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An officer who hit and killed Susan Lotempio, 64, in a car crash last Friday was not driving with emergency lights or sirens on, Buffalo Police revealed Thursday morning.An attorney representing the officer confirmed to Scripps station WKBW in Buffalo that the man is Officer Daniel Ahearn.Lotempio was taking her morning walk near Hertel Ave and Tennyson Ave when an officer hit her with his police car. She died at the scene.The manual for Buffalo Police officers differentiates calls for service into three categories: routine, rapid and emergency response, according to Buffalo Police Captain Jeff Rinaldo."Based on the nature of the call that the officer was responding to, it would fall either within the routine or rapid response," Captain Rinaldo explained. "But, based on our very preliminary investigation, the officer was following our policy and it was not a call for service that necessarily dictated the use of the emergency lights and sirens."The Buffalo News first reported details about the emergency lights and sirens, citing anonymous police sources who said the officer "was traveling at between 30 and 40 mph, providing backup for another police officer going to a complaint about "an irrational person" on Starin Avenue"."At this point, we do not believe that speed was a factor," Captain Rinaldo said. "But, again, we're waiting on the final accident reconstruction from the State Police."Tom Burton, the attorney representing Officer Daniel Ahearn, said the officer is cooperating with investigators. Officer Ahearn immediately submitted a blood sample following the crash and a check of his phone showed it wasn't being used at the time of the accident, according to Burton."Where this appears to be leading is that it is a tragic accident, but nothing that involves any criminal wrongdoing," Burton said.New York State Police are handling accident reconstruction during the investigation. The New York State Attorney General's Office is investigating the death, as it does with any civilian death in an officer-involved situation.“The Attorney General’s Special Investigations and Prosecutions Unit has opened an investigation into this morning’s incident, pursuant to the Attorney General’s authority under Executive Order No. 147. We’re committed to conducting an independent, comprehensive, and fair investigation.” 2397

Another classic movie from the 1980s is getting a remake.The Hollywood Reporter reports that Zac Efron would star in the remake of "Three Men and a Baby" for Disney+.The 1987 movie that starred Tom Selleck, Steve Guttenberg, and Ted Danson, is about three bachelors living together in New York when an infant baby girl arrives at their doorstep.Variety reports that a script for the remake has already been written.Efron will return to Disney after starring in Disney's "High School Musical" series in 2006. 515

As Congress mulls over the possibility of another stimulus package, and the idea of including a second wave of stimulus checks in it, the House Ways and Means Committee estimates 30 to 35 million Americans are still waiting on their stimulus money from the CARES Act.“Let’s make sure that we don’t lose focus on the people who didn’t get a payment from the first branch,” said Bob Probasco.Probasco is a CPA and the director of the Low Income Tax Clinic at Texas A&M University. He has followed activity with stimulus checks since they started going out in April, in particular, all of the issues the IRS has had in getting the money into taxpayers’ hands.“There are just a number of different problems,” said Probasco. "People had old bank account information on their tax returns, and then, they changed their bank account, but the IRS doesn’t have the new one. The payment went to the bank, it will have to be returned and then a paper check will go out.”The IRS attempted to speed payments up in May by sending out prepaid debit cards to 4 million people, but the debit cards were not as helpful as anticipated and resulted in the IRS continuing to distribute paper checks for the remaining payments.“There were big problems with that,” Probasco explained. “We saw tax representatives, CPAs, lawyers, who people came to and said, ‘I got this’ and they weren’t sure that was legitimate.”The debit cards were sent in barely-marked envelopes that caused so many to think they were fake. So, the IRS had to issue a press release, reminding people that the “plain envelope from Money Network Cardholder Services” is not junk mail.In addition, the IRS had to issue guidance for those who destroyed or threw out their debit cards, asking them to call 1-800-240-8100. Anyone else who hasn’t received a debit card or stimulus check payment can go to the IRS’s Check My Payment feature on its website.“If you see on there that a payment was sent out, but you didn’t get the payment, there is a different number that you can call which is 1-800-919-9835,” Probasco said.The good news is the IRS expects to get all the stimulus payments out ahead of the initial September timeline, and a proposed second round of stimulus checks could go smoother.“There will be some improvements because the IRS has learned some lessons,” said Probasco. 2341

Another federal judge has overruled the Trump administration's efforts to end a popular immigration program -- this time saying the government has to accept new applications.The ruling on the Deferred Action for Childhood Arrivals program, however, won't take immediate effect, with the judge delaying the ruling for 90 days to allow the administration to make its case.Similar to the other rulings, Judge John Bates concluded that the wind-down of DACA was "arbitrary and capricious" because the Department of Homeland Security failed to "adequately explain its conclusion that the program was unlawful." The judge also accused the government of providing "meager legal reasoning" to support its decision.A George W. Bush appointee to the US District Court for the District of Columbia, Bates delayed the effect of his ruling "to allow the agency an opportunity to better explain its rescission."The DACA program, which protects young undocumented immigrants who came to the US as children, has already been resumed after President Donald Trump sought to end it in September, after two federal judges issued nationwide rulings to accept renewals of the two-year permits issued by the program and after the Supreme Court declined to circumvent the appeals process to overturn those decisions.But while the Department of Homeland Security has been processing renewal applications under those rulings, as the appeals make their way through the courts, Tuesday's ruling was the first to order the program to resume accepting new applications -- potentially opening the program to tens of thousands more immigrants than the roughly 700,000 currently protected.In September, the administration defended ending the program by saying it was likely to fall in the courts anyway, arguing a six-month wind-down of the program would be more orderly than a sudden end brought by the courts. No court has found DACA to be unconstitutional. 1944

An 11-year-old boy is now safe after getting sucked into a drain during Tuesday's flooding in Harrison, Wisc.. According to officials, the boy and some of his friends were playing in a retention pond that was completely full and draining at a high rate. Apparently, the boy got some goggles so he could see where the water was draining. He then got sucked in and disappeared under water. The boy's friends called 911 and emergency crews responded. Crews searched for 45 minutes until one of the rescuers saw the little boy sticking his finger through a manhole covering. The manhole lid was removed and the boy was pulled to safety. The boy was transported to a local hospital by Gold Cross Ambulance and was conscious and alert at the time.Sheriff’s officials are warning parents to not allow children to play in or near drainage ditches or retaining ponds especially during storms. The rapid water movement during these times can be life-threatening. 985