchell in custody without bond, O’Brien argues Castleberry did not know that Andrew Mitchell was a vice officer, noting that “when she questioned his status as a police officer and asked for his badge” he was unable to produce one since he left it on a uniform used for special duty. The motion also says he did have his “walkie” radio with him.

Castleberry expressed concern that she was being kidnapped and would be raped rather than arrested because she did not believe he was a police officer, the court record states.

“When, despite the lack of his badge, he attempted to handcuff her, Ms. Castleberry resisted the arrest and cut the defendant with a knife in the palm of his hand,” the motion states.

O’Brien said that Castleberry attempted to escape to the backseat of Mitchell’s undercover vehicle but she was locked in due to the child safety locks being activated.

“He was in the front seat, she was in the backseat, the door was open, his seatbelt was unbuckled, he could exit and wait for a marked cruiser to arrive at which time she could be assured that he was a law enforcement officer as opposed to being fearful that he wasn’t,” O’Brien told reporters. “ The need to shoot her six times, the state argues that was not justified.”

Autopsy records show that Castleberry was struck by three bullets, including one to her chest that killed her.

O’Brien said that the audio recording from Mitchell’s cell phone was sent to a lab in Washington D.C. to be enhanced and through the help of Ohio’s Bureau of Criminal Investigation, they were able to sync up surveillance video from a nearby building with the audio from Mitchell’s phone, which recorded both their conversation and the shooting.

“It’s a strong piece of evidence that we will present in the case,” O’Brien told reporters. “Being pinned into the backseat, that is not a lawful use of deadly force by a law enforcement officer. You have to be in fear of your life.”

But Mitchell’s attorney Mark Collins said that a relatively new Ohio law would place the burden on the prosecutor’s office to prove that the shooting of Castleberry was not self-defense.

“This case comes down to what happened in that car and not what was her belief. Whether she believed he was a police officer or not, it’s what was his belief — whether or not it was reasonable for him to believe his life was in danger,” Collins said.

Collins did not oppose the prosecutor’s motion that Mitchell be held without bond. Mitchell is currently facing separate federal charges that accuse him of abusing his police powers. Federal prosecutors allege that he coaxed women into sex under the threat of their arrest.

They also point out in their argument that Mitchell should remain behind bars while awaiting trial, saying he is a flight risk and that he is a danger to the community.

Mitchell owns several rental properties and federal prosecutors allege he rented them to prostitutes and would allow them to forgo paying rent in exchange for sex.

Mitchell declined to comment on the serious allegations against him when questioned by 10 Investigates in October.

He retired from the Columbus Division of Police last month, one day after federal charges against him were announced.

Categories: Ohio News

District: Mold found at Columbus City school wasn't tested

Channel 10 news - Fri, 04/05/2019 - 15:13

Parents say they weren't informed and the kids were exposed for weeks after evidence of mold was found in a Columbus City school.

The district says it isn't sure it was mold found in Fairwood Elementary because it wasn't tested and they are now addressing the problems.

Columbus Public Health did an inspection on March 27 after a parent complained.

The inspection found leaks in steam valves and heat exchanges in the basement; four classrooms with water damage to floors, walls and ceilings and evidence of mold in the cabinets of one classroom and the wall of another.

Some of the leaks had recently been repaired before the inspection. The school told the inspector the problems were recognized and the work was ordered in February. Columbus City Schools says the students in the four classrooms were moved elsewhere but that didn't happen until after the March 27 inspection.

CCS also originally told 10TV there was no mold found, then clarified to say the areas with evidence of mold were never tested, so it’s unknown if it was mold. CCS did hire a professional company to do mold remediation.

“I think these kids should be removed from this building. They should be put in a safer building somewhere where nobody should have to deal with this,” said Fairwood mother Shalonda Banks.

CCS did not send a letter to parents until April 5.

A follow-up inspection this week showed only two leaks still need to be repaired. It also showed there is still moisture in the walls and the classes will remain vacant until those levels decrease.

"Maintenance crews with the district have been in those four classrooms each day this week to check for any concerns," A CCS spokesperson said. "The main leaks have been addressed and we are working to take care of any smaller issues that might still remain."

To see the letter sent to parents from CCS, click here.

Categories: Ohio News

Community gathers to honor, remember Lancaster soldier killed in action

Channel 10 news - Fri, 04/05/2019 - 14:58

Final respects were paid Friday for a fallen soldier at the funeral for U.S. Army Sergeant Joseph Collette.

He was killed in action in Afghanistan on March 22 when the Army says his unit came under enemy fire.

A long procession took Sergeant Joseph Collette to his final rest Friday at Maple Grove Cemetery in Fairfield County.

Collette was just 29 years old when he died in combat.

A 2007 graduate of Lancaster High School, he served eight years and four months in the Army.

He was laid to rest with full military honors.

The Army has posthumously promoted Joseph Collette from specialist to sergeant and will be posthumously awarded a Purple Heart for his service.

He leaves behind a wife, two children and two step-children.

Categories: Ohio News

Trump in California to push border security, tour fencing

Channel 10 news - Fri, 04/05/2019 - 13:44

EL CENTRO, Calif. (AP) — President Donald Trump headed to the border with Mexico on Friday to make a renewed push for border security as a central campaign issue for his 2020 re-election.

Trump, tweeting as Air Force One approached California, tried to blame Democrats for a lack of progress on the wall, which was his signature campaign promise yet remains unbuilt.

"Within two years we will have close to 400 miles built or under construction & keeping our Country SAFE - not easy when the Dems are always fighting to stop you!" Trump tweeted. It was not clear what Trump meant by the 400 miles claim as no new border construction has been finished.

Trump also denied that he changed his mind about shutting down the border with Mexico, a threat he backed off on Thursday. Trump said he reversed course because he saw Mexico get tougher in stopping illegal immigrants from moving north.

"Mexico has been absolutely terrific for the last four days," the president claimed, as he spoke to reporters as he left the White House. "I never changed my mind at all. I may shut it down at some point."

Though Trump, who has pulled a series of about-faces in recent days, walked away from this threat to close the border, he still intends to highlight conditions at the boundary with Mexico. After landing at an air force base, he was heading to the border town of Calexico to meet with local law enforcement officials and to tour a section of recently rebuilt fencing he cites as the answer to stop a surge of migrant families coming to the U.S. in recent months.

"I'm heading to the border. We're building a lot of wall. We're going to show you a section," Trump said. "And a lot of things are happening. A lot of very positive things are happening."

The fence that Trump is touring is a two-mile section that was a long-planned replacement for an older barrier, rather than new wall. The White House says the barrier is marked with a plaque bearing Trump's name and those of top homeland security officials.

Trump took to Twitter earlier Friday to claim that he could revive his threat to shut the border, a move that fellow Republicans warned would have a devastating economic impact.

"If for any reason Mexico stops apprehending and bringing the illegals back to where they came from, the U.S. will be forced to Tariff at 25% all cars made in Mexico and shipped over the Border to us. If that doesn't work, which it will, I will close the Border," Trump tweeted, before invoking the new, but not-yet-approved trade policy. "This will supersede USMCA."

As Trump landed in California, the state's governor ripped the president's rhetoric about asylum seekers and proposed plans to change the nation's system.

"Since our founding, this country has been a place of refuge - a safe haven for people fleeing tyranny, oppression and violence. His words show a total disregard of the Constitution, our justice system, and what it means to be an American," said Gov. Gavin Newsom.

The southern border is nearly 2,000 miles long and already has about 650 miles of different types of barriers, including short vehicle barricades and tall, steel fences that go up to 30 feet high. Most of the fencing was built during the administration of George W. Bush, and there have been updates and maintenance throughout other administrations.

Trump has yet to complete any new mileage of fencing or other barriers anywhere on the border. His administration has only replaced existing fencing, including the section he is touring Friday. Construction for that small chunk of fencing cost about $18 million, began in February 2018 and was completed in October. Plans to replace that fence date back to 2009, during the beginning of President Barack Obama's tenure.

Trump walked away from his border closure threat just days after he also abruptly postponed Republican efforts to work on a replacement for the Affordable Care Act.

After the border visit, Trump was slated to travel to Los Angeles, where he was set to hold a pair of fundraisers in the deep-blue city. He was then poised to travel to Las Vegas for another re-election fundraiser and an address to the Republican Jewish Coalition, which is backed by GOP mega-donor Sheldon Adelson.

Categories: Ohio News

Mansfield murder suspect says heavy metal music inspired him before crime, police say

Channel 10 news - Fri, 04/05/2019 - 13:33

A Mansfield murder case is raising the question: Did music motivate someone to commit murder?

It all started when Mansfield police began questioning 31-year old Cody Lutz who, until his arrest, had no criminal record, not even a speeding ticket. Now, Lutz is in custody on a $1 million bond for the murder of 90-year-old Omar Brown.

Police say Lutz told them prior to the alleged crime, he had been listening to a lot of heavy metal music.

"He told me he had been listening to — I believe Nordic heavy metal — and in the music, it spoke to him as to how he had to kill before midnight that night," said Detective Dave Scheurer.

Police say Brown was found stabbed in the neck with the sharp end of a broken wooden dowel that he had used to block his front door.

"I asked (Lutz) to estimate how many times he stabbed him and I asked him if it was more or less than 20 and he said it was less than 20," said Detective Scheurer.

If convicted, Lutz could face a possible death sentence.

For those who knew Omar Brown, they are at a loss as to why his life had to end this way.

But can listening to metal motivate someone to murder? 10TV asked Ohio State Associate Professor Daniel Shanahan, whose expertise is in music theory.

"Music is no more of a motivator than anything else to do evil," he said.

Shanahan said dark poetry and morbid lyrics have been around for centuries and said those who blame music have for their crimes use it conceal their own mental health issues.

"I'm a big Beatles fan, Charles Mansion also listened to the Beatles, but had a much different reaction to Helter Skelter than any other Beatles fan," he said.

Blaming music for crimes is not new.

In the late 1980's Ozzy Osbourne's song "Suicide Solution," faced both media and legal wrath. On Jan. 13, 1986, California youth John McCollum committed suicide while listening to the song. His parents took Osbourne to court, alleging that the song's lyrics caused their son to commit suicide.

Osbourne was cleared.

In one of the more famous instances of music and death, Judas Priest came under scrutiny in 1985 when 18-year-old Raymond Belknap and 20-year-old James Vance shot themselves in the head after drinking, smoking and listening to Judas Priest's album "Stained Glass". Belknap died and Vance lived for three more years.

Their families took Priest to court for a $6.2 million lawsuit, claiming that Priest's song, "Better by You, Better Than Me" contained subliminal messaging. The band was found not guilty, but the case set the precedent for bands to be sued for lyrical content.

Serial Killer Richard "Night Stalker" Ramirez wreaked havoc on California for 14 months in the 1980s. He committed 16 killings across the state, but when he accidentally left an AD/DC hat at one of the crime scenes, metal was blamed for his motivation. When he was caught and put on trial, Ramirez claimed that AC/DC's song "Night Prowler" inspired him to sneak into people's houses and kill them. The song is actually about someone sneaking into his girlfriend's house while her parents slept.

When Eric Harris and Dylan Klebold killed 12 students during a rampage at Columbine High School in 1999, it was later revealed they listened to industrial act KMFDM, German metal-heads Rammstein and Marylin Manson. Manson later appeared in the movie "Bowling for Columbine" by Michael Moore.

According to LA Weekly, " When Moore asked Manson what he would have said to them just moments before the massacre, Manson replied, 'I wouldn't say a thing. I would just listen to them... and that's what nobody did.'"

Categories: Ohio News

Feds say Ohio man who falsely claimed missing boy's identity has made similar claims

Channel 10 news - Fri, 04/05/2019 - 13:31

CINCINNATI (AP) — A 23-year-old ex-convict accused of pulling a cruel hoax by pretending to be a long-missing Illinois boy was charged Friday with making false statements to federal authorities.

The FBI said Brian Rini had made false claims twice before, portraying himself as a juvenile sex-trafficking victim.

The Medina, Ohio, man was jailed in Cincinnati on Thursday, a day after telling authorities he was 14-year-old Timmothy Pitzen, who disappeared in 2011 at age 6. The FBI declared Rini's story a hoax after performing a DNA test.

The charge should send a message about the damage such false claims can do, said U.S. Attorney Benjamin Glassman.

"It's not OK to do it because of the harm that it causes, the pain, for the family of that missing child," Glassman said.

Rini's story had briefly raised hope among Timmothy's relatives that the youngster's disappearance had finally been solved after eight long years. But those hopes were dashed when the test results came back.

"It's devastating. It's like reliving that day all over again," said Timmothy's aunt Kara Jacobs.

Rini was jailed for a bail hearing on Tuesday. His public defender did not immediately return a message. Rini could get up to eight years in prison.

Rini was found wandering the streets on Wednesday and told authorities he had just escaped his captors after years of abuse, officials said. He claimed he had been forced to have sex with men, according to the FBI.

When confronted with the DNA results, Rini acknowledged his identity, saying he had watched a story about Timmothy on ABC's "20/20" and wanted to get away from his own family, the FBI said.

Rini said "he wished he had a father like Timmothy's because if he went missing, his father would just keep drinking," the FBI said in court papers. A message left with Rini's father for comment was not immediately returned.

Glassman said authorities were skeptical early on of Rini's claim because he refused to be fingerprinted, though he did agree to a DNA swab. Rini also looks older than 14, but Glassman said investigators wanted to make sure "there was no opportunity missed to actually find Timmothy Pitzen."

Rini's DNA was already on file because of his criminal record. He was released from prison less than a month ago after serving more than a year for burglary and vandalism.

He twice portrayed himself in Ohio as a juvenile victim of sex trafficking, and in each case was identified after being fingerprinted, authorities said.

In 2017, Rini was treated at an Ohio center for people with mental health or substance abuse problems, according to court papers.

Timmothy, of Aurora, Illinois, vanished after his mother pulled him out of kindergarten, took him on a two-day road trip to the zoo and a water park, and then killed herself at a hotel. She left a note saying that her son was safe with people who would love and care for him, and added: "You will never find him."

After Rini's account was pronounced a hoax, Timmothy's grandmother Alana Anderson said: "It's been awful. We've been on tenterhooks, hopeful and frightened. It's just been exhausting."

She added, "I feel so sorry for the young man who's obviously had a horrible time and felt the need to say he was somebody else."

Categories: Ohio News

Ex-Rep. Anthony Weiner must register as a sex offender

Channel 10 news - Fri, 04/05/2019 - 12:58

NEW YORK — Former U.S. Rep. Anthony Weiner has been ordered to register as a sex offender as he nears the end of a 21-month prison sentence for having illicit online contact with a 15-year-old girl.

A New York City judge on Friday designated Weiner a Level 1 sex offender, meaning he's thought to have a low risk of re-offending.

Weiner must register for a minimum of 20 years. He's required to verify his address every year and visit a police station every three years to have a new picture taken.

Weiner didn't attend Friday's court hearing. He's in a halfway house after serving most of his sentence at a prison in Massachusetts. He's due to be released May 14.

Before being sentenced, the Democrat said he'd been a "very sick man."

"These destructive impulses brought great devastation to my family and friends, and destroyed my life's dream of public service," Weiner said when he pleaded guilty in 2017. "I am committed to making amends to all those I have harmed."

The disgraced former congressman acknowledged he communicated online with a girl who accused him of sending sexually explicit messages but said he's also been the subject of a hoax.

Weiner's reputation grew because of his marriage to Huma Abedin, a top aide to Hillary Clinton. It was because of content found on Weiner's laptop, the FBI said, that encouraged the FBI to re-open the investigation into Clinton's emails, something then-FBI Director James Comey announced only days before the 2016 presidential election.

Categories: Ohio News

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