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A judge ruled Tuesday the City of Omaha must release a video showing the death of a TV crewman during a shootout at Wendy's in 2014.Bryce Dion, a sound mixer on a shoot at a Wendy's in Omaha for the reality TV show "Cops," was shot and killed Aug. 26, 2014, after Omaha Police returned fire on a man who shot a pellet gun at officers. Officers were called to the restaurant on a report of a robbery.In the video, someone could be heard repeatedly asking, "Bryce, are you alright?" He can be seen slumped against a glass wall in the vestibule of the restaurant.Dion was wearing a bulletproof vest, but was hit with a bullet under his armpit. The suspect, Cortez Washington, who was using an airsoft pellet gun, was also killed.In 2016, Dion's brother, Trevor Dion, filed a wrongful death lawsuit against the city, which had asked a Douglas County District judge to bar the release of the video, according to the Omaha World-Herald. The lawsuit says Dion was doing as instructed when he was hit by gunfire from an Omaha police officer.“Bryce positioned himself where told, when told, and acted in accord with police officer instructions. The perpetrator drew what appeared to be a pistol, but proved to be a pellet gun that simulated discharge. Police responded with live rounds of ammunition. They shot and killed the perpetrator. As they did so, they also shot and killed Bryce who was positioned as directed between at least one police officer who arrived at the scene belatedly, other police officers, and the perpetrator.”Brian Jorde, Dion's attorney, says he plans to use the video and other evidence at trial. The proceedings are expected to begin sometime after July."There's approximately 20 bullet holes just near the area of where Mr. Dion was alone so there's a significant amount of gunfire that was exchanged," Jorde said. "We think the public deserves to know what happens when their taxpayer dollars are at work with the police and otherwise. And I think it sheds light on exactly what happened and that Mr. Dion was caught in the line of the crossfire through no fault of his own."Omaha City Attorney Paul Kratz said the city played the video in court Tuesday to support its motion for the case to be dismissed."The city presented the video to the court in support of its motion for summary judgment, and we believe the video will support that motion," Kratz said when reached by phone Tuesday night. 2468
A federal judge in Indiana is halting the first federal execution in 17 years, citing concerns over the coronavirus. Daniel Lee had been scheduled to die by lethal injection on Monday. But Chief District Judge Jane Magnus-Stinson in Indiana ruled Friday that the execution would be put on hold because the family of the victims wanted to attend but were afraid of traveling during the coronavirus pandemic. The injunction delays the execution until there is no longer such an emergency. The 47-year-old Lee, of Yukon, Oklahoma, was convicted in Arkansas of the 1996 killings of gun dealer William Mueller, his wife, Nancy, and her 8-year-old daughter, Sarah Powell. 673

A majority of teens think remote learning is worse than in-person learning, however only one-in-five would do full in-person learning this fall if it was up to them, according to a survey released this week by SurveyMonkey and Common Sense Media.The survey asked 890 teenagers, ages 13-to-17, a series of questions about the academic school year and their feelings about the impacts of coronavirus pandemic safety measures that have canceled school-related sports, activities and some classes.About 59 percent of participants said that remote learning was “worse” or “much worse” than in-person instruction. And roughly the same percentage are worried about falling behind academically because of the impacts on learning during the pandemic.About one-in-four participants are worried about unreliable internet connection at home."More than any other issue, teens point to remote learning as their biggest academic challenge this fall," said Jon Cohen, chief research officer at SurveyMonkey, in a statement. "So much of the national conversation on virtual schooling focuses on the burden it places on parents and corresponding losses in workplace productivity, but it's possible that the day-to-day impact on students that will have longer-term implications."But teens appear to understand the seriousness of coronavirus and the reasons behind the changes to their learning situation. About 42 percent would prefer to be fully remote learning this fall, and the majority of them cited the threat of coronavirus as their reason.About 69 percent of survey participants are somewhat or very worried that they or someone they know would get sick because of in-person learning.Participants are also worried about their current relationships and future prospects. More than half, 56 percent, say they are somewhat or very worried they will lose connection with friends.Looking ahead in life, about half of teens in the study said they were worried about losing scholarship opportunities and future job or college aspirations because of the pandemic.Survey responses were gathered in the last week of August. About a third of survey participants reported they were going to attend school fully remote learning, and only seven percent were planning on full in-person learning. 2277
A Dundalk couple says they’re trying to figure out who’s responsible after a carnival accident on Friday.A day at a carnival for David Nagel, his wife Stacy, and their 2-year-old grandson was going great until David and Levi were on board the carnival’s merry-go-round.“I grabbed my grandson,” David said. “Ran away from the [the carousel] and got my grandson over the fence to my wife, and then I went back to make sure that everybody else was ok because there was a young lady with two younger kids behind me.”Part of the merry-go-round collapsed with close to 40 people on or nearby.Stacy watched in horror, capturing the entire incident on her smartphone.“It was his first time ever on a merry-go-round. He’s two. He never wanted to get on before and we didn’t push him. He just wanted to get on the merry-go-round so we had to film it. Thank gosh we did,” she said.Firefighters along with ride inspectors worked on the ride for almost an hour.Then the ride went back into service – not against protocol according to state inspectors.The ride services’ owner, Shaw & Sons Amusements, says the state handles inspections.“A major breakdown is a stoppage of operation from any cause that results in damage, failure, or breakage of a structural or stress bearing part of an amusement attraction,” Matt Helminiak, the Commissioner of Labor and Industry – over the amusement ride and safety inspection division, said.By phone, he said if no one was injured or if there weren’t a major breakdown, the state wouldn’t even be alerted.The incident on Friday wasn’t enough to shut the ride down.Still, Helminiak says the state will look at what went wrong with the merry-go-round.“In the case of a mobile ride, every time that ride is set up, a state inspector inspects it before anybody is allowed to ride it, but the operators themselves have a daily inspection requirement and so they inspect it and keep a log of inspections and then have that available for us,” he said.An unsettling feeling for David, who says he wants to see a change in the inspection process, no matter if someone is injured.“I went, number one, to bring back memories and number two – to share joy. It was supposed to be a joyous time. It was until we got on the merry-go-round,” David said.The state will look at the merry-go-round before it’s set up again.No matter the issue, it’s up to the company to get the ride fixed before anyone is able to get on it again. 2447
A custody battle has been raging over the large mammal. The question at hand: Where should a 7,000-pound elephant live?The legal issue pits an elephant sanctuary in Hohenwald, Tenn. against the woman who raised Tarra the elephant since she was a baby.The case went to trial just this week and ended with a hung jury, so the fate of Tarra -- perhaps the best known of the Sanctuary's elephants -- remains in limbo.Tarra is an Asian elephant. Many remember the story from a decade ago of Tarra and her loyal canine companion, Bella. She was the first elephant at the Sanctuary in Hohenwald, brought there by co-founder Carol Buckley in 1995.Years earlier, Buckley took ownership of Tarra from a businessman in California."It was an instantaneous attraction to each other. She needed a mother. She was a baby, and I was happy to fill that role," Buckley said.This led to Buckley starting the sanctuary, but after several years, Buckley was ousted. She left Tarra there knowing it was the best place for her at the time.Now, Buckley operates a new sanctuary in Georgia. She said she never surrendered Tarra, has worried about her welfare in Hohenwald, and is suing to get her back."The lawsuit is very simple. It says I own Tarra," said Buckley.Legal expert Jim Todd said this is the first-of-its-type case in Tennessee.Todd said there's the custody issue, but he added there's also the question of whether Buckley abandoned Tarra.She said no and added her concern has always been what's best for the elephant."I'm going to put her wherever it is best. If Georgia is better for her, I would move her to Georgia," Buckley said. "If Tennessee is better, I would leave her in Tennessee."The two-day trial this week in Lewis County ended with a hung jury. Ten jurors voted to return Tarra to Buckley with two others saying no. A retrial likely won't happen until 2019.Asian elephants typically have a lifespan of 48 years. Tarra is 44 years old.The Elephant Sanctuary issued the following statement saying in part, "We remain fully committed and exist to provide home, herd and individualized lifetime care to all residents of the Sanctuary, as we have done for the past 23 years." 2211
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