Midwest
Two federal death row inmates refuse Biden's commutation in continued fight to prove their innocence
Two of the 37 inmates on federal death row whose sentences were commuted to life without parole last month by President Biden are rejecting clemency.
Shannon Agofsky, 53, and Len Davis, 60, who are both in the U.S. Penitentiary in Terre Haute, Indiana, are refusing to sign the paperwork to accept the president’s clemency action due to the legal avenues they are afforded on death row, according to court documents.
The pair filed emergency motions in federal court on Dec. 30 requesting an injunction to block the change to their death sentences, saying that accepting their commutations would remove the heightened scrutiny that death penalty appeals receive.
Heightened scrutiny is a legal process in which the courts examine cases like death penalty appeals closer for errors because these cases are a matter of life or death.
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Two of the 37 federal inmates on death row whose sentences were commuted to life without parole by President Biden are rejecting clemency. (AP Photo/Manuel Balce Ceneta)
“To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny,” Agofsky’s filing reads. “This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures.”
Davis, a former New Orleans police officer, “has always maintained that having a death sentence would draw attention to the overwhelming misconduct” against the Justice Department, he wrote in his filing.
But, as Davis noted, case law on this issue is “quite murky” and there is no guarantee the two inmates can have their death sentences restored.
Notably, the Supreme Court ruled in 1927 that a president may grant reprieves and pardons without the convict’s consent. Both inmates wrote in their filings that they never requested commutation.
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A jury convicted Agofsky in the 1989 murder of Dan Short, an Oklahoma bank president. His body was found in a lake after prosecutors said Agofsky and his brother, Joseph Agofsky, kidnapped and killed Short before stealing $71,000 from the bank.
Joseph Agofsky was found not guilty of murder, but was sentenced to life in prison for the robbery. He died behind bars in 2013.
Shannon Agofsky was sentenced to life in prison after he was convicted on murder and robbery charges. He was later convicted in the 2001 stomping death of fellow inmate, Luther Plant, while he was incarcerated in a Texas prison. A jury recommended a death sentence in that case in 2004.
A Texas jury recommended Shannon Agofsky be sentenced to death after he was convicted of killing a fellow inmate while incarcerated. (AP)
Agofsky said in his filing last week that he is disputing how he was charged with murder in Plant’s death and that he is also seeking to “establish his innocence in the original case for which he was incarcerated.”
His wife, Laura, who married him in 2019 over the phone, told NBC News that his lawyers had encouraged him to seek a presidential commutation, but he refused because he was afforded legal counsel crucial in his appeals as a death row inmate. She said her husband still has lawyers helping him in his case.
She told the outlet that her husband only having his sentence commuted is “not a win for him” because she believes there is evidence that can prove his innocence.
“He doesn’t want to die in prison being labeled a cold-blooded killer,” she said.
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Davis was found guilty in connection with the 1994 murder of Kim Groves, who had filed a complaint against him as a police officer on allegations he beat a teenager in her neighborhood. Prosecutors charged Davis with violating Groves’ civil rights after accusing him of hiring a drug dealer to kill her.
A federal appeals court tossed out Davis’ original death sentence, but it was reinstated in 2005.
Davis “has always maintained his innocence and argued that federal court had no jurisdiction to try him for civil rights offenses,” his filing reads.
Only three of the 40 men on federal death row are still facing execution following President Biden’s commutations last month. (AP Photo/Sue Ogrocki, File)
Both Davis and Agofsky are urging a judge to appoint a co-counsel in their requests for an injunction of the commutations.
The Justice Department issued a moratorium on executions during the Biden administration, but President-elect Trump has vowed to expand federal executions when he returns to the White House later this month.
“I am more convinced than ever that we must stop the use of the death penalty at the federal level,” Biden said in a statement last month. “In good conscience, I cannot stand back and let a new administration resume executions that I halted.”
The three federal death row inmates who were not granted clemency were Dzhokhar Tsarnaev, who was convicted in the 2013 Boston marathon bombing; Dylann Roof, who was found guilty in the 2017 mass shooting at a Charleston, South Carolina, church; and Robert Bowers, who was sentenced for the 2018 mass shooting at a Pittsburgh Synagogue.
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Detroit restaurateur and nightlife mainstay Michael “Mike B.” Brown was fatally shot early Saturday morning on the city’s west side, a violent incident that also left two other people injured and sent shockwaves through Detroit’s hospitality and entertainment communities.
According to Detroit police, the shooting occurred outside Suite 100, a cocktail bar on Schaefer Highway near Puritan Avenue. Investigators are urging anyone with information to come forward. As of Sunday afternoon, authorities had not announced any suspects or arrests.
“At approximately 4:30 a.m., Saturday, there was a triple shooting that occurred at 15789 Schaefer,” Detroit Police Department (DPD) media relations manager Jasmin Barmore wrote in an official statement Sunday afternoon. “Two of the vicims were found in front of the location and the third across the street from the location. Unfortunately, the victim found across the street from the location, Mikey Brown, succumbed to his injuries.
“The Detroit Police Department extends their condolences to the family and is asking the community for assistance with this incident. Anyone with information about this incident is asked to please contact DPD’s homicide unit or, they can submit an anonymous tip through Crime Stoppers or Detroit Rewards TV.”
Brown, 52, had spent decades building a name for himself across Detroit’s club and restaurant circuits, evolving from party promoter to business owner and, in recent years, a culinary entrepreneur with expanding ambitions. His death comes at a moment when he had been working to grow his “Sloppy” restaurant brand – a move that aligned with the rise of new Black-owned establishments reshaping the city’s dining landscape.
His first major restaurant venture, Sloppy Chops, opened in 2020 on West McNichols just off the Lodge Freeway. The steakhouse featured high-end cuts like ribeyes and tomahawks, but it quickly drew wide attention for its low-cost lamb chop specials – a dish with a fervent local following and long-standing ties to the city’s food culture.
A year later, Brown launched Sloppy Crab, later renamed the Crab Sports Bar, on East Jefferson Avenue near the Renaissance Center. The seafood spot mixed Detroiters’ love for crab dishes with the energetic, nightlife-forward atmosphere Brown had refined during his years in the entertainment scene. Occasional cover charges, signature strong cocktails and celebrity drop-ins helped make the venue one of downtown’s most animated destinations, placing it alongside longstanding nightlife pillars such as Floods Bar & Grille and Sweetwater Tavern.
Both restaurants emerged during a period when Detroiters were increasingly vocal about who new development served. Sloppy Crab’s proximity to the riverfront offered an answer to residents who wondered where Black diners fit into the city’s transforming downtown, while Sloppy Chops demonstrated that restaurants with the energy and polish of downtown destinations could thrive in the neighborhoods as well.
As of Sunday afternoon, more than 1,000 comments expressing sadness and shock had flooded a pinned post on Brown’s Instagram page, along with a number of posts on his Facebook profile.
On her own page, Darralynn Hutson, an award-winning journalist, author, documentarian and media strategist who has provided content to a host of media outlets including the Detroit Free Press, shared photos of herself with Brown.
“I had the opportunity to interview Mike a few years ago for a feature in Food & Wine and I remember how reluctant he was about sitting down to talk,” Hutson recalled. “Interviews weren’t his thing – he was much more comfortable building than explaining. I had to call him more than 20 times to set up the interview. He didn’t care about Food & Wine. But once we ate and got into conversation, what came out was his commitment to creating something for his Detroit.”
Brown’s influence stretched far beyond his menus. His establishments became recognizable gathering places, and his presence – familiar from downtown corridors to Dexter Avenue – made him a significant cultural figure in Detroit’s nightlife and, later, its dining renaissance.
His death leaves both industries mourning a personality whose ambitions were still growing, and whose imprint on the city’s social fabric remains unmistakable.
Community members and city leaders celebrated the opening of four new community-powered fridges on the North Side of Milwaukee. A ribbon-cutting ceremony was held on Friday, Feb. 27, at Metcalfe Park Community Bridges, 3624 W. North Ave., to mark the occasion.
The effort to fight food scarcity by opening community-powered fridges comes after several grocery stores closed in the area, creating a food desert.
District 15 Ald. Russell W. Stamper II, who saw several grocery stores in his district close over the past few years, served as the event’s emcee.
“We could either complain about the problem, or we could come together to find a solution,” Stamper said.
In July 2025, a Pick ‘n Save on the North Side closed, prompting the opening of a community-powered fridge at Tricklebee Café in the Sherman Park and Uptown area. Since then, several other grocery stores have closed in the area.
This led Stamper, FEED MKE, Metcalfe Park Community Bridges and One MKE to open four more community-powered fridges.
Christie Melby-Gibbons, executive director of Tricklebee Café, talked about the organization’s community-powered fridge. About a week ago, the fridge was empty for the first time since its launch, so staff turned to their online community for support.
“Within 20 minutes, a woman came in with bags of food and filled the fridge for less than $100,” Melby-Gibbons said.
The community-powered fridge network is run by residents on a take-what-you-need, leave-what-you-can model. Taking a grassroots approach to solving food insecurity in the area, community members provide fresh produce and other healthy food options to ensure that their neighbors have access to nutritious foods.
“Everybody deserves to eat. I can’t go to sleep at night knowing my neighbors are hungry,” said Melody McCurtis, deputy director of Metcalfe Park Community Bridges.
Here’s a list of all the community-powered fridges:
Metcalfe Park Community Bridges
3624 W. North Ave.
Rooted & Rising- Washington Park
3940 W. Lisbon Ave.
Sherman Park Community Association
3526 W. Fond du Lac Ave.
Dominican Center
2470 W. Locust St.
Tricklebee Café
4424 W. North Ave.
Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.
This article first appeared on Milwaukee Neighborhood News Service and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
Minneapolis, MN
Man killed over Louie Vuitton bag, suspect was on bond for suspected carjacking, charges say
Minneapolis police are investigating a homicide on Feb. 24, 2026. (FOX 9)
MINNEAPOLIS (FOX 9) – A man is dead after a witness said he refused to give up a Louis Vuitton bag while being robbed by multiple men at gunpoint.
Abdirahman Khayre Khayre, 20, is charged with second-degree murder and first-degree robbery for the incident that happened on the evening of Feb. 24 in Minneapolis.
READ MORE: Man fatally shot in south Minneapolis apartment building
Fatal Minneapolis shooting after robbery
The set-up:
Minneapolis police responded around 10:42 p.m. on Feb. 24 at the Abbott Apartments, located on the 100 block of East 18th Street in the Stevens Square neighborhood of Minneapolis.
Officers then found a dead man in the lobby who had been shot multiple times.
A witness to the shooting said he and the victim arrived at the apartments to “hang out” with Khayre, according to the criminal complaint.
The witness said he became suspicious when Khayre he left the room multiple times and “appeared to be stalling.”
The robbery:
The complaint states the witness reported three men then came into the room and yelled “Give me everything.” The men were armed with Glock handguns that had extended magazines as well as an AR-style rifle.
They then stole two guns from the witness, and one of them was handed to Khayre.
When the men demanded a Louis Vuitton bag from the victim, he refused, leading to a fight between them all.
The shooting:
The witness said when he walked toward them, Khayre pointed the witness’ stolen gun at him and racked it.
The witness then got out of the room, ran toward the lobby and heard multiple gunshots. He then saw two of the men flee out the back of the building, but didn’t see what direction they went in.
The victim was then found dead.
The aftermath:
Khayre was then identified by the witness in a photo lineup, according to the criminal complaint.
Police say video footage corroborated much of what the witness reported.
Khayre was on conditional release for a suspected carjacking at the time of the shooting, according to the complaint.
The Source: This story uses information gathered from a criminal complaint filed in Hennepin County and previous FOX 9 reporting.
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