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The History and Evolution of Rape Kits

CHICAGO, IL – Marty Goddard to revolutionize the first standardized rape kit in Chicago while she was volunteering at a crisis hotline for teenagers.

The first rape kit was sent to nearly 25 hospitals in the Chicagoland area in 1978 for a pilot program she designed. By the end of the following year, almost 3,000 rape kits had been turned over to crime labs. Within a few short years, the city collected thousands of sealed kits containing evidence and began putting rapists in prison.

In the United States today, someone is sexually assaulted every 73 seconds. Research shows a wide range of reasons why people don’t report their experience with sexual assault or harassment to authorities, and even hide it from family and friends. Self-blame is one reason people don’t report because victims blame themselves for their own victimization. Another reason is many people who have been raped don’t recognize it as rape, even if it fits the legal definition. Many people also fear speaking out against their abuser because their rape kit may be backlogged and never be tested by law enforcement.

It has been estimated that hundreds of thousands of rape kits sit untested in police departments and crime lab storage facilities.

Officials in Illinois have been promising for years to clear and keep a clear backlog by hiring more forensic scientists and utilizing robotics to make the process more efficient and transparent. Illinois governors have allotted funding toward fixing the problem dating back to 2002, when Gov. George Ryan announced funds to “erase” a backlog that had reached nearly 3,000 cases held up at state forensic labs. The plethora of untested rape kits and the destruction of rape kits indicates a systemic problem in our culture and a distinct failure to regard sexual crimes as seriously as other crimes.

If you or a loved one is a victim of sexual abused, you need an experienced attorney to explain your legal options. Filing a sexual abuse claim against an abuser or organization (whether it’s a school employee, a foster parent, a coach or grossly inadequate secured facility) that is responsible for allowing the abuse to be committed can be intimidating. The attorneys at the Dinizulu Law Group understand how you feel and are prepared to support you in every way necessary in order to help you get the compensation you deserve for the harm that was done to you. Contact our office today at (312) 384-1920 for a free consultation or visit our website for more information.

The “Big Three” Misdiagnoses

CHICAGO, IL – When you visit a doctor’s office or a hospital with a concern, you trust that your healthcare provider is doing everything possible to help you find what’s wrong and address any concerns you may have. Unfortunately, misdiagnoses are more common than what many people realize.

A recent study by The John Hopkins University found that one in 10 people have who have a “Big Three” disease are initially misdiagnosed. Over half of the patients who were given an incorrect or delayed diagnosis developed a severe disability or died. These misdiagnoses can result in medical malpractice and those who have been affected by them have the right to seek compensation for their healthcare provider’s negligence.

The “Big Three” diseases are vascular events such as myocardial infarction and strokes, infections such as sepsis, and cancers because they are the most likely to cause harm in a patient who are misdiagnosed. Researchers selected these illnesses because they are the diseases most commonly referenced in medical misdiagnosis lawsuits.

A misdiagnosis can have catastrophic results. A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. Delaying treatment for vascular events such as a heart attack or stroke by a matter of minutes can be the difference between life or death. Other diseases like cancer develop at a slower pace. It may take months or years to adversely affect the patient’s health. When doctor’s misdiagnosis cancer, they allow the illness to become extremely severe, and therefore, difficult to treat.

In general, doctors tend to misdiagnosis less common diseases more often than common ones. This may bebecause physicians may have a lack of available screening tests; however, it can be caused by a doctor’s lack of training. Negligent doctors may be unwilling to pursue a diagnosis of a less common disease because of how unlikely it may seem that the patient would have it.

If you have been seriously harmed or have lost a family due to a healthcare providers negligence or misdiagnosis, you may be entitled to compensation for your losses. The dedicated attorneys at Dinizulu Law Group, Ltd. have decades of experience successfully handling medical misdiagnosis cases. Our law firm has the resources to call on expert witnesses who can help us gain an even deeper understanding of the details of your situation. Our firm has the knowledge and skills needed to take your case to trial if a full and fair medical malpractice settlement cannot be reached.

Contact us today to schedule a free consultation with a trusted medical malpractice attorney or visit our website for more information.

Cómo encontrar un hogar de ancianos de calidad durante una pandemia

CHICAGO, IL – El nuevo coronavirus está desarraigando muchas áreas de la vida de personas de todo el mundo. Para las familias que consideran el cuidado de un hogar de ancianos para sus seres queridos, está causando que las personas reconsideren ese movimiento. Los hogares de ancianos han sido el epicentro de los brotes de coronavirus, lo que ciertamente puede generar preocupación; sin embargo, esto no significa que deba dejar de buscar hogares de ancianos.

Si bien COVID-19 es ciertamente un factor de riesgo que uno debe considerar, las familias también deben considerar el brote de abuso y enfermedades en hogares de ancianos que ocurren diariamente en entornos de hogares de ancianos. No importa cuáles sean las preocupaciones, hay algunas cosas que las familias pueden hacer para investigar y encontrar un hogar de ancianos de calidad para sus seres queridos, incluso durante una pandemia.

Determinar un presupuesto

Uno de los primeros pasos al elegir un hogar de ancianos es determinar lo que su familia puede pagar. Primero, comience determinando cuánto cuidado necesita su ser querido. ¿Él o ella requieren atención médica diaria y supervisión? ¿Necesita él o ella atención limitada, como asistencia con las comidas o recordatorios de medicamentos? Estas son cosas que influirán en el costo.

Determinar la cantidad de atención que necesita su ser querido ayudará a determinar si necesita atención asistida o atención en un hogar de ancianos. Esto también lo ayudará a reducir su presupuesto, lo que reducirá su campo de opciones.

Los hogares de ancianos pueden ser más caros porque requieren personal más especializado, personal de enfermería y atención médica. Los hogares de ancianos tienden a tener regulaciones mucho más estrictas, como las regulaciones para el personal, los servicios y la seguridad alimentaria. Por otro lado, las instalaciones de vivienda asistida tienen regulaciones menos restringidas porque hay menos participación en las necesidades diarias de sus residentes.

Use los recursos en línea para su búsqueda 

Existen varios recursos y herramientas legítimos en línea que puede utilizar para ayudar a identificar y revisar hogares de ancianos que pueda estar considerando. Si está considerando un centro que acepta Medicaid o Medicare, el mejor lugar para comenzar su búsqueda es utilizar la herramienta de comparación de asilos de ancianos de Medicare. Esta herramienta es excelente para usar porque tienen datos sobre personal, datos sobre incidentes y pueden indicarle la cantidad de residentes que han sufrido úlceras de decúbito. 

También puede encontrar información a través de la oficina del Ombudsman de atención a largo plazo de su estado. El Programa de Defensoría del Cuidado a Largo Plazo ofrece información importante sobre hogares de ancianos y centros de asistencia.

Visitar las instalaciones

Antes de decidirse por un hogar de ancianos, es importante visitar primero las instalaciones. No se conforme con una reunión informal con el administrador: hable con los miembros del personal que potencialmente cuidarán a su ser querido. Solicite reunirse con el director de enfermería y los asistentes de enfermería (CNA). Estas son las personas que más interactuarán y cuidarán a su ser querido. Es importante tomar nota de lo que dicen y de sus actitudes. ¿Tienen un comportamiento malo? ¿Parecen disfrutar de su trabajo? ¿Parecen cansados ​​o abrumados? Observe cómo se encuentran ahora e imagine cómo responderán a las necesidades de sus seres queridos durante un turno difícil.

Haz más que una visita guiada

La mayoría de los hogares de ancianos ofrecen una visita guiada a las instalaciones y muestran dónde dormirá su ser querido, el área de actividades y el comedor. Esta es una excelente manera de ver una descripción general de la instalación y lo que tienen para ofrecer, pero esta no debería ser la única forma de evaluar la instalación. Cuando visite, tenga en cuenta algunas cosas:

  • Residentes: ¿los residentes parecen estar bien cuidados? ¿Parecen ser felices? ¿Se están moviendo activamente?
  • Servicio de alimentos: tome nota de cómo son las comidas y cómo reaccionan los residentes. ¿Parecen disfrutarlo? ¿Los residentes se quejan de la calidad de la comida?
  • Olores: ¿notas olor, orina o productos de limpieza fuertes?
  • Suena: ¿Suena agradable? ¿Hay música sonando? ¿Escuchas a los residentes molestos que lloran o se quejan?

Al visitar un hogar de ancianos, estos son factores importantes a tener en cuenta. Si algo le parece mal, es probable que sea una señal de que este no es el mejor hogar de ancianos adecuado para su ser querido.

Discuta cuestiones importantes antes de firmar el papeleo

Una vez que haya reducido su lista de posibles hogares de ancianos, es importante discutir ciertos temas antes de firmar cualquier papeleo. Es importante hablar sobre los registros médicos de sus seres queridos, ya que no puede asumir que tendrá acceso a sus registros médicos una vez que vivan en el centro. Pregúntele al centro qué requieren para asegurarse de tener toda la información médica relevante para ayudar a tomar decisiones médicas.

También debe hablar sobre el plan para el cuidado de su ser querido. Pregúntele al centro de atención de ancianos cómo establecen un plan de atención para los residentes. La mayoría de las instalaciones tendrán una reunión con el personal de enfermería para discutir las necesidades de los residentes donde las familias deben estar presentes.

¿Le preocupa la atención de sus seres queridos en un hogar de ancianos?

Si tiene preguntas o inquietudes sobre la atención que recibe su ser querido en un hogar de ancianos, comuníquese con los abogados de Dinizulu Law Group. Ayudamos a las familias a comprender sus derechos y opciones legales para garantizar que sus seres queridos estén seguros. Para solicitar una consulta gratuita, llame al (312) 384-1920 o visite nuestro sitio web para obtener más información.

Bicyclist Ran Over in Chicago Neighborhood, Avondale

CHICAGO, IL – A bicyclist was hit and critically injured by a city vehicle on Tuesday morning in the Avondale neighborhood located on the city’s northwest side.

The incident happened around 8:30 a.m. on the corner of W. Belmont Ave. and N. Milwaukee Ave.

Witnesses say a female bicyclist was struck and dragged by a city maintenance truck as its driver made a right turn at a busy intersection. The truck driver did not stop right away, and onlookers had to jump in front of the vehicle to tell the driver to stop, according to ABC 7. The driver reportedly told investigators that the bicyclist was in his blind spot.

The 31-year-old woman was taken to the hospital in serious but stable condition. The 48-year-old male driver of the truck was taken to a Swedish hospital for observation.

Residents in this area say the intersection is full of blind spots for drivers and pedestrians and is dangerous. The Chicago Police Department’s Major Accidents unit is investigating the incident.

Three People Killed After Two Tractor-Trailers Cause Separate Accidents on Interstate 57 in Illinois

It was a sight many won’t ever forget. On Thursday, June 11th two tractor-trailer trucks caused separate accidents on I-57 near Mattoon, IL that lead to deaths, injuries, and damaged vehicles. The first incident that occurred involved a tractor-trailer being driven by Jonathan S. Turner, 53. The Journal Gazette & Times-Courier reported that while Turner was driving on the interstate, he left the southbound lanes and crossed the median. Although the source did not specify whether Turner crashed into any other vehicles, it does say that Turner along with a woman who had been driving a pickup truck, suffered injuries.

Officials cited Turner for improper lane use.

Naturally, the incident led to delays on the interstate as traffic began to build while cleanup crews and first responders worked to clear the scene. Unfortunately, the heavy traffic served as a contributing factor in the second tractor-trailer accident. The news source reported that a second tractor-trailer, being driven by Andrzej Poprawa of Palm Coast, Florida, approached the traffic and failed to slow down in time. Poprawa collided with the stopped traffic which caused a chain reaction crash to occur.

The vehicle Poprawa first crashed into was occupied by Peggy Malcom, 78, and Brad Malcom, 50. Poprawa, Peggy Malcom, and Brad Malcom all suffered fatal injuries as a result of the truck crash. After striking the first vehicle, Poprawa’s truck then hit other vehicles forcing them to collide with other tractor-trailers, reports the news source. One of the vehicles the truck hit was being driven by Ricky L. Robertson who had to be transported to an area hospital.

Who is liable for an accident involving a commercial truck?

Commercial trucks play a very important role in our economy as they are responsible for getting goods and materials from one place to the next. Unfortunately, commercial trucks are sometimes responsible for causing accidents, most of which result in severe or fatal injuries not to mention significant property damage. If you were involved in a truck accident in Chicago, IL or a neighboring city and are looking to hold the truck driver liable for the impact the accident has had on your life and physical abilities, it’s time you contact Dinizulu Law Group, Ltd. to speak with a Chicago, IL truck accident lawyer.

Truck accident cases differ from those involving passenger vehicles as there is typically more than one party involved. It is for this reason and several others that you should consider retaining a truck accident lawyer in Chicago if you are thinking about filing a personal injury lawsuit against the liable party.

Determining the Liable Parties in a Truck Accident Case

In the event the accident you were involved in was brought on by someone else’s negligence, you may be able to file a lawsuit against the party and even recover compensation from their insurance carrier for the injuries/damages you suffered. So, who might these liable parties be? The truck driver? Another vehicle that was also involved in the accident? The fact is, it could be both. To help you identify who the liable parties might be in your case, below are a few potential parties who may have contributed to causing the wreck you were involved in.

  1. The truck driver.

Most vehicular accidents that occur on U.S. roadways are caused by driver error. If the truck driver was engaging in any type of careless or negligent behavior, he/she could be held accountable for providing you with compensation for your injuries/losses. Negligent behavior includes, but is not limited to, driving while impaired, driving drowsy, traveling too fast for roadway conditions, transporting a load that exceeds state and federal weight limitations, driving for a period longer than he/she is legally permitted to, etc.

  1. The truck driver’s employer.

If a trucker’s employer allowed them to engage in behavior that violates state and federal regulations (i.e. work for periods longer than they are legally allowed to), the company can also be held accountable for the accident.

  1. The manufacturing company that supplied the vehicle’s parts.

Let’s say the truck driver crashed into the back of your vehicle because he was unable to stop in time to avoid an accident. At first, you might assume the trucker was careless, distracted, or driving too fast for roadway conditions which is why he couldn’t avoid hitting you. But after a thorough investigation was conducted, it was determined the brakes were defective which is why he rear-ended your vehicle. In this case, you may be able to bring a lawsuit against the manufacturing company that sold the defective parts or even the party responsible for inspecting the vehicle before it set out on its trip.

Now, if you think you have a case against any of the parties listed above and wish to discuss how much you might be entitled to collect for your injuries, contact Dinizulu Law Group, Ltd. now to speak with one of our skilled Chicago, IL truck accident attorneys.

 

Dinizulu Law Group, Ltd. can be reached at:

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

Motor Vehicle Fatality Rates Jump Despite Quarantines

CHICAGO, IL – There has been much less traffic on the roads because of the novel coronavirus that has resulted in the closing of non-essential businesses and stay-at-home orders that have been in place since mid-March. There has been a reduction in car crashes; however, in some places the number of deaths from car accidents has decreased while others have increased.

Pandemic Traffic Crash Statistics
Some cities and states have seen a significant increase in dangerous car crashes during the pandemic. Through the first three months of 2020, the following states have experienced notable increases in the number of roadway deaths: Arkansas (16%), California (8%), Connecticut (42%), Illinois (11%), Louisiana (23%), Nevada (10%), New York (17%), North Carolina (10%), Oklahoma (9%), Tennessee (6%), and Texas (6%).

States with notable decreases include: Arizona (-4%), Hawaii (-32%), Idaho (-28%), Iowa (-13%), Maryland (-13%), Michigan (-12%), Oregon (-24%), and South Carolina (-12%).

Many people die from roadway accidents, especially during holiday weekends. The National Safety Council (NSC) estimated over Memorial Day weekend that 366 may die on U.S. roads. If the estimate holds, it will be the lowest number of fatalities for the holiday period since 2014.

Reasons for an Increase in Accidents
Reports indicate speeding has increased significantly since traffic has lessened. Some states are moving towards “ill-advised” roadway tactics intended to address the pandemic such as repealing requirements for teen drivers to pass road tests before acquiring licenses and relaxing hours of service rules for commercial vehicle drivers.

Distracted driving may also be more prevalent since there is less traffic, so drivers get a false sense of security and begin to use less caution. Drivers figure they have more time to react, so its OK to look at their cellphone.

“What really strikes me is the incredible speed of the changes we’re seeing on a roadways,” Ken Kolosh, manager of statistics at the National Safety Council, told NPR. “Looking at other recessions what you usually see is a decrease in the number of deaths, or the injuries and fatality rate holding steady or decreasing slightly.”

Driver Precaution
Practicing defensive driving is always important, and it is particularly important during the pandemic, as drivers may be much more reckless. To help ensure safer roads, NSC urges people to do the following while on the road:

  • Follow state and local directives and stay off the roads if officials have directed you to do so; many states are asking drivers to stay home unless it’s an emergency situation or for essential errands
  • Obey speed limits, even if roads are clear and traffic is light
  • Practice defensive driving: Buckle up, designate a sober driver if you’re going out drinking or arrange alternative transportation, get plenty of sleep to avoid fatigue, and avoid distractions
  • Be aware of increased pedestrians and bicycle traffic as people turn more to walking and biking to get out of their house safely during quarantine
  • Stay engaged with teen drivers’ habits and practice with them frequently (tips available here)
  • Organizations and employers are encouraged to join the Road to Zero Coalition, a group committed to eliminating roadway deaths by 2050

NSC collects fatality data monthly from all 50 states and the District of Columbia and uses data from the National Center of Health Statistics, so deaths occurring within one year of the crash on public and private roadways–such as parking lots and driveways–are included in the estimates. NSC motor vehicle crashes and estimates for each state can be reviewed here.

Injured in an Auto Accident? Our Licensed Attorneys Can Help

If you suffered injuries in a car crashed caused by someone’s negligence, or you lost a loved one in an accident, please call the Dinizulu Law Group for a free consultation. We may be able to help you seek compensation for your damages. With more than 50 years of experience, our legal team has protected and brought justice to victims and their families through Chicago and Illinois. Due to the statute of limitations, it’s important you inquire with an experienced attorney immediately to preserve your legal rights. For a free consultation, call (312) 384-1920 or visit our website for more information.

How to Find a Quality Nursing Home During a Pandemic

CHICAGO, IL – The novel coronavirus is uprooting many areas of life for people across the world. For families that considering nursing home care for their loved one, it’s causing people to rethink such a move. Nursing homes have been the epicenter of coronavirus outbreaks, which certainly can lead to concern; however, this doesn’t mean you should stop looking into nursing homes.

While COVID-19 is certainly a risk factor that one should consider, families should also consider nursing home abuse and illness outbreaks happen daily in nursing home settings. No matter what the concerns are, there are some things that families can do to research and find a quality nursing home facility for their loved one – even during a pandemic.

Determine a Budget

One of the first steps while choosing a nursing home is determining what your family can afford. First, start by determining how much care your loved one needs. Does he or she require daily medical care and supervision? Does he or she need limited care, such as assistance with meals or medication reminders? These are things that will factor into the cost.

Determining the amount of care your loved one needs will help determine if you need assisted living or nursing home care. This will also help you narrow down your budget which will narrow down your field of choices.

Nursing homes can be more expensive because they require more specialized staff, nursing staff, and medical care. Nursing homes tend to have much stricter regulations, such as regulations for staffing, services, and food safety. On the other hand, assisted living facilities have less restricted regulations because there is less involvement in the daily needs of their residents.

Use Online Resources for Your Search

There are several legitimate online resources and tools you can use to help identify and review nursing homes you may be considering. If you are considering a facility that accepts Medicaid or Medicare, the best place to start your search is utilizing Medicare’s Nursing Home Compare tool. This tool is excellent to use because they have data on staffing, data on incidents, and can tell you the number of residents that have suffered from bedsores.

You can also find information through your state’s long-term care Ombudsman office. The Long-Term Care Ombudsman Program offers important information about nursing homes and assisted living facilities.

Visit the Facility

Before deciding on a nursing home, it’s important to visit the facility first. Don’t just settle for an informal meeting with the administrator – talk to the staff members who will potentially be caring for your loved one. Ask to meet with the nursing director and nursing assistants (CNAs). These are the people who will be interacting and caring for your loved one the most. It’s important to take note of what they’re saying and what their attitudes are like. Do they have a mean demeanor? Do they seem to enjoy their work? Do they seem tired or overwhelmed? Notice how they come across now and imagine how they will respond to your loved ones needs during a difficult shift.

Do More than a Guided Tour

Most nursing homes offer a guided tour of the facility and show where your loved one will be sleeping, the activity area, and the dining room. This is a great way to see an overview of the facility and what they have to offer, but this should not be the only way to assess the facility. When visiting, be mindful of a few things:

  • Residents – Do residents seem to be well-groomed? Do they seem to be happy? Are they actively moving around?
  • Food Service – Take note of what meals look like and how residents are reacting. Do they seem to enjoy it? Are residents complaining about the food quality?
  • Smells – Do you notice a smell or urine or strong cleaning products?
  • Sounds – Does it sound pleasant? Is there music playing? Do you hear upset residents that are crying or grumbling?

When visiting a nursing home, these are important factors to consider. If anything seems off to you, it’s likely a sign that this isn’t the best nursing home suited for your loved one.

Discuss Important Issues Before Signing Paperwork

Once you’ve narrowed down your list on possible nursing homes, it’s important to discuss certain issues before you sign any paperwork. It’s important to discuss your loved ones medical records since you can’t assume you will have access to their medical records once they are living at the facility. Ask the facility what they require to make sure you have all relevant medical information to help make medical decisions.

You should also discuss the plan for your loved one’s care. Ask the nursing home facility how they establish a care plan for residents. Most facilities will have a meeting with nursing staff to discuss the resident’s needs where families should be present.

Do You Have Concerns about Your Loved Ones Care in a Nursing Home?

If you have questions or concerns about the care your loved one is receiving in a nursing home, contact the attorneys at the Dinizulu Law Group. We help families understand their legal rights and options to ensure their loved ones are safe. To request a free consultation, please call (312) 384-1920 or visit our website for more information.

Family of 81-Year-Old Nursing Home Resident Files Wrongful Death Lawsuit Against the Facility Alleging Gross Negligence

A wrongful death lawsuit has been brought against Bridgeview Health Care Center after an 81-year-old resident of the facility passed away in April, his death partly due to COVID-19 [Source: The Chicago Tribune]. James Zbonski’s family filed the complaint in Cook County Circuit Court, alleging “gross negligence on the part of administrators and staff at Bridgeview.” The Chicago Tribune reported that Zbonski passed away April 6th at Advocate Medical Center in Oak Lawn from COVID-19, acute respiratory failure, and pneumonia.

The source cited that Bridgeview had reported 34 cases of COVID-19 and 15 deaths to state officials as of May 29th. The lawsuit alleges that “the rehab center failed to monitor patients and staff for symptoms of the virus and didn’t properly isolate patients who showed symptoms.” The complaint adds that “Zbonski’s roommate at the health care center had exhibited symptoms of the virus and died just days before [him].”

The family claimed that while facility administrators were aware that residents and/or staff were symptomatic or had tested positive for COVID-19, “staff lacked necessary protective equipment.” The family believes Zbonski’s death was “a byproduct of years, if not decades, of the nursing home’s mismanagement, misallocation of resources, and understaffing.” The news source cites that Bridgeview Health Care has been “cited numerous times in recent years by state health officials for not properly disinfecting medical equipment and not developing and implementing infection control measures.”

In a recent review by Medicare and Medicaid inspectors, it was discovered that the home “failed to follow practices to contain the spread of COVID-19 by proper use of personal protective equipment and proper handling of clean and soiled linen.” Because Zbonski’s family believes the nursing home lacked in certain areas, including failing to implement infection control and prevention measures, they are seeking an excess of $50,000 in damages.

Although it can be difficult for nursing home staff members to prevent a virus from entering a nursing home, they are expected to respond in an efficient manner. This means implementing safety measures recommended by U.S. health officials as well as following state safety guidelines. Nursing homes that fail to properly respond to the spread of an infectious disease which leads to the death of one or more residents puts the facility at risk of being sued.

Suing a Nursing Home on Behalf of a Resident Whose Death Stems from Negligence

Nursing home neglect lawsuits aren’t only used to help a family recover compensation for expenses related to the untimely death of their loved one, but they are also used to recognize a nursing home facility and/or staff member for the deficiencies that led to the resident’s death. If a loved one of yours recently passed away and you think their death was caused by negligence, the Chicago, IL nursing home neglect lawyers at Dinizulu Law Group, Ltd. can help you seek justice.

You can contact Dinizulu Law Group, Ltd. at:

 

221 North La Salle Drive, Suite 1100

Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

Ahmaud Arbery: Witness Says Before Shooting the McMichaels Hit Him with Their Car

CHICAGO, IL – The three white men who are accused of killing Ahmaud Arbery faced a Glynn County judge Thursday morning for their preliminary and bond hearings. Arbery, an unarmed black man, was being pursued by Travis and Gregory McMichael, two white man, when he was gunned down while jogging on February 23 near Brunswick, Georgia.

A 28-second cell phone video of Arbery being shot and killed flooded social media platforms months later and the public called for the McMichaels to be arrested. On May 5, officials with the Georgia Bureau of Investigations secured search warrants to arrest the McMichaels on murder and aggravated assault charges. On May 21, the man who filmed the killing, William “Roddie” Bryan, was arrested on felony murder charges.

The three men engaged in an elaborate chase, hitting the 25-year-old jogger with a truck as he tried to escape them. Richard Dial, GBI Assistant Special Agent in Charge, was asked whether he believed McMichael could’ve been acting in self-defense, he said it was Arbery who was defending himself.

“I believe Mr. Arbery was being pursued, and he ran until he couldn’t run anymore, and it was he turned his back to a man with a shotgun or fight with his bare hands against the man with the shotgun. He chose to fight,” Dial said according to CNN. “I believe Mr. Arbery’s decision was to just try to get away, and when he felt like he could not escape he chose to fight.”

As Travis and Gregory McMichael attempted to head him off, Arbery then turned and ran past the truck of Bryan who struck Arbery with the side of his truck. Investigators found a swipe from a palm print on the rear door of Bryan’s truck, cotton fibers near the truck bed that are attributed to contact with Arbery, and a dent below the fibers.

Arbery’s last moments emerged amid a week of nationwide protests over another killing – of George Floyd by police in Minneapolis – and demonstrators have called for justice in Arbery’s case.

Dial also testified that there were numerous times on social media that McMichael used the same slur words to describe people of color. Dial did not say which McMichael he was referring to and was not asked to clarify.

The Justice Department has launched a hate crime investigation in this case. With tensions already running high in Brunswick and the rest of the country, Georgia Governor Brian Kemp said the state will do “whatever is necessary to keep the peace.”

Two Autopsies Find George Floyd Died by Homicide, but Differ on Key Details

CHICAGO, IL – George Floyd died tragically before the world’s eyes last Monday when a video went viral of four Minneapolis police officers handcuffed him and Derek Chauvin kneeled on Floyd’s neck while two other officers held him down. In the video, you can hear Floyd repeatedly tell officers, “Please, please, please, I can’t breathe,” that sparked condemnation, protests, and a national outcry.

All four officers were terminated and are under investigation by the F.B.I. Derek Chauvin was charged on Friday with third-degree murder and second-degree manslaughter. Minnesota’s attorney general Keith Ellison said the four officers involved will be charged to the “highest level of accountability” (New York Post).

Floyd’s family conducted their own private autopsy through independent pathologists, as well as the county medical examiner – both of which state he died by homicide; however, the two autopsy reports differed on how exactly Floyd died. Dr. Allecia Wilson, one of the pathologists that conducted the independent autopsy, said that Floyd died as a result of mechanical asphyxiation. The report by the Hennepin County Medical Examiner’s office stated Floyd died of “cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression. The manner of death was ruled as a homicide, but the medical examiner’s review “revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation.”

This has raised many questions from the public – why have the other officers who were involved not charged? Will they be charged with murder? The private autopsy shows Floyd was killed on the scene and died in front of our eyes due to the pressure of Chauvin kneeling into his neck and from the two officers holding him down, pressing him lungs into the pavement, which interfered with blood flow to his heart and brain.

The Hennepin County medical examiner’s office said Floyd experienced cardiopulmonary arrest while being restrained by the officers. The county autopsy said Floyd had other significant conditions including “arteriosclerotic and hypertensive heart disease; fentanyl intoxication; and recent methamphetamine use.” The office had not previously released their findings pending toxicology reports.

Dr. Michael Baden, a pathologist of the independent autopsy, stated further testing wouldn’t reveal evidence of compressive pressure on Floyd’s neck, back, and legs since the pressure would have been released when it was no longer applied. He mentioned that large areas of scraped and abrasions on Floyd’s face indicated the force was used to press him into the ground.

Benjamin Crump, a civil rights lawyer representing the Floyd family, said, “What those officers did, as we have seen on the video, is his cause of death – not some underlying, unknown health condition. George Floyd was a healthy young man. The ambulance was his hearse.”

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