World

San Francisco swimmer ‘badly beaten’ during car theft

San Francisco swimmer ‘badly beaten’ during car theft 1070 602 NewsExpress

SAN FRANCISCOA San Francisco swimmer is in the hospital after he was badly beaten by carjackers Friday morning.

San Francisco police said he was attacked by two unknown suspects after he parked his car at Hyde and Beach Streets. Police and paramedics responded just before 6:00 on Friday morning, and found the victim injured. He was taken to the hospital.

The victim was identified by family and friends as Andrew Cotter, a well-known swimmer at the South End Rowing Club who frequently volunteers at the club.

Members at the Club received an email notifying them of the attack, which read, one of their members was “”badly beaten after parking his car… and he was robbed and his car was stolen.”

“I am shocked that this happened,” said club member Christian Einfeldt.

Joyce Shanahan, another swimmer at the club, arrived just after the attack. “I was walking in from the museum parking and I just saw a bunch of police cars,” she said. “I didn’t think much of it until I heard what happened.”

“He was trying to hold his face together,” she added.

Other club members came to his aid.

“It’s really a tragedy because he’s a great volunteer for the south end rowing club, he’s very kind, he never has a bad word for anyone and he’s one of the fastest swimmers in the south end rowing club, which really says a lot,” said Einfeldt.

Swimmers at both the South End Rowing Club and the Dolphin Club often arrive in the early morning hours for a swim.

“We start out with blinkers when we swim because it’s dark,” said Shanahan. “I’m hoping the police will take this seriously and do a little patrolling.”

The Club announced they would be hosting a public safety meeting with police for their members in the near future.

Andrew’s father, Tom Cotter, told KTVU that Andrew is going to be okay, but he would be needing surgery for injuries to his face.

In the meantime, the swimming community has started a GoFundMe to help Andrew cover medical expenses in his recovery.

“Andrew, if you’re seeing this, I hope you get well soon. We miss you and we really love you,” said Einfeldt.

SFPD said no arrests have been made at this time. Anyone with information is asked to call the SFPD Tip Line at 1-415-575-4444 or Text a Tip to TIP411 and begin the text message with SFPD. You may remain anonymous.

Bald eagle dad sees third egg for the first time in CA nest, video shows. ‘So proud’

Bald eagle dad sees third egg for the first time in CA nest, video shows. ‘So proud’ 1140 713 NewsExpress

Bald eagle dad Shadow has been anxiously waiting for his turn to tend to eggs in a snow-covered nest in California, a nonprofit said.

When Shadow finally got his moment, he was greeted with a big surprise: There were now three eggs, Friends of Big Bear Valley executive director Sandy Steers said in a Facebook post.

Jackie laid her third egg before 6 p.m. Feb. 1 in Big Bear. But she spent the entire night incubating the eggs as snow piled onto the nest and covered her wings, a video shows.

“No matter how many times Jackie got covered with snow during the storm, she simply stood up, shook it off, rolled her eggs and settled back down to incubate them,” Steers said in the post.

Shadow had been spotted nearby, but the nonprofit said Jackie wasn’t ready to give up her turn tending to the eggs.

However, by the next afternoon Jackie flew off, and “within seconds” Shadow landed on a branch near the nest, the video shows.

He curiously approached the eggs and tried to settle over them, but he had to keep readjusting so they would all fit under his brood patch, the video shows.

Eventually he lowered down successfully.

Jackie laid her first egg Jan. 25, and her second egg followed three days later, McClatchy News previously reported.

Hundreds of people commented their excitement for the eagles on the Facebook post.

“So cute how he was navigating the three to position over and rocking so proud back and forth like ‘I’ve got three eggs here!!!’” one person commented.

“What a privilege to be part of this incredible story,” another person wrote.

Jackie keeps her three eggs warm during the Feb. 1 snow storm in Big Bear, California.

Jackie keeps her three eggs warm during the Feb. 1 snow storm in Big Bear, California.

Eagles lost two eggs in 2023

Last year, Jackie and Shadow weren’t so lucky. They abandoned their nest with two unhatched eggs, McClatchy News previously reported.

Jackie laid her first egg of 2023 on Jan. 11, then her second one three days later in the middle of a storm.

The two protected the eggs from predators, cold weather and snow. But the eggs never hatched and eventually became a snack for a hungry raven.

The bald eagles have been successful in the past, though. In 2022, one of their two eggs hatched and was named Spirit, according to the nonprofit.

The baby eagle was believed to be a female by the nonprofit and fledged that year.

Big Bear Lake is about 95 miles northeast of Los Angeles.

Bald eagles Jackie and Shadow are seen in the nest together hours before Jackie lays her first egg Jan. 25.

Bald eagles Jackie and Shadow are seen in the nest together hours before Jackie lays her first egg Jan. 25.

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Hamas demands Israel release Marwan Barghouti, a man some Palestinians see as their Nelson Mandela

Hamas demands Israel release Marwan Barghouti, a man some Palestinians see as their Nelson Mandela 2000 1414 NewsExpress

JERUSALEM (AP) — He’s viewed by some Palestinians as their Nelson Mandela, and he’s a prime candidate to become their president in the future. He’s also the highest-profile prisoner held by Israel.

Now Marwan Barghouti‘s freedom is at stake in cease-fire negotiations between Hamas and Israel. Hamas leaders demanded Friday that Israel release Barghouti, a leader of the militant group’s main political rival, as part of any deal to end the fighting in Gaza.

The demand brings new attention to Barghouti, who plays a central role in Palestinian politics even after spending more than two decades behind bars. His release could lay the groundwork for his eventual election to national office.

Hamas’ gambit to free him appears to be an attempt to rally public support for the militant group as well as a recognition of his status as a uniquely unifying Palestinian figure.

“Hamas wants to show to the Palestinian people that they are not a closed movement. They represent part of the Palestinian social community. They are trying to seem responsible,” said Qadoura Fares, who heads the Palestinian Ministry of Prisoner Affairs in the occupied West Bank and has long been involved in negotiations over prisoner releases.

Senior Hamas official Osama Hamdan called for Barghouti’s release as international mediators try to push Israel and Hamas toward an agreement after nearly four months of war.

Israel is seeking the release of more than 100 hostages still held by Hamas in Gaza. Hamas is demanding an end to Israel’s devastating military offensive and the release of thousands of Palestinian prisoners.

The war broke out Oct. 7, when Hamas fighters crossed into Israel, killing some 1,200 people and dragging 250 hostages back to Gaza. The Hamas attack triggered an Israeli ground and air campaign that has killed more than 27,000 Palestinians, according to local health officials, and triggered a humanitarian catastrophe in Gaza.

Over 100 hostages were released during a weeklong truce in November. Israel estimates 136 hostages remain in captivity, though 20 have been pronounced dead. With protests calling for the hostages’ immediate release sweeping Israel, and fears that time is running out to bring them home safely, pressure is mounting on Prime Minister Benjamin Netanyahu to reach a deal.

For Palestinians, the plight of their imprisoned loved ones is deeply emotional. While Israel considers “security prisoners” to be terrorists, Palestinians widely see them as heroes battling Israeli occupation. Virtually every Palestinian has a friend, relative or acquaintance who has been imprisoned.

The Israeli human rights group HaMoked says Israel is currently holding nearly 9,000 security prisoners. Hamas seeks the release of all of them. But in his remarks Friday, Hamdan mentioned only two by name — Barghouti and Ahmad Saadat.

Saadat heads a small faction that killed an Israeli Cabinet minister in 2001 and is serving a 30-year sentence for allegedly participating in attacks.

Palestinians see the 64-year-old Barghouti, a member of Palestinian President Mahmoud Abbas’ Fatah party, as a natural successor to the 88-year-old Abbas, who leads the internationally recognized Palestinian Authority, the self-ruled government that administers parts of the Israeli-occupied West Bank.

Abbas, whose forces in Gaza were overrun by Hamas in 2007, hopes to regain control of the territory after the war. But he is deeply unpopular because of corruption within the authority and because of his security coordination with the Israeli army.

Palestinians have not held elections since 2006, when Hamas won a parliamentary majority.

Fares, a Barghouti supporter, said that if Barghouti is released, he could become a consensus candidate in a round of new elections that Hamas, Fatah and other Palestinian factions could rally behind. A wartime opinion poll published in December showed Barghouti to be the most popular politician among Palestinians, ahead of both Abbas and Hamas’ leader, Ismail Haniyeh.

Israelis see Barghouti as an arch-terrorist, and convincing Israel to free him will be an uphill battle.

Barghouti, a leader in the West Bank during the second Palestinian uprising in the early 2000s, is serving five life terms for his role in several deadly attacks. During that uprising, Palestinian militants carried out deadly suicide bombings and shooting attacks in Israel and the Palestinian territories, targeting buses, restaurants, hotels and Israelis driving in the West Bank, eliciting crushing Israeli military reprisals.

In 2002, Barghouti was arrested on multiple counts of murder. He did not offer a defense, refusing to recognize the court’s authority. Since then, he has repeatedly thrust himself into the spotlight.

In 2021, he registered his own list for parliamentary elections that were later called off. A few years earlier, he led more than 1,500 prisoners in a 40-day hunger strike to call for better treatment in the Israeli prison system. From jail, he has continued to call for a Palestinian state in the West Bank, Gaza and east Jerusalem — lands Israel seized in the 1967 war.

Barghouti was born in the West Bank village of Kobar in 1962. While studying history and politics at Bir Zeit University, he helped spearhead student protests against the Israeli occupation.

He emerged as an organizer in the first Palestinian uprising, which erupted in December 1987, but Israel eventually deported him to Jordan. He returned to the West Bank in the 1990s, as part of interim peace agreements that were meant to pave the way for a Palestinian state but got bogged down by the end of the decade when a second uprising erupted.

Barghouti was seen as political leader of the armed wing of Fatah at the time.

Israel has previously rejected calls to free him. It refused to include him in a 2011 exchange of more than 1,000 Palestinian prisoners for a single soldier held captive in Gaza by Hamas, said Fares, who was party to the negotiations. Yehya Sinwar, the current Hamas leader in Gaza and a mastermind of the Oct. 7 attack, was freed in that exchange.

The 2011 negotiations revolved around the release of a single hostage. With the lives of over 100 hostages now hanging in the balance, there is more pressure than ever on Israel to release Palestinian prisoners. That may make conditions ripe for a deal that could simultaneously win Barghouti’s release and bolster Hamas’ standing among Palestinians.

“Hamas is more strong and more clever than ever before,” Fares said. “They understand how necessary it is for the Palestinian people to have consensus.”

Watch: Police find secret door to hidden Cleveland nightclub

Watch: Police find secret door to hidden Cleveland nightclub 142 21 NewsExpress

CLEVELAND (WJW) – Video released to the FOX 8 I-Team shows Cleveland police uncovering a secret doorway to a hidden nightclub.

So, we investigated the story behind it.

The video takes you inside a hidden world police didn’t even know existed until one officer took a few extra steps and pushed open a door.

The case started with police checking out a coffee shop where workers were suspected of selling alcohol. Officers went to a building at East 186th and St. Clair.

Mom hands new baby to firefighter under Safe Haven Law

“We’re getting a lot of complaints for this place.” one officer told people there.

“Complaints?” a man responded.

“Open late. Large crowds. I’m like, a coffee shop, open late?” the officer continued.

“I think you all have the wrong place,” another man answered.

Police discovered the coffee shop had no permits to sell liquor or food.

Meanwhile, an officer said, “let me do a quick check.”

Then, when one officer takes a walk to the back, she goes through a door to the bathrooms and pushes open another dor. Turns out, that door leads to a bar.

“There’s another bar in here,” that officer said. “This separate from that over there?”

“Yeah, I’m the owner. This is called Lovey’s,” a woman responded.

Through the door, 5th district officers uncovered a bar with a full kitchen, but the bar had no permits either.

So, police shut down the bar and the coffee shop, all in the same building. It happened last year, and the police video has now been released to the I-Team.

As officers took action, they learned how the two operations were connected.

You hear police saying to a woman in the bar, “How you get in here?… Back door, maybe?”

“We share the bathrooms,” the woman explained.

Local rail crossing finally getting fixed: I-Team

We wondered what has happened since then. So, we went back for a look. We found no activity.

Police say they also went back to make sure liquor sales hadn’t started up again. One night, they watched liquor being packed up and hauled out.

Back to the video, a police supervisor tells the woman at the bar, “you guys can’t be open at all, OK?”

Police did not file any charges. They say the people running those two businesses did shut down as soon as they were ordered to do it.

For the latest news, weather, sports, and streaming video, head to Fox 8 Cleveland WJW.

Man Seemed Shocked Police Chased Him Across State Lines

Man Seemed Shocked Police Chased Him Across State Lines 1920 1080 NewsExpress

Read the full story on The Auto Wire

Man Seemed Shocked Police Chased Him Across State Lines

Man Seemed Shocked Police Chased Him Across State Lines

One of our favorite things to do back in the day was to watch an episode of The Dukes of Hazzard. At the time we didn’t know our viewership was helping to make those Dodge Chargers far rarer. Instead, we were just having fun. Apparently, some people thought the show was a bit of a documentary or at least a how-to guide on getting away from the law as the Duke boys ditched Boss Hogg at the county line over and over again.

Watch teenagers laugh after crashing a car into a storefront.

At least, we think that might be why this guy tried outrunning Arkansas State Police to the Oklahoma state line like somehow once he got over that he was on home base and couldn’t be tagged. If someone’s told you that’s how things work in these modern times of ours, we’re here to tell you they don’t know what they’re talking about.

While it’s not always clear-cut, typically neighboring states have an understanding that they can chase suspects across the state line an apprehend them. Call it a common courtesy, but they of course need to let the local law enforcement agencies they’re in the area and why. But that doesn’t mean if you don’t want to get a speeding ticket and you’re near another state, you can just haul across that line and you’re off the hook.

This guy blasted past an ASP trooper at 117 mph, so he was definitely going to get a big, fat ticket. We just naturally assumed when he didn’t pull over that the guy had warrants, was driving a stolen vehicle, or had illegal stuff in his car. Boy were we wrong.

After he crossed the state line, the guy started slowing down. Perhaps he realized ASP absolutely would cross into Oklahoma and arrest him. However, as he was getting cuffed he told the trooper he was speeding because he thought he was having a heart attack. We’re sure cops have heard this before, but what do you all think of that?

UK aircraft carrier sidelined from largest NATO exercises since Cold War due to propeller problem

UK aircraft carrier sidelined from largest NATO exercises since Cold War due to propeller problem 2560 1593 NewsExpress

LONDON (AP) — A British aircraft carrier that had been set to lead the largest NATO exercises since the Cold War will not set sail Sunday after a problem with its propeller was discovered during final checks, the Royal Navy said.

The HMS Queen Elizabeth will not join the exercises off Norway’s Arctic coast and will be replaced by the HMS Prince of Wales.

The change of plans is almost a reverse scenario of what happened in August 2022 when the Prince of Wales broke down with a propeller problem on its way to carry out training exercises with the United States and Canada off North America. The carrier had to be towed back to port from the Isle of Wight and the HMS Queen Elizabeth took its place in the exercises.

With the HMS Queen Elizabeth sidelined, the navy may not be able to deploy an aircraft to the Red Sea — as armed forces minister James Heappey has suggested — where hostilities have been heating up with Iran-backed Houthi rebels targeting cargo ships in the waters connecting Asia with Europe and the U.S.

The U.K. joined the U.S. Saturday in striking 36 Houthi targets in Yemen in a second wave of assaults meant to further disable Iran-backed groups that have relentlessly attacked American and international interests.

The propeller problem is the second setback for the Royal Navy in less than three weeks, following a collision by two warships in a harbor in Bahrain, causing damage to the vessels but no injuries.

Military officials said they were investigating the cause of the collision in which the HMS Chiddingfold appeared to reverse into the HMS Bangor as it was docked. The two minehunters were based in the Middle East to help protect merchant vessels.

The HMS Prince of Wales will now lead Exercise Steadfast Defender with a carrier strike of eight ships, four British, along with U.S., Spanish and Danish vessels.

Diplomatic tensions between Ecuador and Russia over military equipment threaten banana exports

Diplomatic tensions between Ecuador and Russia over military equipment threaten banana exports 2560 1707 NewsExpress

QUITO, Ecuador (AP) —

A diplomatic rift between Ecuador and Russia appeared to intensify over the weekend after the European nation decided to ban some imports of bananas from Ecuador.

The two countries have been at loggerheads recently after Ecuador decided to transfer some of its old Russian military equipment to the United States, in exchange for $200 million in new military gear.

On Saturday, Russia’s federal agency for veterinary and phytosanitary controls announced it was banning imports from five Ecuadorian banana companies, claiming that a disease had been found in previous shipments of their fruits.

Ecuador is the world’s leading banana exporter, with sales worth around $3.5 billion in 2022. Around a fifth of its annual sales goes to Russia.

Russia’s decision to ban some banana imports came after President Daniel Noboa announced in January that Ecuador would transfer several tons of old Russian-made military equipment to the United States.

Noboa said the equipment was no longer usable, and described it as “scrap metal” that would be replaced with new equipment needed to fight the drug gangs which have been terrorizing the country.

Russia’s foreign ministry protested Noboa’s decision, saying that it violated a contract which stipulated that Ecuador could not sell the equipment to third parties without Russia’s consent.

Carlos Estarellas a former Ecuadorian vice minister for foreign affairs said that Russia’s decision to ban some banana imports could be in retaliation for the decision to send the old military equipement to the U.S.

“One would hope that this impasse can be solved through diplomatic talks,” Estarellas said.

Richard Salazar, the director of ACORBANEC, one of Ecuador’s main associations of banana exporters, said that he was “surprised” by Russia’s “drastic” decision, though he added that at least 15 companies continue to export bananas to Russia.

“It’s a very important market for us,” he said, “and a market that would be difficult to replace.”

Salazar said his association hadn’t been officially notified of the ban, but was seeking a meeting with authorities in Russia to address the problem and try to get the ban overturned.

An Atlanta attorney was sentenced to life in prison for killing his wife after a weekend getaway. Now he may soon be released

An Atlanta attorney was sentenced to life in prison for killing his wife after a weekend getaway. Now he may soon be released 960 540 NewsExpress

All Dani Jo Carter heard was a bang.

It was September 25, 2016, but it still felt like a warm, summer night. Stopped at a red light in the heart of downtown Atlanta, Carter gripped the steering wheel of the white Ford Expedition and looked to her right, where Diane McIver, a well-known business executive and her best friend of more than 30 years, sat in shock.

Behind Diane sat her husband, Claud Lee “Tex” McIver, an attorney with powerful political connections, with a gun in his lap.

“Tex, you shot me,” Diane muttered, slumping forward. Hours later, she was pronounced dead at an Atlanta hospital.

Her husband was charged in the killing, and his 2018 criminal trial, which spanned more than a month and featured dozens of witnesses, led to his felony murder conviction.

Claud "Tex" McIver enters the courtroom holding a bible filled with papers before his sentencing at the Fulton County courthouse in Atlanta in May 2018. - Alyssa Pointer/Pool/Atlanta Journal-Constitution/AP

Claud “Tex” McIver enters the courtroom holding a bible filled with papers before his sentencing at the Fulton County courthouse in Atlanta in May 2018. – Alyssa Pointer/Pool/Atlanta Journal-Constitution/AP

Jurors found McIver guilty of intentionally shooting his wife, and he was sentenced to spend the rest of his life behind bars.

But now, nearly six years since that trial, McIver, 81, may soon walk out of prison after a plea deal that could mark the end of a tragic and convoluted case of wealth, power and controversy that captured global headlines.

A second trial ends as soon as it begins

In 2022, the Georgia Supreme Court threw out the guilty verdict against McIver, ruling jurors should have been allowed to consider a lesser charge. Fulton County District Attorney Fani Willis announced she would retry McIver for felony murder, setting the stage for a second trial in December 2023.

But the new trial was halted indefinitely as soon as jury selection began over evidence issues.

And last Friday, with the second trial never making it any further, McIver took a negotiated deal and pleaded guilty to the lesser charge of felony involuntary manslaughter, admitting he acted recklessly with the gun but did not intentionally shoot his wife.

“This resolution that the lawyers on both sides have reached is one that will allow the greatest number of people to move forward as best they can,” Fulton County Superior Court Judge Robert McBurney said last Friday.

McIver’s negotiated sentence – including eight years in prison – is largely offset by the roughly 6.5 years he’s already spent behind bars, his attorney Don Samuel told CNN, adding he could be released on parole any day – if the parole board approves. Once he is released, McIver will be on probation at home, with a strict curfew and ankle monitor, according to the plea agreement.

A dark night, a traffic jam and a gunshot

On that night in 2016, Carter and the McIvers were on their way back to Atlanta after a weekend at their sprawling ranch about an hour away in Putnam County, where they had horses, a guest house and a saloon-style entertainment area among other amenities. Carter and Diane chatted for most of the drive after the group stopped for dinner. In the back seat, Tex appeared to nod off.

CNN gathered details of Diane’s last night from witness testimony during McIver’s 2018 murder trial and from the June 2022 state Supreme Court ruling that reversed his conviction.

A family photo of Tex McIver and his wife, Diane. - From McIver Family/WSB

A family photo of Tex McIver and his wife, Diane. – From McIver Family/WSB

For a Sunday evening, traffic was heavy on the interstate. A string of red brake lights stretching far into the distance welcomed them to the city. At the urging of her friend, Dani Jo Carter took an early exit off the highway, to return to the McIvers’ lavish Buckhead condo through the downtown streets.

“This is a really bad area,” McIver complained from the backseat as they exited the highway, saying they were in a bad part of town. He would later tell investigators the area was dark and had a “particularly high population” of homeless people.

McIver asked his wife for his gun, and she reached into the SUV’s center console and handed back a .38 caliber revolver inside a Publix bag.

Soon, they reached a stoplight.

The conversation stopped. Carter heard Diane locking the car doors as they waited. Then, came the bang.

A massive auction, conflicting statements and questions

Prosecutors in the 2018 trial argued McIver had intentionally killed his wife for her money.

Diane was described by those who knew her as a good friend and a brilliant businesswoman. She rose from a bookkeeper to the president of a real estate business and owned, or partly owned, at least three other companies. Tex was a partner at a large law firm with offices across the US and sat on the state’s election board, which oversees voting and election procedures. When the pair got married, they kept their finances separate, prosecutor Seleta Griffin had told jurors.

Tex McIver’s life had begun “spinning out of control” before Diane’s death, Griffin said. His salary saw a steep decline as he prepared to retire and he borrowed large sums of money from Diane to try and keep up with his affluent lifestyle, including a $350,000 loan that would allow her to foreclose on the couple’s ranch if he couldn’t pay on time. Who would get that ranch after the couple died was a point of contention, prosecutors said. McIver wanted to leave it to a son from a previous marriage, while Diane wanted it to go to their godson.

In the months after Diane’s death, McIver auctioned off her expensive belongings – a quick sale prosecutors argued showed he was focused on money. McIver said he was advised by an attorney to sell his late wife’s things to fulfill her will’s responsibilities.

Preparations are shown for the estate sale of Diane McIver's wardrobe, showing her clothing and jewelry items in a warehouse showroom in December 2016 in Atlanta. - Hyosub Shin/The Atlanta Journal-Constitution/TNS/Zuma

Preparations are shown for the estate sale of Diane McIver’s wardrobe, showing her clothing and jewelry items in a warehouse showroom in December 2016 in Atlanta. – Hyosub Shin/The Atlanta Journal-Constitution/TNS/Zuma

“He sold her hats, shoes, purses, her fur coats. Why?” lead prosecutor Clint Rucker said in 2018 closing statements, arguing obligations in her will still were not fulfilled after those sales. “He didn’t care about Diane McIver; he just wanted her money.”

The state also argued McIver’s comments and actions after his wife’s death suggested he was dishonest and lacked remorse.

An emergency room nurse told the court she heard him say he shot Diane while cleaning the gun in his bathroom. (Defense attorneys pointed out no other nurses heard McIver make that comment.) A man who had worked for Diane testified McIver told him they had been in a car accident and his wife was killed.

Another witness also testified that about a month after Diane’s death, McIver spoke about a woman he had dated and said maybe he could “get her back.”

Prosecutors also argued McIver had a financial motive by saying his net worth shot up when Diane died, and after her death, he became the executor and one of the beneficiaries of her multimillion-dollar estate.

“On September 25, 2016, Diane was making all of the money. Diane owned the two condos in Buckhead. Diane could take the ranch – this ranch, according to the witnesses, that was his pride and joy,” Griffin said in the trial. “The easiest way for him to gain control was to kill Diane.”

But the defense argued that because McIver served as the executor of his wife’s estate, he did not have control of her money, but had to fulfill bequests in her will and pay off other obligations, including funeral expenses. And, the defense said, Diane’s death cut off a regular cash flow McIver received from her.

“There is no doubt that Tex McIver depended on his wife’s money,” defense attorney Bruce Harvey said in trial. “It would have been financially detrimental to him to concoct a plan to deliberately take the life of his wife.”

Defense attorneys argued the shooting was a horrible accident and the gun was accidentally fired when McIver, who they said suffered from a sleeping disorder, was startled. And, the defense said, killing Diane on that drive just didn’t make sense – a point also made by the state’s highest court.

“If McIver intended to fatally shoot Diane, why would he do it in the presence of Carter, and why would he do it in midtown Atlanta, within a few miles of several major hospitals, instead of on a rural interstate, far from any medical aid?” the state’s supreme court ruling said.

Georgia’s Supreme Court sides with McIver, throws out verdict against him

Jurors found McIver guilty of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony. They acquitted him of malice murder, finding while he did not intentionally kill his wife, he did purposefully shoot her.

He was also convicted on one count of influencing a witness, stemming from a comment McIver made to Dani Jo Carter on the night of Diane’s death, instructing her to tell authorities she was not in the SUV at the time of the shooting. He has already served the five-year sentence for that count and the state’s supreme court did not overturn that conviction.

McIver appealed his murder conviction, arguing there was enough evidence presented at trial for the judge to have allowed jurors the option to consider a lesser charge of misdemeanor involuntary manslaughter – which carries a much lighter sentence.

The state’s supreme court agreed with him.

“The jury could have concluded that the revolver was not deliberately or intentionally fired, but rather, as McIver suggests, discharged as a result of his being startled awake, reflexively or involuntarily clutching at the bag holding the firearm, and inadvertently contacting the trigger,” the court ruled.

And, it said, the evidence prosecutors presented that the shooting was intentional was “not overwhelming or even strong,” and that witnesses said the couple was “very much in love” and no one testified about any quarrels between them.

The court also ruled that evidence of a new will Diane had allegedly created before her death was “irrelevant and inadmissible.” Prosecutors had attempted to use Diane’s alleged new will to prove McIver had a financial motive to kill her.

Diane’s original will was executed in 2006 – before the McIvers’ godson was born – and included “substantial bequests to (Tex) McIver and established a trust for his benefit,” the supreme court’s ruling said.

But a coworker and friend of Diane testified that a year and a half before her death, Diane entrusted her with making copies of a “new will.” The court also heard testimony Diane had prepared a codicil – a document modifying a person’s will – which added their godson as a beneficiary, but that codicil was never executed.

Prosecutors could not prove a new will existed, and the state supreme court ruled there was no proof McIver knew about it or its contents – nor that there was evidence the alleged new will would give him a reason to want to kill Diane.

Instead of a new trial, a guilty plea on lesser charges

Less than a month after the court’s ruling was published, the district attorney’s office said it would retry McIver on felony murder and the aggravated assault and firearm possession charges, highlighting jurors previously “unanimously convicted (McIver) of intentional crimes of violence against his wife.”

Instead, prosecutors allowed him last month to plead guilty to unintentionally causing his wife’s death. He was sentenced to 15 years: eight in prison and seven on probation, with the first five probation years served under home confinement with a curfew and an ankle monitor, according to the plea agreement. The time he’s already served behind bars will be counted toward his eight-year prison term.

Tex McIver pleaded guilty to involuntary manslaughter in the death of his wife, Diane, on Friday, January 26, 2024. - WSB

Tex McIver pleaded guilty to involuntary manslaughter in the death of his wife, Diane, on Friday, January 26, 2024. – WSB

“The resolution reached allows those who loved, cared, and admired Diane McIver to close this chapter and move forward the best they can by honoring the memory of Mrs. McIver who was full of life and touched and changed the lives of many with her larger than life personality and vigor,” Chief Deputy District Attorney Adam Abbate said in a statement emailed to CNN.

McIver is already eligible for parole because he has served more than what is required by Georgia law for the involuntary manslaughter charge, Samuel told CNN, adding the decision is ultimately up to the parole board.

Amanda Clark Palmer, another of McIver’s attorneys, said the plea “recognizes that Tex never intended to hurt Diane. He loved her deeply and still loves her today. He would never do anything to hurt her, much less intend to kill her.”

In a statement before the judge on Friday, McIver apologized for the killing.

“She died as a result of my actions, plain and simple.”

CNN’s Jamiel Lynch contributed to this report.

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Escaped Huber inmate never returned to Dodge County jail, last seen in Beaver Dam

Escaped Huber inmate never returned to Dodge County jail, last seen in Beaver Dam 900 506 NewsExpress

DODGE COUNTY, Wis. (WFRV) – An escaped Huber inmate in southcentral Wisconsin has deputies asking for the public’s help in finding her, authorities say she was last seen at an approved medical visit.

According to the Dodge County Sheriff’s Office, 44-year-old Jennifer P. Petersen left the jail, presumably the Dodge County Detention Facility in Juneau, before midnight on Saturday.

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Escaped inmate Jennifer Petersen

Dodge County Sheriff’s Office

Deputies say that Petersen was picked up for her appointment by an approved driver, identified as 46-year-old Matthew Reszel of Milwaukee.

The last confirmed sighting of Petersen was in the parking lot of Marshfield Medical Center in Beaver Dam.

The vehicle she was believed to be traveling in, a red, 2007 Ford Edge with the Wisconsin plate AJA2190, was seen a short time later heading back into Juneau, however, Petersen never reported back to jail.

It was noted in the release that Petersen does not have a known permanent address but has ties to areas in Dodge County and the Madison area.

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Anyone with relevant information about where Petersen may be or has recently been is asked to contact the Dodge County Sheriff’s Office at 920-386-3726.

No other information about the incident has been provided.

Huber privileges allow certain inmates to leave a facility for work and medical appointments.

For the latest news, weather, sports, and streaming video, head to WFRV Local 5 – Green Bay, Appleton.

Biden camp reportedly fears photos from special counsel classified docs probe could devastate reelection bid

Biden camp reportedly fears photos from special counsel classified docs probe could devastate reelection bid 1280 720 NewsExpress

President Biden’s team reportedly is fearing that photos included in Special Counsel Robert Hur’s imminent report on the handling of classified documents could impact his 2024 reelection bid.

Axios reported that Biden’s aides do not expect criminal charges as a result of the investigation, but they are concerned about potentially embarrassing photos included in Hur’s expected report that could be released as soon as this week. The images could show how Biden stored classified materials, which were discovered in late 2022 in the garage of Biden’s Delaware home as well as in a private office. The classified documents were carried over from Biden’s time as former President Obama’s vice president.

Biden’s aides told Axios that they are fearful former President Trump’s campaign could use the photos against the Democrat incumbent ahead of their likely 2024 rematch.

Trump himself is facing more than 40 counts, including obstruction of justice and willful retention of national defense information, for improperly storing classified documents at his private residence at Mar-a-Lago in Florida after leaving the White House, following a probe by Special Counsel Jack Smith.

BIDEN INTERVIEWED BY SPECIAL COUNSEL ABOUT CLASSIFIED DOCUMENTS

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President Biden speaks at the White House on Oct. 10, 2023. He was interviewed as part of Special Counsel Robert Hur’s probe just days prior.

With Hur’s report looming, Biden’s aides are concerned Trump’s campaign could attempt to contrast the handling of the two investigations.

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Hur, a former U.S. attorney nominated by Trump in 2017 and a former clerk for conservative Chief Justice William Rehnquist, is obligated to write a report about the investigation, and Biden’s aides told Axios they expect the report could come as soon as this week, though the exact timing of its release is unknown.

Robert Hur delivers remarks

Former U.S. Attorney for the District of Maryland Robert Hur was tapped by Attorney General Merrick Garland as special counsel to the Biden docs probe.

Biden has defended the storing of classified documents in the past.

“By the way, my Corvette is in a locked garage, so it’s not like they’re sitting out on the street,” he once said.

In a CBS “60 Minutes’ interview last fall, Attorney General Merrick Garland vowed to make public a special counsel’s report related to another matter – the one related to Hunter Biden – “to the extent permissible under the law” and promised to explain the “decisions to prosecute or not prosecute, and their strategic decisions along the way.”

10 UNANSWERED QUESTIONS ABOUT BIDEN’S CLASSIFIED DOCUMENTS

“Usually, the special counsels have testified at the end of their reports, and I expect that that will be the case here,” Garland said.

Garland names special counsel in Biden classified docs probe

Attorney General Merrick Garland announced the appointment of a special counsel to investigate the discovery of classified documents held by President Biden on Jan. 12, 2023, in Washington, D.C.

The Justice Department told Axios that Garland is also committed to releasing Hur’s report as well.

Anthony Coley, a former senior adviser to Garland, accused the Biden team of slow-walking discovery in the case.

“Against the backdrop of former President Trump’s indictment on charges of willful and deliberate retention of classified documents, the Biden team’s drip, drip, drip of information made the discoveries seem even worse,” he wrote in an op-ed.

Original article source: Biden camp reportedly fears photos from special counsel classified docs probe could devastate reelection bid