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NSP tips-off State Basketball Tournament enforcement

MARCH 6, 2019 (LINCOLN, NEB.) — As the NSAA Boys State Basketball tournament tips-off, troopers with the Nebraska State Patrol (NSP) will be working to keep the madness of March off Nebraska roads.

Throughout the NSAA Boys State Basketball tournament, troopers will perform extra enforcement to help keep Nebraska roadways safe for all drivers. The enforcement will run from March 6 through March 9, thanks in part to a grant for $10,380 from the Nebraska Department of Transportation – Highway Safety Office.

“Nebraska’s state basketball tournaments are filled with incredible moments for athletes and fans from across our state,” said Colonel John Bolduc, Superintendent of the Nebraska State Patrol. “The memories created this week should be those made on the court, rather than on the road.”

Travelers may encounter another round of winter weather while they make their way to Lincoln this week. The National Weather Service is projecting several inches of snow for the northern portions of Nebraska, with smaller amounts possible further south.

“We urge teams and fans to be prepared for winter driving conditions this week,” said Colonel Bolduc. “Keep up to date with the latest forecasts and check Nebraska 511 before you start the journey to and from Lincoln.”

Motorists are reminded to obey the posted speed limit, always wear seat belts, allow extra time to reach your destination safely, and never drive impaired or distracted.

FDA warns of asbestos in Claire’s makeup; company disputes

NEW YORK (AP) — U.S. regulators on Tuesday warned people not to use certain Claire’s makeup products after samples tested positive for asbestos, but the retailer disputed the findings.

The Food and Drug Administration said it issued the warning because it said Claire’s refused to comply with its request for a recall, and that the agency doesn’t have the power to force one.

In a statement, Claire’s noted that it removed the three products identified by the FDA from its stores “out of an abundance of caution,” and that it’s also removing any remaining talc-based cosmetics. But the company said the FDA’s test results mischaracterize fibers as asbestos. It said it tried to discuss the matter with the FDA, but the agency moved ahead with its warning.

The FDA conducted the tests after learning of reports of asbestos in products sold by retailers Claire’s and Justice in 2017. A Justice representative noted that it quickly recalled products in 2017. Justice said one set of its tests showed no evidence of asbestos, while a second round of testing showed trace amounts. Claire’s removed products from stores but didn’t issue a recall. The FDA said Tuesday its tests, conducted by the Occupational Safety and Health Administration and AMA Analytical Services, confirmed asbestos in three Claire’s products and one Justice product.

The FDA said the three products people shouldn’t use are Claire’s Eye Shadows, batch/lot No: 08/17; Claire’s Compact Powder, batch/lot No.: 07/15; and Claire’s Contour Palette, batch/lot No.: 04/17.

The agency said it was not aware of anyone being sickened by the makeup. Asbestos fibers can get stuck in the lungs and it can cause cancer, but the greatest risk is to people with frequent, long term exposure to it.

Cosmetics do not have to be reviewed or appoved by the FDA. On Tuesday, the agency said it plans to collect information on how companies ensure the talc they use is free from asbestos.

The FDA also asked companies to register their products and ingredient lists on its website, but noted that doing so is not required.

Aftermath: Alabama’s tornado dead range in age from 6 to 89

By KIM CHANDLER and JAY REEVES Associated Press

BEAUREGARD, Ala. (AP) — The youngest victim was 6, the oldest 89. Relatives said one extended family lost 10 members.

The 23 people killed in the nation’s deadliest tornado in nearly six years came into focus Tuesday with the release of their names by the coroner.

They included 6-year-old Armando Hernandez Jr., known as “AJ,” torn from his father’s arms two days after singing in his first-grade class musical; 10-year-old Taylor Thornton, who loved horses and was visiting a friend’s home when the twister struck; and Jimmy Lee Jones, 89, who perished along with his wife of six decades, Mary Louise, and one of their sons.

“Just keep those families in your prayers,” Lee County Coroner Bill Harris said, two days after the disaster.

The search for victims, pets and belongings in and around the devastated rural community of Beauregard continued amid the din of beeping heavy machinery and whining chain saws. But Sheriff Jay Jones said the list of the missing had shrunk from dozens to just seven or eight.

“We’ve got piles of rubble that we are searching just to make sure,” said Opelika Fire Chief Byron Prather Jr. “We don’t think we’ll find nobody there, but we don’t want to leave any stone unturned.”

Four children were killed, ages 6, 8, 9 and 10.

The youngest, AJ, had taken shelter in a closet with his father and older brother when the tornado hit, said Jack Crisp, the boy’s uncle. The punishing winds tore the family’s home apart, Crisp said, and pulled both boys from their father’s arms.

“He had them squeezed tight, and he said when it came through, it just took them,” Crisp said. “It just demolished the house and took them.”

The boy’s father and brother both survived. AJ did not.

Jackie Jones said she and her siblings rushed to her parents’ house after the storm passed and nobody answered the phone. “They usually answer on the first ring,” she said.

The siblings found the home reduced to its foundation. One of their two brothers who lived at the house survived and was taken to a hospital. But Jimmy Lee and Mary Louise Jones, married for more than 60 years, had died along with their 53-year-old son Emmanuel.

Those three deaths meant cousins Cordarrly and Demetria Jones lost their grandparents and an uncle. They said seven others killed were their cousins by blood and marriage.

“Everybody in this area just about was related,” said Demetria Jones, 28. “It’s devastating.”

The body of David Wayne Dean, 53, was found by his son in a neighbor’s yard after the twister demolished his mobile home. He was known as “Roaddog” because of his love for Harley-Davidson motorcycles.

“He was done and gone before we got to him,” said his sobbing widow, Carol Dean, who was at work at Walmart when the storm hit. “My life is gone. He was the reason I lived, the reason that I got up.”

The tornado was an EF4 with winds estimated at 170 mph (274 kph) and carved a path of destruction up to nine-tenths of a mile (1.4 kilometers) wide in Alabama, scraping up the earth in a phenomenon known as “ground rowing,” the National Weather Service said. It traveled a remarkable 70 miles or so through Alabama and Georgia, where it caused more damage.

Ninety people were injured in the Beauregard area, authorities said. Most have been released from the hospital.

President Donald Trump said he will visit Alabama on Friday to see the damage. “It’s been a tragic situation, but a lot of good work is being done,” he said at the White House.

In a news release Tuesday night, Trump approved a federal disaster declaration and ordered federal aid to assist state and local recovery efforts.

Along the two-lane country road where some of the victims died, firefighters used heavy machinery to overturn pieces of houses that were blown into a gulley. A car sat atop the remains of one house. A red-brick foundation was all that was left at another lot.

The search took its toll around Beauregard, an unincorporated area of roughly 10,000 people near the Georgia line. Church chaplain Ike Mathews walked down a road lined with broken trees and debris as he went to check on members of his congregation and emergency workers.

“Yesterday I talked to some team members who had found bodies. They’re hurting. The community is torn up. They started crying talking about it,” said Mathews, an associate pastor at Rising Star Missionary Baptist Church.

Many of the people living in the area are senior citizens who moved to the country after retiring from textile mills or an old magnetic-tape manufacturing plant that closed years ago, Mathews said.

“They start with a mobile home and hope they can build a house someday. They invest in their homes, and they have a sense of legacy. It’s something to leave their kids and grandkids,” he said.

It was the deadliest tornado to hit the U.S. since May 2013, when an EF5 twister killed 24 people in Moore, Oklahoma.

Government teams surveying storm damage confirmed that at least 20 tornadoes struck on Sunday in Alabama, Florida, Georgia and South Carolina.

Cindy Sanford said one of her neighbors in Beauregard died in the storm, and another neighbor remained missing Tuesday.

“I pray to God that they find her,” Sanford said as picked through remains of her home, which tumbled in the wind and is now scattered across neighbors’ land.

Sanford said she left home with her 5-year-old grandson about five minutes before the storm struck after she got a feeling it was unsafe.

“It was God,” she said. “And then I heard the siren.”

Nebraska panel eyes sales tax hike to cut property taxes

LINCOLN, Neb. (AP) — A Nebraska legislative committee that’s looking for ways to reduce property taxes is considering a half-cent sales tax increase as one way to address the issue.

Members of the Legislature’s Revenue Committee floated several options Monday but didn’t vote on any of them. They also discussed getting rid of tax exemptions on soft drinks, candy, bottled water and zoo admissions.

Committee members are trying to find a way to lower property taxes amid complaints from farmers, ranchers and homeowners who have seen their tax bills rise.

Property taxes are collected by local governments and not the state, but many cities, counties and school districts say they’re saddled with unfunded state mandates and costs that make it very difficult to cut spending and lower their levies.

Former county treasurer gets jail time, probation for theft

ALMA, Neb. (AP) — A former Harlan County treasurer has been given jail time and probation for stealing from the county.

Harlan County District Court records say Diana Grotfeld, of Alma, was sentenced Monday to two years of probation and 90 days in jail. She also was told to make restitution of more than $107,000. She’d pleaded no contest to theft and abuse of public records. Prosecutors reduced the theft charge and dropped a related charge in exchange for her pleas.

Grotfeld resigned from her post in July. A state auditor’s report showed that around $108,000 was missing from the treasurer’s office.

Nebraska bill to ban LGBT job discrimination stalls

LINCOLN, Neb. (AP) — A bill that would bar Nebraska businesses from discriminating against LGBT job applicants and workers has stalled in the Legislature.

Supporters on Tuesday failed to force a vote on the measure after about three hours of debate. Previous attempts to pass similar measures in recent years have failed.

The bill by state Sen. Patty Pansing Brooks, of Lincoln, sparked an emotional debate among senators.

Supporters argue that employers shouldn’t be able to discriminate against people who identify as gay, lesbian, bisexual or transgender, and say the bill would create a more welcoming atmosphere in Nebraska. Opponents contend that employers might be forced to contradict their sincerely held religious beliefs.

Prosecutor: Duo hatched plan to kill before meeting victim

WILBER, Neb. (AP) — A Nebraska duo charged with murder in the death of a woman one of them had just met on Tinder hatched a plan to kill somebody prior to the slaying, a prosecutor alleges in a court filing.

Bailey Boswell, 25, solicited young women through social media sites, and she and her housemate, 52-year-old Aubrey Trail, together picked out a victim, 24-year-old Sydney Loofe, assistant state Attorney General Sandra Allen contends in a motion filed Friday. The motion seeks to add a count of conspiracy to commit first-degree murder to the charges against Trail.

Authorities say Boswell and Loofe went on a first date on Nov. 14, 2017, and made plans to go out again the next day. Loofe’s mother reported her missing that Nov. 16, and her dismembered body was found weeks later in a field about 90 miles (145 kilometers) away from Lincoln.

Trail and Boswell have pleaded not guilty to first-degree murder and the improper disposal of human remains, and prosecutors are seeking the death penalty for them. Trail’s trial is set to begin on June 17, while Boswell’s hasn’t been scheduled yet.

In her motion, Allen says Trail and Boswell decided to kill someone sometime after July 1, 2017. She alleges that Boswell searched social media for a victim and that she and Trail jointly selected Loofe. The motion also says the two recruited others to commit murder and bought materials used to kill and dismember Loofe and disposed of the remains.

Allen didn’t say who the defendants allegedly recruited and she didn’t reply to a call Tuesday seeking additional information. No other arrests connected to Loofe’s slaying have been announced.

Prosecutors do note in the court filing that the new conspiracy charge against Trail — along with the improper disposal of remains charge — would serve as an aggravating factor, which would support a sentence of death.

Suzanne Gage, a spokeswoman for Attorney General Doug Peterson, said she couldn’t comment about whether Boswell also will be charged with conspiracy or what was behind the allegation that Boswell and Trail recruited others.

One of Trail’s attorneys, Benjamin Murray, said he wasn’t certain about the allegation but that he thinks there’s some question “as to who exactly may have been present when (Loofe) died.”

Court records don’t show a similar motion filed in Boswell’s case, and it’s unclear whether one is likely. Boswell’s attorney, Todd Lancaster, declined to comment.

Trail told several news outlets after his arrest that Loofe’s death was accidental, though he didn’t elaborate.

Authorities say Trail and Boswell were captured on video at a Home Depot in Lincoln on Nov. 15, 2017, buying tools used to dismember Loofe, hours before Loofe’s death and while she was still at work.

Prosecutors allege that Trail told investigators he strangled Sydney Loofe with an extension cord. Investigators believe Boswell, who lived with Trail in Wilber, about 25 miles (40 kilometers) southwest of Lincoln, helped Trail dismember Loofe and get rid of her remains.

Trail and Boswell were quickly named as people of interest in the case and were arrested in late November 2017 in Branson, Missouri, on unrelated fraud charges.

Nebraska AG calls for congressional action on robocalls

Doug Peterson
LINCOLN, Neb. (AP) — Nebraska Attorney General Doug Peterson is calling on congressional leaders to pass a national law clamping down on robocalls and spoofing.

The attorney general’s office announced Tuesday that Peterson is leading a coalition of 51 attorneys general that are voicing support for legislation pending before the U.S. Senate Committee on Commerce, Science and Transportation. The other leaders are attorneys general from North Carolina, New Hampshire and Mississippi.

Peterson says he’s proud to support the bill and says state attorneys general have been on the front lines of helping consumers who are harassed and scammed by unwanted calls.

Robocalls and spam calls rank as the top consumer complaint to the U.S. Federal Communications Commission.

PSC denies ‘party bus’ license for North Platte event center

On Tuesday, March 5, the Nebraska Public Service Commission issued an Order denying the application of D&N Event Center, in North Platte, seeking authority as a common carrier in Nebraska intrastate commerce in the transportation of passengers by bus in a special party and charter service.

In issuing its’ order the Commission found the applicant unfit to provide the proposed services citing the applicant’s failure to adhere to the rules despite multiple warnings from the Commission about operating without authority.

“Not only do we have trouble with the applicants managerial fitness, we also have questions about the equipment being used,” said Commission Chair Mary Ridder. “We have serious concerns about which vehicles have been used to transport passengers in the North Platte community including children and whether those vehicles were safe during the time of transport.”

While the Commission is aware of the need that currently exists for a premium charter and special party service, in this part of the state, the managerial fitness and safety concerns that exist with this application far outweigh the need for such service.

Another charge sought against man accused of woman’s slaying

Aubrey Trail
WILBER, Neb. (AP) – Prosecutors want to add a conspiracy charge to those against a man accused of killing and dismembering a Lincoln woman.

Saline County District Court records say prosecutors filed a motion to amend the charges against 52-year-old Aubrey Trail. He and 25-year-old Bailey Boswell are accused of strangling Sydney Loofe and cutting up her body. The remains were found Dec. 4, 2017, in Clay County , weeks after Loofe was reported missing.

The motion filed Friday says Boswell searched through social media for a victim that she and Trail ultimately selected. It also says the two recruited others to commit murder, bought materials used to kill and/or dismember Loofe and jointly disposed of the remains.

The court records don’t show a similar motion filed in Boswell’s case.

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