Shoplifter Shooting Not 'Clear' Case of Self-Defense ... Ex-Prosecutor Questions San Fran D.A.
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The Walgreens security guard who fatally shot a shopfitter in San Francisco used unnecessary aggression, and it was not a clear case of self-defense ... so says a former prosecutor who's challenging the D.A.'s theory.
Attorney Tony Brass joined "TMZ Live" Tuesday shortly after San Fran's District Attorney Brooke Jenkins released the footage of the April 27 shooting to show why she was not charging security guard Michael Earl-Wayne Anthony for killing Banko Brown.
Tony says, on a human level, it is super clear the security guard used a high level of aggression when he confronted Brown, which he finds absurd considering it was a shoplifting case "at best" ... and not an imminent danger.
On top of that, Tony says he's super shocked the D.A.'s already decided it was self-defense and there should be no charges. From his perspective, Anthony should've just let the guy go when he tried to leave ... and the gun was not necessary at all.
As we reported, Jenkins shared the footage Monday of the violent encounter ... that ended with Anthony gunning down Brown as he fled the store with a bag of allegedly stolen items.
Tony also points out the election of Jenkins as D.A. was a direct response to the former D.A. Chesa Boudin, who helped build San Francisco's "soft on crime" rep.
Regardless though ... Jenkins' decision in this case is not sitting right with Tony, who says self-defense is possible, but should be left for a jury to decide.
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Becky Hammon Suspended 2 Games ... Over Alleged Comments About Player's Pregnancy
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Becky Hammon -- who many believe could eventually become the NBA's first-ever female head coach -- has just been suspended two games by the WNBA ... after the league determined she made inappropriate remarks about the pregnancy of one of her Las Vegas Aces players.
The WNBA said in a statement Tuesday that following a months-long investigation into claims that the Aces mistreated pregnant star Dearica Hamby ... it found that Hammon did violate a Respect in the Workplace policy during a conversation with the player.
The league did not say specifically what it believes the head coach told Hamby ... though in a statement, it said the comments were "made by Hammon to Hamby in connection with Hamby's recent pregnancy."
The WNBA also docked the Aces a 2025 first-round pick following its findings.
Hamby first went public with the allegations in January ... after she was traded from Las Vegas to the Los Angeles Sparks.
In a lengthy statement on her social media page, Hamby alleged the Aces "bullied, manipulated and discriminated against" her after she told the team she was pregnant.
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She also accused the team of promising her "things to entice me to sign my contract extension that were not followed through on."
"I was asked if I planned my pregnancy," she wrote of the Aces in her statement. "When I responded, 'no,' I was then told that I 'was not taking precautions to not get pregnant.'"
She continued, "I was being traded because 'I wouldn't be ready and we need bodies.'"
Hamby said despite the pregnancy, she fully planned to play in the 2023 season -- which just kicked off this month -- but the team was still angry with her over it ... and decided to trade her nonetheless.
"The unprofessional and unethical way that I have been treated has been traumatizing," the 29-year-old said in her January statement. "To be treated this way by an organization, BY WOMEN who are mothers, who have claimed to 'be in these shoes,' who preach family, chemistry, and women's empowerment is disappointing and leaves me sick to my stomach."
46-year-old Hammon took over as head coach of the Aces back in Dec. 2021 -- after years of working as an assistant on the San Antonio Spurs' staff. Many, including Byron Scott, have said she deserves to one day be the first female head coach in the NBA.
Hammon has yet to publicly comment on Tuesday's ruling.
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Alec Baldwin Shaves Off 'Rust' Beard ... Celebrates Final Day On Set
Alec Baldwin is officially wrapped on "Rust" ... following the production screeching to a halt with the death of cinematographer Halyna Hutchins -- and the actor's sending off the project with a clean shave.
Baldwin showed off his back-to-normal look late Monday night, writing, "God, it felt good to shave off that beard…" You'll recall, the actor was rocking a ton of scruff for the low-budget Western.
He also gave a shout-out to his costar Patrick Scott McDermott, who's previously been featured on an episode of "Chicago Med" and a 'Please Don't Destroy' sketch on 'SNL' ... and it sounds like Alec's singing his praises.
As you know, production of the film stopped completely after the fatal shooting of Hutchins back in October 2021. It was unclear for a while if they'd even finish the movie, but production was up and filming again last month.
The crew high-tailed it out of New Mexico, where Hutchins' death took place, and relocated to Montana to finish up -- finding what appears to be an identical Western town.
4/28/23
We've seen production going down out there in its final weeks, including Alec's character being marched to the gallows for what seems to be the gunslinger's death.
We also saw him handling firearms out in Montana, which was eerie, considering the tragedy of Halyna's death.
Of course, Alec had always denied pulling the trigger on the prop gun, which discharged and killed Hutchins -- and prosecutors dropped the involuntary manslaughter charges against the actor before filming picked up again.
Looks like "Rust" is in the can, and it will be interesting to see what kind of attention it gets once it's ready to be shown to the world.
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Jimmie Allen Ice Cream Collab Seemingly Dropped ... After Rape Allegations
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Jimmie Allen's sweet deal with a "Shark Tank" powered ice cream company is apparently out the window ... this following recent rape allegations made against him.
Here's the deal -- it was announced back in March that the country singer was partnering up with The Frozen Farmer, a farm-fresh ice cream company backed by Lori Greiner and featured on the deal-making series.
Jimmie collabed with the biz and came up with Miss Angie's Peach Cobbler Frobert, inspired by a recipe from his mom of the same name ... but if you check out the company's page, the dessert is nowhere to be found and the social media posts promoting it have been deleted.
The pints were jam-packed with references to Jimmie's background, like a pic of him and his mom on the cover or the number 15 on the lid -- the number his dad wore when he played baseball. However, it looks like it's simply in his rearview mirror at this point.
As we reported, Jimmie's being sued by his alleged former business manager, who claims he raped her while she was working for him.
Jimmie Allen Sued By Former Manager, Accused of Rape
She says he continued to amp up the sexual harassment during her 18 months on the job ... before ultimately being fired from the company that employed her.
Jimmie told us the woman's claims have "no truth to them whatsoever" and alleges she hired a lawyer to ask him for money only after their 2-year consensual sexual relationship ended.
We've reached out to The Frozen Farmer and Jimmie's rep for comment ... so far, no word back.
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Hollywood Writers Strike 'Pay the Writers, You AI-Holes' ... Banner Flies Over Studios
Hollywood writers striking for fair pay and protections against artificial intelligence are getting some air support ... in the form of a funny banner flying over the major studios.
The banner reads ... "Pay the writers, you AI-Holes" ... and on Monday, a small plane towed it above Amazon, CBS, FOX, Netflix, Paramount, Sony, Universal and Warner Bros.
On the ground, writers continue to pack the picket lines as the strike enters its third week ... with neither side showing signs of ending the stalemate.
The strike is definitely getting ugly ... in addition to the airplane banner, a massive, inflatable rat popped up outside Amazon Studios ... the huge rodent is holding bags of money, wearing a tuxedo and smoking a cigar. The messaging here is anything but subtle.
As for who is funding the plane and the banner ... we're told the money is coming from donations from various unions supporting the striking writers.
Artificial intelligence is a hot-button issue in Hollywood, with writers seeking guardrails so their jobs and livelihoods aren't negatively impacted by the recent AI innovations.
Remember ... "Meet the Fockers" screenwriter Jim Herzfeld says AI jokes suck, and we're willing to bet ChatGPT didn't come up with this airplane banner!
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VILLAGE PEOPLE SINGER QUIT SINGING MY SONG, TRUMP ... Macho Man Is Nacho Man!!!
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11:39 AM PT -- Trump's high-powered attorney, Joe Tacopina, tells TMZ, "I will only deal with the attorney of the Village People, if they have one, not the wife of one of the members. But they should be thankful that President Trump allowed them to get their name back in the press. I haven’t heard their name in decades. Glad to hear they are still around."
Donald Trump loves the Village People, but the feeling is apparently NOT mutual ... and now the band's lead singer is demanding Trump stop hiring impersonators to perform the band's iconic songs at Mar-a-Lago.
The wife of Victor Willis -- lead singer of the Village People -- fired off a legal warning to Trump, telling him to stop confusing people into believing they endorse him for president, which they claim Trump's doing with his entertainment choices.
The cease and desist letter, sent Monday and obtained by TMZ, comes on the heels of viral videos showing Trump dancing to a Village People tribute band at his Florida resort.
Willis says ever since the video of Trump dancing to "Macho Man" went viral on social media, the Village People have been flooded with questions from fans wondering if they endorse Trump.
The band says it's not them in the video, but rather a bunch of impersonators dressed like them ... and they say they never gave Trump permission to use the group's image and likeness at Mar-a-Lago.
According to the letter, Willis has "tolerated" Trump's use of Village People music in the past, but it sounds like the Mar-a-Lago concert is crossing a line ... so Willis is now demanding Trump stop using the band's images and music going forward, and threatening a lawsuit if Trump and his campaign don't comply.
We reached out to Trump's legal team ... so far no word back.
Originally Published -- 10:38 AM PT
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KSI Joe Fournier Appealing Loss After Controversial KO
Joe Fournier is officially appealing his loss to KSI ... just two days after the YouTube star scored an (albeit controversial) knockout victory over the English businessman/boxer, the Professional Boxing Association announced Monday.
The PBA confirmed it received a request from Fournier to review/appeal Saturday night's decision at London's Wembley Arena ... a fight he lost by second-round knockout. However, Fournier says he was put down by an illegal strike, an elbow, not a punch ... and therefore he shouldn't have lost the fight.
Joe Fournier has officially appealed his KO defeat to KSI, per the PBA pic.twitter.com/C0ZkMRPVsw
— Happy Punch (@HappyPunchPromo) May 15, 2023 @HappyPunchPromo
Now, representatives for Fournier and KSI will have an opportunity to go before the PBA and state their cases as to why the result should or should not be changed after the fact.
Moments before KSI's elbow came into play, he landed a looping right on Fournier's ear, a punch that appeared to wobble JF. Then, just seconds later, 29-year-old KSI sent Joe crashing to the floor.
Question is, was the strike legal? Fournier believes no.
After the fight, KSI tweeted that the outcome was inevitable, but he did acknowledge there was "unintentional contact made with his forearm" during the contest.
Fournier's appeal doesn't come as a surprise. We won't have to wait long for a decision ... the PBA said it expects to rule by Friday.
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Kim Kardashian Let's Start Reading Horrific Lines!!! ... 'AHS' Script in Hand
Kim Kardashian's ready for her close-up, and is one step closer to getting on camera in one of the biggest and most popular shows on TV ... 'cause she's got her lines at the ready.
Check out these photos that were taken Friday, which show KK heading into a meeting in Beverly Hills ... with something of note in her arm. That would be the script for the new 'American Horror Story' season, in which Kim has been cast as a major character.
BTW, it doesn't just look like a generic script or outline ... this appears to be the script for a specific episode in the upcoming 12th entry of the series, which has been dubbed 'Delicate.'
On a zoomed-in shot, you can see it's been watermarked as Kim's copy -- and you can even make out a bit of the title of this episode. To us, it seems to read ... "When the Bough Breaks," and it has the lead writer's name featured (Halley Feiffer), as well as the director.
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As we reported ... Kim was announced as being attached to 'AHS' last month, and she'll be acting opposite Emma Roberts ... among other cast members. Her exact role hasn't been declared just yet -- but there's a hint based on the source material, a forthcoming novel.
The book that this season is said to be based on is called "Delicate Condition," by Danielle Valentine. It's described as a story about an expecting mother who becomes convinced evil forces are trying to torpedo her pregnancy ... almost in the vein of "Rosemary's Baby."
Some have speculated Kim might be playing the pregnant mom, and that Emma could perhaps play another villain-adjacent character. Cara Delevingne was also recently cast.
BTW, if you're wondering how 'AHS' is moving forward amid the writers' strike ... it would appear Ryan Murphy and co. might already have some scripts in the can. When Kim was first tied to the new season, the word at the time was production was scheduled to begin shortly thereafter ... and that a summer premiere was likely, with an exact date upcoming.
In other words, it doesn't look like the strike will affect the schedule -- and it's likely that the entire season is already written, evident in Kim's appearance here. Feiffer, who's writing all episodes for 'Delicate,' doesn't appear to have publicly commented on the WGA standoff.
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President Biden Cringe HBCU Comment During Howard Commencement
President Biden's heart might be in the right place, but his mouth is often somewhere else -- which was seen again Saturday ... this while addressing Howard University graduates.
POTUS was tapped as the key commencement speaker during the college's graduation ceremony this weekend, and there's one remark he made during his speech that's getting a little side-eye ... both due to his delivery and perhaps even his not-so-veiled intention.
Joe was talking about white supremacy, which he says is the most dangerous terroristic threat to America ... and encouraged everyone to stand up against it. Nothing wrong there in and of itself; however ... what he said afterward got some double takes, especially online.
You can tell he went off script a bit when he added ... "And I'm not just saying that because I'm at a Black HBCU. I say (it) wherever I go." There were some chuckles in the crowd.
Of course, HBCU stands for Historically Black College and University ... so there's no need for an extra descriptor to emphasize that it's a Black institution -- it's already in the acronym. On its face, this just a typical and innocent Biden gaffe ... not the end of the world, really.
The bigger issue, it would seem, is the fact that he felt the need to specifically mention he wasn't just saying this because he was at an HBCU, with a predominantly Black student body and faculty. Of course, you could argue that's (probably) exactly why he's mentioning it in this setting ... and that this whole thing comes across as pandering and kinda empty.
BTW, this isn't the first time Biden's put his foot in his mouth when it comes to talking to or about Black people -- there've been several instances over the past few years where he's made some eyebrow-raising remarks... which have all gotten backlash to varying degrees.
The one that comes to mind for many is when he said during a 'Breakfast Club' interview that any Black person who had trouble deciding between him or Donald Trump in the 2020 election ... wasn't Black. Charlamagne tha God pushed back on that and said it had nothing to do with Trump, arguing JB wasn't guaranteed a vote just because he wasn't Trump.
Another one bites the dust.
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'Aladdin' Star Mena Massoud Scrubs Twitter After 'Little Mermaid' Comment, Backlash
Ariel the mermaid just pounded real-life Aladdin into submission -- or, more accurately, her fans did ... this after the dude juxtaposed his flick with hers, which pissed a lot of people off.
Mena Massoud -- who played everyone's favorite street rat in the 2019 live-action adaptation -- just scrubbed his Twitter account due to a mountain of backlash he received Saturday for chiming in on the future box office prospects of Halle Bailey's new 'Little Mermaid' movie.
‘THE LITTLE MERMAID’ is tracking to earn $115M on its domestic box office opening weekend.
— The Hollywood Handle (@hollywoodhandle) May 12, 2023 @hollywoodhandle
In comparison, ‘ALADDIN’ earned $112M on its opening. pic.twitter.com/vpIoYcYcQ2
He was responding to an account that was reporting on how much 'TLM' was slated to make in its opening weekend -- about $115M, which it then compared to the $112M 'Aladdin' made in its opening weekend run. Mena had some thoughts on that ... some took it as shade.
MM wrote, "Our film was unique in that audiences went to watch it multiple times. It's the only way we reached the billion dollar mark with our opening." "Aladdin" went on to make $1.054 bil internationally ... and its initial box office numbers were considered a big win.
Then came a remark that got Mena attacked. He followed up and said, "My guess is TLM doesn't cross the billion mark but will undoubtedly get a sequel." Unclear if he followed that up with any clarification on what he meant -- but this alone got Halle fans up in arms.
You can hop into the "Aladdin" trend yourself and see what they're saying ... but basically, the reaction wasn't good. Some felt Mena's comment here was a cheap shot and suggesting 'Little Mermaid' wasn't actually worthy of any future success, including a possible sequel.
Others are also saying that Mena sounds a little salty over the fact that he hasn't been cast in much post-"Aladdin" -- and that he's still hung up on the criticism that movie received ... and there was a lot. Bottom line ... he was getting dragged through the coals over this.
As a result, Mena appears to have deleted his account. The OG Twitter comment is gone, and his page is inaccessible now ... so it seems the discourse may have gotten to him.
Part of the reason for this fierce response to his apparent slight might have to do with the fact that 'TLM' has been in the crosshairs of haters from day one ... ever since they announced Halle, a Black woman, would be cast -- which got a ton of flak in and of itself.
People are coalescing around this movie and hoping it does numbers, because of the larger implications -- namely, more POC getting cast in iconic roles ... and a shift in Hollywood.
What this Mena saga proves ... anyone who's perceived as taking a shot at it just for the hell of it can and will get the digital smoke. 'Mermaid' defenders are out in force right now.
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Kanye West I'm Not Done Yet ... YZY 'Sock Shoes' Coming Soon???
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Kanye West has lost his appeal with a lot of people and companies ... but that doesn't mean he's stopped creating, as evidenced in a recent trademark filing.
Ye's Mascotte Holdings Inc. recently filed for "YZY SOCK SHOES." The documents, obtained by TMZ, were submitted May 4 -- and while there's not a whole lot of detail -- there is an identification that reads, "Socks; socks with leather soles."
Of course, Kanye's no stranger to shoe design ... and he was actually spotted wearing what appeared to be a sock shoe-type design back in 2019, so it's possible he's bringing the product to the masses.
As for a retail partner, that's where Ye might have some troubles ... as you know, Adidas cut ties with him after his countless attacks on Jewish people and his praise of Hitler.
He could always sell through his Yeezy brand, but it's currently unknown what sort of infrastructure still remains behind the scenes of the company.
Earlier this week, Adidas announced it planned to sell off the remaining $1 billion+ in Yeezy shoes it still has in stock -- Kanye will get 15% of sales -- and some of the money will also go to charities.
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Dwayne Johnson Makes His 'Fast & Furious' Comeback ... After Dragging Vin Diesel, Shutting Down Return
Dwayne 'The Rock' Johnson is a part of "Fast & Furious" franchise once again ... despite previously claiming he's permanently put the brakes on when it comes to Vin Diesel's flicks.
Spoiler alert, folks -- but according to TheWrap, Dwayne makes an appearance in a post-credit scene for the latest installment, "Fast X," which hits theaters next week. It's unclear exactly what goes down, or who he appears with, but it's safe to say good ol' Luke Hobbs isn't done drivin' fast cars.
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It's a shocking cameo, though ... because as we reported, Dwanye wanted nothing to do with the franchise back in 2021 after Vin publicly begged him to come back to the 'Fast' family -- asking Dwayne to "not leave the franchise idle you have a very important role to play."
Dwayne called him out soon after, telling CNN the Instagram plea was just a bunch of "manipulation" -- adding he spoke to Vin privately about his decision and there was absolutely "no chance I would return."
Of course, there was some bad blood between the 2 over the years on set ... with Dwayne saying some of his male costars on those movies -- with all signs pointing to Vin -- didn't act like "true professionals."
Can you smell what the Rock is cookin'? Cuz it smells like some embarrassing backtracking.
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Kenyon Martin Slams Julius Randle ... Don't Kiss Your Wife After Games!!!
Kenyon Martin has a bone to pick with Julius Randle ... and it's a weird one -- the former NBA star says it irks him when the Knicks forward kisses his wife after playoff games.
Martin unleashed the bizarre tirade against Randle on the "Gil's Arena" live stream on Thursday ... hours after the NY star was seen smooching Kendra Randle following the Knicks' Game 5 win over the Heat.
"I saw something last night at the end of the game and it bothered me," Martin said on the show. "We just got done playing a hard-fought game in a playoff series, and the first thing you do is you go kiss your wife."
"Like," he added, "that's the first thing you do?! Where's your mind at?!"
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Martin said Julius should have been more focused on celebrating the victory at Madison Square Garden with his teammates ... instead of loving on his significant other.
"I'm sitting there watching the game with my wife, and I'm like, 'I love you to death,'" the 15-year NBA veteran said, "'but ain't no way in that instance I'm going to walk over. I'm going to be with my guys -- we just got done winning. I'm not even thinking about you.'"
For what it's worth, there weren't many others on the show that seemed to agree with Martin's take ... they pointed out to the 45-year-old that Kendra is Julius' most ride-or-die supporter, and deserves the postgame love.
Either way, doesn't seem Julius will ever stop the kisses despite Martin's opinion of it all ... he's been finishing games this way for years -- and, given that the Knicks are only two more wins away from the Eastern Conference Finals, seems it's working just fine for him.
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LSU Star Flau'jae Johnson Removes 9/11 Lyrics From Rap Song
11:56 AM PT -- Flau'jae Johnson has just re-released the "Put It On Da Floor" remix -- but it now no longer contains a reference to 9/11.
Let’s tryna this again… 4️⃣
— Flaujae 4️⃣ (@Flaujae) May 12, 2023 @Flaujae
Flaujae- Clickbait
🎥@slickthashooter #SpreadLove 🤍 pic.twitter.com/eCKBEc0xwU
Instead, the new version features the line, "Know I put something on it, watch my movements like I'm bowels."
LSU women's basketball star Flau'jae Johnson is breaking her silence on her 9/11 rap lyric controversy ... apologizing for her song -- and vowing to do better moving forward.
Johnson was initially hit with backlash earlier this month ... when she made a reference to the Twin Towers in her remix to Latto's hit, "Put It On Da Floor."
In the tune, Johnson sang, "In this 911 blowing smoke just like them towers." The bar was a double entendre -- it was a play on riding in a Porsche ... and the 2001 terrorist attack that killed more than 2,000 people.
"In this 911 blowing smoke just like those towers." - Flau’jae Johnson.
— David Hookstead (@dhookstead) May 9, 2023 @dhookstead
Take a bow @LSUwbkb. A player on your team mocked those who died on 9/11 by comparing it to a Porsche.
Disgusting. I know people who still struggle to sleep at night because of what they did in war after… pic.twitter.com/AFmw2zK6mf
Many on social media called her out over it all -- saying it was insensitive ... and in an Instagram story video late Thursday night, Johnson finally addressed the issue.
"I just want to come on here and let ya'll know by no means would I ever intentionally try to disrespect or offend anyone," said the 19-year-old, who has a legitimate budding rap career off the basketball court.
"My whole goal in music is to push positivity and spread love. So, in no way shape or form would I ever intentionally try to disrespect or offend anyone."
LSU previously commented on the song earlier this week, saying Johnson "expressed sincere remorse for any possibility of a misunderstanding." The school added that the song's music video has since been pulled from the internet.
Johnson -- who wasn't born until 2003 -- insisted she'll "learn from this moving forward."
"I just thank ya'll for ya'll continued support," she said.
For more, tune into the TMZ Sports Podcast, available on all podcast platforms!
Originally Published -- 6:11 AM PT
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Dan Snyder Out As NFL Owner ... Sells Commanders To Harris, Magic
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It's official -- Dan Snyder is selling the Washington Commanders ... and he's handing over the reins to Philadelphia 76ers owner Josh Harris, NBA legend Magic Johnson and David Blitzer.
Both sides confirmed the move on Friday ... announcing they have entered a purchase and sale agreement.
As previously reported, the final price tag for the franchise was $6.05 billion -- shattering the record for an American franchise sale.
All NFL owners will now have to vote on the transaction ... but it's expected to be approved without issue.
Dan and Tanya Snyder said they are both "very pleased" with the outcome ... especially considering Harris is from the area.
"We look forward to the prompt completion of this transaction and to rooting for Josh and the team in the coming years," the Snyders said in a statement.
Magic -- who also has ownership in the Los Angeles Dodgers, Sparks and LAFC, also addressed the big move ... saying, "I could not be more excited to be a partner in the proposed new ownership group for the Washington Commanders."
Congressional Committee Blasts NFL, Commanders, Accused Of Obstructing Investigation
"Josh Harris has assembled an amazing group who share a commitment to not only doing great things on the field but to making a real impact in the DMV community. I’m so excited to get to work on executing our vision for the Commanders and our loyal fanbase!"
It's a great day for Commanders fans -- most have been hoping for this day for years as Dan's tenure was riddled with controversy.
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NYC Subway Rider Death Marine Arrested For Strangling Jordan Neely ... Charged With Manslaughter
9:38 AM PT -- Daniel Penny has been released on $100,000 bail.
8:16 AM PT -- Daniel Penny was just seen exiting the police station in handcuffs.
Daniel Penny has just been criminally charged in the death of NYC subway rider Jordan Neely, who died after Penny put him in a chokehold on a train.
The Marine vet surrendered to police at a Manhattan station house Friday morning and was booked on a charge of second-degree manslaughter. After posing for a mug shot and getting fingerprinted, Penny will go before a judge to be arraigned on the felony charge in criminal court.
His attorneys from the law firm Raiser & Kenniff issued a statement Thursday night, saying they were "confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing."
Daniel Penny has officially turned himself in to face a second degree manslaughter charge for the killing of Jordan Neely after a minutes long chokehold on the New York subway. pic.twitter.com/g1M756waHk
— Omar Jimenez (@OmarJimenez) May 12, 2023 @OmarJimenez
Penny was a passenger in a subway snaking through the Manhattan underground on May 1 when he and other riders encountered Neely, who was allegedly in the throes of a mental health episode. Penny's lawyers say Neely was aggressive and threatening.
Neely was reportedly screaming that he was hungry and thirsty and didn't care if he went to jail. He also allegedly ripped off his coat and threw it on the ground.
In what he says was self-defense, Penny placed Neely in a chokehold while a witness started filming. Over the next several minutes, Penny and Neely grappled on the floor until Neely's body went limp and he was pronounced dead.
The medical examiner ruled his death a homicide due to "compression of neck."
Originally Published -- 5:18 AM PT