Update: Our news partner KETK provided this late Friday night. Misty Head, wife of singer Sundance Head, said the singer remains in good spirits and there was no internal damage. Sundance was reportedly at his ranch hunting when the incident occurred.
“He was out of the vehicle reaching in to grab his [gun], when he grabbed it the [gun] came out of its holster and hit the exterior of the Jeep just right and went off. Sundance said it happened so fast and he could see the bullet dislodging,” the post said.
HOUSTON (AP) — Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, were significantly bolstered after a judge concluded that she is “actually innocent” of capital murder.
Senior State District Judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio’s 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio’s conviction and death sentence be overturned.
“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.
Lucio has long maintained she is innocent and her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.
Nelson’s recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision in Lucio’s case. There was no timetable for a ruling by the appeals court. Lucio’s case has garnered support from celebrities like Kim Kardashian and a bipartisan group of lawmakers.
“This is the best news we could get going into the holidays,” John and Michelle Lucio, Melissa Lucio’s son and daughter-in-law, said in a statement. “We pray our mother will be home soon.”
Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, said Lucio was “sent to death row for a crime that never happened.”
The Cameron County District Attorney’s Office, which prosecuted Lucio, didn’t immediately reply to an email seeking comment.
Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’ southern tip. But the Texas Court of Criminal Appeals halted her lethal injection two days before her execution so Lucio’s claims that new evidence would exonerate her could be reviewed.
The appeals court had asked the trial court to review four claims made by Lucio’s lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.
In April, Nelson had approved an agreement between prosecutors and Lucio’s attorneys that found Lucio’s conviction should be overturned amid findings that evidence in her murder trial was suppressed. Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.
The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.
Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl’s injuries could only have been caused by abuse and presenting “scientifically wrong testimony” from a Texas Ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.
TYLER – According to our news partner, KETK, Tyler native and former Tampa Bay Buccaneers center Randy Grimes was in his home town on Friday to speak about recovery from addiction.
“I just want to get the message out. There’s so much stigma involved with addiction, it’s such an ugly word. Nobody wants to admit it but this happens to good people,” said Grimes. “I work with judges, pastors, I work with pilots and athletes, and this happens to good people, but you’ve got to put your hands up and ask for help.”
Before the NFL, Grimes played for Baylor University in Waco and the Robert E. Lee High School football team, before they changed the name to Tyler Legacy High School.
HOUSTON (AP) — Efforts to free Melissa Lucio, a Texas woman whose execution was delayed in 2022 amid growing doubts she fatally beat her 2-year-old daughter, were significantly bolstered after a judge concluded that she is “actually innocent” of capital murder.
Senior State District Judge Arturo Nelson concluded that prosecutors presented false testimony, suppressed evidence and that new scientific evidence that was not available during Lucio’s 2008 trial undermines and contradicts evidence presented by the state. He recommended that Lucio’s conviction and death sentence be overturned.
“This Court finds (Lucio) has satisfied her burden and produced clear and convincing evidence that she is actually innocent of the offense of capital murder,” Nelson wrote in a 62-page ruling he signed in October but was not made public until Thursday.
Lucio has long maintained she is innocent and her daughter Mariah died of a head injury sustained in an accidental fall down a steep staircase two days before her death.
Nelson’s recommendation has been sent to the Texas Court of Criminal Appeals, which will make the final decision in Lucio’s case. There was no timetable for a ruling by the appeals court. Lucio’s case has garnered support from celebrities like Kim Kardashian and a bipartisan group of lawmakers.
“This is the best news we could get going into the holidays,” John and Michelle Lucio, Melissa Lucio’s son and daughter-in-law, said in a statement. “We pray our mother will be home soon.”
Vanessa Potkin, director of special litigation at the Innocence Project and one of Lucio’s attorneys, said Lucio was “sent to death row for a crime that never happened.”
The Cameron County District Attorney’s Office, which prosecuted Lucio, didn’t immediately reply to an email seeking comment.
Lucio, 56, had been set for lethal injection in April 2022 for the 2007 death of her daughter in Harlingen, a city of about 71,000 in Texas’ southern tip. But the Texas Court of Criminal Appeals halted her lethal injection two days before her execution so Lucio’s claims that new evidence would exonerate her could be reviewed.
The appeals court had asked the trial court to review four claims made by Lucio’s lawyers: prosecutors used false testimony; previously unavailable scientific evidence would preclude her conviction; Lucio is actually innocent; and prosecutors suppressed evidence favorable to her.
In April, Nelson had approved an agreement between prosecutors and Lucio’s attorneys that found Lucio’s conviction should be overturned amid findings that evidence in her murder trial was suppressed. Prosecutors had previously maintained Mariah was the victim of abuse and noted her body was covered in bruises.
The appeals court sent the case back to Nelson in June, asking he also make recommendations in the other three claims.
Nelson found in favor of Lucio in the other three claims as well, including faulting prosecutors for presenting medical expert testimony that claimed the girl’s injuries could only have been caused by abuse and presenting “scientifically wrong testimony” from a Texas Ranger who claimed he could tell Lucio was guilty based on her demeanor and body language when interrogated.
AUSTIN (AP) —The Onion’s winning bid for Alex Jones ’ Infowars platform is under review by a federal bankruptcy judge after Jones and his lawyers complained about how an auction was conducted.
The satirical news outlet was announced as the winning bidder on Thursday in an auction that is part of Jones’ personal bankruptcy. Hours later, Infowars headquarters in Austin, Texas and its websites were shut down and Jones was broadcasting from a new studio he had set up before the bankruptcy auction. By Friday morning, Infowars and its websites were back up and running for reasons that were not entirely clear.
At a hastily called court hearing in Houston on Thursday, Judge Christopher Lopez ordered another hearing to be held next week. He wants to know what happened with the auction and how the bankruptcy trustee chose The Onion over the only other bidder — a company affiliated with a Jones product-selling website.
A court hearing is typically held after a bankruptcy auction to finalize the winning bids and sales, and to hear any objections, so the process in Jones’ case hasn’t strayed far from the usual — yet.
Here’s a look at the bankruptcy auction and what could happen next: Why was Infowars up for auction?
Jones declared personal bankruptcy in late 2022 after he was ordered to pay nearly $1.5 billion to families of victims of the Sandy Hook Elementary School shooting in Connecticut who sued him for defamation for repeatedly calling the massacre a hoax aimed at increasing gun control.
Relatives of some of the 20 first graders and six educators who were killed in the 2012 shooting said Jones’ followers harassed and threatened them as a result of his lies. Jones has since acknowledged the shooting was “100% real.”
As part of the bankruptcy, Jones’ personal assets and Infowars’ parent company, the Jones-owned Free Speech Systems, were to be sold at auction, with the Sandy Hook families and Jones’ other creditors getting the proceeds. How The Onion was named the winning bidder
The bankruptcy trustee overseeing the sale chose from sealed bids. He received two.
One was from the Jones-affiliated First United American Companies, which offered $3.5 million, the trustee revealed in court Thursday. The other, from The Onion, was lower but contained an incentive by some of the Sandy Hook families to forgo a portion of the sale proceeds and give it to other Jones’ creditors, the trustee, Christopher Murray, said.
Murray said he determined The Onion’s offer, although unusual, was better overall, because it would provide more money to Jones’ creditors than the other bid. But he also said he could not yet put a dollar figure on The Onion’s bid when the families’ offer was factored in.
Judge Lopez indicated that he had expected prospective buyers would be given a chance to outbid each other after the bids were unsealed.
His 20-page order on the sale procedures in September, however, made such a bidding round optional. And it gave broad authority to Murray to conduct the sale, including the power to reject any bid, no matter how high, that was “contrary to the best interests” of Jones, his company and their creditors. Infowars reopens after shutting down
Murray had Infowars’ website and studio shut down Thursday as he began the process of securing assets, a lawyer for the trustee said in court Thursday. But on Friday, Infowars and its websites were back up and running.
On his show, Jones told listeners that Murray had told him it was wrong to shut down Infowars before the sale was finalized. Murray and his lawyer did not immediately return phone messages and emails seeking comment.
What’s next in court?
The judge said he had concerns about the auction process and transparency. Both sides are expected to present evidence at next week’s hearing.
Jones and a lawyer for First United American Companies allege Murray improperly selected The Onion’s bid and unexpectedly changed the sale process Monday after the sealed bids were submitted, by deciding not to hold a round of bidding on Wednesday. They also questioned the legality of The Onion’s bid.
Murray said denied doing anything improper and said he followed the judge’s auction rules.
Lopez would rule on whether the trustee properly ran the auction and selected The Onion as the winning bidder. If not, the possibilities include reopening the sale and holding an auction where potential buyers could outbid each other. The judge has the ultimate authority to accept or reject any sale of Infowars.
An exact date for the hearing had not yet been scheduled by Friday afternoon.
What are The Onion’s plans for Infowars?
The Onion — which carries the banner of “America’s Finest News Source” on its masthead — was founded in the 1980s and for decades has skewered politics and pop culture. It hopes to reopen the Infowars website in January as a parody of Jones and other conspiracy theorists.
“Our goal in a couple of years is for people to think of Infowars as the funniest and dumbest website that exists,” Ben Collins, the Onion’s CEO, told The Associated Press. “It was previously the dumbest website that exists.”
LEESBURG -Our news partners at KETK report that man has been sentenced to more than 19 years in prison after he pleaded guilty to drug and firearms charges on Thursday.
Nathan Paul Hart, 36 of Leesburg, pleaded guilty to conspiracy to possess with intent to distribute methamphetamines and possession of a firearm for a drug trafficking crime, according to the U.S. Attorney for the Eastern District of Texas Damien M. Diggs.
According to Diggs, Hart was then sentenced to 170 months for the drug charge and 60 months on the firearms charge for a total of 230 months or 19.167 years. Federal court records showed that between August 2019 and August 2021, Hart was a part of a group who conspired to bring more than 1.5 kilograms of methamphetamines into East Texas. In November of 2020, Hart was stopped with another person in a car that was carrying around two kilograms of meth and a pistol. He also reportedly admitted to sending more than $22,000 to California to purchase drugs.
Hart will serve his two sentences one after the other and has also been ordered to forfeit $250,000, Diggs’ press release said. The Drug Enforcement Administration, the Texas Department of Public Safety and the U.S. Postal Inspection Service – Criminal Investigations were all involved in the case
UPDATE: The Henderson County Sheriff’s Office said Mia James has been found safe.
ATHENS – Our News Partner, KETK, reports that the Henderson County Sheriff’s Office is searching for an 11-year-old girl who “is believed to have been picked up by an unknown subject.”
According to the department, Mia James, is around 5’11” tall and weighs 98 pounds. She was last seen near her home on County Road 3925 north of Athens while wearing black shorts and a teal hoodie with with the word “Venom” on it.
Anyone with information about Mia’s location is asked to call the sheriff’s office at 903-675-5128.
AUSTIN – Our news partner, KETK, reports that the Texas Supreme Court denied a petition from the Texas House of Representatives on Friday and ruled that a committee subpoena can’t block a scheduled execution like Robert Roberson’s was on Oct. 17.
The Texas House of Representatives Committee on Criminal Jurisprudence had asked the court for a writ of mandamus that would stop the Texas Department of Criminal Justice from executing East Texan Robert Roberson before he could testify in person or before the start of the 89th Texas Legislature on Jan. 14, 2025.
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JACKSONVILLE – James Warnell Phillips of Jacksonville has been sentenced to life in prison after pleading guilty on Wednesday to two counts of continuous sexual abuse of a child. According to our news partner KETK and the Cherokee County District Attorney’s Office, charges against Phillips were brought after it was determined he had continuously sexually abused minors for 11 years. The case against him was prosecuted by Assistant District Attorney Jonathan Richey and Cherokee County District Attorney Elmer Beckworth.
LONGVIEW — Our news partner, KETK, reports that an East Texas woman has become the target of social media users who blame her for Peanut the squirrel’s death. The mother of two is now sharing her side of the story in an attempt to clear her name.
Mark Longo, the man who rescued Peanut, posted that a raid had been conducted at his home by New York’s Department of Environmental Conservation, who took Peanut and Fred the raccoon. The raid was conducted after the DEC received “multiple reports from the public about the potentially unsafe housing of wildlife that could carry rabies and the illegal keeping of wildlife as pet.”
Later, the DEC and Chemung County Department of Health confirmed that Peanut and Fred had been euthanized after biting one of the investigators issuing a need to conduct a rabies test, that would later come back as negative.Longo took out his frustrations online and posted: “Well internet, you WON,” Longo posted. “You took one of the most amazing animals away from me because of your selfishness. To the group of people who called DEC, there’s a special place in hell for you.” Continue reading Longview woman accused in Peanut the Squirrel death
LONGVIEW — The Longview City Council has voted to approve an ordinance to require owners to spay and neuter stray dogs and cats. According to our news partner KETK, the step was taken by the council in order to fix their stray animal problem and prevent overcrowding. The council voted 6-1 to implement a new ordinance and enact pet and breeder permits for owners of loose dogs and cats.
“It really has the ability, like a pebble in the in the pond, to reverberate throughout East Texas,” said Kelly Heitkamp, an animal welfare attorney.
The Longview Animal Advisory committee worked for months to find a solution to overcrowding and the safety of their residents. The ordinance will require owners of stray dogs and cats to be sterilized. Sterilization requirements and the intact pet permit include exemptions such as infertility or chronic health issues, according to the city. Continue reading City of Longview approves spay and neuter ordinance
HOUSTON (AP) — A Texas man charged with trying to provide material support to the Islamic State group and planning violent attacks in Houston appeared in federal court Thursday.
Anas Said is accused of offering his home as a safe sanctuary for members of ISIS and saying he wants to take part in a terrorist attack like 9/11, according to court records. Federal prosecutors allege Said had spent time planning and discussing committing attacks in Houston, where he lived, and had used the internet to research how to make explosives and use cellphones as remote detonators.
“He has created videos extolling the ‘virtue’ of ISIS, the violence and death brought by ISIS, and the need for the terror perpetrated by ISIS to continue,” according to court documents. “He is dedicated to his mission to provide material support to ISIS in whatever form that may take.”
Said, 28, was arrested last week and on Thursday pleaded not guilty to one count of attempting to provide material support or resources to a designated foreign terrorist organization. Said, who authorities said was born in Houston but spent part of his childhood in Lebanon, will remain in federal custody.
Said has been on the FBI’s radar since 2017, said Douglas Williams Jr., special agent in charge of the FBI’s Houston office.
“To those wannabe terrorists who believe they can hide behind encrypted apps or anonymous social media profiles, please understand that we will find you and we will hold you to account,” said U.S. Attorney Alamdar Hamdani.
Baldemar Zuniga, Said’s attorney, said in a statement that the allegations against his client revolve around providing support to ISIS only through videos and propaganda.
“Despite allegations that my client made statements to government agents regarding proposed terrorist acts, the indictment does not currently allege any planning, or acts of terrorism. This appears to be a lengthy investigation and it will take some time to sift through all of the evidence,” Zuniga said.
If convicted, Said faces up to 20 years in federal prison.
(NEW YORK) -- Women are stocking up on birth control and asking for long-term contraception methods following President Donald Trump being elected to a second term last week, doctors say.
Searches for "birth control" and "Plan B" doubled between Nov. 2 and the two days after the election, with a notable spike the day after the election, Google Search data shows.
Doctors told ABC News that patients are worried that access to birth control and contraception might be limited after Trump takes office due to efforts made during his first term and comments made on the campaign trail.
Dr. Brittany Cline, an OB-GYN at Northwestern Medicine, in Chicago, said she has seen an increase in the number of appointments being made for contraceptive or birth control counseling as well as appointments for long-acting contraceptives being either inserted or replaced or exchanged.
"We have, in clinic, seen many patients coming in for their [intrauterine device] replacements, even this week," she told ABC News. "On Monday, I used all of our intrauterine devices that the clinic had, and I think that this is going to continue over the next few months and even years down the line, as people try to take some control over their bodies."
Cline said she also received a message from a patient this week requesting four years of her birth control prescription be sent to a pharmacy.
'That's something that I have not, you know, seen before. Usually, we supply, you know, 12 months, one year at a time," she said. "We do know that as many medications, there is a shelf life, and so it would not be safe for me to prescribe four years' worth of contraception to a patient because of the shelf life."
Dr. Leslie Kantor, professor and chair of the Department of Urban Global Public Health at the Rutgers School of Public Health, in New Jersey, told ABC News that she has heard anecdotal reports of more traffic to websites that have information about birth control.
She said patients may be worried because of the federal contraceptive coverage guarantee. Under a provision of the Affordable Care Act, most private insurance plans must cover the full cost of most contraceptives, such as birth control, without making patients pay out-of-pocket costs.
If the incoming Trump administration allows employers and schools to use religious and moral exemptions to prevent coverage of contraceptives, as the White House did during Trump's first term, this may lead to out-of-pocket costs that make contraceptives unaffordable to some, experts previously told ABC News.
The experts say patients may be concerned due to comments Trump made on the campaign trail suggesting he's open to restricting contraceptives.
During an interview with Pittsburgh TV station KDKA-TV, Trump was asked if he supports any restrictions on a person's right to contraceptives.
"Well, we're looking at that and we're going to have a policy on that very shortly," Trump responded. "And I think it's something you'll find interesting and it's another issue that's very interesting."
When asked to clarify if he was suggesting he was open to supporting some restrictions on contraceptives, "like the morning-after pill," Trump dodged, saying. "Things really do have a lot to do with the states -- and some states are going to have different policy than others."
Some states have also taken it upon themselves to provide contraception access. In Michigan, Gov. Gretchen Whitmer launched Take Control of Your Birth Control, a program to provide Michigan families access to free contraception including over-the-counter oral birth control pills, emergency contraception, condoms and family planning.
Both Cline and Kantor recommended that patients speak to their health care providers about the best birth control method for them as well as what options are available for them down the road.
"The advice that I would give to people right now is this is a great time to figure out the best birth control method for you, and you can do that in a variety of ways," Kantor said. "It's a terrific time to find an ongoing method of birth control that will work. …There's no reason, however, to panic. Access to birth control is not going away tomorrow, and in fact, it's not going away on the day that Trump becomes president."
ABC News' Lalee Ibssa, Soo Rin Kim and Kelsey Walsh contributed to this report.
