Court Digest

North Dakota
Judge denies temporary bid for out-of-state help for congressional age limit measure
BISMARCK, N.D. (AP) — A federal judge in North Dakota has denied a request from supporters of congressional age limits to temporarily allow out-of-state petition circulators as they seek to advance their proposed ballot measure.

U.S. District Court Judge Daniel Hovland on Thursday said their request for a preliminary injunction “will be addressed in due course” and after North Dakota’s secretary of state and attorney general, who are named in the federal lawsuit, have been able to respond and a hearing can be held.

The measure’s backers sued over state constitutional provisions and laws that require that initiative petition circulators be North Dakota residents. Out-of-state petition circulators are currently subject to misdemeanor penalties of up to nearly a year’s imprisonment, a $3,000 fine, or both.

Hovland denied a requested temporary restraining order, which is a short-term, more immediate block than a longer-lasting preliminary injunction.

“In this case, it appears binding legal precedent from the Eighth Circuit Court of Appeals will make it difficult for the Plaintiffs to succeed on the merits,” Hovland wrote. “That being said, the Court will not prejudge the matter. Full briefing and a hearing are necessary before the Court can make a definitive ruling. A temporary restraining order is an extraordinary remedy.”

The precedent case he cited held that North Dakota laws requiring petition circulators to be state residents are constitutionally sound.

Under the proposed measure, no one who would turn 81 by the end of their term could be elected or appointed to the state’s U.S. House or Senate seats.

Measure supporters want to use out-of-state petition circulators to help gather more than 31,000 signatures of valid North Dakota voters by a February deadline to prompt a June 2024 vote. They had gathered more than 8,200 signatures as of Aug. 30, according to a previous filing.

The measure’s push comes amid health- and age-related concerns for federal officeholders, including late Democratic U.S. Sen. Dianne Feinstein of California, who died Sept. 29 at age 90 after recent health struggles, and Republican Senate Minority Leader Mitch McConnell, 81, who physically froze up twice last summer in front of reporters.

Louisiana
No charges in deadly 2019 Hard Rock hotel building collapse,  grand jury rules
NEW ORLEANS (AP) — A grand jury in Louisiana has decided against indicting anyone in the deadly collapse four years ago of a Hard Rock Hotel that was under construction in New Orleans.

The panel, which heard evidence in the case over several months, met once more on Thursday. It was the last chance to file criminal charges before a four-year window closed to pursue gross negligence charges under state law.

Orleans Parish District Attorney Jason Williams decided to have the panel hear testimony and vote on potential charges, rather than directly filing them, and it returned a “no true bill” verdict, meaning at least nine jurors did not find sufficient evidence to establish criminal liability.

Williams said in a statement that the grand jury did not hear enough evidence to meet the threshold for a criminal case.

“Unfortunately, criminal negligence carries a much higher burden than civil negligence, and upon deliberating, the jurors decided there simply wasn’t enough certainty to proceed,” Williams said.

His office also expressed frustration at the grand jury’s decision, calling it “a disheartening day.”

“Our entire team ... is frustrated with this outcome,” it said in the same statement. Our thoughts and prayers continue to be with (the families) as they continue their healing from such an emotionally taxing process.”

The collapse of the building on Oct. 12, 2019, killed three men — 36-year-old Quinnyon Wimberly, 49-year-old Anthony Floyd Magrette and 63-year-old Jose Ponce Arreola — injured others, damaged nearby property and led to the closure of Canal Street for more than a year.

Following the grand jury’s decision, Magrette’s sisters said in comments to WVUE-TV that the legal system is cruel and they remain without closure after four years of waiting.

Angela Magrette, the victim’s twin, said the family will continue clamoring for justice.

“There’s no way another building’s not going to fall, because nobody was held accountable. It’s going to happen again,” she said.


Oregon
Man guilty of murder in deaths of 3 neighbors
PORTLAND, Ore. (AP) — A jury on Friday convicted a Portland, Oregon, man of murder in the shooting deaths of three of his neighbors.

Brett Pruett, 61, was found guilty of first-degree murder, unlawful use of a weapon, burglary and assault, the Multnomah County District Attorney’s Office said in a news release.

Police found three people dead at a residence in northeast Portland on July 17, 2020. Pruett killed Tashia Cobb and her fiance Elmer Hughes outside and then killed their friend Lawrence Murphy inside the residence, The Oregonian/OregonLive reported. Police arrested Pruett the following day.

Pruett lived in a house next to the home where Cobb, Hughes and Murphy lived, Senior Deputy District Attorney Nathan Vasquez told the Multnomah County jury. He said Pruett had been taking care of Betty Boyles, who owned both of the houses.

When Boyles died that April, Pruett tried to take ownership of her property and demanded rent from the three neighbors, the prosecutor said. Despite an eviction lawsuit against him, Pruett continued to insist on rent payments. He shot Hughes, Cobb and Murphy after days without sleep during a methamphetamine binge, Vasquez told the jury.

The defense worked to undermine the credibility of witnesses and argued that police too quickly settled on Pruett as the suspect. Pruett’s attorneys also asked the judge to declare a mistrial, arguing that prosecutors had withheld information that would have been critical for the defense team to know in formulating their strategy.

Pruett is scheduled to be sentenced in January.

Washington
Man sentenced to life for murder of sheriff’s deputy
VANCOUVER, Wash. (AP) — An Oregon man who fatally shot a sheriff’s deputy in southwest Washington state has been sentenced to life in prison without the possibility for parole.

Guillermo Raya Leon, 28, was sentenced Thursday in the 2021 death of Clark County sheriff’s Sgt. Jeremy Brown, The Columbian reported.

A Clark County Superior Court jury found the Salem man guilty last week of aggravated first-degree murder, trafficking in stolen property, burglary, motor vehicle theft and two counts of possession of a stolen firearm.

The sentence followed emotional statements from Brown’s family and co-workers.

Jill Brown in court said the sentencing doesn’t give closure to her husband’s death but she considered it an “appropriate acknowledgment” of what happened, Oregon Public Broadcasting reported.

Brown was shot on July 23, 2021, as the detective was doing surveillance in his unmarked SUV at an east Vancouver apartment complex. Law enforcement officers from several agencies were investigating Raya Leon, his brother and his brother’s wife in a case described by prosecutors as a conspiracy to steal dozens of firearms and thousands of ammunition rounds from a storage unit and then sell them.

Raya Leon claimed self-defense in the shooting and his lawyer during trial argued Raya Leon did not intend to shoot the detective, only to confirm Brown was watching them.

Prosecutors said Raya Leon knew Brown was a deputy and took time to think things over before confronting the detective. They said Raya Leon sneaked up on Brown and shot him from behind.

Raya Leon’s sister-in-law Misty Raya, pleaded guilty last week to second-degree murder, two counts of second-degree burglary, one count of second-degree unlawful possession of a firearm and one count of theft of a firearm. She was sentenced Thursday to 25 years in prison.

A jury convicted Raya Leon’s brother, Abran Raya Leon, of second-degree murder, possession of a stolen firearm and unlawful possession of a firearm. He was the getaway driver in the shooting, and a judge in late August sentenced him to 27 years in prison.

California
Attorneys announce $7M settlement in fatal shooting by cops
SAN FRANCISCO (AP) — A $7 million settlement has been reached with the California Highway Patrol in the fatal shooting of a driver and wounding of his girlfriend during a 2020 traffic stop in Oakland, lawyers for the man’s family and the survivor said Wednesday.

Erik Salgado, 23, who was driving a car that had been reported stolen, was killed and his girlfriend was wounded by officers after Salgado struck CHP vehicles in front of and behind while attempting to maneuver away from them on June 2, 2020.

John Burris, one of the plaintiffs’ attorneys announcing settlement of a federal court lawsuit, said in a statement that the shooting was “inhumane and a reckless disregard for human life.”

A March 2022 report by the Alameda County District Attorney’s Office said officers fired when they believed one officer had been or was about to be struck by the car. The report said that while questions remained as to the use of force, there was a lack of evidence and independent witnesses to proceed with criminal charges.

Then-District Attorney Nancy E. O’Malley said in a letter to the Highway Patrol that she agreed that the evidence did not justify criminal charges.


Indiana
Man indicted for threatening messages left at ADL offices
INDIANAPOLIS (AP) — A federal grand jury has indicted a man for leaving threatening voicemail messages at Anti-Defamation League offices across the country, prosecutors said Friday.

The indictment returned Tuesday said 67-year-old Andrzej Boryga threatened to kill Jewish people in voicemail messages left at ADL offices in New York, Texas, Colorado and Nevada.

The indictment charges Boryga with four counts of willfully transmitting in interstate commerce a threat to injure another person.

If convicted on all counts, Boryga faces a maximum penalty of 20 years in prison, three years of supervised release and a fine of up to $250,000.

“Preventing and prosecuting hate crimes is a top priority for the Justice Department and my office,” Zachary Myers, U.S. attorney for the Southern District of Indiana, said in a news release. “We want to ensure the public that if a crime is motivated by bias, it will be investigated, and the perpetrators held responsible for their actions.”

Boryga appeared before a judge Tuesday, court documents say. He was released pending further court proceedings.

An email seeking comment was sent to Boryga’s attorney, federal community defender William H. Dazey Jr.

A phone message seeking comment was left at the ADL’s main office in New York.