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California man arrested for brutal murder after being granted mental health diversion, having charges dropped

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California man arrested for brutal murder after being granted mental health diversion, having charges dropped

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A California man was arrested for allegedly committing a brutal murder just three days after he was granted immunity from prosecution for separate misdemeanor charges under California’s mental health diversion laws, prompting serious concerns about a system intended to protect public safety.

On July 11, Napa County prosecutors filed murder charges against Ramiro Ochoa Mendoza, 36, for the killing of Noel Batres, 47, whose body was found under a bridge on July 3. Mendoza allegedly killed Batres on June 27.

Mendoza, who had a history of criminal offenses and poor compliance on probation, was deemed mentally incompetent to stand trial earlier this year on misdemeanor charges including violating a restraining order and resisting arrest.

Despite numerous attempts by defense counsel to dismiss the cases outright, the Court, following legislative guidelines, ordered Mendoza into a mental health diversion program with supervised release for the two remaining misdemeanors.

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ILLEGAL IMMIGRANT KILLER OF LAKEN RILEY WINS UNEXPECTED COURT VICTORY FOR MENTAL EVALUATION

A Napa man was charged with murder just days after he was released, and misdemeanor charges were dismissed due to California’s mental health laws. (Napa Police Department)

Mendoza, however, failed to appear for his scheduled mental health diversion review and was deemed non-compliant with the terms of the program. 

“Mendoza promptly failed to appear in court for his mental health diversion review and was found to be out of compliance with the diversion program,” the Napa County District Attorney’s Office said. 

Even with repeated violations and non-compliance, the court was legally required to dismiss charges due to Mendoza’s mental health status and the misdemeanor-only nature of his offenses.

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CALIFORNIA MAN ACCUSED IN RECENT MURDER WAS LET OUT OF JAIL ON ‘MENTAL HEALTH DIVERSION’ SIX MONTHS AGO

“Because the law prohibits prosecution from continuing in cases where a defendant is deemed incompetent on only misdemeanor charges, the court had no choice but to dismiss both remaining cases and did so on July 8, 2025,” the DA’s office said. 

The dismissal followed recent legislative reforms, specifically Senate Bill 317, that bar courts from restoring competency in misdemeanor-only cases, even if the defendant shows signs of escalating behavior.

Mendoza was re-arrested on July 11 and now faces murder charges with enhancements related to his prior offenses and the alleged brutality of Batres’ killing. The case is already fueling debate over the limits of mental health protections and their implications for public safety.

PROSECUTORS PLAN TO DROP CHARGES AGAINST SEX OFFENDER IN ELEMENTARY SCHOOL ALLEGED KIDNAPPING ATTEMPT

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A Napa man was charged with murder days after being granted mental health immunity. (Credit: iStock)

“This case highlights the real-world impact of the recent legal reforms, where courts are required to prioritize mental health treatment over traditional prosecution, even when defendants exhibit an unwillingness or inability to comply with court-ordered programs,” Napa County Deputy District Attorney Katie Susemihl said in a statement. 

California Senate Minority Leader Brian Jones criticized California’s “mental health diversion” law, arguing it allowed a violent repeat offender to be released without proper oversight, leading to the murder of an innocent man.

“This is yet another devastating example of California’s soft-on-crime policies creating more victims instead of preventing crime. Under the so-called ‘mental health diversion’ law, a violent repeat offender was released and just days later, he brutally murdered an innocent man,” Jones shared in a statement with Fox News Digital.

“The system failed at every turn. This law prioritizes the rights of offenders over public safety, even when individuals show no willingness to comply with court-ordered treatment. If someone is truly mentally unwell, they should receive help within the justice system — not be dumped back onto our streets without accountability or oversight,” he continued. 

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Jones called the current system broken and urged legal reform to prevent further tragedies and better protect the public.

“Californians deserve better than laws that protect dangerous individuals while endangering the public. It’s time to fix this broken system before more innocent lives are lost,” Jones said. 

 A GoFundMe campaign was launched to assist with returning Batres’ remains to his home country of Guatemala. According to the page, Batres was a resident of Napa for 26 years.

“Noel was not perfect by any means. However, he was a wonderful, caring, gentle soul,” the page read. “We ask that you please help us send Noel back home to be seen by his immediate family one last time before they lay him to rest.” 

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Mendoza was being held without bail at the Napa County Department of Corrections.

Fox News Digital reached out to Governor Gavin Newsom’s office for comment, but did not immediately receive a response. 

Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to stepheny.price@fox.com

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Alaska

Winter driving: Alaska troopers on how to stay safe on the road

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Winter driving: Alaska troopers on how to stay safe on the road


FAIRBANKS, Alaska (KTUU/KTVF) – As winter weather comes to Alaska, road conditions have become hazardous in some locations, and the Alaska State Troopers (AST) have advice on staying safe while driving in icy or snowy conditions, as well as traveling in cold weather.

According to AST Sgt. Brian Haley, troopers spend a good deal of time dealing with vehicle collisions during the winter, mostly fender benders at intersections. But, he said, “It could be the single vehicle that goes into the ditch on the Richardson Highway. It could be the multi-car collision that takes place on the Mitchell Expressway at University.”

Winter hazards affect “the way that people are driving and it affects the way that our vehicles are going to react on the road. So, the first thing is, is we all need to be mindful that our vehicles are going to act a little bit differently out there,” he said.

The trooper advises drivers to increase their stopping distance as they approach stop signs, traffic signals and other vehicles.

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“Really give yourself that extra space, and slow down way before you even think that you’re going to need it,” Haley said, emphasizing that vehicles take longer to stop in winter conditions.

When negotiating a curve, either on highways or in neighborhoods, he said drivers will also want to slow down and “anticipate ‘What am I going to do if and when my car starts to slide?’” so as to be safe around other vehicles and pedestrians.

Increased darkness represents another hazard during the winter months, and Haley recommends that drivers keep their headlights on at all times, and that pedestrians wear visible colors when walking outside.

“Make sure that when you’re taking your kids to school in the morning that you’re carrying flashlights and have reflective items on you to make yourself more visible to that general motoring public,” he explained, adding that wildlife also present a danger in the dark.

“As we get more and more snowpack, those animals, specifically moose, they’re going to start meandering onto the roads because it’s easier for them to walk. And that big dark creature with a big black background at night, those aren’t a good combination,” he said.

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Haley urged those driving, regardless of the distance they are traveling, to pack winter gear and ways to keep warm in case their car breaks down.

“That inside of that cab is going to get extremely cold, extremely fast. If you’re just there and your T-shirt and your gym shorts, it’s going to be really bad for you, and it could actually be life-threatening,” he added.

See a spelling or grammar error? Report it to web@ktuu.com



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Arizona

Shutdown may be ending, but here’s why deal doesn’t suit Mark Kelly, Ruben Gallego

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Shutdown may be ending, but here’s why deal doesn’t suit Mark Kelly, Ruben Gallego


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  • A bipartisan group of U.S. senators is working on a deal to end the 40-day federal government shutdown.
  • The emerging agreement would fund the government through January but does not extend Affordable Care Act subsidies.
  • Senators Mark Kelly and Ruben Gallego of Arizona oppose the deal, citing the lack of health insurance subsidy extensions.

A faction of Senate Democrats joined with Republicans in preliminary steps to end the record-long federal government shutdown, although Arizona’s senators oppose the emerging deal.

On its 40th day, enough Democrats appeared ready to begin the multi-step legislative process needed to end the shutdown that began Oct. 1.

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“It looks like we’re getting very close to the shutdown ending,” President Donald Trump told reporters in Washington.

Democratic Sens. Mark Kelly and Ruben Gallego each issued statements Nov. 9 against the short-term spending agreement.

“In the richest country in the world, families shouldn’t have to choose between putting food on the table and their health care,” Kelly said. “But that’s exactly what Donald Trump has done to Americans with this shutdown.”  

Gallego signaled that he would not be moved by anything less than a deal to preserve the insurance subsidies that expire at the end of the year.

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“I have been clear on this from the beginning: I will not turn my back on the 24 million Americans who will see their premiums more than double if we don’t extend these tax credits,” he said.

“At a time when prices are already too high, Americans are shopping for health insurance and experiencing such sticker shock that they are being forced to sign up for a crappy, overpriced plan or not signing up for insurance at all.”

The agreement, which could take several more days to finalize, appears to have enough Democratic support to allow it to move to a vote and would fund the government through January, along with several pieces of the annual budget bill that are supposed to be in place before the start of the federal fiscal year on Oct. 1.

It does not include any extension of the pandemic-era health insurance subsidies for those who buy coverage through the Affordable Care Act, which was the main Democratic demand. Sen. Angus King, I-Maine, who has been one of the three non-Republicans to consistently vote to end a shutdown, said Republicans had indicated they would allow a vote on the insurance issue.

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“I think people were saying ‘We’re not going to get what we want,’ although we still have a chance,” he said, according to the New York Times.

The deal also includes a provision to bring back government workers fired by the Trump administration during the shutdown, said Sen. Tim Kaine, D-Virginia, who told reporters that was instrumental in moving him to support it.

Senate Minority Leader Chuck Schumer, D-New York, remained against the deal, reflecting the deep division within his party.

“On Friday, we offered Republicans a compromise: a proposal that would extend the ACA tax credits for a year and open up the government at the same time,” he said.

“They once again said no, and when they said no on our compromise they showed they are against any health care reform. Instead, they passed the biggest health care cuts in our nation’s history — just to give tax breaks to billionaires.”

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When will Adelita Grijalva get sworn in?

The process of approving the plan will require several Senate votes and will necessitate calling the House of Representatives back into session.

That could bring with it the belated swearing-in of Rep.-elect Adelita Grijalva, D-Arizona, who has been kept officially out of office since she easily won the special election to fill the seat vacated by the March death of her father, Rep. Raúl Grijalva, D-Ariz.

Grijalva’s arrival in the House is expected to provide the last needed signatory to force the House to vote on publicly releasing the investigative files for Jeffrey Epstein.

The disgraced financier killed himself amid allegations of sex trafficking underage girls to VIPs. Trump is widely believed to be mentioned in the files involving his former friend.

Food benefit cuts and flight cancellations

For weeks, the shutdown had enough exceptions that many Americans could perhaps overlook the stalemate, but it has become more impactful for millions with impending limits on the government’s food benefits program and the growing cancellations of hundreds of domestic flights each day.

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Kelly maintained there “should’ve never been a shutdown in the first place, and I worked to find a solution with Republicans and this administration.”

He accused Trump of not caring “about rising costs, skyrocketing health care premiums, or working families struggling to put food on the table. He has spent more time working on his ballroom than working to open the government. He sued to block food assistance for hungry families.”

Gallego said it was “disgusting that Republicans have put the country in the place, where they are pitting working people against each other.”

“There’s a phrase in Spanish, ‘Con salud, lo hay todo; sin salud, no hay nada.’ It means ‘With good health you have it all; without your health, you have nothing.’”



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Colorado

2 Colorado Tribes fire back at state, governor after court ruling walls off online sports betting

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2 Colorado Tribes fire back at state, governor after court ruling walls off online sports betting


The leaders of two Native American reservations in southern Colorado recently called the state’s ban on their ability to partake in online sports betting an extension of the “troubling legacy” of broken agreements between governments and the Tribes. 

A recent ruling by a federal court judge on the issue, along with a petroleum spill that has aggravated the relationship between the state and the Tribes, has apparently reopened old wounds. Healing them may happen in the coming weeks if the two sides can talk.

A money matter

Colorado voters narrowly approved legalized sports gambling here in November 2019. The amount of betting and the amount of tax paid to the state from it has grown substantially since then. In September alone, bettors from across the nation spent more than $99 million online with casinos in Central City, Black Hawk and Cripple Creek.  

Reservation-based casinos are important to Native American economies. In 2023, tribally owned gaming operations nationally generated about $42 billion in revenue. Understandably, those reservations seek to maximize that cash flow. 

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In Colorado, both the Southern Ute and Ute Mountain Ute Indian Tribes started sports betting platforms through their own casinos six months after voters gave online gambling the green light. The Southern Ute Tribe launched the Sky Ute SportsBook through its Sky Ute Casino in Ignacio. The Ute Mountain Ute Tribe started its own platform at its Ute Mountain Casino in Towaoc. 

According to court documents, the vendor for the Sky Ute Sportsbook received a letter from the Colorado Division of Gaming (CODOG) two weeks after it started. 

“[W]e believe that your company is participating in sports betting in Colorado on behalf of the Southern Ute Indian Tribe without complying with Colorado gaming law,” the letter stated. 

Later, the vendor working for the Ute Mountain Utes’ operation received the same letter.  

The gaming division advised the Tribes to apply for the state betting license, the same license that all other Colorado casinos are required to obtain. With that license would come a promise to pay 10% of net sports betting revenue to the state. The casinos declined, shut down their sports books and sued instead.

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“The Tribes claim that Colorado’s actions made their sports betting operations challenging and more expensive,” Judge Gordon Gallagher summarized in last month’s ruling, “effectively freezing them out of the sports betting market.”

Last month, Gallagher dismissed the case.  

“Colorado explicitly authorized sports betting, a Class III game, throughout the state,” the Tribes complained in a joint press release following the judge’s decision. “But the State immediately stymied the ability of the Tribes to engage in that activity despite clear authorization under the Gaming Compacts, and instead, elected to benefit out-of-state gaming interests over its relationship with the Tribes. When the Tribes sought to challenge that conduct, the Administration chose to hide behind its immunity. These actions by the Polis Administration in refusing to honor the Gaming Compacts entered into with Colorado’s two federally-recognized Tribes represents one of the lowest points in State-Tribal relations in recent history.”

History

The first gambling approved on a Native American reservation came in 1979 when the Florida Seminoles opened a high-stakes bingo hall. Its legality was challenged, but the U.S. Supreme Court eventually ruled it was a legal operation.

In 1988, the Indian Gaming Regulatory Act (IGRA) was enacted, giving way to the growth of casinos on reservation land. 

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Much has changed since then. First, online sports gambling became legal in most states in 2018, thanks to a U.S. Supreme Court decision. 

That same year, the Supreme Court struck down a 1992 federal law that banned commercial sports betting in most states. This spurred most states to authorize sports wagering, as Colorado did one year later. This gave those states regulatory authority over such gambling outside reservation boundaries. 

Of course, one of the most significant changes to occur was in technology.

“[B]ecause of the ability to place an online bet from a cellular phone or other electronic device, bettors can engage in gambling from
almost anywhere,” Judge Gallagher stated in his ruling. “If the gambler and roulette wheel were on Indian land, IGRA applied. However, in 2025, a gambler can be in Denver and the electronic game processed through a computer server on Southern Ute Indian Tribe land or Ute Mountain Ute Tribe land. Where then does the gaming occur?”

“This is a legal determination for the Court to make,” he stated.

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In the end, Gallagher determined that any bet placed off-reservation is regulated by the state. 

“That distinction is crucial in this action and fatal to the Tribes’ case,” Gallagher wrote. “A myriad of gambling houses offer legal sports betting in the State of Colorado. To engage in this service, they must remit 10% to the State. The State of Colorado has offered this possibility to the Tribes.” 

Anger Spills Over

“The Tribe respects Judge Gallagher and appreciates the time he has given this issue,” the Tribes stated in their recent press release. “We believe a different result is mandated by federal law and will be evaluating how to move forward in the coming weeks.” 

But after that expression of hope, the Tribes’ sentiments took a very different tone. The press release referred to the “bitter irony” of the situation – a legal setback over gambling funds, most of which are directed at the state’s effort to protect its water resources, while the Southern Ute Tribe deals with a nearly year-old gasoline spill that threatens the Animas River. Groundwater contamination has forced several residents from their properties. 

In the months since CBS Colorado first reported the spill, the company whose pipeline is responsible for it has upgraded the extent of it, from 23,000 gallons to nearly 97,000. The spill is now the largest spill of its kind in Colorado since the state began tracking such incidents in 2016. 

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“We are confident that had this spill been in Denver instead of a remote, rural part of the state, the response would have been more robust,” the two Tribes stated in the press release. “The Southern Ute Indian Tribe has expended its own resources to ensure the local waterways and resources are protected in our region. It has done so without a single dollar of the millions of dollars in revenue the State has collected from sports betting, and without the benefit of additional revenue from tribally-run sports betting that could have been relied upon had the Gaming Compact been honored.”

The Tribes claimed Colorado Gov. Jared Polis failed to participate in a recent conference call with state and Indigenous leaders about the spill.

“Yesterday’s cancelled call between Governor Polis and (Southern Ute) Chairman (Melvin J.) Baker reflects an alarming lack of urgency on the Governor’s part to work cooperatively with the Tribe on this spill – it brings to mind the troubling legacy of how states have historically disregarded Tribal relations, an approach that is wholly unacceptable in today’s society,” they said. “The history of relations between Tribes and the state and federal governments is one of broken Treaties and agreements. The Polis Administration’s conduct is a reminder that those things we think are an artifact of a distant past still exist today.”

A spokesperson from Gov. Polis’s office responded with a statement: 

“We deeply respect the government-to-government relationship the state has with the Ute Mountain Ute and Southern Ute Indian Tribes. We are glad that the court ruled in the state’s favor to ensure Colorado can continue to manage sports betting in a way that works best for Coloradans and our state, and continue funding important water projects around the state. We are dedicated to working together with the Tribes on gaming matters, and we look forward to ongoing conversations with the Ute Mountain Ute and Southern Ute Indian Tribes on this important issue.”  

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Elsewhere

The issue is not Colorado’s alone. Today, Indian gaming, as it is called, is played in 29 states. There are 532 gaming operations, which include casinos, bingo halls, travel plazas and convenience stores. These are owned by 243 Tribes. In total, they grossed almost $44 billion in fiscal year 2024. 

However, according to Tribal Government Gaming, three of the 10 states containing the largest number of Tribes still do not have legal sports betting seven years after SCOTUS gave states the right to allow it. A ballot initiative is in the planning stages for 2028 in California. 

Congress could enact a national standard for online sports betting through tribal casinos, but has not taken up the issue. 

Adjacent to Colorado (from Tribal Government Gaming): 

  • All of Arizona’s Tribes can offer in-person wagering and digital betting on the reservation. But off reservation, the 10 Tribes licensed to offer online sports betting are regulated by the state and pay the same 10% tax rate as commercial operators.  
  • Nebraska voters agreed to legalize sports betting on the November 2020 ballot, and three years later, the first bets were taken. The Winnebago Tribe is a key player on the Nebraska gaming scene, but in this case, the Tribe is regulated and taxed by the state.
  • Oklahoma Tribes are hoping to pursue legalizing sports betting when the current governor’s term limits are reached in 2027. 
  • New Mexico’s Tribes have their own regulatory body and are not beholden to the state. They also do not pay taxes.  



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