Tag Archive: Blue Cross Plan Offerings


 

 

 

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Bloomberg revealed a probe was started in 2015 regarding data center equipment run by Amazon Web Services (AWS) and Apple may have been subject to surveillance from the Chinese government via a tiny microchip inserted during the equipment manufacturing process at factories run by subcontractors in China.  The chips were used for gathering intellectual property and trade secrets from American companies and may have been introduced by a Silicon Valley company called Super Micro.    Though Apple, AWS and Super Micro deny knowledge of the claims or investigation, a probe that started 3 years ago is still open.

In early 2015, Amazon was looking to expand their web streaming services and began working with Elemental Technologies, based in Oregan.  Elemental, which has government contracts, made software for compressing massive video files and formatting them for different devices. Its technology has been used to communicate with the International Space Station and funnel drone footage to the Central Intelligence Agency.

The chips were discovered after AWS hired a third-party security company to scrutinize Elemental’s products.  The company examined the servers that customers installed in their networks to handle the video compression.  Testers found tiny microchips, not much bigger than a grain of rice, nested on the servers’ motherboards that weren’t part of the boards’ original design.  Amazon reported the findings to the US authorities.  These servers were assembled for Elemental by Super Micro, who has their servers assembled by manufacturing subcontractors in China.

During the top-secret probe, investigators determined that the chips allowed the attackers to create a doorway into any network that included the altered machines. This kind of tampering is especially hard to accomplish because it means developing a deep understanding of a product’s design, manipulating components at the factory, and ensuring that the doctored devices made it through the global logistics chain to the desired location.

Investigators found that the tampered products eventually affected almost 30 companies, including a major bank, government contractors, and Apple Inc.  Apple had planned to order more than 30,000 of its servers in two years for a new global network of data centers.  Three senior insiders at Apple say that they also found malicious chips on Super Micro motherboards.  Apple severed ties with Super Micro in 2016 for what they officially described as unrelated reasons.

Amazon, Apple and Super Micro deny any knowledge of planted chips though six current and former senior national security officials have detailed the discovery of the chips and the government’s investigation.  One government official says China’s goal was long-term access to high-value corporate secrets and sensitive government networks. No consumer data is known to have been stolen.

Share your thoughts in the comments section!

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Bill Cosby Sentenced

 

 

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Comedian Bill Cosby was sentenced to three to 10 years in a state prison for drugging and sexually assaulting Andrea Constand at his home 14 years ago.  Cosby, 81, will be eligible for parole in three years and could be released from prison and allowed to serve out the rest of his 10-year sentence under supervision in the community.

Judge Steven O’Neill said the evidence that Cosby planned the drugging and sexual assault of his victim was “overwhelming,” based on Cosby’s own words in a civil deposition.  In the deposition, provided the year after the alleged assault, as Constand pursued a civil suit against him, Cosby admitted that he procured Quaaludes for women he wanted to have sex.  Cosby also admitted that he asked a modeling agent to connect him with young women who were new in town and “financially not doing well.  Judge Steven O’Neill ruled that the 2005 testimony could be presented to the jury in his criminal trial.

Months after his depositions, Cosby settled the case with Constand and the accusations quickly faded. In October 2014, a Philadelphia magazine reporter at a Hannibal Buress show uploaded a clip of the comedian calling Bill Cosby a rapist and commenting on his Teflon image.  The clip went viral and soon after many accusers stepped forward.  More than 60 women have accused Cosby of sexual assault or harassment, stretching back to the 1960’s but Constand’s case was the only one that led to criminal charges against the comedian.  During interviews, all of the women gave similar accounts of blacking out after having a drink supplied by Cosby and later waking up during or after a sexual assault.  Most said they stayed quiet because they never thought anyone would believe them since Cosby was wealthy and at the height of his career.

On April 26, he was found guilty of three counts of aggravated indecent assault for the 2004 drugging and sexual assault of Andrea Constand. Each charge carries a maximum of 10 years in prison but Judge Steven O’Neill said that the charges had been merged into one because they all stem from the same event.  Constand, a 31-year-old Temple women’s basketball official he was mentoring at the time of the assault.  She testified in detail at the trial about losing control of her limbs after taking pills given to her by Cosby, who served on Temple’s board of trustees and was the public face of the university. The pills, Constand said, left her unable to stop him from violating her at his suburban Philadelphia estate.

At the sentencing hearing, O’Neill aid, “No one is above the law, and no one should be treated differently or disproportionally.”  “This was a serious crime,” O’Neill added. “Mr. Cosby, this has all circled back to you. The day has come, the time has come.”  Cosby was also ordered to pay a fine of $25,000 plus the costs of prosecution — a total of $43,611 — as part of the sentence.  Cosby’s attorneys have repeatedly said they plan to file an appeal in the criminal case.

 

 

 

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Dallas police Officer Amber Guyger, who fatally shot 26-year-old Botham Jean in his Cedars apartment, was fired just days after Police Chief U. Renee Hall said doing so would compromise the criminal investigation.  A news release stated that Hall fired Guyger after an internal investigation found the officer had engaged in “adverse conduct” when she was charged with manslaughter three days after the shooting.

Guyger shot Jean, her upstairs neighbor, the night of Sept. 6. Jean, an accountant with PricewaterhouseCoopers, lived on the fourth floor in apartment 1478 of the South Side Flats. Guyger, an officer for four years, was his immediate downstairs neighbor.  After entering his apartment that she mistook for her own.  She entered the dark apartment after a long shift and believed Jean, who was unarmed, was a burglar.

After she shot him, Guyger called 911 in tears, “I thought it was my apartment,” she said repeatedly and apologized to Jean, “I’m so sorry.”  Police arrived within four minutes of her call, and paramedics rushed Jean to Baylor University Medical Center, where he was pronounced dead.  Guyger was charged with manslaughter three days after the shooting and has been on administrative leave since the shooting.  She’s currently free on a $300,000 bond while she awaits trial.

There was widespread calls for action and protests demanding that Guyger be terminated.  Chief Hall said that she couldn’t fire Guyger before an internal investigation was completed because of federal, state and local laws but she didn’t specify to which laws she was referring.   Hall released a statement saying she didn’t want to risk interfering with a criminal investigation by making a decision about Guyger’s employment.

The Dallas Police Department turned over the investigation to the Texas Rangers shortly after the shooting. The Dallas County District Attorney’s office is also conducting its own investigation.  Those investigations aren’t complete, but Hall said police were notified that a “critical portion” of the criminal investigation — the part that could have been compromised by an internal investigation — had been concluded over the weekend.

Guyger’s firing was supported by Mayor Mike Rawlings, who called it “the right decision in the interest of justice”.  A statement from the mayor read “I have heard the calls for this action from many, including the Jean family, and I agree that this is the right decision in the interest of justice for Botham Jean and the citizens of Dallas.  The swift termination of any officer who engages in misconduct that leads to the loss of innocent life is essential if the Dallas Police Department is to gain and maintain the public trust.”

Guyger’s attorney Robert Rogers said in a written statement that Hall “bowed to pressure from anti-police groups and took action before all of the facts had been gathered and due process was afforded.”  Rogers said his client is “completely devastated by what happened.” The shooting, he said, was “a tragic mistake and words can never express our sorrow for the pain being suffered by those who knew and loved Botham Jean.”

 

 

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Students at Portland State University in Oregon are calling on administrators to disarm campus police, three months after a pair of officers fatally shot 45-year-old Jason Washington.  The shooting was the first campus officer-involved shooting at PSU.  Washington was shot in June as he tried to break up a bar fight on campus. Portland State University’s Board of Trustees voted in 2015 to arm campus police officers and PSU students are once again demanding they reverse the policy.

The Portland State University Student Union held a rally and a march on campus to demand the disarming of campus police officers. Members followed the march by announcing an occupation for Jason Washington outside the PSU public safety offices.  In 2015, the student union led a year-long campaign that asked the school to reverse its 2015 decision to arm campus police officers.  After a grand jury decided not to charge the officers, the student union said they believe school officials are now open to the idea of disarming officers.  The PSU Board of Trustees released a statement after the ruling that reads, “The board wrestled with the decision to arm campus police in 2014, and we are prepared to wrestle with it again — with open minds — to determine whether the current policy should be continued or changed.”

Police body cam video of the killing shows campus police officers Shawn McKenzie and James Dewey opening fire on Washington, after a handgun Washington was wearing on his hip fell from its holster during a scuffle.  The gun belonged to Washington’s friend, Jeremy Wilkinson, who asked him to hold it just before the fight.  A grand jury declined to indict the officers over the killing after determining the fatal shooting was a lawful act of self-defense and/or the defense of a third person.

Washington, a Navy veteran and postal worker, had met two friends at the Cheerful Tortoise on the afternoon of Thursday, June 28.  Ryan Pratt, one of the friends out with Washington, told officers he met up with Wilkinson at his apartment at 2 p.m. that afternoon and the two of them took an Uber to the Cheerful Tortoise to meet Washington.  After a few drinks, the trio walked to Buffalo Wild Wings and each had 2 shots and a couple beers before heading to the pool hall and betting lounge Rialto at around 7:30pm where they had “one or two beers,” according to Pratt.

Derrial Peterson, the security guard at Rialto, told investigators that Washington appeared to be less intoxicated than Wilkinson and Washington told him that he needs to keep his wits about him because he never knows what is going to happen with Jeremy Wilkinson.  Peterson said he asked the men to leave and overheard Washington chastising his friend about always getting them in trouble and asking why he couldn’t just keep his mouth shut.  The trio returned to the Cheerful Tortoise where they began arguing with people which continued outside.  At this point, Washington took possession of Wilkinson’s gun, holstering it to his hip. Wilkinson said he then began to fight with men outside the bar.  Body camera footage shows the two officers arriving in the midst of the drunken brawl early on June 29.  Washington can be seen with his arms extended, attempting to stop several men from brawling.  As the fight escalates someone can be heard saying “He’s got a gun.” “Drop the gun!” an officer yells several times. “We’ll shoot you!”  One second after that warning, Officer McKenzie shoots.

After the shooting, Wilkinson can be seen in the video, lying next to Washington’s body saying “Holy sh** Michelle’s going to kill me,” referring to Washington’s wife.  Fewer than 30 seconds elapsed between the time Portland State University Police got out of their vehicle and the moment Jason Washington was shot and killed.  The police report shows Washington had sustained gunshot wounds in right knee, his back, left chest, the right side of his neck and left cheek.

 

 

 

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Many are outraged after a Dallas police officer has only been charged with manslaughter after shooting and killing 26-year-old Botham Shem Jean in his own apartment.  Police Officer Amber Guyger, who was off-duty at the time of the shooting, says she thought she was in her own apartment and fired after thinking she was confronting an intruder in the dark apartment.  She turned herself in and was released on $300,000 bond.  Investigators have taken a blood sample from the officer to test for drugs and alcohol but the results have not been released.

As more details of what happened that night are released, the incident seems more and more confusing, adding to the mystery of the case.  According to Guyger’s account, she arrived home around 10pm after working a 15-hour shift to the South Side Flats apartments on September 6th.  She didn’t realize she had parked her car on the wrong level of the parking garage and entered the wrong floor of her building.  Guyger lives on the fourth floor while Jean lived on the third floor.  Once she entered what she thought was her own apartment, she says she saw a “large silhouette” in the dark apartment and she thought she had walked in on a burglary.  She fired, hitting Jean in the chest, ultimately killing him and only realized that the apartment was not hers when she turned on the lights in the apartment.  She then called 911 and checked the apartment number outside the door as she explained what occurred to the dispatcher.

Details of a September 9 arrest affidavit filed after Guyger turned herself in only add to the confusion.  The affidavit, which was written after an interview with Guyger, states that Jean was actually shot farther into his apartment.  In that account, after Guyger returned home and entered the wrong floor of the building, she attempted to use an electronic key to open the apartment front door. However, the door was slightly ajar and the force of using her key pushed the door open, despite the fact that her key did not open the lock.  Guyger then entered the apartment and after seeing a “large silhouette” issued verbal commands and then fired twice.

Attorney Lee Merritt, who is representing the family, said they are skeptical that Jean would have left the door to his apartment ajar, saying the PricewaterhouseCoopers worker was a “meticulous” person who would have made sure his door was locked for his own safety.  Merritt also said that two sisters who live in the building had come forward giving details that contradict the affidavit.  The sisters claim that before the shooting, they heard knocking followed by a woman’s voice saying, “Let me in. Let me in.” Then they heard gunshots, followed by a man’s voice saying, “Oh my God, why did you do that?”  One of the women also took a video after the shooting, which shows what appears to be Guyger pacing outside the apartment as emergency responders arrive.

The case is still under investigation by the Texas Rangers and separately by the district attorney’s office– and will be presented to a grand jury.  A grand jury will decide whether to indict Guyger on a different charge than manslaughter or not to indict her at all.  Jean’s family and community members have raised a number of concerns about the pace of the investigation and how it is being handled.  They argue that Guyger is receiving deferential treatment that a civilian suspect would not receive, noting that she was charged with manslaughter rather than murder and that the charge did not come until three days after the shooting.

We want to hear from you!  Do you think this officer received special treatment in the handling of this case? Let us know what you think in the comments.

 

 

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Jury selection is underway in the murder trial of Chicago police officer Jason Van Dyke, who’s charged in the killing of 17-year-old in October 2014. The killing was captured on a police dash cam video released under court order, which contradicted police claims about the shooting. The video shows the teenager posing no threat and walking away from the officers before Van Dyke opened fire 16 times.

On October 20, 2014, just before 10pm, police responded to reports of someone breaking into vehicles in a trucking yard at 41st and Kildare Avenue.  Initial reports said McDonald had been behaving erratically while walking down the street while holding a folding knife with a three-inch blade. When officers confronted McDonald, he used a knife with a 3-inch blade to slice the tire on a patrol vehicle and damage its windshield.  McDonald walked away from police after numerous verbal instructions from officers to drop the knife, at which point responding officers requested Taser backup.

Video of the shooting shows that Officer Van Dyke was advancing on McDonald, while McDonald was walking away from him when the first shot was fired. The first shot hit McDonald, who spun and fell to the ground.  As McDonald lay on the ground, still holding the knife, Van Dyke fired more shots into him from about 10 feet away, expending the maximum capacity of his 9mm semi-automatic firearm. Van Dyke was on scene for less than 30 seconds before opening fire and the first shot he fired was 6 seconds after he exited his patrol car.  McDonald was shot 16 times in 14–15 seconds and 9 of those shots hit his back as he lay on the ground.  Toxicology reports later revealed that McDonald had PCP in his blood and urine.

The first responding officer said that he did not see the need to use force and none of the at least eight other officers on the scene fired their weapons.  Even though McDonald’s death was ruled a homicide due to multiple gunshot wounds, initial police statements of the incident prompted police supervisors to rule the case a justifiable homicide and within the bounds of the department’s use of force guidelines.  The reports did not say how many times McDonald was shot and said McDonald was acting “crazed” and lunged at officers after refusing to drop his knife.  After the shooting a police union representative told reporters that Van Dyke had acted in self-defense after McDonald lunged at him and his partner.

On November 24, 2015, shortly after dashcam video of the incident was released to the public, Cook County State’s Attorney Anita Alvarez announced that Van Dyke was charged with first-degree murder and he turned himself in to authorities.  He was initially held without bail at Cook County Jail for six days.  On November 30, he was granted bail, set at $1,500,000. He posted $150,000—ten percent of the bail—and was released from jail.  On December 16, Van Dyke was indicted by a grand jury on six counts of first-degree murder and one count of official misconduct.  On December 29, 2015, Van Dyke pled not guilty to the charges.  If convicted of first-degree murder, Van Dyke faces a prison sentence of 20 years to life.

On June 27, 2017, three Chicago police officers were indicted for charges of conspiracy, obstruction of justice, and official misconduct for allegedly attempting to cover up the events surrounding the shooting.

 

 

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The father of murdered Iowa college student Mollie Tibbetts is demanding politicians and white supremacists stop using his daughter’s death to promote hate against immigrants.  In an article for The Des Moines Register, Rob Tibbetts wrote, “Do not appropriate Mollie’s soul in advancing views she believed were profoundly racist. The act grievously extends the crime that stole Mollie from our family.  The person who is accused of taking Mollie’s life is no more a reflection of the Hispanic community as white supremacists are of all white people.  To suggest otherwise is a lie.  Sadly, others have ignored our request, they have instead chosen to callously distort and corrupt Mollie’s tragic death to advance a cause she vehemently opposed.”

Tibbetts doesn’t want to see his daughter used as a “pawn in others’ debate,” he said.  “She may not be able to speak for herself, but I can and will. Please leave us out of your debate. Allow us to grieve in privacy and with dignity. At long last, show some decency. On behalf of my family and Mollie’s memory, I’m imploring you to stop.”

Rob Tibbetts also addressed animosity towards immigrants at his daughter’s funeral when he said “the Hispanic community are Iowans, they have the same values as Iowans. As far as I’m concerned, they’re Iowans with better food.”  “To the Hispanic community, my family stands with you and offers its heartfelt apology.  That you’ve been beset by the circumstances of Mollie’s death is wrong. We treasure the contribution you bring to the American tapestry in all its color and melody.”

Before she went missing, Tibbetts’ brother dropped her off at her boyfriend’s house so she could dog-sit.  Her family reported her missing the next day after she did not show up for work.  The last time anyone saw Tibbetts, 20, was around 7:30 p.m. on July 18th as she was jogging in Brooklyn, a community of 1,500 people in eastern Iowa.  According to her boyfriend, Dalton Jack, Tibbetts had sent him a message saying she was heading out for some exercise as part of her typical routine.  A massive ground search involving more than 200 people broken up into 37 teams was conducted on July 20 encompassing the farmlands and fields within a five-mile radius of Brooklyn, with helicopters hovering above, according to authorities.  Investigators had received more than 1,500 tips and conducted more than 500 interviews in the case.

The investigation led to 24-year-old Cristhian Bahena Rivera of rural Poweshiek County, an undocumented farmworker from Mexico who has been charged with first-degree murder for her death.  Investigators say their search led to Rivera after they acquired surveillance camera footage that showed Mollie running, as well as the travel patterns of a vehicle believed to belong to Rivera. After reviewing the video, they determined that Rivera was one of the last people to see her running.

During the police interview, Rivera said that he had seen Tibbitts before and when he saw her running on July 18th, he began following her.  He parked his car and began running alongside and behind her.  At some point, Mollie took out her phone and told him “You need to leave me alone. I’m going to call the police” and then she took off running.   Rivera told police that he got angry and chased her down but that he blacked out and woke up at an intersection in rural Poweshiek County.  He told investigators he realized he had put the woman in the trunk of his car and when he took her out, he saw blood on the side of her head.  He then drove to a rural cornfield and left the body in the field, covering it with corn leaves.   Investigators said that after the interview, Rivera led investigators to her body.

 

 

 

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Puerto Rico’s Governor Ricardo Rossello raised the island’s official death toll from Hurricane Maria from 64 to 2,975, making the September 2017 storm one of the deadliest in U.S. history.  The announcement came following the release of an independent study ordered by the Rossello administration that found the number of people who succumbed in the months after the storm had been severely undercounted.

The new estimate of nearly 3,000 dead in the six months after Maria devastated the island and knocked out the entire electrical grid was made by researchers with the Milken Institute School of Public Health at George Washington University.  While Puerto Rico is now putting the death toll at 2,975, other studies show the actual death toll from Hurricane Maria may be considerably higher. In May, a study published in The New England Journal of Medicine found the death toll to be at least 4,645—and perhaps as high as 5,740.

The George Washington researchers said the official count from the Sept. 20 hurricane was low in part because doctors were not trained in how to classify deaths after a disaster.  Researchers reported that physicians and others told them that Puerto Rico’s government did not notify them about federal guidelines on how to document deaths related to a major disaster.

The number of deaths from September 2017 to February 2018 was 22 percent higher than the same period in previous years.  Researchers said they counted deaths over the span of six months — a much longer period than usual — because so many people were without power during that time.  Their reasoning is that the loss of power for such an extended period of time and severe devastation forced people to exert themselves physically or were exposed to intense heat without fans or air conditioning.

There is no national standard for how to count disaster-related deaths. While the National Hurricane Center reports only direct deaths, such as those caused by flying debris or drowning, some local governments may include indirect deaths from such things as heart attacks and house fires.

Puerto Rico’s government released data in June showing increases in several illnesses in 2017 that could have been linked to the storm: Cases of sepsis, a serious bloodstream infection usually caused by bacteria, rose from 708 in 2016 to 835 last year. Deaths from diabetes went from 3,151 to 3,250, and deaths from heart illnesses increased from 5,417 to 5,586.

The study also found that government emergency plans in place when Maria hit were not designed for hurricanes greater than a Category 1. Maria was a Category 4 with 154 mph winds and the damage was estimated at more than $100 billion.  Researchers made several recommendations, including more emergency planning and government training for doctors on filling out death certificates.  They also said the public health system needs to be strengthened.  It remains to be seen whether Puerto Rico can adopt any of the recommendations since the island is trying to restructure a portion of its more than $70 billion public debt amid a 12-year recession.

 

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Michigan’s state health director Nick Lyons is facing trial for involuntary manslaughter over the deaths of two men amid an outbreak of Legionnaires’ disease in Flint after the city switched its water supply to the Flint River in an attempt to save money.  The Flint region’s 2014-2015 Legionnaires’ disease outbreak that killed 12 people and sickened another 79 people.  Michigan has admitted 12 people died in the outbreak, but a recent report by PBS “Frontline” has found the death toll from the water crisis in Flint may be higher than Michigan officials have acknowledged.

Judge David Goggins issued a ruling sending Nick Lyon’s criminal case to a full trial, meaning the judge believes there is enough valid evidence for a jury to consider.  The ruling came at the end of a 10-month preliminary hearing that started in September and wrapped up in early July after more than 25 days of testimony.  Lyons is the highest-ranking state official to face charges so far over Flint’s water-poisoning crisis.  He’s also being charged with willful neglect of duty and misconduct in office for the deaths of John Snyder and Robert Skidmore.  The involuntary manslaughter charge is a felony punishable by up to 15 years in prison. Lyon’s felony misconduct in office charge is for allegedly obstructing academic researchers from studying the outbreak, which carries a sentence of up to five years in prison.

Both men allegedly died from Legionnaires’ disease caused by Flint switching its drinking water source to the Flint River in 2014.  They did not ensure that the water was properly treated to prevent corrosion in old plumbing. This caused lead and other metals to leach into the water, exposing residents and risking permanent neurological damage to local children.  The improper water treatment also interfered with disinfectants and caused the release of iron and other bacterial nutrients into the water, which can spur the spread and growth of Legionella bacteria. When those germs are aerosolized and inhaled from sources such as hot showers, humidifiers, and water coolers, they can cause a deadly form of pneumonia called Legionnaire’s disease.

Flint experienced a surge in Legionnaire’s disease after the water switch, with cases totaling around 100 and leading to at least 12 deaths, including Skidmore and Snyder’s. Researchers with the Centers for Disease Control and Prevention genetically linked the bacteria infecting patients to those found in the city’s water.  Prosecutors argued Lyon, the Michigan Department of Health and Human Services director, waited too long to alert the public to an outbreak of Legionnaires’ disease in Flint during the water crisis. He allegedly knew about the outbreak in early 2015 but waited nearly a full year before alerting the public.  Both men were said to be healthy and active prior to their hospitalizations.   Lyon’s defense attorneys argued he was not negligent in the men’s deaths and that prosecuting a public official who did his best amid a wide-ranging crisis would have a chilling effect on other public employees doing their duties.  They pointed out Skidmore and Snyder “would have received the same medical treatment” even if Lyon had made an announcement sooner.

In a statement issued after the ruling, Governor Rick Snyder praised Lyon’s work during the Flint water crisis and said Lyon would remain on the job as Michigan Department of Health and Human Services director during the trial.  An additional 14 current or former state and local officials have been criminally charged in connection with the water issues.

State officials now say that the city’s water meets federal standards for lead and other contaminants but the water can still pick up toxic ingredients from contaminated pipes. For now, residents need to continue drinking bottled or filtered water until the city’s plumbing is replaced, which the city is working to do by 2020.

 

 

 

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In Pennsylvania, South Whitehall Township Police Officer Jonathan Roselle has been charged with manslaughter for fatally shooting 44-year-old Joseph Santos.  The shooting happened July 28 along a busy highway near Dorney Park in South Whitehall Township.  Officer Roselle was investigating reports of a Latino man interfering with traffic when he encountered Santos.

Officer Roselle was initially monitoring traffic when a woman came to him about a man who had approached and tried to enter her vehicle.  At least one other driver told the officer that a Latino man was jumping on cars and interfering with traffic.  When Roselle encountered Santos, the officer found him bleeding.  Roselle notified dispatchers of a man with possible mental issues and requested more units at the scene.

According to several videos captured by bystanders, Santos went on to hit and jump on the officer’s car.  Santos is seen walking away from Roselle and his vehicle. At some point, Santos struck the driver side of the officer’s SUV and jumped on the hood of the vehicle. Once off the hood, Santos continued to hit the side of the vehicle, eventually leaning on the SUV.  Roselle ordered Santos during this time to back away from the SUV.  Some of the bystander videos of the encounter captured this.

They also show Santos walking away from the Roselle’s vehicle and then turning back around to walk toward the officer. Roselle is heard yelling for Santos to “get on the ground,” but Santos does not comply. Shortly after, Roselle shot Santos five times and Santos is seen falling to the ground.

While announcing the charges at a press conference, Lehigh County District Attorney Jim Martin told reporters that “in this case, there is no evidence that Mr. Santos was armed with any weapon and no evidence that he had committed or attempted a forcible felony.”  Officer Roselle, 33, who was on patrol by himself for fewer than five months, “killed under an unreasonable, mistaken belief that he was justified” in fatally shooting Santos, Martin added.

Officials said Roselle remains on administrative leave, while the investigation into the shooting continues.  The rookie cop previously served in the U.S. Army and did a tour in Afghanistan.  Roselle graduated from the Allentown Police Academy last year and completed about 13 weeks of field training before being allowed to patrol by himself, the district attorney said.  Martin acknowledged Santos’ bizarre behavior but added that when Santos walked toward the officer again, “he was not running or rushing toward the officer. He did not have anything visible in his hands. He was not clenching his fists. He did not present a threatening posture. He was plainly not armed with any type of weapon.”  Martin also said Santos was heard saying “Don’t do it” before Roselle shot him.

Though Santos failed to comply with the officer’s “legitimate” demands to get on the ground, Martin said, there is nothing objective that shows Roselle “was in danger of imminent serious, bodily injury or death.”  Martin added that Roselle told the first responding officer immediately after the shooting that he thought he “f****d up,” and that he didn’t know what to do because Santos kept advancing toward him. He repeated his “f****d up” comment to his shift supervisor at the scene.

After Santos’ death, family members and community leaders asked why the officer didn’t first use non-lethal force to subdue him. Martin confirmed that Roselle was equipped with a baton, pepper spray and a Taser.  All items were examined and found to be functional.