Memphis police use excessive force and discriminate against Black people, Justice Department finds

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By ADRIAN SAINZ and JONATHAN MATTISE

MEMPHIS, Tenn. (AP) — The Memphis Police Department uses excessive force and discriminates against Black people, according to the findings of a U.S. Department of Justice investigation launched after the beating death of Tyre Nichols after a traffic stop in 2023.

A report released Wednesday marked the conclusion of the investigation that began six months after Nichols was kicked, punched and hit with a police baton as five officers tried to arrest him after he fled a traffic stop.

The report says that “Memphis police officers regularly violate the rights of the people they are sworn to serve.”

“The people of Memphis deserve a police department and city that protects their civil and constitutional rights, garners trust and keeps them safe,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in an emailed statement.

The city said in a letter released earlier Wednesday that it would not agree to negotiate federal oversight of its police department until it could review and challenge results of the investigation.

In the letter to the Justice Department’s Civil Rights Division, Memphis City Attorney Tannera George Gibson said the city has received a request from the DOJ to enter into an agreement that would require it to “negotiate a consent decree aimed at institutional police and emergency services.”

The Justice Department announced an investigation into the Memphis Police Department in July 2023, looking at the department’s “pattern or practice” of how it uses force and conducts stops, searches and arrests, and whether it engages in discriminatory policing. The investigation was announced six months after the January 2023 beating death of Nichols by police.

A consent decree is an agreement requiring reforms that are overseen by an independent monitor and are approved by a federal judge. The federal oversight can continue for years, and violations could result in fines paid by the city.

It remains to be seen what will happen to attempts to reach such agreements between cities and the Justice Department once President-elect Donald Trump returns to office and installs new department leadership. The Justice Department under the first Trump administration curtailed the use of consent decrees, and the Republican president-elect is expected to again radically reshape the department’s priorities around civil rights.

The city’s letter said “a legal finding supporting the contention that the City’s patterns and practices violate the Constitution requires a legal process,” which includes the city’s ability to challenge the DOJ’s methods of evaluating information and the credibility of witnesses.

“Until the City has had the opportunity to review, analyze, and challenge the specific allegations that support your forthcoming findings report, the City cannot — and will not — agree to work toward or enter into a consent decree that will likely be in place for years to come and will cost the residents of Memphis hundreds of millions of dollars,” the letter said.

The Justice Department did not immediately respond to a request for comment about the letter.

Police video showed officers pepper spraying Nichols and hitting him with a Taser before he ran away from a traffic stop. Five officers chased down Nichols and kicked, punched and hit him with a police baton just steps from his home as he called out for his mother. The video showed the officers milling about, talking and laughing as Nichols struggled with his injuries.

Nichols died on Jan. 10, 2023, three days after the beating. The five officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr. and Justin Smith — were fired, charged in state court with murder, and indicted by a federal grand jury on civil rights and witness tampering charges.

Nichols was Black, as are the former officers. His death led to national protests, raised the volume on calls for police reforms in the U.S., and directed intense scrutiny towards the Memphis Police Department.

The officers were part of a crime suppression team called the Scorpion Unit, which was disbanded after Nichols’ death. The team targeted drugs, illegal guns and violent offenders, with the goal of amassing arrest numbers, while sometimes using force against unarmed people.

Martin and Mills pleaded guilty to the federal charges under deals with prosecutors. The other three officers were convicted in early October of witness tampering related to the cover-up of the beating. Bean and Smith were acquitted of civil rights charges of using excessive force and being indifferent to Nichols’ serious injuries.

Haley was acquitted of violating Nichols’ civil rights causing death, but he was convicted of two lesser charges of violating his civil rights causing bodily injury. The five men face sentencing by a federal judge in the coming months.

Martin and Mills also are expected to change their not guilty pleas in state court, according to lawyers involved in the case. Bean, Haley and Smith have also pleaded not guilty to state charges of second-degree murder. A trial in the state case has been set for April 28.

Justice Department investigators have targeted other cities with similar probes in recent years.

On Nov. 21, the department said police in New Jersey’s capital of Trenton have shown a pattern of misconduct, including using excessive force and making unlawful stops. The DOJ’s report documented arrests without legal basis, officers escalating situations with aggression and unnecessary use of pepper spray.

In June 2023, another Justice Department probe alleged that Minneapolis police systematically discriminated against racial minorities, violated constitutional rights and disregarded the safety of people in custody for years before George Floyd was killed.

In March 2023, the department found police in Louisville, Kentucky, engaged in a pattern of violating constitutional rights and discrimination against the Black community following an investigation prompted by the fatal police shooting of Breonna Taylor.

In its letter, the city of Memphis said the DOJ’s investigation “only took 17 months to complete, compared to an average of 2-3 years in almost every other instance, implying a rush to judgment.”

Associated Press writer Alanna Durkin Richer in Washington contributed to this report.

Legendary Medellin cartel drug lord released from US prison after serving 25 years

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By JOSHUA GOODMAN

MIAMI (AP) — One of Colombia’s legendary drug lords and a key operator of the Medellin cocaine cartel has been released from a federal prison in the U.S. and is expected to be deported back home.

Records from the U.S. Bureau of Prisons show that Fabio Ochoa-Vasquez was released Tuesday after completing 25 years of a 30-year prison sentence.

Ochoa, 67, and his older brothers amassed a fortune when cocaine started flooding the U.S. in the late 1970s and early 1980s, according to U.S. authorities, to the point that in 1987 they were included in the Forbes Magazine’s list of billionaires. Living in Miami, Ochoa ran a distribution center for the cocaine cartel once headed by Pablo Escobar.

Although somewhat faded from memory as the center of the drug trade shifted from Colombia to Mexico, he resurfaced in the hit Netflix series “Narcos” true to form as the youngest son of an elite Medellin family into ranching and horse breeding that cut a sharp contrast with Escobar, who came from more humble roots.

Ochoa was first indicted in the U.S. for his alleged role in the 1986 killing of Drug Enforcement Administration informant Barry Seal — whose life was popularized in in the 2017 film “American Made” starring Tom Cruise.

He was initially arrested in 1990 in Colombia under a government program promising drug kingpins would not be extradited to the U.S. At the time, he was on the U.S. list of the “Dozen Most Wanted” Colombia drug lords.

Ochoa was arrested again and extradited to the U.S. in 2001 in response to an indictment in Miami naming him and more than 40 people as part of a drug smuggling conspiracy. Of those, Ochoa was the only one who opted to go to trial, resulting in his conviction and the 30-year sentence. The other defendants got much lighter prison terms because most of them cooperated with the government.

Richard Gregorie, a retired Assistant U.S. Attorney who was on the prosecution team that convicted Ochoa, said authorities were never able to seize all of the the Ochoa family’s illicit drug proceeds and he expects that Ochoa will have a welcome return home.

“He won’t be retiring a poor man, that’s for sure,” Gregorie told The Associated Press.

Richard Klugh, a Miami-based attorney for Ochoa, declined to comment.

But in years of litigation, he argued unsuccessfully that his client deserved to be released early because his sentence far exceeded what was appropriate for the amount of seized cocaine that authorities could attribute to Ochoa.

Amnesty International says genocide is occurring in Gaza, an accusation Israel rejects

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By SAMY MAGDY

CAIRO (AP) — Amnesty International accused Israel of committing genocide in the Gaza Strip during its war with Hamas, saying it has sought to deliberately destroy Palestinians by mounting deadly attacks, demolishing vital infrastructure and preventing the delivery of food, medicine and other aid.

The human rights group released a report Thursday in the Middle East that said such actions could not be justified by Hamas’ Oct. 7, 2023, attack into Israel, which ignited the war, or the presence of combatants in civilian areas. Amnesty said the United States and other allies of Israel could be complicit in genocide, and called on them to halt arms shipments.

“Our damning findings must serve as a wake-up call to the international community: this is genocide. It must stop now,” Agnès Callamard, Secretary General of Amnesty International, said in the report.

Israel, which was founded in the aftermath of the Holocaust, has adamantly rejected genocide allegations against it as an antisemitic “blood libel.” It is challenging such allegations at the International Court of Justice, and it has rejected the International Criminal Court’s accusations that Prime Minister Benjamin Netanyahu and his former defense minister committed war crimes in Gaza.

“The deplorable and fanatical organization Amnesty International has once again produced a fabricated report that is entirely false and based on lies,” Israel’s Foreign Ministry said in a statement. Israel accused Hamas, which has vowed to annihilate Israel, of carrying out a genocidal massacre in the attack that triggered the war, and said it is defending itself in accordance with international law.

Hamas has been designated a terrorist organization by the United States, Canada, and European Union.

Amnesty says Palestinians face a ‘slow, calculated death’

Amnesty’s report adds an influential voice to a growing list of players that have accused Israel of committing genocide — which would put it in the company of some of the deadliest conflicts of the past 80 years, including Cambodia, Sudan and Rwanda.

The accusations have largely come from human rights groups and allies of the Palestinians. But last month, Pope Francis called for an investigation to determine if Israeli actions amounted to genocide, and Saudi Arabia’s crown prince, Mohammed bin Salman, who has signaled readiness to establish diplomatic relations with Israel, accused it of committing genocide.

Israel says it is at war with Hamas, not the people of Gaza. And key allies, including the U.S. and Germany, have also pushed back against the genocide allegations. But Amnesty accused Israel of violating the 1951 Genocide Convention through acts it says are intended to bring about the physical destruction of Gaza’s Palestinian population by exposing them to “a slow, calculated death.”

Amnesty said it analyzed the overall pattern of Israel’s conduct in Gaza between Oct. 7, 2023 and early July. It noted that there is no casualty threshold in proving the international crime of genocide, which is defined by the United Nations as acts intended to destroy, in whole or in part, a national, ethnic, racial or religious group.

To establish intent, Amnesty said it reviewed over 100 statements by Israeli government and military officials and others since the start of the war that “dehumanized Palestinians, called for or justified genocidal acts or other crimes against them.”

Israeli officials have previously said that such statements were taken out of context or referred to their stated goal of destroying Hamas, not Palestinian civilians.

Israel says it goes to great lengths to protect civilians and comply with international law — including ordering civilians to evacuate areas ahead of airstrikes and ground offensives. It also says it has facilitated the deliveries of large quantities of food and humanitarian supplies — a claim that is disputed by the U.N. and aid organizations working inside Gaza.

On Sunday, a former top Israeli general and defense minister accused the government of ethnic cleansing in northern Gaza, where the army has sealed off the towns of Beit Hanoun and Beit Lahiya and the Jabaliya refugee camp and allowed almost no humanitarian aid to enter.

Amnesty said it found that Israel “deliberately inflicted conditions of life on Palestinians in Gaza intended to lead, over time, to their destruction.” Those actions included the destruction of homes, farms, hospitals and water facilities; mass evacuation orders; and the restriction of humanitarian aid and other essential services.

It also analyzed 15 airstrikes from the start of the war until April that killed at least 334 civilians, including 141 children, and wounded hundreds of other people. It said it found no evidence that any of the strikes were directed at military objectives.

It said one of the strikes destroyed the Abdelal family home in the southern city of Rafah on April 20, killing three generations of Palestinians, including 16 children, while they were sleeping. An Associated Press investigation identified at least 60 families in which at least 25 members had been killed.

Amnesty has previously angered Israel by joining other major rights groups in accusing it of the international crime of apartheid, saying that for decades it has systematically denied Palestinians basic rights in the territories under its control. Israel has also denied those allegations.

Israel blames civilian deaths on Hamas, lack of aid on UN

Israel says it only targets terrorists and blames civilian deaths on Hamas because combatants fight in dense, residential areas and have built tunnels and other terrorist infrastructure near homes, schools and mosques.

It blames the lack of humanitarian aid on United Nations agencies, accusing them of not delivering hundreds of truckloads of aid that have been allowed in. The U.N. says it is often too dangerous to retrieve and deliver the aid. It blames Israel as the occupying power for the breakdown of law and order — which has enabled armed groups to steal aid convoys — while also accusing it of heavily restricting movement within the territory.

The war began when Hamas-led terrorists stormed into southern Israel on Oct. 7, 2023, killing some 1,200 people, mostly civilians, and taking around 250 hostage, including children and older adults. Some 100 captives are still held inside Gaza, at least a third of whom are believed to be dead.

Israel’s retaliatory military campaign has killed more than 44,500 people, according to Gaza health officials, whose count doesn’t distinguish between civilians and fighters, though they say more than half the dead are women and children.

The offensive is among the deadliest and most destructive since World War II, and has destroyed vast areas of the besieged coastal territory. It has displaced some 90% of the population of 2.3 million, often multiple times. Hundreds of thousands of people have crammed into squalid tent camps with little in the way of food, water or toilets.

Aid groups say the population is at risk of disease and malnutrition, especially as winter sets in. Experts have warned of famine in northern Gaza, which Israel has almost completely sealed off since launching a major military operation there in early October. Hamas fighters have repeatedly regrouped there and in other areas, and the group has faced no major internal challenge to its rule.

Amnesty says the US needs to press for an end to the war

The United States, which has provided crucial military aid to Israel and shielded it from international criticism, has repeatedly appealed to Israel to facilitate more aid, with limited results.

The Biden administration said in May that Israel’s use of U.S.-provided weapons in Gaza at times likely violated international humanitarian law but that the evidence was incomplete.

Callamard urged the United States, Germany and other countries supplying arms to Israel to pressure Netanyahu to end the war.

St. Paul man gets 24 years in federal prison for carjacking woman in Arden Hills, two other crimes

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A St. Paul man has been sentenced to 24 years in federal prison for stealing from a woman and robbing two others at gunpoint — making one drive from Arden Hills to Minneapolis — on three days in 2022.

Raphael Raymond Nunn, 58, was sentenced last week in U.S. District Court in St. Paul after a jury in May found him guilty of kidnapping, bank fraud and identity theft.

Raphael Raymond Nunn (Courtesy of the Ramsey County Sheriff’s Office)

Prosecutors asked Judge Eric Tostrud to give Nunn a 27-year sentence, calling Nunn a “relentless offender” and “life-long fraudster whose calculated deceit has left a wake of financial devastation spanning nearly three decades.”

Minnesota court records show that Nunn has three convictions for auto theft, two for check forgery and one for financial transaction card fraud.

According to federal court documents:

Nunn was wearing a mask and gloves and armed with a black handgun when he approached a 61-year-old woman who had just parked her 2003 Lexus in an underground parking garage at her work in the 3900 block of Northwood Drive in Arden Hills just before 7:30 a.m. Sept. 13, 2022.

When the woman got out of her car, Nunn approached her with the gun. After the woman grabbed the barrel of the gun, he pushed her to the ground and then forced her back into the vehicle at gunpoint.

He ordered her to drive to an ATM at Wells Fargo at 2600 E. Franklin in Minneapolis. There, he forced her to withdraw cash using her debit card until she reached her limit of $1,000. He then forced her to call her bank and get a PIN number to withdraw cash from her credit card. He also took $30 from her wallet. He then ordered her to drive to Matthews Park at 2438 27th Ave. S. in Minneapolis.

Once at the park, he told her to get out of the vehicle and leave her key fob and phone in the car. He told her she could find her vehicle at the other side of the park after he was gone. When the woman walked to her vehicle, he was gone and she called the police.

Video surveillance cameras showed Nunn getting out of her car and walking to Cedar Food & Grill at 2600 Cedar Ave. in Minneapolis. Once inside the store, he bought a bottle of soda and took off his hood. He was no longer wearing the mask, which he had discarded during his walk. Four days later he returned to the store in his own vehicle, which allowed authorities to identify him as the suspect.

He was arrested Sept. 22, 2022, in Minneapolis. A search found evidence of the kidnapping and two previous crimes that year.

Law enforcement linked Nunn to the robbery of a woman in a Target parking lot in Hudson, Wis., on Jan. 8. Using a black handgun, Nunn threatened to kill the woman if she refused to hand over her purse. He then used her bank cards to make several purchases in St. Paul, totaling about $180.

Nunn also was tied to the theft of a woman’s backpack, which included her debit card, at Twin Cities Orthopedics in Oak Park Heights on Aug. 9. He then used the card to make $430 in fraudulent transactions in Lake Elmo and Oak Park Park Heights.

“Nunn inflicted not just financial losses, but emotional and psychological scars, as his victims were left with a lasting sense of vulnerability and fear,” federal prosecutors wrote in a document to the judge. “His pattern of criminal behavior demonstrates a lack of empathy, exemplifying the very reasons our justice system categorizes his actions as serious offenses requiring decisive punishment.”

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