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New prosecutor joins team trying Alec Baldwin case

SANTA FE, N.M. — An attorney has been added to the special prosecution team that is pursuing an involuntary manslaughter charge against actor Alec Baldwin in the fatal shooting of a cinematographer on the set of the Western movie "Rust," court officials confirmed Thursday. The district attorney for Santa Fe has appointed Erlinda Johnson as special prosecutor to the Baldwin case, which is scheduled for trail in July. She was sworn in Tuesday. Baldwin has pleaded not guilty to an involuntary manslaughter charge in the shooting of Halyna Hutchins during an October 2021 rehearsal at a movie-set ranch on the outskirts of Santa Fe. Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during rehearsal when the revolver went off, killing Hutchins and wounding director Joel Souza. Johnson's experience as a criminal defense and personal injury attorney include representing former New Mexico secretary of state Dianna Duran, who resigned from elected office in 2015 amid revelations she used campaign funds to fuel a gambling addiction. Duran received a 30-day jail sentence after pleading guilty to embezzlement and money laundering charges. Johnson previously worked as a federal prosecutor on drug enforcement and organized crime investigations after serving as assistant district attorney in the Albuquerque area. Prosecutors are turning their full attention to Baldwin after a judge on Monday sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum 18 months in prison at a state penitentiary on an involuntary manslaughter conviction in the death of Hutchins. Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of "Rust," where it was expressly prohibited, and for failing to follow basic gun safety protocols. She was convicted in March at a jury trial. Defense attorneys for Baldwin are urging the judge to dismiss a grand jury indictment against their client, accusing prosecutors of "unfairly stacking the deck" in grand jury proceedings that diverted attention away from exculpatory evidence and witnesses. Special prosecutors deny those accusations and accuse Baldwin of "shameless" attempts to escape culpability, highlighting contradictions in Baldwin's statements to law enforcement, workplace safety regulators and the public in a televised interview.

EEOC hits Sheetz with discrimination lawsuit

A convenience store chain where President Joe Biden stopped for snacks this week while campaigning in Pennsylvania has been hit with a lawsuit by federal officials who allege the company discriminated against minority job applicants. Sheetz Inc. which operates more than 700 stores in six states, discriminated against Black, Native American and multiracial job seekers by automatically weeding out applicants whom the company deemed to have failed a criminal background check, according to U.S. officials. The Equal Employment Opportunity Commission filed suit in Baltimore against Altoona, Pennsylvania-based Sheetz and two subsidary companies, alleging the chain's longstanding hiring practices have a disproportionate impact on minority applicants and thus run afoul of federal civil rights law. Sheetz said Thursday it "does not tolerate discrimination of any kind." "Diversity and inclusion are essential parts of who we are. We take these allegations seriously. We have attempted to work with the EEOC for nearly eight years to find common ground and resolve this dispute," company spokesman Nick Ruffner said in a statement. The privately held, family run company has more than 23,000 employees and operates convenience stores and gas stations in Pennsylvania, West Virginia, Virginia, Maryland, Ohio and North Carolina. The lawsuit was filed in federal court Wednesday, the day Biden stopped at a Sheetz store on a western Pennsylvania campaign swing, buying snacks, posing for photos and chatting up patrons and employees. Federal officials said they do not allege Sheetz was motivated by racial animus but take issue with the way the chain uses criminal background checks to screen job seekers. The company was sued under Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination on the basis of race, sex, religion and national origin. "Federal law mandates that employment practices causing a disparate impact because of race or other protected classifications must be shown by the employer to be necessary to ensure the safe and efficient performance of the particular jobs at issue," EEOC attorney Debra M. Lawrence said in a statement. "Even when such necessity is proven, the practice remains unlawful if there is an alternative practice available that is comparably effective in achieving the employer's goals but causes less discriminatory effect," Lawrence said. It wasn't immediately clear how many job applicants have been affected, but the agency said Sheetz's unlawful hiring practices date to at least 2015. The EEOC, an independent agency that enforces federal laws against workplace discrimination, is seeking to force Sheetz to offer jobs to applicants who were unlawfully denied employment and to provide back pay, retroactive seniority and other benefits. The EEOC began its probe of the convenience store chain after two job applicants filed complaints alleging employment discrimination. The agency found that Black job applicants were deemed to have failed the company's criminal history screening and were denied employment at a rate of 14.5%, while multiracial job seekers were turned away 13.5% of the time and Native Americans were denied at a rate of 13%. By contrast, fewer than 8% of white applicants were refused employment because of a failed criminal background check, the EEOC's lawsuit said. The EEOC notified Sheetz in 2022 that it was likely violating civil rights law, but the agency said its efforts to mediate a settlement failed, prompting this week's lawsuit.

$4.55 million settlement: Funds support construction worker hurt in on-job accident

Action: Workers’ compensation Injuries alleged: C6-C7 fracture and dislocation resulting in incomplete quadriplegia Case name: Withheld Court: N.C. Industrial Commission Mediator: Gillie Spratt, Charlotte Amount: $4.55 million Date: Jan. 29, 2024 Most helpful expert: Cynthia Wilhelm, Ph.D. Attorneys: Rick Anderson of Sumwalt Anderson, Charlotte (for the plaintiff) Plaintiff, 39, a roofer, was rendered an incomplete quadriplegic after a fall from a rooftop. The carrier accepted plaintiff's claim and paid all medical bills from the date of injury through settlement. The carrier also initiated indemnity compensation immediately following plaintiff's injury at a compensation rate of $400 per week. Plaintiff’s counsel disputed the calculation of plaintiff's average weekly wage and compensation rate. After extensive discovery, the parties entered into a consent order agreeing to an average weekly wage of $1,000 per week and a compensation rate of $666.67 per week. Plaintiff worked tirelessly during his yearlong rehabilitation process to regain strength and function in his upper extremities. At the time of settlement, plaintiff was able to operate his wheelchair, feed himself, place his catheter and perform most of his activities of daily living with minimal to moderate supervision and assistance. The $4.55 million settlement was composed of a $1.34 million lump sum cash payment at the time of settlement plus the purchase of annuities costing $3.21 million. If plaintiff lives a full life expectancy, the annuities will provide $10.05 million in payments. When he was injured, plaintiff lived in an apartment with his wife and two young children. Plaintiff and his wife are using the cash portion of the settlement to build a handicapped-accessible home and purchase a new handicapped-accessible van. The remainder of the settlement proceeds were used to purchase annuities that will provide plaintiff with payments of more than $160,000 per year for the remainder of his life.

$1.5 million settlement: Child dies in crash after lumber truck overturns, spills cargo

Action: Motor vehicle collision leading to wrongful death Injuries alleged: Fatally crushed Case name: Wanda Bailey, Administratrix of the Estate of Noah L Hill v. Jeffrey D. McManus, Stone Wheel Trucking LLC et al Court/case no.: Surry County Superior Court / 23 CVS 382 Amount: $1.5 million High-low agreement: Yes Date: March 18, 2024 Attorneys: H. Brent Helms and Bryan C. Thompson of Robinson & Lawing, Winston-Salem (for the plaintiff); Todd King of Cranfill Sumner, Charlotte; Jeremy Kosin of Teague Rotenstreich, Greensboro; and Christopher Skinner of McAngus, Goudelock & Courie, Raleigh (for the defendant) Insurance companies: Gemini Insurance Co. and Progressive Southeastern Insurance Co. Stone Wheel Trucking was the owner of a 1999 Peterbilt tractor-trailer truck, and Church & Church Lumber was the owner of a 1998 “bolster” trailer. Stone Wheel, Church & Church, and another defendant allegedly operated a joint venture/enterprise. Stone Wheel did not have a trailer that was capable or suitable for transporting lumber in interstate commerce. Church & Church agreed to loan or supply Stone Wheel a trailer and securement devices compliant with the Federal Motor Carrier Safety Regulations. Jeffrey D. McManus was assigned by Stone Wheel to transport the lumber as driver of the truck and bolster trailer. Church & Church’s employees loaded the lumber onto the trailer, but the lumber was not secured with devices that were not appropriate or were defective, worn down, damaged or a combination of these. The tractor-trailer was driven Aug. 10, 2022, on N.C. 67-U.S. 601 instead of the most direct route to its destination, Interstate 77. N.C. 67-U.S. 601 is a curvy two-lane road with a posted speed limit of 55 mph. A warning sign notifies drivers of dangerous curves and recommends a speed of 35 mph to navigate them safely. The logging truck was being driven at about 65 mph. An oncoming 2018 Nissan was being properly driven with the decedent, Noah L. Hill, 4, strapped into a child-restraint seat. McManus lost control of the tractor-trailer on a dangerous curve, causing it to overturn and cross the center line. As a result of the overturning and the improper maintenance of the trailer and the securement devices, the lumber broke free from the tie-downs and spilled into the oncoming lane of travel. It violently crashed into the oncoming Nissan, causing massive, traumatic injuries to the decedent, which led to his pain, suffering and ultimate death.