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ROCHESTER, Indiana — The woman accused of crashing into four Indiana children as they crossed the street to get on a school bus pleaded not guilty Thursday morning, according to ABC 57 News in South Bend. The suspect, 24-year-old Alyssa Shepherd, had previously told police she saw the lights from the bus but didn't realize what it was until the kids were in front of her. She has been charged with three counts of reckless homicide and one count of disregarding the stop arms on a school bus causing injury. The crash happened Oct. 30, near the intersection of State Road 25 and CR 400 N in Fulton County.Police say Shepherd was driving a Toyota Tacoma on State Road 25 sometime after 7 a.m. when she allegedly "disregarded" the stop arm and lights on a stopped school bus in front of a mobile home park, striking four kids who were crossing the street to board the bus. Alivia Stahl, 9, and her twin brothers, Xzavier and Mason Ingle, 6, were all pronounced dead at the scene. A fourth child was also hit. Maverik Lowe, 11, was hospitalized. His family said he "continues to improve."A pretrial conference for Shepherd has been scheduled for Feb. 5, 2019, ABC 57 reported. 1218

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) — California and 16 other states have filed a lawsuit against the Trump administration over its plans to scrap gas mileage standards and how much greenhouse gases vehicles can emit, Gov. Jerry Brown and Attorney General Xavier Becerra announced Tuesday.The suit takes aim at a plan by the Environmental Protection Agency to eliminate standards for vehicles manufactured between 2022 and 2025. The standards would have required vehicles to get 36 miles per gallon (58 kilometers per gallon) by 2025, about 10 miles (16 kilometers) over the existing standard.EPA administrator Scott Pruitt says the standards are not appropriate and need revision. They were set in 2012 when California and the Obama administration agreed to single nationwide fuel economy standard.RELATED: President Trump, California clash over key issuesCalifornia officials say the standards are achievable and the EPA's effort to roll them back is not based on any new research. They argue the plan violates the Clean Air Act and didn't follow the agency's own regulations.California has a unique waiver that allows it to set its own tailpipe emissions standards for vehicles, which it has used to combat smog and more recently global warming. Twelve other states have adopted the California standards as their own.Automakers have argued that the current requirements would have cost the industry billions of dollars and raised vehicle prices due to the cost of developing the necessary technology.RELATED: Nearly every governor with ocean coastline opposes Trump's drilling proposalThe lawsuit was filed in the U.S. Circuit Court of Appeals for the District of Columbia. Joining California are Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Massachusetts, Pennsylvania, Virginia and the District of Columbia. 1905

SACRAMENTO, Calif. (AP) — California lawmakers sent the governor a bill Wednesday that would give new wage and benefit protections to workers at so-called gig economy companies such as Uber and Lyft where people pick up jobs on their own schedule.The 56-15 Assembly vote marked a victory for labor unions and a defeat for tech companies that vehemently oppose the proposal.Democratic Gov. Gavin Newsom has already said he supports it.If signed, the proposal could have national implications as politicians and businesses confront the changing nature of work in the so-called gig economy.In a rare injection of presidential politics into a state issue, most of the major Democratic presidential contenders urged California lawmakers to pass the bill and have championed similar proposals in their campaigns."This isn't perfect, but I think this goes a long way to protecting workers, legitimate small businesses, legitimate businesses that play by the rules, and we as taxpayers that have to clean up the mess when these businesses don't provide enough for their workers," said the author of the bill, Democratic Assemblywoman Lorena Gonzalez, her voice shaking with emotion Wednesday.Newsom is committed to continuing talks on other refinements even after he signs the bill, said governor's spokesman Nathan Click,The state Senate passed the measure with a 29-11 vote late Tuesday over strident Republican opposition.The bill has drawn staunch opposition from on-demand delivery and ridesharing companies that say it will effectively kill their business model.Drivers are divided on the issue.By picking which industries can use independent contractors and which workers must be treated as employees, "we are playing a political Russian roulette with their lives, their livelihood and their labor," said Republican Assemblyman Jim Patterson of Fresno.The bill would put into law a California Supreme Court decision making it harder for companies to classify workers as independent contractors and instead would make them classify the workers as employees.While its impact on gig economy companies has drawn most of the attention, it would affect a wide array of industries."Today these so-called gig companies present themselves as the so-called innovative future of tomorrow," Democratic Sen. Marie Elena Durazo of Los Angeles said as she presented the bill in the Assembly late Tuesday. "Let's be clear. There is nothing innovative about underpaying someone for their labor."The law lays out a test to decide if workers can be labeled as contractors. They worker must be free from control of the company, perform work "outside the usual course of the hiring entity's business," and be engaged in an independently established trade, occupation or business of the same nature of the work they are performing.Uber, Lyft and meal delivery companies such as Doordash and Postmates still hope Newsom can negotiate a new proposal with unions that would create a separate set of rules for gig workers.They have proposed a base hourly for workers, paying into a fund for benefits including accident coverage and allow for "sectoral bargaining," where workers across the industry could organize. Several of the companies have threatened to spend million on a ballot measure next year if they do not get their way.They've argued that making their workers employees would limit workers' abilities to work flexible hours of their choosing.Gonzalez says nothing in the law forces the companies to eliminate worker flexibility. As employees, the workers would be entitled to minimum wage and benefits such as workers compensation, unemployment insurance and paid leave.Federal law still considers gig workers independent contractors, so it's unclear if a state law making them employees would allow workers to unionize.Sen. Mike Morrell of Rancho Cucamonga was among Republican opponents of the bill, many of whom told emotional stories of their own entrepreneurial success."This is just another assault on the free market, and again, it is a slouch toward socialism when government controls what business does," Morrell said. 4125

SACRAMENTO, Calif. (AP) — California's attorney general said Tuesday that he won't charge two Sacramento police officers who fatally shot an unarmed black man last year, a killing that set off intense protests.Attorney General Xavier Becerra's announcement follows the Sacramento district attorney's finding this weekend that the two officers broke no laws when they shot 22-year-old Stephon Clark.Officers Terrance Mercadal and Jared Robinet say they mistakenly thought Clark was approaching them with a gun after he ran from them into his grandparents' backyard as police investigated vandalism.Becerra said his review found officers believed Clark was armed and their lives were in danger when they opened fire. Investigators found only a cellphone.RELATED: No charges for Sacramento officers who fatally shot Stephon Clark"Based on our review of the facts and evidence in relation to the law, I'm here to announce today that our investigation has concluded that no criminal charges against the officers involved in the shooting can be sustained," Becerra said.The attorney general emphasized the need for changes and called Clark's killing a "devastating loss." He met with Clark's mother, SeQuette Clark, before announcing his decision. Jamilia Land, a family spokesperson, said SeQuette Clark would speak to reporters later Tuesday.Clark was shot seven times on March 18, 2018, and his killing prompted protests in California's capital city and across the U.S. Sacramento County District Attorney Anne Marie Schubert's decision not to charge the officers has sparked new demonstrations, with more than 80 people arrested Monday in a wealthy Sacramento neighborhood.Clark's family and black community leaders urged Becerra to reach a different conclusion."I would like for the attorney general to prosecute the officers," brother Stevante Clark said Sunday. "I want justice and accountability."Both Becerra and Schubert concluded that the officers feared for their lives when they shot Clark, who they thought was holding a gun. They were pursuing him after receiving calls about someone breaking car windows.The attorney general and district attorney said the evidence showed Clark was advancing toward the officers when they shot him.The decision has increased support from top state officials to change California's legal standard for when police can use deadly force.Lawmakers have revived a measure introduced after Clark's slaying that would make California the first state to allow police to use deadly force only when it's necessary to prevent imminent and serious injury or death and if there's no reasonable alternative, such as warnings or other methods.Strong opposition from law enforcement agencies stalled it last year. 2747

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