Appeals court lets same-sex weddings go ahead in Utah

  Jim Urquhart/ReutersJax Collins and Heather Collins were married Monday at the Salt Lake County Government Building after a federal judge Robert Shelby upheld his own order making same-sex marriage legal in Utah.By M. Alex Johnson, Staff Writer, NBC NewsUtah officials were busy Tuesday night planning an emergency appeal to the U.S. Supreme Court after a federal appeals court denied their request to stop same-sex marriages while they try to overturn a judge's ruling legalizing them.In a two-page order (.pdf) entered late Tuesday in Denver, two judges on the 10th U.S. Circuit Court of Appeals declined to grant Gov. Gary Herbert's request for a stay halting the marriages while Utah pursues its appeal. Herbert's office didn't return a call for comment, but the state attorney general's office — which filed the motion on his behalf — said it would seek an emergency stay with the Supreme Court as early as Thursday. That motion would be heard by Justice Sonia Sotomayor, who has jurisdiction over the 10th Circuit.Herbert asked for a stay Monday after U.S. District Judge Robert J. Shelby upheld his own ruling that Utah's ban on same-sex marriages is unconstitutional.The appeals judges, Robert E. Bacharach and Jerome A. Holmes, fast-tracked Utah's appeal, but they said they wouldn't stop the marriages in the meantime, writing that the state would have a tough time proving that letting the marriages go ahead would cause "irreparable harm" or that it had a good shot at winning its appeal.Bacharach was appointed to the court by President Barack Obama; Holmes was appointed by President George W. Bush. While it prepares its Supreme Court motion,  the attorney general's office issued an advisory opinion telling county clerks that they could be held in contempt of court if they refused to issue marriage licenses. And Herbert's chief of staff sent a message telling state agencies that "where no conflicting laws exist you should conduct business in compliance with the federal judge's ruling until such time that the current district court decision is addressed by the 10th Circuit Court."The state Workforce Services Department said it would recognize the marriages as establishing eligibility for food stamps and other benefits.Hundreds of same-sex couples raced to county clerks' offices to get wedding licenses after Shelby's ruling Monday. Salt Lake County alone issued 353 licenses Monday, NBC station KSL of Salt Lake City reported — 4½ times its previous single-day record for marriage licenses.The Rev. Curtis Price was waiting in the lobby of the Salt Lake County Government Building to marry Shauna Griffen and Brooke Shepherd, who'd spent the night waiting in line wearing matching shirts proclaiming "Love conquers hate.""It was a long night. We were worried," Griffen told KSL. "I had faith in Salt Lake County — they came through."Watch the top videos on NBCNews.comThis story was originally published on Tue Dec 24, 2013 7:44 PM EST

Pope Francis delivers his first Christmas homily

  Gregorio Borgia / APPope Francis kisses a statue of baby Jesus as he celebrates the Christmas Eve Mass in St. Peter's Basilica at the Vatican, on Dec. 24.By Elisha Fieldstadt, NBC NewsThe faithful flocked to St. Peter's Basilica for Pope Francis' first Christmas Eve midnight Mass, in which the pontiff once again preached the importance of acceptance and humility, qualities he has demonstrated continually in his first nine months as head of the Catholic Church."The people who walked in darkness have seen a great light," Francis began, quoting from Isaiah, a book of the Bible that includes prophesies foretelling the birth of Jesus.Pope Francis offered a traditional lesson of light and love during his first Christmas Eve midnight Mass in St. Peter's Basilica in the Vatican. NBC's Martin Fletcher reports.Jesus brought light and grace to the world, and that grace "made salvation possible for the whole human race," Francis said, choosing to highlight a scripture from the biblical book of Titus.While Jesus embodied light and love, Francis said, those who hate walk in "darkness.""If we love God and our brothers and sisters, we walk in the light; but if our heart is closed, if we are dominated by pride, deceit, self-seeking, then darkness falls within us and around us," the pontiff said.Francis, who celebrated the Mass with more than 300 cardinals, bishops and priests, urged people not to be afraid to reach out to God - echoing the words of the biblical angel delivering news of Jesus' birth."Do not be afraid! Our Father is patient, he loves us, he gives us Jesus to guide us on the way which leads to the promised land. Jesus is the light who brightens the darkness. He is our peace," he said. Francis has sought to change the image of the Catholic Church as a judgmental, lavish, inflexible institution since his election in March.Of gay priests, he has asked, "who am I to judge?" He has washed the feet of prisoners, refused to move into the papal palace and celebrated his recent birthday breakfast with three homeless men. On Monday, he made a Christmas visit to Pope Emeritus Benedict and asked him to pray for him.  "(He) is bringing a new era into the Church, a Church that is focusing much more on the poor and that is more austere, more lively, a Church that cares about everyone in the world," said Dolores Di Benedetto, who travelled from the pope's homeland, Argentina to hear him speak.“I thought it would be very nice to hear the words of this pope close up and to see how the people are overwhelmed by him," said Giacchino Sabello, one of more than 10,000 people who packed St. Peter's Basilica or stood outside watching the ceremony on mega-screens.In Christmas Eve's Mass, Francis reiterated the importance of reaching out to the downtrodden, using the shepherds who were the first to hear of Jesus' birth as an example. "They were the first because they were among the last, the outcast," he said."We bless you, Lord God most high, who lowered yourself for our sake. You are immense, and you made yourself small; you are rich and you made yourself poor; you are all-powerful and you made yourself vulnerable," said Francis in thanks to God and also a clear indication of the humility he encourages his flock to emulate. Ettore Ferrari / EPAPope Francis leads the midnight Christmas Mass in St. Peter's Basilica at the Vatican late on Dec. 24.In his address to Vatican administrators on Saturday, Francis said holiness was a practice of "deep humility and fraternal charity in our relationships with our fellow workers," as he urged the cardinals, bishops and priests to avoid gossip.Before the Mass, Francis further inspired meekness, when he personally placed a baby Jesus doll in a replica of a manger, a custom usually performed by an aid.The 2 1/2-hour Mass was the first of many services Francis will lead during the holidays. On Christmas Day, he will deliver a "Urbi et Orbi" (to the city and the world) message from the basilica's balcony overlooking St. Peter's Square.He will also hold mass on New Year’s Eve and New Year’s Day and another on Jan. 6, for the feast of the Epiphany or “Three Kings’ Day,” celebrating the Magi’s visit to the baby Jesus.Reuters contributed to this report.Related:

'What an amazing present': Boston Marathon survivor makes bid to walk

  Courtesy of Rebekah GregoryRebekah Gregory, 26, has had 14 surgeries in a bid to save the leg, though she has faced constant pain and the prospect of amputation many times. By Miranda Leitsinger, Staff Writer, NBC NewsEight months after twin bombings at the Boston Marathon nearly took one survivor’s left leg, she can finally put two feet on the ground.Rebekah Gregory, 26, has had 14 surgeries in a bid to save the leg, though she has faced constant pain and the prospect of amputation many times. She started physical therapy in the summer but had to stop when her doctors determined she would need to wear a device to get her foot into the right position if she hoped to ever walk on it again. That came off at Thanksgiving, when they replaced it with a cast. And on Monday, Gregory graduated to a walking boot.“To put two feet on the ground again was the most amazing feeling,” Gregory told NBC News Tuesday from her parents’ home in Richmond, Texas. “And just right before Christmas, too. It’s like, what an amazing present this year.”But Gregory still has a long way to go, a reminder she got the first moment she put her foot down in the boot.“It was awful. It was the worst pain all over again,” she said. “Putting it on the ground doesn’t feel right and it feels like it’s just crushing what bones I have left.”“It was the hardest thing to do to try to stand up and put weight on my leg,” she said.Gregory suffered multiple serious injuries in the April 15 attack on the iconic Boston road race that killed three people and wounded 275 others: she lost a lot of soft tissue in a series of what she calls “craters” going down her leg to her foot, and she endured multiple fractures to her foot as well as the loss of part of her fourth and fifth metatarsals. Doctors had to rebuild her ankle and she was treated for months for a painful bone infection.Her case was rare even among the more seriously wounded: while amputees moved ahead with prosthesis training and others recovered in rehabilitation, she was stuck many steps behind since salvaging such a severely-wounded leg is a slow process. She is believed to have been the last patient connected to the bombings released from the hospital when she was discharged on June 10 -- after 56 days in medical centers in Boston and Houston.How much use she will have of her leg and foot won’t be clear for another six months to a year, said one of her physicians, Dr. William McGarvey, an orthopedic surgeon at Memorial Hermann-Texas Medical Center. There are still many unanswered questions, including how much stability, neurological function and muscle use she will have.“I gave her the boot yesterday and gave her the green light to be able to get up, just try and put some weight on it,” he said. “The entire leg is structurally different and functionally, certainly, just from not using it. … The first few weeks are just basically getting used to her foot as it is.”But this phase was a “huge milestone” in her recovery and amputation was less likely as she moves forward, said McGarvey, chief of foot and ankle surgery at UTHealth.“She’s seeing that the effort and the energy she’s expended to try and get well, and that have gone into trying to heal her, have actually borne some fruit.”Gregory said she at first was disappointed Monday that she couldn’t walk out of the doctor’s office in the boot. It will be a while before she can do that, with weight bearing on her foot being the first challenge. But she did realize her efforts have paid off on Tuesday morning while looking at pictures of herself in the intensive care unit in Boston on a ventilator in the immediate aftermath of the bombing. “It just hit me: I’ve come such a long way and even though I have such a long way to go, I’m so blessed for this journey and to be able to help people and inspire people along the way,” she said.McGarvey cleared Gregory for another first following the bombing: taking a bath. She spent a few hours in the tub on Tuesday and checked out her lower left leg, which was hidden under devices and the cast a lot of the time. It bears the many scars of that day, when she went with her boyfriend-now-fiancé Pete DiMartino to watch his mom compete in the marathon. He and his sister, as well as Gregory’s six-year-old son, Noah, were also injured in the blast. Eric Kayne / for NBC News fileBoston bombing survivor Rebekah Gregory, right, speaks with physical therapist Andrew Hyde during a physical therapy session, on July 25, 2013 in Katy, Texas.“I keep going even though it’s really hard some days,” she said. “Every day I wake up, I have the choice to wallow in self-pity or get up and try to do something to progress that day … whatever I can do to make that day worth it because every single day is so precious.”The family was honoring that attitude this Christmas Eve: they all assembled at the home of her parents outside Houston, where they were “in the middle of flour and sugar and everything else,” quipped Gregory, who keeps positive amid some of her toughest times.Her mom, Tina, said she had to admit she was anxious about the next part of her eldest daughter’s journey: “You’re afraid it’s not going to be perfect or it’s not going to be as good as what we anticipate.”But at the same time, her being able to try and use her foot was “the best Christmas present ever, ever. There’s no comparison. Nothing – nothing -- could beat this.”Though Gregory has never ruled out amputation, she is clear on one thing: She will walk again.“No matter what happens, I am going to be fine. I am fine,” she said. “I’m just happy to be able to see another day.”Do you have a Boston Marathon story? Share it with reporter Miranda Leitsinger at miranda.leitsinger@nbcuni.com or on Facebook.Related:

New Jersey 'go-go bar' shooting: 3 dead, 2 hurt

  Three men were shot dead and two others wounded outside a "go-go bar" in New Jersey early Christmas morning, officials said.The shooting happened outside Slick's Go-Go Bar, in Irvington, N.J., at 12.45 a.m. ET on Wednesday, the Essex County Prosecutor’s Office told NBC News.The prosecutor's office identified two of the victims as Pierre Clervoyant Jr., 34, the son of the club's owner, and Woodley Daniel, 32, an employee of the club. Daniel, a bouncer, patted down a man trying to enter the nightclub, The Star-Ledger reported, citing an anonymous police source. The bouncer felt a gun triggering an altercation that spilled outside, the newspaper said."It appears the gunman was trying to enter the bar armed and was stopped by the bouncer," said Chief Anthony Ambrose of the Essex County Prosecutor's Office. The shooter then fired an undetermined number of rounds, killing Daniel and Clervoyant, the bar's manager.It was not clear how the third, unidentified man died. Authorities said he appears to have been an unintended target.Two other people were shot: a 27-year-old male and a 34-year-old male, neither of whom police have identified. The two wounded men were taken to University Hospital in Newark.The bar, which is in an industrial area, was hosting a theme party called "Sluddie Tuesday" at the time of the incident, The Star-Ledger reported.Essex County Prosecutor’s Office office said the incident was being investigated by its homicide and major crimes task force.Related:This story was originally published on Wed Dec 25, 2013 8:46 AM EST

Girl's letter to Santa a gift from heaven for grieving San Diego man

 By R. Stickney, NBCSanDiego.comA little girl's letter to Santa launched by a red balloon was found miles away by a stranger who, sensing a connection with its author, wanted to find her and make her Christmas wish come true.Joie, 5, had written the letter, tied it to a balloon and set it free last week along with the rest of her kindergarten class in Chula Vista, just south of San Diego.“Dear Santa, I would like to have a mermaid doll with a bow for Christmas. Thank you, Love, Joie,” the letter read.Defense contract negotiator Terry Hardin was leaving work on Dec. 17 when he noticed a red balloon with something tied to it floating down from the sky.He watched it travel to the ground and into the parking lot. It took three to five minutes, he said.“I walked over, so interested and intrigued as to what it was,” he recalled.He said when he noticed the name of the child at the end of the letter, he paused. His mother, Joie Britt, had passed away in August 2012.“It put a chill up my spine,” Hardin said.He and his mother weren’t on the best of terms at the time of her death. He now admits he was very angry with her.Now, he believes that in some way the kindergartner’s letter was meant for him.“This literally came from Heaven to make things right,” he said.Hardin’s wife, Angel, went to work trying to track down the little girl so the couple could fulfill the wish.She sent emails to news organizations, including NBC 7 San Diego, asking for help."We don't know who this girl is or how this balloon got to be over downtown, but somehow I feel like I really want this girl to get her doll,” she wrote.San Diego-area talk show host Mike Slater enlisted the help of his listeners and soon, the author of the letter was found.On Thursday, Hardin met Joie face to face in her classroom at St. Rose of Lima. He handed her the gift – a "Little Mermaid" doll complete with bow. Joie was shy, but with encouragement from her classmates, she quickly unwrapped the gift.She and her family later posed for a picture with Hardin, who said he is enjoying the enthusiasm the story has generated around the U.S. and even overseas.

UPS draws fire after Christmas delivery breakdown

  In Houston, the Amaya family has spent the last few days waiting by the door for UPS to arrive. But after 10 days and two delays, they had just about lost hope. KPRC-TV's Gianna Caserta reports.By Tony Dokoupil, Staff Writer, NBC NewsThe Grinch wore brown this Christmas.Thousands of Americans awoke to find that special something missing from beneath the Christmas tree Wednesday, a day after UPS acknowledged getting swamped by the seasonal cheer and failing to deliver orders in time."The volume of air packages in our system exceeded the capacity in our network," UPS spokeswoman Natalie Godwin said in a statement.Now, even as the company is lionized on the holiday cover of Bloomberg Businessweek for making “dreams come true,” customers are streaming online to pummel the shipping giant.  “UPS SUCKS,” wrote Kip Ingram in a post on the company’s Facebook page, a short scroll from a “Happy Christmas” message from the company’s delivery crew. “They just FAILED. SUCK, SUCK, SUCK!” “Beyond angry,” posted Susan Danielle Harrison. “We have not left the house all day & have been nervously pacing. This was supposed to be my son's big gift. Never showed up, thanks for nothing."“I. WILL. NEVER. USE. UPS. AGAIN!” vowed Judie Larson on Twitter, which fluoresced with messages bearing the hashtag “UPSfail.” For some, the void under the tree came despite days of phone-and-Web wrangling with UPS customer service. In Houston, the Amaya family toggled between tracking their package online and waiting by the door for UPS to arrive. But after 10 days and two delays, they finally gave up hope.“My kids and the rest of my extended family have no presents,” a deflated Jill Amaya told NBC News.Christmas is about more than just stuff, many posters acknowledged, but even some of the smaller, more symbolic gifts of Christmas got lost in transit.Katherine McEachen of Fairfield, Conn., suffers from lupus and complications left her bedridden much of the fall, when she leaned heavily on her father for help. She recovered by the holidays and the family cut down a tree together, a moment McEachen recorded with a photo she arranged to have it put on a mug and shipped to her father, beneath the message, “I love you”— a message that has yet to arrive.“UPS ruined my Christmas,” McEachen told NBC. “It's just a mug, but it was supposed to be so special and it's the only way I can say those words to him.”“Can UPS Save Christmas?” reads an unfortunately timed headline on the cover of the current edition of Bloomberg Businessweek, which went out to the magazine’s one million subscribers. The answer, evidently, was “no.”“UPS understands the importance of your holiday shipments,” the company said in a Christmas Day statement on its website. “However, the volume of air packages in our system exceeded the capacity of our network immediately preceding Christmas so some shipments were delayed.” Amazon.com, one of UPS’s biggest clients, cited UPS’s “failure” in an apologetic email to customers Wednesday morning. UPS itself is on a condolences tour, telling NBC in a statement that only “a small percentage” of packages were affected and pledging that most of these will arrive by Thursday. The last time a significant number of UPS packages were late for Christmas was 2004, when an ice storm crippled Worldport, the UPS distribution center in Louisville, Ky., in the run up to the holiday. Back then employees ended up manually loading packages for days, and surprising revelers with Christmas Day deliveries. This year the company declined to call its workers in for holiday service.It’s still unclear where the UPS network broke down, and the company has declined to specify the size of the problem. But Bloomberg Businessweek detailed the challenges likely to have stymied Santa’s corporate helper this year — and spotlighted the man who may take a fall for the year’s mishaps. Scott Abell is known as “Mr. Peak” to the brown-shirted faithful, and he spends his whole work year outlining the company’s holiday delivery plans, scrambling hundreds of planes and thousands of trucks from his office at Worldport. Beyond icy weather, which reportedly hampered UPS distribution hubs, the company was likely squeezed by a smaller window for holiday shopping and a record number of e-purchases being pushed through at the last minute. There were just 26 days between Thanksgiving and Christmas. At the same time, there was the continued growth of online shopping, which not only facilitates last-minute gifting but often rewards it with deeper discounts. Online spending jumped 9 percent, to $37.8 billion, between Nov. 1 and Dec. 15, according to the online research firm comScore, and retailers expect overall holiday sales to be up nearly 4 percent, exceeding $600 million. UPS anticipated delivering 132 million bundles in the week before Christmas, according to Bloomberg Businessweek, and to meet that wave of holiday cheer, Abell organized 55,000 part time workers, 23 extra planes and what amounts to a second fleet of delivery trucks.A last-minute decision by one of UPS’s clients — reportedly Amazon.com — dumped additional packages into the system last weekend, but Abell doubled the number of shifts at Worldport, still hoping to stay ahead. It wasn’t enough.Abell usually heads to Florida in January to play golf and decompress after the madness of the holidays. When he returns, the 31-year veteran of the company gathers his lieutenants for a special lemon session, detailing all that could have gone better in the weeks before.Already he’s taken a small personal step to alleviate his workload, telling his immediate family to go easy on the online shopping. “I tell them that they should do it early,” he said, according to his magazine profile. “Early’s better.” Related:UPS system overload delays Christmas Eve deliveriesThis story was originally published on Wed Dec 25, 2013 1:20 PM EST

One dead, one critically injured in shooting outside San Diego mall

  NBC7 San DiegoSan Diego police are investigating a deadly shooting that happened in the early hours of Tuesday outside a Macy's at the Westfield Mission Valley Mall. By Elisha Fieldstadt, NBC NewsA woman was killed and a man critically injured in a shooting outside a San Diego mall in the early morning hours of Tuesday, police said.The female victim who died called 911 at 1:15 a.m. local time from the parking lot of Macy’s in the Westfield Mission Valley Mall, said San Diego Police Lt. Mike Hastings.Police arrived a short time later to find a woman in her 20s with gunshot wounds to the head, and a man, also in his 20s, with gunshot wounds to the head and torso inside a vehicle, Hastings said.The woman was pronounced dead at the scene and the man was transported to a local hospital with “life-threatening injuries,” Hastings said.Related coverage at NBCSanDiego.comHastings said the investigation was underway.“We’re not able to talk to our victims,” but “there were some witnesses and they’re being interviewed right now,” Hastings said. Investigators were also in the process of obtaining and analyzing surveillance video, he said.“We have a lot of evidence to look at,” said Hastings, adding that detectives did not want to prematurely determine whether the shooting was random or the victims knew the shooter. The suspect is male, wearing tan pants and was driving a dark gray Honda, Hastings said.Although Macy’s website listed that the Westfield Mission Valley Mall Macy’s would close at 10 p.m. Monday night, Hastings said he believed the store was open at the time of the shooting for extended holiday shopping.

UPS system overload delays Christmas Eve deliveries

  Carlo Allegri / ReutersUPS delivery man Vinny Ambrosino prepares to deliver packages on Christmas Eve while wearing a Rudolf nose and antlers in New York, on Dec. 24.By Becky Bratu, Staff Writer, NBC NewsUPS dumped a load of coal in Christmas stockings across America on Wednesday, blaming bad weather and high volume for failing to deliver packages in time for the holiday."The volume of air packages in our system exceeded the capacity in our network as demand was much greater than the forecast," UPS spokeswoman Natalie Godwin said Tuesday in a statement. "As a result a small percentage of packages was delayed and will not be delivered today, Tuesday, Christmas Eve."In Houston, the Amaya family has spent the last few days waiting by the door for UPS to arrive. But after 10 days and two delays, they had just about lost hope. KPRC-TV's Gianna Caserta reports.Godwin said the company expects a majority of the packages to be delivered on the day after Christmas. It is unclear how many deliveries were affected. Some customers took to social media to express their frustration with the carrier."My package has not been delivered even though I paid (dearly) for express service," Charlie Vazquez posted on the company's Facebook page. "Beyond angry, ordered a big Christmas present and was 'GUARANTEED' to be here today. We have not left the house all day & have been nervously pacing. This was supposed to be my son's big gift. Never showed up, thanks for nothing," posted Susan Danielle Harrison.UPS drivers were out delivering packages on Christmas Eve, but they will not be working on Christmas Day. Godwin apologized for the delays and said the majority of the packages not delivered by Tuesday night will be delivered on Thursday. She added that the company would have additional employees at its international air hub in Louisville, Ky., on Christmas night to prep the shipments."We apologize to both shipping and receiving customers who may have delays," Godwin said. "While we will not have drivers delivering on Christmas we will have employees prepping packages and the planes to take off Thursday morning."This story was originally published on Tue Dec 24, 2013 10:57 PM EST

Nevada gunman told patients to flee before killing, 911 tapes reveal

  By Scott Sonner, The Associated PressRENO, Nev. — Newly released 911 tapes paint a scene of panic and terror inside a Reno medical building where dozens of callers hid in bathrooms and exam rooms from a suicidal gunman who killed one doctor and shot another at a urology clinic where he said he'd had a vasectomy that ruined his life. Callers included a woman hiding under a desk in an exam room and another who whispered "Oh, my God" and "he's going to ... kill us" as apparent gunshots can be heard in the background on the tapes released Tuesday. Alan Oliver Frazier, 51, told patients to leave or he'd shoot them after he entered the Urology Nevada office last week and soon began firing a pistol-grip, 12-gauge shotgun. The shooter from Northern California said he was angry because "he had a vasectomy here and they ruined his life," a male witness told a dispatcher from a locked bathroom where he and about 10 others hid. "He says, 'As long as you're a patient, you can leave. Otherwise I'm going to shoot you,'" the man said. The bathroom was just outside the urology office where the shooting occurred. A woman hiding under a desk was talking so softly she could barely be heard. "I hear gunshots outside my office," the woman said. "I just heard another one. ... He's going to (expletive) kill us." "Oh, my God. ... He's outside my door," she said. Among the 50 calls police said they received just after 2 p.m. on Dec. 17 while Frazier still was considered an active shooter was a woman in a locked office, gasping for breath between sentences. "He's in the middle of the office," she said. "We think he shot one of our doctors." Police began arriving at the scene within minutes, and entered Urology Nevada while some callers still were on the phone. Police confirmed Tuesday Frazier had been a patient at the facility, and complained about a botched surgery in 2010. The unemployed former power plant worker made it clear in a suicide note that he planned the attack and that his focus was on the physicians at Urology Nevada, police said. Authorities have not said who operated on Frazier, who lived near Lake Almanor, about 130 miles north of Reno. Detectives are "actively looking into" Frazier's involvement in an Internet chat room where he reportedly complained about complications from the surgery, city spokeswoman Sharon Spangler said. She confirmed investigators are interviewing a former fiancee of Frazier's who told The Associated Press he took medication for depression when they were together in the mid-1990s. They're also talking to a neighbor who said Frazier told him the day of the shooting that he was leaving and not coming back. Police haven't determined if Frazier had a history of mental illness. But Spangler said detectives are in contact with the ex-fiancee, who told the AP he was a different person when he didn't take his medication for depression and was suicidal at least once during the 18 months they were together. Spangler also acknowledged investigators talked to the neighbor, Mike Hawthorne, who told the Reno Gazette-Journal that Frazier said the day of the shooting he wouldn't be back. Citing a neighbor, the Gazette-Journal first reported that Frazier sometimes ranted in a Yahoo group about vasectomy pain that he was still suffering more than two years after what he claimed was a botched surgery. Witnesses told investigators that Frazier said during the attack that he was looking for physicians. He used the shotgun to kill Dr. Charles G. Gholdoian, 46, president of Urology Nevada. He also critically wounded Dr. Christine Lajeunesse and seriously injured Shantae Spears, who was accompanying a relative on an office visit. Frazier then turned the gun on himself. Related:© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Vegas cabbie, wanting 'to do the right thing,' turns in $300,000 left behind by gambler

   John Getter / NBC NewsGerardo Gamboa, a Las Vegas taxi driver, returned $300,000 to a passenger. By M. Alex Johnson, Staff Writer, NBC NewsA big-time card shark has an honest cabbie to thank for the return of $300,000 he left in a Las Vegas taxi.The man — whom Las Vegas police wouldn't identify other than to describe him as a well-known poker player — left the money behind in a brown case when Gerardo Gamboa dropped him off Monday morning at the $500-a-night Palms Place hotel and spa.Cabdriver Gerardo Gamboa tells NBC station KSNV of Las Vegas that he had no interest in making off with any of the $300,000 a mysterious gambler left behind in his cab Monday,Gamboa — who's driven Yellow Checker Star cabs in Vegas for 13 years — immediately called his dispatcher and asked his next passenger to witness that he hadn't taken anything, he told NBC station KSNV on Tuesday."Why? Because it [doesn't] belong to me," the honest driver said. "I just want to do the right thing."When the doorman at Gamboa's next stop alerted him to the bag, Gamboa opened it up and pulled out a wad of about $50,000 in cash."It's all hundred-dollar bills. I said: 'Oh, my God! That's a lot of money in here!'" he said. "So I put back the money, and I called dispatch right away."Gamboa said he knew nothing about his mystery passenger, other than that when they arrived at the Palms Place, "he paid me $20 for a $9.90 trip and he asked for $5 change, so [it was] a $5 tip.""I appreciated that," he said. "That's 50 percent."As for the stash of cash he turned in, he said he'd never seen that much money before in his life — "in a movie only."The taxi company immediately named Gamboa its Driver of the Year and rewarded him with $1,000 and dinner for two at a pricey restaurant, The Las Vegas Sun reported.

Man shoots sister at LA nursing home in mercy killing: police

AppId is over the quota
AppId is over the quota
By Andrew Blankstein, Todd Miyazawa and Tracy Connor, NBC News

A California man is in custody after two suspected mercy killings — the shooting of his wife at home, followed by his sister at a nursing facility, police said.

Cops were called to the Country Villa Sheraton Nursing Home in Los Angeles on Wednesday morning to investigate a report of a shooting.

When they arrived, they found 58-year-old invalid Lisa Nave dead in her bed of a gunshot to the head, with a derringer-style revolver on the table next to her, and her 60-year-old brother, Lance Holger Anderson, waiting for them on the patio.

"He gave up without any problems at all," said LAPD Lt. Paul Vernon, adding that no one else at the nursing home was threatened or hurt.

When Nave's family was notified, they wondered what would happen to Anderson's wife, who was also ailing, suffering from symptoms related to dementia, Vernon said.

"The family called the sheriff in Santa Clarita to conduct a welfare check, and responding deputies did find a dead woman, presumed to be Lance’s wife," Vernon said.

"The assumption there is that he killed her, then came here and killed his sister," Vernon told reporters outside the nursing home.

Vernon said the double homicide appeared to be "mercy killings at least from his standpoint," although he added the suspect did not use that term.

Nave had been at Country Villa since 2008. She came out of a coma four years ago but required constant care, police said. It's not clear what ailment Anderson's wife had.

Regardless, said Vernon, illness "does not justify any killings."

Nursing home staff declined to talk about the shooting.

"Everything is safe now," said Maryvic Corder, an employee in the home's business office who was in the building when it happened.

The nursing staff was informing other patients about the incident, and sections of the 138-bed facility were secured so police could complete their investigation, Corder said.

This story was originally published on Wed Dec 11, 2013 3:50 PM EST

Group that survived two days in frigid Nevada wilderness calls rescuers 'valiant'

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AppId is over the quota
Cathleen Allison / AP

Two adults and four children arrive at Pershing General Hospital on Tuesday after being lost for two days in the frigid mountains near Lovelock, Nev.

By Elisha Fieldstadt and Erin McClam, NBC News

A couple and four children who survived two days in the sub-zero Nevada mountains, apparently because one of them built a fire and heated rocks to load into their rolled-over Jeep, expressed thanks Wednesday for “care and love from our community and the nation.”

In a statement released by the hospital where they are recovering, the six called their rescuers “valiant” and asked for privacy.

One of the children, a 10-year-old girl, signed her name in blue ink in big, careful, cursive letters.

The statement offered no new details on the group’s harrowing two days in the frigid cold of the mountain range. The six — James Glanton, his girlfriend, Christina McIntee, their two children and McIntee’s niece and nephew — were found in fairly good shape Tuesday after a rescuer spotted the Jeep. The children range in age from 3 to 10.

The rescuer, Chris Montes, said that Glanton built a fire inside a spare tire, used brush and wood from nearby for kindling, and heated rocks to take back to the Jeep. His ingenuity was hailed as the difference between life and death.

The temperature on the range was 21 degrees below zero Sunday night, and below zero again Monday night.

A family of six is recovering in a hospital after being stranded in subzero conditions for three days and two nights after their Jeep overturned. NBC's Miguel Almaguer reports.

Authorities called the group’s survival miraculous and suggested that at least one of them might have died had they tried to walk to safety rather than holing up in the car to stay warm.

“It’s a miracle. It really is,” said Richard Machado, the Pershing County sheriff.

The ordeal began after the couple and children failed to return Sunday from a trip to play in the snow near their hometown of Lovelock, in Nevada’s high desert, about 100 miles northeast of Reno.

The Jeep had been seen Sunday “doing wheelies or doughnuts” at a mining camp in Seven Troughs, a dispatch supervisor said. Officials said the couple had not taken food or water with them.

The sheriff’s office got word shortly late Tuesday morning that the Jeep had been found, rolled on its roof, with the group inside, “down off a little slope,” said Leslie Steward, a police dispatcher.

The Associated Press reported that Montes first saw what looked to be children’s footprints in the snow before spotting tire tracks that led into a remote canyon but not back out.

The Reno Gazette-Journal newspaper reported that Montes and another searcher, Salvador Paredes, hiked to the spot. Paredes went to find cellphone service while Montes approached Glanton. Glanton was startled at first, Montes told the newspaper.

“And he reached out and caught me, and he probably thought I was his wife first,” he said. “He looked up and saw my face, and it surprised him a little bit.”

Cathleen Allison / AP

Marty Happy, holding his son Ryder, 2, hugs David Mosier after they received word that a group of six people had been found alive after being stranded for two days in the frigid mountains near Lovelock, Nev., on Tuesday. Mosier's 10-year-old cousin was among the group who were treated at a local hospital Tuesday.

“I think everybody was thinking the worst for a little bit,” said Montes, a longtime friend of Glanton’s who hunts in the area.

U.S. Civil Air Patrol and a search-and-rescue team started looking for the couple and children when they were reported missing Monday.

Nevada wing Civil Air Patrol Col. Timothy F. Hahn said that the family was found “four miles from civilization.”

Hahn said the search team focused on areas without cellphone reception because the last indication of the group’s cellphone activity was early Sunday night.

The CEO of the hospital said that the couple and children had not suffered frostbite but had “some exposure issues and dehydration.”

“I’m relieved that God answered our prayers,” a cousin, David Mosier, told NBC affiliate KRNV. “They just told me that they found them and that’s all I wanted to hear.”

The Associated Press contributed to this report.

This story was originally published on Tue Dec 10, 2013 10:50 PM EST

Leaky government: Detroit's water supply wasted by ravaged pipes

  Paul Sancya / APWater from a leaking pipe covers the gymnasium floor at the Caroline Crosman School in Detroit on Oct. 29.By Corey Williams, The Associated PressDETROIT — Torrents of water spew from broken pipes in Detroit's Crosman School, cascading down stairs before pooling on the warped tile of what was once a basketball court.No one knows how long the water has flowed through the moldy bowels of the massive building a few miles north of downtown, but Crosman has been closed since 2007. It's not the only empty structure where city water steadily fills dark basements or runs into the gutter, wasting money and creating safety hazards.As Detroit goes through the largest municipal bankruptcy in U.S. history, the city's porous water system illustrates how some of its resources are still draining away even as it struggles to stabilize its finances and provide basic services. Carlos Osorio / APWater spews from a broken pipe on May 16 at Crosman School in Detroit.More than 30,000 buildings stand vacant in neighborhoods hollowed out by Detroit's long population decline, vulnerable to metal scavengers who rip out pipes, leaving the water to flow. The city's water system has no way of tracking the leaks, and the water department doesn't have enough workers to check every structure."The water was running all last winter," said 32-year-old Delonda Kemp as she pointed to a vandalized two-story bungalow across from her home on Detroit's eastside. "You can actually hear it running." She says she reported the leak, but water officials say they have no record of it.The city's five water treatment plants pump more than 600 million gallons of drinking water across Detroit's 139 square miles each day, billing residents for the volume used. But as more families moved away in recent years, often without notifying the utility, crews fell behind on shutting off unpaid accounts."Even after an initial shut-off, residents or squatters often bypass the meter and steal water," said Bill Johnson, a water department spokesman. "In other cases, once a house is vacated, vandals and strippers may steal the piping and meter which causes the water to run undetected."Sometimes, the water can run for years.In the former Douglass Academy on Detroit's east side, six feet of water fills a basement boiler room. In an empty house on Chalmers Street, a pulse of water spews every few seconds from the end of a vandalized pipe. It's been going for more than a year.City officials say they have no idea how much is being lost.It costs about $400 to produce a million gallons of drinking water and $800 for every million gallons that go through treatment facilities. "The water is wasted on the front end, and second is we end up having to treat that water" all over again, said William Wolfson, the department's chief operating and compliance officer.In a city with an estimated $18 billion debt, the department has a debt of about $5.9 billion. The water department has lost more than 400 jobs in the last few years, and one study has proposed cutting half of the 1,700 positions left. While city crews have been demolishing vacant houses in sparsely populated areas, they haven't been able to keep up with the supply. Detroit, which once had 1.8 million people, is now down to about 700,000. Scrappers swarm into houses shortly after the last person moves out. Wiring, copper and metal plumbing are hauled away for illegal sale to unscrupulous recyclers. Even a decorative outdoor fountain in downtown's popular Hart Plaza was turned off earlier this year after its copper pipes were stolen. "They'll steal anything that's worth stealing," said 65-year-old Shirley Young, who lives next door to a stripped house on the east side. Beyond the cost of the water, the flooding causes safety problems. In the winter of 2009, the body of a homeless man was found frozen in the flooded elevator shaft of a vacant warehouse. He had apparently fallen in after a drug overdose. During the winter, water-covered streets become sheets of ice. During the hot months, the flooded basements attract vermin and breed insects. Modern technology can help track leaks but that's an expense that Detroit, with a network of 100-year-old cast iron pipes, can't afford. "The infrastructure is old. It's extremely expensive to replace pipes and extremely disruptive," said David Arison, vice president of Global Business Relations for Miya, an Israel-based firm that designs efficient systems for urban areas. The easiest answer may be eliminating the abandoned buildings. Mayor-elect Mike Duggan, who takes over in January, has pledged a stepped-up demolition effort using additional federal funds. Over the past six months, water department crews and contractors have whittled the backlog of reported leaks from about 350 to 33, said Samuel Smalley, assistant director of Detroit's Wastewater Operations Group. But that may not be as impressive as it sounds. "Those are the ones that we know about," he said.Related: Baltimore's leaky infrastructure seeping into city's budget© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Ex-New Orleans cop found not guilty at retrial in fatal post-Katrina shooting

  Jonathan Bachman / APDavid Warren smiles during a news conference after his acquittal Wednesday in Metairie, La.By M. Alex Johnson, Staff Writer, NBC NewsA former New Orleans police officer who was convicted three years ago of manslaughter in the fatal shooting of a man after Hurricane Katrina was found not guilty Wednesday by a second jury. "I took the action I had to take," David Warren told reporters after the verdict. "I still believe the actions I took that day were the proper actions."Warren, 50 — who served more than three years in prison in the death of Henry Glover, 31, in September 2005 — was acquitted of civil rights and firearm charges in federal court in Metairie, La. His 26-year sentence from his manslaughter conviction was overturned on appeal last year, leading to the retrial.The initial conviction had been seen as a sign that New Orleans was moving on after the deep divisions Katrina exposed in the community. When the acquittal was announced Wednesday, Glover's friends and relatives erupted, crying and screaming about what they said was an injustice. Warren was escorted out of the courthouse to freedom by U.S. marshals for his own safety.Warren shot Glover with a rifle as he was guarding a police substation after the historic hurricane devastated New Orleans. Another officer burned Glover's body in a car. He was initially tried along with four other former officers, who were accused of covering up Glover's death.Warren and two of the other former officers were convicted, but the 5th U.S. Circuit Court of Appeals last year ruled that he should have been tried separately.As he did during his first trial, Warren testified Monday that he feared for his life when he shot Glover because he thought he saw a gun in Glover's hand. Prosecutors said Glover wasn't armed and didn't pose a threat."I do not have regrets. I still feel I acted properly," Warren told reporters.The acquittal came about an hour after jurors resumed deliberating Wednesday. They'd told U.S. District Judge Lance Africk late Tuesday that they were deadlocked, but Africk ordered them to deliberate as long as necessary."It was a hard case to prosecute, because in this particular case the jury couldn't hear about" the alleged cover-up, Robert C. Jenkins, a prominent New Orleans criminal defense attorney, told NBC station WDSU. "There are no winners here."Federal authorities can't bring criminal charges against Warren again in the case, but the verdict doesn't affect civil litigation against him.Watch US News crime videos on NBCNews.com

Horrifying video shows crucial moment Asiana Flight 214 crashed at SF airport

 More details are emerging about the plane crash at San Francisco International Airport in July. NBC's Tom Costello reports.By M. Alex Johnson, Staff Writer, NBC NewsDramatic new video shows the horrifying crash of an Asiana Airlines Boeing 777 that rammed into a seawall and cartwheeled down the runway last summer at the San Francisco airport.The National Transportation Safety Board released the video, retrieved from a security camera at the airport, during a hearing Wednesday on the July 6 crash, which killed three people and injured more than 200 others.The 27-second video shows Asiana Flight 214 descending with its tail too low. It can then be seen hitting the seawall and slamming into the ground before somersaulting to a smoky rest.The NTSB released surveillance video that shows the crash landing of Asiana Flight 214 at San Francisco International Airport.One of the three victims died after having been run over by a fire truck on the runway. Documents introduced at the hearing showed that she was actually run over twice — first by a fire rig spraying foam and then by a water truck. In a carefully worded statement Wednesday, San Francisco International Airport said it wouldn't comment on the investigation "out of respect for the NTSB's process," but it said it was "proud of the efforts on July 6 by airport and San Francisco Fire Department personnel, and from the mutual aid organizations that rapidly mobilized to assist us.""We have carefully reviewed our performance with the goal of learning from this event," the airport said.The NTSB also reported that the pilot, Lee Kang Kuk, 46, was asked several times by the FBI whether the crash was a terrorist incident. The answer, according to the investigation, is no — instead, he was simply nervous about landing the jumbo jet for the first time at the San Francisco airport.Lee told investigators that he was "very concerned" about trying a visual landing without the runway's automated guide slope instrumental aids, which were out of commission because of construction."He said it was very stressful, very difficult to perform a visual approach with a heavy airplane, always," the NTSB said. "From the planning phase it was very stressful because the glide slope was very, very helpful to making an approach."Lee said there was no one overriding technical factor — every part of the landing "was stressful, because it was very busy and the controllers were very busy and spoke quickly."Investigators said Lee — who was being trained by a more experienced 777 pilot — also felt pressure not to tell his training pilot that he wanted to abort the landing because Korean culture wouldn't have allowed him to speak up, even though he was warned that he was descending too sharply and at too low a speed."The instructor pilot got the authority," the report quoted Lee as saying in broken English. "Even (if) I am on the left (captain's) seat, that is very hard to explain, that is our culture."The bottom line, he said, was that he said he was worried that he might "fail his flight and would be embarrassed," according to the report. So he decided to go through with the landing as alarms sounded around him.Both pilots tried to rev up the speed at the last moment, but they failed."About 11 seconds prior to impact, an audible alert consistent with the low airspeed caution was recorded," Bill English, the investigator in charge of the NTSB inquiry, said at the hearing. "But the action was too late, and the main gear of the underside of the aft fuselage struck the seawall.""The lowest recorded airspeed was 103 knots, which was 34 knots below the desired airspeed of 137 knots," English said.NTSB Chairwoman Deborah Hersman told reporters it appeared there was "an issue in aviation" with cockpit automation and relying on autopilots to fly planes, but she said the agency didn't immediately plan to issue any recommendations from the hearing.It can still issue new recommendations at any point during the investigation, which could take more than a year to complete.Katie Wall of NBC News contributed to this report.Related:This story was originally published on Wed Dec 11, 2013 6:50 PM EST

Widow and daughter will split estate of poisoned $1 million lottery winner

Illinois Lottery via ReutersChicago Urooj Khan is represented holding their winning lottery ticket of $1 million in this photo without a date of delivery of the Illinois lottery. Khan died of cyanide poisoning on July 20, 2012, and his death is now a homicide investigation.The estate of a man from Chicago who was poisoned at a rate of death once he won $1 million in a lottery ticket scratch will be divided between his widow and his daughter from a previous marriage, to end a fight in court.The settlement was confirmed Thursday by a lawyer for the widow. The widow and the daughter agreed not sue each other for culpable homicide unless a criminal investigation brings new information.A coroner ruled in March that the winner of the lottery, Urooj Khan, was killed by poisoning with cyanide. The coroner said that he could not determine how administered the cyanide.Complete coverage of NBC ChicagoKhan died in July 2012, just before I was going to cash a check from the Illinois Lottery $424.000 - earnings after taxes and after Khan chose a one-time payment. He did not leave a will.His death was ruled natural at first, but a brother raised suspicions, and authorities proved fluids taken from the body until Khan was buried. These fluids showed poisoning.In January, the authorities unearthed the body to make a complete autopsy in the hope of finding more evidence, but the exhumation yielded significant clues. The death is classified as a homicide, but researchers have been reserved.Under the agreement, the widow, Shabana Ansari, will receive one-third of the money from the lottery and will maintain three cleaning stores dry belonged to him with Khan. The Chicago Tribune reported that the shops are worth approximately $1 million.The daughter, Jasmeen, will receive the rest of the money from the lottery, as well as five condominiums owned by Khan. Together are valued at about $250,000, the Tribune reported.Harun Husain, a lawyer for the widow, told NBC News that he did not expect his client and daughter reconcile."Desire that actually might", he said. "There has been a death, and has been the death in unusual circumstances. Both sides are pointing to the other. It is very difficult to reconcile".A lawyer's daughter did not immediately return a call for comment.Khan, an Indian immigrant, came to Chicago in the Decade of 1980 and opened his first dry cleaning store in 2004. He bought the ticket lottery at a 7 - Eleven in Chicago, had damaged him and said later that he was so vertiginous that found that it gave to the Secretary $100.The Associated Press contributed to this report.Related:Poisoning by cyanide killed the $1 million lottery winner, confirmed authoritieswinner of the Lottery's $1 million fatally poisoned by cyanideLottery winner killed by cyanide was immigrant, family manThis story was originally posted on Thu 12 December 2013 1:50 PM EST

New York college freshman dies in fraternity pledge 'ritual': prosecutors

 A 19-year-old pledge at Baruch College's Pi Delta Psi fraternity has died after sustaining injuries during an alleged hazing ritual.By Tracy Connor, Staff Writer, NBC NewsA New York City college freshman was fatally injured during a fraternity hazing ritual that required blindfolded pledges wearing weighted bags to navigate a path while being repeatedly knocked to the ground, authorities said Wednesday.Chun Hsien "Michael" Deng, a 19-year-old student at Baruch College suffered "major brain trauma" while he was at a rented home in Tunkhannock Township in Pennsylvania's Poconos with 20 other members of the Pi Delta Psi fraternity over the weekend, the Monroe County district attorney's office said.Deng was injured in the yard "while partaking in a ritual," the DA said.Pocono Mountain Regional Police Chief Harry Lewis told NBC News the pledges were told they had to get from one point to another with their eyes covered while carrying a load while others pushed and shoved them."It's very tragic," Lewis said.The activity sounds eerily similar to hazing rituals, commonly known as "the gauntlet," that have been implicated in other deaths of college students in recent years, including one at Florida A&M University in 2011, and one at North Carolina's Lenoir-Rhyne University in 2008.After Deng was knocked unconscious, his frat brothers brought him inside. Although he was unresponsive, there was "a considerable delay" before they drove him to the emergency room, Lewis said."Shortly after beginning treatment, physicians determined Deng suffered major brain trauma and he was placed on life support," the DA's office said in a press release.Deng, who graduated from the elite Bronx High School of Science, died Monday morning.Lewis said police are still waiting for a toxicology report but it does not appear alcohol was a major factor in the incident. No one has been charged but the investigation is continuing.Baruch College, part of the City University of New York, said the pledging event was "unsanctioned" and that the school has a "zero-tolerance policy" for hazing."Baruch College had no knowledge of this event or that the fraternity was rushing a pledge class," it said in a statement. "Pi Delta Psi did not request permission nor were they approved by Baruch on this matter.""Michael’s death is a deeply painful reminder that no individual should ever be put into a position where his or her personal safety is in jeopardy."The national website for Pi  Delta Psi, which describes itself as an Asian-American cultural fraternity, says it takes "hazing allegations very seriously.""Hazing is a charged and stigmatized word within our community. It describes a practice that puts our new members in unnecessary mental and physical harm," the site says.It's intake, or pledging process, "is rooted in a curriculum that familiarizes our members with Asian American history, contemporary social issues, and role models...While we do keep our ritual practices a secret, our general in-take process is outlined and available upon request. We also maintain a risk management document that outlines restricted practices and subsequent consequences."At least 59 students have died in incidents involving fraternities since 2005, according to an analysis by Bloomberg News earlier this year. Six others were paralyzed.  Baruch CollegeChen "Michael" Deng, who was fatally injured in a fraternity ritual, attended Baruch College in Manhattan.This story was originally published on Wed Dec 11, 2013 11:03 PM EST

Double mercy killing? LA police probe shootings at nursing home, house

 By Andrew Blankstein, Todd Miyazawa and Tracy Connor, NBC NewsA California man is in custody after two suspected mercy killings — the shooting of his wife at home, followed by his sister at a nursing facility, police said.Cops were called to the Country Villa Sheraton Nursing Home in Los Angeles on Wednesday morning to investigate a report of a shooting.When they arrived, they found 58-year-old invalid Lisa Nave dead in her bed of a gunshot to the head, with a derringer-style revolver on the table next to her, and her 60-year-old brother, Lance Holger Anderson, waiting for them on the patio."He gave up without any problems at all," said LAPD Lt. Paul Vernon, adding that no one else at the nursing home was threatened or hurt.When Nave's family was notified, they wondered what would happen to Anderson's wife, who was also ailing, suffering from symptoms related to dementia, Vernon said."The family called the sheriff in Santa Clarita to conduct a welfare check, and responding deputies did find a dead woman, presumed to be Lance’s wife," Vernon said."The assumption there is that he killed her, then came here and killed his sister," Vernon told reporters outside the nursing home.Vernon said the double homicide appeared to be "mercy killings at least from his standpoint," although he added the suspect did not use that term.Nave had been at Country Villa since 2008. She came out of a coma four years ago but required constant care, police said. It's not clear what ailment Anderson's wife had.Regardless, said Vernon, illness "does not justify any killings."Nursing home staff declined to talk about the shooting."Everything is safe now," said Maryvic Corder, an employee in the home's business office who was in the building when it happened.The nursing staff was informing other patients about the incident, and sections of the 138-bed facility were secured so police could complete their investigation, Corder said.This story was originally published on Wed Dec 11, 2013 3:50 PM EST

Brotherhood says was forbidden initiation ritual that killed promise of Baruch College

A promise of 19-year-old Baruch College Pi Delta Psi Fraternity has died after suffering injuries during a so-called rite of passage.By Tracy Connor, writer, NBC NewsA national fraternity said Thursday that it is suspending some activities for every chapter after a promise of freshman at Baruch College in New York was killed during an initiation event "forbidden" weekend.Chun Hsien "Michael" Deng, a commitment for the Pi Delta Psi Fraternity, suffered "significant brain injury" on Sunday while taking part in a ritual that recruits needed to lead a band in the eyes, use a weighted bag and run a glove while they are pushed repeatedly, pushed and pulled to the ground, police said."Our early understanding is that the incident occurred in an unauthorized act that was forbidden by our Organization," said Andy Meng, National President of the fraternity, in a statement."As a result of this incident we are immediately suspend all education new members across the country until further notice."Deng, 19, had travelled from Manhattan's Baruch campus to a rented house in the Poconos with at least 20 other members of the Pi Delta Psi, which describes itself as a cultural organization Asian-American. Baruch College in Manhattan is part of the University of New York.Pocono Mountain Regional Police Harry Lewis told NBC News that promises had to go from one point to another with their eyes covered while carrying a load while others came to them.The activity is similar to the ritual hazing commonly known as "the great challenge" that have been implicated in other deaths of college students in recent years, including one at the University of Florida A & M in 2011 and a University of N.c. Lenoir - Rhyne in 2008.Once Deng was unconscious, his fraternity brothers brought it inside. Although he was unconscious, there was "a considerable delay" before they took him to the emergency room, said Lewis."Shortly after starting treatment, doctors determined Deng suffered significant brain trauma and was placed on life support," the Monroe County Prosecutor's Office said in a press release.Deng, who graduated from the elite Bronx High School of Science, died on Monday morning."It's very tragic," said Lewis.Lewis said that police are still waiting for a Toxicology report but appears alcohol was a factor in the incident. No one has been charged, but the investigation continues.Baruch College, part of the University of New York, said that the pledging event was "sanctioned" and that the school has a policy of 'zero tolerance' for the initiation."Baruch College had no knowledge of this event or rushing the fraternity a class of rookies," he said in a statement. "Pi Delta Psi has not requested permission or that were approved by Baruch on this issue.""The death of Michael is a deeply painful reminder that no individual should be put in a position where your personal safety is at risk."On its website, Pi Delta Psi says carrying "overworked accusations" seriously."The initiation is a loaded Word stigmatized within our community."It describes a practice that puts our new members in unnecessary mental and physical harm, says the site.It is the intake, or process of pledging, "has its roots in a curriculum that familiar to our members with Asian American history, contemporary social issues and models...While we maintain our ritual practices secret, our process in general is outlined and available upon request. We also maintain a document of risk management which describes practices restricted and subsequent consequences."Related:New York dies of college freshman in fraternity ritual commitment: prosecutors

Newly charged with pushing husband cliff he agreed to plead guilty

Michael Gallacher / MissoulianJordan Linn Graham during a court appearance in October.By Tracy Connor, writer, NBC NewsA mountain wedding at trial to push her husband's eight days to a 200-meter cliff declared guilty of murder Thursday in second grade before closing arguments were scheduled to begin.Jordan Linn Graham, 22, agreed to push Cody Johnson, 25, while the two discussed on a narrow ledge in the National Park glaciers was a "reckless act", the Missoulian newspaper reported."I went up to the car and it was," he told the judge. "I was afraid of what happened and at that time it was so scared that I did not know what to do."As a result of the statement, prosecutors withdraw charges of murder in first degree and making false statements. Graham faces a maximum of life when it has ruled on March 27, but it was not clear what will recommend prosecutors punishment under the agreement.Johnson family left in tears federal court as Graham was taken by marshals.The statement came shortly after the Defense rested its case--only a dozen witnesses to testify in one morning. Both sides were due to present closing arguments when the surprise announcement was made.Who pushed to Graham Johnson was not in dispute: during an FBI interrogation admitted nine days after his death on 7 July.But his team was trying to assemble a case of self defense, claiming that Johnson Graham did go to the Park, attracted him to the ledge and then seized as they argued.The worker nursery said when he tried to remove him from her, lost balance and fell, landing in a pool of shallow water below.Prosecutors charged that he acted with "malice" and suggested that it could have bandaged her husband prior to her death, because she was having second doubts about her marriage.They pointed out that he told a series of plausible lies to explain his disappearance, even going so far as to create a dummy email account and send a message from a man named Tony reporting that Johnson fell while hiking and was dead.As intensified the search for the police to Johnson, Graham took even relatives to the cliff in search of him, saying that it is where was with his"car". She reported seeing a body and then sent her teenage brother to verify, he testified.The Prosecutor's Office tests include text messages that Graham sent to his friends, confessing that she was having second doubts about marriage and plans to face Johnson with their concerns.Two witnesses testified that Johnson canceled plans for the day he died because he said that his wife was planning "a surprise" for him.The defense case seemed designed to convince jurors that Graham was contained in the days leading up to the wedding and ceremony.She cried as his lawyers played a short video of the wedding, and her grandmother, Linda Rickford, declared crying Graham as he walked down the aisle of joy."It seemed that he was very happy," said Rickford, according to the Missoulian.Graham does not testify, but jurors heard his words in the form of the recorded confession which made on 16 July.Dillon Tabish / Flathead Beacon via AP fileA missing poster of Cody Johnson. Authorities say his wife, Jordan Linn Graham, pushed him over a cliff and then lied about his disappearance."I pushed it and I ran," he said."It was a quick thing, I just wanted to take out it of me," he said in the taped interview. "I don't think that I have killed him; "I say I pushed it, but it was an accident".NBC News Jim Lichtenstein and Jessica DeVera and Associated Press contributed to this report.Previous coverage:This story was originally posted on Thu 12 December 2013 2:02 PM EST

Montana man pushed off cliff believed bride accused of murder had a 'surprise' for him: testimony

 Michael Gallacher / The MissoulianJordan Linn Graham, pictured in October, is on trial in Montana for allegedly murdering her husband, Cody Johnson, after eight days of marriage.By M. Alex Johnson, Staff Writer, NBC NewsA Montana man whose newlywed wife pushed him to his death off a cliff said on the morning he died that he'd canceled plans to go kayaking and golfing because his wife told him she had a "surprise" for him, his father-in-law and a friend both testified Wednesday.Prosecutors also introduced evidence they said suggested that Jordan Linn Graham, 22, blindfolded her husband of eight days, Cody Johnson, who fell 200 feet off a cliff in Glacier National Park on July 7.Graham has admitted she shoved Johnson during what she has described as an argument, but she has insisted it was self-defense. She has pleaded not guilty to first- and second-degree murder charges and to making false statements.But federal prosecutors contend she meant to kill Johnson and had confided in text messages to a friend that she was unhappy in their marriage.Johnson's father-in-law Stephen Rutledge — Graham's stepfather — told jurors in U.S. District Court in Missoula that he chatted with the decased about going kayaking on the morning of July 7, The Missoulian newspaper reported.Johnson said he'd decided not to go that day because Graham had mentioned that she had a "surprise" for him.Rutledge's account was backed up by the testimony of Eddie Alberto Colon, who testified Wednesday that his friend Johnson called off a round of golf for the same reason: that his wife had a surprise for him.Watch US News crime videos on NBCNews.comFlathead County Deputy Coroner Richard Sine, meanwhile, testified that a black piece of cloth, which may have been used to blindfold Johnson, was found near his body — closer even than one of his shoes. Jurors were shown a photo of the cloth.Sine said Johnson had an 8-inch fracture on his forehead and wasn't wearing a wedding ring.Jurors also heard from Johnson's mother, whose testimony supported the idea, put forth by friends and family members, that Johnson was much more in love with Graham than vice versa."I always wanted to be a grandma," Sherry Johnson said through tears. "And he was excited about that, too."Brad Blasdel, a close friend, testified that Johnson was "infatuated" with Jordan. But "it seemed one-sided," he said.And another friend, Cameron Fredrickson, testified that he never thought the marriage would work out.When Johnson went missing, "I actually broke into their house ... because this whole story is not like Cody," Fredrickson said. "It made me feel like Jordan had something to do with Cody missing."Fredrickson said he was looking for evidence to incriminate Graham, looking bloody rags, weapons or a body. He didn't find anything, he said.Besides the murder charges, Graham is also charged with making false statements because she told friends, family — and police — that she last saw Johnson alive as he drove off with a friend. She allegedly created a dummy email account to send a message to herself, signed "Tony," saying he had fallen to his death while hiking.After she reported having "found" Johnson four days later, she said she knew where to look because that's where her husband liked to hang out with his "car buddies," prosecutors have said.Jessica DeVera of NBC News, in Missoula, and The Associated Press contributed to this report.Related:Tears at trial of Montana newlywed accused of pushing husband off cliff

Naval Academy rape case could induce changes in the military hearings

The grill of a female Cadet Naval Academy of the United States, allegedly sexually assaulted by classmates, during a preliminary article 32 military hearing could lead to changes in the way in which such hearings are conducted.Susan Burke, Attorney for the Midshipmen, told NBC News "he met directly with members of Congress in these reform efforts," in light of the 30 hours of questioning, sometimes invasive with relevance only tangential to the case, their client was subjected to during the week and half long hearing.The authorization Act of national defence currently before Congress contains an amendment to the uniform code of military justice that would limit the purpose of the article 32 preliminary hearing to "determine whether there is probable cause to believe that an offence has been committed and the defendant committed the crime".Currently, there is no limit to the amount of time and the scope of the questioning in an article 32, which is similar to a civilian grand jury hearing. In this case in particular during the summer, the female cadet who was allegedly assaulted was probed about details that included wide opened his mouth during oral sex and if wearing underwear.The amendment in the Bill NDAA would also be optional for a complainant witness to testify.Burke, a well-known advocate for reforming the way the military prosecute sexual assault whose work is the subject of the documentary "The Invisible war", said its customer experience was only the latest - and most high profile - example of those hard interrogation."The same thing that crossed this midshipman, scores have been going through the same type of abusive process." Highlight brought it home what we were saying about all these problems, "he said.Representative Jackie Speier, D - Calif., co-sponsor of the version of the amendment of article 32 of the NDAA House, said he spoke with Burke for two hours after his interrogation of the female Cadet."She's a rock star for what concerns me," said Speier of Burke. "It is a major reason why all this is happening."The version of the House of the NDAA is expected to be voted on Friday, hoping that the Senate may vote the week next, by the Chairmen of the House and Senate armed services committees.Lawyers of the two Midshipmen - Eric Graham and Joshua Tate - face courts martial for allegedly raping the female Cadet told Burke he was more interested in the development of the media and legislative attention rough way lawyers questioned him in article 32 that in the search for Justice for his client.Defense attorneys have said murky testimony of the female Cadet, tarnished by the inconsistencies and, sometimes, an apparent reluctance to continue - at some point during the trial said that he does not believe that the two men were "criminals" and that it had gone along with the audience to find out if it had in fact violated - rather than to convict them of something believed that they had made."[Burke is] trying to use this case to promote his political agenda, which is not really representing the accuser in this case, but to encourage its lobbying effort, his crusade for cases of sexual misconduct military outside the military chain of command," Chip Herrington, one of Graham's lawyers, said.Changes in the procedures of article 32 would not change the way in sexual assault cases working their way up the chain of command, which Speier called "the elephant in the room."Herrington and lawyers for the other accused midshipman Tate, participating this week in hearings of movement in Washington Navy Yard, which will make a final appeal before a military judge for the cases dismissed or otherwise, to suppress certain evidence to be admitted. Graham and Tate will be judged separately and their courts martial are scheduled for January.Burke and a team of lawyers from the firm Arnold & Porter also presented proposals this week, including one to be allowed to present legal arguments and to enforce the rights [of your customer]." Given that the complainant is not a party in the Government, but simply a "complainant witness", counsel independent of the accusers not allowed is to present arguments.Related:

No charges against George Zimmerman after girlfriend withdraws threat allegations

 By M. Alex Johnson, Staff Writer, NBC NewsGeorge Zimmerman won't be charged with any crimes after the woman who told authorities last month that he threatened her with a gun during a heated argument recanted the allegations, prosecutors said Wednesday.Samantha Scheibe, who refers to Zimmerman as her "boyfriend," said in a sworn affadavit obtained by NBC News that she felt overwhelmed during the argument and intimidated when she was questioned by police about the Nov. 18 incident.Her statement was attached to a motion by Zimmerman's attorney seeking to modify the conditions of her client's bond in his domestic violence case.Eighteenth Circuit State Attorney Phil Archer said Wednesday that no charges would be brought. While "it was clear that there was probable cause for the arrest by the Seminole County Sheriff's Office," Archer said in a statement, "there is no reasonable likelihood of successful prosecution."Archer said that he couldn't make a case because of the conflicting statements and lack of any other corroborating evidence or witnesses. Scheibe said in the affidavit that she believed "the police misinterpreted me and that I may have misspoken about certain facts in my statement to the police. I do not feel that the arrest report accurately recounts what happened."She had told a 911 operator and deputies last month that she and Zimmerman were having a "verbal dispute," and she alleged that he pointed a long-barreled shotgun at her.But in an affidavit released Monday, Scheibe said: "George never pointed a gun at or toward my face in a threatening manner."Zimmerman was arrested and later charged with felony aggravated assault, misdemeanor battery and misdemeanor criminal mischief, according to the Seminole sheriff's office. He was directed to stay away from Scheibe's residence, among other orders.In the 911 tapes released from the Nov. 18 incident, Zimmerman denied brandishing a weapon at his girlfriend.Zimmerman, 30, was famously acquitted earlier this year of all charges in the fatal shooting of Trayvon Martin.Watch US News crime videos on NBCNews.com

Veteran Arizona state cop resigns after discovered to be illegal immigrant

  Veteran Arizona state cop resigns after discovered to be illegal immigrant - U.S. NewsMSNOutlookMoreAutosMy MSNVideoCareers & JobsPersonalsWeatherDelishQuotesWhite PagesGamesReal EstateWonderwallHoroscopesShoppingYellow PagesLocal EditionTrafficFeedbackMaps & DirectionsTravelFull MSN IndexBing NBCNews.comTODAYNightly NewsMeet the PressDatelinemsnbcBreaking NewsNewsvineHomeUSWorldPoliticsBusinessSportsEntertainmentHealthTechScienceTravelLocalWeatherAdvertise | AdChoicesRecommended: US urges Haitians to avoid death at sea with new PSARecommended: Health director who approved Obama birth certificate dies in plane crash Recommended: Montana man pushed off cliff believed bride accused of murder had a 'surprise' for him: testimonyRecommended: Parents of Georgia teen found dead in gym mat rally for inquiryheader.top_header {background-image: url(http://cdn.lib.newsvine.com/chrome/usnewsfranchise/images/header.jpg?v=11309);}footer .links {background-image: url(http://cdn.lib.newsvine.com/chrome/usnewsfranchise/images/footer.jpg);}NBC News reporters bring you compelling stories from across the nation. For more US news, follow us on Twitter and Facebook. ? About this blog? Archives E-mail updates Follow on Twitter Subscribe to RSS728commentsPrint19hoursagoVeteran Arizona state cop resigns after discovered to be illegal immigrantBy Jeff Black, Staff Writer, NBC News A detective for the Arizona state police resigned this week after it was revealed she isn't a U.S. citizen and had — perhaps unknowingly — misrepresented where she was born on application documents, officials said Wednesday.Arizona Department of Public Safety A photo provided by the Arizona Department of Public Safety shows detective Carmen Figueroa, who resigned from her post following the discovery that she was in the United States illegally after being brought from Mexico at a young age,Former detective Carmen Figueroa — who worked 13 years for the Arizona Department of Public Safety and once served as the state police force’s spokeswoman — had stated in a required written affidavit when hired that she is a U.S. citizen. She later told investigators her family told her she was born in the Unites States.Instead, it turned out that she was born in Sinaloa, Mexico, and came to the U.S. as a young child and was living in the country illegally, NBC station KVOA in Tucson, the first to make the revelation, reported.Advertise | AdChoices Figueroa may have used a fake or forged birth certificate, the station reported, but officials said that she was likely told that she was born in this country by her mother."We believe the affidavit and information she gave us at the time. And, she was under the impression that she herself was an American citizen," Department of Public Safety spokesman Bart Graves told KVOA.Figueroa resigned on Monday but would have been fired if she hadn’t stepped down, Graves told The Associated Press. Arizona law requires all sworn officers to be U.S. citizens."She did not really find out until this summer ... that she was an illegal alien through, I believe, a confrontation with her mother," Graves told the AP.Figueroa’s citizenship status came to light when her brother, a member of the U.S. military, applied with the State Department for a passport and federal authorities learned he had a sister who was an Arizona state police officer.Figueroa spent about a decade as a highway patrol officer in southern Arizona before become a detective and "had an exemplary record" on the job, Graves said.It was unclear if any criminal charges would be levied against Figueroa. She could not be reached.728commentsExplore related topics: arizona-department-of-public-safety, carmen-figueroaolder 20hoursagoLockdown lifted at American U. after gunman reported newer 18hoursagoMontana man pushed off cliff believed bride accused of murder had a 'surprise' for him: testimony Most popular postsolder 20hoursagoLockdown lifted at American U. after gunman reported newer 18hoursagoMontana man pushed off cliff believed bride accused of murder had a 'surprise' for him: testimony Most popular posts493Teenager dies aboard Delta flight soon after takeoff from Seattle5daysago823Frozen nation: At least 11 dead as cold, ice and snow grip USUpdated5daysago4800Judge orders Colorado baker to serve gay couples6daysago3776Fasting for immigration reform: Strikers go hungry in push for changeUpdated5daysago230Man left baby in car, went into strip club for hours, police say5daysagoBrowsefeatured, crime, updated, weather, military, california, florida, shooting, new-york, texas, environment, us-news, education, police, chicago, murder, colorado, new-jersey, obama, nbcnewyork, guns, trayvon-martin, los-angeles, afghanistan, gulf-oil-spill, kari-huus, george-zimmerman, barack-obama, nbclosangeles, arizona, fire, boston, washington, politics, sandy, veterans, gay, crime-courts, crime-and-courts, connecticutAlsoAdvertise | AdChoices Jeff Black, Staff Writer I'm a senior writer and editor working on the news team.Archives2013December (144)November (393)October (443)September (409)August (444)July (461)June (405)May (461)April (608)March (548)February (510)January (563)2012December (457)November (460)October (477)September (432)August (525)July (519)June (508)May (566)April (538)March (576)February (471)January (417)2011December (455)November (190)October (9)September (3)August (51)July (8)June (3)May (12)April (5)March (3)February (1)January (8)2010December (5)November (1)October (2)September (28)August (40)July (35)June (177)May (50)April (9)March (2)February (2)January (4)2009December (5)November (5)October (2)September (11)August (4)July (12)June (1)May (1)April (1)March (3)February (3)January (2)2008December (3)November (2)October (6)September (30)August (26)July (10)June (4)May (8)April (13)March (9)February (7)January (6)2007December (10)November (6)October (22)September (11)Most CommentedJudge orders Colorado baker to serve gay couples (4800)Fasting for immigration reform: Strikers go hungry in push for change (3776)Group that survived two days in frigid Nevada wilderness calls rescuers 'valiant' (1665)Satanists want statue beside Ten Commandments monument at Oklahoma Legislature (1711)Health director who approved Obama birth certificate dies in plane crash (1211)Campus officer shoots, kills Texas college student after chase (900)George Zimmerman's girlfriend recants allegations he threatened her with gun (762)Other blogsRed Tape ChroniclesPhotoBlogInvestigations top stories3700,10 © 2013 NBCNews.comUS news on NBCNews.comAbout usContactHelpSite mapCareersClosed captioningTerms & ConditionsPrivacy policyAdvertise

Parents of Georgia teen found dead in gym mat rally for inquiry

   David Goldman / APJacquelyn Johnson, second from left, the mother of Kendrick Johnson, the south Georgia teenager found dead inside a rolled-up wrestling mat in his school, is embraced by Monique Mosely, left, as Johnson's daughter Kenyetta, right, stands by following a rally, Wednesday, Dec. 11, 2013, in Atlanta.By Kate Brumback, The Associated PressATLANTA — During a rally at the state Capitol Wednesday, lawyers for the family of a Georgia teenager found dead at school inside a rolled-up gym mat called on the governor to order a coroner's inquest.The body of 17-year-old Kendrick Johnson was found Jan. 11, and sheriff's investigators concluded that he died in a freak accident. Johnson's parents insist someone must have killed him.Johnson's parents and their lawyers were among about 20 speakers who addressed a crowd of roughly 200 people gathered for a "Who Killed K.J." rally on the steps of the Georgia Capitol.Other speakers included Martin Luther King III, state lawmakers and various others. Another rally is being planned in Valdosta on Jan. 11, the anniversary of Johnson's death.A coroner's inquest is necessary to change the official cause of death from accident to homicide so that it can be properly investigated, said Benjamin Crump, a lawyer for the Johnsons. He also represents the parents of Trayvon Martin, the teen shot and killed in Florida."Gov. Deal is aware that federal authorities, including the U.S. Attorney's Office and FBI, are looking into the case and we'll await their report to determine if further action is needed," Deal spokesman Brian Robinson said in an email after the rally. "Certainly, if another investigation is called for, the governor would be open to that." Courtesy of Johnson familyKendrick Johnson of Valdosta, Ga., is seen in an undated photo released by the family. Johnson, a three-sport athlete, was found dead on Jan. 11 in a rolled-up wrestling mat in his high school gym.U.S. Attorney Michael Moore in October said he was conducting a formal review of the evidence in the case. He said if there's sufficient evidence to warrant a criminal civil rights investigation, he will ask the FBI to conduct it.Authorities have said they suspect Johnson became trapped trying to retrieve a shoe that fell into the center of the large, rolled mat. A Georgia Bureau of Investigation medical examiner concluded that he died from positional asphyxia, meaning his body got stuck in a position in which he couldn't breathe.Johnson's family had his body exhumed over the summer so they could get a second opinion from a private pathologist. Dr. William R. Anderson in an August report said he detected hemorrhaging on the right side of Johnson's neck. He concluded the teenager died from blunt force trauma near his carotid artery and that the fatal blow appeared to be non-accidental.A lawyer for Johnson's parents filed court papers in October requesting that a judge order a coroner's inquest. The judge overseeing that case has said he'll wait to decide whether to order one until the U.S. attorney's office completes its review.Crump says federal investigations take can take too long and that Johnson's parents have already waited 11 months and need answers. "We cannot wait on the federal government to do what the state government in Valdosta is supposed to do," he said.Lawyers for the family on Tuesday filed a complaint with the Georgia secretary of state's office against Antonio Harrington, the owner of Harrington Funeral Home in Valdosta. When Johnson's body was exhumed for a second autopsy, some of his organs were missing and his body cavity was filled with newspaper, and the family claims Harrington misled them about the condition of his body or mishandled the body.An attorney for the funeral home, Roy Copeland, did not return phone messages seeking comment Tuesday and Wednesday. Copeland has previously said Johnson's organs were missing when the body arrived at Harrington. He also defended the use of newspaper as being in keeping with standard embalming practices of filling body cavities with materials like sawdust or cotton. © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Health director who approved Obama birth certificate dies in plane crash

 The director of Hawaii's Department of Health Loretta Fuddy was killed Wednesday in a plane crash. The eight other passengers onboard survived.By Henry Austin and Christopher Nelson, NBC NewsThe health director who approved the release of President Obama’s birth certificate has died in a plane crash, Hawaiian officials said Thursday.Loretta Fuddy died after the Cessna Grand Caravan aircraft she was travelling on went down shortly after leaving Kalaupapa Airport at around 3:15 p.m. local time (10:15 a.m. ET) on Wednesday. The other eight people on board were rescued, Richard Schuman, president of Makani Kai Air, told NBC News early Thursday, adding that that there was no indication as to why the plane had crashed.Fuddy hit the headlines two years ago when she approved a waiver request allowing Obama to access certified copies of his birth certificate, signed by the delivery doctor, Obama’s mother and the local registrar.  His mother, then 18, signed her name (Stanley) Ann Dunham Obama.So-called "birthers" opposed to Obama including real estate mogul Donald Trump had long questioned why Obama hadn't ensured the long form was released.Hawaiian senator J. Kalani English led the tributes to the 65-year-old saying she, “will be dearly missed,” by people on the islands.“I would like to extend my most heartfelt condolences to the family and friends of the Department of Health Director Loretta Fuddy, who tragically passed away in a plane crash late Wednesday afternoon,” he said. “Loretta was a true public servant and friend of the people….. She will be dearly missed.”Fellow lawmaker Will Espero also paid tribute to Fuddy on his Facebook page."It is with great sadness to hear of the passing of Department of Health Director Loretta Fuddy,” he wrote. “She was a respected professional who served our state with pride and distinction. Rest in peace with the angels Director Fuddy.”After being alerted to the crash, the U.S. Coast Guard scrambled two helicopters and a Hercules plane to the site, which was about a mile from the shore. Rescue swimmers were also deployed and they winched three passengers onto the helicopters. A radio operator onboard the rescue plane posted this picture of the rescue on Instagram.“Picture is not great, but you can see two smoke signals in water where an airplane crash was,” Joseph Ferguson wrote.He told NBC News that usually they would drop rescue gear into the water for the survivors but because the helicopters had arrived quickly so that was not required.“We acted as the on scene commander,” Ferguson, an avionics electrical technician, third class, said. “So we control all the different assets flying around there and made sure no one flew into that air space.”  Maui Fire Rescue were involved in bringing others to safety. The flight was due to travel from Molokai to Oahu. The pilot was among the survivors.Schuman said the survivors were treated for non-life threatening injuries.   “They were admitted to hospital and now some of them have gone home or to hotels,” he said. “They’re all being taken care of.”  Schuman gave credit to the pilot, who had over 30 years of experience and had been working with the airline for around two years. "He did what he was trained to do and the rest of it’s in God’s hands,” he said.A spokesman from the National Transportation Safety Board (NTSB) told NBC News they were sending, "at least one investigator to the scene."NTSB investigating Hawaii crash of Cessna 208 into ocean shortly after takeoff from Kalaupapa Airport.— NTSB (@NTSB) December 12, 2013"It's always a difficult situation when you're not able to get everybody out," Honolulu Fire Capt. Terry Seelig told Hawaii News Now.NBC News Lou Doubois contributed to this report.This story was originally published on Thu Dec 12, 2013 4:25 AM EST

American U. goes on lockdown after reports of gunman

  WRCAuthorities stand outside Gray Hall on the American University campus in Washington, D.C., on Wednesday.A lockdown at American University has been lifted, following reports of a man with a gun on campus Wednesday just before 8 p.m.D.C. Police say an AU student noticed a man with a gun in his holster on a university shuttle bus and took a picture, then called police. That picture was later circulated on social media by AU's official account.The lockdown was lifted just before 9:30 p.m. No one was injured.Officials said the man with the gun on the bus was an off-duty officer. It is not known what agency or jurisdiction he works for. More on NBCWashington.com

Sentence in fatal DWI Texas Teen accident causes anger

A teenager from a family of rich was sentenced to probation this week when he killed four pedestrians when he lost control of his truck for speeding while driving drunk in North Texas, a punishment that outraged the families of the victims and the prosecutors left disappointed.The 16-year-old boy was sentenced Tuesday at a Fort Worth juvenile court to 10 years of probation after confessed the killing of poisoning in the accident on June 15 on a dark rural road.Prosecutors had sought the maximum 20 years in State custody for the Keller teen, but his lawyers have appealed to state district judge Jean Boyd that adolescents need rehabilitation not prison, the Fort Worth Star-Telegram reported.If the child continues to be cushioned by the wealth of his family, another tragedy is inevitable, said Prosecutor Richard Alpert in the Court."There may be doubts and that will be another judged someday blaming the lenient treatment he received here," said Alpert.Authorities said that the teenager and friends were seen in surveillance video stealing two cases of beer from a store. He had seven passengers in his Ford F-350, was speeding and had a level of alcohol in the blood three times the legal limit, according to testimony during the trial. His truck collided with four pedestrians, killing Brian Jennings, a 43-year-old Burleson youth Minister; Breanna Mitchell of Lillian, 24; Shelby Boyles, 21; and his mother's 52-year-old Hollie Boyles.Boyd said that the programs available in the Texas juvenile justice system cannot provide that type of intensive therapy adolescents could receive in rehab near Newport Beach, California, which was suggested by his defence lawyers. Parents pick up the tab for the Center, at a cost of more than $ 450,000 a year for treatment.Scott Brown, lawyer defense of the child, said that he could have been released after two years if he had drawn a sentence of 20 years.But on the other hand, the judge "fashion a sentence that could keep it under the thumb of Justice for 10 years", said the Star-Telegram.Relatives of those killed in the accident drew little consolation from this guarantee.Eric Boyles, who lost his wife and daughter, said that the wealth of the family helped the teen avoid imprisonment."Money always seems to be out of danger," said Boyles. "Ultimately, I felt today, that prevail the money." If you had been any other young person, I feel that the circumstances would have been different."Shaunna Jennings, widow of the Minister, said that his family had forgiven the teenager but he believed that there was a need for a more serious punishment."He lived a life of privilege and right, and my prayer is not any in this," he said. "My fear is that I'm going to get out of this."A psychologist called as an expert witness for the defense said that the boy suffered from "influx", growing up in a home where the parents were concerned with arguments that led to a divorce.The father "has no relations, takes hostages," said psychologist Gary Miller, and the mother was forgiving. "His mantra was that if it feels good, do it", said.-The Associated Press

Driver struck by Amtrak train after going around crossing bar, authorities say

  Policía estatal de Virginia vía APLos restos de un automóvil que estaba involucrado en un accidente con un tren de Amtrak descansa al lado de las vías en el cruce de 460 40/Route ruta en Waverly, Virginia, el jueves.Por Erin McClam, escritor, NBC NewsUn hombre intentó conducir alrededor de una barra de cruce de ferrocarril en Virginia y fue golpeado por un tren Amtrak que disparaba a casi 80 kilómetros por hora el jueves por la mañana, dijeron las autoridades. El hombre fue trasladado a un hospital con lesiones no mortales.La policía estatal de Virginia, dijo que el alcohol era un factor en la colisión. El hombre, Untron Drew, ignorado tanto la barra de cruce y las luces de advertencia, dijo la policía estatal el sargento Michelle Anaya.El tren acababa de comenzar su recorrido desde Norfolk a Boston cuando el accidente sucedió, justo antes de 6, en la ciudad de Waverly. Amtrak dijo que había no hay heridos entre las 49 personas en el tren, 44 pasajeros y cinco tripulantes.El tren no descarrilar y luego continuó hacia Boston, corriendo alrededor de dos horas de retraso, dijo Amtrak.Drew conducía un patrulla de la policía que había sido retirado y subastado, dijo el sargento.Esta historia fue publicada originalmente el Jue 12 de diciembre de 2013 9:15 AM EST

Newly charged with pushing husband Cliff crying in the video of the wedding

Michael Gallacher / MissoulianJordan Linn Graham during a court appearance in October.By Tracy Connor, writer, NBC NewsA mountain wedding at trial to push her husband's eight days to a 200-meter cliff declared guilty of murder Thursday in second grade before closing arguments were scheduled to begin.Jordan Linn Graham, 22, agreed to push Cody Johnson, 25, while the two discussed on a narrow ledge in the National Park glaciers was a "reckless act", the Missoulian newspaper reported."I went up to the car and it was," he told the judge. "I was afraid of what happened and at that time it was so scared that I did not know what to do."As a result of the statement, prosecutors withdraw charges of murder in first degree and making false statements. Graham faces a maximum of life when it has ruled on March 27, but it was not clear what will recommend prosecutors punishment under the agreement.Johnson family left in tears federal court as Graham was taken by marshals.The statement came shortly after the Defense rested its case--only a dozen witnesses to testify in one morning. Both sides were due to present closing arguments when the surprise announcement was made.Who pushed to Graham Johnson was not in dispute: during an FBI interrogation admitted nine days after his death on 7 July.But his team was trying to assemble a case of self defense, claiming that Johnson Graham did go to the Park, attracted him to the ledge and then seized as they argued.The worker nursery said when he tried to remove him from her, lost balance and fell, landing in a pool of shallow water below.Prosecutors charged that he acted with "malice" and suggested that it could have bandaged her husband prior to her death, because she was having second doubts about her marriage.They pointed out that he told a series of plausible lies to explain his disappearance, even going so far as to create a dummy email account and send a message from a man named Tony reporting that Johnson fell while hiking and was dead.As intensified the search for the police to Johnson, Graham took even relatives to the cliff in search of him, saying that it is where was with his"car". She reported seeing a body and then sent her teenage brother to verify, he testified.The Prosecutor's Office tests include text messages that Graham sent to his friends, confessing that she was having second doubts about marriage and plans to face Johnson with their concerns.Two witnesses testified that Johnson canceled plans for the day he died because he said that his wife was planning "a surprise" for him.The defense case seemed designed to convince jurors that Graham was contained in the days leading up to the wedding and ceremony.She cried as his lawyers played a short video of the wedding, and her grandmother, Linda Rickford, declared crying Graham as he walked down the aisle of joy."It seemed that he was very happy," said Rickford, according to the Missoulian.Graham does not testify, but jurors heard his words in the form of the recorded confession which made on 16 July.Dillon Tabish / Flathead Beacon via AP fileA missing poster of Cody Johnson. Authorities say his wife, Jordan Linn Graham, pushed him over a cliff and then lied about his disappearance."I pushed it and I ran," he said."It was a quick thing, I just wanted to take out it of me," he said in the taped interview. "I don't think that I have killed him; "I say I pushed it, but it was an accident".NBC News Jim Lichtenstein and Jessica DeVera and Associated Press contributed to this report.Previous coverage:This story was originally posted on Thu 12 December 2013 2:02 PM EST

Eight rescued from sea after plane crashes off Hawaiian island; one passenger dead

 The director of Hawaii's Department of Health Loretta Fuddy was killed Wednesday in a plane crash. The eight other passengers onboard survived.By Henry Austin and Christopher Nelson, NBC NewsThe health director who approved the release of President Obama’s birth certificate has died in a plane crash, Hawaiian officials said Thursday.Loretta Fuddy died after the Cessna Grand Caravan aircraft she was travelling on went down shortly after leaving Kalaupapa Airport at around 3:15 p.m. local time (10:15 a.m. ET) on Wednesday. The other eight people on board were rescued, Richard Schuman, president of Makani Kai Air, told NBC News early Thursday, adding that that there was no indication as to why the plane had crashed.Fuddy hit the headlines two years ago when she approved a waiver request allowing Obama to access certified copies of his birth certificate, signed by the delivery doctor, Obama’s mother and the local registrar.  His mother, then 18, signed her name (Stanley) Ann Dunham Obama.So-called "birthers" opposed to Obama including real estate mogul Donald Trump had long questioned why Obama hadn't ensured the long form was released.Hawaiian senator J. Kalani English led the tributes to the 65-year-old saying she, “will be dearly missed,” by people on the islands.“I would like to extend my most heartfelt condolences to the family and friends of the Department of Health Director Loretta Fuddy, who tragically passed away in a plane crash late Wednesday afternoon,” he said. “Loretta was a true public servant and friend of the people….. She will be dearly missed.”Fellow lawmaker Will Espero also paid tribute to Fuddy on his Facebook page."It is with great sadness to hear of the passing of Department of Health Director Loretta Fuddy,” he wrote. “She was a respected professional who served our state with pride and distinction. Rest in peace with the angels Director Fuddy.”After being alerted to the crash, the U.S. Coast Guard scrambled two helicopters and a Hercules plane to the site, which was about a mile from the shore. Rescue swimmers were also deployed and they winched three passengers onto the helicopters. A radio operator onboard the rescue plane posted this picture of the rescue on Instagram.“Picture is not great, but you can see two smoke signals in water where an airplane crash was,” Joseph Ferguson wrote.He told NBC News that usually they would drop rescue gear into the water for the survivors but because the helicopters had arrived quickly so that was not required.“We acted as the on scene commander,” Ferguson, an avionics electrical technician, third class, said. “So we control all the different assets flying around there and made sure no one flew into that air space.”  Maui Fire Rescue were involved in bringing others to safety. The flight was due to travel from Molokai to Oahu. The pilot was among the survivors.Schuman said the survivors were treated for non-life threatening injuries.   “They were admitted to hospital and now some of them have gone home or to hotels,” he said. “They’re all being taken care of.”  Schuman gave credit to the pilot, who had over 30 years of experience and had been working with the airline for around two years. "He did what he was trained to do and the rest of it’s in God’s hands,” he said.A spokesman from the National Transportation Safety Board (NTSB) told NBC News they were sending, "at least one investigator to the scene."NTSB investigating Hawaii crash of Cessna 208 into ocean shortly after takeoff from Kalaupapa Airport.— NTSB (@NTSB) December 12, 2013"It's always a difficult situation when you're not able to get everybody out," Honolulu Fire Capt. Terry Seelig told Hawaii News Now.NBC News Lou Doubois contributed to this report.This story was originally published on Thu Dec 12, 2013 4:25 AM EST