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Judge rules in favor of Texas woman after SWAT destroyed her house while pursuing a fugitive

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Judge rules in favor of Texas woman after SWAT destroyed her house while pursuing a fugitive

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Five years after police destroyed cancer survivor Vicki Baker’s house while pursuing a fugitive, a federal judge has ruled that the Texas city she used to call home must pay her for the damage.

“I’ve continued fighting this long, because if this can happen to me, it can happen to anyone,” Baker told Fox News Digital in an emailed statement. “This case has always been about more than the money for me. I want to see real change.”

Baker’s ordeal started in July 2020, when she moved to Montana and was in the process of selling her home in McKinney, Texas.

A SWAT team caused an estimated $50,000 in damage to Vicki Baker’s McKinney, Texas, home in July 2020. (Courtesy Institute for Justice)

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Wesley Little kidnapped a 15-year-old girl, fled from police and took refuge in Baker’s home. Police surrounded the house and Little eventually released the teen but refused to surrender, according to court documents.

A SWAT team tried to draw him out by launching a barrage of tear gas canisters at the house, shattering windows and punching holes in walls.

When police finally entered the house, they discovered that Little had killed himself.

Baker’s daughter’s Chihuahua was inside during the onslaught and was left blind, deaf and sick from the tear gas and explosions. The dog eventually had to be put down, Baker said. A hazmat crew disposed of almost everything inside the house because it was saturated with a toxic film from the teargas, according to court documents.

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Damage to the home totaled at least $50,000, according to Baker and her attorneys at the nonprofit civil liberties law firm Institute for Justice.

But her insurance company refused to cover the bulk of the damage because her policy — like most — excludes damage caused by the government.

A SWAT team bulldozed Baker’s fence, broke windows, blasted holes in the walls and filled her home with tear gas in an effort to drive out a kidnapping suspect who was hiding inside. (Courtesy Institute for Justice)

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Baker tried to file a property damage claim with the city of McKinney, but officials refused to pay, citing qualified immunity, a doctrine often used to shield police and other government agencies from being sued for violating people’s rights or destroying property during the course of their work.

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The Institute for Justice sued under the Fifth Amendment and the Texas Constitution, arguing that police may have been authorized to seize Baker’s home in the interest of pursuing a dangerous fugitive, but that they should have to pay her just like they would if the government seized a home to build a road or other infrastructure.

A prolonged legal saga followed, with one federal judge ruling in 2022 that Baker should be compensated and a jury awarding her nearly $60,000 in damages. The following year, the 5th Circuit Court of Appeals reversed her Fifth Amendment win.

The U.S. Supreme Court declined to hear the case last year, but Justices Sonia Sotomayor and Neil Gorsuch acknowledged the high court has yet to address whether the government can require individuals to bear the cost of police actions.

Last week, a U.S. district court judge ruled again that Baker is entitled to $59,656.59 plus interest under the Texas Constitution.

“This ruling makes it clear that the Texas Constitution’s promise of just compensation applies when police destroy innocent people’s property, and that this entire lawsuit could have been avoided if the city simply did the right thing in the first place,” IJ attorney Jeffrey Redfern, who represented Baker, said in an emailed statement to Fox News Digital.

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The City of McKinney is “evaluating its options for appealing this ruling,” a spokesperson confirmed to Fox News Digital.

Vicki Baker told Fox News Digital she’s continued fighting her former city for the past five years because she hopes it will set a precedent and help people across the country. (Courtesy Institute for Justice)

The city previously offered to pay the full amount of the damage to settle the case, but Baker’s team says they refused to settle unless the city also changed its policies to protect all homeowners from similar actions in the future.

Redfern said he still hopes the Supreme Court will hear a case similar to Baker’s in the future so “we can ensure that the United States Constitution also protects innocent property owners in cases like this.”

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“I want to make sure that cities around the country are doing the right thing and paying just compensation to people in similar situations,” Baker said.

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Los Angeles, Ca

Woman ambushed, violently attacked by robber in downtown Long Beach

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Woman ambushed, violently attacked by robber in downtown Long Beach

A woman was hospitalized with serious injuries after she was violently attacked by a robber in downtown Long Beach. On June 18, Jennifer Silva, 34, was attending a World Cup watch party at a Hooters restaurant at 90 Aquarium Way. After the game ended, she left the restaurant just before 11 p.m. As she walked […]

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Los Angeles, Ca

Jury says it is deadlocked in trial of man accused in Palisades Fire

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Jury says it is deadlocked in trial of man accused in Palisades Fire

Jurors deliberating the fate of the man accused of starting the Palisades Fire, one of the most destructive wildfires in California’s history, failed to reach a verdict Thursday afternoon, telling the judge they were deadlocked.

A spokesperson from the United States Attorney’s Office told KTLA that jurors will continue to deliberate until they reach a verdict or give up.

Jonathan Rinderknecht, 30, a former Uber driver and one-time Pacific Palisades resident, is accused of starting the Lachman Fire on New Year’s Eve. The fire continued to smolder underground for about a week, even after Los Angeles firefighters believed it had been extinguished.

Flames reignited on Jan. 7, erupting into the deadly Palisades Fire that killed 12 people and destroyed thousands of homes in the upscale community, authorities said.

  • A courtroom sketch of Jonathan Rinderknecht, 29, during his initial court appearance on Oct. 23, 2025.
  • Palisades Fire Suspect

Prosecutors argued that Rinderknecht deliberately set the fire, claiming he had grown increasingly resentful of wealthy residents and viewed Pacific Palisades as a symbol of that frustration.

“Their case, though circumstantial, is strong,” KTLA legal analyst Alison Triessl said. “The defense is relying on, can they (prosecutors) show beyond a reasonable doubt that Mr. Rinderknecht actually started this fire and it wasn’t the result of fireworks or some intervening cause.”

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The defense argued there is no direct physical evidence tying Rinderknecht to the fire and said the prosecution’s case relies entirely on circumstantial evidence. Rinderknecht did not testify during the trial.

Defense attorney Steve Haney spoke outside the courthouse Wednesday about why he believes it will be difficult for prosecutors to prove how the fire started.

“The lack of scene preservation. The fact that they got there after a lot of the evidence was missing. Not a lot of direct evidence. This is a circumstantial case, which is always difficult as a prosecutor to prove,” Haney said.

Rinderknecht, who was arrested and indicted last October, faces up to 45 years in prison if found guilty of three arson counts, including destruction of property by means of fire, arson affecting property used in interstate commerce and timber set afire.

Tony Kurzweil contributed to this report

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Los Angeles, Ca

Boyle Heights warehouse cleanup begins as crews face 85 million pounds of spoiled food

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Boyle Heights warehouse cleanup begins as crews face 85 million pounds of spoiled food

Cleanup efforts are underway Thursday at the Boyle Heights cold-storage warehouse that burned for eight days after firefighters officially declared the massive blaze knocked down Wednesday evening. Los Angeles Fire Department crews remain at the Lineage warehouse near Union Pacific Avenue and South La Puente Street as they transition into the overhaul phase, searching for […]

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