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Death of Cuban immigrant in ICE custody in Texas ruled a homicide, autopsy finds

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Death of Cuban immigrant in ICE custody in Texas ruled a homicide, autopsy finds


A Cuban migrant held in solitary confinement at an immigration detention facility in Texas died after guards held him down and he stopped breathing, according to an autopsy report released Wednesday that ruled the death a homicide.

Geraldo Lunas Campos died Jan. 3 following an altercation with guards. U.S. Immigration and Customs Enforcement said the 55-year-old father of four was attempting suicide and the staff tried to save him.

But a witness told The Associated Press last week that Lunas Campos was handcuffed as at least five guards held him down and one put an arm around his neck and squeezed until he was unconscious.

His death was one of at least three reported in little more than a month at Camp East Montana, a sprawling tent facility in the desert on the grounds of Fort Bliss, an Army base.

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The autopsy report by the El Paso County Medical Examiner’s Office found Lunas Campos’ body showed signs of a struggle, including abrasions on his chest and knees. He also had hemorrhages on his neck. The deputy medical examiner, Dr. Adam Gonzalez. determined the cause of death was asphyxia due to neck and torso compression.

The report said witnesses saw Lunas Campos “become unresponsive while being physically restrained by law enforcement.” It did not elaborate on what happened during the struggle but cited evidence of injuries to his neck, head and torso associated with physical restraint. The report also noted the presence of petechial hemorrhages — tiny blood spots from burst capillaries that can be associated with intense strain or injury — in the eyelids and skin of the neck.

Dr. Victor Weedn, a forensic pathologist who reviewed the autopsy report for the AP, said the presence of petechiae in the eyes support the conclusion that asphyxia caused the death. Those injuries suggest pressure on the body and are often associated with such deaths, he said.

He said the contusions on Lunas Campos’ body may reflect physical restraint and the neck injuries were consistent with a hand or knee on the neck.

The autopsy also found the presence of prescription antidepressant and antihistamine medications, adding that Lunas Campos had a history of bipolar disorder and anxiety. It made no mention of him attempting suicide.

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ICE’s initial account of the death, which included no mention of an altercation with guards, said Lunas Campos had become disruptive and staff moved him into a cellblock where detainees are held away from others.

“While in segregation, staff observed him in distress and contacted on-site medical personnel for assistance,” the agency said in its Jan. 9 statement. “Medical staff responded, initiated lifesaving measures, and requested emergency medical services.”

Lunas Campos was pronounced dead after paramedics arrived.

Last Thursday, after Lunas Campos’ family was first informed the death was likely to be ruled a homicide, Department of Homeland Security spokesperson Tricia McLaughlin amended the government’s account, saying he had attempted suicide and guards tried to help him.

“Campos violently resisted the security staff and continued to attempt to take his life,” she said. “During the ensuing struggle, Campos stopped breathing and lost consciousness.”

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After the final autopsy report was released Wednesday, McLaughlin issued a statement emphasizing that Lunas Campos was “a criminal illegal alien and convicted child sex predator.”

New York court records show Lunas Campos was convicted in 2003 of sexual contact with a person under 11, a felony for which he was sentenced to one year in jail and placed on the state’s sex offender registry. Lunas Campos was also sentenced to five years in prison and three years of supervision in 2009 after being convicted of attempting to sell a controlled substance, according to the New York corrections records. He completed the sentence in January 2017.

“ICE takes seriously the health and safety of all those detained in our custody,” McLaughlin said Wednesday, adding that the agency was investigating the death. DHS has not responded to questions about whether any outside law enforcement agency was also investigating.

It was not immediately clear whether the guards present when Lunas Campos died were government employees or those of a private contractor.

A final determination of homicide by the medical examiner would typically be critical in determining whether any guards are held criminally or civilly liable. The fact that Lunas Campos died on an Army base could limit state and local officials’ legal jurisdiction to investigate.

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Lunas Campos was among the first detainees sent to Camp Montana East, arriving in September after ICE arrested him in Rochester, New York, where he lived for more than two decades. He was legally admitted to the U.S. in 1996, part of a wave of Cuban immigrants seeking to reach Florida by boat.

ICE said he was picked up in July as part of a planned immigration enforcement operation due to criminal convictions that made him eligible for removal.

In addition to Lunas Campos, ICE announced that on Dec. 3 an immigrant from Guatemala held in Camp East Montana died after being transferred to a El Paso hospital for care. While the cause of death was still pending, the agency said Francisco Gaspar-Andres, 48, was suspected to have died of liver and kidney failure.

On Sunday, ICE announced that Victor Manuel Diaz, a 36-year-old immigrant from Nicaragua, died at Camp East Montana on Jan. 14 of a “presumed suicide.” The agency said Diaz was detained by ICE earlier this month during the immigration crackdown in Minneapolis.

Unlike with the two prior deaths, Diaz’s body wasn’t sent to the county medical examiner in El Paso.

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The government awarded Acquisition Logistics a $1.24 billion contract to build and operate Camp East Montana, which opened in August of last year. 

A house in suburban Richmond, Virginia, is listed as the headquarters of Acquisition Logistics and has no public record of running a detention facility before this one. 

In an interview with CBS News in September, Democratic Rep. Veronica Escobar of Texas, who had been inside the facility twice at that point, described it as a “giant tent city.”

“There are hard floors. There are walls that go up, probably about three-quarters of the way to the ceiling,” she said at the time.

Escobar said she saw about 1,500 people inside during one visit.

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McLaughlin said Wednesday that the autopsy for Diaz is being performed at the Army medical center at Fort Bliss. DHS again did not respond to questions about whether any agency other than ICE will investigate the death.

Escobar on Wednesday called on DHS Secretary Kristi Noem and acting ICE Director Todd M. Lyons to brief Congress about the recent deaths.

“DHS must preserve all evidence — including halting their effort to deport the witnesses,” Escobar said Wednesday. “I reiterate my call for Camp East Montana to be shut down and for the contract with the corporation running it to be terminated.”



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Texas sues Netflix, alleges platform spied on kids and collected data

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Texas sues Netflix, alleges platform spied on kids and collected data


The state of Texas announced a lawsuit against streaming giant Netflix on Monday, accusing the company of spying on children and other consumers by collecting their data without consent and designing the platform to be addictive.

Texas claims that Netflix has falsely represented to consumers that it didn’t collect or share user data while it actually tracked and sold viewers’ habits and preferences to commercial data brokers and advertising technology companies.

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The lawsuit, filed by Texas Attorney General Ken Paxton, claims that “Netflix’s endgame is simple and lucrative: get children and families glued to the screen, harvest their data while they are stuck there, and then monetize the data for a handsome profit.”

The state of Texas announced a lawsuit against streaming giant Netflix on Monday. (Nikos Pekiaridis/NurPhoto via Getty Images)

“When you watch Netflix, Netflix watched you,” Texas added in the lawsuit.

NETFLIX CO-FOUNDER REED HASTINGS TO STEP DOWN, DEPARTURE IS ‘SPOOKING INVESTORS’

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NFLX NETFLIX INC. 85.39 -2.10 -2.40%

The complaint quotes comments made by former CEO Reed Hastings who said in 2020, while he was still leading the streaming company, that “we don’t collect anything,” amid questions over Big Tech companies’ data collection practices.

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Netflix was also accused of quietly using “dark patterns” to keep users watching on its platform, such as an autoplay feature that starts a new show after a different show ends.

NETFLIX RAISES SUBSCRIPTION PRICES ACROSS ALL PLANS

Texas Attorney General Ken Paxton filed the lawsuit. (Cheney Orr/Reuters)

Paxton said in a press release that Netflix “has built a surveillance program designed to illegally collect and profit from Texans’ personal data without their consent, and my office will do everything in our power to stop it.”

The attorney general said he’s charging Netflix under the state’s Deceptive Trade Practices Act and seeks to require Netflix to stop the unlawful collection and disclosure of user data, require Netflix to disable autoplay by default on kid’s profiles, and to secure injunctive relief and civil penalties.

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FOX Business reached out to Netflix for comment.

Reuters contributed to this report.



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6 people found dead inside a boxcar in Texas, officials say | CNN

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6 people found dead inside a boxcar in Texas, officials say | CNN


Six people were found dead inside a cargo train boxcar in a Texas city along the southern border on Sunday, officials said.

The bodies were found in a Union Pacific train at a rail yard in Laredo, around 160 miles south of San Antonio, just after 3:30 p.m. local time, said Jose Espinoza, a public information officer with the Laredo Police Department.

The circumstances of their deaths are unknown, said Laredo police spokesperson Joe Baeza, according to CNN affiliate KGNS, and an investigation is underway.

Union Pacific operates across the border and is the only railroad that services all access points into Mexico, according to the freight company’s website.

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Temperatures on Sunday afternoon in Laredo were in the low-mid 90s, though it’s unclear whether heat was a factor.

Union Pacific said it was saddened by the incident and is working closely with law enforcement to investigate.

Laredo police said they received a call around 3 p.m. from an employee at the Union Pacific rail yard, KGNS reported. The bodies were discovered during a routine rail car inspection, police said. No survivors were found.

CNN has reached out to Laredo police for more information.

“It’s a very early phase of the investigation. There’s not a lot to reveal right now,” Baeza said, KGNS reported.

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The immigration status and ages of the deceased are not yet known, Espinoza said.

US Customs and Border Protection referred CNN to the Laredo Police Department, saying “The incident remains under investigation by Laredo Police Department and Homeland Security Investigation and Texas Rangers.”

CNN has reached out to the Department of Homeland Security, HSI and the Texas Department of Public Safety.

“It’s a very unfortunate event,” Espinoza told CNN. “It was too many lives that were lost.”

This story has been updated with additional information.

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Gov. Abbott activates state emergency resources ahead of severe storm threat

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Gov. Abbott activates state emergency resources ahead of severe storm threat


Gov. Greg Abbott on Sunday directed the Texas Division of Emergency Management to activate state emergency response resources as a massive storm system threatens much of the state with hurricane-force winds, giant hail, and the risk of tornadoes.

Severe weather in Texas

The severe weather, expected to last through Monday morning, covers a vast footprint including West, North, East, Central, and South-Central Texas. Forecasters warned the system could produce wind gusts exceeding 75 mph and hail larger than 2 inches in diameter.

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What they’re saying:

“Texas is prepared to confront the severe storms that pose a threat to communities all across our state,” Abbott said in a statement. He urged Texans to monitor local forecasts and warned motorists never to drive through flooded roadways, invoking the phrase, “Turn Around, Don’t Drown.”

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Heavy rainfall is expected to be widespread, with some areas potentially seeing isolated totals of 3 to 6 inches, which could lead to significant flash flooding. As the system progresses, the threat is expected to shift toward the South and Southeast Texas coasts.

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In preparation, the governor has deployed a wide array of state assets to assist local officials, including:

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  • Search and Rescue: Swiftwater and floodwater rescue boat squads and urban search and rescue teams from Texas A&M Task Forces 1, 2, and 3.
  • Aviation and Marine Support: Helicopters with hoist capabilities from the Department of Public Safety and Texas Parks and Wildlife, as well as Tactical Marine Units.
  • Infrastructure and Recovery: Texas Forest Service saw crews to clear debris from roads and Department of Transportation personnel to monitor highway conditions.
  • Medical and Utility Support: Emergency medical task forces with ambulances and all-terrain vehicles, along with monitors from the Public Utility Commission to coordinate power outage responses.

State agencies are also monitoring the state’s natural gas supply and water quality as the storms move through.

Officials encouraged residents to assemble emergency kits and check road conditions at DriveTexas.org before attempting to travel.

The Source: Information in this article is from the Governor Greg Abbott Press Office.

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