Widow of Austin Plane Crash Victim Sues Pilot's Wife

(CNN) -- The widow of an Internal Revenue Service employee killed when a disgruntled taxpayer flew his plane into a seven-story building in Austin, Texas, last week is suing the pilot's wife, according to court documents.

Valerie Hunter, the wife of Vernon Hunter, is accusing Sheryl Stack, wife of Andrew Joseph "Joe" Stack III, of negligence, alleging she she knew or should have known that her husband was a threat to others and, thus, could have prevented the attack, according to the lawsuit filed Monday in Travis County District Court.

"Stack was threatened enough by Joseph Stack that she took her daughter and stayed at a hotel the night before the plane crash. [She] owed a duty to exercise reasonable care to avoid a foreseeable risk of injury to others including [Vernon Hunter]," the suit says.

The lawsuit also seeks to bar the release of Vernon Hunter's autopsy report, saying that, if made public, it would cause Hunter's family to suffer "severe and irreparable emotional distress."

Hunter was killed February 18 when, authorities say, Stack flew his Piper Cherokee PA-28 into a northwest Austin building that housed nearly 200 IRS employees.

Authorities say Stack set fire to his $230,000 home in Austin before embarking on his fatal flight.

Police have said Sheryl Stack spent the previous night in an Austin-area hotel but did not say why. Police said they had received no calls of domestic violence from the house. The only calls to police were made a couple of years ago and concerned barking dogs, officials said said.

A 3,000-word message on a Web site registered to Stack railed against the government, particularly the IRS.

"I saw it written once that the definition of insanity is repeating the same process over and over and expecting the outcome to suddenly be different," the online message said. "I am finally ready to stop this insanity. Well, Mr. Big Brother IRS man, let's try something different; take my pound of flesh and sleep well."

Sheryl Stack issued a statement after the attack expressing "sincere sympathy to the victims and their families."

Texas Plane Crash: Did Suicidal Pilot Joe Stack Have Explosives on Board?

ABC News- The sheer volume of flames and smoke pouring from the Austin office building where a suicidal pilot slammed his plane at full speed has prompted authorities to investigate whether he had some kind of explosive on board.

Joe Stack, 53, topped off his single engine Piper Cherokee with fuel before crashing into the IRS offices in a kamikaze mission designed to punish the government he believed wronged him.

The full tank of fuel is believed to have contributed to the force of the explosion and subsequent fire, which investigators believe was probably a deliberate tactic by Stack. Investigators are also trying to determine whether Stack had explosives on board with him, sources told ABC News.

Firefighters spent most of the day Thursday trying to extinguish the flames that prevented investigators from recovering Stack's body and searching for anyone else who may have been injured or killed.

Despite the spectacular crash and fire that left the seven story building a blackened hulk, only Stack and one other person are believed to have died. The body of the unidentified victim, a federal employee, was pulled from the building Thursday night.

Investigators believe Stack was the author of a lengthy, hate-filled diatribe that raged against the IRS, President George W. Bush and his own accountant. Posted right around the same time as the 10 a.m. crash, it was signed "Joe Stack (1956-2010.)"

The note was titled "Well Mr. Big Brother IRS Man … take my pound of flesh and sleep well." It details years spent working and paying taxes, but not reaping the benefits of what he considered to be a functional government.

"I choose to not keep looking over my shoulder at 'big brother' while he strips my carcass, I choose not to ignore what is going on all around me, I choose not to pretend that business as usual won't continue; I have just had enough," the note reads.

Records show two of Stack's software companies had been suspended by the state tax board.

"I can only hope that the numbers quickly get too big to be white washed and ignored that the American zombies wake up and revolt; it will take nothing less," he wrote.

Stack's family has not yet commented on the crash, but his wife -- who was mentioned by name in his suicide note -- is expected to speak today.

Forensic psychiatrist Dr. Michael Welner told "Good Morning America" that while it may appear that Stack simply snapped under the weight of tax debt, it was clear from the suicide note that this had been brewing for some time.

"This is the kind of crime that's planned for a long time," Welner said. "I wouldn't be surprised to learn that he practiced."

People Like This Shouldn't Have Children

AUSTIN (KXAN) - Police claim an Austin man bit and kicked his 2-year-old daughter in the face.

According to an arrest warrant made public Wednesday, police said Ricardo Luna, 23, was mad at his daughter last month because she would not lie down with him. Luna's girlfriend, the child's mother, said Luna was drunk, became upset at the girl and bit the toddler on the cheek.

The girlfriend said she and Luna then began arguing. The child started crying as a result of the argument. That is when Luna's girlfriend claims he kicked the 2-year-old in the face.

"She's a [expletive deleted] crybaby, that's all," Luna reportedly said to his girlfriend after kicking their child. "You spoil her."

The child's mother called 911 after the May 17 incident. Luna was booked in the Travis County Jail on May 28. He is being held on injury to a child causing bodily injury, assault causing bodily injury to a family member and terroristic threat.

If convicted, he could face 10 years in jail or more, depending on how the charges are stacked in court.

This is not Luna's first brush with the law. Luna has been convicted of assaulting a family member. He has also been charged with assault of a non-family member two times and violating a restraining order.


..Yeah, and he claims she's a crybaby. Then why do you have an ugly tattoo of what appears to be a tear on your own douche looking face?

Woman Put Feces In Child's IV Feeding Tube

(CBS)- A mother arrested for repeatedly putting fecal matter down her daughter's feeding tube was released from jail for the second time on Wednesday. Investigators said they're shocked that 23-year-old Emily McDonald is free on the streets.

According to an arrest affidavit, McDonald’s daughter was being treated at Dell Children’s Medical Center for serious infections caused by unusual organisms.

Doctors ran a blood culture and found fecal matter in the girl’s bloodstream, authorities say.

In the last 24 hours, McDonald was taken into custody, released, then rearrested and released again. Two judges at the Travis County Justice Complex said a computer glitch made one revoke the other's decision.

Austin District Judge Charlie Baird released McDonald Tuesday on her own recognizance, despite a magistrate's initial bond set at $100,000. Baird said he believed his ruling was justified because he did not feel McDonald was a flight risk and she has no criminal record.

“Since she had no criminal history, had never been in trouble with the law before, the uniqueness of this situation and that CPS was involved, I didn't think there was any risk to anyone else being harmed,” Baird told CBS 42’s Katherine Stolp about his decision.

McDonald's case was then assigned to Judge Julie Kocurek who did not want to go on camera. She ordered McDonald to be rearrested Wednesday afternoon because of the seriousness of the offense.

Video surveillance was set up in the girl’s room and McDonald was allegedly caught on camera taking fecal matter from her daughter’s soiled diaper and placing it in the cap to an intravenous central line that ran into the girl’s bloodstream.

Police were shocked when KEYE's Rebecca Taylor broke news of her release.

"I don't know why he made the decision that he did. The outcome -- that she's out, we don't know where she is and we had to find out through you, is shocking," police Cmdr. Julie O'Brien told CBS 42. "This is shocking to us. That somebody charged with injury to a child -- a first degree felony and a heinous crime that would shock this community has already been released on a PR (personal recognizance) bond."

But after meeting with the District Attorney and Bob Phillips who's representing McDonald, Judge Kocurek decided to follow court policy and honor Baird's decision. So, McDonald was released again from jail. Judge Kocurek did say she would have never issued a personal bond for McDonald, if the decision was originally up to her.

“Whatever misunderstandings and clerical problems have now been cleared up and now we're back on track where this case should be,” said Attorney Phillips, who represents McDonald.

Sgt. Wayne Vincent with the Austin Police Association said investigators are outraged that a mother charged with a major crime is back out on the streets.

“There's something wrong with the system when we are jeopardizing an ability to make someone accountable for what they do and let them walk out,” he said.

McDonald’s personal bond does come with some conditions tied to it. First, she's under close supervision by the court. McDonald is also staying with her parents and must wear an electronic monitoring device. Also, APD issued a police protective order that prevents McDonald from seeing any of her three children for 30 -60 days.

Dell Children's Medical Center set up the surveillance cameras that reportedly caught McDonald smearing fecal matter from her daughter's diaper onto her feeding tube. Representatives released this statement: "The Seton family of hospitals has many security and safety procedures in place to protect our patients. If we suspect possible injury to one of our patients, we take legal and necessary steps to protect their health and safety."

McDonald's first appearance in court is July 9th.


Seton Healthcare Network, which runs Dell Children's Medical Center, offers the following statement:

“It is our duty to protect and honor a patient’s privacy. It is also federal law.

In addition to privacy is the issue of patient safety. The Seton Family of Hospitals has many security and safety procedures in place to protect our patients. If we suspect possible injury to one of our patients, we take legal and necessary steps to protect their health and safety.

Because of these security and privacy issues, we cannot comment on any of the details of this case.”

Sanders' Family Files Lawsuit Against APD Officer, City

AUSTIN -- The family of an 18-year-old fatally shot by an Austin police officer in May has filed a federal lawsuit against the police officer who shot and killed him and against the City of Austin.

"We're looking for the truth to be told. We would like to know how did our son go from asleep in the back of a car to shot dead," said Nathaniel Sanders Sr., the victim’s father.

Officer Leonardo Quintana shot and killed Nathaniel Sanders II on May 11 while responding to reports of shots fired at the Walnut Creek apartment complex in Central East Austin.

Officers say Sanders was reaching for a gun when he was shot. The family’s attorney disputes that claim.

"Eye witness testimony is going to dispute the allegation that there was a weapon. There are eye witnesses that will say he did not have a weapon. My law firm sent a letter to their attorneys requesting evidence of this gun and they refuse to provide any evidence," said Adam Loewy, family attorney, "That's their legal position, I disagree with that position, and that's why I want to get this before a judge as soon as possible."

According to the lawsuit filed, Sanders' parents claim their son did not pose a threat to Officer Quintana and that the officer overreacted and without justification when he woke Sanders, who was sleeping in a car. APD says Quintana was investigating reports of gun fire when he approached the Mercedes-Benz station wagon.

"Office Quintana did not have his police lights on. He did not have any sort of siren on and he did not use a bull horn in an attempt to say 'Wake up. Get out of the car,'" said Loewy.

The lawsuit claims Quintana violated APD policy by not turning on the lights or dashboard camera in his car and not attempting to wake Sanders by activating his patrol car siren or bullhorn. It also claims Quintana used excessive force.

"He approached the car, opened the door and physically tried to pull Nate Sanders out of the car," said Loewy, "Nate Sanders reacted the way anyone else would have reacted. His defensive mechanism was to move back into the car to escape the hold of the police officer. At that point, it is based on our allegation that Officer Quintana panicked and literally opened fire into that car, shooting and killing Nate Sanders from a very close range."

The lawsuit claims the City of Austin is culpable, including a practice of inadequately supervising officers regarding use of force and excessive force against minorities. It also claims the city has inadequate training.

The lawsuit seeks damages for physical pain and mental anguish as well as funeral and burial expenses and attorney fees.

Austin City Manager Marc Ott released a statement regarding the lawsuit:

"The City of Austin remains committed to the thorough investigation of the events of May 11. We are dedicated to bringing the situation to a resolution and will share appropriate information with the public as it is available.

"The action filed today is a separate matter from the ongoing investigations and will be handled appropriately through our legal channels. This is an unfortunate and emotional issue for everyone involved, but the lawsuit does not change the way the City, the Police Department or external legal agencies will investigate the case."

Chief Art Acevedo has said the department's investigation will take between 60 and 90 days. It will not release any further evidence, including dashboard camera video it says captured the shooting, while the investigation is open.