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Another Triple Crown surprise: Sir Winston takes Belmont

Sat, 06/08/2019 - 17:38

NEW YORK (AP) — Sir Winston gave the Triple Crown another unexpected turn, rallying to capture the Belmont Stakes on Saturday in a 10-1 upset.

The win gave trainer Mark Casse the final two jewels in the showcase for 3-year-old thoroughbreds. He won the Preakness with War of Will, who was expected to battle favored Tacitus in the 1 1/2 mile Belmont.

Instead, Casse's other's colt took the lead after a ground-saving ride by Joel Rosario and held off Tacitus by a length. Long shot Joevia finished third and Tax was fourth.

The Triple Crown grind caught up to War of Will, who ran in all three races. He finished ninth in the 10-horse field.

The Belmont capped an entertaining Triple Crown highlighted by a disqualification in the Kentucky Derby and a horse without a rider in the Preakness. It sparked interest in thoroughbred racing despite no possibility of having the third Triple Crown winner in five years, coming on the heels of Justify last year and American Pharoah in 2015.

Categories: Ohio News

Kroger recalls some Private Selection frozen berries for possible Hepatitis A contamination

Sat, 06/08/2019 - 11:41

Kroger said Friday that it's recalling its Private Selection Frozen Triple Berry Medley and Blackberries due to a possible Hepatitis A contamination.

No customer illnesses have been reported to date, according to the Food and Drug Administration.

The following items have been recalled across the country:

  • PRIVATE SELECTION FROZEN TRIPLE BERRY MEDLEY, 48 OZ (BEST BY: 07-07-20; UPC: 0001111079120);
  • PRIVATE SELECTION FROZEN TRIPLE BERRY MEDLEY, 16 OZ (BEST BY: 06-19-20; UPC: 0001111087808);
  • PRIVATE SELECTION FROZEN BLACKBERRIES, 16 OZ (BEST BY: 06-19-20, 07-02-20; UPC: 0001111087809)

Kroger removed the potentially affected items from the store shelves. They have also initiated its customer recall notification system to alert customers who may have purchased the recalled item through register receipt tape messages and phone calls.

Customers who have purchased the listed products should not consume them and should return them to a store for a full refund or replacement. Kroger says anyone who consumed the affected product or has experienced symptoms should contact their health care professional or local health department.

The illness can occur between 15 to 50 days of exposure and includes fatigue, abdominal pain, jaundice, abnormal liver tests, dark urine and pale stool.

Customers who have questions may contact Kroger at 1-800-KROGERS Monday through Friday, 8 a.m. to midnight EST, and Saturday and Sunday, 8 a.m. to 9:30 p.m. EST.

Categories: Ohio News

Former Ohio State football coach Urban Meyer to open restaurant in Dublin

Sat, 06/08/2019 - 10:32

DUBLIN, OHIO - Urban Meyer is set to open a restaurant called "Urban Meyer's Pint House" at Bridge Park in Dublin this fall.

The restaurant will be located on the corner of Bridge Park Avenue and Longshore Street.

The establishment will be partnered with area restaurant owner Chris Corso of Corso Ventures who was also responsible for opening several other restaurants in Columbus including Forno Kitchen & Bar, Standard Hall, Goody Boy Diner and Short North Pint House.

“When Corso Ventures approached me with this unique opportunity to partner with their elite restaurant and hospitality team on a Pint House in Bridge Park, it was a no brainer,” Meyer said. “Not only does Urban Meyer’s Pint House allow me to stay attached to the central Ohio community, but it will also make the perfect space to host events supporting our foundation.”

The restaurant will be built off of the Short North Pint House concept and is expected to be double the size of the Short North location. It will feature a seating area inside as well as an indoor/outdoor patio bar that overlooks Bridge Park Avenue. The restaurant will be located at the former location of RAM Restaurant & Brewery.

(WBNS)

Urban's 7-0 room will be a private area in the restaurant and will commemorate Meyer's record against the University of Michigan as well as feature memorabilia from his time coaching.

Categories: Ohio News

1 killed, 2 injured after being struck by a vehicle in Perry County

Sat, 06/08/2019 - 09:56

PERRY COUNTY, Ohio — The Lancaster Post of the Ohio State Highway Patrol is investigating a fatal crash involving three pedestrians.

It happened just after 7 a.m. Friday on County Road 30 in Perry County.

A man was driving north on County Road 30 in a Chevrolet Silverado. One of the three pedestrians, Shane Barber, 43 of McArthur, was standing outside of his work vehicle when he and the others were hit by the Silverado.

Troopers say the driver of the Chevrolet Silverado failed to maintain assured clear distance.

One pedestrian was flown to Grant Medical Center and another was flown to the Ohio State University Wexner Medical Center with serious injuries.

The driver of the Silverado was taken by Thorn Township Fire Department to Genesis Hospital in Somerset with non-life-threatening injuries.

Barber was flown by Air Evacuation to Grant Medical Center where he later died from his injuries.

Alcohol is not suspected to be a factor in the crash.

Categories: Ohio News

Ohio makes grants available for diesel engine replacements

Sat, 06/08/2019 - 08:19

COLUMBUS, Ohio — The state is taking applications in some Ohio counties for $15 million in grants to upgrade aging vehicles and other equipment that run on diesel.

Those eligible to apply include public and private fleet owners of school and transit buses, medium and heavy-duty trucks, switcher locomotives, tugboats, ferries, and cargo handling equipment in airports and ports.

Options include replacing vehicles and swapping out diesel engines for cleaner burning engines. The grants cover 26 counties in northern and northeastern Ohio, central Ohio and southwestern Ohio.

The money comes from dollars Ohio received as part of a national settlement with Volkswagen over allegations the company installed devices on certain vehicles to defeat emissions standards testing.

The Ohio Environmental Protection Agency application process runs through Aug. 2.

Categories: Ohio News

Dog Walkers Weekly "Furr-cast" | June 8, 2019

Sat, 06/08/2019 - 05:34

Welcome back, everyone! For you first-time readers, happy to have you here!

This blog is dedicated to those dog lovers across central Ohio. Unless you have a large backyard, many of you probably walk your dog, or dogs, on a daily basis, and maybe even multiple times a day.

The purpose and goal of this blog is to help those dog walkers and their furry friends make the most out of their walks outside while being safe at the same time.

So, let's start things off with a look at what I call the "Comfort Scale."

You will notice on the images below there are certain colors that go with each time period/day of the week for the "Furr-cast." I developed this scale on my own, using several meteorological variables and some pet-friendly considerations.

You will see that the color "green" on the image above suggests that conditions are ideal for walking your pet and that there are no risks to either you or your pet, so walk all you want!

This brings me to the next level on the scale, which is a yellowish-orange color. This shows conditions are fair outside but you should still keep an eye on your pet. This is where the breed of your pet also comes into play. I'm not an expert on dogs but I know a Siberian Husky can withstand colder temperatures than a Chihuahua.

This is up to the owner to decide if the conditions are fair enough that they could take more casual, longer walks outside.

Lastly, we have the last ranking on the scale, which shows outside conditions are poor and pet owners should keep their walks short. Dangerous weather is developing or already present and pet owners should take action to make sure that their pets are properly taken care of. This shouldn't be used to decide whether or not you should go outside; but more so an indicator that you should take shorter, more frequent walks.

Now that we have a look at the method behind the comfort scale, let's take a look at this weekends "Furr-cast."

Partly to mostly cloudy skies today with highs around 80. Winds will stay on the breezy side, so it'll help to make your walking conditions more enjoyable today. There is a spotty shower chance today, with scattered showers along and north of I-70. Get outside and enjoy the outdoors!

A similar start to the day on Sunday, with partly to mostly cloudy skies. Temperatures will also be back around 80 degrees, with a chance for showers and storms late Sunday afternoon and evening.

If you're spending plenty of time outside this weekend, make sure you keep your pets cool and hydrated. Showers and storms will be likely on Monday, so avoid your long walks for the day. Much cooler and drier conditions move in on Tuesday and Wednesday, so those are your ideal "walks of the week". A few chances for rain return later on in the week but overall, temperatures will stay slightly below average with highs in the 70's. Temperatures in the morning hours next week will be in the 50's, so you'll want to get out and take advantage of those ideal conditions, too.

While it's common sense to not leave your pets or children unattended in vehicles, one may be surprised by how fast things can "heat up" inside a car even with the windows cracked. It's extremely important for your pet's health that you avoid leaving them in the car. In as soon as 10 minutes, a car can heat up by nearly 20 degrees. In cases such as this and how temperatures will pan out next week, it's best to leave the pets at home rather than putting their health at risk.

Another pet safety tip is to avoid paved or concrete roads or sidewalks when temperatures are warming up, especially later in the day when the sun has already been up for several hours under mostly sunny skies. These types of surfaces can heat up extremely fast and while the air temperature isn't too hot, the grounds can be much, much warmer. In cases such as this, it's important to keep their paws on grassy, cooler surfaces. An easy test to tell if the grounds are too hot for your pets is to simply place the back of your hand on the ground for seven seconds. If it is too hot for you, then it's likely it will be too hot for your pet's paws and that it could easily damage their skin.

The "Barking Message" for next week:
  • Alittle toasty in the afternoon hours this weekend. Keep your pets' cool & hydrated,
  • Avoid walking on hot surfaces. The grass is your friend!
  • Very pleasant walking conditions on Tuesday & Wednesday

Each Friday, I will be posting a new "Furr-cast" for the weekend and week ahead and I would like to feature some of your pets on my blog. Also, if you have any suggestions or comments on my blog, I'd love to hear input. Feel free to reach out to me on Twitter and Facebook at Ross10TV. Enjoy the weekend and week ahead, furr-parents.

Categories: Ohio News

1 winner announced for $530 million Mega Millions jackpot

Sat, 06/08/2019 - 05:30

Mega Millions announces there is one winner of the $530 million jackpot.

The lucky winner of Friday night's drawing is located in California.

Mega Millions also says there are three winners of the $1 million Match 5 prize, located in Arizona, California and Washington.

The winning numbers for Friday night's Mega Millions jackpot were 17, 19, 27, 40, 68 and the Mega Ball was 2.

The Mega Millions winner has the option to take a one-time lump sum or be paid in annual installments of 10 to 25 years. The one-time cash option for Friday's jackpot is $343.9 million.

Taking the jackpot's cash value is an option favored by most winners. Otherwise, the jackpot is doled out over 29 years.

Mega Millions tickets are $2 and are sold in 44 states, Washington, D.C., and the U.S. Virgin Islands.

Categories: Ohio News

Child dies in Licking County crash

Fri, 06/07/2019 - 19:22

LICKING COUNTY, Ohio — The Ohio State Highway Patrol says a child is dead after a crash in Licking County.

The Ohio State Highway Patrol said the crash happened just after 8 p.m. Friday.

Troopers say two vehicles were on the ramp from State Route 158 to Interstate 70 westbound when the second vehicle rear-ended the first vehicle, which had slowed due to heavy traffic.

Troopers say both vehicles went off the right side of the roadway on I-70.

OSHP confirms a girl in the back seat of the first vehicle died from her injuries, while the driver and two other passengers, including another child, were taken to local hospitals.

Their conditions are unknown at this time.

The child's name and age has not been released.

Police say no charges have been filed at this time, but the crash remains under investigation.

Categories: Ohio News

Trump suspends proposed tariffs on Mexico, cites agreement

Fri, 06/07/2019 - 18:48

WASHINGTON (AP) — President Donald Trump says he has suspended plans to impose tariffs on Mexico, tweeting that the country "has agreed to take strong measures" to stem the flow of Central American migrants into the United States.

"I am pleased to inform you that The United States of America has reached a signed agreement with Mexico," Trump tweeted Friday night, saying the "Tariffs scheduled to be implemented by the U.S. on Monday, against Mexico, are hereby indefinitely suspended."

I am pleased to inform you that The United States of America has reached a signed agreement with Mexico. The Tariffs scheduled to be implemented by the U.S. on Monday, against Mexico, are hereby indefinitely suspended. Mexico, in turn, has agreed to take strong measures to....

— Donald J. Trump (@realDonaldTrump) June 8, 2019

He said Mexico has agreed to work to "stem the tide of Migration through Mexico, and to our Southern Border" and said those steps would "greatly reduce, or eliminate, Illegal Immigration coming from Mexico and into the United States."

He said details would be released soon by the State Department.

The tweet marked a change in tone from earlier Friday, when his spokeswoman Sarah Sanders told reporters in Ireland before Trump took off: "Our position has not changed. The tariffs are going forward as of Monday." Trump has often said unpredictability helps him negotiate.

A tax on all Mexican goods , which would increase every month up to 25% under Trump's plan, would have had enormous economic implications for both countries. Americans bought $378 billion worth of Mexican imports last year, led by cars and auto parts. Many members of Trump's Republican Party and business allies have urged him to reconsider — or at least postpone actually implementing the tariffs as talks continue — citing the potential harm to American consumers and manufactures.

U.S. and Mexican officials held a third day of talks at the U.S. State Department trying to hash out a deal that would satisfy Trump's demand that Mexico dramatically increase its efforts to crack down on migrants.

The talks were said to be focused, in part, on attempting to reach a compromise on changes that would make it harder for migrants who pass through Mexico from other countries to claim asylum in the U.S., those monitoring the situation said. Mexico has opposed such a change but appeared open to considering a potential compromise that could include exceptions or waivers for different types of cases.

Trump has nonetheless embraced tariffs as a political tool he can use to force countries to comply with his demands — in this case on his signature issue of immigration. And he appeared poised earlier Friday to invoke an emergency declaration that would allow him to put the tariffs into effect if that is his final decision, according to people monitoring the talks.

"If negotiations continue to go well," Trump "can turn that off at some point over the weekend," Marc Short, Vice President Mike Pence's chief of staff, told reporters.

Talks had gotten off to a shaky start Wednesday, as the U.S. once again pressed Mexico to step up enforcement on its southern border with Guatemala and to enter into a "safe third country agreement" overhauling its asylum system. But as talks progressed Thursday, U.S. officials began to grow more optimistic, with Short reporting Mexican "receptivity" to potential asylum changes.

Still, he said there was "a long way to go in that particular piece."

In Mexico, President Andrés Manuel López Obrador would not say whether he would accept his country agreeing to be a "safe third country."

"That is being looked at," he said Friday morning during his daily news conference, where he held out hope a deal could be reached before Monday's deadline.

In addition, Mexican Foreign Secretary Marcelo Ebrard said Thursday his country had agreed to deploy 6,000 National Guard troops to its border with Guatemala to help control the flow of migrants as part of its concessions.

He tweeted late Friday that there would be no "tariff application on Monday."

"Thanks to all the people who have supported us by realizing the greatness of Mexico," he wrote.

Beyond Trump and several White House advisers, few in his administration believe the tariffs are a good idea, according to officials familiar with internal deliberations. Those people worry about the negative economic consequences for Americans and believe the tariffs — which would likely spark retaliatory taxes on U.S. exports — would also hurt the administration politically.

Republicans in Congress have warned the White House that they are ready to stand up to the president to try to block his tariffs, which they worry would spike costs to U.S. consumers, harm the economy and imperil a major pending U.S.-Mexico-Canada trade deal.

Categories: Ohio News

Man killed in Licking County motorcycle crash

Fri, 06/07/2019 - 18:22

LICKING COUNTY, Ohio — A man is dead after a motorcycle crash in Licking County on Friday, according to the Ohio State Highway Patrol.

OSHP said 47-year-old Brian Litten of Newark was traveling southeast on Flint Ridge Road in Hopewell Township just before 3 p.m. when he hit a downed tree that was blocking the road.

Litten was thrown off the motorcycle and was pronounced dead at the scene.

OSHP said Litten was not hearing a helmet at the time of the crash.

Categories: Ohio News

Crews recover deceased man from river in Knox County

Fri, 06/07/2019 - 17:40

KNOX COUNTY, Ohio — Crews in Knox County recovered a deceased man from a river after he was reported missing Thursday evening.

According to the Knox County Sheriff's Office, 40-year-old Mark Booth of Mount Vernon went missing on the Kokosing River near Caves Campground. He was located just before 11 a.m. Friday along the riverbank approximately 4,500 downstream of where he was last reported seen.

The Knox County Coroner's Office is assisting in the investigation and an autopsy is scheduled.

The Eastern Knox County Fire District, Fredericktown Fire Department, Ohio Special Response Team and Ohio Division of Watercraft were also on scene.

Categories: Ohio News

FDA finds asbestos in more cosmetics from Claire's

Fri, 06/07/2019 - 15:54

The U.S. Food and Drug Administration has found asbestos in more cosmetics sold by Claire's Stores and Beauty Plus Global, with the agency warning consumers to steer clear of the products.

Both companies last week voluntarily recalled products that tested positive for the known carcinogen during the agency's ongoing testing of cosmetics for asbestos, the FDA stated in its alert. The recalled products include:

  • Beauty Plus Global Contour Effects Palette 2, Batch No. S1603002/PD-C1179
  • Claire's JoJo Siwa Makeup Set, SKU #888711136337, Batch/Lot No. S180109


The alert issued by the FDA late Thursday comes three months after the agency urged the public to toss out three makeup products sold by Claire's that tested positive for asbestos. Claire's, a retailer that markets cosmetics and accessories to adolescent girls, initially disputed the FDA's findings, but then agreed to pull the products out of stores.

Claire's products have been under scrutiny since 2017, and U.S. Public Interest Research Group, a non-profit, also found "high levels of asbestos" in three of the company's products, it said late last year.

In an emailed statement, Claire's on Friday said it recalled the JoJo Cosmetic Kit after FDA tests "indicated the possible presence of trace amounts of asbestos fibers in the powder eyeshadow element of the kit."

But the company also said it "stands behind the safety of this item and all other Claire's cosmetic items, as such small trace amounts are considered acceptable under European and Canadian cosmetic safety regulations."

In addition, last year Claire's moved to talc-free cosmetic manufacturing to prevent any further concerns about talc contamination, said the company, which added it would provide refunds to anyone who purchased the recalled products.

Shanghai-based Beauty Plus' U.S. subsidiary did not immediately return a request for comment.

Not banned in U.S.

There is no safe level of exposure to asbestos, according to the World Health Organization. Inhaling or consuming asbestos can lead to serious respiratory diseases including lung cancer and mesothelioma. Banned in the European Union, Canada and the U.K., efforts to prohibit asbestos in the U.S. have been blocked amid lobbying by asbestos suppliers.

A mineral fiber at one time commonly found in construction materials, asbestos can occur naturally in talc, a mineral also used in powder-based products such as cosmetics and baby powder. Consumer products company Johnson & Johnson faces legal claims that its baby powder and a defunct shower product caused ovarian cancer and another cancer linked to asbestos. J&J denies its products ever contained the carcinogen.

Claire's, an Illinois-based chain owned by Ascena Retail Group, emerged from bankruptcy in October after unloading about $1.9 billion in debt.

Categories: Ohio News

Toledo Zoo announces death of giraffe, cites multiple 'severe abnormalities'

Fri, 06/07/2019 - 14:42

TOLDEO, Ohio — The Toledo Zoo announced Friday that a 1 1/2-year-old giraffe has died.

Binti, a female Masai giraffe, was found Monday in the indoor giraffe holding area and was unable to stand, according to a Facebook post from the zoo. Binti was sedated and the animal care team drew blood for analysis.

"Test results indicated multiple severe abnormalities and euthanasia was elected to prevent suffering," the zoo said.

A necropsy was conducted and histopathology results are pending.

Categories: Ohio News

I-270 west reopens after 5-vehicle injury crash on south side

Fri, 06/07/2019 - 14:15

COLUMBUS, Ohio — A crash involving five vehicles left two people injured on I-270 west on the city's south side Friday afternoon.

The westbound lanes were closed between U.S. 23 and I-71 as a result. The lanes have since been reopened.

Authorities say a van hit three stationary vehicles in the main portion of the highway going at normal traffic speed. A fifth vehicle could not avoid the crash and struck them. The Franklin County Sheriff's Office says the reason is unknown for why the vehicles were stationary.

The crash happened near State Route 104. Two people were taken to Grant Medical Center in non-life-threatening condition.

Categories: Ohio News

Whitehall police searching for suspect in 2 robberies taking place within 2-hour span

Fri, 06/07/2019 - 14:01

WHITEHALL, Ohio — Whitehall police are investigating two robberies that took place within a two-hour time span Friday morning.

Police say at approximately 5:22 a.m. a male suspect entered the UDF in the 4800 block of E. Main Street and demanded money. He then left with an undetermined amount of cash.

At approximately 7:17 a.m., police say the same suspect entered the Taco Bell located in the 3900 block of E. Broad Street, He showed a note to the cashier demanding money and left the area without receiving any.

Police described the suspect as a white male, about 5'7" tall and wearing a black hooded sweatshirt, green shorts, white socks, black shoes and a green toboggan-style hat. The suspect also has glasses and a mustache. He was seen leaving the scene in a silver sedan.

Anyone with information on these robberies is asked to call Whitehall police at (614) 237-6333.

Categories: Ohio News

Organizers finish setting up for Buckeye Country Superfest with main focus on safety

Fri, 06/07/2019 - 13:27

COLUMBUS, Ohio — Production crews have been setting up for the Buckeye Country Superfest in the Ohio Stadium since last Wednesday while organizers put plans in place for safety.

Assistant Vice President for Business Advancement Mike Gatto said safety is their number one priority.

Organizers are expecting around 50,000 people to be in the stadium on Saturday for the concert. Several artists will be performing, such as George Strait and Blake Shelton.

Production crews have been working to transform the football field to a concert venue since last Wednesday. The director of production says different vendors from all over the country come together to make this happen.

As for the safety aspect of the event, Gatto said this is the first time they will have walk-through metal detectors. He said to ensure people coming that safety measures are being taken, security officials will be scattered all over and belongings will be checked before walking in.

Bags and purses are not allowed in the stadium, but a small wristlet can be brought in.

A water bottle with the lid off can be brought in and filled at their refill station. However, drinks will need to be bought at the stadium.

Gatto says when it comes to drinks, he is confident in their public safety team to make sure those who are drinking alcohol are under control.

"We have a tremendous staff, tremendous team of public safety officials along with our event staff and security team," Gatto said.

The gates open at 1:00 p.m. Saturday.

Categories: Ohio News

Sunbury man found guilty sexually assaulting 3 minors

Fri, 06/07/2019 - 13:14

A 51-year-old man from Sunbury was found guilty of multiple counts of sexual assault against three minors, including rape and gross sexual imposition.

The Delaware County Prosecutor’s Office said David Nunley was charged in February 2019 after an investigation by the sheriff’s office.

“No child should have to endure being a victim of sexual violence,”Delaware County Prosecutor Melissa Schiffel said. “I applaud the victims for speaking out and thank the Sheriff’s Office for a thorough and professional investigation.”

Nunley was found guilty of five counts of rape, attempted rape, gross sexual imposition and endangering children.

The prosecutor’s office said the crimes happened between December 1, 2009 and June 1, 2016.

Nunley still faces a ruling on six sexually violent predator specifications. Those will be ruled on by a judge next week.

A sentencing hearing will be set after that ruling. Nunley faces life in prison.

Categories: Ohio News

Police investigating homicide at Westerville home; 1 in custody

Fri, 06/07/2019 - 13:02

WESTERVILLE, Ohio — Police are investigating a homicide that took place at a Westerville home Friday.

Westerville police say it happened Friday morning at a home on Kanpur Place. Police identified the victim as 44-year-old Ranae Baxter.

Tyrone Lauderdale, 42, turned himself in to the Montgomery County Jail and is in custody of the Dayton Police Department. He is charged with one count of murder in Baxter’s death.

Lauderdale called his daughter and said he stabbed and killed his girlfriend, according to court records.

The incident remains under investigation with Westerville Police, Kettering Police, Dayton Police and the Ohio Bureau of Criminal Investigation.

Categories: Ohio News

Woman's body recovered at nature preserve near Hocking Hills

Fri, 06/07/2019 - 12:22

The Ohio Department of Natural Resources said a woman’s body was recovered Thursday in a remote location at Conkles Hollow State Nature Preserve near Hocking Hills State Park.

The Hocking County Coroner’s Office identified the woman as 55-year-old Dana M. Busson of Doylestown.

The investigation into Busson’s death is ongoing.

ODNR is reminding all visitors to stay on the trail and follow park safety instructions.

Categories: Ohio News

Minneapolis cop who shot 911 caller sentenced to 12½ years in prison

Fri, 06/07/2019 - 11:47

MINNEAPOLIS (AP) — A former Minneapolis police officer who shot and killed an unarmed woman who had called 911 apologized to the woman's family Friday for "taking the life of a perfect person," just moments before a judge brushed off a defense request for a light sentence and ordered him to prison for 12½ years.

Mohamed Noor was convicted in April of third-degree murder and second-degree manslaughter in the July 2017 death of Justine Ruszczyk Damond, a 40-year-old dual citizen of the U.S. and Australia. Noor shot Damond when she approached his squad car in the alley behind her home.

Noor's lawyers had argued for a light sentence, saying sending him to prison would only compound the tragedy, and that incarceration wouldn't let him do service to make amends for killing Damond.

But Judge Kathryn Quaintance sentenced Noor, 33, to a term identical to the recommendation under state guidelines.

"The act may have been based on a miscalculation, but it was an intentional act," Quaintance said. "Good people sometimes do bad things."

Noor, his voice breaking several times as he spoke publicly about the shooting for the first time, apologized repeatedly to Damond and her family.

"I have lived with this and I will continue to live with this," Noor said. "I caused this tragedy and it is my burden. I wish though that I could relieve that burden others feel from the loss that I caused. I cannot, and that is a troubling reality for me."

Noor said from the moment he pulled the trigger he felt fear, and he was horrified to see Damond's body on the ground.

"Seeing her there, I knew in an instant I was wrong," Noor said. "The depth of my error has only increased from that moment on. Working to save her life and watching her slip away is a feeling I can't explain. ... It leaves me sad, it leaves me numb, and feeling incredibly lonely. But none of that, none of those words capture what it truly feels like."

Noor's attorneys argued in a court filing ahead of Friday's sentencing that nobody would benefit from a long sentence, and that being in prison would keep Noor from making amends for killing Damond by doing good works in the community. They submitted letters of support that they said showed that Noor is a kind and peaceful man who has tried to be a bridge between Somali Americans in Minnesota and the larger community.

Tom Plunkett, Noor's attorney, made the case for a lenient sentence saying the victim can't be forgotten but what's best for the community and Noor must also be considered.

"I have never stood up at sentencing with anyone my entire career that's done more or worked harder to be a good person, to earn the gifts he's been given," Plunkett said. "That's who Mohamed Noor is."

But prosecutor Amy Sweasy called for the 12.5-year sentence recommended under state guidelines.

"The law is not concerned necessarily with what's good for the community," Sweasy said. "The court must give a sentence proportional in severity to the crime committed."

A jury convicted Noor in April of third-degree murder and second-degree manslaughter in the July 2017 death of Damond, a 40-year-old dual citizen of the U.S. and Australia who was engaged to be married a month after the shooting. Noor shot Damond when she approached his squad car in the alley behind her home. He was fired from the department in March.

Don Damond, Justine's fiance, said in court Friday that every time he sees the alley where she walked barefoot and in her pajamas toward the police car he relives the moment.

"In my mind I beg you to turn around," he said, speaking of a "lost future" of decades filled with "love, family, joy and laughter." He said Justine was his soul mate and he misses her "every day, every moment."

"We both lived with our hearts open, caring for others," an emotional Don Damond said.

Noor testified during his trial that a loud bang on the squad car scared him and his partner, and that he saw a woman at his partner's window raising her arm. He said he fired to protect his partner's life. But prosecutors criticized Noor for shooting without seeing a weapon or Damond's hands, and disputed whether either of them really heard a bang.

Justine's father John Ruszczyk, in a statement read in court, asked for the maximum sentence and called her killing "an obscene act by an agent of the state."

"Justine's death has left me incomplete — it is as if I have lost a limb or a leg," he said in the statement. "I have lost my daughter, I have lost those private conversations over tea."

Noor sat quietly at the defense table with hands clasped, staring straight ahead and showing no emotion as victim impact statements were read.

Damond's death sparked bewilderment and outrage in both the U.S. and her native Australia. The case was also fraught with race. Damond was white, and Noor is Somali American, leading some to question whether the case would have been handled the same if the victim had been black and the officer white. While the city agreed to a $20 million settlement with Damond's family soon after Noor's conviction, it has yet to settle with the family of Jamar Clark, a black man shot by police in 2015, though in that case police said Clark was struggling for an officer's gun.

Plunkett and fellow defense attorney Peter Wold proposed to Judge Kathryn Quaintance that she creatively sentence Noor to turn himself in to a county detention facility for a week every year on the anniversary of Damond's death and on her birthday while he was on probation. They also proposed an annual period of community service.

Under Minnesota's sentencing guidelines, Noor's presumptive sentence for third-degree murder was 12½ years, although the judge had the flexibility to impose a sentence anywhere from about 11 to 15 years without providing justification. Any bigger variation would have required an explanation. The presumptive sentence on the manslaughter count was four years.

Noor had been held since his conviction in the most secure unit at the state's maximum security prison in Oak Park Heights for his own safety, Corrections Department spokeswoman Sarah Fitzgerald said Thursday. He was kept alone in his cell but had the same privileges as other prisoners in the unit and was let out for recreation time, she said.

Categories: Ohio News

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