Virginia
Charges reduced against 3 facing prosecution in man’s death during admission to psychiatric hospital
RICHMOND, Va. (AP) — Second-degree murder charges against two sheriff’s deputies and a hospital worker have been reduced to involuntary manslaughter in the death of a Virginia man who was pinned to the floor for about 11 minutes while being admitted to a state psychiatric hospital.
The downgrading of the charges in the 2023 death of Irvo Otieno comes just weeks after prosecutors withdrew charges against five other sheriff’s deputies, a move criticized by Otieno’s family.
Otieno, a 28-year-old Black man, died in March 2023 after he was restrained by Henrico County sheriff’s deputies and hospital workers while he was being admitted to Central State Hospital. Prosecutors initially charged 10 people with second-degree murder, but withdrew charges against a total of seven people, leaving just three people facing prosecution.
On Wednesday, an amended indictment was filed downgrading the charge to involuntary manslaughter against two sheriff’s deputies, Brandon Rodgers and Kaiyell Sanders, and hospital employee Wavie Jones, according to online court records.
Dinwiddie County Commonwealth’s Attorney Amanda Mann did not immediately respond to an emailed request for comment. Doug Ramseur, an attorney for Jones, and Linwood Wells, an attorney for Sanders, declined to comment. Attorney Michael W. Lee, who represents Rodgers, did not immediately respond to an emailed request for comment.
Otieno was taken into custody in suburban Richmond during a mental health crisis. He was initially transported to a private hospital but later jailed after law enforcement officials said he became combative. He was then transferred to Central State Hospital, where he was restrained during the admissions process.
His death was captured on video, sparking outrage and calls for mental health and law enforcement reforms. The state medical examiner’s office ruled Otieno’s death a homicide, finding that he died of “positional and mechanical asphyxia with restraints.”
New York
Black men who were asked to leave a flight sue American Airlines, claiming racial discrimination
NEW YORK (AP) — Black passengers who were briefly ordered off an American Airlines plane in January sued the airline Wednesday, alleging that they were victims of racial discrimination.
Three of the men filed a lawsuit in federal court in New York. They said they were told to leave a plane waiting to take off in Phoenix and noticed five other black men who also had been ordered off the flight.
The three, who did not know each other and had been sitting in different parts of the plane, said an airline employee told them they were removed because a flight attendant had complained about a passenger’s body odor. The men said they responded that it appeared they were targeted for removal solely because of their race.
American offered to rebook them, but when it became clear after about an hour that there were no other available flights to New York that evening, they were allowed to reboard the plane, according to the lawsuit filed by Public Citizen, a consumer-advocacy group founded by Ralph Nader.
American said it was looking into the claims.
In 2017, the NAACP warned Black travelers about flying on American, claiming that several African American passengers had experienced discrimination by the airline. American promised changes, and the civil-rights group later lifted the advisory.
Hawaii
Judge orders new environmental review of a wave pool that foes say is waste of water
HONOLULU (AP) — A judge has halted plans for an artificial wave pool until developers can revise an environmental assessment to address concerns raised by Native Hawaiians and others who say the project is unnecessary in the birthplace of surfing and a waste of water.
In granting a temporary injunction Tuesday, Hawaii Environmental Court Judge Shirley Kawamura ordered a new review of concerns including impacts on water supply and anticipated growth in the area.
A group of Native Hawaiians and other residents filed a lawsuit last year challenging the Hawaii Community Development Authority’s approval of the 19-acre (7.6-hectare) Honokea Surf Village planned for west Oahu, which found that it will have no significant environmental impacts.
Opponents of the project say the wave pool, with a capacity of 7 million gallons (26 million liters), isn’t needed less than 2 miles (3.2 kilometers) from the ocean and another existing wave pool.
Project backer and renowned Native Hawaiian waterman Brian Keaulana has said artificial waves are useful for competitive surfers to train on perfect breaks that are sometimes elusive in the ocean. Customizable surf, he said, can also help create ideal conditions to teach surfing and lifesaving skills.
“Our goal of creating a place that combines cultural education with skill-based recreation must be done in a way that does not harm our natural resources,” he said Wednesday in a statement. “The court’s ruling allows us an opportunity to revisit the environmental concerns, especially our water resources.”
The judge said in her ruling that there was “insufficient evidence for the HCDA to determine whether there is a likelihood of irrevocable commitment of natural resources and whether secondary and cumulative impacts of water use, injection, land use changes, and wildlife mitigation would likely lead to a significant impact, thereby favoring an injunction.”
The current assessment is “ambiguous as to the specific manner, time frame, and actual daily water use implicated by the initial and periodic filling of the lagoon,” the ruling said.
However the development authority did make sufficient assessment of potential impact on historic preservation and burials, it added. The HCDA declined to comment Wednesday on the ruling.
Developers say the project would be drawing from a private water company separate from Oahu’s water utility, using a supply that was committed decades ago.
But the judge noted that they draw from the same underlying aquifer.
“Thus, additional analysis is needed to fully capture the potential cumulative impact of anticipated growth and subsequent increased competing water demand,” the ruling said.
The state attorney general’s office said it was reviewing the decision.
Healani Sonoda-Pale, one of the plaintiffs, called the ruling a “pono decision,” using a Hawaiian word that can mean “righteous.”
“Much has been made about Hawaiians being on both sides of the issue,” she said. “Building a wave pool is not a cultural practice. The threat of a wave pool ... is so immense in terms of how many people it could affect.”
Charges reduced against 3 facing prosecution in man’s death during admission to psychiatric hospital
RICHMOND, Va. (AP) — Second-degree murder charges against two sheriff’s deputies and a hospital worker have been reduced to involuntary manslaughter in the death of a Virginia man who was pinned to the floor for about 11 minutes while being admitted to a state psychiatric hospital.
The downgrading of the charges in the 2023 death of Irvo Otieno comes just weeks after prosecutors withdrew charges against five other sheriff’s deputies, a move criticized by Otieno’s family.
Otieno, a 28-year-old Black man, died in March 2023 after he was restrained by Henrico County sheriff’s deputies and hospital workers while he was being admitted to Central State Hospital. Prosecutors initially charged 10 people with second-degree murder, but withdrew charges against a total of seven people, leaving just three people facing prosecution.
On Wednesday, an amended indictment was filed downgrading the charge to involuntary manslaughter against two sheriff’s deputies, Brandon Rodgers and Kaiyell Sanders, and hospital employee Wavie Jones, according to online court records.
Dinwiddie County Commonwealth’s Attorney Amanda Mann did not immediately respond to an emailed request for comment. Doug Ramseur, an attorney for Jones, and Linwood Wells, an attorney for Sanders, declined to comment. Attorney Michael W. Lee, who represents Rodgers, did not immediately respond to an emailed request for comment.
Otieno was taken into custody in suburban Richmond during a mental health crisis. He was initially transported to a private hospital but later jailed after law enforcement officials said he became combative. He was then transferred to Central State Hospital, where he was restrained during the admissions process.
His death was captured on video, sparking outrage and calls for mental health and law enforcement reforms. The state medical examiner’s office ruled Otieno’s death a homicide, finding that he died of “positional and mechanical asphyxia with restraints.”
New York
Black men who were asked to leave a flight sue American Airlines, claiming racial discrimination
NEW YORK (AP) — Black passengers who were briefly ordered off an American Airlines plane in January sued the airline Wednesday, alleging that they were victims of racial discrimination.
Three of the men filed a lawsuit in federal court in New York. They said they were told to leave a plane waiting to take off in Phoenix and noticed five other black men who also had been ordered off the flight.
The three, who did not know each other and had been sitting in different parts of the plane, said an airline employee told them they were removed because a flight attendant had complained about a passenger’s body odor. The men said they responded that it appeared they were targeted for removal solely because of their race.
American offered to rebook them, but when it became clear after about an hour that there were no other available flights to New York that evening, they were allowed to reboard the plane, according to the lawsuit filed by Public Citizen, a consumer-advocacy group founded by Ralph Nader.
American said it was looking into the claims.
In 2017, the NAACP warned Black travelers about flying on American, claiming that several African American passengers had experienced discrimination by the airline. American promised changes, and the civil-rights group later lifted the advisory.
Hawaii
Judge orders new environmental review of a wave pool that foes say is waste of water
HONOLULU (AP) — A judge has halted plans for an artificial wave pool until developers can revise an environmental assessment to address concerns raised by Native Hawaiians and others who say the project is unnecessary in the birthplace of surfing and a waste of water.
In granting a temporary injunction Tuesday, Hawaii Environmental Court Judge Shirley Kawamura ordered a new review of concerns including impacts on water supply and anticipated growth in the area.
A group of Native Hawaiians and other residents filed a lawsuit last year challenging the Hawaii Community Development Authority’s approval of the 19-acre (7.6-hectare) Honokea Surf Village planned for west Oahu, which found that it will have no significant environmental impacts.
Opponents of the project say the wave pool, with a capacity of 7 million gallons (26 million liters), isn’t needed less than 2 miles (3.2 kilometers) from the ocean and another existing wave pool.
Project backer and renowned Native Hawaiian waterman Brian Keaulana has said artificial waves are useful for competitive surfers to train on perfect breaks that are sometimes elusive in the ocean. Customizable surf, he said, can also help create ideal conditions to teach surfing and lifesaving skills.
“Our goal of creating a place that combines cultural education with skill-based recreation must be done in a way that does not harm our natural resources,” he said Wednesday in a statement. “The court’s ruling allows us an opportunity to revisit the environmental concerns, especially our water resources.”
The judge said in her ruling that there was “insufficient evidence for the HCDA to determine whether there is a likelihood of irrevocable commitment of natural resources and whether secondary and cumulative impacts of water use, injection, land use changes, and wildlife mitigation would likely lead to a significant impact, thereby favoring an injunction.”
The current assessment is “ambiguous as to the specific manner, time frame, and actual daily water use implicated by the initial and periodic filling of the lagoon,” the ruling said.
However the development authority did make sufficient assessment of potential impact on historic preservation and burials, it added. The HCDA declined to comment Wednesday on the ruling.
Developers say the project would be drawing from a private water company separate from Oahu’s water utility, using a supply that was committed decades ago.
But the judge noted that they draw from the same underlying aquifer.
“Thus, additional analysis is needed to fully capture the potential cumulative impact of anticipated growth and subsequent increased competing water demand,” the ruling said.
The state attorney general’s office said it was reviewing the decision.
Healani Sonoda-Pale, one of the plaintiffs, called the ruling a “pono decision,” using a Hawaiian word that can mean “righteous.”
“Much has been made about Hawaiians being on both sides of the issue,” she said. “Building a wave pool is not a cultural practice. The threat of a wave pool ... is so immense in terms of how many people it could affect.”
Washington
Police chief dismissed from top job amid discrimination, harassment suits
SEATTLE (AP) — Seattle’s embattled police chief has been dismissed, Mayor Bruce Harrel said Wednesday.
Harrell said at a news conference that he met with Adrian Diaz on Tuesday and they agreed Diaz should step down. He will work on special assignments for the mayor with the police department, Harrell said.
Diaz’s departure comes about a week after police Capt. Eric Greening filed a lawsuit alleging that he discriminated against women and people of color, news outlet KUOW reported.
Greening is one of at least a half-dozen officers who have sued the department alleging sex and racial discrimination, and naming Diaz specifically. Last month several female officers filed a tort claim for $5 million, alleging harassment and sex discrimination.
Diaz has vehemently denied the allegations. Harrel said earlier this month that he would hire an outside investigator to examine some of the allegations.
On Wednesday, Harrell said the lawsuits were a distraction for Diaz. He praised Diaz, who appeared with him at the news conference, but said the two agreed that change could “be better served with him stepping aside.”
“I’ve accomplished so much in the four years as chief, but there’s more to be done,” Diaz said.
Diaz took over as acting chief in 2020 for Carmen Best, who resigned following a summer of demonstrations against police brutality after the killing of George Floyd in Minneapolis. He was later given the job officially.
Diaz will be replaced on an interim basis by Sue Rahr, a former sheriff of King County, where Seattle is located. Rahr most recently led the state’s police academy, where she evangelized a mantra of “guardians, not warriors.”
Montana
Republican blocks confirmation of first Native American federal judge for state
BILLINGS, Mont. (AP) — A Republican lawmaker from Montana blocked a Biden administration judicial nominee who would have been the state’s first Native American federal district court judge, officials said Wednesday.
Attorney Danna Jackson with the Confederated Salish and Kootenai Tribes had been nominated last month by President Joe Biden. The post requires Senate confirmation.
Sen. Steve Daines blocked Jackson from consideration because the administration never sought his consent prior to her nomination, said Rachel Dumke, a spokesperson for the lawmaker.
“Senator Daines believes confirming federal judges with lifetime tenure is among the most important decisions he will make and that these individuals must be trusted to not legislate from the bench,” Dumke said in an emailed statement.
A White House spokesperson refuted Dumke’s assertion and said members of Daines’ team had interviewed Jackson last year but that the senator refused to meet with her.
“This claimed lack of consultation seems to be little more than pretext, and it’s shameful that Senator Daines is depriving Montana of the talents of a principled, fair, and impartial jurist like Danna Jackson,” said Deputy Press Secretary Andrew Bates.
Daines’ opposition was earlier reported by Bloomberg Law.
The overwhelming majority of federal judges are white men, according to the American Bar Association.
Out of more than 1,400 federal judges as of late last year, only four were Native American and two others identified as partially Native, according to the association. That’s less than 1% of federal judges, whereas Native Americans make up almost 3% of the U.S. population.
Jackson did not immediately respond to a voice message seeking comment left with the Salish and Kootenai legal department.
She previously served as an attorney in the U.S. Department of Interior and as chief legal counsel for the Montana Department of Natural Resources and Conservation.
Her nomination was supported by Montana’s senior U.S. senator, Democrat Jon Tester, and representatives of the National Congress of American Indians and the Native American Rights Fund. Tester said Jackson was well qualified.
The Senate last week confirmed the 200th federal judge of Biden’s tenure, about a month earlier than when former President Donald Trump hit that mark in his term.
Police chief dismissed from top job amid discrimination, harassment suits
SEATTLE (AP) — Seattle’s embattled police chief has been dismissed, Mayor Bruce Harrel said Wednesday.
Harrell said at a news conference that he met with Adrian Diaz on Tuesday and they agreed Diaz should step down. He will work on special assignments for the mayor with the police department, Harrell said.
Diaz’s departure comes about a week after police Capt. Eric Greening filed a lawsuit alleging that he discriminated against women and people of color, news outlet KUOW reported.
Greening is one of at least a half-dozen officers who have sued the department alleging sex and racial discrimination, and naming Diaz specifically. Last month several female officers filed a tort claim for $5 million, alleging harassment and sex discrimination.
Diaz has vehemently denied the allegations. Harrel said earlier this month that he would hire an outside investigator to examine some of the allegations.
On Wednesday, Harrell said the lawsuits were a distraction for Diaz. He praised Diaz, who appeared with him at the news conference, but said the two agreed that change could “be better served with him stepping aside.”
“I’ve accomplished so much in the four years as chief, but there’s more to be done,” Diaz said.
Diaz took over as acting chief in 2020 for Carmen Best, who resigned following a summer of demonstrations against police brutality after the killing of George Floyd in Minneapolis. He was later given the job officially.
Diaz will be replaced on an interim basis by Sue Rahr, a former sheriff of King County, where Seattle is located. Rahr most recently led the state’s police academy, where she evangelized a mantra of “guardians, not warriors.”
Montana
Republican blocks confirmation of first Native American federal judge for state
BILLINGS, Mont. (AP) — A Republican lawmaker from Montana blocked a Biden administration judicial nominee who would have been the state’s first Native American federal district court judge, officials said Wednesday.
Attorney Danna Jackson with the Confederated Salish and Kootenai Tribes had been nominated last month by President Joe Biden. The post requires Senate confirmation.
Sen. Steve Daines blocked Jackson from consideration because the administration never sought his consent prior to her nomination, said Rachel Dumke, a spokesperson for the lawmaker.
“Senator Daines believes confirming federal judges with lifetime tenure is among the most important decisions he will make and that these individuals must be trusted to not legislate from the bench,” Dumke said in an emailed statement.
A White House spokesperson refuted Dumke’s assertion and said members of Daines’ team had interviewed Jackson last year but that the senator refused to meet with her.
“This claimed lack of consultation seems to be little more than pretext, and it’s shameful that Senator Daines is depriving Montana of the talents of a principled, fair, and impartial jurist like Danna Jackson,” said Deputy Press Secretary Andrew Bates.
Daines’ opposition was earlier reported by Bloomberg Law.
The overwhelming majority of federal judges are white men, according to the American Bar Association.
Out of more than 1,400 federal judges as of late last year, only four were Native American and two others identified as partially Native, according to the association. That’s less than 1% of federal judges, whereas Native Americans make up almost 3% of the U.S. population.
Jackson did not immediately respond to a voice message seeking comment left with the Salish and Kootenai legal department.
She previously served as an attorney in the U.S. Department of Interior and as chief legal counsel for the Montana Department of Natural Resources and Conservation.
Her nomination was supported by Montana’s senior U.S. senator, Democrat Jon Tester, and representatives of the National Congress of American Indians and the Native American Rights Fund. Tester said Jackson was well qualified.
The Senate last week confirmed the 200th federal judge of Biden’s tenure, about a month earlier than when former President Donald Trump hit that mark in his term.
