No charges for US police officer who pepper-sprayed Black army lieutenant

A police officer uses a spray agent on Caron Nazario, an Army lieutenant who is Black and Latino, on Dec. 20, 2020, in Windsor, Va. (AP)
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Updated 03 August 2022
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No charges for US police officer who pepper-sprayed Black army lieutenant

  • The man who was pulled over, Caron Nazario, was never charged. Video of the December 2020 traffic stop surfaced in April 2021 after Nazario sued in federal court, alleging that his constitutional rights were violated

NORFOLK, Virginia: A former police officer in Virginia should not be criminally charged but should be investigated for potential civil rights violations after he pepper-sprayed, struck and handcuffed a Black US Army lieutenant during a 2020 traffic stop, a special prosecutor has determined.
The prosecutor’s findings are the latest fallout from a confrontation involving two police officers and a uniformed military officer that drew outrage and national attention to the small town of Windsor, about 70 miles (113 kilometers) southeast of Richmond.
The man who was pulled over, Caron Nazario, was never charged. Video of the December 2020 traffic stop surfaced in April 2021 after Nazario sued in federal court, alleging that his constitutional rights were violated. The images sparked outrage and served as a grim reminder to many Black Americans that a military uniform doesn’t necessarily protect against mistreatment by police.
In December, then-Virginia Attorney General Mark Herring’s office sued the town, alleging that it operated in a way that discriminated against Black Americans.




This screen grab from Windsor, Va., Police body camera footage shows Lt. Caron Nazario being helped by an EMT after he was pepper-sprayed by Windsor police during a traffic stop in Windsor, Dec. 20, 2020. (AP)

One of the officers, Joe Gutierrez, was fired from the department. He was the target of the special prosecutor’s criminal probe.
“Although I find the video very disturbing and frankly unsettling, Gutierrez’s use of force to remove Nazario did not violate state law as he had given multiple commands for Nazario to exit the vehicle,” special prosecutor Anton Bell said in his report, dated July 29 and posted online by Nazario’s attorneys.
“The problematic issue, however, were Gutierrez’s statements throughout the entire ordeal, which would lead a reasonable person to wonder whether underlying bias was at the root of how and why Nazario was treated in like manner,” Bell wrote.
Bell’s findings were first reported Monday by The Virginian-Pilot newspaper.
The incident began when Nazario was driving home from his duty station, according to his lawsuit. Officer Daniel Crocker radioed that he was attempting to stop a vehicle with no rear license plate and tinted windows.
Crocker said the driver was “eluding police” and he considered it a “high-risk traffic stop,” according to a report that’s included in the lawsuit. One of Nazario’s attorneys, Jonathan Arthur, later explained that Nazario was trying to stop in a well-lit area “for officer safety and out of respect for the officers.”
The other officer, Gutierrez, was driving by and decided to join the traffic stop, the lawsuit stated. By the time the two officers reached Nazario’s SUV, the license plate was visible in the rear.
When Nazario stopped at a well-lit gas station, the two officers immediately drew their guns and pointed them at Nazario, his lawsuit alleges. The officers then attempted to pull Nazario out of the vehicle while he continued to keep his hands in the air. Gutierrez pepper-sprayed Nazario multiple times as the officers yelled for him to get out.
At one point, Gutierrez told Nazario he was “fixin’ to ride the lightning,” a reference to the electric chair that was also a line from the movie “The Green Mile,” a film about a Black man facing execution, the lawsuit said.
Nazario got out and asked for a supervisor. Gutierrez responded with “knee-strikes” to his legs, knocking him to the ground, the lawsuit says. The two officers struck him multiple times, then handcuffed and interrogated him.
The traffic stop was captured on Nazario’s cellphone as well as the officer’s body-worn cameras.
Tom Roberts, another attorney representing Nazario, told The Associated Press on Tuesday that a judge or a jury, not a special prosecutor, should have determined whether Gutierrez violated the law.
“I think that there’s sufficient evidence to show that he was intentional in his actions,” Roberts said. “And I believe that he exceeded any authority to use force, and therefore he committed assault and battery.”
Roberts said that would have been a misdemeanor offense, for which the statute of limitations is one year, well before the special prosecutor released his findings.
“All too often, when it comes to law enforcement violating the laws, we see our Commonwealth’s Attorneys fail to apply the same zeal at prosecuting law enforcement as they do with other offenders,” Roberts’ firm said in a statement.
John Becker Mumford Jr., an attorney listed for Gutierrez in Nazario’s lawsuit, did not respond to an email seeking comment.
Bell, the special prosecutor, wrote that he asked the local US Attorney’s Office to review the case for possible civil rights violations. Karoline Foote, a spokeswoman for the US Attorney’s Office for the Eastern District of Virginia, said Tuesday that the office had no comment.
In February, the town of Windsor asked a court to dismiss the state attorney general’s lawsuit, arguing that it only refers to one person — Nazario — “in a cursory and inconclusive manner.”
Jason Miyares, who defeated Herring in November’s election, took over as Virginia’s AG in January. Victoria LaCivita, a spokeswoman for Miyares’ office, said Tuesday that the lawsuit is still pending.


Sean ‘Diddy’ Combs denied bail a third time as he awaits sex trafficking trial

Updated 28 November 2024
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Sean ‘Diddy’ Combs denied bail a third time as he awaits sex trafficking trial

  • Combs, 55, has pleaded not guilty to charges that he coerced and abused women for years, aided by associates and employees

NEW YORK: Sean “Diddy” Combs was denied bail on Wednesday as he awaits a May sex trafficking trial by a judge who cited evidence showing him to be a serious risk of witness tampering and proof that he has violated regulations in jail.
US District Judge Arun Subramanian made the decision in a written ruling following a bail hearing last week, when lawyers for the hip-hop mogul argued that a $50 million bail package they proposed would be sufficient to ensure Combs doesn’t flee and doesn’t try to intimidate prospective trial witnesses.
Two other judges previously had been persuaded by prosecutors’ arguments that the Bad Boy Records founder was a danger to the community if he is not behind bars.
Lawyers did not immediately respond to messages seeking comment on the decision.
Combs, 55, has pleaded not guilty to charges that he coerced and abused women for years, aided by associates and employees. An indictment alleges that he silenced victims through blackmail and violence, including kidnapping, arson and physical beatings.
A federal appeals court judge last month denied Combs’ immediate release while a three-judge panel of the 2nd US Circuit Court of Appeals in Manhattan considers his bail request.
Prosecutors have insisted that no bail conditions would be sufficient to protect the public and prevent the “I’ll Be Missing You” singer from fleeing.
They say that even in a federal lockup in Brooklyn, Combs has orchestrated social media campaigns designed to influence prospective jurors and tried to publicly leak materials he thinks can help his case. They say he also has contacted potential witnesses through third parties.
Lawyers for Combs say any alleged sexual abuse described in the indictment occurred during consensual relations between adults and that new evidence refutes allegations that Combs used his “power and prestige” to induce female victims into drugged-up, elaborately produced sexual performances with male sex workers known as “Freak Offs.”


New Zealanders save more than 30 stranded whales

Updated 25 November 2024
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New Zealanders save more than 30 stranded whales

  • New Zealand is a whale stranding hotspot and pilot whales are especially prolific stranders
  • New Zealand has recorded more than 5,000 whale strandings since 1840

WELLINGTON: More than 30 pilot whales that stranded themselves on a beach in New Zealand were safely returned to the ocean after conservation workers and residents helped to refloat them by lifting them on sheets. Four of the pilot whales died, New Zealand’s conservation agency said.
New Zealand is a whale stranding hotspot and pilot whales are especially prolific stranders.
A team was monitoring Ruakaka Beach near the city of Whangarei in New Zealand’s north on Monday to ensure there were no signs of the whales saved Sunday stranding again, the Department of Conservation said. The agency praised as “incredible” the efforts made by hundreds of people to help save the foundering pod.
“It’s amazing to witness the genuine care and compassion people have shown toward these magnificent animals,” Joel Lauterbach, a Department of Conservation spokesperson, said in a statement. “This response demonstrates the deep connection we all share with our marine environment.”
A Maori cultural ceremony for the three adult whales and one calf that died in the stranding took place on Monday. New Zealand’s Indigenous people consider whales a taonga – a sacred treasure – of cultural significance.
New Zealand has recorded more than 5,000 whale strandings since 1840. The largest pilot whale stranding was of an estimated 1,000 whales at the Chatham Islands in 1918, according to the Department of Conservation.
It’s often not clear why strandings happen but the island nation’s geography is believed to be a factor. Both the North and South Islands feature stretches of protruding coastline with shallow, sloping beaches that can confuse species such as pilot whales – which rely on echolocation to navigate.


Cheating on your spouse is no longer a crime in New York, with the repeal of a little-known 1907 law

Updated 23 November 2024
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Cheating on your spouse is no longer a crime in New York, with the repeal of a little-known 1907 law

ALBANY, N.Y.: New York on Friday repealed a seldom-used, more than century-old law that made it a crime to cheat on your spouse — a misdemeanor that once could have landed adulterers in jail for three months.
Gov. Kathy Hochul signed a bill repealing the statute, which dates back to 1907 and has long been considered antiquated as well as difficult to enforce.
“While I’ve been fortunate to share a loving married life with my husband for 40 years — making it somewhat ironic for me to sign a bill decriminalizing adultery — I know that people often have complex relationships,” she said. “These matters should clearly be handled by these individuals and not our criminal justice system. Let’s take this silly, outdated statute off the books, once and for all.”
Adultery bans are actually law in several states and were enacted to make it harder to get a divorce at a time when proving a spouse cheated was the only way to get a legal separation. Charges have been rare and convictions even rarer. Some states have also moved to repeal their adultery laws in recent years.
New York defined adultery as when a person “engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse.” The state’s law was first used a few weeks after it went into effect, according to a New York Times article, to arrest a married man and 25-year-old woman.
State Assemblymember Charles Lavine, sponsor of the bill, said about a dozen people have been charged under the law since the 1970s, and just five of those cases resulted in convictions.
“Laws are meant to protect our community and to serve as a deterrent to anti-social behavior. New York’s adultery law advanced neither purpose,” Lavine said in a statement Friday.
The state’s law appears to have last been used in 2010, against a woman who was caught engaging in a sex act in a park, but the adultery charge was later dropped as part of a plea deal.
New York came close to repealing the law in the 1960s after a state commission tasked with evaluating the penal code said it was nearly impossible to enforce.
At the time, lawmakers were initially on board with removing the ban but eventually decided to keep it after a politician argued that repealing it would make it seem like the state was officially endorsing infidelity, according to a New York Times article from 1965.


Banana taped to a wall sells for $6.2 million in New York

Updated 21 November 2024
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Banana taped to a wall sells for $6.2 million in New York

  • Chinese-born crypto founder Justin Sun forks over more than six million for the fruit and its single strip of silver duct tape
  • Given the shelf life of a banana, Sun is essentially buying a certificate of authenticity that the work was created by Maurizio Cattelan

NEW YORK: A fresh banana taped to a wall — a provocative work of conceptual art by Italian artist Maurizio Cattelan — was bought for $6.2 million on Wednesday by a cryptocurrency entrepreneur at a New York auction, Sotheby’s announced in a statement.
The debut of the edible creation entitled “Comedian” at the Art Basel show in Miami Beach in 2019 sparked controversy and raised questions about whether it should be considered art — Cattelan’s stated aim.
Chinese-born crypto founder Justin Sun on Wednesday forked over more than six million for the fruit and its single strip of silver duct tape, which went on sale for 120,000 dollars five years ago.
“This is not just an artwork. It represents a cultural phenomenon that bridges the worlds of art, memes, and the cryptocurrency community,” Sun was quoted as saying in the Sotheby’s statement.
“I believe this piece will inspire more thought and discussion in the future and will become a part of history.”
The sale featured seven potential buyers and smashed expectations, with the auction house issuing a guide price of $1-1.5 million before the bidding.
Given the shelf life of a banana, Sun is essentially buying a certificate of authenticity that the work was created by Cattelan as well as instructions about how to replace the fruit when it goes bad.
The installation auctioned on Wednesday was the third iteration — with the first one eaten by performance artist David Datuna, who said he felt “hungry” while inspecting it at the Miami show.
Sun, who founded cryptomoney exchange Tron, said that he intended to eat his investment too.
“In the coming days, I will personally eat the banana as part of this unique artistic experience, honoring its place in both art history and popular culture,” he said.
As well as his banana work, Cattelan is also known for producing an 18-carat, fully functioning gold toilet called “America” that was offered to Donald Trump during his first term in the White House.
His work is often humorous and deliberately provocative, with a 1999 sculpture of the pope stuck by a meteor titled “The Ninth Hour.”
He has explained the banana work as a critical commentary on the art market, which he has criticized in the past for being speculative and failing to help artists.
The asking price of $120,000 for “Comedian” in 2019 was seen at the time as evidence that the market was “bananas” and the art world had “gone mad,” as The New York Post said in a front-page article.
The banana sold on Wednesday was bought for 35 cents from a Bangladeshi fruit seller on the Upper East Side of Manhattan, according to The New York Times.
Sun has hit headlines in the past as an art collector and as a major player in the murky cryptocurrency world.
He was charged last year by the US Securities and Exchange Commission for alleged market manipulation and unregistered sales of crypto assets, which he promoted with celebrity endorsements, including from Lindsay Lohan.
In 2021, he bought Alberto Giacometti’s “Le Nez” for $78.4 million, which was hailed by Sotheby’s at the time as signaling “an influx of younger, tech-savvy collectors.”
Global art markets have been dropping in value in recent years due to higher interest rates, as well as concern about geopolitical instability, experts say.
“Empire of Light” (“L’Empire des lumieres“), a painting by Rene Magritte, shattered an auction record for the surrealist artist on Tuesday, however, selling for more than $121 million at Christie’s in New York.


Farmer in Argentina gets jail term for killing penguin chicks

Updated 21 November 2024
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Farmer in Argentina gets jail term for killing penguin chicks

  • The sheep farmer was found guilty of destroying nests and killing chicks while clearing land along the Punta Tumbo nature reserve
  • In his defense, he said he had no choice but to clear the land as the state had failed to set up an access route to his property

BEUNOS AIRES: An Argentinian farmer was given a three-year prison sentence for animal cruelty Wednesday, likely to be commuted, after being found guilty of killing over 100 Patagonian penguin chicks.
The sheep farmer from the southern province of Chubut was found guilty last month of destroying dozens of nests and killing chicks in 2021 while clearing land along the Punta Tumbo nature reserve, home to one of the main colonies of Magellanic penguins on the Atlantic coast.
The farmer is unlikely to be incarcerated as Argentina’s penal code recommends alternatives to prison for a first conviction and sentences up to three years.
Prosecutors had requested a four-year sentence.
Environmental group Greenpeace, the complainant in the case, had welcomed the farmer’s conviction as “an important step for environmental justice.”
The farmer argued there was no choice but to clear the land as the state had failed to set up an access route to his property, or boundaries between his farm and the reserve.
The Magellanic Penguin is listed as a species of “least concern” on the International Union for Conservation of Nature’s Red List, meaning it is not at risk of extinction even though numbers are in decline.