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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Michigan
Michigan cities rethink
Cities across Michigan are rethinking “No Mow May” policies amid fears that taller grass could attract ticks and growing evidence that skipping mowing for just one month does little to help pollinators.
The annual initiative encourages residents in Michigan and around the world to hold off on mowing in May in order to create more space for bees, butterflies and other pollinators at a time when food is scarce. Some ornamental flowers, like bee balm and sunflower, don’t bloom until mid-June, leaving early-season pollinators with fewer sources of nectar and pollen.
Still, experts say the impact of a one-month pause may be overstated. Research is limited on whether letting grass grow for only a few weeks meaningfully helps pollinators, according to David Lowenstein, a consumer horticulture expert for Michigan State University.
“The science is not there to show it’s going to have a meaningful impact on bees,” Lowenstein told Bridge Michigan. “Bees need two things: food to eat, which comes in the form of pollen and nectar, and a place to nest, which could either be underground for cavity-nesting bees or in logs.”
The concept behind No Mow May took off in 2019, when the British conservation group Plantlife began promoting it as a simple way to support pollinators. Letting clovers, dandelions and other low-growing plants flourish can provide nectar and pollen, while also reducing water use.
But rather than abandoning mowing altogether, Lowenstein suggests a more balanced approach.
“What would be a better rebranding would be something like, ‘Reduced Mow May” … because there are certain kinds of low-growing flowers in lawns like violets and white clover that are good for bees,” Lowenstein said.
“Many bumble bees and smaller bees do visit those and if you were to let your lawn grow a little bit higher, maybe mowing it … every two or three weeks, if you could, would allow for some of those weeds that are good for bees to grow.”
That shift toward longer-term solutions is reflected in East Lansing, where officials recently adopted a resolution redefining what counts as weeds and allowing for year-round pollinator-friendly landscapes.
“No Mow May raised real awareness about pollinators and got a lot of residents thinking differently about their yards,” Cliff Walls, the city’s environmental sustainability and resiliency manager, said in a statement.
“But a one-month mowing enforcement pause was never going to be the long-term answer.”
Under East Lansing’s new rules, plants taller than 6 inches can qualify as a native garden or lawn if they are intentionally planted, clearly defined, made up of native species and properly maintained.
The ordinance “gives us a durable, year-round framework that supports ecological landscaping while keeping clear, fair expectations for property maintenance,” Walls said.
Tick fears
Other Michigan cities are also rethinking how to support pollinators, with several moving away from the one-month model.
Ann Arbor’s city council approved a No Mow May ordinance in 2022, but later replaced it with a broader Pollinator-Aware Yard Care initiative after hearing mixed feedback from residents.
“When we had that ordinance in effect for 2022, we received a lot of public comment from folks, a lot of folks in support of the program and a lot of folks with concerns about the program,” said Sean Reynolds, senior analyst for the city’s Office of Sustainability and Innovations.
Among those concerns were unintended side effects, including the potential for taller grass to attract ticks.
“Back in 2022, when we had the No Mow May ordinance, there were concerns around infective species, especially ticks, which was a concern that we heard and part of the reason we wanted to transition to something that’s a little more flexible,” Reynolds said.
When the grass grows too high, it creates a more inviting environment for ticks, especially during this time of year when they are most active.
The concern is not theoretical.
According to the Michigan Department of Health and Human Services’ 2026 Lyme Disease Risk Map, 82 of the state’s 83 counties have a known or potential risk for Lyme disease, driven in part by the spread of blacklegged ticks.
Instead of pausing mowing altogether, Ann Arbor now encourages residents to plant native species, shrink traditional turf lawns, limit pesticide use and reduce light pollution.
A “critical time” for pollinators
A similar mix of approaches is playing out elsewhere.
In Jackson, officials launched a limited version of No Mow May in 2023, allowing residents to let backyard grass grow while still requiring front yards and street-facing areas to be maintained. The program was reinstated this year after a brief pause.
“There are usually a lot more prevalent flowers after May, so that’s why May is such a critical time for pollinators because there are fewer options for them,” said Christina Crouch, communications manager for the city. The initiative is making “a small impact over time,” adding more resources and options for pollinators, Crouch said.
Even so, participation comes with clear boundaries: only backyards qualify, while front yards, including strips along the road, must still be mowed.
Meanwhile, Ferndale has taken a different route. After launching its program in 2023, the city ended No Mow May in 2025, citing limited evidence of its effectiveness despite strong initial participation.
More than 700 Ferndale households participated in an initial pilot program, but the city subsequently evaluated whether No Mow May programs are effective.
The conclusion: “They are not.”
“This is mostly due to the lack of pollinator-friendly vegetation present in the typical suburban/urban turfgrass lawn, meaning that the plants that do grow when not being mowed do not contribute to pollinator habitats in any meaningful way,” the city explained on its website.
Ferndale now recommends residents maintain cut grass that is three or four inches tall to outcompete weeds, reduce air and noise pollution by mowing less often and only remove about a third of the grass each time.
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This story was originally published by Bridge Michigan and distributed through a partnership with The Associated Press.
Minnesota
Local festivals benefit from new Minnesota Humanities Center grants
The Minnesota Humanities Center has awarded more than $2.8 million in legacy grants for 43 festivals around the state.
This is the second year the Minnesota Legislature has provided funds from the Clean Water, Land and Legacy Amendment. The Humanities Center received 141 applications and $14,149,967 in requests for proposed projects. The average grant request was $101,475 and 35 percent of applicants were outside of the seven-county metro area.
“I am thankful for the hard work of our review panels in reviewing the applications submitted,” said CEO Kevin Lindsey in a news release. “Funding will support the many unique, diverse and wonderful festivals in Minnesota that build our community and make our state an amazing place to live.”
St. Paul organizations that received funding include: 825 Arts ($122,700), Arts Us Center for the African Diaspora ($49,380), Full Circle Theatre Company ($51,250), India Association of Minnesota ($20,000), Indigenous Roots Cultural Arts Center ($40,000), International Festival of Minnesota ($194,250), Mizna ($55,000), Monarch Joint Venture ($37,840), Music Mission ($14,545), New Native Theatre ($114,500), Rondo Avenue Inc. ($80,000), Selby Avenue Jazz Festival ($100,000), the United Hmong ($220,000), Twin Cities Jazz Festival ($150,000), Walker West Music Academy ($100,000) and Westside Boosters Youth Athletic Club ($220,000).
Minneapolis organizations include: BIPOC Foodways Alliance ($62,160), Friends of Global Market, Inc. ($25,000), Minnesota People of Color LGBT Pride ($20,000), MSP Film Society ($100,000), Northeast Mpls Art Association ($38,067), Oromo Diaspora Media ($37,972), PCYC ($50,035), Rebound, Inc. ($24,825), SEAD Project ($82,800), Somali Museum ($56,366) and West Broadway Business and Area Coalition ($24,000).
Other groups in the metro that received funding include: Bloomington Pride ($10,000) and Tehor Tibetan Organization of MN ($24,000) in Bloomington; South St. Paul’s Dance Projects by ME ($50,000); Hiddo Soor International Organization ($55,000) and Pan Asian Arts Alliance ($49,800) in Plymouth; Minnesota Vietnamese Language School in Roseville ($16,500); and Brooklyn Park’s Umunne Cultural Association ($60,000).
Nebraska
Nebraska driver hits 160 mph fleeing state troopers on Interstate 80
LINCOLN, Neb. (KOLN) – A 20-year-old driver accused of reaching 160 mph while fleeing from state troopers in Lancaster County was arrested early Thursday.
The Nebraska State Patrol (NSP) said the incident began around 8:30 p.m. Wednesday when a trooper was patrolling on Interstate 80 in Lincoln, southeast of Lincoln Airport. A BMW sedan was reportedly seen speeding at more than 95 mph in a 65 mph zone.
The trooper attempted a traffic stop on the BMW, but the driver accelerated and fled eastbound, NSP said. A pursuit then began.
NSP said the BMW driver reached speeds of more than 160 mph on Interstate 80 before taking the exit at 56th Street and continuing south. The pursuit was discontinued out of concern for public safety.
The suspect vehicle was found several minutes later by another trooper. It was traveling westbound on Cornhusker Highway between 70th and 65th streets.
NSP said the driver again fled from law enforcement, turning northbound onto 56th Street, where another trooper successfully deployed stop sticks. The driver continued before coming to a stop near Highway 77 and Agnew Road in northern Lancaster County and ran off.
Troopers, with help from several other agencies, later found the driver when he returned home around 1:30 a.m. Thursday.
The driver, identified as Nathanael Campbell of Ceresco, was arrested on suspicion of flight to avoid arrest, second-offense willful reckless driving, obstructing a peace officer and other traffic violations. He was lodged in the Lancaster County Jail.
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