National Roundup

Ohio Cleveland says boy died because of his own actions CLEVELAND (AP) - The city of Cleveland says it isn't to blame for the death of a 12-year-old boy who had a pellet gun when he was shot by police near a recreation center. In court documents, the city says Tamir Rice's injuries and the subsequent complaints for damages were the result of his own actions and a failure "to exercise due care to avoid injury." That's among 20 defenses in Cleveland's response to a federal lawsuit filed on behalf of Tamir's family. The city also says it didn't violate Tamir's federal rights and is entitled to certain legal immunities. An officer responding to a call about someone with a firearm shot the boy on Nov. 22. The family's complaint alleges excessive force, negligence and failure by police to immediately provide first aid. Louisiana Lawsuit: Exxon denied more claims than paid BATON ROUGE, La. (AP) - ExxonMobil has paid more than $4.6 million to nearly 2,900 motorists impacted by the company's production of more than 5 million gallons of tainted fuel distributed in the Baton Rouge area in March 2014. "ExxonMobil proactively honored all valid claims that involved impacted fuel," ExxonMobil Baton Rouge spokeswoman Stephanie Cargile told The Advocate. Cargile said the company cannot "at this time" provide an average payout figure. Exxon reopened the racks at its Baton Rouge gasoline terminal April 3, 2014, eight days after it shut the facility down because of problems involving more than 5 million gallons of unleaded regular fuel. Two batches of bad fuel produced at ExxonMobil in mid-March 2014 caused some Baton Rouge area drivers to experience problems with their intake and valve systems. Information on the payouts was included in ExxonMobil's response to a federal lawsuit filed over the bad gas incident. The suit alleges that Exxon denied many more claims than it paid. "Although Exxon has . received almost no new claims in over the last six months, the claims process remains active so that Exxon can compensate any remaining consumers that were actually affected by the atypical fuel," attorneys for the company said in federal court documents. Exxon's claims handling program and toll-free number received 7,458 calls, which resulted in more than $4.6 million in payments to 2,883 motorists who required automotive service, the company's attorneys said. Roger Jean LeBlanc, the suit's lead plaintiff, had sought class action for his lawsuit. U.S. District Judge Shelly Dick denied the request Feb. 20. After an investigation, Exxon blamed the problems on an "atypical variation" in the fuel, which may produce a gum in engines. The company said all of the gasoline produced met regulatory specifications. Hawaii High-speed drive lands Marine in jail, strikes officer HONOLULU (AP) - A Marine with a history of street racing is being held on $200,000 bail after high-speed driving and two crashes. The Honolulu Star-Advertiser reports that 22-year-old Sean Michael Shipe was charged Saturday with criminal property damage and terroristic threatening. Police say Shipe was stopped for speeding Thursday afternoon on the H-3 freeway but swerved his car toward an officer on foot and took off for Kaneohe. Police say Shipe turned around in Kaneohe, drove toward Honolulu on the Pali Highway, reversed his car and struck a solo bike officer. Shipe crashed near Castle Junction and was arrested. The final crash led to traffic congestion for hours as police investigated. Shipe is stationed at Kaneohe Bay. He pleaded no contest in 2013 and 2014 to street racing. Pennsylvania Coroner: Man in wife's ax slaying killed himself LANCASTER, Pa. (AP) - A Pennsylvania man accused of killing his wife with an ax on Christmas Eve was pronounced dead after a suicide attempt left him brain-dead, authorities said. Dustin Lee Klopp, 36, was rushed to a hospital Wednesday night after hanging himself in his county prison cell, according to the Lancaster County coroner's office. Klopp was declared brain-dead because of lack of oxygen to the brain, said Dr. Stephen Diamantoni, the county coroner. Hospital officials said Klopp was pronounced dead Friday. Diamantoni told LNP newspapers that said no autopsy will be done. He ruled the death a suicide. Klopp was charged with criminal homicide, abuse of a corpse and evidence-tampering in the Dec. 24 death of Stephanie Kilhefner, 34, in their Paradise Township home. Police said he cut her throat with a knife and repeatedly hit her in the head with an ax, then put her body in a bag in a shed and tried to clean up the blood. Authorities said Klopp called state police on Christmas Day, told them about the body and arrived at the state police barracks in Lancaster about an hour later. District Attorney Craig Stedman said the couple's children, ages 2 and 5, did not witness the slaying. Oregon Lawsuit filed against man, 82, who blasted boat EUGENE, Ore. (AP) - Two fishermen confronted last summer by a shotgun-blasting senior citizen have filed a $200,000 civil lawsuit against the man, alleging his aggression has caused them "fear and apprehension." Oregon State Police arrested Elden Nordahl, 82, of Florence, after the incident, and he later served time in jail. A woman who answered the phone at his home told The Register-Guard newspaper he was not available to comment on his latest legal problem. Nordahl, according to the paper, worked for many years as a real estate agent and developer in the Florence area. The lawsuit filed by boat owner Michael Eastman and his fishing partner, Demian Willett, states they were fishing on the Siuslaw River on Sept. 8 when their boat battery failed, leading them to make an emergency stop at a dock attached to Nordahl's property. While they were securing the aluminum boat to its trailer, Nordahl landed his boat at the dock and retrieved a gun from his home, according to the suit. Nordahl then fired one shot through the boat's hull, the lawsuit asserts. Eastman and Willett ran to their vehicle after Nordahl shot the boat, and started driving away from the property. As they left, Nordahl fired a second shot that damaged the boat's motor. State police released a similar account after Nordahl's arrest. Nordahl was held in the Lane County Jail for 18 days following his arrest and freed after a relative posted bail. Published: Tue, Mar 03, 2015