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Chief: 6-year-old shot Virginia teacher during class lesson
In the moments before a 6-year-old Virginia boy shot his teacher, there was no fight, no physical struggle and no warning, authorities said Monday.
“What we know today is that she was providing instruction. He displayed a firearm, he pointed it and he fired one round,” Newport News police Chief Steve Drew said.
Drew, who spoke during a news conference, offered the first detailed description of a shooting that shocked the city and was notable even in a country like the United States that seems inured to constant gun violence. Drew had previously said that the shooting was not accidental and had declined to elaborate.
Drew said he wanted to clarify remarks he made just after the shooting on Friday, when he said there was an “altercation” before the shooting. He said it was more like an “interaction” between the boy and his first-grade teacher at Richneck Elementary School, 25-year-old Abby Zwerner.
But Drew also reiterated that the shooting was “not accidental.”
“It was intentional,” he said.
Drew also revealed that the 9mm handgun used by the boy was legally purchased by his mother and was in the family’s home. He said the boy brought it to school in his backpack the day of the shooting.
Zwerner put up her hand in a defensive position when the gun fired, and the bullet went through her hand and into her upper chest, Drew said. Although her injuries were initially considered life-threatening, she has improved and is currently listed in stable condition at a hospital.
Read: 8 found fatally shot in Utah home, including 5 children
Drew hailed Zwerner as a hero for quickly hustling her students out of the classroom after she was shot. He said surveillance video shows she was the last person to leave her classroom.
“She made a right turn and started down the hallway, and then she stopped. ... She turned around and make sure every one of those students was safe,” Drew said.
Drew said a school employee rushed into the classroom and physically restrained the boy after hearing the gunshot. He said the boy became “a little combative” and struck the employee. Police officers arrived and escorted him out of the building and into a police car.
The boy has been held at a medical facility since an emergency custody order and temporary detention order were issued Friday, Drew said. He said it will be up to a judge to determine what the next steps are for the boy. He also said the boy’s mother has been interviewed by police, but it is unclear whether she could potentially face any charges.
As questions loomed about the boy and his mother, Zwerner’s friend told a crowd gathered at a Monday night vigil that the first-grade teacher has shown “dedication and love for what she does day in and day out.”
“Abby is a warrior and she demonstrates mental and physical strength every day,” said Rosalie List, a 2nd grade teacher at Richneck. “I’m so proud of her.”
Lauren Palladini, Richneck’s school counselor, told the crowd that Zwerner is “sweet. She’s thoughtful. She’s caring. And she’s been one of the most amazing teachers that I’ve been blessed to interact with.”
Amanda Bartley, who teaches at another elementary school in the city, asked everyone to pray for Zwerner and to “pray for the young man who did this.”
As she passed out candles before the vigil, Bartley told The Associated Press that she organized the event to support Zwerner and to uplift others. But, she said, many questions remain unanswered.
Among them: “How did he get the gun? Why wasn’t it locked up? A good gun owner knows that you lock up your weapon. You have a safety on. You keep the ammunition separate from the weapon itself.”
Read: Pennsylvania officer killed, 2nd wounded; suspect shot dead
Gun owners can be prosecuted under a Virginia law that prohibits anyone from recklessly leaving a loaded, unsecured gun in a manner that endangers the life or limb of children under 14. A violation of that law is a misdemeanor, punishable by a maximum jail sentence of one year and a maximum fine of $2,500.
Virginia does not have a law that requires unattended guns to be stored in a particular way or a law that requires gun owners to affirmatively lock their weapons.
“Virginia definitely has a weaker law than many other states that have child access prevention laws,” said Allison Anderman, senior counsel and director of local policy at Giffords Law Center to Prevent Gun Violence.
Legal experts said even though it is theoretically possible under Virginia law to criminally charge a 6-year-old child, there are numerous obstacles to doing so and it’s highly unlikely that any prosecutor would even try.
To be tried as an adult in Virginia, a juvenile must be at least 14. A 6-year-old is also too young to be committed to the custody of the Department of Juvenile Justice if found guilty. In addition, a common law doctrine known as the “infancy defense” holds that children under 7 cannot be prosecuted for a crime because they are so young that they are incapable of forming criminal intent.
A judge would also have to find that the child was competent to stand trial, meaning that he could understand the legal proceedings against him and assist in his own defense, said Andrew Block, a professor and the University of Virginia School of Law who was the director of Virginia’s Department of Juvenile Justice from 2014 to 2019.
“It’s virtually impossible to imagine a 6-year-old being found competent to stand trial,” Block said.
Julie E. McConnell, a law professor at the University of Richmond who has worked on youth justice cases for more than 25 years, said prosecutors can file what’s known as a “Child in Need of Services” petition in cases in which a child’s behavior or condition presents or results in a serious threat to the child’s well-being and physical safety.
A judge would then have an array of options, including: ordering services such as counseling or anger management; allowing the child to remain with his parents, subject to conditions; ordering the parents to participate in programs or cooperate in treatment; or transferring custody of the child to a relative, child welfare agency or a local social services agency.
On eve of Biden's border visit, migrants fear new rules
Several hundred people marched through the streets of El Paso Saturday afternoon, and when they arrived at a group of migrants huddling outside a church, they sang to them “no estan solos” — “you are not alone.”
Around 300 migrants have taken refuge on sidewalks outside Sacred Heart Church, some of them afraid to seek more formal shelters, advocates say, amid new restrictions meant to crack down on illegal border crossings.
This is the scene that will greet President Joe Biden on his first, politically thorny visit to the southern border Sunday.
The president announced last week that Cubans, Nicaraguans, Haitians and Venezuelans will be expelled to Mexico if they enter the U.S. illegally — an expansion of a pandemic-era immigration policy called Title 42. The new rules will also include offering humanitarian parole for up to 30,000 people a month from those four countries if they apply online and find a financial sponsor.
Biden is scheduled to arrive in El Paso Sunday afternoon before traveling on to Mexico City to meet with North American leaders on Monday and Tuesday.
Read more: Biden agenda, lithium mine, tribes, greens collide in Nevada
Dylan Corbett, who runs the nonprofit Hope Border Institute, said the city is experiencing an increasing “climate of fear.”
He said immigration enforcement agencies have already started ratcheting up deportations to Mexico, and he senses a rising level of tension and confusion.
The president’s new policy expands on an existing effort to stop Venezuelans attempting to enter the U.S., which began in October.
Corbett said many Venezuelans have since been left in limbo, putting a strain on local resources. He said expanding those policies to other migrants will only worsen the circumstances for them on the ground.
“It’s a very difficult situation because they can’t go forward and they can’t go back,” he said. People who aren’t processed can’t leave El Paso because of U.S. law enforcement checkpoints; most have traveled thousands of miles from their homelands and refuse to give up and turn around.
“There will be people in need of protection who will be left behind,” Corbett said.
The new restrictions represent a major change to immigration rules that will stand even if the U.S. Supreme Court ends a Trump-era public health law that allows U.S. authorities to turn away asylum-seekers.
El Paso has swiftly become the busiest of the Border Patrol’s nine sectors along the U.S. border with Mexico, occupying the top slots in October and November. Large numbers of Venezuelans began showing up in September, drawn to the relative ease of crossing, robust shelter networks and bus service on both sides of the border, and a major airport to destinations across the United States.
Venezuelans ceased to be a major presence almost overnight after Mexico, under Title 42 authority, agreed on Oct. 12 to accept those who crossed the border illegally into the United States. Nicaraguans have since filled that void. Title 42 restrictions have been applied 2.5 million times to deny migrants a right to seek asylum under U.S. and international law on grounds of preventing the spread of COVID-19.
Read more: Biden intends to make his first visit to US-Mexico border
U.S. authorities stopped migrants 53,247 times in November in the El Paso sector, which stretches across 264 miles of desert in West Texas and New Mexico but sees much of its activity in the city of El Paso and suburban Sunland Park, New Mexico. The most recent monthly tally for the sector was more than triple the same period of 2021, with Nicaraguans the top nationality by far, followed by Mexicans, Ecuadoreans, Guatemalans and Cubans.
Many gathered under blankets outside Sacred Heart Church. The church opens its doors at night to families and women, so not all of the hundreds caught in this limbo must sleep outside in the dropping temperatures. Two buses were available for people to warm up and charge their phones. Volunteers come with food and other supplies.
Juan Tovar held a Bible in his hands, his 7-year-old daughter hoisted onto his shoulders. The 32-year-old was a bus driver in Venezuela before he fled with his wife and two daughters because of the political and financial chaos that has consumed their home country.
He has friends in San Antonio prepared to take them in, he said. He’s here to work and provide an education for his daughters, but he’s stuck in El Paso without a permit.
“Everything is in the hands of God,” he said. “We are all humans and we want to stay.”
Another Venezuelan, 22-year-old Jeremy Mejia, overheard and said he had a message he’d like to send to the president.
“President Biden, I ask God to touch your heart so we can stay in this country,” Mejia said. “I ask you to please touch your heart and help us migrants have a better future in the U.S.”
6-year-old shoots teacher in Virginia classroom: Police
A 6-year-old student shot and wounded a teacher at his school in Virginia during an altercation inside a first-grade classroom Friday, police and school officials in the city of Newport News said.
Experts said a school shooting involving a 6-year-old is extremely rare, although not unheard of, while Virginia law limits the ways in which a child that age can be punished for such a crime.
No students were injured in the shooting at Richneck Elementary School, police said. The teacher — a woman in her 30s — suffered life-threatening injuries. Her condition had improved somewhat by late afternoon, Newport News Police Chief Steve Drew said.
“We did not have a situation where someone was going around the school shooting,” Drew told reporters, later adding that the gunshot was not an accident.
Drew said the student and teacher had known each other in a classroom setting.
He said the boy had a handgun in the classroom, and investigators were trying to figure out where he obtained it. The police chief did not provide further details about the shooting, the altercation or what happened inside the school.
Joselin Glover, whose son is in fourth grade, told The Virginian-Pilot newspaper she got a text from the school stating that one person was shot and another was in custody.
“My heart stopped,” she said. “I was freaking out, very nervous. Just wondering if that one person was my son.”
Also Read: 8 found fatally shot in Utah home, including 5 children
Carlos, her 9-year-old, was at recess. But he said he and his classmates were soon holed up in the back of a classroom.
“Most of the whole class was crying,” Carlos told the newspaper.
Parents and students were reunited at a gymnasium door, Newport News Public Schools said via Facebook.
The police chief did not specifically address questions about whether authorities were in touch with the boy’s parents, but said members of the police department were handling that investigation.
“We have been in contact with our commonwealth’s attorney (local prosecutor) and some other entities to help us best get services to this young man,” Drew said.
Newport News is a city of about 185,000 people in southeastern Virginia known for its shipyard, which builds the nation’s aircraft carriers and other U.S. Navy vessels.
Richneck has about 550 students who are in kindergarten through fifth grade, according to the Virginia Department of Education’s website. School officials have already said that there will be no classes at the school on Monday.
“Today our students got a lesson in gun violence,” said George Parker III, Newport News schools superintendent, “and what guns can do to disrupt, not only an educational environment, but also a family, a community.”
Virginia law does not allow 6-year-olds to be tried as adults
In addition, a 6-year-old is too young to be committed to the custody of the Department of Juvenile Justice if found guilty.
A juvenile judge would have authority, though, to revoke a parent’s custody and place a child under the purview of the Department of Social Services.
A school shooting involving a 6-year-old is extremely rare, said James Alan Fox, a criminologist at Boston’s Northeastern University.
Fox told The Associated Press Friday evening that he could think of one previous incident involving a child that age.
In 2000, a 6-year-old boy fired a bullet from a .32-caliber gun inside Buell Elementary near Flint, Michigan, 60 miles (96 kilometers) from Detroit, striking 6-year-old Kayla Rolland in the neck, according to an AP article from the time. She died a half-hour later.
Fox analyzed school shooting data sets going back to 1970 from the Center for Homeland Defense and Security, which is located at the Naval Postgraduate School in Monterey, California. He said the data listed school shootings involving children ages 7, 8, 9 and older, but not 6-year-olds.
Another factor that stands out about the Virginia shooting is that it occurred in a classroom, Fox said. Many occur outside a school building where students are unsupervised.
From 2010 through 2021, there were more than 800 school-related shootings in K-12 schools that involved 1,149 victims. Thirty percent of those occurred in the school building, said Fox, who published the 2010 book, “Violence and Security on Campus: From Preschool Through College.”
“There are students who killed teachers, more typically high school students,” Fox said. “I don’t know of other cases where a 6-year-old shot a teacher.”
___
Barakat reported from Falls Church, Virginia.
McCarthy elected House speaker in rowdy post-midnight vote
Republican Kevin McCarthy was elected House speaker on a historic post-midnight 15th ballot early Saturday, overcoming holdouts from his own ranks and floor tensions that boiled over after a chaotic week that tested the new GOP majority’s ability to govern.
“My father always told me, it’s not how you start, it’s how you finish,” McCarthy told cheering fellow Republicans.
Eager to confront President Joe Biden and the Democrats, he promised subpoenas and investigations. “Now the hard work begins," the California Republican declared. He credited former President Donald Trump for standing with him and for making late calls “helping get those final votes.”
Republicans roared in celebration when his victory was announced, chanting “USA! USA!”
Finally elected, McCarthy took the oath of office, and the House was finally able to swear in newly elected lawmakers who had been waiting all week for the chamber to formally open and the 2023-24 session to begin.
After four days of grueling ballots, McCarthy flipped more than a dozen conservative holdouts to become supporters, including the chairman of the chamber’s Freedom Caucus.
Read more: GOP's McCarthy voted down time after time for House speaker
He fell one vote short on the 14th ballot, and the chamber became raucous, unruly.
McCarthy strode to the back of the chamber to confront Republican Matt Gaetz, sitting with Lauren Boebert and other holdouts. Fingers were pointed, words exchanged and violence apparently just averted.
At one point, Republican Mike Rogers of Alabama, shouting, approached Gaetz before another Republican, Richard Hudson, physically pulled him back.
“Stay civil!” someone shouted.
Order restored, the Republicans fell in line to give McCarthy the post he had fought so hard to gain, House speaker, second in the line of succession to the presidency.
The few remaining Republican holdouts began voting present, dropping the tally he needed. It was the end of a bitter standoff that had shown the strengths and fragility of American democracy.
The tally was 216-212 with Democrats voting for leader Hakeem Jeffries, and six Republican holdouts to McCarthy simply voting present.
The night's stunning turn of events came after McCarthy agreed to many of the detractors’ demands — including the reinstatement of a longstanding House rule that would allow any single member to call a vote to oust him from office.
Even as McCarthy secured the votes he needs, he will emerge as a weakened speaker, having given away some powers and constantly under the threat of being booted by his detractors.
But he could also be emboldened as a survivor of one of the more brutal fights for the gavel in U.S. history. Not since the Civil War era has a speaker's vote dragged through so many rounds of voting.
The showdown that has stymied the new Congress came against the backdrop of the second anniversary of the Jan. 6, 2021, attack on the Capitol, which shook the country when a mob of Trump’s supporters tried to stop Congress from certifying the Republican’s 2020 election defeat to Biden.
At a Capitol event Friday, some lawmakers, all but one of them Democrats, observed a moment of silence and praised officers who helped protect Congress on that day. And at the White House, Biden handed out medals to officers and others who fought the attackers.
“America is a land of laws, not chaos,” he said.
At the afternoon speaker's vote, a number of Republicans tiring of the spectacle temporarily walked out when one of McCarthy's most ardent challengers, Gaetz, railed against the GOP leader.
Contours of a deal with conservative holdouts who had been blocking McCarthy's rise had emerged the night before, and took hold after four dismal days and 14 failed votes in an intraparty standoff unseen in modern times.
One significant former holdout — Republican Scott Perry, chairman of the conservative Freedom Caucus, who had been a leader of Trump's efforts to challenge the 2020 election — tweeted after his switched vote for McCarthy, “We're at a turning point.”
Another Republican holdout, Byron Donalds of Florida, who was repeatedly nominated as an alternative candidate for speaker, switched Friday too, voting for McCarthy.
Trump may have played a role in swaying some holdouts — calling into a meeting of Republican freshmen the night before, and calling other members ahead of voting. He had urged Republicans to wrap up their public dispute.
Read more: McCarthy fails on 14th ballot for speaker, tensions boil
As Republican Mike Garcia nominated McCarthy on Friday, he also thanked the U.S. Capitol Police who were given a standing ovation for protecting lawmakers and the legislative seat of democracy on Jan. 6.
But in nominating the Democratic leader Jeffries, Democrat Jim Clyburn recalled the horror of that day and told his colleagues, “The eyes of the country are on us today.”
Electing a speaker is normally an easy, joyous task for a party that has just won majority control. But not this time: About 200 Republicans were stymied by 20 far-right colleagues who said McCarthy was not conservative enough.
The House adjourned Friday until late in the night, giving time for last-minute negotiations and allowing two absent Republican colleagues to return to Washington.
Newly elected Wesley Hunt of Texas arrived to vote for McCarthy — to applause, days after his wife had given birth — as did Ken Buck of Colorado.
The disorganized start to the new Congress pointed to difficulties ahead with Republicans now in control of the House, much the way that some past Republican speakers, including John Boehner, had trouble leading a rebellious right flank. The result: government shutdowns, standoffs and Boehner’s early retirement when conservatives threatened to oust him.
The agreement McCarthy presented to the holdouts from the Freedom Caucus and others centers around rules changes they have been seeking for months. Those changes would shrink the power of the speaker’s office and give rank-and-file lawmakers more influence in drafting and passing legislation.
At the core of the emerging deal was the reinstatement of a House rule that would allow a single lawmaker to make a motion to “vacate the chair,” essentially calling a vote to oust the speaker. McCarthy had resisted allowing a return to the longstanding rule that former Speaker Nancy Pelosi had done away with, because it had been held over the head of Boehner. But it appears McCarthy had no other choice.
Other wins for the holdouts are more obscure and include provisions in the proposed deal to expand the number of seats available on the House Rules Committee; to mandate 72 hours for bills to be posted before votes; and to promise to try for a constitutional amendment that would impose federal limits on the number of terms a person could serve in the House and Senate.
Before Friday's ballots, Democratic leader Jeffries of New York had won the most votes on every ballot but also remained short of a majority. McCarthy had run second, gaining no ground.
The longest fight for the gavel started in late 1855 and dragged on for two months, with 133 ballots, during debates over slavery in the run-up to the Civil War.
McCarthy fails on 14th ballot for speaker, tensions boil
Republican Kevin McCarthy failed to win the House speakership on a 14th ballot late Friday, falling one vote short as tensions boiled over in a chaotic scene on the House floor.
Even after two key Republican holdouts voted present to lower the tally he would need, it was not enough. McCarthy strode to the back of the chamber to confront Matt Gaetz, sitting with Lauren Boebert and other holdouts. Fingers were pointed, words exchanged, one lawmaker was restrained as colleagues stared in disbelief.
“Stay civil!” someone shouted.
Still, McCarthy was on the cusp of becoming House speaker as the chamber convened for a fourth historic day after he made extraordinary gains in a grueling standoff that has tested American democracy and the GOP majority’s ability to govern.
Before the vote, McCarthy had flipped 15 conservative holdouts to become supporters, including the chairman of the chamber's Freedom Caucus, leaving him just a few shy of seizing the gavel for the new Congress.
The House gaveled in late in the night, giving time for last-minute negotiations and for absent Republican colleagues time to return to Washington if their votes were needed. But the chamber drew tense and still as the roll call fell short.
McCarthy had declared to reporters earlier in the day that he believed “we’ll have the votes to finish this once and for all.”
The day's stunning turn of events came after McCarthy agreed to many of the detractors' demands -- including the reinstatement of a longstanding House rule that would allow any single member to call a vote to oust him from office.
Even if McCarthy is able to secure the votes he needs, he will emerge as a weakened speaker, having given away some powers and constantly under the threat of being booted by his detractors.
But he could also be emboldened as a survivor of one of the more brutal fights for the gavel in U.S. history. Not since the Civil War era has a speaker's vote dragged through so many rounds of voting.
The showdown that has stymied the new Congress came against the backdrop of the second anniversary of the Jan. 6, 2021, attack on the Capitol, which shook the country when a mob of then-President Donald Trump’s supporters tried to stop Congress from certifying the Republican’s 2020 election defeat to Democrat Joe Biden.
At a Capitol event on Friday, some lawmakers, mostly Democrats, observed a moment of silence and praised officers who helped protect Congress on that day. And at the White House, Biden handed out medals to officers and others who fought the attackers.
“America is a land of laws, not chaos,” he said.
Read more: GOP's McCarthy voted down time after time for House speaker
At the afternoon speaker's vote, a number of Republicans tiring of the spectacle temporarily walked out when one of McCarthy's most ardent challengers railed against the GOP leader.
Contours of a deal with conservative holdouts who have been blocking McCarthy's rise emerged after three dismal days and 11 failed votes in an intraparty standoff unseen in modern times.
And an upbeat McCarthy told reporters as he arrived at the Capitol, “We’re going to make progress. We’re going to shock you.”
One significant former holdout, Republican Scott Perry, chairman of the conservative Freedom Caucus who had been a leader of Trump's efforts to challenge the 2020 election, tweeted after his switched vote for McCarthy: “We're at a turning point.”
Another Republican holdout, Byron Donalds of Florida, who was repeatedly nominated as an alternative candidate for speaker, switched on Friday, too, voting for McCarthy.
Trump may have played a role in swaying the holdouts. Donalds said he had spoken to the former president who had been urging Republicans to wrap up their public dispute the day before.
On the 12th ballot, McCarthy won the most votes for the first time 213. A 13th was swiftly launched, this time, just between McCarthy and the Democratic leader, and he picked up one more detractor, to 214.
With 432 members now voting — including the dramatic return of Democrat David Trone who had been out for surgery — McCarthy still fell short of the majority. Six Republicans cast their ballots for a Republican colleague. McCarthy allies were counting on the return of two absent colleagues to push him even closer to the majority in nighttime voting.
As Rep. Mike Garcia nominated McCarthy for Friday, he also thanked the U.S. Capitol Police who were given a standing ovation for protecting lawmakers and the legislative seat of democracy on Jan. 6.
But in nominating the Democratic leader Hakeem Jeffries, Democrat Jim Clyburn recalled the horror of that day and told his colleagues: “The eyes of the country are on us today,” he said.
Without a speaker, the chamber is unable swear in members and begin its 2023-24 session, a sign of the difficulty ahead for the new Republican majority as it tries to govern.
Electing a speaker is normally an easy, joyous task for a party that has just won majority control. But not this time: About 200 Republicans have been stymied by 20 far-right colleagues who said he’s not conservative enough.
The disorganized start to the new Congress pointed to difficulties ahead with Republicans now in control of the House, much the way that some past Republican speakers, including John Boehner, had trouble leading a rebellious right flank. The result: government shutdowns, standoffs and Boehner’s early retirement when conservatives threatened to oust him.
The agreement McCarthy presented to the holdouts from the Freedom Caucus and others centers around rules changes they have been seeking for months. Those changes would shrink the power of the speaker’s office and give rank-and-file lawmakers more influence in drafting and passing legislation.
At the core of the emerging deal is the reinstatement of a House rule that would allow a single lawmaker to make a motion to “vacate the chair,” essentially calling a vote to oust the speaker. McCarthy had resisted allowing a return to the longstanding rule that former Speaker Nancy Pelosi had done away with, because it had been held over the head of past Republican Speaker Boehner. But it appears McCarthy had no other choice.
Other wins for the holdouts are more obscure and include provisions in the proposed deal to expand the number of seats available on the House Rules Committee, to mandate 72 hours for bills to be posted before votes and to promise to try for a constitutional amendment that would impose federal limits on the number of terms a person could serve in the House and Senate.
What started as a political novelty, the first time since 1923 a nominee had not won the gavel on the first vote, has devolved into a bitter Republican Party feud and deepening potential crisis.
Read more: Houses of Speaker, Dy Speaker on Parliament premises are legal: SC
Before Friday's ballots, Democratic leader Jeffries of New York had won the most votes on every ballot but also remained short of a majority. McCarthy ran second, gaining no ground.
Pressure has grown with each passing day for McCarthy to somehow find the votes he needs or step aside. Congress cannot fully function, the incoming Republican chairmen of the House's Foreign Affairs, Armed Services and Intelligence committees all said national security was at risk, staff risk not getting paychecks.
The longest fight for the gavel started in late 1855 and dragged on for two months, with 133 ballots, during debates over slavery in the run-up to the Civil War.
Biden agenda, lithium mine, tribes, greens collide in Nevada
Opponents of the largest lithium mine planned in the U.S. urged a federal judge in Nevada on Thursday to vacate the U.S. government's approval of the project until it completes additional environmental reviews and complies with all state and federal laws.
U.S. District Judge Miranda Du said after a three-hour hearing in Reno that she hoped to make a decision “in the next couple months” on how to proceed in the nearly two-year-old legal battle over the Bureau of Land Management's approval of the mine Lithium Nevada Corp. plans near the Nevada-Oregon line.
Lawyers for the company and the Bureau of Land Management insisted the project complies with U.S. laws and regulations. But they said that if Du determines it does not, she should stop short of vacating the agency's approval and allow initial work at the site to begin as further reviews are initiated.
Lawyers for a Nevada rancher, conservation groups and Native American tribes suing to block the mine said that should not occur because any environmental damage would be irreversible.
Dozens of tribe members and other protesters rallied outside the downtown courthouse during the hearing, beating drums and waving signs at passing motorists.
Du has refused twice over the past year to grant temporary injunctions sought by tribal leaders who say the mine site is on sacred land where their ancestors were massacred by the U.S. Cavalry in 1865.
Read more: Biden intends to make his first visit to US-Mexico border
Lithium Nevada and the Bureau of Land Management say the project atop an ancient volcano is critical to meeting the growing demand for lithium to make electric vehicle batteries — a key part of President Joe Biden’s push to expedite a transition from fossil fuels to renewable energy through a reduction in greenhouse gas emissions.
“It is the largest known lithium deposit of its kind,” Laura Granier, a lawyer representing the company, told Du Thursday. “Our nation and the world will suffer if this project is delayed further.”
Opponents say it will destroy dwindling habitat for sage grouse, Lahontan cutthroat trout, pronghorn antelope and golden eagles, pollute the air and create a plume of toxic water beneath the open-pit mine deeper than the length of a football field.
“We need a smart energy future that transitions our economy from fossil fuels to renewables without sacrificing rare species in the process,” said Greta Anderson, deputy director of the Western Watersheds Project, which also petitioned in September for protection of a tiny nearby snail under the Endangered Species Act.
The Bureau of Land Management fast-tracked the project’s approval during the final days of the Trump administration. The Biden administration continues to embrace it as part of the president’s clean energy agenda.
Demand for lithium is expected to triple by 2030 from 2020. Lithium Nevada says its project is the only one on the drawing board that can help meet the demand.
Will Falk, a lawyer for the Reno-Sparks Indian Colony, said that “in this rush for lithium in Nevada, the BLM went way too fast in permitting this mine.”
Roger Flynn, a lawyer for the Western Mining Action Project representing several environmental groups, said the agency wants the project to move forward even though it botched the environmental reviews it was determined to complete before ex-President Donald Trump left office.
“Meanwhile, there will be this immediate, permanent massive environmental damage,” Flynn said.
Read more: Biden signs gay marriage law, calls it ‘a blow against hate’
Thursday's hearing marked the first on the actual merits of the lawsuit filed in February 2021. It will set the legal landscape going forward after the 9th U.S. Circuit Court of Appeals upheld a ruling in Arizona that voided federal approval of a copper mine.
That potentially precedent-setting decision raises questions about the reach of the Mining Law of 1872 and could have a bearing on disposal of waste rock at the lithium mine in the high desert about 200 miles (321 kilometers) northeast of Reno.
In addition to the cultural and environmental concerns about the potential effects, the new 9th Circuit ruling halting the Arizona mine in July was a focus of Thursday's hearing. Du told lawyers on both sides she was interested in "the extent to which (that case) controls the outcome of this case.”
The San Francisco-based appellate court upheld the Arizona ruling that the Forest Service lacked authority to approve Rosemont Copper's plans to dispose of waste rock on land adjacent to the mine it wanted to dig on a national forest southeast of Tucson.
The service and the Bureau of Land Management long have interpreted the Mining Law of 1872 to convey the same mineral rights to such lands.
The 9th Circuit agreed with U.S. Judge James Soto, who determined the Forest Service approved Rosemont's plans in 2019 without considering whether the company had any mining rights on the neighboring lands. He concluded the agency assumed under mining law that Rosemont had “valid mining claims on the 2,447 acres it proposed to occupy with its waste rock.”
Leilani Doktor, a Justice Department lawyer for the Bureau of Land Management, said the Forest Service and the BLM are under “different regulatory schemes.”
“Each step of the way, BLM followed its own regulations,” she said.
'Bomb cyclone' brings damaging winds, drenches California
Hurricane-force winds, surging surf and heavy rains from a powerful “atmospheric river” pounded California on Thursday, knocking out power to tens of thousands, causing flooding, and contributing to the deaths of at least two people, including a toddler whose home was crushed by a falling tree.
Raging seas damaged two historic piers, rock and mudslides closed down highways, and deep snow piled up at ski resorts in the latest in a series of atmospheric rivers — long plumes of moisture stretching far over the Pacific — to reach the drought-stricken state. The “Pineapple Express” storm originated near Hawaii and was pulled toward the West Coast by a rotating area of rapidly falling air pressure known as a “bomb cyclone.”
Even as rains were expected to let up and some evacuation orders lifted Thursday, crews were assessing damage, trying to restore power and beginning the cleanup while bracing for more wet and wild weather this weekend that could be particularly troublesome for communities along swollen rivers.
The blustery tempest that came ashore Wednesday knocked out power to more than 180,000 homes and businesses, according to poweroutage.us.
In Sonoma County, Aeon Tocchini, a 2-year-old boy, was killed when a redwood tree crumpled a section of his family's mobile home where he had been sitting on a sofa, authorities said. His father and neighbors freed the boy — nicknamed “Goldie” because of his light hair and sunny personality — but he couldn't be revived.
“He was the happiest child, always smiling and encouraging people,” his teary-eyed grandmother Aileen Tocchini said outside the damaged Occidental home where a red tricycle and yellow dump truck were buried under broken branches. "He was a love, an angel.”
Read more: Western NY death toll rises to 28 from cold, storm chaos
In Fairfield, a 19-year-old woman died after her vehicle hydroplaned on a flooded road and hit a utility pole, police said on Facebook.
The seaside village of Capitola in Santa Cruz County about 60 miles (100 kilometers) south of San Francisco suffered possibly the worst damage as waves that were forecast to top 25 feet (7.6 meters) crashed into homes and restaurants at the mouth of Soquel Creek and knocked out a section of its historic wooden pier.
Surf shattered the windows at Zelda’s on the Beach, tossing furniture around inside the eatery. The Wharf House restaurant, at the end of the Capitola Wharf, was cut off from the mainland after a midspan of the wooden structure collapsed.
Wharf House owner Willie Case said he had a “great degree of sadness” as he looked at the damage from a cliff above the village and lamented this his employees would be out of work until the pier is repaired. He noted that in 1982, the former restaurant at that site fell into the sea. He anticipates more damage as new storms roll in.
“I don’t think the party’s over yet,” he said.
Hurricane-strength gusts as high as 101 mph (162 kph) toppled trees onto buildings and roads, knocked out power lines and blew down the roof on a gas station in South San Francisco.
National Weather Service meteorologist Warren Blier said the wind speed recorded on a Marin County hilltop was among the highest he could recall in a 25-year career.
A large eucalyptus tree in Oakland crashed through the roof of Victoria James' apartment as she was preparing for dinner Wednesday. She and her children ran into the hallway, initially thinking it was an earthquake, and braced for an aftershock.
As water began pouring into their home, the family fled with only clothes on their backs – some of the children without shoes.
“There’s big holes in the ceiling. In my bedroom, the living room and the kitchen for sure,” she said from her car. “Everything’s damaged.”
A California Highway Patrol officer responding to a crash in San Jose was struck and injured by a tree on Highway 17, Officer Ross Lee said. The officer was expected to survive.
In Southern California, a helicopter crew plucked a man clinging to bamboo branches from an island in the Ventura River, Ventura County Fire Department spokesperson Andy VanSciver said.
Read more: Millions in US hunker down from frigid, deadly monster storm
The blustery winds and incessant rain were especially taxing for the homeless population in California, where 100,000 people live on the streets.
Glenn Scott, 59, who has arthritis in both knees and feet and needs a cane to walk, sought refuge on a bench outside the main San Francisco public library with a small group of other homeless people.
“I just have to do whatever I’ve gotta do and go wherever I can to get peace of mind,” Scott said.
California Gov. Gavin Newsom declared a state of emergency to allow for a quick response and to aid in cleanup from another powerful storm that hit just days earlier.
In the coastal community of Aptos, about dozen people were stuck at their homes because flooding, downed trees and debris blocked the road out, said Paul Karz, an employee at Seacliff State Beach. Violent waters had tossed picnic tables against a cliff, wiped out much of the beach boardwalk, damaged its wooden wharf and left only a “skeleton” of its sea wall.
Sonoma County authorities issued an evacuation warning for a string of towns along the Russian River, where greater flooding was expected by Sunday.
Sections of Highway 101 in Northern California were closed due to downed trees, while rockfall had shuttered several sections of the coastal Highway 1, including in the scenic Big Sur area.
As much as 2 feet (61 centimeters) of snow fell on Mammoth Mountain over 24 hours and more was expected, delivering another bonus to Sierra Nevada ski areas.
The storm came days after a New Year’s Eve downpour led to evacuations in Northern California, where at least four people died in flooding.
Atmospheric rivers, named by researchers in the 1990s, occur globally but are especially significant on the U.S. West Coast, where they create 30% to 50% of annual precipitation, according to the National Oceanic and Atmospheric Administration.
The storms won’t be enough to officially end the state’s ongoing drought, now entering its fourth year, but they have helped. Not including the latest deluge, recent storms moved parts of the state out of the “exceptional drought” category in the U.S. Drought Monitor. Most of the state, though, remains in the extreme or severe drought categories.
Violence hits Mexico cartel stronghold as 'Chapo' son nabbed
The sun wasn’t yet up in Culiacan when David Téllez and his family began making their way to the city’s airport for a return flight to Mexico after their vacation. But not long after they set out they encountered the first crude roadblock, an abandoned vehicle obstructing their way.
Téllez turned to social media to find out what was going on and saw that Sinaloa’s state capital, a stronghold of the cartel by the same name, was filled with roadblocks and gunfire.
It would be hours before Mexico’s defense secretary would confirm that the military had captured Ovidio Guzmán, a son of the notorious former Sinaloa cartel boss Joaquín “El Chapo” Guzmán, in a pre-dawn operation north of the city.
Just like that, Culiacan was thrust into a day of terror unlike any its residents had experienced since October 2019 — the last time authorities tried to capture the young Guzmán.
Mexican President Andrés Manuel López Obrador has railed against his predecessors’ aggressive efforts to capture drug lords, but his administration bagged the high-profile cartel figure just days before hosting U.S. President Joe Biden, and at least in the short term locals were paying the price.
Culiacan residents posted video on social media showing convoys of gunmen in pickup trucks and SUVs rolling down boulevards in the city. At least one convoy included a flatbed truck with a mounted gun in the back, the same kind of vehicle that caused chaos and mayhem in the 2019 unrest.
All entrances to the city were blocked and similar acts were playing out in other parts of Sinaloa.
Rev. Esteban Robles, spokesman for the Roman Catholic diocese in Culiacan, said that “there is an atmosphere of uncertainty, tension,” and that those who could were staying inside their homes.
“A lot of the streets are still blocked by the cars that were burned,” Robles said.
The Culiacan municipal government warned: “Don’t leave home! The safety of Culiacan’s citizens is the most important.” Schools, local government and many private businesses closed.
Oscar Loza, a human rights activist in Culiacan, described the situation as tense, with some looting at stores. On the south side of the city, where Loza lives, people reported convoys of gunmen moving toward a military base, but Loza said streets around his house were eerily quiet. “You don’t hear any traffic,” he said.
Read more: Biden intends to make his first visit to US-Mexico border
Téllez pressed on trying to get his family back to Mexico City, circumventing several more abandoned vehicles blocking roads and eventually making it to the airport.
There the family hurriedly checked in for their flight before employees of an airport restaurant urged them to shelter in a bathroom. Gunmen were arriving at the airport to prevent authorities from flying Guzmán out.
Juan Carlos Ayala, a Culiacan resident and Sinaloa University professor who studies the sociology of drug trafficking, said Ovidio Guzmán was an obvious target at least since 2019.
“Ovidio’s fate had been decided. Moreover, he was identified as the biggest trafficker of fentanyl and the most visible Chapos leader.” Asked how locals were reacting to the arrest, Ayala said “People have differing views, but I think the majority are with them" — the Sinaloa cartel.
That may be because of the money the cartel brings to the region, but also because locals know that even after federal troops withdraw, the cartel will still be there. As bad as it is, the cartel has ensured relative stability, if not peace.
Guzmán was indicted by the United States on drug trafficking charges in 2018. According to both governments, he had assumed a growing role among his brothers in carrying on their father's business, along with long- time cartel boss Ismael “El Mayo” Zambada.
Foreign Affairs Secretary Marcelo Ebrard confirmed that the government had received a request in 2019 from the United States for Guzmán’s arrest for purposes of extradition. He said that request would have to be updated and processed, but he added that first an open case in Mexico awaits Guzmán.
Read more: Mexico’s Supreme Court elects 1st female chief justice
Ismael Bojorquez, director of the local news outlet Riodoce, which specializes in coverage of the area’s drug trafficking, said the violent reaction had to do with the president’s less aggressive stance toward organized crime.
“They (cartels) have taken advantage of these four years to organize themselves, arm themselves, strengthen their structures, their finances,” he said. “I believe there are more weapons than three years ago. All of organized crime’s armies have strengthened, not just the Chapitos, and this is the price that society is paying for this strategy of the federal government.”
At Culiacan’s airport, a Mexican military flight was able to spirit Guzmán away to Mexico City. Téllez’s commercial flight waited for its chance to take off as two large military planes landed with troops as did three or four military helicopters, and marines and soldiers began deploying along the perimeter of the runway.
When the airline flight was finally preparing to accelerate, Téllez heard gunshots in the distance. Within 15 seconds the sound was suddenly more intense and much closer, and passengers threw themselves to the floor, he said.
He did not know the plane had been hit by gunfire until a flight attendant told them. No one was injured, but the plane hastily retreated to the terminal.
Samuel González, who founded Mexico’s special prosecutor’s office for organized crime in the 1990s, said Guzmán’s capture was a “gift” ahead of Biden’s visit. The Mexican government “is working to have a calm visit,” he said.
He called the shots that hit the commercial airliner “without a doubt an act of international terrorism” and suggested it could lead to very serious discussions between the two governments about the implications of these actions.
By evening, Téllez remained in the terminal. The government had shut down the airport, as well as airports in Los Mochis and Mazatlan for security reasons.
Asked if the attempt to capture Guzmán was worth another day of tension and uncertainty in Culiacan, Téllez said, “If they caught him, it was worth it.”
8 dead in Utah murder-suicide after wife sought divorce
A Utah man fatally shot his five children, his mother-in-law and his wife and then killed himself two weeks after the woman had filed for divorce, according to authorities and public records.
Police also revealed during a Thursday news conference that officers investigated the 42-year-old man and his family a “couple of years prior,” suggesting possible earlier problems inside the household. Enoch Police Chief Jackson Ames did not elaborate.
Investigators were aware of the divorce petition but didn’t know if it was the motivation behind the killings, Mayor Geoffrey Chesnut said.
City Manager Rob Dotson said people are “feeling loss, they’re feeling pain and they have a lot of questions.”
Community members gathered Thursday evening to mourn and sing hymns in a private vigil at a church up the street from the home where the victims were found the previous day.
Officials said they believe Michael Haight killed his wife, 40-year-old Tausha Haight; his mother-in-law; and the couple’s five children. Each appeared to have gunshot wounds.
The three girls and two boys ranged in age from 4 to 17 and included 7-year-old twins, authorities said. Tausha Haight’s mother, 78-year-old Gail Earl, was said to have been staying with the family to help during a difficult time.
Court records show that Tausha Haight filed for divorce Dec. 21. Her lawyer said Thursday that Haight had been served with the papers Dec. 27. The reasons for the divorce were unknown, in part because Utah law keeps details of divorce proceedings sealed from the public.
Tausha Haight and other members of the family were seen the night before the killings at a church group for young women, Chesnut said. Police were dispatched to the family’s home Wednesday afternoon for a welfare check after someone reported that she had missed an appointment earlier in the week, city officials said.
Family mass killings have become a disturbingly common tragedy across the country. In 2022 there were 17 of them, according to a database compiled by USA Today, The Associated Press and Northeastern University. Ten were murder-suicides, and 14 were shootings. The database defines a mass killing as four or more people slain, not including the assailant.
James Park, who represented Tausha Haight in the divorce case, said she had not expressed any fear that her husband would physically hurt her. Park declined to elaborate, citing the investigation into the killings. He said he met with Tausha Haight only twice, mostly recently on Tuesday, and she “was an incredibly nice lady.”
The White House said in a statement that President Joe Biden and first lady Jill Biden were mourning with the Enoch community. It called for further steps to reduce gun violence, now the leading cause of death for children in the U.S.
The home where the victims were found was decorated with Christmas lights and located in a neighborhood of newly built single-family houses on a ridge overlooking Enoch. It has a view of houses with snow-covered roofs and mountains in the distance. Half the surrounding block was cordoned off by police tape.
The Cedar City area, historically agricultural, is being transformed by new subdivisions. Cattle and sheep line the highway at the edge of town, along with signs that advertise “Custom New Homes” and recreation in southern Utah’s famous national parks.
Sharon Huntsman of Cedar City came to the neighborhood with a bouquet of white flowers Thursday morning. She said the deaths had deeply rattled Iron County and cried as she propped up the bouquet in the snow at a makeshift memorial where neighbors left stuffed animals and flowers.
“It’s just one big community,” she said. “We all have one heavenly father.”
Archives from a local newspaper capture moments in Michael Haight’s life beginning with a picture of him laughing as a baby in an announcement marking his first birthday. He was in the Boy Scouts and went on a church mission in Brazil.
In 2003, Haight married Tausha Earl at a church temple. She was from Overton, Nevada, about two hours south of Cedar City, where he grew up. As an adult, Haight worked as an insurance agent.
Tausha Haight’s Facebook page showed pictures of the family looking happy in picturesque settings of Utah, and in front of a large statue of Jesus.
Jennie Earl, who is Tausha’s sister-in-law and a member of the Utah State Board of Education, posted a photo on Facebook of Tausha and her children and wrote about the “stiff competition” to be their favorite aunt.
“I pray that Christ’s love will mend our broken hearts and fill us with forgiveness and peace,” Earl wrote. She declined to comment when reached by The Associated Press.
Community members who gathered at Enoch City Hall to listen to Thursday’s news conference said it was wrenching to have to tell their own children that their peers may not be at school the next day.
“We told them last night,” said city councilman Richard Jensen, a father of eight. “We gathered them around for a family prayer type of thing. We told them a family in town, everyone had been killed and when they show up to school tomorrow it’s possible kids will be missing.“
The killings rocked the small town of Enoch in southern Utah about halfway between Salt Lake City and Las Vegas. It’s in one of the fastest-growing areas of the country, and communities of new homes on big lots are made up primarily of large families that belong, like most in Utah, to The Church of Jesus Christ of Latter-day Saints, known widely as the Mormon church. Many residents work and do business in nearby Cedar City, a city of about 35,000 that serves as a commercial hub for Enoch, which doesn’t have its own downtown.
The deceased were members of the faith and well known in town. Many residents served in church alongside members of the slain family or went to school with the children, city officials said.
“This is a tremendous blow to many families who have spent many nights with these individuals who are now gone,” Chesnut said.
Wall Street braces for earnings to get hit by inflation
Wall Street expects companies to face a reckoning with the realities of hot inflation, a slowing economy and rising interest rates in the latest round of earnings results.
Analysts are forecasting an earnings contraction of about 3.5% for the fourth quarter, according to FactSet. That estimate, as of the end of last year, is an about-face from forecasts back in September of 3.5% growth and a sharp reversal from 8.5% growth forecasts in June.
The dismal forecast for the fourth quarter follows is part of a trend of shrinking earnings growth throughout 2022 as inflation tightened its grip on consumers. Spending remained strong in many retail areas and companies raised prices on everything from food to clothing to offset the impact of higher raw material costs and inflation in general. Many companies went further than just maintaining profits and increased their profit margins.
Corporate profits, though, aren’t likely going to continue bucking an economy that showed clear signs of damage during the fourth quarter, particularly with consumers increasingly cutting back on spending. Many analysts have been forecasting that the economy will slip into some level of recession in 2023 and company profits are starting to reflect that. The Federal Reserve’s aggressive fight against inflation carries the risk of slowing the economy too much.
Read more: Wall Street points lower after two days of gains
Morgan Stanley, in a December report, warned investors to brace for a rough round of corporate earnings in the coming month and into the rest of 2023.
“The fixation on inflation and the Fed continues, but markets appear to have moved past it and onto the real concern— earnings growth/recession,” the report said. “Rates and inflation may have peaked but we see that as a warning sign for profitability, a reality we believe is still underappreciated but can no longer be ignored.”
Analysts expect communications companies and technology firms to be among the biggest losers during the fourth quarter. Lower demand has been cutting into technology product sales and that has in turn led to warnings from chipmakers and other companies. Computer maker HP and chipmaker Micron have both announced job cuts as a part of their plans to deal with weaker demand. Analysts are forecasting a slight earnings contraction for both companies.
The weakening economy has cut into advertising budgets, which have raised concerns for companies including Facebook and Google. Retailers and other companies that rely on discretionary spending are also expected to get hit hard in the fourth quarter.
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Analyst expect energy companies to keep powering past other sectors as the big earnings winners during the fourth quarter. The sector has outperformed all others in 2022 amid higher oil and natural gas prices.