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Kuzma/iStock(NEW YORK) -- Harvey Weinstein's fate remains in the hands of jurors, as the third day of deliberations begins.

On Thursday morning, the jury's day is starting with their review of Paul Feldsher's testimony. He was the first defense witness who challenged Annabella Sciorra's claim that she was raped by Weinstein in the winter of 1993-94.

Jurors will also take a look at PowerPoint slides from the testimony of Dr. Barbara Ziv, a forensic psychologist who studies the behavior of sexual assault victims.

They will also review correspondence between Weinstein and Black Cube -- the Israeli private spy agency hired to keep tabs on the Hollywood mogul's accusers.

Weinstein stands charged with raping one woman in a Manhattan hotel room in 2013 and performing a forcible sex act on a different woman, who has since identified herself as former Weinstein production assistant Miriam "Mimi" Haleyi, in 2006. He has pleaded not guilty to all charges and claims any sexual encounters were consensual.

In addition to the two women behind those charges, four others, including Sciorra, testified in support of prosecutors' efforts to demonstrate a pattern of sexual predation.

On Wednesday, the jury sent a note to the judge asking for a re-reading of actress Rosie Perez's testimony. Perez took the stand in January, offering testimony in support of actress Sciorra's allegations against Weinstein.
 
They had also requested the testimony transcript from Haleyi, as well as all emails from any of Weinstein's email addresses to Haleyi.

The jury began its first day of deliberations on Tuesday, asking Manhattan Supreme Court Judge James Burke for a blueprint of Weinstein's former Manhattan apartment where Haleyi alleges she was sexually assaulted in 2006. They also requested legal clarification of the charges that could send the movie mogul to prison for the rest of his life.

If you or someone you know experienced sexual assault and is seeking resources, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673).

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Paul Archuleta/Getty Images(LOS ANGELES) -- The ex-boyfriend of Hollywood therapist Dr. Amie Harwick was lying in wait before allegedly throwing her over a balcony to her death, prosecutors said.

Gareth Pursehouse, 41, was charged Wednesday with murder and residential burglary with the special circumstance allegation of lying in wait, the Los Angeles County District Attorney's Office said.

Pursehouse could face the death penalty if convicted, prosecutors said, though a decision on whether to seek the death penalty has not yet been determined.

Harwick was allegedly killed in the early hours of Feb. 15. Around 1:15 a.m., officers in the Hollywood Hills responded to a radio call of a woman screaming, and Harwick's roommate met them in the street, according to the Los Angeles Police Department.

The roommate said Harwick was being assaulted, so he jumped a wall and went to a neighboring home to call for help, police said.

The 38-year-old therapist was found on the ground below a balcony at her Hollywood Hills home.

Harwick was a well-known marriage and family therapist who worked with people suffering from domestic violence, according to her website.

Harwick "recently expressed fear about a former boyfriend" who she had filed a restraining order against, according to police. The restraining order had since expired, police said.

Records show two restraining orders filed by Harwick against Pursehouse: one from 2011 and another from 2012.

Pursehouse is set to be arraigned on Thursday.

Drew Carey, who was previously engaged to Harwick, said in a statement Monday, "I am overcome with grief.”

Carey called Harwick "a positive force in the world, a tireless and unapologetic champion for women, and passionate about her work as a therapist."

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ABC News/WABC-TV(NEW YORK) -- Two dead newborn babies have been discovered at a recycling center in New Jersey leaving authorities to piece together who they belonged to and how exactly they died.

The authorities were first alerted to the Colgate Paper Stock company in New Brunswick, New Jersey, at approximately 9 a.m. on Wednesday to reports of a baby’s body being found, according to ABC News’ New York City station WABC-TV.

Evidence uncovered during the initial investigation led police to recover another body of a newborn child at the same site about six hours after the first grisly discovery was made.

According to Colgate’s website, items can be picked up or dropped off at the facility which could complicate the investigation into how the newborns got there.

The medical examiner is now trying to determine if the two babies are related along with when they died and how old they are. The Middlesex County Prosecutor is now working with investigators while they wait to hear conclusions from the medical examiner.

The facility operates around the clock and can take in up to 1,000 tons of recyclable materials on a daily basis.
 
The investigation into the incident is ongoing.

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ABC News(NEW YORK) -- A storm system moving through the southern half of the United States over the next 36 hours will bring a threat for flooding and snow to North Carolina and Virginia.

Already 4 to 8 inches of snow fell from Colorado to Iowa in the last 24 hours causing accidents and even shutting down interstate 70 in Kansas.

Heavy rain is adding to the flooding in the South where new evacuations were ordered Wednesday in Alabama.

As the storm moves across the South, eight states from Louisiana to Virginia are under flood and snow alerts.

Thursday morning, heavy rain is falling from Texas to Georgia as flood warnings continue on dozens of rivers and bayous in the South.

This storm system moves into the Southeast bringing more heavy rain here and snow to North Carolina and southern Virginia.

A Winter Storm Warning and Winter Weather Advisory has been issued from Tennessee to North Carolina, including Raleigh and Charlotte.

Snow is expected in the South and some areas could see up to 4 inches in North Carolina which could cause significant delays for the evening rush hour in the area.

Additional heavy rain is forecast from Mississippi to Alabama, Georgia and into South Carolina where this could cause more flooding.

On Thursday morning, to the north, a cold blast is moving through and wind chills are 20 below zero or more.

The cold air is now moving into the Northeast and the coldest air mass will be right over the Northeast Friday morning with wind chills near zero in Boston and single digits in New York City.

This cold blast is not expected to be long lived and much milder air is on the way to end the weekend.

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Tennessee Bureau of Investigation(SULLIVAN COUNTY, Tenn.) -- A desperate search is underway in Tennessee for a 15-month-old girl who authorities say was last seen in December.

Evelyn Mae Boswell, of Sullivan County, was entered as a missing child on Tuesday, but she was reportedly last seen on Dec. 26, according to the Tennessee Bureau of Investigation.

Investigators with the Sullivan County Sheriff’s Office and the Tennessee Department of Children’s Services immediately launched an investigation, with assistance from the Tennessee Bureau of Investigation and the Federal Bureau of Investigation. A statewide Amber Alert has been issued for the little girl.

Evelyn, who is white and has blonde hair and blue eyes, was last seen wearing a pink tracksuit with pink shoes and a pink bow in her hair. She is about 2-feet tall and weights 28 pounds, according to the Tennessee Bureau of Investigation.

The Sullivan County Sheriff's Office said the child’s mother, Megan "Maggie" Boswell, has been involved in the investigation along with the father, Ethan Perry, who is active duty in the U.S. military, stationed in Louisiana.

No additional information about her disappearance was immediately released.

Anyone with information regarding Evelyn's whereabouts is urged to contact the Sullivan County Sheriff's Office at 423-279-7330 or the Tennessee Bureau of Investigation at 1-800-TBI- FIND.


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Photoservice/iStock(NEW ORLEANS) -- A Mardi Gras celebration in New Orleans turned deadly when a woman was killed after being run over by a parade float.

The woman, whose name has not been released by police, was struck by a float from The Mystic Krewe of Nyx parade at the intersection of Magazine and Valence street around 9 p.m. local time Wednesday night, according to the New Orleans Police Department.

The victim was pronounced dead at the scene.

After the woman was fatally struck, floats in front of the incident continued along the route, while other floats were diverted, with police saying most people chose to stop marching after the accident.

The Mystic Krewe of Nyx said its mission is to "unite women of diverse background for fun, friendship, and the merriment of the Mardi Gras season." It had been holding the parade in New Orleans since 2012, its website said.

"On such a joyous night, this is obviously a tragic occurrence. The parade takes a back seat when something like this happens on the route," Krewe captain Julie Lea told ABC New Orleans affiliate WGNO. "On behalf of the entire Krewe of Nyx, along with the city of New Orleans, we offer our most sincere condolences to the family and friends of the individual involved."

Police said an autopsy would be performed and once the family is notified, they will release the name of the victim.

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Stephanie Keith/Getty Images(NEW YORK) -- A woman whose allegations of childhood sex abuse in New York were central to last year's indictment of Jeffrey Epstein was questioned by the FBI and subpoenaed for testimony by federal prosecutors in Florida more than a decade ago in connection with the first federal investigation into Epstein's alleged child sex trafficking, according to court documents and multiple sources familiar with the events.

But the woman, who was 19 at the time of her initial contact with federal agents in 2008, did not appear before a grand jury in West Palm Beach, as the subpoena commanded. Before her testimony could be secured, Epstein cemented a controversial and once-secret non-prosecution agreement with the U.S. Attorney's Office in Miami by pleading guilty to two state prostitution charges for which he was sentenced to 18 months in a county jail.

The woman's account could have helped prosecutors strengthen an already expansive case against Epstein, by potentially unraveling an alleged network of child sexual abuse at his Manhattan residence that mirrored what had been uncovered at his home in Palm Beach. But with the deal done, the federal grand jury was suspended, the investigation halted, and the subpoena to the woman, ultimately, withdrawn.

"I certainly think with the FBI's capabilities, even back then, that they could have unraveled the entire network from New York to Paris to New Mexico," said Spencer Kuvin, a West Palm Beach attorney who represented three of Epstein’s alleged victims during the original federal investigation in Florida. "The potential was always there. [The government] shut this thing down and pled this thing out before going through and talking to probably more than half of the women that were involved in this whole thing. Had they conducted a full investigation and taken their time, this would've been a whole different story.”

It wasn't until nearly 11 years later, when federal prosecutors in New York quietly opened a new investigation into Epstein, that the woman was again contacted by authorities seeking details of her alleged years-long sexual abuse by the multi-millionaire financier. Identified in last year’s indictment as “Minor-Victim 1,” she is the only alleged victim from New York whose allegations are specifically detailed in the charges, a strong indicator of her importance to the investigation.

According to the allegations contained in the indictment, the woman claimed she was initially recruited in 2002, at age 14, to provide massages to Epstein at his palatial Manhattan townhouse, and that she ultimately suffered sexual abuse that escalated over a period of years. Epstein allegedly enlisted one or more of his employees to schedule appointments with the girl and also encouraged, enticed and paid the teenager, whose family was in dire financial straits, to bring other young girls to engage in sex acts with him.

The woman, now 31, filed a civil lawsuit against Epstein’s estate following his arrest and his death by apparent suicide in a federal detention center last August, alleging that Epstein’s abuse "has forever scarred her and altered her life." The lawsuit, filed under a pseudonym, makes no mention of her prior contact with federal authorities, but it does lay out in harrowing detail the breadth of the abuse she allegedly endured as a vulnerable young girl.

“[Her] experience with Epstein fit within what is now known to have been a common pattern for the abuser," the complaint says. "He would find vulnerable young girls who needed money and slowly test their boundaries -- first asking them to remove their own clothes and massage him and then, over time, he would escalate his conduct, touching them in ways that would become more invasive, violent, and painful. As these children grew to rely financially on Epstein, he would only cause them more and more harm."

An attorney representing the woman -- whose identity is known to ABC News but is being withheld to protect her privacy -- declined to comment for this report. A spokesperson for the U.S. Attorney's Office in the Southern District of New York also declined to comment.

Marie Villafaña, the former Florida federal prosecutor who led the U.S. Attorney's Office investigation of Epstein and prepared a draft 53-page indictment against him, is said to be "heartbroken" over the outcome of the initial investigation, according to sources familiar with the investigation. She also declined to comment but her attorney, Ty Kelly, issued this statement on her behalf.

“Because the Department of Justice has declined to waive privilege over the Epstein matter, Ms. Villafaña is prohibited from discussing this matter and her opinions on the outcome in greater detail," the statement reads. "If the Department were to waive that privilege, she believes it would provide a fuller and more accurate picture of how she handled this matter and how she advocated for victims at every turn.”

The FBI agents’ first visit with the woman in New York -- in the early Spring of 2008 -- came at a particularly sensitive time in the federal investigation, which was being overseen by R. Alexander Acosta, then the U.S. Attorney in the Southern District of Florida.

Several months earlier, in September of 2007, Epstein had signed a deal with Acosta’s office, which would shelve a potential federal indictment for multiple child sex crimes that had been under investigation by the FBI and Acosta's prosecutors for more than a year. In exchange, Epstein agreed to plead guilty to two comparatively minor prostitution charges in a Florida state court, register as a sex offender and pay restitution to dozens of alleged victims of his abuse in Florida.

"It's just downright unjust." said Sunny Hostin, a former federal prosecutor and senior legal correspondent and analyst for ABC News. "The deal does not match the significance of the evidence in the case.”

Under the terms of the agreement, Epstein was required to "use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007." But not long after the ink was dry on the agreement, disputes arose between Epstein's legal team and the prosecutors over the interpretation of the restitution clauses in the deal, resulting in a months-long delay in finalizing the terms, according to court records in a lawsuit against the Justice Department by victims who challenged the agreement.

After an amended deal was agreed upon in December of 2007, Epstein was granted even more time for his legal team to appeal to higher levels of the Justice Department in Washington, D.C., challenging the premises of the federal investigation and certain aspects of the non-prosecution agreement.

In a court filing responding to the victims’ lawsuit against the Justice Department in 2017, Villafaña wrote that after the signing of the agreement Epstein "made several attempts to avoid having to perform the obligations he had undertaken," and as a result, her office continued to proceed as though a trial of Epstein was still a possibility.

"The investigation continued up until the day that Epstein entered his state court guilty plea," Villafaña wrote.

It was during that period of delay and uncertainty that the FBI paid its visit to the young woman in New York. It's not clear what she said to the agents, but after the meeting, she placed a call to an associate of Epstein looking for guidance on how to proceed, according to sources familiar with the situation, and Epstein then provided an attorney to represent the woman in discussions with federal prosecutors, who were pressing for her testimony before a grand jury.

As the date of a potential grand jury appearance for the woman approached – with all of his appeals to the Justice Department having been turned away – Epstein scheduled a hearing in Palm Beach County and finally entered the required guilty pleas on June 30, 2008, nine months after signing the deal with the federal government.

No one can say for sure whether the prospect of this woman testifying was a factor in the timing of Epstein’s plea, or know with certainty what would have happened if she had testified. But she is yet another young woman who suffered in silence while Epstein walked free.

"[She] never received a high school education. She suffers from post-traumatic stress disorder, anxiety, and depression," her complaint says. "Her severe emotional injuries manifest in myriad ways: she often finds herself crying; she is unable to form healthy emotional relationships with men; she often cannot sleep through the night or fall asleep at all; she has panic attacks; and she is constantly afraid for her young daughter."

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Debra Millet/iStock(SYRACUSE, New York) -- Graduate students at Syracuse University have been occupying an administrator building in protest of racist and biased incidents that have occurred on campus.

The protests, which are being led by a black student-led organization called #NotAgainSU, began Monday at the Crouse-Hinds Hall in response "to the administration's failure to address and denounce racism, xenophobia, homophobia, anti-Semitism, white supremacy and other oppressive systems" present on campus, according to a statement from the group.

The occupation is not in response to a specific incident, said the group, which instead is accusing the administration of not addressing more than 25 on-campus hate crimes since November.

More than 30 student organizers have been placed under interim suspension for remaining in the building past closing, reported The Daily Orange, the university's independent student-run newspaper.

"While students continue to bravely express how damaging and taxing this campus environment is and has been for underepresented identities, the administration continues to utilize strategies that force us to comply with and conform to the inequality and violence that directly affects our communities," a statement from #NotAgainSU read. "With this, Syracuse University continues to disregard its commitment to the safety and support of minority students, therefore maintaining an environment where oppression and racial violence is constantly enabled and enacted."

Just when #NotAgainSU protesters inside Crouse-Hinds were told that “essentials” were being allow into the building, a DPS officer searched our bags and threw food outside onto the ground. “Essentials” are being labeled only as medical and hygiene products. (1/2) pic.twitter.com/rrKgCFPSjU

— #NOTAGAINSU (@notagain_su) February 19, 2020

Tensions between the protesters and administrators have become "increasingly violent," the group wrote on Twitter Wednesday. Law enforcement has sealed the building off, blocking outside food and supplies, The Daily Orange reported.

University officials have said that protesters inside are free to leave at any time.

The university sent a memo to students, faculty and staff Wednesday stating that after a continued dialogue with the protesters, they decided to revoke interim suspensions for students who left the building by 10 p.m. Tuesday and allow the organizers to continue their protests at the Bird Library, "a 24-hour building that is equipped and staffed to safely handle the influx of students."

Administrators also agreed to schedule a meeting with students for Thursday to discuss their concerns and committed to weekly meetings throughout the spring semester.

The organizers rejected the offers, according to the university.

The students said they'll continue to protest until all interim suspensions are lifted and they're given unrestricted access to food and supplies.

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Kena Betancour/Getty Images(NEW YORK) -- Late into the second day of deliberations, the 12 New Yorkers deciding the fate of Harvey Weinstein have yet to reach a verdict but asked to be re-read Rosie Perez's testimony.

"Please read us back Rosie Perez testimony, thank you. We would also like copies of all digital/written communication between the defendant and Paul Feldsher, as well as Dr. Ziv’s Powerpoint presentation -- and all written or digital communications/emails mentioning Annabella in evidence ... "

In January, Perez took the stand offering testimony that supported actress Annabella Sciorra's allegations against Weinstein.

Earlier in the day, the jury had requested the transcript from Weinstein accuser Miriam Haleyi, as well as all emails from any of Weinstein's email addresses to Haleyi.

Yesterday, the jurors asked the judge in the high-profile rape trial for legal clarification of the charges that could send the movie mogul to prison for the rest of his life.

The jury of seven men and five women went back to work at 9:30 a.m. after spending the first day mulling the reams of evidence and witness testimony presented to them over more than two weeks in the riveting trial in State Supreme Court in lower Manhattan.

The 67-year-old Weinstein, co-founder of the Miramax entertainment company and once considered one of Hollywood's most powerful film producers, is charged with five felony counts for allegedly raping one woman, who is unnamed, in 2013 and performing a forcible sex act on another, Miriam "Mimi" Haleyi, in 2006.

He has pleaded not guilty to all charges and claims any sexual encounters were consensual.

The jury received the case Tuesday morning and put in a full day of dissecting the complex evidence.

Prosecutors presented evidence of an alleged pattern of sexual predation, arguing Weinstein spent years wielding his power and position to victimize women and kept them silent about being assaulted by him.

Weinstein's defense team countered that the two main accusers "re-labeled" consensual experiences as sexual assaults after the fall of 2017 when revelations about Weinstein broke in The New York Times and The New Yorker.

During the trial, the jury heard from 35 witnesses, including the two primary accusers and four other women, including "Sopranos" actress Annabella Sciorra, who allege attacks and predation.

Within the first hour of deliberations Tuesday, the Weinstein jury sent a note to the judge, asking for legal clarification of the charges the movie mogul faces.

Some time later, the jurors sent a second note asking for a blueprint of "the Soho apartment," which is in reference to Weinstein's former SoHo apartment on Crosby St. in Manhattan where Haleyi was allegedly sexually assaulted in 2006.

If you or someone you know experienced sexual assault and is seeking resources, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673).

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Rawf8/iStock(NEW YORK) -- A Western New York man was arrested Wednesday on charges that he threatened to kill Rep. Adam Schiff and Sen. Chuck Schumer.

Salvatore Lippa, 57, of Greece, New York, was charged with threatening to assault and murder a federal official on account of the performance of their official duties.

According to the criminal complaint, on Jan. 23, Schiff's Washington, D.C., office received a threatening voicemail that included a death threat.

Lippa started the threatening message by calling the congressman "Schiff, Shifty Schiff," invoking the nickname used by President Donald Trump for Schiff, the lead House manager during Trump's impeachment trial.

Almost two weeks later, on Feb. 4, Schumer received a threatening voicemail at his New York office that also contained a death threat.

In the threat, Lippa paired Schumer with House Speaker Nancy Pelosi, saying "Hey, Schumer, you and Nancy Pelosi are..." according to the complaint.

When questioned by U.S Capitol Police, Lippa admitted to making the threatening calls to Schiff and Schumer because he said he was upset about the impeachment proceedings, prosecutors said.

“The rights secured in our Constitution carry with them certain responsibilities. When it comes to the First Amendment, that responsibility includes the obligation not to threaten to kill others,” U.S Attorney James Kennedy said in a statement.

Lippa is due in federal court in Rochester on Wednesday afternoon. He faces up to 10 years in prison.

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Drew Perine/The News Tribune/Tribune News Service via Getty Images(PIERCE COUNTY, Wash.) -- A chilling 911 call captured a desperate mother's pleas for help after she alleged she was drugged with a tainted cupcake by a woman posing as a baby photographer in an attempt to snatch the victim's newborn daughter.

"I'm telling you something is wrong with me. I don't feel good," the mom, Elysia Miller, tells a Pierce County, Washington, emergency dispatcher in the 911 call she made this month. "I'm super spacey like it's hard to talk. And like my hands and my feet, and my arms are super numb. I feel like my breathing is jacked up, too."

Miller made the call shortly after she kicked Juliette Lelani Parker and Parker's 16-year-old daughter out of her Tacoma home when police say a photography session with Miller's newborn daughter took a disturbing twist.

Parker, 38, who last year ran for mayor of Colorado Springs, Colorado, is accused of showing up at the victim's home with her own teenage daughter earlier this month and drugging the victim with a tainted cupcake.

"I was fine and then I ate a cupcake," Miller said in the 911 recording released by the Pierce County Sheriff's Office. "I ate one, I was fine. I ate another one, and then my face started instantly going numb."

The mother-daughter team abandoned their alleged abduction attempt once Miller became ill and ordered them to leave, according to a probable cause affidavit filed on Tuesday in the bizarre case.

Parker, who also goes by several aliases, was arraigned in Pierce County Superior Court on Tuesday where her attorney entered not guilty pleas to charges of second-degree attempted kidnapping and second-degree assault.

Parker's daughter was also arrested and charged with the same crimes. She was expected to appear in juvenile court on Wednesday.

Prosecutors said the attempted kidnapping of Miller's infant occurred on Feb. 5 after Miller answered an ad Parker placed on a mommy group's Facebook page, offering to take photos of newborn babies for free, saying she was attempting to build a portfolio.

Miller said that after she answered the Facebook post in January, Parker made two visits to her home. On a third visit, Parker arrived with her 16-year-old daughter and offered Miller wine and cupcakes that Parker said she had baked.

She said that once she ate the cupcakes and started to fill violently ill, she noticed Parker wiping down her wineglass and other items in her house in an apparent attempt to erase her fingerprints.

Miller said that after Parker and her daughter left, she noticed her house keys were missing and that she started to vomit uncontrollably.

After making the 911 call, Miller was taken to a hospital, where blood tests were taken and doctors told her she was experiencing symptoms similar to someone exposed to the drug GHB, also known as the date-rape drug, Miller said.

Parker and her daughter, whose name has not been released because she is a juvenile, were initially arrested on Feb. 14. Parker was released after posting $50,000 bail.

On Tuesday, a judge increased her bail to $150,000 and ordered her to be immediately remanded to the custody of the Pierce County Sheriff's Office after ruling Parker was a threat to children in the community if she remained out on bail. According to online records, Parker remained in Pierce County Jail on Wednesday afternoon.

Parker's attorney, Ephraim Benjamin, dismissed the prosecution's case as "a lot of smoke."

"She is maintaining her innocence and she intends to fight these charges to the best of her ability," Benjamin said at Tuesday's hearing.

Miller issued a warning to anyone thinking about hiring a baby photographer via social media.

"Just yesterday I saw someone posting on social media looking for a baby photographer," Miller said on Tuesday. "Please, if you do that have somebody with you at all times. Check the website reviews. Check to see if they have a business license, ask for references, just be very careful and trust your instincts."

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Utah778/iStock(NEW YORK) -- An unarmed man allegedly shot in the face by a federal immigration officer earlier this month has filed a civil rights lawsuit against the agent and U.S. Immigration and Customs Enforcement.

Erick Diaz Cruz, 26, was visiting his mother in the Gravesend section of Brooklyn on Feb. 6 when he awoke to "men's voices and banging on the door," according to the lawsuit, which was filed in the Eastern District.

ICE officers were outside with his mother's partner, Gaspar Avendaño-Hernandez, who was being targeted for removal.

According to the lawsuit, filed on Wednesday, an unidentified ICE officer fired a gun directly at Cruz's face. The bullet fractured multiple bones as it passed through Cruz's left hand and into his left cheek, lodging behind his ear, according to the lawsuit.

"This was not just an attack against me, but also an attack against the entire Latino community in the United States," Cruz said in a statement. "Our community must come together to protest ICE's violence."

Cruz was in New York from his hometown of Martinez de la Torre, Veracruz, Mexico, on a valid tourist visa, according to the lawsuit.

"Along with millions of New Yorkers, we are heartbroken and sickened by ICE's senseless and unjustified shooting of Erick," said his attorney, Katie Rosenfeld of Emery Celli Brinckerhoff & Abady. "Erick posed no threat to anyone, at any time. Erick's face is shattered, and he and his family are traumatized."

The lawsuit said the shooting left Cruz's life "forever altered," adding that "what had started as a pleasant vacation with his girlfriend to see his family in New York, and a welcome break from his steady job as a municipal employee in Veracruz, Mexico, became a horrific, life-altering trip causing him grave and permanent injuries."

The lawsuit seeks unspecified monetary damages and named the alleged shooter, "John Doe 1," as a defendant.

At the time of the shooting, ICE said in a statement that the shooting was provoked.

"A U.S. Immigration and Customs Enforcement Fugitive Operations Team discharged at least one firearm in Brooklyn, New York, Thursday morning when officers were physically attacked while attempting to arrest Gaspar Avendano-Hernandez, a twice-removed illegal alien from Mexico with a 2011 assault conviction in New York City," the agency said.

ICE did not immediately respond to a request for comment from ABC News on Wednesday.

Avendaño-Hernandez had been arrested three days prior to the shooting for possession of a forged instrument. ICE tried to take him into custody on an immigration detainer, but city authorities don't recognize detainers unaccompanied by a signed arrest warrant.

"This forced ICE officers to locate him on the streets of New York rather than in the safe confines of a jail," ICE said in a statement at the time.

The case became fodder for an ongoing dispute between the Trump administration and New York over its sanctuary policies that give some shield to undocumented immigrants from federal enforcement.

Last week, the Trump administration said it will deploy 100 members of the U.S. Border Patrol Tactical Unit, a rapid-response security force, to assist ICE officers with removing undocumented immigrants from sanctuary cities like New York and Chicago.

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BlakeDavidTaylor/iStock(NEW YORK) -- A third teenager surrendered Wednesday in the fatal stabbing of Barnard College first-year Tessa Majors, marking the arrest of the final teen suspected of involvement in her death.

Luchiano Lewis, 14, turned himself in Wednesday and is being charged as an adult. No additional arrests are expected in connection with the stabbing, sources familiar with the matter told ABC News.

Another 14-year-old boy, Rashaun Weaver, was charged on Saturday as an adult in the killing.

Weaver is charged with two counts of murder in the second degree -- including one count as intentional murder and one count as felony murder --and Lewis is charged with one count of murder in the second degree as felony murder. Both are charged with first- and second-degree robbery.

Weaver and Lewis both pleaded not guilty Wednesday.

Majors, 18, was stabbed to death on Dec. 11 in upper Manhattan's Morningside Park, just off the campus of Columbia University, as three teenagers tried to rob her.

When Majors tried to escape, Lewis allegedly stopped her, according to court documents and statements made on the record in court. The college student then broke free and staggered up the stairs where she collapsed, according to documents and statements in court.

Manhattan District Attorney Cy Vance said Majors' last words were "Help me! I'm being robbed."

Majors' father came to court as Weaver and Lewis were arraigned on Wednesday and remanded into custody.

A 13-year-old was previously charged with aiding the attack and is awaiting a March trial in family court.

DNA recovered from the Majors' nail matched Weaver's profile, according to court documents and court statements. Weaver was also heard on an audio recording describing hitting the victim with a knife, according to court documents and court statements.

Weaver is also charged with robbing a man at knife-point in Morningside Park days before Majors' death, according to court documents and court statements. Weaver allegedly logged into the man's phone hours after it was stolen, according to iCloud records.

Vance said in a statement Wednesday, "While a criminal process will never fully heal the unimaginable pain suffered by Tessa Majors’ family and friends, this indictment is a significant step forward on the path to justice."

"We are committed to holding these young people accountable, and equally committed to a fair process which safeguards their rights," Vance said. "This is how we will achieve true justice for Tessa and her loved ones."

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Evgen_Prozhyrko/iStock(MACON, Ga.) -- The body of 23-year-old Georgia college student Anitra Gunn has been recovered days after she mysteriously disappeared, authorities said.

Gunn's body was found in a wooded area of Crawford County, Georgia, near the Peach County line, on Tuesday afternoon, officials with the Georgia Bureau of Investigation said in a statement on Wednesday.

"Please continue to pray for us as there are no words to describe this hurt," her father, Christopher Gunn, wrote on Facebook Wednesday.

An autopsy is scheduled for Thursday to determine Gunn's cause and manner of death, authorities said.

Gunn, a student at Fort Valley State University, was last seen on Friday, Feb. 14, at approximately 11:30 a.m., just outside Fort Valley, according to the Department of Public Safety. Fort Valley is about 30 miles outside of Macon.

Gunn's family contacted the police on Saturday when they couldn't reach her, and later on Saturday, the 23-year-old's car was found in the city limits of Fort Valley, authorities said.

Gunn's boyfriend, Demarcus Little, has been arrested on unrelated charges, GBI officials said.

Little, 23, was charged with criminal damage to property after the tires were slashed on Gunn's car and the windows were smashed at her apartment, the Fort Valley Department of Public Safety said. More charges are possible, according to the department of public safety.

"Thank you to all who helped search and post and call and prayed for Anitra's return," Christopher Gunn said in his statement Wednesday. "We are processing the devastating news and kindly ask for respect and privacy during this time as we wrap our hearts and minds around all of this. "

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Kuzma/iStock(NEW YORK) -- The 12 New Yorkers deciding the fate of Harvey Weinstein began their second day of jury deliberations on Wednesday after asking the judge in the high-profile rape trial for legal clarification of the charges that could send the movie mogul to prison for the rest of his life.

The jury of seven men and five women went back to work at 9:30 a.m. after spending the first day mulling the reams of evidence and witness testimony presented to them over more than two weeks in the riveting trial in State Supreme Court in lower Manhattan.

The 67-year-old Weinstein, co-founder of the Miramax entertainment company and once considered one of Hollywood's most powerful film producers, is charged with five felony counts for allegedly raping one woman, who is unnamed, in 2013 and performing a forcible sex act on another, Miriam "Mimi" Haleyi, in 2006.

He has pleaded not guilty to all charges and claims any sexual encounters were consensual.

The jury received the case Tuesday morning and put in a full day of dissecting the complex evidence.

Prosecutors presented evidence of an alleged pattern of sexual predation, arguing Weinstein spent years wielding his power and position to victimize women and kept them silent about being assaulted by him.

Weinstein's defense team countered that the two main accusers "re-labeled" consensual experiences as sexual assaults after the fall of 2017 when revelations about Weinstein broke in The New York Times and The New Yorker.

During the trial, the jury heard from 35 witnesses, including the two primary accusers and four other women, including "Sopranos" actress Annabella Sciorra, who allege attacks and predation.

Within the first hour of deliberations Tuesday, the Weinstein jury sent a note to the judge, asking for legal clarification of the charges the movie mogul faces.

Some time later, the jurors sent a second note asking for a blueprint of "the Soho apartment," which is in reference to Weinstein's former SoHo apartment on Crosby St. in Manhattan where Haleyi was allegedly sexually assaulted in 2006.

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