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SALT LAKE CITY, Utah -- The family of Bernardo Palacios, who was shot and killed by Salt Lake City police in late May, plan to file a civil action lawsuit following a ruling from the district attorney's office, which stated the officers were justified in their use of deadly force.“To see the despair and disappointment on their faces, is something I don’t want to relive,” said attorney Nathan Morris, as he stood in-front of a room full of members of the media Thursday.Next to Morris, a fellow attorney, Brian Webber – beside him, the grieving family of Bernardo Palacios; a 22-year-old man was shot and killed by Salt Lake City Police officers who were responding to calls for threats with a gun in the early morning hours of May 23.“Today, the Salt Lake District Attorney, Sim Gill, announced no criminal charges will be filed,” Morris said as he read a prepared statement from the Palacios family regarding the officers who shot and killed Bernardo. “As a family and as a community we are deeply disappointed and grieved.”Morris continued to read, reiterating findings divulged in the DA’s ruling which found Bernardo was shot at least 34 times.“Officers continued to empty clips after he fell to the ground,” Morris read. “Police officers repeatedly pulled the trigger for 9-seconds.”The barrage of gunfire can be heard and seen from multiple vantage points through the officers’ body camera footage.The family and their representation, said, based on the weeks following Bernardo’s death, they had hoped Gill would press charges against the officers who fired shots.When body camera footage was released, many members of the community came together in public protest, supporting the Palacios family.The Palacios family vowed to continue to fight for justice when Bernardo was laid to rest June 10 -- all the while, eagerly awaiting a ruling from the Salt Lake District Attorney’s Office as to whether or not the officer’s use of force was justified.Community support continued over the following weeks as his portrait was added to a wall of murals, featuring those who had died at the hands of police, off of 800 South and 300 West downtown.“The DA’s unwillingness to prosecute [these officers] makes a mockery of the protesting public,” the family statement continued.Morris and Webber said they intend to file a civil action lawsuit in the coming days, and will continue to fight on behalf of the family until they see change.In order to obtain justice for Bernardo, Morris said the family wanted to see changes to police policy and trainings, ask the legislature to take concrete steps in preventing police brutality and to hold the officers responsible accountable.“Bernardo’s death cannot be forgotten and we pray that justice will be accomplished,” Morris said.Following the family statement and question and answers with the attorneys, the family – comprised of Bernardo’s sister and brother, Karina and Freddie, his mother, Luci and a niece – spoke for themselves.“I feel very upset,” Bernardo’s mother Luci said in Spanish, as tears filled her eyes. “That decision was not one of justice, because my son isn’t with us today.”“I am not living anymore, I feel like I can’t breathe, you can’t imagine what it’s like for a mother whose son was killed like mine,” she continued. “I can’t sleep, my house has lost its happiness because that’s what he brought to it.”“I feel like I’m dying, down to my bones, I’m in pain, all because I don’t have my son with me,” she concluded as she wiped away tears.The family went on to thank the community for their support and ask that the protests not lose steam.An internal investigation at SLCPD is ongoing.Watch the entire press conference with the family below. 3723

SALT LAKE CITY — Some pornographic websites are beginning to comply with a new Utah law requiring that warning labels be attached to adult-oriented materials.At least three major porn sites — Pornhub, XTube and RedTube — have begun attaching an opt-in notification for visitors from Utah, which says that the state believes pornographic materials can be harmful if viewed by minors."It shows for a lot of businesses, they're more concerned about their pocketbook than they are about being prosecuted," said Rep. Brady Brammer, R-Highland, who sponsored the bill earlier this year.Brammer's bill got national attention, and he faced pushback and threats of lawsuits from the adult entertainment industry when it debuted earlier this year. XHamster, another adult website, even trolled the bill by posting a parody warning on its site for Utah viewers to see.Brammer watered down the original bill, and it passed the legislature. Utah Gov. Gary Herbert, a Republican, allowed it to go into law without his signature.The law allows people to bring a private civil action in court against a site for displaying "obscene" materials, but it would require someone to go to court and have something declared "obscene."A trade group representing the porn industry said it advises websites not to comply with the new law, believing it is still unconstitutional."No matter the message, the First Amendment restricts the government's ability to compel speech. Individual companies may choose to comply because it's easier than facing lawsuits or fines. We've never advised our members to comply, and don't believe this is being done in any widespread manner, but respect that a business may make decisions that limit potential liability," Mike Stabile, a spokesman for the Free Speech Coalition, said in an email. "As with similar, previous legislation in Utah, we'll eventually see the law challenged and overturned, and at no small expense to the Utah taxpayer. That's unfortunate, because that money and energy could be spent educating people about actually effective methods of protection, like parental filters."An email sent to Pornhub requesting comment on why it began posting warning labels was not immediately returned.While no websites have challenged the law in court, Brammer believes it will hold up."So far, it's been a lot of talk. I don't think that they will, if they do bring a legal challenge, I don't think they'll be able to succeed on that," Brammer said. "We have a difference of opinion on that. They haven't felt confident enough yet to bring a legal challenge and most of the companies, rather than make the challenge and spend the money on that, they're complying."Brammer said he ultimately would like to expand the legislation to allow for people to sue an adult website, even if they don't know who owns it.But he said he was not planning to bring that forward in the 2021 legislative session that begins in January. Other states have expressed interest in running similar legislation, he said.Brammer said the warning label law has already alerted parents when their child was re-directed to an adult site, and it's educated them about parental filters.He insisted his bill did not block adults from viewing pornography, just minors."If that's where they want to go, they're going to get there. And I'm not trying to stop that," he said. "But I'm giving them a chance if that's not where they want to go."This story was originally published by Ben Winslow on KSTU in Salt Lake City. 3510

SAN DIEGO (CNS) - A complaint was filed Friday on behalf of an asylum-seeking Honduran family -- which includes a newborn U.S. citizen born in Chula Vista -- that was sent across the border to Mexico to await asylum proceedings two days after the child's birth.All four family members, including the newborn who lacks legal immigration status in Mexico, were ordered across the border by Border Patrol agents, according to the joint administrative complaint filed by the American Civil Liberties Union and Jewish Family Service.The organizations have asked the U.S. Department of Homeland Security Office of Inspector General to conduct an investigation into the family's case. They say the family should have been allowed a legally required non-refoulement interview regarding the family's fears of being sent to Mexico.Reached for comment, a CBP spokesperson said, "As a matter of policy, CBP does not comment on pending litigation. However, lack of comment should not be construed as agreement or stipulation with any of the allegations."The complaint alleges the family -- father, pregnant mother and 9-year- old son -- fled Honduras about a year ago and turned themselves in at the U.S.-Mexico border in San Diego on June 27, one day before the mother gave birth to her son. As she was giving birth at Scripps Mercy Hospital in Chula Vista, her husband and son were not told which hospital she was taken to and were ordered back across the border, according to the complaint.After giving birth on June 28, the mother was "interrogated" by Border Patrol agents, according to the complaint, which says the woman asked the whereabouts of her husband and older son but was not given any information by the agents.The ACLU and Jewish Family Service allege the family should have been provided a non-refoulement interview, with both father and mother expressing fears about being returned to Mexico, but instead the mother and newborn were forced across the border on June 30.The complaint also alleges the family tried to enter the United States in March near the U.S-Mexico border in Texas and stated fears over being turned back to Mexico, but were also turned away without being provided a non-refoulement interview. They were told to return weeks later for an immigration hearing, but COVID-19 led to a postponement of their court date.While forced to wait in Mexico, the complaint alleges the family was "accosted and detained by a group of armed men who attempted to extort them."The family is now staying in a rented room in Tijuana, "and neither the newborn, nor his mother, has received any medical care since the birth," in contradiction of guidance from Scripps Mercy Hospital to have follow-up visits with doctors, according to the ACLU and Jewish Family Service."This family should have been granted release into the U.S. to await their asylum proceedings, as the Department of Homeland Security has done with more than 23,500 individuals -- all in family units -- over the past 1.5 years across the San Diego border region," said Luis M. Gonzalez, supervising immigration attorney with Jewish Family Service. "We urge Homeland Security to grant this family entry into the U.S. immediately to keep the family together and allow for adequate care for the U.S. citizen newborn child and for the mother's postpartum medical care."The complaint alleges that not providing the family with a non-refoulement interview violates U.S. law and Department of Homeland Security policies. The organizations demand the family be paroled together in the United States while they await asylum proceedings."This case reflects many of the lived horrors of both the so-called `Migrant Protection Protocols' and Border Patrol impunity," said Mitra Ebadolahi, an ACLU senior staff attorney. "No family should have to endure what this family has experienced. Together with Jewish Family Service, we are demanding a full investigation. The agency must be held to account for its disregard of basic human rights and its policy and legal transgressions." 4050

SAN DIEGO (AP) — A federal judge has knocked down a cornerstone border policy of the Trump administration that denies asylum to people who travel through another country to reach the Mexican border without first seeking protection in that country. Judge Timothy Kelly says authorities violated federal rule-making procedures by not seeking public feedback before putting the policy into effect in July 2019. A week ago, the Supreme Court ruled that the government can deport some people seeking asylum without allowing them to make their case to a federal judge. The decision applied to people who fail their initial asylum screenings, making them eligible for quick deportation, or expedited removal.The immediate impact of the judge's ruling on Tuesday is diminished by a coronavirus pandemic-related measure to quickly expel people who cross the border illegally and block asylum-seekers at official crossings. 921

SAN DIEGO (AP) — The Marine Corps says it has relieved a commanding officer who oversaw a battalion based at Camp Pendleton, citing a 'loss of trust and confidence' in his ability to lead.Officials on Wednesday declined to give details as to what led to the removal of Lt. Col. Francisco Zavala as the commanding officer of the 1st Reconnaissance Battalion.Maj. Jeffrey Erb was named in his place. Zavala had served in the position since 2018.Zavala, a native of Helotes, Texas, joined the Marine Corps in 2000 and had been on multiple deployments, including to South Korea and Iraq. 591