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RUTHERFORD COUNTY, North Carolina — A teen who shot and killed her mother's boyfriend will not be charged, authorities said.The Rutherford County Sheriff’s Office and the District Attorney’s Office said on Aug. 8, Chandra Nierman's 15-year-old daughter shot the 46-year-old male as he was attacking Nierman.Her other children, a 12-year-old son, and a 16-year-old daughter were there when the violence occurred. Sheriff's deputies said the man was threatening to "cut Nierman’s throat and kill everyone in the house."A release from authorities said:"Nierman’s twelve-year-old son retrieved a firearm and Nierman’s fifteen-year-old daughter took the gun from her brother and fired it twice, striking the deceased male in the chest. One of the fired rounds fragmented, grazing Nierman’s sixteen-year-old daughter in the leg."The 16-year-old was taken to a hospital and was released."Nierman suffered significant bruises and contusions from the assault," the release said.The investigation also revealed the deceased man had threatened Nierman several times previously, and four days before, he had assaulted Nierman and fired multiple rounds from a firearm inside the residence to threaten and terrorize her."The investigation further revealed that the deceased male, who had multiple firearms in the house and frequently carried one on his person, was a convicted felon and had two active domestic violence protection orders against him from two different women in Indiana and Ohio, although no domestic violence or assaults had been reported to law enforcement locally prior to the fatal shooting," the release said. "The deceased male has been positively identified as Steven Kelley, originally from Indiana."Based on the facts and the evidence, "it is the conclusion of the District Attorney’s Office that the shooting was justified and no charges will be filed," the release states. 1903

SACRAMENTO, Calif. (AP) — California will reconsider life sentences for up to 4,000 nonviolent third-strike criminals by allowing them to seek parole under a ballot measure approved by voters two years ago, according to court documents obtained by The Associated Press on Thursday.The state will craft new regulations by January to include the repeat offenders in early release provisions. Gov. Jerry Brown also will not appeal a court ruling that the state is illegally excluding the nonviolent career criminals from parole under the 2016 ballot measure he championed to reduce the prison population and encourage rehabilitation.The state parole board estimates between 3,000 and 4,000 nonviolent third-strikers could be affected, said corrections department spokeswoman Vicky Waters, "but they would have to go through rigorous public safety screenings and a parole board hearing before any decision is made."RELATED: Ex-con, called poster?child for three-strikes law, sentenced to life in prisonIt's the second such loss for the Democratic governor, who leaves office days after the new rules are due. Another judge ruled in February that the state must consider earlier parole for potentially thousands of sex offenders. The administration is fighting that ruling, which undercuts repeated promises that Brown made to voters to exclude sex offenders from earlier release.Prosecutors are not surprised and warned throughout the Prop. 57 campaign that nonviolent third-strikers would unintentionally fall under the measure's constitutional amendment, said California District Attorneys Association spokeswoman Jennifer Jacobs."We expect the same exact thing to happen with regard to sex offenders," she said. "To fix this they're going to have to go back to the people for a vote, which can't even happen for another two years."RELATED: How some states are reducing the prison populationBrown will not appeal last month's ruling by a three-judge appellate panel in the Second Appellate District in a Los Angeles County case that third-strikers must be included under Proposition 57's constitutional amendment. It requires parole consideration for "any person convicted of a nonviolent felony offense" regardless of enhancements under California's three strikes law."There is no question that the voters who approved Proposition 57 intended (inmates) serving Three Strikes indeterminate sentences to be eligible for early parole consideration," the appeals court ruled, adding that, "There is strong evidence the voters who approved Proposition 57 sought to provide relief to nonviolent offenders."Administration lawyers said in a filing in a separate related case that the state "is not seeking review" of the appeals court decision and "is in the process of drafting new emergency regulations in compliance" with the decision by Jan. 5.RELATED: Kim Kardashian makes trip to the White House in the name of criminal justice reformMichael Romano, director of the Stanford Three Strikes Project, called the administration's decision to comply "a big deal, a huge deal."Clients potentially affected by the new decision include inmates serving life terms for stealing a bicycle, possessing less than half a gram of methamphetamine, stealing two bottles of liquor or shoplifting shampoo, he said."It's a monumental decision. It's one of the biggest decisions on sentencing policy in the Brown administration," said Romano, whose project represented third-strike inmates in several appeals.The ruling doesn't guarantee any of the offenders will get out of jail. But it allows them to go before the parole board. Romano estimates 4,000 people will be eligible for parole.Nonviolent third-strikers are disproportionately black, disproportionately mentally ill and statistically among the least likely to commit additional crimes, said Romano, who has studied the issue.He cited corrections department data on more than 2,200 nonviolent, non-serious third strikers who were paroled under a 2012 ballot measure that allowed most inmates serving life terms for relatively minor third strikes to ask courts for shorter terms. Less than 11 percent returned to prison by October 2016, the latest data available, he said, compared to nearly 45 percent for other prisoners. 4266

SACRAMENTO, Calif. (AP) -- Sodas and energy drinks in California could soon come with a warning about increased risks for diabetes and tooth decay under a bill that has narrowly cleared the state Senate.The Senate voted 21-11 on Thursday to require warning labels on sugar-sweetened drinks that contain 75 calories or more per 12 fluid ounces. The label would be on the front of the container, in bold type and separate from all other information.The bill passed despite significant opposition from the beverage industry. Records show the American Beverage Association spent more than 3,000 since January lobbying against the bill and others.Other proposals that would have taxed soda and banned "Big Gulp" style drinks were shelved earlier this year.Bill author Sen. Bill Monning says the measure would protect children's health. 841

Rumors are spreading on Facebook that there will be a nationwide blackout enacted by the Department of Defense from Nov. 4 to Nov. 6.In one Facebook video, a woman says an electromagnetic pulse drill will occur and urges her viewers to prepare for it. "There will be a very huge blackout," she says.The claim of a blackout has also coincided with a conspiracy theory alleging that this blackout drill coincides with planned Antifa protests across the country. However, the claims are false.Snopes says DOD will conduct a "communications interoperability" training exercise from Nov. 4-6, simulating a "very bad day" scenario.The exercise will simulate power and communication outages across the grid, but there will be no actual outages.DOD has done this exercise every quarter since 2013. A representative says the average citizen will "not even know" this exercise is taking place. 911

SACRAMENTO, Calif. (AP) — While California is seeing a slowdown in the spread of the coronavirus and counties are starting to fall off a state monitoring list for infections, Gov. Gavin Newsom says rules are not yet ready for businesses in those areas to reopen. Santa Cruz, San Diego and Placer counties recently came off the list and Newsom said Wednesday San Francisco will likely soon follow. He says counties can expect more details next week on what will be required for businesses like indoor gyms and salons to reopen in areas that fall off the monitoring list. Forty of the state's 58 counties remain on the list. 630

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