Associated Press – The Journal

What's EMTALA, the patient protection law at the center of Supreme Court abortion arguments?

WASHINGTON (AP) — The Supreme Court will hear arguments Wednesday in a case that could determine whether doctors can provide abortions to pregnant women with medical emergencies in states th...

US government agrees to $138.7M settlement over FBI's botching of Larry Nassar assault allegations

DETROIT (AP) — The U.S. Justice Department announced a $138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault ag...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

US Justice Department agrees to $138.7M deal with Larry Nassar victims over the FBI’s bungling of assault allegations

DETROIT (AP) — US Justice Department agrees to $138.7M deal with Larry Nassar victims over the FBI’s bungling of assault allegations. ...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

UnitedHealth says wide swath of patient files may have been taken in Change cyberattack

UnitedHealth says files with personal information that could cover a “substantial portion of people in America” may have been taken in the cyberattack earlier this year on its Change Healthc...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

Woman who crashed into building, killing birthday boy and his sister, arraigned on murder charges

A Michigan woman was arraigned Tuesday on second-degree murder and other charges after prosecutors say she drunkenly cashed her SUV into a boat club that was hosting a child's birthday party...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

Moscow court rejects Evan Gershkovich's appeal, keeping him in jail until at least June 30

MOSCOW (AP) — Wall Street Journal reporter Evan Gershkovich will remain jailed on espionage charges until at least late June, after a Moscow court on Tuesday rejected his appeal that sought ...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

Moscow court rejects Evan Gershkovich's appeal, keeping him jailed on espionage charges until at least June 30

MOSCOW (AP) — Moscow court rejects Evan Gershkovich's appeal, keeping him jailed on espionage charges until at least June 30. ...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

UK Prime Minister Rishi Sunak announces the country is to increase defense spending to 2.5% of GDP by end of decade

WARSAW, Poland (AP) — UK Prime Minister Rishi Sunak announces the country is to increase defense spending to 2.5% of GDP by end of decade. ...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

Aboriginal spears taken by Captain Cook in 1770 are returned to Australia's Indigenous people

LONDON (AP) — Four Aboriginal spears that were taken to England by Captain James Cook more than 250 years ago were returned Tuesday to Australia's Indigenous community at a ceremony in Cambr...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

After 4 decades in music and major vocal surgery, Jon Bon Jovi is optimistic and still rocking

PASADENA, Calif. (AP) — When Jon Bon Jovi agreed to let director Gotham Chopra follow him with a documentary camera to delve into the history of his band, Bon Jovi, he didn't anticipate it w...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

Protests roiling US colleges escalate with arrests, new encampments and closures

NEW YORK (AP) — The student protests of Israel’s war with Hamas that have been creating friction at U.S. universities escalated Tuesday as new encampments sprouted and some colleges encourag...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

The Latest | Pecker says he wanted to keep tabloid's agreement with Trump 'as quiet as possible'

NEW YORK (AP) — Veteran tabloid publisher David Pecker returned to the witness stand in Donald Trump’s hush money case on Tuesday. Testimony in the case resumed just before midday following ...

DATE: Apr 23, 2024 | CATEGORY: Associated Press

Some touched down onto the water cleanly, while others crashed hard into the pond. But that was part of the fun

Officer injured by La Plata County Jail escapee sues county, jail and sheriff’s officeElias Buck is accused of shooting Farmington cop 11 days after escaping detention center

A Farmington police officer who was allegedly shot in the elbow by a fugitive who had escaped from the La Plata County Jail is suing the jail, county government and Sheriff’s Office. Joseph Barreto is accusing the county of negligence stemming from its operation of the jail in Durango, from which Elias Buck allegedly escaped on Dec. 27, 2021. Buck shot Barreto 11 days later while the officer tried to detain him, according to the lawsuit.In a notice of claims sent to the county in March 2022, Barreto’s attorney offered to settle the lawsuit for $3.5 million. He then filed a formal complaint in 6th Judicial District Court in December 2023, and the county filed a motion to dismiss the lawsuit last month.

Arrest, escape, arrestBuck was being held at the La Plata County Jail in December 2021 on suspicion of auto theft when he allegedly scaled a fence behind the kitchen and escaped on foot the evening of Dec. 27. He was the second person to escape the jail that year.Buck remained on the lam for over a week. On Jan. 7, 2022, Barreto was on duty in Farmington and was responding to a call of a possible drunken driver when he allegedly encountered Buck. According to the lawsuit, Buck asked if he was being detained. When Barreto replied in the affirmative, Buck allegedly drew a handgun from his waistband and shot Barreto in the elbow. The incident was captured on Barreto’s body camera.

Buck allegedly fled the scene and was arrested seven days later in Phoenix. He was sentenced in March 2023 to 10 years in federal prison after pleading guilty to being a felon in possession of a firearm. State charges related the shooting were dropped to allow the federal case, which carried a longer sentence, to proceed. Allegations of negligenceIn the lawsuit, Barreto alleges that the county, the Sheriff’s Office and jail staff members breached a duty to provide a safe and secure jail facility and failed to maintain adequate surveillance and oversight of the inmates. It was that breach of duty that led to Barreto’s injury, he alleges. The officer has suffered permanent injuries “as a direct result of the (La Plata County Jail’s) negligence,” the complaint says.The county filed a motion to dismiss the case on multiple grounds. First, attorneys argued, the county did not have a specific duty of care to Baretto, who was injured as a result of Buck’s actions. To whatever extent it did have a duty of care to keep the jail secure, Buck’s subsequent actions were “unpredictable and unforeseeable” given that he was being held (and had not been convicted of) an alleged auto theft. Second, they argue that the county retains sovereign immunity. Generally, the government cannot be sued save for certain circumstances. Colorado law carves out several exceptions to this doctrine, including in circumstances when an injury occurs related to the operation of a correctional facility.

However county attorneys argue, citing case law, that Buck’s behavior in Farmington was too disconnected from any possible negligence in the jail’s operation for the county to be held responsible. “Mr. Buck’s actions in absconding from custody, concealing himself from law enforcement for 11 days, traveling across state lines, stealing a firearm, and firing at Plaintiff resulted in Plaintiff’s injuries – the alleged operation of the jail is too attenuated,” the motion reads. County spokesman Ted Holteen said he was limited in what he could say given the pending litigation.“La Plata County extends its deepest sympathies to Officer Joseph Barreto for the injuries he suffered,” Sheriff Sean Smith said in a written statement. “However, the County does not have a legal duty to an officer injured by the unforeseeable criminal actions of an escaped inmate, particularly one who had traveled across state lines and caused the injury many days after the escape occurred. While we have tremendous respect for law enforcement, we cannot be held liable for the spontaneous violent acts of a third party under these circumstances.”The Board of County Commissioners will hold an executive session Tuesday to discuss the matter.rschafir@durangoherald.com

Elias Buck is accused of shooting Farmington cop 11 days after escaping detention center

Firefighters douse car fire at Durango gas stationBlaze started in trunk of vehicle, which held two propane tanks

Firefighters responded to a car fire Wednesday at the Marathon gas station near the Toyota dealership across from Walmart in Durango.Police and firefighters staged a significant response given the fire occurred at a gas station.

The fire was reported about 10:15 a.m. at 1220 Carbon Junction.The blaze started in the trunk of a four-door sedan. The exact cause of the fire was not immediately known, but it did not appear to be suspicious in nature, said Tom Walsh, fire captain with the Durango Fire Protection District.

Two propane tanks were inside the trunk of the vehicle and became engulfed in flames. Still, Walsh said the fire does not appear to be suspicious. It may have started from faulty wiring, he said.Two occupants of the vehicle left the scene, according to police. But police believe they left the scene because one or both of them had active arrest warrants.

At least one of the owners of the vehicle was taken to Mercy Hospital with minor burns after he tried to access the trunk to extinguish the blaze, Walsh said.Police helped create a perimeter around the gas station to keep people at a distance in case the fire spread to the gas pumps. But firefighters were able to quickly douse the flames.shane@durangoherald.com

Blaze started in trunk of vehicle, which held two propane tanks

Fort Lewis College students explore ways to have more civil political discourseMisinformed stereotypes among reasons for divisiveness

In a world that seems divided by political discourse, a Fort Lewis College political science professor and his students are examining how things became this way and methods for holding more civil debates. In a world where it seems political discourse has become completely divisive, a Fort Lewis College political science professor and his students are examining how things came to be this way.Students and community members gathered in groups Wednesday at the FLC Ballroom to discuss divisive issues. Each table included topics such as student loan debt relief, banning of books and environmental issues.Political science students, meanwhile, stood by to help participants understand how to engage in civil conversation about politics.The workshop was part of a Paul DeBell’s political psychology class.During the Community by Conversation event on Wednesday night at The Fort Lewis College Ballroom, students had community members gather in groups to discuss divisive issues. The students helped participants understand how to have a civil conversation about politics.This was part of the FLC’s political psychology class taught by Paul DeBell.“We believe that identifiable facts are the basis of important political conversations and effective policymaking,” said Wyatt Bair, vice president of the FLC Political Engagement Project (formerly the Political Science Club). “Good-faith negotiation between parties is essential to solving the issues that we care about, and that public interests should always come before personal interests or party interests.”DeBell and his students sought to demonstrate how a person’s reaction and body language when confronted with other’s political beliefs can create a vitriolic environment. DeBell said people often make assumptions about opposing political beliefs based on stereotypes. He referenced an article published in The Washington Post called “Democrats are gay, Republicans are rich: Our stereotypes of political parties are amazingly wrong.”According to the article, a survey was given to people with conservative views and those with liberal views. It found that people with conservative views believe that 30% of Democrats identify as members of the LGBTQ community. But in reality, only about 8% of Democrats identify with the LGBTQ community. By the same token, Democrats taking the survey estimated that 40% of Republicans make $250,000 or more per year. But that salary range applies to only 2.5% of conservatives.DeBell took it a step further by saying 74% of National Rifle Association members support background checks for gun owners, based on data from the Center for American Progress.“That’s pretty surprising,” he said. “I’ll bet a lot of us, if we saw somebody’s NRA sticker on their car, would make all sorts of presumptions about them, and what they believe in.”It is a perfect example, he said, of how people can find common ground, despite their political differences.“It’s really easy to focus on differences. Again, that’s profitable for a lot of people. Not for us, but for certain political elites, pundits and media,” DeBell said. “It’s really profitable to show the fight. But as we saw earlier, there’s a lot of research suggesting that we agree on many issues.”Students discussed methods such as active listening to help navigate political conversations.“There’s four main components to active listening, which are understanding, communicating, observing and correcting,” said FLC senior Esai Gomez.He said it is important to use listening skills to create a respectful environment.Near the end of the event, DeBell played a clip from Robb Willer’s TED Talk, “How to have better political conversations,” which led to a discussion about how both sides of the political spectrum endorse values. This opened discussion about how both sides of the political spectrum endorse values.

For example, Willer’s findings indicate that liberals tend to endorse values like equality, fairness, care and protection from harm, while conservatives tend to favor values like loyalty, patriotism, respect for authority and moral purity.That was used to show how people will take their political perspective and use those inherent values in conversation rather than approaching a political opposite based on their values.Wednesday’s workshop was the first of multiple events to be hosted by DeBell, the Political Engagement Project and Restore the Balance. This was the first of multiple events that will be hosted by DeBell, Political Engagement Project and Restore The Balance. tbrown@durangoherald.com

Misinformed stereotypes among reasons for divisiveness

Last coal-fired engine departs Durango train station, marking end of an eraSaturday was bittersweet for crews who sent No. 481 on its final ride before it’s converted for oil use

Saturday marked the bittersweet end of an era for Durango & Silverton Narrow Gauge Railroad with the last departure of the railroad’s sole remaining coal-burning locomotive, Engine No. 481.The last coal engine left the rail yard for Cascade Canyon Silverton at 9:15 a.m. It was carrying about 185 passengers, many of whom were none the wiser to the historic moment unfolding.A small group of railroad workers, volunteers and longtime fans of D&SNG gathered on the platform to wave at passengers as the train rolled out and to embrace the memorable scent of burning coal for the last time.

D&SNG General Manager Jeff Johnson said the railroad has used coal-burning engines since 1891. Engine No. 481 was built in 1925 for the Denver & Rio Grande Western (the previous name of D&SNG between 1881 and 1981) as part of a 10-engine order.The old-school fuel resource is as significant to the railroad’s history as the railroad is to the history of Durango. Al Harper, owner of D&SNG, has long held that the railroad would never give up coal.On Saturday, Harper said he “hates” retiring the historic coal engines, but he is excited about getting the railroad on the right track for the future.“What’s most important is that the railroad is really healthy. And I think that we’ve adjusted and we’re set so that we’ll be here for generations to come regardless,” he said. “And that’s more important than coal or oil. It’s important that (D&SNG) is here forever.”

Johnson said the railroad began converting its coal trains to oil-burning engines in 2020 in the long aftermath of the 416 Fire of 2018.The fire started on June 1, 2018, and burned about 54,000 acres north of Durango for two months before it was contained on July 31, 2018. The railroad was found liable for the fire and agreed to a $20 million settlement in a federal lawsuit in 2022.

Johnson said a number of factors were at play in the conversion to oil engines.Fire risks are one reason. The railroad has already stopped deploying coal engines during the busy summer tourist season and has reserved Engine No. 481 for the wintertime. Coal sources are also waning, not just in La Plata County but across the country, and “we saw the handwriting on the wall,” he said.Railroad crew members said on Saturday coal is a fickle fuel source. It’s high maintenance, dirty and corrosive. It creates thick, black pillars of smoke whenever it is burned in abundance.A round trip from Durango to Silverton requires burning between 5 and 6 tons of coal. The same trip requires about 900 gallons of oil, Johnson said.Southside Durango residents have complained for decades about the soot from the railroad’s coal-fired operation. But despite coal’s shortcomings, it remains a symbol of nostalgia for the men and women at D&SNG.

For many railroad workers, it represents fond childhood memories and a source of bragging rights.D&SNG Engineer Isaac Randolph said there are few places left in the world where one can honestly claim he or she shovels coal for steam engines for a living.He has worked for the railroad for 19 years and like others he is sad the last coal engine is getting converted to burn oil.“My parents would sometimes surprise me with a trip to Silverton. That’s really the biggest thing I remember, is just the smell of the coal smoke,” he said.He said the scent of coal smoke is nostalgic to him and many other workers at D&SNG.

“That’s probably the thing that a lot of us are going to miss the most. Getting into the yard in the morning and just … getting the smell of the coal smoke,” he said.He said coal burning itself is an art form because every coal engine is different. It’s not as easy as just shoveling coal into the firebox.The way coal is patterned or loaded into the firebox and the way it steams takes skill to pull off. Sometimes, an engine won’t steam as effectively as it should and excessive smoke is produced as a result, which makes for a frustrating day on the tracks, he said.D&SNG Fireman Jonathan Neuer, whose job on Engine No. 481 is to fuel the engine’s firebox with coal, said shoveling coal is like performing a dance, moving coal into the firebox by shoveling it through a window or doorway into the right places as the train barrels forward.“The engine, you also have to fire it in a certain way to keep (coal) heavier in some areas and lighter in others. Heavier along the sides and in the back than in the front and in the middle,” he said. “You need to know the railroad.”The train engine needs a heavier fire to create enough steam to climb up Hermosa Hill, for example, he said. And coal requires energy to properly ignite, which means it needs to be loaded into the engine in time to ignite before the train reaches a hill.“We’re losing history, for sure. But it’s a practical consideration,” he said. “The coal burners are a lot more work. They’re more challenging. Compared to the oil burners, they have a certain romance about them. That will be sad to see go.”Neuer was among the last coal firemen trained by the railroad, he said. He finds coal engines more interesting to work with than oil engines because of the extra skill and labor they require.

“Nowhere in the country runs as many steam engines as hard and as far as we do. This is a special place,” he said. “I’m just glad that I got to experience it while it was still here.”One railroad volunteer said he wishes D&SNG hung onto the last coal train for one more year when it and many of the other engines would have turned 100 years old.Johnson said D&SNG has played a big role in his life. He started working for the railroad 43 years ago just after graduating high school. He still remembers the first time he was there for lighting a coal fire in Engine 481 after he accepted a job.But to the casual observer, there isn’t much of a noticeable difference between a coal engine and an oil engine. Regardless of the fuel source, the railroad is still operating steam engines, he said.cburney@durangoherald.com

Saturday was bittersweet for crews who sent No. 481 on its final ride before it’s converted for oil use

Photos: Fort Lewis Skyhawks’ season ends in South Central Region basketball tournament semifinalsFort Lewis falls 85-80 against Colorado Mesa on Sunday in Canyon, Texas

Fort Lewis falls 85-80 against Colorado Mesa on Sunday in Canyon, Texas

Photos: Fort Lewis defeats Lubbock Christian 86-72 in South Central Region basketball tournament openerSkyhawks pull ahead late in first half Saturday in Canyon, Texas, will face Colorado Mesa in Sunday’s regional semifinals

Skyhawks pull ahead late in first half Saturday in Canyon, Texas, will face Colorado Mesa in Sunday’s regional semifinals

Photo tour: Axis Health System moves into new building

Demolition derby back on for 2024 La Plata County Fair Event will take place in Ignacio to work around liability concerns at fairgrounds

Demolitionists, start your engines. And then prepare to have them smashed. The annual demolition derby at the La Plata County Fair, which had been in jeopardy, is back on. The event will be held this year at the Sky Ute Fairgrounds in Ignacio. The fair board turned to the Southern Ute Indian Tribe as it become increasingly clear that La Plata County commissioners would not allow the event to take place at the fairgrounds owned by the county. In September, county officials informed the fair board that the annual blockbusting smash-em-up event would not be permitted to take place citing liability concerns. The county does not run the fair, but it does rent the fairgrounds property to the independent organization that holds the event. Organizers and derby participants were outraged by the decision. The event is one of the largest sources of income for the fair. Fair Board President Amy Peterson estimated the event raked in about $30,000 last year and said that without it, the fair’s future could be in jeopardy. And so it was with great joy that fair board members are celebrating the revival of the derby. Although the board is still hammering out the final details of a contract, organizer Tiffany Griffith said she is looking forward to holding the event again. “It's just a staple to our fair, and so the thought of that not happening – it just didn't sit well with many of us,” she said. No, the derby will not be held at the La Plata County Fairgrounds. But the event is happening during the fair, in La Plata County. The new location comes with its own upsides and downsides. Although the event will not occur at the site of the other fair activities, the Ignacio location does add capacity for about 400 additional seats to the typically sold-out event. “We get lemons, we make lemonade out of it,” said Ralph Brawley, a longtime organizer and supporter of the derby. County commissioners had raised concerns about holding the event in a mixed-use arena and what risk that could pose to livestock and spectators. Ultimately, officials decided the potential liability that taxpayers would assume was too great a risk to take. Although Brawley still feels the decision has not been adequately explained, he too expressed optimism about the future of the event. “The derby will continue because we have a great following, a bigger venue, (and) hopefully we make more money,” he said.

The event will be held at 2 p.m. Sunday, Aug. 11, with beer and food for sale per usual. To fill the hole left in the schedule at the county fairgrounds on Saturday, when the derby is typically held, Griffith said she is hoping to secure a lumberjack show involving chain saw carving. Despite the move, Griffith remains hopeful the event will be a success. “I'm optimistic that we're going to have a full house because every year, we tend to sell out anyway,” she said. “… I'm confident that it'll still be another sold out event at a bigger place (with) better parking.” rschafir@durangoherald.com

Event will take place in Ignacio to work around liability concerns at fairgrounds

Durango police investigate suspicious white powder spread around buildingsCourthouse and police station were closed Tuesday morning

A suspicious white powder – later determined to be baking soda – was found spread around the Durango Police Department, La Plata County Courthouse and other buildings early Tuesday in downtown Durango.The police station and courthouse were closed while authorities investigated. It appeared early on as if the white powder may have been baking soda, but authorities were operating cautiously until a hazmat team could analyze the substance for the presence of hazardous materials, said DPD Chief Bob Brammer.It appears the powdery substances was sprinkled about town on at least two different occasions. A nearly empty 10-pound bag of Arm & Hammer baking soda was found discarded Monday morning near the Herald building. Video surveillance showed the powder being spread in front of the main entrance about 6:20 p.m. Sunday.

Law enforcement encircled the police station and courthouse with crime tape Tuesday morning.Police had video surveillance of a suspect spreading the powder early Tuesday, said Cmdr. Jacob Dunlop, with the Durango Police Department. No arrests had been made as of 9:30 a.m., he said.“If we find the person we’re looking for that we think it might be, it shouldn't be too hard to match him up,” Dunlop said. “But we can’t positively ID the person from the footage alone.”

Possible charges for sprinkling a non-harmful substance could include interruption of government services, among others, Dunlop said. The charges for sprinkling a harmful substance would be much more severe, he said.“It’s a fine white powder that’s obviously intentionally spread on the door handles and access points and on the ground at all of the entrances to the police department and county courthouse,” Dunlop said.Police also found the white powder spread near the entryway to the First United Methodist Thrift Store at 986 East Second Ave., which is next door to the police station.The Durango Fire Protection District used a portable mass spectrometer to analyze whether the white substance contained any hazardous chemicals.The FBI and Colorado Bureau of Investigation were assisting with the investigation.shane@durangoherald.com

Courthouse and police station were closed Tuesday morning

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