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Mar-10-2010  52  0
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Troubled rapper DMX was arrested in Arizona on Tuesday for violating his probation by regularly using illegal drugs during the last nine months, authorities said.
The rapper, whose real name is Earl Simmons, told a probation officer that he used cocaine and was not complying with the terms of his treatment plan, Maricopa County Sheriff Joe Arpaio told Reuters.
He faces five counts of violating probation.
Simmons was booked into a Phoenix jail late Tuesday afternoon and was isolated from other inmates, sheriff's officials said.
"We would hope that he is finally sent to prison," Arpaio said. "We've arrested him five times already. How many times do you have to violate the law?"
The rap star has faced continued legal trouble in Arizona, and was serving probation for throwing a food tray at a detention officer inside a Phoenix jail last year. Simmons spent 90 days in jail on drug, theft and animal abuse charges.
A 2007 raid on his north Phoenix home revealed 12 neglected dogs, three buried dogs, drugs and a cache of weapons. In 2008, Simmons was arrested for speeding on a Phoenix highway and allegedly going to a Scottsdale clinic and giving a false name to receive care with the intent of not paying.
His attorney could not immediately be reached for comment.
Reuters and The Associated Press contributed to this report.
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Mar-10-2010 26 0
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Minorities make up nearly half the children born in the U.S., part of a historic trend in which minorities are expected to become the U.S. majority over the next 40 years.
In fact, demographers say this year could be the "tipping point" when the number of babies born to minorities outnumbers that of babies born to whites.
The numbers are growing because immigration to the U.S. has boosted the number of Hispanic women in their prime childbearing years.
Minorities made up 48 percent of U.S. children born in 2008, the latest census estimates available, compared to 37 percent in 1990.
"Census projections suggest America may become a minority-majority country by the middle of the century. For America's children, the future is now," said Kenneth Johnson, a sociology professor at the University of New Hampshire who researched many of the racial trends in a paper being released Wednesday.
Waiting to have children
Johnson explained there are now more Hispanic women of prime childbearing age who tend to have more children than women of other races.
More white women are waiting until they are older to have children, but it is not yet known whether that will have a noticeable effect on the current trend of increasing minority newborns.
The numbers highlight the nation's growing racial and age divide, seen in pockets of communities across the U.S., which could heighten tensions in current policy debates from immigration reform and education to health care and Social Security.
There are also strong implications for the 2010 population count, which begins in earnest next week, when more than 120 million U.S. households receive their census forms in the mail.
The Census Bureau is running public service announcements this week to improve its tally of young children, particularly minorities, who are most often missed in the once-a-decade head count.
The campaign features Nickelodeon's Dora the Explorer, the English- and Spanish-speaking Nickelodeon cartoon character who helps "mommy fill out our census form."
The population figures are used to distribute federal aid and redraw legislative boundaries with racial and ethnic balance, as required by federal law.
"The adults among themselves sometimes forget the census is about everyone, and kids should be counted," said Census Bureau director Robert Groves.
"If we fail to count a newborn that is born this month, that newborn misses all the benefits of the census for 10 years."
Two-thirds of population is white
Whites currently make up two-thirds of the total U.S. population and recent census estimates suggest the number of minorities may not overtake the number of whites until 2050.
Right now, roughly 1 in 10 of the nation's 3,142 counties already have minority populations greater than 50 percent.
But 1 in 4 communities have more minority children than white children or are nearing that point, according to the study, which Johnson co-published.
That is because Hispanic women on average have three children, while other women on average have two.
The numbers are 2.99 children for Hispanics, 1.87 for whites, 2.13 for blacks and 2.04 for Asians in the U.S.
And the number of white women of prime childbearing age is on the decline, dropping 19 percent from 1990.
For example:
In Gwinnett County, Ga., an Atlanta suburb, the population has shifted from 16 percent minority in 1990 to 58 percent minority in 2008. The number of blacks and Hispanics nearly doubled, while the number of white young people stayed roughly the same.
The population of Dakota County, Neb., increased from 15 percent minority in 1990 to 54 percent in 2008, due largely to an influx of Hispanics who came looking for work in meatpacking and other labor.
In Lake County, Ind., a suburb of Chicago, the minority population grew from 43 percent in 1990 to 53 percent in 2008 as the number of white children declined, the number of blacks stayed stable and the number of Hispanics increased.
The 2008 census estimates used local records of births and deaths, tax records of people moving within the U.S., and census statistics on immigrants. The figures for "white" refer to those whites who are not of Hispanic ethnicity.
Copyright 2010 The Associated Press. |
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Mar-09-2010 54 0
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David O. Archie became the city's first black mayor Tuesday, besting local attorney Matt King.
"I thank God for the opportunity to serve the people of Tarpon," Archie, 56, said. "(The election) continues to tell me about what Tarpon Springs is about as a whole.
"It's a tremendous achievement to be mayor and to be the first African-American is definitely exciting."
Commissioner Chris Alahouzos, 59, maintained his seat after being challenged by political newcomer Beverly Z. Kurpinski. Jeff Larsen, the city's Planning and Zoning Board chairman, defeated local Realtor Joe Muzio for a second commission seat.
Tarpon voters also approved nine city charter questions that ranged from required approval from residents before the city can dismantle its Fire Department to requiring the assistant city manager and the development services director to reside within the city within one year of being hired.
After two terms, current Mayor Beverley Billiris and Commissioner Peter Dalacos must vacate their offices due to term limits. Commissioners Robin Saenger and Susan Slattery were not up for election this cycle.
Larsen, 32, a middle school educator, will fill Dalacos' seat. He said he looks forward to serving residents.
"I am elated that the voters of Tarpon Springs have chosen to make me their next city commissioner," Larsen said. "Campaigning over the last several months was a lot of work, but the real work begins on March 16 when I'm sworn in."
Tuesday was Alahouzos' first challenged election. He was first appointed to the seat in December 2006 after state Rep. Peter Nehr left the commission for Tallahassee. The following March, he ran unopposed.
"I feel very humble at the trust and the love I experienced from the people and the input and response I got," Alahouzos said Tuesday night.
"It's something that will make me work even harder, and I'm looking forward to working with a new commission for the betterment of Tarpon Springs."
The mayor's job pays $13,000 a year, and a commissioner garners $8,000. Both positions come with health insurance.
The second youngest of six children, Archie was raised on Tarpon Springs' Morgan Street in the home where his mother still resides.
He went to elementary school at the mostly black Union Academy before heading to Tarpon Springs middle and high schools in the 1960s during the early stages of integration.
He is now the executive director of the Citizens Alliance for Progress, a nonprofit that is housed in the old Union Academy elementary school that he attended as a child.
Archie served on the commission from 1996 to 2001 and had to step down due to term limits. He was re-elected in March 2002 and served until 2008, when he again had to step down due to term limits.
Archie's mayoral campaign platform centered on his experience and putting the issues of Tarpon's residents first instead of those of special interest groups.
"I never envisioned running for office," Archie said Tuesday. "But I've always been involved in making sure there was fairness, whether it was with the library or the recreation department."
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Mar-08-2010 180 0
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Lil' Wayne was sentenced Monday to a year in prison.
The rapper, whose legal name is Dwayne Carter, pleaded guilty in October to felony gun charges as part of a deal with prosecutors.
The charges stem from his arrest in 2007 outside New York City's Beacon Theater. According to police, Carter had a .40-caliber pistol on his tour bus. His attorney said it belonged to someone else.
His sentencing was delayed twice -- first so he could get dental work done, including removal of his diamond-studded braces, then because of a fire at a Manhattan courthouse.
At Manhattan Supreme Court on Monday, the room was packed with onlookers, while more people crowded outside.
Carter was offered the chance to make a statement but declined, shaking his head.
His attorney requested that Carter have protective custody while he is incarcerated. The attorney also requested medical attention because of his recent dental surgery.
As Carter was leaving the courtroom, a fan said to him, "Keep your head up, Weezy," using the rapper's nickname.
Another man wore a T-shirt that said "Free Weezy."
Carter also faces felony drug possession and weapons charges in Arizona.
Lil' Wayne is a multiplatinum-selling and Grammy-winning rap artist. His hits include "The Block is Hot" and "Lollipop." His album "Tha Carter III" was the top selling disc of 2008. His latest album, "Rebirth," was released last month.
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Mar-07-2010 140 0
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About half of the national board of directors of the Southern Christian Leadership Conference issued a resolution Saturday calling for the organization's chair and treasurer, both involved in a criminal probe of SCLC finances, to resign.
"We can no longer be silent," said board member Bernard Lafayette Jr., spokesman for 23 members of the 44-member board. At Lafayette's side were board member Martin Luther King III and Sylvia Tucker, a vice chair of the organization. "Something is wrong and we want to get it straightened out," he added.
The Atlanta-based organization is in a state of confusion and upheaval. In recent weeks, longtime Chair Raleigh Trammell and supporters have been sending official letters from SCLC headquarters to board members who oppose them and removing them from their posts, so it is unclear how many of the board members are still officially active or whether Trammell had the authority to take such action. Saturday's announcement marked yet another implosion for the once-proud and powerful organization co-founded by the Rev. Martin Luther King.
The anti-Trammell group, which met at a hotel conference room in College Park, have retained attorney Charles Mathis of Atlanta to begin a legal effort to take control of the SCLC away from Trammell and treasurer Spiver Gordon. Mathis said he will file the first of several motions this week in Fulton Superior Court.
Trammell and Gordon could not be reached for comment Saturday, however a press release issued Friday night by the SCLC national office denounced Saturday's meeting as illegitimate.
Neither of the men have been charged with any crime, but FBI agents have seized records from Trammell's home and office in Dayton, Ohio and Fulton County District Attorney Paul Howard has empaneled a grand jury to consider whether to bring criminal charges against the men. In recent months, board members have handed over bank records, meeting transcripts, e-mails and letters to Howard's office, the Alabama attorney general's office and the FBI.
Questions about SCLC finances were first raised last summer when a former board member said as much as $1.4 million of SCLC money had disappeared. According to records obtained by The Atlanta Journal-Constitution in January, payments from SCLC funds were made to organizations only Trammell and Gordon controlled. According to the documents, the men wrote checks to themselves, paid for personal funeral expenses and credit card and insurance bills, and sent money to their individual chapters and their special projects.
Last October, Bernice King, daughter of Martin Luther King, was elected SCLC president by the board. She has yet to take office. She was not present at Saturday's meeting and has remained silent amid the political turmoil now engulfing the organization. She could not be immediately reached Saturday for comment.
Founded in Atlanta in 1957 and headed initially by the Rev. Martin Luther King Jr., the SCLC was one of the nation's most effective political organizations in the late 1950s and early 1960s.
It led critical battles against segregation in Selma, Ala., and elsewhere. It helped organize the 1963 March on Washington, where King delivered his historic "I have a dream" speech. The SCLC was instrumental in the passage of the 1964 Civil Rights Act and the 1965 Voting Rights Act, which ended institutional segregation and reshaped America.
In recent decades, the organization has lost influence, funding and membership. In 2003, animosity among board members erupted in lawsuits and resignations. At the SCLC's 2004 convention, police were called when fights broke out among competing factions.
Yet afterward, the organization retained some prestige and was able to raise corporate donations for a new headquarters on Auburn Avenue, which opened in 2007. Then Sen. Barack Obama and former President Bill Clinton both attended the ceremonies.
At Saturday's meeting, Lafayette said, "the SCLC is not dead....we may stumble but we are not fallen."
The coming months -- with legal battles and public infighting a certainty and criminal charges a distinct possibility -- will test that statement. The anti-Trammell faction announced Saturday the SCLC annual meeting will be held in late April in Atlanta. The pro-Trammell faction has announced it plans to hold the SCLC annual meeting at the same time -- in Eutaw, Ala.
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Mar-07-2010 226 0
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The CEO of Tennessee's hospitality association is apologizing for sending an e-mail to a group of public figures that compares first lady Michelle Obama to a chimpanzee.
The Tennessean of Nashville reports that Tennessee Hospitality Association CEO Walt Baker's e-mail compares the first lady to Tarzan sidekick Cheeta. At the bottom of the e-mail is a photo of Obama, caught in an awkward moment with her lips pursed, and one of a chimpanzee wearing a similar expression.
Baker apologized in an e-mail to Nashville Metro Council members Saturday saying the message was not intended to be malicious but meant as "political humor."
Also on Saturday, the Nashville Convention and Visitors Bureau said it would drop its contract with Baker's marketing firm.
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Mar-07-2010 149 0
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A man has been arrested and charged in the fatal shooting last year of a well-known Worthing High School football star who died on his girlfriend's doorstep.
Quentin Leon McIntyre, 19, is charged with capital murder in the shooting death of 17-year-old DeAndre Elliott about 11:30 p.m. Nov. 19 in the 4700 block of Wenda.
McIntyre also stole Elliott's car, a blue-green Buick Park Avenue car with custom wire-spoke wheels known as “elbow wire rims” and white wall tires.
McIntyre is being held in the Harris County jail on unrelated drug charges.
Police said Elliott had just left his girlfriend's apartment when she heard gunfire outside. Moments later she heard a knock on her door. When she opened it, Elliott fell at her doorstep.
Police said he had been shot in the head and chest and was pronounced dead at the scene.
Witnesses told police they saw a man speeding away in Elliott's car after the shooting.
Investigators found the car several days later in the 1300 block of Canterlane Drive.
His friends told the Chronicle at the time of the shooting that Elliott was popular and didn't mix with dangerous cliques.
A star running back at Worthing, he hoped later to play football at the University of Florida and then turn professional.
Worthing's coach, Brandon Ellis, told the Chronicle that Elliott “was a big part of our team this year. He carried us a lot this season.”
He was the second-leading rusher for the 4-6 Colts, gaining 829 yards and six touchdowns on 155 carries.
During his sophomore year, Elliott was a second-team all-district selection.
Said Elliott's longtime friend, Bruce Wilson:
“He was a good kid who stayed out of trouble,” Wilson said. “ So many things were going good for him.”
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Mar-05-2010 204 1
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The FBI confirmed Thursday morning that it has opened two other civil rights investigations into the post-Katrina actions of New Orleans police officers, adding to a growing list of inquiries.
The FBI now has at least seven active civil rights probes into the New Orleans Police Department.
Sheila Thorne, spokeswoman for the FBI's field office in New Orleans, said Thursday that federal agents are examining the fatal shooting of Danny Brumfield Sr. and the non-fatal shooting of Keenon McCann.
Thorne said these cases are two of "a number of highly publicized, potential civil rights matters" of interest to the FBI.
The circumstances of both shootings, as well as the ensuing cursory NOPD investigations, were first detailed in a series published in The Times-Picayune in December, in partnership with the nonprofit investigative newsroom ProPublica and PBS' "Frontline."
Brumfield, 45, was fatally shot on Sept. 3, 2005, in front of the Ernest N. Morial Convention Center. Police said Brumfield inexplicably leaped onto the hood of a moving police cruiser and tried to attack the officers inside, making a "stabbing motion" with a pair of scissors. An officer in the passenger seat fired a single blast from his pistol-grip Mossberg shotgun, a personal weapon, killing Brumfield with a shot to his back.
His family alleges that Brumfield was only trying to flag down the officers. They say police purposely struck him with the vehicle, then shot him.
The ensuing NOPD investigation was incomplete at best: police never collected or found the scissors, officers lost crime scene photos, and detectives based their case on the statements made by the officers involved, failing to talk to civilian witnesses. A homicide detective never read the autopsy, which showed Brumfield had a shotgun wound to the back. Her report concluded he was shot in the shoulder.
The other recently announced FBI investigation centers on the shooting of Keenon McCann, 28. He was shot on Sept. 1, 2005 on the Interstate 10 overpass near the Superdome by members of the NOPD's SWAT team. Capt. Jeff Winn, Lt. Dwayne Scheuermann and other officers acted on a tip that somebody had stolen a Kentwood Springs bottled water truck and was luring in thirsty flood victims, attacking and raping them.
Keenon McCann was shot on Sept. 1, 2005, on the Interstate 10 overpass near the Superdome by members of the NOPD's SWAT team. The officers found several Kentwood Springs trucks parked on the overpass. They also allegedly found McCann, who "appeared to be observing the oncoming officers as if he was laying in wait for them" and was planning "to shoot one of those officers as they approached," Winn later told a detective. Both Winn and Scheuermann fired their assault rifles, hitting McCann.
Though dozens of people were on the bridge, police interviewed no civilian witnesses or additional police officers. The investigation relied on the statements of Winn and Scheuerman. The gun that was allegedly in McCann's hand was never found.
McCann survived the shooting and later filed a federal civil lawsuit against the NOPD. He was murdered outside his girlfriend's house in August 2008. That case remains open. The NOPD has not released details of the death, such as a possible motive or suspect.
Recently, Winn and Scheuermann have emerged as central figures in the federal probe of possible police misconduct in the case of Henry Glover, according to sources and a criminal defense attorney. Witnesses say Glover, of Algiers, died in police custody at an Algiers elementary school, the SWAT team's makeshift compound, one day after the McCann shooting.
Glover's charred remains were later pulled out of a scorched Chevrolet Malibu near the 4th District police station. Federal investigators believe he was shot by a police officer prior to arriving at the SWAT compound.
Henry Glover's burnt body was found in a car parked along the Algiers Point levee shortly after Hurricane Katrina.Attorneys for many of the officers under investigation have previously pointed out that police were under extreme duress, without a functioning command structure, lacking radio communications and short on supplies.
The NOPD's spokesman did not respond to a request for comment Thursday.
Mayor Ray Nagin's office has not responded to requests from The Times-Picayune for comments on the federal investigations.
In an interview with WDSU Thursday evening, Nagin put a positive spin on news of the additional federal probes.
"I think it's good news in some respects," he said. "There are some things that have been going on in the police department, and this has probably been going on for many many years. We should get to the bottom of it; we should clean it out."
The "Law & Disorder" series chronicled the Brumfield and McCann shootings, as well as the fatal police shooting of Matthew McDonald in Faubourg Marigny.
The FBI confirmed last month that it had opened an investigation into McDonald's death.
McDonald, 41, a Connectictut native, was fatally shot in the back on Sept. 3, 2005, by a NOPD officer in the Faubourg Marigny.
Officers said they observed McDonald carrying a "handgun and a bottle containing an unknown liquid" in a white plastic bag. The police report doesn't explain how the police could tell the bag contained a gun.
Lt. Bryant Wininger, armed with an assault rifle, commanded McDonald to drop the sack, but McDonald ignored the order and "reached into the bag in an attempt to remove a handgun," the police report said.
Wininger, the report said, feared for his life and fired four shots in rapid sequence, the last two as McDonald lay on the ground. The officers said they then immediately rushed McDonald to West Jefferson Medical Center in Marrero.
McDonald's family said police told them he died in a shooting and that the evidence had washed away. Last year, they first learned from a reporter that the NOPD had shot McDonald.
The other active civil-rights probes into the department that have been confirmed by the FBI include: the Danziger Bridge police shooting; the death of Glover; the fatal police shooting of Adolph Grimes on Jan. 1, 2009; and the July 2005 death of Raymond Robair.
Thorne, the FBI spokeswoman, said the agency asks that anyone with information on these incidents contact the FBI at 504.816.3000.
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Mar-05-2010 184 0
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Michigan regulators said Thursday that a member of the Winans gospel-music family led a fraudulent, multimillion-dollar investment program by promoting bogus Saudi Arabia oil bonds.
The Office of Financial and Insurance Regulation issued a cease-and-desist order, although Commissioner Ken Ross said the alleged scheme probably stopped at the end of 2008.
Ross said Michael Winans Jr. told investors they could double their money in 60 days. Detroit police identified and interviewed at least 180 investors, but state regulators say the actual number is higher.
"Our investigation found that Michael Winans Jr. orchestrated a scheme that resulted in hundreds of Detroit residents losing millions of hard-earned dollars," Ross said in a release. "Promising sky-high, guaranteed returns, these scammers unscrupulously fleeced unsuspecting churchgoers who let their financial guard down."
Winans could not immediately be reached for comment. A phone number linked to his address in the Detroit area was unanswered, and numbers listed for Winans' Detroit-based music publishing company have been disconnected.
Ross said the Ponzi scheme was worth at least $2.6 million but could have been as high as $11 million. He said Winans used connections in Detroit churches to draw investors between early 2007 and late 2008.
State regulators said Winans, his associates and related business entities violated the state's Uniform Securities Act, and turned over the results of its investigation to local, state and federal law enforcement agencies.
Those found violating the act face a maximum penalty of $25,000 per violation and 10 years in prison.
A Ponzi scheme is a fraudulent investing technique that promises high rates of return with little risk to investors. Money provided by new investors is used to pay seemingly high returns to early stage investors, but the scheme collapses when required redemptions exceed new investments.
Winans is a third-generation member of one of gospel music's first families. He's the grandson of Delores "Mom" Winans and David "Pop" Winans Sr., who died last year; and son of Michael Winans Sr., a member of The Winans, a quartet of brothers.
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Mar-05-2010 391 1
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A Shelbyville, Kentucky minister has been sentenced for having sex with a 15-year-old boy and the minister is HIV positive. And Minister James Bell admits, he knew he was HIV positive at the time of act.
"All child sex abuse, no matter who the perpetrator is, is horrific and damaging. But it's especially damaging if it's a religious figure," said David Clohessy with Survivors Network Abused by Priests (SNAP).
Such is the case for a now 17-year-old boy sexually abused by James Bell on numerous occasions two years ago.
Bell was minister of Refuge Temple Church of God in Christ in Shelbyville. The church's website says Bell is married with three children and "a man of great faith who preaches the whole counsel of God."
But in 2008, Bell voluntarily came forward to police and admitted to having unprotected sex with a juvenile. Bell knew then that he is HIV positive.
The judge sentenced Bell to 7 years behind bars and 20 years on the sex offender registry.
David Clohessy with SNAP says this victim's road to recovery will be difficult.
"Because where do people turn in times of trauma? They turn to their faith for comfort, solace, guidance... so if the person molesting you is the minister or God's representative on earth, especially in a child's eyes, then that child is doubly abandoned."
Bell's victim's tests came back negative for HIV. The church where Bell preached was since disbanded.
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Mar-05-2010 128 0
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Influential black leaders in New York City said Thursday night that they believe Gov. David Paterson should stay in office amid allegations he and his staff interfered in a domestic violence case involving a top governor's aide.
Meeting in a Harlem soul food restaurant that is the center of power for black politics in New York, the group led by the Rev. Al Sharpton agreed that Paterson should try to withstand the violence scandal and new ethics charges related to World Series tickets.
The group said they want to meet with the governor to discuss his ability to continue to govern.
Sharpton, flanked by former Mayor David Dinkins and Hazel Dukes, former president of the National Association for the Advancement of Colored People, said, "Many of us have the view the governor should continue to serve."
Outside the restaurant, Sharpton was asked explicitly whether he thought the governor should stay in office.
"I'm the convener," he said. "There were people on both sides."
U.S. Rep. Gregory Meeks of Queens said he felt the state could move forward with Paterson in the wake of the scandal and he believes the governor is entitled to due process regarding the charges leveled against him.
Third key resignation
The meeting came the same day a third key administration official quit because of the domestic violence scandal. Communications Director Peter Kauffmann said he could not "in good conscience" stay on because of the controversy. Testimony by Kauffmann was key to the decision by the Public Integrity Commission to charge Paterson with an ethics violation.
Former state Comptroller H. Carl McCall made a case for Paterson to stay, while others reportedly were angry inside the closed meeting. City Public Advocate Bill de Blasio reportedly called for Paterson to resign, but Sharpton limited questions and speakers after the meeting.
Earlier, McCall on FOX Business Network said it was important for the group to be united on the question of whether Paterson has the ability to lead.
"I don't want to go out and do this on my own," McCall said, noting that he had his doubts about whether Paterson can continuer. "I think it would be more meaningful if we come to some collective decision about that and then communicate it by a lot of us, who, as you know, for a long time have been very, very strong supporters of the governor."
Paterson hasn't been charged with any crimes and has said his side of the story will clear him. But he said he can't divulge elements of his side of the story because he said it would interfere with the investigation he asked Attorney General Andrew Cuomo to take on.
Paterson says he won’t quit
A state panel accused Paterson on Wednesday of illegally obtaining World Series tickets, then lying about it. That charge came on top of an investigation of whether the governor or staff members had inappropriate contact with a woman who made — but later dropped — an abuse complaint against an aide.
The governor insists he did nothing wrong, won't quit and will fight the ethics charges. His office didn't immediately respond to requests for comment Thursday.
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Mar-04-2010 192 0
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John Gaeta received a letter of apology this week from the man who shot him point-blank in the neck at a Louisiana mall in 2002.
The shooter was Lee Boyd Malvo, the younger half of the so-called D.C. sniper team that terrorized the Southeast and the nation's capital that year. Malvo is serving a life sentence. His mentor in crime, John Allen Muhammad, was executed in November.
Though Gaeta, 58, has heard since 2006 that Malvo admitted shooting a man in Hammond, Louisiana, it wasn't until last month that he received confirmation from a pair of Hammond police officers.
Then came Malvo's succinct letter, dated February 21, which arrived on Monday.
"Mr. Gaeta," it read. "I am truly sorry for the pain I caused you and your loved ones. I was relieved to hear that you suffered no paralyzing injuries and that you are alive. Sincerely, Lee Boyd Malvo."
Gaeta, who read the letter to reporters over the phone Wednesday, said Malvo printed and signed his name.
Malvo was 17 when he shot Gaeta, just three months before he and Muhammad were arrested in Maryland and charged with multiple counts of murder.
Hammond Police Sgt. Brian McCormick said Malvo told him and another interrogating officer that he thought Gaeta had also been killed.
Malvo and Muhammad arrived in Hammond, about 40 miles east of Baton Rouge, on a Greyhound bus in August 2002, McCormick said.
"Muhammad told him he wanted him to shoot someone while they were in Hammond -- as a sort of loyalty test, we're assuming," the sergeant said.
became the snipers' mark when he arrived at the mall about 8:20 p.m. August 1, McCormick said.
"The mission was to kill him," he said.
It was almost closing time, so Gaeta parked quickly and rushed into Sears to find a new pair of shoes, he said. Malvo or Muhammad slashed one of Gaeta's tires while he was inside, according to police.
Shortly after 9 p.m., Gaeta returned to his truck and started it up. He realized he had a flat and pulled under a streetlight in the mall parking lot to change it.
Two men in dark clothing soon approached him and asked whether the mall was still open. Gaeta responded that some stores were still open. The men walked off but returned about five minutes later, Gaeta said.
"Do you need any help?" one of them asked.
"No, I'm OK," Gaeta replied.
"Looks like you have a flat tire," the other man replied, chuckling under his breath.
The men walked off again, and Gaeta didn't see them for several minutes until he went to the bed of his Chevy Silverado to retrieve the spare tire.
From there, he saw a shadow slinking alongside his truck. Gaeta looked closer, he said, and saw a figure dart to the front of his vehicle.
Thinking teenagers were playing a prank, he met the figure on the other side of the truck and asked flatly, "What are you doing?"
Malvo came around the door, made eye contact with Gaeta, produced a .22-caliber revolver and shot him from a distance of about five feet.
"He kind of had a smirk on his face like, 'I'm gonna kill you,' " Gaeta said. "I remember thinking, 'This is the end of my life tonight.' "
The bullet pierced Gaeta's neck and exited his back, just below the shoulder. He first thought of his wife, his family and his friends, but it was his second thought that saved his life.
"I knew that unless I fell to the ground, he would be shooting me again," Gaeta said, explaining how he played possum while Malvo snatched the wallet from his pants pocket.
After Malvo and Muhammad fled, Gaeta ran to a service station. He wasn't in much pain and thought, again, it could have been a prank. He told witnesses at the service station he might have been shot with a paintball gun.
"But sir, you're bleeding," they said.
Gaeta went to the hospital, where doctors told him he had dodged damage to his spine and arteries. He was released in about an hour, making him one of the more fortunate of the D.C. snipers' 13 confirmed victims, at least 10 of whom died.
I was relieved to hear that you suffered no paralyzing injuries and that you are alive.
Sgt. McCormick, who interviewed Malvo last month at the Virginia Supermax prison the 25-year-old now calls home, said Malvo seemed relieved to hear Gaeta was alive.
He began to open up upon learning the news and told the Hammond police, according to McCormick: "Back then, I was brainwashed by Muhammad and he made me do everything that I did."
Gaeta said he intends to forgive Malvo and plans to send him a letter, though he bristled at the thought of becoming pen pals.
He said he would like to know what Malvo would do differently if he could relive the past decade. He also wants to press him on how he'd feel if someone shot one of his loved ones, Gaeta said.
He'd like to see Malvo prosecuted for shooting him, but police say it's unlikely. Malvo already has no chance of parole, and McCormick said Malvo also faces a murder indictment in Baton Rouge for the September 2002 slaying of Hong Im Ballenger.
"I doubt we'll ever get him to Louisiana to prosecute him," McCormick said. "If we do, Baton Rouge will get him first."
It may seem odd that two Hammond police officers would travel more than 600 miles to Pound, Virginia, for a confession that might never see a courtroom, but McCormick says it's worth it because their victim gets closure.
And though Gaeta said he has long suspected Malvo was the shooter, Malvo's confession erased any "shadow of a doubt" that his attacker is locked away, never to walk free again.
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Mar-03-2010 178 0
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U.S. District Judge Barbara Lynn is forging ahead with the criminal contempt charges against former Mayor Pro Tem Don Hill and his attorney Ray Jackson. Before Hill was convicted of shaking down developers for money after a three month trial, he and Jackson gave interviews that angered the judge and possibly violated the gag order she had handed down prior to jury selection in order to keep defendants' pretrial statements from tainting the jury pool.
During the trial, Lynn appointed Terence Hart as special prosecutor to delve into whether Hill and Jackson stepped over the line and committed criminal contempt.
Hart is a former FBI special agent, former Dallas County prosecutor and former assistant U.S. attorney. As a federal prosecutor, he helped secure convictions against Garland developer Danny Faulkner, whose fraudulent condo projects along Interstate 30 in eastern Dallas in the 1980s were part of the largest savings and loan failure in Texas history.
Hart also has experience as a third party investigator. In 2003, the city of Dallas hired him to delve into the the fake drug scandal, which involved Dallas narcotics informants planting evidence on mostly Hispanic immigrants.
Judge Lynn has set Hill and Jackson's contempt trial for Nov. 2, but there is a chance it could be delayed. It's unclear yet if this will be a jury trial, or if Lynn herself render a verdict. I'm told that if the judge pursues a felony charge, then the defendants are entitled to having a jury decide the outcome. If it's a federal misdemeanor charge, then it will be a bench trial.
A misdemeanor contempt conviction can carry up to six months in prison and up to a $5,000 fine. There is no penalty range for a felony criminal contempt conviction. In either case, though, if there are convictions, Lynn will have discretion over sentencing.
Of course, this is almost academic, since Hill is facing a possible maximum sentence of 95 years in prison from the corruption convictions. He and Jackson have said they plan to appeal those convictions.
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Feb-24-2010 174 0
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By: Mary Mitchell
I owe black farmers a real debt of gratitude. Having come North to Chicago from Mississippi as a toddler, I have only vague recollections of farming.
I remember the biting bugs, the black dirt and the white balls of cotton plants that composed the workplace for poor people who sharecropped for a living.
I'm thankful that my parents fled the white-owned farms as soon as they could scrape up a train ticket North because it meant I was spared the ordeal of dragging a cotton sack.
But the black migration also meant black farmers who were left behind in places like Mississippi, Georgia, and Alabama had to do this back-breaking labor in a racist environment.
Farmers like Tim Pigford of North Carolina toughed it out.
In a 1999 profile by the Wall Street Journal, Pigford said officials at the U.S. Department of Agriculture had repeatedly sabotaged his efforts by delaying approval of operating loans until well into the planting season.
A USDA county lending committee also denied Pigford ownership loans.
"I didn't need anyone coming up to me and calling me 'nigger' to know what's going on. They didn't want a black man owning more than 40 acres and a mule," Pigford told the Wall Street Journal.
In 1995, on Pigford's 20th wedding anniversary, his house was seized by federal marshals.
Pigford is one of the original plaintiffs of what is known as the black farmers lawsuit.
Despite being subjected to blatant discrimination that made it impossible for black farmers to prosper like white farmers, these farmers fought to stay on the land.
Pigford's battle started in 1984.
By the time anyone would listen, Pigford estimates he had been to Washington 120 times trying to settle his complaints.
Last week, the Obama administration announced the settlement of a class-action lawsuit filed by black farmers against the federal agency.
Agriculture Secretary Tom Vilsack said the settlement will bring to an end a "sordid chapter" at the USDA and "usher in a new era."
"There is also a major effort here within USDA to make sure we are doing what we need to do to avoid discrimination in hiring and promotion decisions," Vilsack said. "We are doing a very detailed review within USDA to reduce civil rights complaints."
The settlement affirms a 1999 agreement, known as the Pigford settlement, in which the federal government agreed to compensate black farmers for decades of discrimination.
In a written statement, President Obama urged "swift resolution" of the issue and applauded the USDA for bringing these "long-ignored claims of African-American farmers to a rightful conclusion."
Congress will have to approve the $1.25 billion settlement. Farmers who file on a so-called fast-track could receive up to $50,000. Others who file a more extensive claim could be compensated up to $250,000.
It is likely a coincidence that the settlement was announced during Black History Month.
As a U.S. senator from Illinois, Obama played a key role in getting $100 million for black farmers in the 2008 Farm Bill.
Vilsack noted that resolving the discrimination claims was a priority for both the president and for U.S. Attorney General Eric Holder.
Even so, this would be a good time to inform a younger generation about the contributions black farmers have made.
It would truly be disheartening if this settlement were to be dirtied up by Obama's critics.
This is not reparations.
But given the bitterness that has blinded some members of Congress, expect some ugly rhetoric.
Try not to take it personally. Most likely, many of the farmers who once desired to play a role in shaping America's food system have fled the fields, just as my parents did many years ago.
Today, whites operate more than 72,000 Illinois farms. The number of black farmers in Illinois is pegged at less than one in 1,000.
There's no way to make up for the harm that was done to black farmers because there is no real way to compensate people for killing their dream.
But we cannot move on until we fully address our past wrongs.
Hopefully, a portion of the money awarded for this lawsuit will allow the children of these black farmers to pursue a new dream.
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Jim Trotter Jan-13-2010 644 0
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The discussion about the effectiveness and relevance of the Rooney Rule -- and whether Washington and Seattle drove armored trucks through its plate-glass window -- has been entertaining and enlightening the past two weeks.
The rule, which requires teams to interview at least one minority candidate before hiring a head coach or general manager, was adopted in 2003 with the hope of seeing more African-Americans hired as head coaches. Until six years ago, there had only been five in the league's modern history. Former commissioner Paul Tagliabue was hopeful that by expanding the search, owners would come across qualified minority candidates who might have been overlooked otherwise.
Yet Washington hired Bruce Allen within 48 hours of firing GM Vinny Cerrato. It also named Mike Shanahan, who had been linked to the club for months, head coach within two days of Jim Zorn's ouster. The Seahawks were only slightly less disingenuous; they waited three whole days before hiring Pete Carroll to replace the fired Jim Mora.
But give Seattle credit: At least it waited until after Mora was gone to fulfill the Rooney Rule requirement. Washington reportedly "interviewed" assistant coach Jerry Gray before telling Zorn he would be fired at the end of the season.
Commissioner Roger Goodell told the media last weekend that both franchises complied with the Rooney Rule. I wasn't there, so I have no idea if he said it with a straight face. But even if the teams followed the rule in a letter-of-the-law sense, they clearly violated the spirit of the rule. That got me wondering: Is the Rooney Rule still relevant or necessary?
Since the rule's adoption, seven African-American head coaches have been hired: Marvin Lewis in Cincinnati, Lovie Smith in Chicago, Romeo Crennel in Cleveland, Mike Tomlin in Pittsburgh, Jim Caldwell in Indianapolis, Raheem Morris in Tampa Bay, and Mike Singletary in San Francisco. They follow in the footsteps of modern-era predecessors Art Shell, Denny Green, Tony Dungy, Ray Rhodes and Herm Edwards.
"I would hope we're at the point where the Rooney Rule is not necessary," said Dungy, the former Colts coach and current NBC analyst. "But even if we are, there still some good things, some benefits that come from it. The biggest thing it has done, to me, is slow down the process and encourage people to look at a broad spectrum and interview a lot of different guys. That helps everyone. It helps the person who ended up getting the job, and it helps the person who was looking."
Dungy acknowledges there always will be franchises that clumsily side-step the rule or brazenly stiff-arm it, adding: "It's hard to legislate practice."
I am conflicted by the Rooney. The intent of it is good, but the execution is flawed. Perhaps the league could require a mandatory blackout on hirings for one week after a coach or general manager is fired. But that isn't going to stop "sham" interviews. And truthfully, if an owner knows he wants to hire an established, big-name coach, why should he have to sit through "interviews" that have no chance of changing his mind.
For the most part, the rule's biggest impact has been with organizations whose owners aren't known for spending extravagantly on head coaches, or with franchises that are in some form of financial crisis. For instance: Lewis went to the Bengals, Smith to the Bears and Tomlin to the Steelers. None of those organizations has a reputation for breaking a bank for its coaches.
Morris got his job with the Bucs, you could argue, because ownership was facing financial hardships. It still owed at least $20 million to coach Jon Gruden and the aforementioned Allen after firing them, and its outside investments, particularly in a European soccer team, reportedly was a financial drain on the Glazer family. Singletary received his break only after working half a season as the interim coach, following the firing of Mike Nolan.
Says Dungy: "Those frugal people, a lot of times, are old-time football people, so maybe the two go hand in hand. Maybe it's not that they're being frugal but thinking about football, as opposed to slash and dash. What's going to give me the best value? If I take the time to explore, maybe I will find someone who is really, really good. Maybe I could make a more informed decision. That was part of [Dan] Rooney's experience when he hired Mike [Tomlin]."
And therein lies the rub. The league can legislate as much as it wants, but franchises will always find a way to get around the rules -- particularly if Goodell isn't going to take as forceful a stance as Tagliabue did. Tagliabue once fined the Lions $200,000 for violating the Rooney Rule before hiring Steve Mariucci and threatened stiffer penalties if there were another offense.
Maybe the Redskins and the Seahawks were in compliance technically, but the Gray interview was a sham -- even if team, league and Fritz Pollard Alliance officials say otherwise. The Fritz Pollard Alliance was founded to promote the advancement of minority coaches and executives, and chairman John Wooten, whom I respect, says everything was on the up-and-up in both cases. Sorry, but there is too much circumstantial evidence to the contrary.
"I realize that the rule is not for everybody," Dungy says. "But it does help people that are truly looking and searching. If you have a closed mind and you decide before the process starts that this is the only guy I want, or I'm going to hire one of these two guys, then the rules that you have in place don't matter. But if you have an open mind and you say, 'Yeah, I really like Mike Shanahan and I think I'm going to hire him, but I'm going to interview some people and I'm going to hire the best person -- I think it's Mike Shanahan -- but I'm going to interview three or four people and figure it out,' then the rule helps you. I think it helped Dan Rooney because I don't think he went in with the thought process of hiring Mike Tomlin. Is the rule outdated? I don't know. But slowing down the process is good."
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Dec-09-2009 1638 1
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By: Steven Butler
This is a sad story. I am father of three sons. I can only imagine the emptyness this has left for this young man's family. I travel to New Orleans for work quite often. I have to say Katrina was a minor storm compared to the storm for the people in the crime infested communities. Some of the people have no way out. Katrina forced many of the citizens of New Orleans out, but in the case of James McKenzie his storm came and left him dead in an abandon house. I truly believe Katrina was a blessing for so many people who did not return to New Orleans. I have read the success stories in the Star Telegram of those families relocated to the DFW area. They have given their kids a chance and started better lives. James McKenzie is a victim of Katrina, but his Katrina walks around with his pants sagging and his cap turned backwards. His Katrina doesn't affect all races only those of African American Community between the ages of 15-24. Kirk Franklin sings a song called " The Storm is Over Now", but it's only the beginning of the storm for many of our young black men throughout American with the declining rates of young black men seeking higher education and soaring rates of these young men going to prison. We must wrap our arms around this generation to save the future of the Black Man in America if not the STORM WILL CONTINUE.
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BlackLegalIssues.com Aug-14-2009 1968 16
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By: Daryl K. Washington
Let me start out by saying what Michael Vick did was wrong. But did he deserve to forfeit $130 million dollars, serve time in prison and upon his release be suspended for another four games? ABSOLUTELY NOT. What Martha Stewart, Rick Pitino, Michael Phelps, Marv Albert and others did was equally wrong. What's the difference? They were allowed to return to their prospective profession with plenty of support from their peers, fans and the Media without the forfeiture of millions of dollars. Michael Phelps recently received the ESPY's Male Athlete of the Year despite being caught with drugs on TAPE.
I'm somewhat confused why we only heard from individuals like Terrell Owens and a few of Vick's former Atlanta teammates during Vick's attempted return to the NFL. It often amazes me how so many athletes who have had to struggle to get to the point they are sit so idle as many of our Black Athletes are unfairly convicted and punished by the media, fans, team owners, criminal justice system and now the new NFL Commissioner, Roger Goodell.
Is it because they are afraid that if they took a stance against the many injustices that occur each and every day they would sacrifice the millions they make each year? Or, have the owners prohibited them from taking a political stance? Whatever the reason, the time is now for them to be a supporter of something besides self. I'm so happy that Martin Luther King, Thurgood Marshall, Rosa Parks, Muhammad Ali, Jim Brown and others were willing to sacrifice it all for the betterment of our society. Every Black Athlete should follow the lead of Tony Dungy as he stands side by side with Michael Vick upon his return to work.
Each day, I receive letters from individuals who have been victimized by the criminal justice system. So many of these individuals are innocent African Americans males who don't have the platform and resources to get their stories out. They would give the coats of their backs to cheer for one of the successful athletes but would our Black athletes do the same for them? Each and every day the cameras are placed into the face of so many influential and successful African American athletes yet I can count the times they've seized that moment to sacrifice the attention that is placed on them to take a stance against racial injustices. So many of our African American kids idolize these athletes yet I've not seen a public service announcement from our athletes to stop the violence in cities like Chicago and New Orleans.
I'm the first to say that we have many athletes who give back to the communities on a daily basis. However, money, although great, is not the solution to every problem. We need our African American athletes to demand that our athletes are not unfairly punished for simply making a mistake. We need our athletes to take a stance against the racial injustices occurring each day. There is no one in this world who can make me believe Donte' Stallworth was intentionally trying to kill 59-year-old crane operator Mario Reyes the morning of March 14 in Miami. In fact, the criminal justice system did not think so as reflected in his sentence. However, NFL commissioner Roger Goodell decided Donte’ Stallworth’s football punishment should last much longer than his 24 days in jail and cost him much more than the financial settlement he reached with the family. Stallworth was suspended without pay Thursday for the entire season. He is barred from team activities until he is reinstated after the Super Bowl. Despite that, Stallworth had the class to make the following statement: “Regardless of the length of my suspension, I will carry the burden of Mr. Reyes’ death for the rest of my life,” Stallworth said. “I urge NFL fans not to judge NFL players or me based on my tragic lapse in judgment. I am a good person who did a bad thing. I will use the period of my suspension to reflect, fulfill my obligations, and use this experience to make a positive impact on the lives of those who look up to NFL players.”
What happened to Donte' Stallworth and Michael Vick could happen to anyone. When Kobe Bryant was falsely accused of raping a lady in Colorado we had to listen to this on talk radio and on the news each and every day until the matter was settled. We heard about it so much until most people started to believe it. Some even stated that he should be banned from basketball. He was booed in every city he played in and treated poorly by the media, female advocacy groups and did not receive much support in the media from his peers. However, just recently a woman filed a similar lawsuit accusing Pittsburgh Steelers quarterback Ben Roethlisberger of rape. Despite the seriousness of the charges, this is what was said about the incident: The Steelers and NFL Commissioner Roger Goodell said they were looking into the allegations against Roethlisberger. Goodell went on to say that "I don't know enough of the details, but it's a civil lawsuit. It's something that we obviously will look into."
Not one mention of suspension pending the investigations of the serious allegations. I have not seen one female advocacy group come forward protesting the commissioner's decision to allow Roethlisberger to play despite these serious allegations. This is what we've come to, the rights of ladies, when they are allegedly violated by non African American athletes, are not as important as the rights of dogs. I'm a huge supporter of Roethlisberger and believe he should not be prosecuted in the media for something he may have not done; however, the same support that is given to white athletes should be given to black athletes who are largely responsible for the billions of dollars generated in our economy each year.
The fans and media call athletes and entertainers like Terrell Owens and Snoop Dogg selfish and strange. I say thanks to the two of them for having the courage to support others during their struggles. Never judge someone because you can one day be in a similar position that Vick was in. I will say to our Black athletes who fail to take a stance against the racial injustices to remember the great lyrics written by the late Michael Jackson in his song entitled "Man in the Mirror." Michael stated in the song that "I'm gonna make a change, for once in my life. It's gonna feel real good, gonna make a difference
Gonna make it right...
"As I, turn up the collar on my favorite winter coat, This wind is blowin' my mind. I see the kids in the street, with not enough to eat. Who am I, to be blind? Pretending not to see their needs. A summer's disregard, a broken bottle top And a one man's soul. They follow each other on the wind ya' know 'Cause they got nowhere to go. That's why I want you to know "I'm starting with the man in the mirror, I'm asking him to change his ways."
Daryl K. Washington is an attorney specializing in complex Commercial Litigation, Business Transactions and Sports and Entertainment Law. Daryl utilizes his experience as a former certified contract advisor with the National Football League to serve as a consultant to athletes in their selection of an agent to represent them in contract negotiations. If you have any questions, you can email Daryl at dwashington@dwashlawfirm.com or call him at 214-880-4883.
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BlackLegalIssues.com Feb-23-2009 1899 3
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By: Daryl K. Washington
Now that your season is over, you’re probably wondering, “how do I select the right agent to represent me and not make the mistake of a lifetime?” This is a question going through the minds of hundreds of college seniors and underclassmen as they prepare for the 2009 NFL Draft. My answer to the question remains the same; go with your gut feelings! Go with someone you can trust. Unfortunately, this is not how it often happens. There are many things unrelated to contract negotiations that play a role in an individual being influenced to sign with a particular agent.
As a former agent, the reasons I’ve heard that an athlete did not sign with an agent are mind boggling. The stories of agents paying off a player’s family, paying for unnecessary gadgets, arranging unnecessary lines of credit, paying for training, purchasing luxury items to interfering with or risking a player’s collegiate eligibility all come to mind. What I do know is that if someone attempts to buy you, he will sell you just as fast. Section 3B(2) of the Regulations governing Contract Advisors (the “Regulations”) states in its pertinent part that an agent is prohibited from providing or offering money or any other thing of value to any player or prospective player to induce or encourage that player to utilize his/her services.
A red light should immediately go off in your head if someone offers you money or other perks to work for you. To put it in proper perspective, that’s the equivalent of me paying my employer to work for them. It does not make any sense. As a future professional athlete, your primary concern is that you sign with an agent who is knowledgeable, has integrity, character, and the ability to gain your trust and who will work in your best interest. Do not sign with an agent because he/she represents ten first rounders, your teammates, offers you the most money or works for a National Firm. Sign with someone you have a connection with. In all likelihood, if you sign with someone who represents many athletes, you will not get the attention you require and deserve. You will be treated like a number.
Always remember, if an agent is willing to break a rule to sign you, he will steal from you. Nothing is free; An agent is in the game to make money! So if an agent fronts you money and says you do not have to pay him back, you’ve now forced that agent to lie and cheat you. It happens all so often, agents getting a fee from someone else without disclosing the fact to you. Some agents may think it’s perfectly okay, but it’s not. If you are introduced to someone by a Contract Advisor, make sure you inquire if the Advisor is being paid a fee. Section 3(B)(20) of the Regulations prohibits an agent from failing to disclose in writing to any player represented by a Contract Advisor any fee paid or received by Contract Advisor to or from a third party in return for providing service to that player.
In closing, an agent will tell you what you want to hear to sign you. You do not need that. You need someone who will be honest and will look out for you. Your goal is to have financial independence during and after your career is over so if you choose to go fishing everyday, you can. Good luck with your selection process.
Daryl K. Washington is an attorney specializing in complex Commercial Litigation and Business Transactions. He also represents coaches in NCAA investigations and compliance matters. In addition, Daryl also utilizes his experience as a former certified contract advisor with the National Football League to serve as a consultant to athletes in their selection of an agent to represent them in contract negotiations. If you have any questions, you can email Daryl at dkwashlaw@aol.com or call him at 214-880-4883.
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