Court Digest

Maine
Mother of missing girl seeks to expand wrongful death suit

WATERVILLE, Maine (AP) — The mother of a toddler who went missing more than a decade ago wants to expand her wrongful death lawsuit following a review of newly obtained police evidence.

Trista Reynolds, the mother of Ayla Reynolds, filed a wrongful death suit against Justin DiPietro in 2018. Ayla was 22 months old when she went missing in 2011 from a home in Waterville; a judge declared her legally dead six years later.

William Childs, the lawyer for Trista Reynolds, wants the complaint amended based on reports and photographs from the office of the state attorney general and Maine State Police, the Morning Sentinel reported.

An expert who reviewed the evidence concluded there was a “distribution of bloodstains of Ayla’s blood” in the Waterville home where she lived, Childs wrote. The expert also found “evidence that a person or persons attempted to ‘clean up’ Ayla’s blood before investigating authorities arrived to document the scene,” the attorney wrote.

There have been no criminal charges after the largest and most expensive criminal investigation in state history. Maine State Police have said the case is still open and active.

DiPietro’s attorney, Michael Waxman, said he’s waiting to receive the expert report. He also said he’s “a little bit shocked that at this late juncture we’re now receiving these new allegations.”

Ayla was living with her father in Waterville when she disappeared. The father and two other adults were in the home on the night she was last seen, and state police have said they know more than what they’ve told investigators.

When she disappeared, the blond, blue-eyed toddler was wearing pajamas with the words “Daddy’s Princess” on the front. One of her arms was in a soft cast on her broken arm.

Tennessee
Jury convicts man of killing girlfriend’s 2-year-old son

MEMPHIS, Tenn. (AP) — A jury has convicted a Memphis man in the death of his girlfriend’s 2-year-old son, a prosecutor said.

Jurors returned a guilty verdict on Friday for Marterrius Hite, 29, on charges of murder in the perpetration of aggravated child abuse, murder in the perpetration of aggravated child neglect, aggravated child abuse and aggravated child neglect, a statement from Shelby County District Attorney General Amy Weirich said.

Hite called emergency crews on July 13, 2015 and reported he found Deandre Davis floating in a bathtub and not breathing, according to testimony at the trial. The child was pronounced dead a short time later at Le Bonheur Children’s Medical Center.

Police and medical personnel noticed cuts and bruising on the boy’s body and the medical examiner later reported finding head trauma, brain hemorrhaging and numerous other injuries, the statement said.

 

New York
Pot retailer denies executives pressured state officials

ALBANY, N.Y. (AP) — Cannabis retailer Ascend Wellness has asked a court to dismiss claims that its executives exerted political pressure on Gov. Kathy Hochul’s administration by attending a December fundraiser and meeting with state officials, according to recent filings in state court.

New York-based Ascend Wellness is waging a legal battle in state court against cannabis company MedMen. Ascend Wellness launched its lawsuit in January claiming that MedMen failed to follow through on a $75 million deal to sell its New York operations to Ascend Wellness.

The deal would have also provided Ascend Wellness with one of just 10 medical marijuana licenses available in New York.

MedMen then filed a counterclaim arguing Ascend Wellness executives attended a Manhattan fundraiser for Hochul, a Democrat, and met with state officials two days later on Dec. 10 — days before the state cannabis control board approved its deal with MedMen on Dec. 16.

MedMen argued that Ascend was using “political pressure and undue influence to force” the state board’s approval.

But attorney Mylan Denerstein, who is representing Ascend, said Thursday that counsel for MedMen has agreed to withdraw that allegation. But court filings didn’t show MedMen had withdrawn its allegations as of Tuesday morning.

MedMen didn’t immediately respond to request for comment Tuesday. 

Denerstein said court records and hotel receipts prove that one of the executives was in Florida on Dec. 10, and that the other was 150 miles (240 kilometers) away the day of the Dec. 8 fundraiser.

 

Indiana
Judge convicts man in police officer’s killing

INDIANAPOLIS (AP) — A man accused of fatally shooting an Indiana police officer who came to his aid following a car crash was convicted Tuesday in the officer’s slaying.

Marion Superior Judge Mark Stoner announced to a courtroom filled with law enforcement officers that he found Jason Brown guilty of murder in the death of 38-year-old Southport Lt. Aaron Allan.

Brown, who was also convicted of a misdemeanor marijuana possession charge, will be sentenced on April 8. He faces up to 65 years in prison on the murder charge.

Brown was dangling upside down by his seatbelt on July 27, 2017, when Allan approached after the single-car crash on the south side of Indianapolis. Allan attempted to crawl into the vehicle to keep Brown calm until paramedics arrived, prosecutors said.

Moments later, Brown shot Allan 11 times, fatally wounding the officer.

Two other officers then opened fire on Brown, wounding him.

Allan, who was married and had two sons, was a full-time officer with the Southport Police Department in the 2,000-person municipality on the south side of Indianapolis.

Prosecutors agreed in December to drop their death penalty request in exchange for the judge, instead of a jury, hearing the case.

The defense argued that Brown suffered a seizure before the crash and was not conscious of the fact he was shooting at an officer. But a doctor who treated Brown following the crash testified that he saw no evidence of a seizure.

 

Delaware
Man who pointed gun at rally gets 4 years in prison

WILMINGTON, Del. (AP) — A Dover man who pointed a gun at counterprotesters during a 2020 campaign rally for a Republican U.S. Senate candidate was sentenced Friday to four years in prison, the Delaware Department of Justice said. 

Michael Hastings was convicted in September of first-degree reckless endangering and possession of a firearm during commission of a felony for pointing a gun at a group protesters while attending a Lauren Witzke rally. After Hastings’ appeals were denied, Superior Court Judge Diane Clarke Streett sentenced him to three years in prison for the weapons crime and one year for reckless endangerment, the News Journal reported.

The incident, which was caught on video by a protester, happened during a September 2020 rally in Wilmington. Witzke, who condemned the behavior, later lost to incumbent Democratic Sen. Chris Coons. 

During the sentencing, the justice department said the court noted Hastings’ lack of remorse, undue depreciation of the offense and 20 years of motor vehicle violations.

In addition to his prison sentence, Hastings must complete 50 hours of community service that does not involve firearms. He must forfeit all of his firearms and take anger management and drug and alcohol counseling. 

 

Kentucky
Wrongful death lawsuit filed in fatal police shooting

VILLA HILLS, Ky. (AP) — A wrongful death lawsuit has been filed against a northern Kentucky police department after two officers fatally shot an armed man during a traffic stop.

The family of Randall Lockaby, 57, of Manchester filed suit last week in federal court in Covington against the Villa Hills Police Department and two officers involved in the February 2021 traffic stop on Interstate 75, The Kentucky Enquirer reported. The suit alleges officers Sean Dooley and Jacob Bolton violated Lockaby’s constitutional rights and used excessive force. It also accuses the police department of not providing appropriate training to officers.

During the traffic stop, Dooley ordered Lockaby to exit the vehicle so it could be searched. After exiting, Lockaby pulled a gun and “in less than a second, points the gun up before pointing it down,” according to the lawsuit. He did not fire the gun. The officers responded by shooting Lockaby, documents state.

Kenton County Commonwealth’s Attorney Rob Sanders ruled the shooting justified about a month after it happened, saying dashboard and body cameras showed Lockaby refused to follow commands and then pointed a gun at one officer.

Attorney Jeff Mando represents the city of Villa Hills and the two officers and said his clients will “vigorously” defend the officers’ actions in court, adding that he’s confident the use of force was warranted.

“This is about as clear cut as it gets,” Mando told The Enquirer.