Timber Fire passes 3,000 acres as Highway 1 closure, evacuations remain in Big Sur

By Ricardo Tovar

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    MONTEREY COUNTY (KSBW) — The Timber Fire has grown to 3,150 acres in Monterey County and remains 5% contained Wednesday morning after flames remained active overnight at higher elevations above the fog line.

Fire activity surged early Wednesday around Partington Ridge and Coast Ridge Road along the southern edge of the fire. The U.S. Forest Service — Los Padres National Forest said flames continued backing toward Highway 1 as firefighters worked to protect nearby homes and strengthen containment lines.

The fire grew by about 160 acres from the 2,989 acres reported Tuesday evening.

On the west side near Partington Ridge, dozer operators and ground crews built containment line toward Highway 1. Crews also mopped up hot spots and conducted tactical patrols around homes. Near Ventana, firefighters continued mopping up around structures and completing hand line.

Rolling debris and embers along Coast Ridge Road sparked spot fires, but firefighters were able to contain them with aggressive suppression efforts, according to the Forest Service.

On the northern flank, bulldozers began cutting line along a ridgeline toward Highway 1 and the Big Sur River. The eastern side of the fire remains active in wilderness areas, where crews are looking for safe opportunities to engage the flames.

Overnight activity increased above 1,000 feet on the western flank. Hotshot crews are working through steep terrain and heavy vegetation to establish containment lines as conditions allow, while firefighters continue prioritizing structure protection east of Highway 1 from Ventana south to Partington Road.

CAL FIRE reported 503 structures threatened in its latest incident update. No structures have been reported damaged or destroyed, and no civilian or firefighter injuries or fatalities have been reported.

More than 900 personnel remain assigned to the fire. CAL FIRE reported 904 personnel, 36 engines, 26 hand crews, seven dozers, six helicopters and six water tenders assigned to the incident. Air tankers from across California are also supporting suppression efforts as conditions allow.

Firefighters have been working to build containment lines along the Highway 1 corridor, with ground crews navigating difficult terrain and aircraft supporting them with water and retardant drops. A major focus remains protecting nearby homes and preventing the fire from crossing Highway 1.

Officials had warned that areas above 1,800 feet would remain above the inversion layer overnight, resulting in drier conditions that could keep the fire active. Lower elevations, including areas along the Highway 1 corridor, experienced cooler and more humid conditions.

Weather conditions could become more challenging Wednesday afternoon and evening. There is a 15% to 20% chance of thunderstorms moving into the fire area, which could bring strong, erratic winds and unstable conditions. Elevated fire weather conditions are possible, though conditions are expected to vary significantly across the fire area depending on location.

The cause of the Timber Fire remains under investigation.

Evacuation orders and warnings Evacuation orders remain in effect for zones MRY-F023, MRY-F025, MRY-F026, MRY-F027 and MRY-F028-A.

Evacuation warnings remain in effect for zones MRY-F021-B, MRY-F022, MRY-F024, MRY-F028-B and MRY-F029.

An evacuation order means people should leave the affected area because of an immediate threat to life and property. Officials are urging residents in evacuation order zones to take their families, pets and emergency supply kits and consider bringing essential documents and records.

People in evacuation warning zones should prepare to leave in case an evacuation order follows. Officials recommend packing a go-bag, gathering essential items and making arrangements for pets and large animals. People who need additional time or assistance to evacuate should also prepare now.

Residents can find the latest evacuation information through Alert Monterey County at alertmry.org/alerts.

Timber Fire grows to 3,150 acres

The Timber Fire has continued to grow since it started over the weekend. CAL FIRE reported the fire at 180 acres Sunday before it grew to 400 acres Sunday evening, doubled to 800 acres by Monday morning and reached 1,723 acres Monday afternoon.

The fire reached 2,000 acres Tuesday morning and grew to 2,989 acres by Tuesday evening. By Wednesday morning, the fire had reached 3,150 acres. Containment remains at 5%.

The U.S. Forest Service said the Timber Fire started around 9:38 p.m. Saturday. The fire is burning southeast of Loma Vista in the Los Padres National Forest.

Firefighters have faced steep, rugged terrain that has made accessing the fire and carrying out suppression efforts difficult.

“The fire is burning in steep, rugged, and difficult terrain, which continues to hamper firefighter access and suppression efforts,” the U.S. Forest Service said Monday.

Fire officials said the fire remained active overnight into Wednesday at higher elevations above the fog line. Flames moved up steep hillsides and ignited individual trees while other portions of the fire slowly crept downhill.

Crews continue working to build containment lines and gain access to difficult terrain while aircraft support firefighters with water and retardant drops.

Protecting nearby homes and preventing the fire from crossing Highway 1 remain major priorities for crews.

The cause of the Timber Fire remains under investigation.

Highway 1 closed in Big Sur amid Timber Fire Highway 1 remains closed to the public along part of the Big Sur area amid the Timber Fire and ongoing evacuations, according to the California Highway Patrol.

The highway is closed on the north side at 47200 Highway 1, near Fernwood Resort, and on the south side at the Julia Pfeiffer Burns State Park Vista Point near mile marker 37. The closure covers approximately 10 miles of Highway 1.

CHP is asking drivers to avoid the area and follow all evacuation orders and instructions from emergency personnel.

Drivers should use caution and leave roads clear for first responders, emergency personnel and evacuees. Officials said additional updates will be provided as conditions change.

Weather Conditions

Weather conditions could make firefighting more challenging Wednesday afternoon and evening. Officials said there is a 15% to 20% chance of thunderstorms moving into the fire area, potentially bringing strong, erratic winds and unstable conditions. Elevated fire weather conditions are possible, though conditions could vary significantly across the fire depending on location.

Evacuation resources at Carmel Middle School The Temporary Evacuation Point and evacuation shelter for people affected by the Timber Fire are located at Carmel Middle School, giving evacuees a centralized location to receive incident information, resource referrals and assistance.

Carmel Middle School is located at 4380 Carmel Valley Road in Carmel.

The county opened the evacuation shelter Monday in collaboration with the American Red Cross for people displaced by the Timber Fire.

Evacuees have access to food, drinking water, cots, blankets and comfort kits. American Red Cross and Monterey County shelter personnel are available to assist.

The SPCA for Monterey County is also assisting evacuees with pets.

Residents evacuating with animals are encouraged to bring their pets, along with pet food, medications, leashes, carriers and other essential supplies when possible.

The shelter is expected to remain open until evacuation orders associated with the Timber Fire are lifted and residents can safely return home.

Discounted hotel rates for Timber Fire evacuees Hotels and lodging properties in Monterey and San Luis Obispo counties are offering special evacuation rates for residents and visitors displaced by the fire. A list of participating properties and their contact information is available on the Community Connections page.

Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.

‘A very tragic day’: 4 children, woman killed in Winfield shooting; suspect also dead

By Nick Sloan

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    KANSAS (KMBC) — Five victims and a male suspect are dead following a shooting Tuesday in Winfield, Kansas.

The KBI said events surrounding the shooting began around 8:50 a.m. near 9th Avenue and Stewart Street, about 150 miles southwest of Kansas City.

Winfield Police Chief Robbie DeLong said the suspect, 53-year-old Ronald Williams Sr., called 911 and told dispatchers he had killed his entire family and was preparing to kill himself.

Officers happened to be working a traffic crash about two blocks away and quickly responded.

DeLong said the first officer approaching the home heard a single gunshot. Officers retreated and initially treated the incident as a barricade situation because they did not know what had happened inside.

Just before 11 a.m., after backup arrived and other options had been attempted, officers breached the front door and found six people dead inside.

KBI Special Agent in Charge Jason Diaz said evidence suggests the five victims were already dead when Williams called 911. Investigators believe the gunshot heard by the responding officer was Williams dying from a self-inflicted gunshot wound.

“I believe when he called 911 that he was accurate in what he said,” Diaz said.

The KBI said there was no ongoing threat to the public.

Diaz identified the five victims as Kelly George, 44, and four children: Carol Williams, 9; Ronald Williams Jr., 7; Sarah Williams, 5; and Kelly MaGee-Williams, 3.

The KBI said Williams and George were the parents of the four children.

Local and state agencies were still working Tuesday to determine a motive.

“Obviously, this is a very tragic day in our community,” DeLong said.

DeLong said Winfield police had previous contact with Williams over what he described as erratic behavior, including calls involving aggressive behavior and confrontations with people.

“So I can say that we’ve had contact with Mr. Williams, some erratic behavior,” DeLong said. “I can’t say that anything would have indicated that we would be where we are today.”

When asked if police had any recent dealings with Williams, DeLong said there had been one “fairly recent” encounter.

“I can’t tell you the exact date, but yeah, within the last few weeks,” he said.

KBI records show Williams was a registered sex offender.

He was charged in 1997 with two counts of attempted indecent liberties with a child in Wyandotte County.

DeLong said the magnitude of Tuesday’s shooting was unlike anything he had experienced during his career in Winfield.

“In my 20-plus years here, no, I can’t remember anything remotely close to this,” DeLong said.

Winfield police and the KBI brought in peer support resources to help officers, agents and crime scene personnel who responded to the shooting.

DeLong described the scene as “one of the hardest things I’ve ever seen” and said the department plans to continue providing support and resources to those who responded.

Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.

‘Colombian people are resilient’: New Orleans leaders organize aid for earthquake victims

By Pari Apostolakos

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    NEW ORLEANS (WDSU) — The New Orleans area is home to people from all over the world, and Colombia is no exception. After Monday’s devastating earthquake, WDSU spoke to local religious and business leaders who hail from Colombia to ask how they are feeling and what locals can do to help.

Edgar Caro had brought the flavors of Colombia and Latin America to the Crescent City for decades as owner of Baru Restaurant on Magazine Street. Caro moved to New Orleans from Colombia in the late 1990s. He said he first learned about Monday’s earthquake from his staff, some of whom have family members who lost their homes to the disaster.

“Well, I feel very sad because many families have been affected in a country where, for 100 years, nothing as tragic as this has happened,” Caro said in an interview that has been translated from Spanish to English.

Rev. Lennin Arroyo from the Catholic Archdiocese of New Orleans Hispanic Apostolate is also from Colombia. He said he woke up to a call from his mother about the earthquake early Monday morning. While his family is safe, he said he knows many others are not as fortunate.

“People suffering, crying, crying and people [are] losing [all they have]. They have lost everything,” Rev. Arroyo said.

The Hispanic Apostolate in Metairie is collecting donations both in person and online, which their staff said will be sent to another Catholic Archdiocese in Colombia to assist those in need.

“We have to remember that we are exposed to any disaster as New Orleanians,” Hispanic Apostolate assistant director Sheyla Saballos said. “We are open to any hurricane or any storm. So, we have to open our hearts and pray for the people who is in need right now. Not only because we’re Latin, it’s because we’re human being(s).”

Caro said he hopes to meet with other business owners to organize a charity dinner in the coming weeks to support earthquake victims.

“New Orleans is no stranger to rebuild and losing homes and, and all that, and Colombian people are resilient people too,” Caro said.

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VIDEO: Tornado-warned storm rips down gas station in Brown County

By Matthew Dietz

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    BROWN COUNTY, Ohio (WLWT) — Shocking video from Brown County, Ohio, shows tornado-warned storms ripping through a gas station on Tuesday afternoon.

It happened at State Route 32 and State Route 62, while strong storms with intense winds were moving through the area.

Video shows the roof of a gas station being torn down by the storms.

No injuries have been reported from the incident.

Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.

Student shot, killed at bus stop in Gaffney, South Carolina, officials say

By Stephanie Moore, Brad Broders

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    GAFFNEY, S.C. (WYFF) — A student was shot and killed at a bus stop in Gaffney, South Carolina, on Wednesday morning.

Student shot at bus stop identified The shooting happened on West Rutledge Avenue near Granard Court apartments, according to Gaffney Mayor Dr. Lyman Dawkins III.

Cherokee County Coroner Dennis Fowler said Jomiltron Sentell Fair Jr., 17, had walked from his apartment just across the street from the bus stop at 6:49 a.m. and was about to get on the bus when another male approached him.

Fowler said after a short altercation, Fair was shot and pronounced dead at the scene.

According to Fowler, video surveillance cameras on the bus show the shooter flee to a waiting vehicle driven by another person immediately after the incident.

“This is an absolute tragedy. It’s a sad world when our children cannot be safe while going to school. My heart is heavy for this student’s family and those 15 students who were on board the bus and witnessed this heinous crime,” Fowler said.

WYFF News 4 spoke with Fowler Tuesday afternoon.

“You’ve got a senior that is going into his third day of class and it’s tragically ended,” Fowler told WYFF News 4’s Brad Broders.

He went on to say, “Not only that, but you have 15 other school students on the bus, who are middle school and elementary school students, who witnessed something that will stay with them for the rest of their lives. A hideous crime that they witnessed that they will always talk about and they will tell their grandchildren about it .”

Fowler said he was with the school district, as well as, Fair’s mother and grandmother.

“There is absolutely nothing good that comes out of this, but we can only pray for them,” Fowler said. “Think about them and lift them up because this is a tragic time and they will be going through a lot, not only emotionally but physically in the coming days.”

SLED requested to be part of investigation The SLED Special Victims Unit (SVU) – Department of Child Fatalities was requested this morning (8/12/2026) by the Gaffney Police Department to assist in a death investigation following a shooting in Gaffney, SC.

The Department of Child Fatalities conducts investigations on all deaths in the state of children (under the age of 18) that are the result of violence, in any suspicious or unusual manner, or when the death is unexpected or unexplained.

The investigation is active and ongoing. More information may be available in the future.

Gaffney mayor releases statements on bus stop shooting Gaffney Mayor Dr. Lyman Dawkins III released the following statement:

“There was a shooting this morning on West Rutledge Ave at or near Granard Court apartments. Unfortunately, and sadly the victim is deceased. Gaffney police are investigating and the area is still an active crime scene. I will provide more information when available.”

He later posted the following message on Facebook:

“My heart is broken over the tragic news of the shooting this morning. My thoughts and prayers are with the victim’s family, loved ones, and everyone affected by this senseless violence. Our community is hurting, and this violence has to stop. We ALL have a responsibility to keep fighting against it and do whatever it takes to protect our young people and one another. I am willing to do whatever is necessary and work with anyone committed to solutions. To our youth, violence is not the answer! One decision can change your life, another person’s life, and two families forever. We cannot accept it as normal. Gaffney, we must keep working together, loving one another, and fighting for the safety and future of our community and youth.”

Cherokee County School District releases statement on shooting “We are aware of the shooting that occurred near a school bus stop. Our thoughts are with everyone affected by this incident. Law enforcement is actively handling the situation, and there is no current danger to our schools or students based on the information available to us at this time. Schools will continue to operate with appropriate safety measures in place. We understand that incidents like this can be frightening for students, families, and staff. The district is working closely with law enforcement and will provide additional information as it becomes available. We encourage families to rely on official district and law enforcement communications for updates and to avoid sharing unverified information.”

Gaffney police release statement on shooting Gaffney police posted the following on Facebook about 8:20 a.m.:

“The Gaffney Police Department is currently working an active crime scene in the 500 block of West Rutledge Avenue. We are asking members of the public to avoid the area and use alternate routes while officers continue their investigation. This remains a very active scene, and additional law enforcement activity should be expected in the area. The Gaffney Police Department is working closely with the Cherokee County School District as we continue to manage this incident and ensure the safety of our community, students, and school personnel. Due to the sensitive nature of the investigation, no additional details are being released at this time. More information will be provided when it is appropriate to do so and when its release will not interfere with the ongoing investigation. Thank you for your patience and cooperation.”

Witness accounts The manager of Head Start, which is near the scene, told WYFF News 4’s Naomi Popa that the coroner was at the scene after a student had been waiting for a school bus.

The manager said the shooting did not involve any Head Start students.

County officials post message on Facebook about shooting: The Cherokee County, South Carolina, Facebook page posted the following message about the shooting:

“Our hearts are heavy this morning as our community mourns the tragic loss of a young life. Cherokee County extends our deepest condolences to the family, friends, classmates, teachers, and everyone impacted by this senseless act of violence. There are simply no words that can ease the heartbreak of a family or a community facing a loss like this. As we keep this student’s loved ones and our school community in our thoughts and prayers, we also ask that you remember the first responders who answered the call this morning — all law enforcement officers, 911 dispatchers, EMS personnel, firefighters, and others who responded and continue to work through this tragedy. Our first responders are called into moments most of us hope never to witness. They carry the responsibility of protecting our community while also experiencing the human weight of the scenes they encounter.Today, we hurt together as one Cherokee County community.Please keep this family, our students and school staff, our first responders, and all those affected in your thoughts and prayers in the difficult days ahead.”

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Flock, LPR technology across the Triad sees vandalism as law enforcement continues use

By Serra Sowers

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    DAVIE COUNTY, N.C. (WXII) — License plate reader cameras, which can be found present in every county across the Triad, are at the center of a privacy debate in Davie County, where commissioners approved a $4.3 million contract for the Safe County Initiative that continues their current use of Flock Camera technology for the next five years.

Law enforcement officials, including Davie County Sheriff JD Hartman, emphasize the importance of the specific Flock system and other license plate readers in solving crimes and locating missing persons.

“The Flock cameras that we have, all they do is take a picture of the back of your car and run that tag through the NCIC,” Hartman said.

The NCIC, or National Crime Information Center database, allows law enforcement to determine if a vehicle is connected to a crime.

“You have no expectation of privacy on a public road. I’m not looking in your car. I’m not running facial recognition on you when you drive by,” Hartman said.

However, some residents have expressed concerns about potential privacy violations, alleging that law enforcement can see more than they admit to. At least one camera in Davie County and another in Surry County have been vandalized.

“We have already had one Flock Camera damaged this week. Somebody spray-painted the road in front of it ‘free the people’ and tried to spray paint the camera over,” Hartman said.

In Mooresville, an audit revealed that at least one officer had improperly used license plate readers for personal reasons. Hartman said Davie County is taking steps to prevent such misuse.

“The chief deputy and I do random audits individually,” Hartman said. “And our professional standards unit every 90 days does a deep audit and sends me a written report.”

While Flock deletes photos every 30 days, the system retains a record of every search conducted tied to deputies’ names and ID numbers.

“What does get kept is data watching us, the officers, so we can look and see if somebody’s misusing it, which I think is a big reason that some of the officers that know better are out there doing things they should, and we’re catching them and prosecuting them,” Hartman said.

Hartman also addressed concerns about other types of license plate readers, which are not used in the Triad, that have Bluetooth capabilities to scan devices as vehicles pass by.

“That type of technology won’t be used, not as long as I’m Sheriff; it won’t be here. I firmly believe that’s a type of intrusion that requires a search warrant,” Hartman said. “I’m not going to use it to violate your rights. I’m not going to use it. Look inside your car and see what you are looking at on your smartwatch. At least not unless we have a probable cause reason.”

The Davie County Sheriff’s Office has also begun integration for drones as a first responder to assist with calls where air travel will arrive to a scene or suspect chase faster than deputies could.

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Judge Assma Ali faces threats and calls for removal over religious background

By Brooklyn Joyner

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    JACKSON, Miss. (WAPT) — Assma Ali, recently appointed as the municipal court judge for the town of Benoit, is in hiding after receiving threats and harassment online related to her religious background.

Ali announced her appointment on Facebook, but confusion arose when some mistakenly believed she had been appointed in the cities of Ridgeland and Lumberton. Officials from those cities later dispelled the rumor, but Ali continues to face hate online, particularly targeting her Muslim faith and her hijab.

Republican Sen. Michael McLendon has called for Benoit officials to hold a special meeting to take “every lawful step” to remove Ali from her position. In a post, McLendon said, “I believe in God we trust, not Mohamed.”

Franklin Rosenblatt, an associate professor of law specializing in constitutional law, said McLendon’s actions are unconstitutional.

“I think that Sen. McLendon has acted shamefully. He has an obligation to uphold the Constitution of Mississippi and the Constitution of the United States,” Rosenblatt said. “Those constitutions say that there shall be no religious tests for any public official, and yet that’s exactly what he’s calling on. Our public officials need to be following the Constitution.”

“It has been difficult to watch assumptions being made about who I am and what I stand for without people knowing me. That is sad. But I refuse to allow negativity to change who I am or how I treat others,” Ali told 16 WAPT News.

Attempts to reach Sen. McLendon for further comment were unsuccessful.

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Memorial grows for Tasia Fortune as investigators await autopsy results in Jackson

By Ross Adams

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    JACKSON, Miss. (WAPT) — A memorial has been created at the site where 29-year-old Tasia Fortune was found dead hanging in a tree behind an apparently vacant house a week ago Monday.

The makeshift memorial is located near the exact spot where authorities discovered Fortune’s remains. A photo of Fortune, showing her with her hand on one side of her face, has been placed on the ground. It is surrounded by bright balloons, flowers, and teddy bears. It is unclear who placed the items at the site.

Fortune’s family, who are from Kentucky, traveled to the city over the weekend. When reporters visited the memorial, two men who said they knew Fortune were there paying their respects. They expressed confusion about what happened and questioned how she ended up in the tree.

Mayor John Horhn said the medical examiner’s office could release autopsy results on Thursday. He urged the public not to jump to conclusions and to wait for the facts to emerge.

“When incidents like this pop up, the natural conclusion is there’s something very heinous that harkens back to our past as a part of this. I’m not sure that’s the case at this point,” Horhn said.

Police have questioned a person of interest in the case but have not charged them with a crime related to Fortune’s death. The individual, a 65-year-old man who lives on the same street, admitted to having argued with Fortune two days before her body was found. He has been charged with being a felon in possession of a firearm after detectives discovered he had a gun during questioning. Records show the man has a prior criminal conviction.

Code enforcement has placed a letter on the door of the vacant house, ordering the property owner to appear in court next month to determine whether the property is a public health, safety, and welfare hazard.

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Memorial grows outside Winfield home where mother, 4 children were killed

By Kate Devine

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    WINFIELD, Kan. (KAKE) — A makeshift memorial is growing outside a Winfield home where a mother and her four young children were killed in a murder-suicide Tuesday.

Flowers were left outside the home Tuesday evening, near children’s playthings that remained in the yard.

Neighbor Ann Stofferan lives three houses away and said learning children were among the victims was devastating.

“When I heard that it was children, my whole body just went cold, and I just got goosebumps because I just can’t fathom what’s going through somebody’s mind to take your whole family,” Stofferan said.

Stofferan said the children’s belongings outside the home now carry a different meaning.

“You see the little play things,” she said. “You would drive by and think, ‘Oh, that’s a happy house,’ but nobody knows what goes on behind closed doors.”

Amber Crowley walked by the home with her own children after learning what happened. She said the ages of the victims hit especially close to home.

“I have a 10-year-old, so a year older than her, and then we have a 3-year-old stepson, and that’s just — it’s crazy,” Crowley said.

Crowley said seeing a tragedy like this unfold in her own community was difficult to comprehend.

“I mean, I’ve seen that stuff on TV,” Crowley said. “I’ve never seen this in person.”

When asked whether her family planned to leave flowers at the growing memorial, Crowley said yes.

Winfield Police Chief Robbie DeLong also spoke about the toll the scene has taken on the officers who responded. He said peer support personnel from across Kansas came to Winfield to help.

“I mean, obviously, this was, in my 20-plus years, one of the hardest things I’ve ever seen,” he said.

The KBI said the investigation remains ongoing as investigators work to determine a motive.

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Tremonton parents accused of torture in boy’s death won’t face charges, county says

By Cassidy Wixom

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    TREMONTON (KSL) — The Box Elder County Attorney’s Office has declined to file felony charges against a Tremonton couple who were initially arrested and accused of child torture that led to the death of their 11-year-old son, but they may still face reduced charges of child abuse.

Brigham Young Merrell, 35, was booked into the Box Elder County Jail on May 6 for investigation of child abuse homicide and child torture. His wife, Melinda Marie Merrell, 36, was arrested for investigation of child torture.

The Tremonton-Garland Police Department started investigating the Merrells after their son, Moroni, died on Sept. 21, 2025. Brigham Merrell had called 911, saying he found his child “hanging by a coaxial cable.” The father was the only adult present when the child died.

Police reported discovering several inconsistencies and allegedly suspicious conduct in what happened the night of the child’s death. Tremonton-Garland police said it conducted a “thorough, monthslong investigation with the assistance of multiple outside law enforcement agencies” before submitting a comprehensive case and investigative file to the Box Elder County Attorney’s Office.

But the decision of whether to file charges rests with the Box Elder County Attorney’s Office, which said Tremonton police had “largely ceased communicating” with them and arrested the parents “against the advice of the county attorney’s office and despite not having the medical examiner’s report which had not been completed.”

The missing examiner’s report was “a major impediment” to the county attorney’s office on making an informed decision of filing charges, the office said. The parents were thus released from jail a week after their arrest as there was not enough evidence to charge them within the legally required timeframe.

On Friday, the county attorney announced its official decision not to file charges against the Merrells after “an extensive review” involving five attorneys, three victim advocates, an investigator, meetings with Tremonton police, review of body camera recordings, home surveillance video, forensic interviews, suspect interviews, autopsy photographs, medical records, physical evidence and independent reviewers.

“This decision is based on a lack of sufficient evidence to prove those charges beyond a reasonable doubt. All reviewing parties independently and unanimously concluded that the available evidence does not support findings of child homicide or child torture,” the county attorney’s office said.

The prosecution’s case against the Merrells was also hindered by the original memory cards of video footage inside the home getting lost when a patrol vehicle was burglarized, the county said.

Inaccurate assertions? The “comprehensive, collaborative review” led the county attorney’s office to “disagree with many of the statements contained in the probable cause affidavit supporting the arrests.” Several of the assertions police made did not actually imply a crime as police suggested, the attorney’s office said in a statement.

In the arrest reports, police said gaps in video footage from the night, including an approximate seven-minute period when the boy was discovered, contradicted Brigham Merrell’s version of events to police. No footage from inside the child’s bedroom was available as the cameras were installed in common areas and only recorded when motion was detected, the case review said.

The footage available showed the children doing chores just prior to the boy being found, then the dad leaving his bedroom in the basement with the child in his arms while on the phone with dispatch and taking the child upstairs.

“The absence of recorded footage does not itself establish criminal conduct,” the county attorney’s office said.

In the arrest report, police said Brigham Merrell carried the child “past emergency responders who were actively knocking on the door,” but the county said, “Within seconds, he yelled to his children to let the officer in. There is no evidence that Brigham was intentionally ignoring or delaying emergency responders.”

Police also claimed Merrell’s conduct was consistent with concealing physical evidence, citing that he changed his clothing while first responders were doing CPR on the child. But the county attorney’s office said video evidence showed Merrell went to his bedroom to put a T-shirt on over his undershirt, and there is “no reason” to believe it was an attempt to destroy or conceal evidence.

The child’s injuries were considered inconsistent with being caused by a coaxial cable, police said in the affidavits. The county attorney’s office received the medical examiner’s report on May 20, which disagreed, stating the immediate cause of death was ligature asphyxia, consistent with autopsy photos of the child’s injuries.

The child also had bruising on his back, which police said “was indicative of bruising that occurred immediately prior, or during death,” the affidavit states. But medical experts the county consulted determined the bruising could have resulted from CPR on the hard floor or an unknown and unrelated prior event, the county said.

Throughout the investigation, friends, teachers and school officials who were interviewed told police there was no evidence the child was suicidal or had expressed suicidal ideation, according to the arrest reports.

But the county’s case review said, “One of the other children disclosed in an interview that the deceased sibling previously stated: ‘I want to kill myself, I’m tired of cleaning.'”

Alleged pattern of child abuse The Merrells continually cooperated with the investigation and denied any wrongdoing throughout several police interviews, the county said.

The police booking affidavit stated one child alleged to have seen the victim die “after receiving a whooping from Brigham.” The county attorney’s office said no child ever made statements implicating their father in forensic interviews, but it had been reported by a therapist that a child said her sibling was “whooped and died.”

“A forensic interview at the Children’s Justice Center was conducted and the child did not make this same disclosure. Brigham and Melinda and all of the children mentioned that the children often received ‘whoopings’ for discipline and it is not clear whether the child’s statement to the therapist was merely stating two separate, unconnected events: there were ‘whoopings’ and the sibling ‘died.’ In any event, in the numerous interviews conducted, none of the children ever reported their sibling dying from a whooping. Additionally, there is no video or evidence of any child receiving physical discipline the day of the incident.”

Police claim they found “yearslong allegations of child abuse and child torture, which included food restriction, admittance of corporal punishment that resulted in bruising when belts, pans and other items were used to whip, as well as allegations that the children are sent out to stay in an outside dog run when they are in trouble,” the affidavits state.

Melinda Merrell told investigators she would check for bruises two days after a whipping to “adjust their methods,” including switching to using pans because spoons were leaving marks, according to a separate police booking affidavit.

Both parents “admitted to the abuse and stated they should have looked into the laws in Utah before they moved here. Melinda, specifically, stated she was not taught that leaving marks on her children was not acceptable,” police wrote in the court documents.

While the evidence is insufficient to support the charges of child torture or child homicide, the case is being referred to the Tremonton Justice Court prosecutor for consideration of lesser charges such as child abuse, the county said in its announcement.

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