Court Digest

New York
NYPD commissioner won’t fire officer who killed a man during traffic stop


NEW YORK (AP) — New York City’s police commissioner has declined to fire a police officer who shot and killed a man during a traffic stop, rejecting a recommendation from an administrative judge. The dead man’s family is protesting the decision.

Lt. Jonathan Rivera shot and killed 31-year-old Allan Feliz because he believed Feliz was about to run over another responding officer with his vehicle, Commissioner Jessica Tisch’s written decision said.

Tisch said Rivera, who was a sergeant at the time, made a “fair and realistic assessment of an incredibly fast-moving, dangerous situation” in which he was “required to make a split-second decision when he believed that his fellow officer’s life was at immediate risk.”

Tisch’s ruling, issued late Thursday before the July 4 holiday weekend, goes against the determination of Rosemarie Maldonado, the department’s deputy commissioner of trials, who found Rivera guilty in February of excessive force and recommended his termination.

The shooting happened around 3 p.m. on Oct. 17, 2019, when an officer said he spotted Feliz driving in an SUV without his seatbelt on. Responding officers ran his driver’s license information and found several open warrants for relatively minor infractions, including littering, spitting and disorderly conduct.

Feliz then tried to drive away, prompting a struggle in which Rivera first shot him with a Taser and then with his firearm.

Tisch said her decision is consistent with the 2020 conclusion of a separate inquiry by state Attorney General Letitia James’ office, which declined to prosecute Rivera, saying the evidence “strongly suggests” the shooting was justified.

The police officer’s union representing Rivera praised Tisch’s decision as “based on the facts and the law” and “not because it was politically safe or expedient.”

Feliz’s family and supporters, however, planned to rally outside police headquarters in lower Manhattan on Tuesday evening to denounce the commissioner’s decision. A family statement says they are “furious and devastated by Commissioner Tisch’s outrageous, cowardly and shameful decision” not to fire or even discipline Rivera.

Rally organizers said the city’s Civilian Complaint Review Board, an independent police oversight agency, has until Friday to respond to Tisch’s decision before it becomes final. The board didn’t immediately respond to an email seeking comment.


Texas
Chinese man charged with stealing COVID-19 research from U.S. colleges


HOUSTON (AP) — A Chinese national has been arrested on suspicion of hacking into several U.S. universities’ computer systems to steal COVID-19-related research, authorities announced on Tuesday.

Xu Zewei is charged in a nine-count indictment in the Southern District of Texas for his alleged involvement in computer intrusions between February 2020 and June 2021. Another Chinese national, Zhang Yu, was also charged in the indictment.

Xu was arrested on Thursday in Italy and is awaiting extradition to the U.S. Authorities said Zhang remains at large.

Xu and others are accused of targeting and hacking several U.S.-based universities, immunologists, and virologists conducting research into COVID-19 vaccines, treatment and testing, according to court documents.

“The hacking of these American universities is not just a violation of intellectual property rights. It’s an attack on American scientific innovation,” Nicholas J. Ganjei, the Houston-based U.S. Attorney for the Southern District of Texas, said at a news conference.

Authorities declined to name the universities that had been targeted but said two were located in the Southern District of Texas.

Authorities allege that officers of China’s Ministry of State Security, or MSS, directed Xu and others to conduct the hacking.

A spokesman for the Chinese Embassy in Washington did not immediately reply to an email seeking comment.

Authorities allege Xu and Zhang were part of a group known as HAFNIUM, that targeted over 60,000 U.S. entities, successfully victimizing more than 12,700 in order to steal sensitive information. One of those targeted was a law firm with offices worldwide, including in Washington, D.C.

The charges against Xu include wire fraud, obtaining information by unauthorized access to protected computers and aggravated identity theft. The wire fraud charges carry sentences of up to 20 years in prison.

Tuesday’s announcement comes after the Justice Department earlier this month said two Chinese nationals had been charged with spying inside the United States on behalf of Beijing, including by taking photographs of a naval base.


Georgia
Judge orders mental evaluation for Venezuelan man convicted of killing Laken Riley


ATLANTA (AP) — A judge has ordered a mental evaluation of the Venezuelan man convicted of killing Georgia nursing student Laken Riley.

A judge in November found Jose Ibarra guilty of murder and other crimes in Riley’s February 2024 killing and sentenced him to life in prison without the possibility of parole. Ibarra is seeking a new trial, and his lawyers asked the judge to order a mental evaluation as part of that process.

Clarke County Superior Court Judge H. Patrick Haggard’s order for a mental evaluation was sent to the state Department of Behavioral Health and Developmental Disabilities Tuesday, according to a letter filed with the court.

Riley’s killing became part of the national debate about immigration during last year’s presidential campaign. Ibarra had entered the U.S. illegally in 2022 and was allowed to stay while he pursued his immigration case, federal immigration authorities said after his arrest.

President Donald Trump in January signed into law the Laken Riley Act, which requires the detention of unauthorized immigrants accused of theft and violent crimes.

Prosecutors said Ibarra encountered Riley while she was running on the University of Georgia campus on Feb. 22 and killed her during a struggle. Riley, 22, was a student at Augusta University College of Nursing, which also has a campus in Athens, about 70 miles (115 kilometers) east of Atlanta.

In a court filing last month, Ibarra’s post-conviction attorneys, James Luttrell and David Douds, said they believe Ibarra suffers from “congenital deficiency” that could make him “incapable of preparing a defense and standing trial.” Ibarra “lacks the mental capacity” to understand the proceedings, and his attorney wrote that he believes that was the case at the time of the killing and at the time of trial.

Ibarra, 27, had waived his right to a jury trial, meaning it was up to Athens-Clarke County Superior Court Judge H. Patrick Haggard alone to hear and decide the case.

“A criminal defendant must personally and intelligently participate in the waiver of the constitutional right to a trial by jury,” Luttrell and Douds wrote, noting that Ibarra’s trial attorney did not ask for a competency evaluation.

Prosecutor Sheila Ross wrote in a court filing responding to the request that there were “no challenges or concerns” about Ibarra’s competency prior to trial and that “there is nothing in the trial record that would suggest that Defendant was not competent during his trial.” But she wrote that she does not oppose the request for a competency evaluation.

Haggard last week filed an order asking the Department of Behavioral Health and Developmental Disabilities to evaluate Ibarra with the aid of a Spanish-language interpreter.

He asked for findings on whether Ibarra was capable of understanding the pretrial proceedings involving the waiver of his right to a jury trial, as well as the trial itself, and whether he was capable of assisting his attorney to prepare his defense. He also wants to know whether Ibarra understands the post-conviction proceedings and can aid in preparing his defense.

Ibarra was convicted on Nov. 20 and his attorneys filed a motion for a new trial on Dec. 2. Under Georgia law, a notice of appeal must be filed within 30 days of a conviction becoming final, which is the date of sentencing or the denial of a motion for a new trial, whichever is later. Therefore, the filing of a motion for a new trial effectively extends the deadline to file an appeal.


Minnesota
Second defendant pleads guilty in voter fraud case


MINNEAPOLIS (AP) — The second of two defendants from Nevada who were charged in Minnesota with conspiracy to commit voter registration fraud pleaded guilty Tuesday, federal prosecutors announced.

Ronnie Williams, 58, entered his plea before U.S. District Judge Laura Provinzino in St. Paul. Court records don’t say whether there was a formal plea agreement.

“Free and fair elections are the cornerstone of our democracy,” Acting U.S. Attorney Joseph Thompson said in a statement. “Any attempt to undermine that process through fraud will be investigated and prosecuted. This case sends a clear message — election fraud will not be tolerated in Minnesota.”

Williams’ co-defendant, Lorraine Lee Combs, 57, pleaded guilty June 24. Under her plea agreement, the prosecution and defense agreed that the nonbinding federal sentencing guidelines recommend a sentence of zero to six months in prison, with one to three years of supervised release and a fine of up to $20,000.

The actual sentences will be determined by the judge. The charges carry statutory maximums of five years in prison. Sentencing dates have not been set. Both defendants will remain free in the meantime.

Williams and Combs allegedly generated fictitious names and other data they used to fill out Minnesota voter registration forms in 2021 and 2022. The charging documents filed last month say Williams provided the completed forms to an entity that sought to register voters in Minnesota that is identified only as “Foundation 1,” which paid him, and that he then split the proceeds with Combs.

Combs and Williams were longtime romantic partners, according to the documents, which don’t say how much they were paid. The documents also indicate that others were involved in the alleged conspiracy, but charges against them have not been announced.

While voter fraud does happen occasionally, the country’s processes provide many safeguards that generally keep it detectable and rare. When it happens, it tends to get caught and prosecuted.

“The extensive checks in Minnesota’s voter registration process ensured that the fraudulent applications were immediately flagged, and no ineligible votes were cast,” Secretary of State Steve Simon said in a statement when the charges were announced.

The announcements from prosecutors said the two are Nevada residents who formerly lived in Minnesota. The federal court documents don’t specify which cities, but Minnesota court records show they were evicted from a West St. Paul apartment building in 2023.