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Judge OK’s Arizona rancher trial in illegal Mexican border crossers

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Judge OK’s Arizona rancher trial in Mexican killing…

PHOENIX (AP) — An Arizona rancher accused of shooting at a group of illegal migrants on his property near the U.S.-Mexico border, killing one man, will face trial on charges including second-degree murder and aggravated assault, a judge ruled Friday.

Santa Cruz County Justice of the Peace Emilio G. Velasquez made his decision following hours of testimony that he said aired a lot of new information about the Jan. 30 shooting, which left Gabriel Cuen-Buitimea, a 48-year-old from Nogales, Mexico, dead on George Alan Kelly’s ranch outside Nogales, Arizona.

“Do I think there was some testimony that there might have been some holes on? Yes. I do,” the judge said. “But at the end of the day … the court does find that the offenses were committed by this defendant and I will be binding this over to Superior Court.”

There was no visible reaction from Kelly, who sat with his attorney, Brenna Larkin, during a livestream of the evidentiary hearing in Nogales.

The judge said Kelly, 74, can remain free on $1 million bail pending his March 6 arraignment, with restrictions including no contact with witnesses or Cuen-Buitimea’s family and a ban on possessing firearms.

Larkin earlier lost a bid to postpone Friday’s hearing after prosecutors lowered Kelly’s charge from a single count of first-degree murder, which would require a finding of premeditated intent to kill and can lead to a sentence of death or life imprisonment.

Chief Deputy County Attorney Kimberly Hunley told the judge that prosecutors intend to prove second-degree murder — that Kelly had no basis for “intentionally, knowingly, or under circumstances recklessly” shooting an AK-47 rifle toward eight or so unarmed migrants about 80 to 100 yards (meters) away.

“There is no justification for shooting an unarmed man in the back,” Hunley told the judge.

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During a warrant search of Kelly’s house following the shooting, sheriff’s deputies found several weapons but at first missed the AK-47. They returned with a second warrant and found it hanging on a door.

Larkin said her client shot into the air above the migrants. She has said Kelly feared for his and his wife’s safety and the property.

On Friday she pointed to phone calls Kelly made the day of the killing to U.S. Border Patrol agents he knew from previous incidents at his ranch, reporting that he heard shooting outside and “he might have to return fire or he is returning fire, something along those lines.”

“He sees armed people with rifles carrying backpacks going through his property, and he sees his horse running,” the defense attorney told the judge. She noted that two Border Patrol agents familiar with Kelly’s ranch testified “that is a high-crime area, that there are a lot of drug traffickers that go through that area.”

Larkin repeatedly asked sheriff’s deputies and Border Patrol agents who testified about “bias in the investigation” and told the judge she thought investigators scrutinized Kelly’s statements more closely than those of witnesses.

Kelly did not testify. He apparently wrote about his borderlands ranching life in the self-published “Far Beyond the Border Fence,” described on Amazon.com as a “contemporary novel which brings the Mexican Border/Drug conflict into the 21st century.”

Friday’s hearing featured sometimes-conflicting testimony from law enforcement agents and witnesses, including a Mexican man who recounted hearing gunfire and running behind Cuen-Buitimea when the victim said he had been shot, fell and died.

“I saw Gabriel,” said the man, who spoke through a Spanish-language interpreter and was referred to by the initials D.R.R. to protect his identity. “He held his chest and said, ‘I’m hit.’ He rolled his eyes and fell down.”

The court cut the video stream and provided only audio of the testimony from D.R.R., a farmworker in Mexico who said he had made “seven or eight” tries to cross the border to find work but was apprehended each time.

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Court records show Cuen-Buitimea also entered the U.S. illegally several times, and was convicted and deported, most recently in 2016.

D.R.R. testified that he and Cuen-Buitimea, whom he called a friend, had paid a guide for passage across the border on Jan. 30 and were heading to Phoenix. He also said neither of them was carrying a weapon, and the guide had left them. Cuen-Buitimea was wearing a green camouflage backpack as well as a bag on his belt.

The man said he believed he heard 15 or 16 shots fired as the group ran. A sheriff’s deputy testified that investigators recovered nine shell casings near Kelly’s south-facing back porch.

D.R.R said that as he fled he saw a man with white hair near the house and something in the man’s hand. He did not identify the object as a gun.

“I ran 20 meters (22 yards) when I turned around to see him,” D.R.R. said. “I turned around to see if it was government agents coming after us. I was able to jump and I jumped the wall back to Mexico.”

Two other migrants also told authorities that Kelly shot at them. They, too, were not hit and managed to escape back to Mexico.

Hunley has said her office, the court and the sheriff’s department “have all received disturbing communications, some threatening in nature, that seem to indicate an ongoing threat to the safety of the victims.”

The shooting has stirred emotions as the national debate over border security heats up ahead of the 2024 presidential election.

Less than six months ago, a prison warden and his brother were arrested in a West Texas shooting in which one migrant was killed and another was wounded. Michael and Mark Sheppard, both 60, were charged with manslaughter in the September shooting.

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Ritter reported from Las Vegas. Associated Press writer Anita Snow in Phoenix contributed to this report.

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Beryl forecast to become ‘dangerous’ Category 4 hurricane

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Beryl forecast to become ‘dangerous’ Category 4 hurricane

SAN JUAN, Puerto Rico (AP) — Hurricane Beryl was closing in on the southeastern Caribbean, and government officials late Sunday pleaded with people to take shelter from the dangerous Category 3 storm.

The storm was expected to make landfall in the Windward Islands on Monday morning. Hurricane warnings were in effect for Barbados, St. Lucia, Grenada, Tobago and St. Vincent and the Grenadines.

“This is a very dangerous situation,” warned the U.S. National Hurricane Center in Miami, saying Beryl was “forecast to bring life-threatening winds and storm surge.”

Beryl was centered about 110 miles (175 kilometers) south-southeast of Barbados early Monday. It had maximum sustained winds of 120 mph (195 kph) and was moving west at 20 mph (31 kph). It is a compact storm, with hurricane-force winds extending 30 miles (45 kilometers) from its center.

It had gained Category 4 strength Sunday before weakening slightly, and further fluctuations in strength were forecast.

A tropical storm warning was in effect for Martinique and Trinidad. A tropical storm watch was issued for Dominica, Haiti’s entire southern coast, and from Punta Palenque in the Dominican Republic west to the border with Haiti.

Beryl was expected to pass just south of Barbados early Monday and then head into the Caribbean Sea as a major hurricane on a path toward Jamaica. It was forecast to weaken by midweek, but still remain a hurricane while heading toward Mexico.

Historic hurricane

Beryl initially strengthened into a Category 3 hurricane Sunday morning, becoming the first major hurricane east of the Lesser Antilles on record for June, according to Philip Klotzbach, Colorado State University hurricane researcher.

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It took Beryl only 42 hours to strengthen from a tropical depression to a major hurricane — a feat accomplished only six other times in Atlantic hurricane history, and with Sept. 1 as the previous earliest date, hurricane expert Sam Lillo said.

 

 

People disassemble a beach bar's awning in preparation for Hurricane Beryl, in Bridgetown, Barbados, Sunday, June 30, 2024. (AP Photo/Ramon Espinosa)

 

People disassemble a beach bar’s awning in preparation for Hurricane Beryl, in Bridgetown, Barbados, Sunday, June 30, 2024. (AP Photo/Ramon Espinosa)

 

Beryl then gained more power, becoming the earliest Category 4 Atlantic hurricane on record, besting Hurricane Dennis, which became a Category 4 storm on July 8, 2005, hurricane specialist and storm surge expert Michael Lowry said.

“Beryl is an extremely dangerous and rare hurricane for this time of year in this area,” Lowry said in a phone interview. “Unusual is an understatement. Beryl is already a historic hurricane and it hasn’t struck yet.”

Hurricane Ivan in 2004 was the last strong hurricane to hit the southeastern Caribbean, causing catastrophic damage in Grenada as a Category 3 storm.

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“So this is a serious threat, a very serious threat,” Lowry said of Beryl.

Reecia Marshall, who lives in Grenada, was working a Sunday shift at a local hotel, preparing guests and urging them to stay away from windows as she stored enough food and water for everyone.

She said that she was a child when Hurricane Ivan struck and that she doesn’t fear Beryl.

“I know it’s part of nature. I’m OK with it,” she said. “We just have to live with it.”

Forecasters warned of a life-threatening storm surge of up to 9 feet (3 meters) in areas where Beryl makes landfall, with 3 to 6 inches (7.6 to 15 centimeters) of rain for Barbados and nearby islands and possibly 10 inches in some areas (25 centimeters).

Warm waters are fueling Beryl, with ocean heat content in the deep Atlantic the highest on record for this time of year, said Brian McNoldy, a tropical meteorology researcher at the University of Miami.

Lowry said the waters are now warmer than they would be at the peak of the hurricane season in September.

Beryl marks the farthest east that a hurricane has formed in the tropical Atlantic in June, breaking a record set in 1933, according to Klotzbach.

“Please take this very seriously and prepare yourselves,” said Ralph Gonsalves, the prime minister of St. Vincent and the Grenadines. “This is a terrible hurricane.”

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Bracing for the storm

 

 

 

 

 

 

 

Costumers purchase groceries ahead of Hurricane Beryl in Arnos Vale, St. Vincent and the Grenadines, Sunday, June 30, 2024. (AP Photo/Lucanus Ollivierre)

 

Costumers purchase groceries ahead of Hurricane Beryl in Arnos Vale, St. Vincent and the Grenadines, Sunday, June 30, 2024. (AP Photo/Lucanus Ollivierre)
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Long lines formed at gas stations and grocery stores in Barbados and other islands as people rushed to prepare for a storm that rapidly intensified.

Thousands of people were in Barbados for Saturday’s Twenty20 World Cup final, cricket’s biggest event, with Prime Minister Mia Mottley noting that not all fans were able to leave Sunday despite many rushing to change their flights.

“Some of them have never gone through a storm before,” she said. “We have plans to take care of them.”

Mottley said all businesses should close by Sunday evening and warned that the airport would close by nighttime.

Across Barbados, people prepared, including Peter Corbin, 71, who helped his son put up plywood to protect his home’s glass doors. He said by phone that he worried about Beryl’s impact on islands just east of Barbados.

“That’s like a butcher cutting up a pig,” he said. “They’ve got to make a bunker somewhere. It’s going to be tough.”

In St. Lucia, Prime Minister Philip J. Pierre announced a national shutdown for Sunday evening and said schools and businesses would remain closed Monday.

“Preservation and protection of life is a priority,” he said.

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Looking ahead

 

 

 

 

 

 

 

Hurricane Beryl's winds batter Carlisle Bay in Bridgetown, Barbados, Monday, July 1, 2024. (AP Photo/Ricardo Mazalan)

 

Hurricane Beryl’s winds batter Carlisle Bay in Bridgetown, Barbados, Monday, July 1, 2024. (AP Photo/Ricardo Mazalan)
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Caribbean leaders were preparing not only for Beryl, but for a cluster of thunderstorms trailing the hurricane that had a 70% chance of becoming a tropical depression.

“Do not let your guard down,” Mottley said.

Beryl is the second named storm in what is forecast to be an above-average hurricane season, which runs from June 1 to Nov. 30 in the Atlantic. Earlier this month, Tropical Storm Alberto came ashore in northeastern Mexico with heavy rains that resulted in four deaths.

On Sunday evening, a tropical depression formed near the eastern Mexico coastal city of Veracruz, with the National Hurricane Center warning of flooding and mudslides.

The National Oceanic and Atmospheric Administration predicts the 2024 hurricane season is likely to be well above average, with between 17 and 25 named storms. The forecast calls for as many as 13 hurricanes and four major hurricanes.

An average Atlantic hurricane season produces 14 named storms, seven of them hurricanes and three major hurricanes.

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Judge acquits 28 people accused in Panama Papers case, including law firm co-founder

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Judge acquits 28 people accused in Panama Papers case, including law firm co-founder

PANAMA CITY (AP) — A judge has acquitted 28 people accused of money laundering in an international case known as the Panama Papers, including the co-founder of a law firm that authorities say was at the center of a conspiracy to hide money linked to illegal activities.

Jürgen Mossack founded Mossack & Fonseca with then associate Ramón Fonseca, who died in May. Mossack was acquitted on Friday along with others after a Panamanian judge found that the evidence against Mossack didn’t comply with the chain of custody after authorities raided the office of the now defunct firm.

Prosecutors had accused Mossack, Fonseca and others of creating offshore companies and using complex transactions to hide money from illegal activities related to the so-called car wash corruption scandal involving Brazilian construction company Odebrecht, which pleaded guilty in U.S. federal court to a charge related to using shell companies to hide millions of dollars in bribes paid worldwide to win public contracts.

The judge noted that other evidence in the Panama Papers case “was not sufficient and conclusive to determine the criminal responsibility of the accused.”

In addition, the judge lifted personal and property precautionary measures against all the defendants, according to a judicial statement.

“We feel satisfied in the midst of mixed emotions, because many lives were affected along the way,” Guillermina Mc Donald, who was the defense attorney for Mossack and Fonseca, told The Associated Press. Her firm also represented 80% of the accused firm’s collaborators.

Judge Balaoisa Marquínez had decided to combine the Panama Papers case with another known as “Operation Car Wash,” a major anti-corruption investigation that began in Brazil.

On Friday, she ruled that in the car wash case, “it was not possible to determine the entry of money from illicit sources, coming from Brazil, into the Panamanian financial system with the purpose of hiding, concealing, disguising or helping to evade the legal consequences of the preceding crime.”

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In June 2022, Mossack, Fonseca and 37 other people were acquitted in a separate money laundering case.

The investigation in Brazil began in 2014, with the Mossack & Fonseca firm later coming under scrutiny after 11 million financial documents tied to the company were leaked.

The repercussions of the leak were widespread: it led to the resignation of a prime minister in Iceland and brought scrutiny to now former leaders of Argentina and Ukraine, Chinese politicians and Russian President Vladimir Putin, among others.

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A San Francisco store is shipping LGBTQ+ books to states where they are banned

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A San Francisco store is shipping LGBTQ+ books to states where they are banned

SAN FRANCISCO (AP) — In an increasingly divisive political sphere, Becka Robbins focuses on what she knows best — books.

Operating out of a tiny room in Fabulosa Books in San Francisco’s Castro District, one of the oldest gay neighborhoods in the United States, Robbins uses donations from customers to ship boxes of books across the country to groups that want them.

In an effort she calls “Books Not Bans,” she sends titles about queer history, sexuality, romance and more — many of which are increasingly hard to come by in the face of a rapidly growing movement by conservative advocacy groups and lawmakers to ban them from public schools and libraries.

“The book bans are awful, the attempt at erasure,” Robbins said. She asked herself how she could get these books into the hands of the people who need them the most.

Beginning last May, she started raising money and looking for recipients. Her books have gone to places like a pride center in west Texas and an LGBTQ-friendly high school in Alabama.

Customers are especially enthusiastic about helping Robbins send books to places in states like Florida, Texas and Oklahoma, often writing notes of support to include in the packages. Over 40% of all book bans from July 2022 to June 2023 were in Florida, more than any other state. Behind Florida are Texas and Missouri, according to a report by PEN America, a nonprofit literature advocacy group.

Book bans and attempted bans have been hitting record highs, according to the American Library Association. And the efforts now extend as much to public libraries as school libraries. Because the totals are based on media accounts and reports submitted by librarians, the association regards its numbers as snapshots, with many bans left unrecorded.

PEN America’s report said 30% of the bans include characters of color or discuss race and racism, and 30% have LGBTQ+ characters or themes.

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The most sweeping challenges often originate with conservative organizations, such as Moms for Liberty, which has organized banning efforts nationwide and called for more parental control over books available to children.

Moms for Liberty is not anti-LGBTQ+, co-founder Tiffany Justice has told The Associated Press. But about 38% of book challenges that “directly originated” from the group have LGBTQ+ themes, according to the library association’s Office for Intellectual Freedom. Justice said Moms for Liberty challenges books that are sexually explicit, not because they cover LGBTQ+ topics.

Among those topping banned lists have been Maia Kobabe’s “Gender Queer,” George Johnson’s “All Boys Aren’t Blue” and Nobel laureate Toni Morrison’s “The Bluest Eye.”

 

 

 

 

 

 

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An LGBTQ+ related book is seen on display at Fabulosa Books, in the Castro District of San Francisco on Thursday, June 27, 2024.

 

An LGBTQ+ related book is seen on display at Fabulosa Books, in the Castro District of San Francisco on Thursday, June 27, 2024. “Books Not Bans” is a program initiated and sponsored by the store that sends boxes of LGBTQ+ books to LGBTQ+ organizations in conservative parts of America where politicians are demonizing and banning books with LGBTQ+ affirming content. (AP Photo/Haven Daley)

 

Robbins said it’s more important than ever to makes these kinds of books available to everyone.

“Fiction teaches us how to dream,” Robbins said. “It teaches us how to connect with people who are not like ourselves, it teaches us how to listen and emphasize.”

She’s sent 740 books so far, with each box worth $300 to $400, depending on the titles.

At the new Rose Dynasty Center in Lakeland, Florida, the books donated by Fabulosa are already on the shelves, said Jason DeShazo, a drag queen known as Momma Ashley Rose who runs the LGBTQ+ community center.

 
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Becka Robbins, events manager and founder of the

 

Becka Robbins, events manager and founder of the “Books Not Bans” program at Fabulosa Books, packs up LGBTQ+ books to be sent to parts of the country where they are censored on Thursday, June 27, 2024 at the Castro District of San Francisco. The bookstore is sending LGBTQ+ books to where they are censored to counter the rapidly growing effort by anti-LGBTQ+ activists and lawmakers to ban queer-friendly books from public schools and libraries. (AP Photo/Haven Daley)

 

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DeShazo is a family-friendly drag performer and has long hosted drag story times to promote literacy. He uses puppets to address themes of being kind, dealing with bullies and giving back to the community.

DeShazo hopes to provide a safe space for events, support groups and health clinics, and to build a library of banned books.

“I don’t think a person of color should have to search so hard for an amazing book about history of what our Black community has gone through,” DeShazo said. “Or for someone who is queer to find a book that represents them.”

Robbins’ favorite books to send are youth adult queer romances, a rapidly growing genre as conversations about LGBTQ+ issues have become much more mainstream than a decade ago.

“The characters are just like regular kids — regular people who are also queer, but they also get to fall in love and be happy,” Robbins said.

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Ding reported from Los Angeles.

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