Southeast
‘Riley Gaines Act’ signed: WV governor inspired by 14-year-old shot-putter who refused to compete against male
FIRST ON FOX: West Virginia Gov. Patrick Morrisey hosted former University of Kentucky swimmer Riley Gaines in Charleston on Wednesday to sign into law the Riley Gaines Act — codifying the definitions of “man” and “woman” into state law.
The bill, sponsored by Senate President Randy Smith, R-Blackwater Falls, and Minority Leader Mike Woelfel, D-Huntington, passed overwhelmingly in the 31-3 GOP-majority upper chamber.
A sole Democrat, Sen. Joey Garcia of Fairmont, voted “nay,” and the House approved the Senate’s bill 90-8 along party lines.
According to text of the measure, it “reaffirms longstanding meaning[s]” of sex, male and female in state law, preserves women’s restrooms, sleeping quarters, locker rooms and other private facilities for the sole use of women – to prevent “abuse, harassment, sexual assault and violence committed by men.”
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Gov. Patrick Morrisey, Riley Gaines, IWF’s Heather Higgins (r.), and Sen. Patricia Rucker, R-Charles Town, (l.) are seen at a bill-signing event. (Screenshot/Gov. Patrick Morrisey)
Morrisey said Wednesday he was inspired by the story of 14-year-old shot-put athlete Emmy Salerno from Shinnston, outside Clarksburg.
Salerno and her teammates refused to participate in the 2023 Harrison County middle school championship event as a protest against being primed to compete against a transgender student athlete.
Morrisey, then attorney general, threw his support behind a lawsuit over the situation.
“This is an incredible day for West Virginia,” Morrisey said Wednesday, noting that Gaines, along with Independent Women’s Forum president Heather Higgins, stood beside him.
He went on to credit House Speaker Roger Hanshaw, R-Clay; state Sen. Patricia Rucker, R-Charles Town; and Del. Kathie Hess Crouse, R-Buffalo, as crucial in getting the law passed: “I worked on this issue for a very long time, and even right now we have multiple cases up at the U.S. Supreme Court,” Morrisey said, adding that in the end, the true heroes of the movement are the athletes themselves, like Gaines and Salerno.
Hess Crouse told Fox News Digital that she was happy to see the bill succeed.
“I have stood firmly in support of this bill alongside Riley Gaines,” she said. “There are undeniable biological differences between men and women, and allowing men and boys to compete in women’s sports or enter female-only spaces is not only unfair but also a serious safety concern.”
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Riley Gaines speaks after Gov. Patrick Morrisey signs WV’s Riley Gaines Act. (Screenshot/Gov. Morrisey)
“Protecting the integrity of women’s sports and single-sex spaces is essential, and this law is a victory for women’s rights, fairness, and safety,” Hess Crouse added.
Rucker told the Wheeling Intelligencer the bill is “not a question of hating [transgender people] or calling them names or wanting them abused.”
“I know several [transgender people] and I respect them and I believe they should be safe to live their lives and choose what they want to do — but it does not override the right of women who do not want to share space with… a biological male.”
Meanwhile, Garcia — the lone Senate Democrat in opposition — said transgenderism is not “a decision people make but who they are,” and questioned the bill’s necessity.
Additionally, West Virginia Democratic Party Chair Mike Pushkin denounced Wednesday’s ceremony as a “photo op” for Republicans.
“I hope Riley Gaines enjoyed her quick stop in West Virginia to celebrate Gov. Morrisey’s bill to make bathrooms great again,” quipped Pushkin, who is also a delegate representing Charleston.
“While Republicans lined up for selfies and high-fives over legislation about who uses which restroom, West Virginians were still waiting on lawmakers to tackle real issues — like jobs, healthcare, and roads we can drive on without risking damage to our cars,” Pushkin said.
“Maybe next time Ms. Gaines visits, she’ll remind Republicans that working families need fewer political stunts and more actual solutions.”
At the ceremony, Morrisey noted that President Donald Trump also led on the issue with his executive order similar to West Virginia’s legislation and his recent White House spat with Maine Democratic Gov. Janet Mills.
“This is an issue that has nearly universal support,” he said. “Yes, the woke left, they always dig in their heels, and they try to force the rest of the country to adhere to the radical gender ideology. Well, that’s not going to happen here. That’s not going to happen in West Virginia.”
Gaines remarked that when she took to Morrisey’s podium, it seemed a “little bit silly” that she got a standing ovation for “merely saying men and women are different.”
Gaines rose to the fore on the issue after competing against University of Pennsylvania swimmer Lia Thomas, a transgender athlete, at the 2022 NCAA Women’s Swimming Championships. She offered a “shout out” to Salerno for her courage to stand up against a similar situation, and said it is refreshing that Morrisey and others are leading on this issue.
On the flip side, she said, some governors have dug in their heels with “woke” changes to biological definitions and scholastic sports regulations.
She pointed to Wisconsin Gov. Tony Evers, a Democrat, who caused a firestorm when his statewide budget proposal changed the term “mother” to “inseminated person” and “husband” to “spouse.”
Evers drew heat from Republicans across the country, as well as Mississippi-born Wisconsin icon Brett Favre, who called Evers’ move “nonsense.”
Evers later defended the move as a way to give “people a chance that are using IVF, which I think Republicans are kind of OK with — [and] have legal certainty about a mom being able to have a year of care.”
At the Charleston event, Gaines added: “We’ve been called a lot: ‘cervix-havers’, ‘uterus owners’, ‘menstruaters’, ‘chest-feeders’, ‘birthing persons’ — but ‘inseminated persons’ really takes the cake for me.”
In response, Morrisey turned to the assembled lawmakers and quipped, “You’re not going to send me a bill with ‘inseminated person’ written in it, not in West Virginia.”
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Southeast
Alleged criminal history of missing mom found after 24 years catches up with her
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A North Carolina woman whose disappearance in 2001 triggered a 24-year search is now facing criminal charges from the year she vanished.
Michele Hundley Smith, now 63, was located Feb. 20 at an undisclosed location within North Carolina after detectives received new information about her case, the Rockingham County Sheriff’s Office said.
Smith was 38 when her husband reported that she left their Eden home Dec. 9, 2001, to go Christmas shopping in Martinsville, Virginia, and never returned. Her vehicle was never found.
An extensive investigation followed, and, despite years of investigative work, her whereabouts remained unknown until last week.
The 63-year-old woman posted $2,000 bond on a failure to appear charge related to a DWI from the month before she vanished for 24 years. (Robeson County Sheriff’s Office)
Authorities said Smith told investigators she left on her own accord and referenced “domestic issues.”
Sheriff Sam Page told Fox News Digital the sheriff’s office had no prior record of domestic incidents at the home. No criminal charges are expected in her disappearance. However, following her identification, investigators discovered an outstanding order for arrest dating back to 2001.
A missing persons flyer circulated at the time of Michele Hundely Smith’s disappearance in December 2001. (Bring Michele Hundely Smith Home/Facebook)
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In a statement, the Rockingham County Sheriff’s Office said that, after consultation with the District Attorney’s Office and further investigation, authorities identified an outstanding order for arrest for Smith for failure to appear.
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The order stemmed from a DWI charge issued by the Eden Police Department Nov. 11, 2001. Smith failed to appear in court Dec. 27, 2001, for that charge, the statement said.
On Feb. 25, 2026, Smith was taken into custody by the Robeson County Sheriff’s Office at the request of Rockingham County authorities. She later posted a $2,000 bond and is scheduled to appear in Rockingham County District Court March 26, 2026.
A missing mom found alive after 23 years reveals she left due to domestic issues. (Bring Michele Hundely Smith Home/Facebook)
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On Thursday, the New York Post reported it had located Smith in a trailer in a rural community near the South Carolina state line. Smith told the outlet she is trying to make amends with her daughter and the family she walked out on decades ago.
“My daughter is forgiving me. We are in contact, so leave me alone,” she told the outlet.
Smith’s neighbors said she had “been here for years and years” and mostly keeps to herself.
“We asked why she didn’t come out of the house much, and she said her husband passed. He passed last year. … She was really sad about it. She said she was depressed and stayed inside,” the neighbor said.
Michele Hundely Smith disappeared after leaving her home in North Carolina to go Christmas shopping in Virginia in December 2001. (Bring Michele Hundely Smith Home/Facebook)
In a 2018 interview on “The Vanished Podcast,” her daughter, Amanda Hundley, said her mother’s marriage was unraveling under the weight of alcohol abuse, infidelity and escalating marital arguments.
Smith had recently lost her job at a veterinary practice after being fired for drinking on the job, Hundley said.
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“My dad didn’t like the fact that my mom hid her drinking. I knew about it, and I was the only one. And I felt, you know, I was young, and I felt obligated not to say anything to betray my mom,” Hundley said on the podcast.
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According to Hundley, her father suspected the drinking but did not fully understand the extent of it until after Smith vanished.
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“He said, ‘Do you know where she kept the bottles at?’ And I showed them we had a little red building outside, and it was full of rum bottles, the empties, the ones that she had already drunk,” recalled Hundley, who was 14 at the time.
The couple’s relationship had also deteriorated. Hundley said both her parents had affairs during the marriage. She described frequent arguments that “got physical a few times.”
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Southeast
Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’
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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.
The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”
“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.
Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.
The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)
“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”
Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.
They come in 12-ounce cans, similar in appearance to a soda can.
The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)
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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”
“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”
Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”
Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)
“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.
It is unclear if any parents or students were disciplined in relation to the mix-up.
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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.
The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.
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Southeast
Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges
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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.
Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.”
The Supreme Court later ruled that the administration had to work to bring him back to the U.S.
After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.
He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.
Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)
A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE).
Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly.
The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.
Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.
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A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )
First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.
“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”
McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”
“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.
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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)
During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”
He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.
When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”
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Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)
McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.
“I knew from the get-go that this was going to be a controversial matter,” McGuire said.
U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.
Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”
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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.
Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.
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