North Dakota
Woman who operated unlicensed day care is sentenced to 19 years in baby’s death
A judge sentenced a North Dakota woman Tuesday to about 19 years in prison in connection with the death of a baby and injury of another boy that authorities tied to her unlicensed home child care center.
Patricia Wick, of Jamestown, was charged last year. She pleaded guilty in January to felony charges of murder and child abuse and a misdemeanor of operating an unlicensed day care center in Carrington.
On the murder charge, state District Judge James Hovey sentenced Wick to 40 years in prison, with 20 years suspended and credit for over a year already served. She must register as an offender against children and serve 10 years’ supervised probation. The judge also imposed lesser, concurrent sentences on the other charges. Wick must also pay $810 in court fees on the child abuse charge.
Wick’s public defender, Samuel Gereszek, and Foster County State’s Attorney Kara Brinster did not immediately return phone messages left Wednesday.
Prosecutors alleged Wick caused head and neck injuries to the 5-month-old boy, who died Sept. 28, 2022, according to Carrington Police Chief Christopher Bittmann’s affidavit. An autopsy found the infant died from “complications of blunt force head and neck trauma,” with his death determined a homicide, according to the affidavit.
Wick told authorities she “may have put (the baby) down too hard,” was not gentle with him and was frustrated with him that day, according to the affidavit.
Authorities also allege in court documents that the other child broke his arm while in Wick’s care after falling off a swing in her backyard, and that she didn’t immediately report the injury to his parents.
Colorado
A mother releases video of her autistic son being hit by an aide on a school bus to raise awareness
DENVER (AP) — In January, Jessica Vestal’s 10-year-old autistic son, who cannot speak, came home from school in suburban Denver with bruises all over his body. Other injuries followed, including a black eye in February, which she said a bus aide blamed on him hitting himself with a toy, and a bruised foot in March.
It wasn’t until Vestal asked to review the bus surveillance video last month, which she made public Tuesday, that she learned the bus aide was abusing her son.
The aide, Kiarra Jones, 28, has been charged with one count of third-degree assault on an at risk person, according to court records. She was released from jail shortly after her arrest but did not return a telephone call seeking comment at a number listed for her. She is being represented by lawyers from the public defender’s office, which does not comment to the media on its cases.
In an April 5 letter to parents, Littleton Public Schools superintendent Todd Lambert said Jones was terminated after her arrest.
“This kind of behavior cannot be and is not tolerated. As parents, you trust us with the well-being of your children and you should never have to worry about them being harmed when they are in our care,” Lambert wrote.
The district on Tuesday did not respond to requests to comment on allegations made by Vestal, her lawyers and other parents that the district failed to investigate what was behind the unexplained injuries suffered by their children. They are considering a lawsuit against the school district.
Since learning what happened to Vestal’s son, Brittany Yarborough now believes Jones is also responsible for injuries her 11-year-old nonverbal son received on the same bus.
In a statement, police in Englewood, Colorado, said they found that more than one autistic student was abused and are continuing to review an “extensive amount” of video and other evidence to make sure all the victims are identified.
Vestal said she could only watch about two minutes of her son getting elbowed, punched and hit but wanted to release the footage because she suspects this is happening to other children without anyone knowing.
“You can’t see how awful it is without looking at it,” she said. “And if he had to live through it, I think the least everybody else could do is pay attention to it so that it doesn’t happen again.”
Oklahoma
Judge orders Kansas City Chiefs superfan ‘ChiefsAholic’ to pay $10.8M to bank teller
OKLAHOMA CITY (AP) — An Oklahoma judge ordered a Kansas City Chiefs superfan known as “ChiefsAholic” who admitted to a series of bank robberies to pay $10.8 million to a teller who was assaulted with a gun, though attorneys say the teller may never collect any money.
A judge in Tulsa handed down the order last week against Xaviar Michael Babuder, 29, who was known for attending Chiefs games dressed as a wolf in the NFL team’s gear. Former bank teller Payton Garcia alleged Babudar used a gun to assault her during a robbery of a Bixby, Oklahoma, credit union in December 2022, court records show.
The judge ordered Babudar to pay Garcia $3.6 million for her injuries and loss of income, and $7.2 million in punitive damages. A message left Tuesday with Babudar’s attorney was not immediately returned.
Garcia’s attorney, Frank Frasier, acknowledged that it would be difficult to collect the money for his client, but said the judgment sends an important message.
“I think the judge feels that way,” Frasier told The Associated Press. “She did not come right out and say it during the hearing, but I argued that nobody should be able to profit from this, be it notoriety, clicks, views or likes.”
Frasier said if Babudar ever sold his story, wrote a book or was somehow able to profit from his story, his client would be able to collect some of the judgment against him.
Although tellers have sued their employers over bank robberies before, it’s far less common for them to sue a robber.
Ed Blau, a prominent criminal defense attorney in Oklahoma City, said that’s because it’s safe to assume bank robbers aren’t generally wealthy. Blau, who is not affiliated with Garcia’s case, said that while it’s strategically savvy for Garcia to sue Babudar, it’s unlikely she will ever collect much from him.
“She could have gotten a judgment for $10 billion, but the likelihood of collecting is exceedingly slim,” he said. “She’s got a judgment on paper only.”
Babudar pleaded guilty in February to a string of robberies of banks and credit unions in multiple states. He remains imprisoned until his formal sentencing, which is set for July 10 in Kansas City.
Federal prosecutors said Babudar admitted to the robberies and attempted robberies in 2022 and 2023 and to laundering the stolen money through casinos and online gambling.
As part of the plea agreement, Babudar must pay at least $532,675 in restitution. He also must forfeit property — including an autographed painting of Chiefs quarterback Patrick Mahomes that was recovered by the FBI.
Before his arrest, Babudar was a well-known figure on social media for his rabid support of the Chiefs and attended several games dressed as a wolf in Chiefs’ clothing.
Puerto Rico
Man indicted in attempt to defraud 28 U.S. federal bankruptcy courts out of $1.8M in unclaimed funds
SAN JUAN, Puerto Rico (AP) — A Maryland man accused of trying to defraud 28 federal bankruptcy courts out of more than $1.8 million in unclaimed funds was indicted by a federal grand jury in Puerto Rico, authorities said Tuesday.
The alleged scheme targeted courts from Alabama to Wisconsin and even Hawaii from 2022 to April 2024, according to the U.S. Attorney’s Office.
Officials said the suspect used an electronic records system to search for bankruptcy cases with unclaimed funds and then submitted fake applications to obtain the money.
The U.S. Bankruptcy Court for the District of Puerto Rico reported the alleged scheme to federal authorities, officials said.
If convicted, the suspect faces up to 20 years in prison.
Tennessee
Judge: 2-time All-Star acted in self-defense during pickup game fight
MEMPHIS, Tenn. (AP) — Ja Morant acted in self-defense when a teenager accused the two-time NBA All-Star of punching him during a pickup game at the home of the Memphis Grizzlies guard’s parents in 2022, a judge has ruled.
Shelby County Court Circuit Judge Carol Chumney cited Tennessee law on when the issue of self-defense can be raised, and she wrote in a ruling issued Monday that Morant “enjoys a presumption of civil immunity.”
The judge wrote that “a provocateur generally cannot invoke self-defense; if you start a fight, then you should be ready to finish it” under Tennessee law. She also noted the only provocateur in this situation was the plaintiff, Joshua Holloway, with everyone else just wanting to play basketball.
Mike Miller, a former NBA player who was at the house when the fight occurred, testified that Holloway hitting Morant “in the face with a basketball ‘kind of started everything,’” the judge wrote in the ruling.
Additional evidence backed up that claim, and none contradicted it, the judge wrote.
The lawsuit filed by Holloway accuses Morant of assaulting him during a pickup game on July 26, 2022. Then 17, Holloway had been invited to play at the private full-sized court of the Morant family. Holloway now plays basketball for Samford.
Morant claimed he was defending himself after Holloway aggressively threw the basketball at him with a one-handed, baseball-style pass that hit him in the face during a check-ball situation. A “check” is a common practice in pickup games in which two opposing players pass the ball to each other to see if their teammates are ready, often before starting a game or after a foul.
Now 24, Morant testified during a December hearing that he was worried about getting hurt after the teen bumped him in the chest, balled his fists and got into a fighting stance before Morant punched Holloway.
Morant’s childhood friend, Davonte Pack, also is a defendant in the lawsuit. Pack has acknowledged punching Holloway once and knocking him to the ground. Morant was not charged criminally, but Pack was charged with misdemeanor assault. That charge was later dismissed.
The December hearing centered on Morant’s motion to dismiss the lawsuit under Tennessee’s so-called stand your ground law.
The NBA player’s lawyers argued Morant is immune from liability under the law allowing people who feel threatened at their homes to act with force in certain situations. The law is used in criminal cases, but an earlier ruling by this same judge cleared the way for Morant’s lawyers to apply it in the civil case.
The ruling also noted testimony that Holloway had been allowed inside the Morant home to watch TV, play video games or help himself to food.
Morant tore the labrum in his right shoulder in early January, a season-ending injury that required surgery to a season that started with Morant suspended by the NBA for the first 25 games for a video of the guard flashing a handgun online.
The video showed Morant sitting in the passenger seat of a car and was posted after he finished serving an eight-game suspension in March for another video in which he displayed a handgun in a Denver-area strip club.
Morant apologized for both videos.
Woman who operated unlicensed day care is sentenced to 19 years in baby’s death
A judge sentenced a North Dakota woman Tuesday to about 19 years in prison in connection with the death of a baby and injury of another boy that authorities tied to her unlicensed home child care center.
Patricia Wick, of Jamestown, was charged last year. She pleaded guilty in January to felony charges of murder and child abuse and a misdemeanor of operating an unlicensed day care center in Carrington.
On the murder charge, state District Judge James Hovey sentenced Wick to 40 years in prison, with 20 years suspended and credit for over a year already served. She must register as an offender against children and serve 10 years’ supervised probation. The judge also imposed lesser, concurrent sentences on the other charges. Wick must also pay $810 in court fees on the child abuse charge.
Wick’s public defender, Samuel Gereszek, and Foster County State’s Attorney Kara Brinster did not immediately return phone messages left Wednesday.
Prosecutors alleged Wick caused head and neck injuries to the 5-month-old boy, who died Sept. 28, 2022, according to Carrington Police Chief Christopher Bittmann’s affidavit. An autopsy found the infant died from “complications of blunt force head and neck trauma,” with his death determined a homicide, according to the affidavit.
Wick told authorities she “may have put (the baby) down too hard,” was not gentle with him and was frustrated with him that day, according to the affidavit.
Authorities also allege in court documents that the other child broke his arm while in Wick’s care after falling off a swing in her backyard, and that she didn’t immediately report the injury to his parents.
Colorado
A mother releases video of her autistic son being hit by an aide on a school bus to raise awareness
DENVER (AP) — In January, Jessica Vestal’s 10-year-old autistic son, who cannot speak, came home from school in suburban Denver with bruises all over his body. Other injuries followed, including a black eye in February, which she said a bus aide blamed on him hitting himself with a toy, and a bruised foot in March.
It wasn’t until Vestal asked to review the bus surveillance video last month, which she made public Tuesday, that she learned the bus aide was abusing her son.
The aide, Kiarra Jones, 28, has been charged with one count of third-degree assault on an at risk person, according to court records. She was released from jail shortly after her arrest but did not return a telephone call seeking comment at a number listed for her. She is being represented by lawyers from the public defender’s office, which does not comment to the media on its cases.
In an April 5 letter to parents, Littleton Public Schools superintendent Todd Lambert said Jones was terminated after her arrest.
“This kind of behavior cannot be and is not tolerated. As parents, you trust us with the well-being of your children and you should never have to worry about them being harmed when they are in our care,” Lambert wrote.
The district on Tuesday did not respond to requests to comment on allegations made by Vestal, her lawyers and other parents that the district failed to investigate what was behind the unexplained injuries suffered by their children. They are considering a lawsuit against the school district.
Since learning what happened to Vestal’s son, Brittany Yarborough now believes Jones is also responsible for injuries her 11-year-old nonverbal son received on the same bus.
In a statement, police in Englewood, Colorado, said they found that more than one autistic student was abused and are continuing to review an “extensive amount” of video and other evidence to make sure all the victims are identified.
Vestal said she could only watch about two minutes of her son getting elbowed, punched and hit but wanted to release the footage because she suspects this is happening to other children without anyone knowing.
“You can’t see how awful it is without looking at it,” she said. “And if he had to live through it, I think the least everybody else could do is pay attention to it so that it doesn’t happen again.”
Oklahoma
Judge orders Kansas City Chiefs superfan ‘ChiefsAholic’ to pay $10.8M to bank teller
OKLAHOMA CITY (AP) — An Oklahoma judge ordered a Kansas City Chiefs superfan known as “ChiefsAholic” who admitted to a series of bank robberies to pay $10.8 million to a teller who was assaulted with a gun, though attorneys say the teller may never collect any money.
A judge in Tulsa handed down the order last week against Xaviar Michael Babuder, 29, who was known for attending Chiefs games dressed as a wolf in the NFL team’s gear. Former bank teller Payton Garcia alleged Babudar used a gun to assault her during a robbery of a Bixby, Oklahoma, credit union in December 2022, court records show.
The judge ordered Babudar to pay Garcia $3.6 million for her injuries and loss of income, and $7.2 million in punitive damages. A message left Tuesday with Babudar’s attorney was not immediately returned.
Garcia’s attorney, Frank Frasier, acknowledged that it would be difficult to collect the money for his client, but said the judgment sends an important message.
“I think the judge feels that way,” Frasier told The Associated Press. “She did not come right out and say it during the hearing, but I argued that nobody should be able to profit from this, be it notoriety, clicks, views or likes.”
Frasier said if Babudar ever sold his story, wrote a book or was somehow able to profit from his story, his client would be able to collect some of the judgment against him.
Although tellers have sued their employers over bank robberies before, it’s far less common for them to sue a robber.
Ed Blau, a prominent criminal defense attorney in Oklahoma City, said that’s because it’s safe to assume bank robbers aren’t generally wealthy. Blau, who is not affiliated with Garcia’s case, said that while it’s strategically savvy for Garcia to sue Babudar, it’s unlikely she will ever collect much from him.
“She could have gotten a judgment for $10 billion, but the likelihood of collecting is exceedingly slim,” he said. “She’s got a judgment on paper only.”
Babudar pleaded guilty in February to a string of robberies of banks and credit unions in multiple states. He remains imprisoned until his formal sentencing, which is set for July 10 in Kansas City.
Federal prosecutors said Babudar admitted to the robberies and attempted robberies in 2022 and 2023 and to laundering the stolen money through casinos and online gambling.
As part of the plea agreement, Babudar must pay at least $532,675 in restitution. He also must forfeit property — including an autographed painting of Chiefs quarterback Patrick Mahomes that was recovered by the FBI.
Before his arrest, Babudar was a well-known figure on social media for his rabid support of the Chiefs and attended several games dressed as a wolf in Chiefs’ clothing.
Puerto Rico
Man indicted in attempt to defraud 28 U.S. federal bankruptcy courts out of $1.8M in unclaimed funds
SAN JUAN, Puerto Rico (AP) — A Maryland man accused of trying to defraud 28 federal bankruptcy courts out of more than $1.8 million in unclaimed funds was indicted by a federal grand jury in Puerto Rico, authorities said Tuesday.
The alleged scheme targeted courts from Alabama to Wisconsin and even Hawaii from 2022 to April 2024, according to the U.S. Attorney’s Office.
Officials said the suspect used an electronic records system to search for bankruptcy cases with unclaimed funds and then submitted fake applications to obtain the money.
The U.S. Bankruptcy Court for the District of Puerto Rico reported the alleged scheme to federal authorities, officials said.
If convicted, the suspect faces up to 20 years in prison.
Tennessee
Judge: 2-time All-Star acted in self-defense during pickup game fight
MEMPHIS, Tenn. (AP) — Ja Morant acted in self-defense when a teenager accused the two-time NBA All-Star of punching him during a pickup game at the home of the Memphis Grizzlies guard’s parents in 2022, a judge has ruled.
Shelby County Court Circuit Judge Carol Chumney cited Tennessee law on when the issue of self-defense can be raised, and she wrote in a ruling issued Monday that Morant “enjoys a presumption of civil immunity.”
The judge wrote that “a provocateur generally cannot invoke self-defense; if you start a fight, then you should be ready to finish it” under Tennessee law. She also noted the only provocateur in this situation was the plaintiff, Joshua Holloway, with everyone else just wanting to play basketball.
Mike Miller, a former NBA player who was at the house when the fight occurred, testified that Holloway hitting Morant “in the face with a basketball ‘kind of started everything,’” the judge wrote in the ruling.
Additional evidence backed up that claim, and none contradicted it, the judge wrote.
The lawsuit filed by Holloway accuses Morant of assaulting him during a pickup game on July 26, 2022. Then 17, Holloway had been invited to play at the private full-sized court of the Morant family. Holloway now plays basketball for Samford.
Morant claimed he was defending himself after Holloway aggressively threw the basketball at him with a one-handed, baseball-style pass that hit him in the face during a check-ball situation. A “check” is a common practice in pickup games in which two opposing players pass the ball to each other to see if their teammates are ready, often before starting a game or after a foul.
Now 24, Morant testified during a December hearing that he was worried about getting hurt after the teen bumped him in the chest, balled his fists and got into a fighting stance before Morant punched Holloway.
Morant’s childhood friend, Davonte Pack, also is a defendant in the lawsuit. Pack has acknowledged punching Holloway once and knocking him to the ground. Morant was not charged criminally, but Pack was charged with misdemeanor assault. That charge was later dismissed.
The December hearing centered on Morant’s motion to dismiss the lawsuit under Tennessee’s so-called stand your ground law.
The NBA player’s lawyers argued Morant is immune from liability under the law allowing people who feel threatened at their homes to act with force in certain situations. The law is used in criminal cases, but an earlier ruling by this same judge cleared the way for Morant’s lawyers to apply it in the civil case.
The ruling also noted testimony that Holloway had been allowed inside the Morant home to watch TV, play video games or help himself to food.
Morant tore the labrum in his right shoulder in early January, a season-ending injury that required surgery to a season that started with Morant suspended by the NBA for the first 25 games for a video of the guard flashing a handgun online.
The video showed Morant sitting in the passenger seat of a car and was posted after he finished serving an eight-game suspension in March for another video in which he displayed a handgun in a Denver-area strip club.
Morant apologized for both videos.
