National Roundup

Minnesota
Prosecutors: Longer sentences needed for Floyd officers
MINNEAPOLIS (AP) — Prosecutors have offered additional explanation about why they believe longer sentences should be given if four former Minneapolis police officers are convicted in the death of George Floyd.

In a court filing Monday in Hennepin County, prosecutors said the position of trust the officers held and Floyd’s vulnerability are two reasons why the men, if convicted, should receive longer sentences than guidelines recommend.

Prosecutors previously requested longer-than-recommended sentences for former officers Derek Chauvin, his partner, Tou Thao, and the initial arresting officers, J. Alexander Kueng and Thomas Lane. The filing from Attorney General Keith Ellison’s office offers an explanation for enhanced sentences that Hennepin County Judge Peter Cahill requested.

Lane’s defense attorney Earl Gray said the request for an upward sentencing departure is an attempt to poison the potential pool of jurors.

“They first have to get a conviction,” he said.

Chauvin, who is white, was captured on cellphone video kneeling on the neck of Floyd, a Black man, for several minutes May 25 while Floyd was handcuffed face down on the street and begged to breathe. Chauvin is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter. Kueng, Lane and Thao each are charged with aiding and abetting murder and manslaughter. Kueng pinned Floyd’s torso and Lane controlled his legs, while Thao kept angry bystanders away from the officers and Floyd.

When they arrived in full uniform to question Floyd about a counterfeit bill, the officers held a “defined relationship” of authority over Floyd, which they used to “dominate and control” him, prosecutors wrote. They handcuffed him, pinned him to the ground and ultimately caused his death, their memo said.

Prosecutors cited an appellate ruling that endorsed longer sentences when there’s a power imbalance that makes it difficult for the victim to protect himself, the Star Tribune reported. The courts also allow longer sentences when a victim is vulnerable due to reduced physical or mental capacity.


New Mexico
Judge: Victims can sue Santa Fe Archdiocese over transfer
ALBUQUERQUE, N.M. (AP) — A U.S. bankruptcy judge has ruled that lawyers for clergy sex abuse survivors can file lawsuits alleging the Archdiocese of Santa Fe fraudulently transferred millions to avoid bigger payouts to victims.

The Albuquerque Journal reports  the recent decision by Judge David T. Thuma in the Chapter 11 reorganization case opens the door to what could be a multimillion-dollar boon to hundreds of alleged victims. Or it could set off protracted, costly legal appeals that would tap funds that could have paid valid abuse claims.

Lawyers for the 94 archdiocese parishes, several of which predate the archdiocese by many decades or even centuries, predicted at a court hearing in August that the “decimation” of certain parishes would result if the lawsuits into the transfers go forward.

Negotiations between the parties have stalled in the nearly 2-year-old bankruptcy case, which the archdiocese filed in late 2018 to deal with a surge of claims alleging childhood sexual abuse perpetrated by priests and other clergy. An estimated $52 million has been paid in out-of-court settlements to victims in prior years.


Washington
Yakama Nation sues city over landfill site, hazardous waste
YAKIMA, Wash. (AP) — A Native American tribe in Washington state has sued the city of Yakima over a former landfill on city property that is leaking hazardous substances into the land.

The Yakama Nation filed the lawsuit Oct. 2 in the U.S. District Court for the Eastern District of Washington.

The city used the land near the Yakima River as a solid waste disposal site between 1963 and 1972 until it was shut down by the Yakima County Health Department, The Yakima Herald-Republic reported.

The state Department of Ecology conducted subsequent surveys that found leaks of hazardous waste, including heavy oils, lead, arsenic and nitrate.

The department told the city in 2017 that it was liable for the leaks and ordered an action plan the following year specifying how the city should remove the toxic substances.

The lawsuit claims the tribe helped to select a remedial course of action but was not reimbursed by the city for the time and cost associated with that response, which included meeting participation, phone calls and emails costing at least $15,000.

The lawsuit also mentioned that the Yakima River is a fishing location for tribal people that is protected by treaty.

Attorneys for the Yakama Nation did not immediately respond to requests for comment.

“At this point we are working toward addressing the Nation’s concerns and reaching a resolution that is mutually acceptable to the parties, so would prefer to reserve comment at the present time,” Yakima city attorney Jeff Cutter said, adding that the city could not discuss the pending lawsuit.

Alaska
Documents: Man charged in road rage shooting
ANCHORAGE, Alaska (AP) — An Alaska man faces murder charges after he fatally shot another driver during a road-rage encounter, authorities said.

Gavin Christiansen, 38, of Palmer was charged with first- and second-degree murder in connection with the Sunday’s shooting, The Anchorage Daily News reported.

Christiansen killed 35-year-old Devin Moorhouse of Anchorage, charging documents filed Monday in Palmer Superior Court said.

Moorhouse and a juvenile passenger were driving “doughnuts” in a gravel pit and struck Christiansen’s vehicle, the documents said. Christiansen fired multiple shots and struck Moorhouse’s vehicle several times as he drove away, the documents said.

Moorhouse at one point turned off his vehicle’s lights and tried to hide in a driveway, according to the documents. As the pursuit continued, Moorhouse lost control of his vehicle and crashed into a ditch.

Christiansen pulled up “mirror to mirror and pointed a gun at Moorhouse and his passenger,” documents said.

Christiansen fired multiple rounds into the closed window of the vehicle, striking Moorhouse in the upper torso and neck multiple times, documents said.

Moorhouse died at the scene, authorities said.

The juvenile passenger was not injured. He tried to take a rifle from the back seat when Christiansen pulled up next to them, documents said.

Online court records did not list an attorney for Christiansen who could comment on his behalf. He remained in custody Monday.