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Jussie Smollett Sues Chicago for ‘Malicious Prosecution’ in Hate Crime Case

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  • After dropping charges against actor Jussie Smollett for making false reports about a hate crime allegedly committed against him, the city of Chicago sued Smollett, demanding he cover the cost of the investigation.
  • The suit specifically asked for over $130,000 to cover overtime paid to officers on his case. 
  • Now Smollett has countersued, saying he should not have to pay since he already agreed to forfeit his $10,000 bond and accusing the city of “malicious prosecution” that brought him humiliation and emotional distress. 

Jussie Smollet’s Hate Crime Case 

Former Empire actor Jussie Smollet is suing Chicago for “malicious prosecution” and says he should not have to reimburse the city for the cost of the investigation into his hate crime claims.

Smollett made headlines in January when he said two masked men looped a noose around his neck, poured bleach on him, and yelled homophobic and racist slurs.  But after an investigation, Chicago police determined that the attack was staged by Smollett, who was then indicted on 16 felony counts of filing a false report. 

Smollett has maintained his innocence and prosecutors eventually dropped the charges against him in March, after he agreed to complete community service and forfeit the $10,000 bond he paid following his arrest. 

Now his lawyers are using that as a defense for why he should not have to pay for the cost of the investigation.

Smollett’s Counterclaim 

Smollett’s lawyers filed a two-count counterclaim against Chicago on Tuesday in response to its April lawsuit demanding that he pay over $130,000 to cover the 1,836 hours of overtime paid to police officers working his case. 

In the city’s lawsuit, it said it also intended to seek attorneys’ fees and a civil penalty of $1,000 for each of his false claims. However, Smollett’s legal team says the city “is not entitled” to any of this.

Smollett’s lawyers argued the city should not be allowed to hold him liable for the cost because it accepted the $10,000 from the actor “as payment in full in connection with the dismissal of the charges against him.”

The counterclaim adds, “The City cannot seek additional recovery from Mr. Smollett under the doctrine of accord and satisfaction.”

His attorneys also accused the city of “malicious prosecution,”  saying that Smollett suffered “humiliation, mental anguish, and extreme emotional distress” as a result of the city’s actions against him.

The claim specifically called out Chicago Police Department Superintendent Eddie Johnson and two other detectives, Edward Wodnicki and Michael Theis. The counterclaim says police released “false and misleading information,” which led media outlets to report that Smollett might have arranged the alleged attack.  

It also criticized the city for using claims from the Osundairo brothers, the men Smollett was accused of paying to carry out the alleged attack, to pursue criminal charges against him.

In response to the countersuit, Chicago police issued a statement Wednesday saying “The City stands by its original complaint and will continue to pursue this litigation.”

The city added, “The judge in this case has already ruled in our favor once, and we fully expect to be successful in defeating these counterclaims.”

Kim Foxx Announces Reelection Effort 

The same day as Smollet’s counterclaim, Cook County State’s Attorney Kim Foxx officially announced that she is running for reelection. Foxx currently has four challengers fighting for her spot and has the outrage over the Jussie Smollett case hanging over her head. 

Foxx recused herself from the case before Smollett’s arrest, saying she did so because she had conversations about the investigation with one of Smollett’s relatives. But a few months later, her office released documents citing a different reason, showing that she was advised to withdraw based on unfounded rumors that she was related to Smollett. Though she disagreed with the advice and called the rumors racist, she complied with the recommendation. 

Foxx’s office also faced intense scrutiny for abruptly dropping the charges against Smollett, which left both police officials and community leaders confused and frustrated. 

At the time, Chicago Police Department commander Ed Wodnicki called the reversal of charges a “punch in the gut” and said prosecutors did not discuss their decision with the police department prior to announcing it. 

Meanwhile, then-Mayor Rahm Emanuel and superintendent Johnson spoke out against the decision. “This is without a doubt, a whitewash of justice and sends a clear message that if you are in a position of influence and power you’ll get treated one way, other people will be treated another way,” Emanuel said.

In her campaign ad, she admitted to mishandling the Smollett case but argued that her opponents are attacking her personally over it to “undercut progress.” 

 “Truth is, I didn’t handle it well. I own that. I’m making changes in my office to make sure we do better. That’s what reform is about,” Foxx said.

But her opponents say it’s too late, and many believe the lack of trust surrounding Foxx’s leadership will affect her in her bid for reelection. 

See what others are saying: (Fox News) (The Washington Post) (Chicago Sun-Times

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Bodycam Footage Shows Adam Toledo Wasn’t Holding Gun When an Officer Shot Him

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  • Chicago officials released body camera footage Thursday which showed that 13-year-old Adam Toledo, who was shot and killed by police last month, had put his hands up in the air right before the officer opened fire.
  • The graphic video showed the officer, who has now been identified as Eric Stillman, yelling at Adam to stop as he chases him through an alley.
  • The teenager obeyed and stopped by a fence, where he can be seen holding what appears to be a gun behind his back. Stillman ordered him to drop it, and then shot him a split second after Adam raised his empty hands in the air.
  • The footage prompted renewed outrage, protests, and calls for an investigation. A lawyer for the Toledo family called the killing “an assassination,” while Stillman’s lawyer defended the officer, and claimed he acted appropriately.

Officer Bodycam Footage Made Public

Body camera footage released by Chicago officials Thursday showed that Adam Toledo, a 13-year-old boy killed by police last month, had his hands up when he was fatally shot.

The footage, which was released as part of a report by the city’s Civilian Office of Police Accountability (COPA), showed officers chasing Adam, who was Latino, through an alley in the predominantly Latino neighborhood of Little Village during the early hours of March 29.

The officer ordered Adam to stop. The teenager complied and halted by the side of a fence, holding what looks like a gun in one of his hands behind his back. The policeman yelled at him to drop it and show his hands.

Adam turned and lifted his empty hands, and the officer fired his weapon, striking the teenager once in the chest. The policeman is then seen administering CPR and asking him, “You alright? Where you shot?” while blood poured out of his mouth.

The COPA report published Thursday also identified the officer who shot Adam as 34-year-old Eric Stillman, who is white, and whose lawyer said he had been put on administrative duties for 30 days.

Stillman’s lawyer also argued that the shooting was justified, as did John Catanzara, president of the Fraternal Order of Police.

“He was 100% right,” Catanzara said. “The offender still turned with a gun in his hand. This occurred in eight-tenths of a second.”

Renewed Backlash and Protests

Adeena Weiss Ortiz, an attorney obtained by Adam’s family, said they are looking into taking legal action against Stillman. 

“If you’re shooting an unarmed child with his arms in the air, it’s an assassination,” she said at a news conference Thursday. 

Ortiz acknowledged the bodycam footage did appear to show Adam holding something that “could be a gun,” but argued the video must be independently analyzed to confirm.

“It’s not relevant because he tossed the gun,” she said. “If he had a gun, he tossed it.”

The American Civil Liberties Union of Illinois also echoed Ortiz’s demands on Thursday, calling for a “complete and transparent” investigation.

“The video released today shows that police shot Adam Toledo even though his hands were raised in the air,” said Colleen Connell, executive director of the ACLU of Illinois.

“The people of Chicago deserve answers about the events surrounding this tragic interaction. The anger and frustration expressed by many in viewing the video is understandable and cannot be ignored.”

Hours before the video was released, Chicago Mayor Lori Lightfoot pleaded for calm in the city, where anti-police protests have taken place in the weeks following the shooting.

“We must proceed with deep empathy and calm and importantly, peace,” she said. “No family should ever have a video broadcast widely of their child’s last moments, much less be placed in the terrible situation of losing their child in the first place.”

Some businesses in downtown Chicago boarded prepared for violence ahead of the video’s publication by boarding up their windows. City vehicles stood by to block traffic.

However, the demonstrations that took place Thursday were small, peaceful, and spread out over several parts of the city. Organizers said they plan to hold more protests Friday.

See what others are saying: (The Chicago Sun-Times) (The New York Times) (The Chicago Tribune)

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Eight Dead in Indianapolis Shooting

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  • Eight people were killed and several more were injured after a gunman opened fire at a FedEx Ground Facility in Indianapolis late Thursday.
  • The gunman took his life after opening fire. Authorities have not identified his motive yet. 
  • According to the Gun Violence Archive, in 2021, there have been 147 U.S. mass shootings, defined as verified incidents with four or more gunshot victims.
  • President Joe Biden released a statement calling gun violence “an epidemic in America,” adding, “We should not accept it. We must act.”

Eight Killed in Shooting

Eight people were killed and several others have been wounded after a gunman opened fire at a FedEx Ground Facility in Indianapolis late Thursday.

The gunman killed four people in the parking lot then four people inside before taking his own life, according to local officials. Authorities have identified the gunman and are searching his home, but have not disclosed any potential motives.

“There was no confrontation with anyone that was there,” Deputy Chief Craig McCartt of the Indianapolis Metropolitan Police Department said during a press conference. “There was no disturbance, there was no argument. He just appeared to randomly start shooting.”

Several witnesses told local outlets they initially thought the gunshots were engines backfiring or another type of mechanical noise until they saw the gunman. Some said they heard him shouting indistinctly before opening fire. The investigation is still in very early stages and victims have not yet been identified. 

The facility employs 4,500 team members. It is unclear how many were working at the time of the shooting. FedEx released a statement expressing its condolences to the victims and their families. 

“We are deeply shocked and saddened by the loss of our team members following the tragic shooting at our FedEx Ground facility in Indianapolis,” the statement read. “Our most heartfelt sympathies are with all those affected by this senseless act of violence. The safety of our team members is our top priority, and we are fully cooperating with investigating authorities.”

Gun Violence in the U.S.

This tragedy follows a recent string of mass shootings in the U.S., including in Atlanta, Colorado, Southern California, and Texas. According to the Associated Press, this is at least the third in Indianapolis this year. 

The Gun Violence Archive has logged a total of 147 mass shootings in the U.S. so far in 2021. The organization defines mass shootings as reported and verified incidents with at least four gunshot victims.

Several politicians have released statements about the shooting, including Vice President Kamala Harris, who said this pattern “must end.”

“Yet again we have families in our country that are grieving the loss of their family members because of gun violence,” she said. “There is no question that this violence must end, and we are thinking of the families that lost their loved ones.”

President Joe Biden also released a statement saying that, “Too many Americans are dying every single day from gun violence. It stains our character and pierces the very soul of our nation.”

“Gun violence is an epidemic in America,” Biden added. “But we should not accept it. We must act.”

Indianapolis Mayor Joe Hogsett echoed those remarks in a news conference. 

“The scourge of gun violence that has killed far too many in our community and in our country,” he said.

“Our prayers are with the families of those whose lives were cut short,” he added on Twitter. 

Hogsett is among 150 U.S. mayors who recently signed a letter asking the Senate to take up gun legislation, including expanding background checks.

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders or suspected mass murderers who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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Soldier Charged With Assault After Shoving Black Man in Viral Video

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  • Authorities charged Army soldier Jonathan Pentland with third-degree assault and battery on Wednesday after a viral video showed him shoving a Black man while yelling at him to leave a South Carolina neighborhood.
  • Many people, including dozens who protested outside Pentland’s home this week, condemned the confrontation as another instance of someone being attacked for “walking while Black.”
  • Pentland and others claimed the unidentified man was picking a fight with neighbors, which the man denied, but police said nothing that may have happened earlier justified Pentland’s actions.
  • If convicted, Pentland faces a $500 fine and 30 days in jail.

Viral Video

A U.S. soldier was charged with assault on Wednesday after a video that circulated online showed him yelling at and shoving a Black man in a South Carolina neighborhood.

Footage of the April 8 incident was posted to social media Monday. It shows the Army soldier, Jonathan Pentland, confronting the unidentified man and telling him to leave the neighborhood. 

The other man explains that he’s just walking through the area and doing nothing wrong, but Pentland becomes increasingly aggressive. “You better walk away,” he shouts at the man after shoving him.

“You either walk away, or I’m gonna carry your ass out of here,” he continues before adding, “You’re in the wrong neighborhood motherf*ker. Get out!”

The man then tries to tell Pentland that he lives in the neighborhood, and Pentland then asks for his address, which he does not give.

The confrontation continues with Pentland cursing and getting in the man’s face. As he does so, the man says that Pentland smells drunk. 

It’s unclear what exactly led up to the confrontation, but in the video, a woman off-camera says the man “picked a fight with some random young lady that’s one of our neighbors.”

“I don’t even know who she is. Nobody picked a fight when someone ran up on me,” the man replies. Another woman off-screen then encourages the man to leave with her, saying, “What’s your name? Come on. You don’t want no trouble.”

Video Triggers Protests Outside Pentland’s Home

After this video spread online, many social media users condemned it as another instance of someone being attacked for “walking while Black.”

In fact, protesters even began demonstrating outside of Penland’s home. Those protests started off peaceful, but deputies were then called after 8 p.m. because unknown individuals vandalized the house. That forced police to shut down access to the area and remove Pentland’s family to another location.

As far as the viral video, deputies were told that the man approached “several neighbors in a threatening manner” and that someone had asked Pentland to “intervene.”

Police did confirm that there are two reports of alleged assault against the unnamed man Pentland shoved that are being investigated. However, they also added that the man has “an underlying medical condition that may explain the behavior exhibited in the alleged incidents.”

Pentland Charged

Either way, police said whatever happened earlier did not justify Pentland’s actions. He was ultimately arrested Wednesday morning and was charged with third-degree assault and battery. He faces a $500 fine and 30 days in jail if convicted.

“We’re not going to let people be bullies in our community,” Richland County Sheriff Leon Lott said at a news conference Wednesday. “And if you are, you’re going to answer for it, and that’s what we’ve done in this case.”

On top of that, the Justice Department reportedly was investigating. Pentland’s Commanding General even issued a statement condemning his behavior, adding that Pentland “brought disrespect to @fortjackson our Army and the trust with the public we serve.”

See what others are saying: (The Washington Post) (ABC News) (Huffpost)

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