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The Kern County, California District Attorney's Office has decided not to file charges against a man who was on death row for more than two decades, setting him free.Lisa Green made the announcement on Tuesday, saying the case would be nearly impossible to retry in court. She said it would be very difficult to convince a jury beyond a reasonable doubt of Benavides' guilt.According to a decision released by the California Supreme Court last month, the convictions of Vicente Benavides in 1993 "were based on false evidence and that he received ineffective assistance of counsel."The decision also says that "false evidence was introduced at trial and that petitioner's convictions of substantive sexual offenses, special-circumstance findings, and judgment of death must be vacated."Benavides was convicted in 1993 of first-degree murder, rape and other charges. He was sentenced to life. He was serving his term on death row in San Quentin. It was asked that his murder conviction be reduced to second-degree murder. That was also thrown out. The judgment has been vacated entirely. The California Supreme Court cited multiple doctors who evaluated 21-month-old Consuelo Verdugo in November 1991 when she died. The baby was taken from the Delano Regional Medical Center to Kern Medical Center then eventually the UCLA Medical Center where she died November 25, 1991.Multiple reports were made by doctors who said based off the inability to insert a catheter, bruising found near Consuelo's genitalia and other factors, they believed she had been sexually assaulted.In the report put out by the California Supreme Court, many of those doctors then admitted later they were wrong in their initial assumptions and those issues "can instead be attributed to medical intervention," like multiple attempts at inserting a catheter.Speaking on behalf of Benavides’s post-conviction legal team after the conviction was lifted, the Habeas Corpus Resource Center’s Interim Executive Director, Michael J. Hersek said he and his team were pleased with today's decision. 2113

The largest wildfire in Colorado history grew overnight as high winds pushed the blaze through rural communities and the forecast predicts more “extreme fire behavior” on Saturday. Cass Cairns, a spokeswoman for the Cameron Peak fire efforts, says gusts of up to 70 mph overnight created “very significant” fire activity, especially along the southeast section. Officials say they're facing the same critical fire conditions today as yesterday. They’re expecting gusts of 60 mph midday. Boulder County fire officials warned of a new fire that forced the evacuation of Jamestown Saturday afternoon. 605

The largest teachers union in Pennsylvania is demanding that school districts in nearly two dozen counties with the worst coronavirus outbreaks have students temporarily learn from home.State officials recommend virtual instruction in counties with a “substantial” level of community transmission. There are 23 such counties at present.But some Pennsylvania districts have gone their own way, offering classroom instruction or using a hybrid model in which students go to school part-time and learn from home part-time.With winter about to set in, the Pennsylvania State Education Association said Wednesday it’s time for schools to heed public health advice on remote instruction.In a letter, the union said, “It is absolutely unacceptable for any school district to disregard the advice of medical professionals and scientists during a pandemic and put the safety of students, staff, and their families at risk.” 922

The hurricane that swept ashore in Louisiana less than 24 hours ago has weakened to a tropical depression and is bringing heavy rain to western Mississippi.The National Hurricane Center says maximum sustained winds of what was once Hurricane Delta were clocked at 35 mph at around 10 a.m. local time Saturday. At that time, the storm was centered about 65 miles north-northwest of Jackson, Mississippi, and was moving northeast at 16 mph.Tropical storm-force winds gusts will persist for a few more hours over portions of Mississippi and southeastern Arkansas during the day Saturday.Officials say heavy rainfall will lead to flash flooding and minor river flooding across Lower Mississippi and Tennessee Valleys Saturday and into the Southern Appalachians through Sunday.“Minor to major river flooding will continue across portions of Louisiana and Mississippi through much of the week,” NHC said.Hurricane Delta made landfall as a Category 2 storm in southwestern Louisiana. The center of the storm hit land at 6 p.m. Friday near Creole, with top winds of 100 mph.Around landfall, a National Weather Service water gauge at Freshwater Canal Locks, Louisiana, reported a storm surge inundation of more than 8 feet above ground level. The NHC says water levels will continue to subside along the Louisiana coast Saturday.Delta was the 10th named storm to hit the continental United States this year, breaking a century-old record. 1437

The number of mass shootings around the country in 2018 has risen above 300 so far.According to data from the Gun Violence Archive, a total of 314 mass shooting incidents have occurred as of November 19.A shooting injuring four people, including a suspect, at a Chicago hospital and a Monday evening shooting in Denver, injuring at least 4 and killing 1, marked the 315th and 316th mass shootings so far this year, respectively.In 2017, the U.S. saw a total of 346 mass shootings. See statistics for other years here.A November shooting at a bar in Globe, Arizona, which left three dead and one other?injured, marked the 309th mass shooting.There doesn't seem to be an official definition for a "mass shooting" in the United States, but according to the Gun Violence Archive, a mass shooting is described as four or more individuals being shot or killed in the same general time and location. RELATED: School shootings in U.S.: When, where each shooting has occurred in 2018The F.B.I. defines a "mass killing" as the killing of three or more people in a public place, but the federal agency also defines a "mass murderer" as someone who has killed four or more people in the same location.The Gun Violence Archive lists itself as a not-for-profit organization that documents gun violence and gun crime nationally. 1376