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Silver Alert Issued for 3-Year-Old New Haven Boy

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Police have issued a Silver Alert for a 3-year-old New Haven boy who has been missing since early April.

The Silver Alert for Tristian Rathburn says he has been missing since April 4.

Police also issued a Silver Alert for 32-year-old Lauren Wojtusian who has also been missing since April 4.

Tristian has brown hair and brown eyes.

Lauren Wojtusian is 5-feet-6 and has black hair and brown eyes.

No additional information was immediately available.

Anyone with information is asked to call New Haven Police at 203-946-6321.



Photo Credit: Silver Alert
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Officer Exposed to Fentanyl in Old Saybrook

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A police officer was exposed to fentanyl while searching a vehicle in Old Saybrook on Tuesday and has been released after being taken to the hospital. Police said they have arrested one person on drug charges after the incident.

Police said they were called to the back of a market on Main Street to investigate a suspicious person around 10 a.m. and a man told the officer that he had just dropped off an employee and was looking to speak with the person again, according to police.

He had drug paraphernalia on his person and was detained, according to police. Then a police dog alerted the officer that there might be drugs present and the patrolman instantaneously became ill while searching the car, according to police.

He was immediately treated at the scene and taken to Middlesex Health-Shoreline Medical Center in Westbrook. Police said the officer was released after medical treatment.

Police arrested Stephen Allen Johnson, 36, of Old Saybrook, who was charged with several narcotics violations, police said.

Fentanyl is a very dangerous drug that can lead to death, police said.

“We’re hearing stories upon stories across the state and across our great nation of people being exposed and dying from exposure to fentanyl,” Spera said.

No additional information was immediately available.



Photo Credit: NBC Connecticut and Old Saybrook Police

Trump Expected to Name Ken Cuccinelli to Top Immigration Role

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Former Virginia Attorney General Ken Cuccinelli is expected to be named President Donald Trump's "immigration czar," overseeing the administration's immigration policies from the Department of Homeland Security, NBC News reported.

A White House official didn't clarify what Cuccinelli's title or official job responsibilities would be, but the announcement could come within the week.

Trump has been discussing appointing an "immigration czar" for months, and was also considering former Kansas Secretary of State Kris Kobach. But Kobach reportedly had a list of requirements, including access to the president and to a government plane.

Cuccinelli has been seen as an immigration hardliner, sharing the president's views on border security. But he was a strong critic of Trump during the Republican primary.



Photo Credit: Andrew Harnik/AP, File

33-Year-Old Woman Considered 'At Risk' Reported Missing from West Haven: PD

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A 33-year-old woman who police said is considered "at risk" has been reported missing from West Haven on Tuesday.

Police said Vanessa Majias is 5'6" and 150 pounds with shoulder-length brown hair. She was last seen wearing blue jeans and a peach or pink-colored top.

Majias lives in West Haven and was last seen around 4 a.m, authorities added.

According to officers, Majias is considered "at risk" and a Silver Alert is being activated, as well.

Anyone with information about Majias' whereabouts is asked to call West Haven Police at (203) 937-3900.



Photo Credit: West Haven Police

Woman Sold Drugs That Caused Fatal Overdose: Torrington PD

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A Torrington woman is accused of selling another woman heroin that led to a fatal overdose.

Torrington police arrested 27-year-old Chelsey Birden Monday.

The investigation began when police were called to Thompson Heights on January 29. There they found a woman who had overdosed on heron. She died at the hospital.

Investigators believe Birden sold the heroin that caused the victim’s death.

Birden was charged with sale of narcotics. She was held on a $100,000 bond and due in court Tuesday.



Photo Credit: Torrington Police Department

Police Investigate Vandalism at Cornerstone Aquatics Center

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Someone smashed their way into the Cornerstone Aquatics Center in West Hartford, according to police.

A maintenance worker found the front door of the building at 55 Buena Vista Road smashed with a rock around 11:50 p.m. Monday and called police. When officers arrived, they found several smashed windows. Police said it appears the suspect, or suspects, had tried to pry open a register drawer.

Nothing was reported stolen.

Police are investigating.

Steel Companies Feeling Hurt From Trade Dispute With China

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Connecticut, like so many other states, is heavily reliant on exports to China.

In all, Connecticut’s economy provides an estimated $1.5 billion in exports, with $900 million of that coming in the form of goods.

Doug Barry, with the U.S. China Business Council, which boasts numerous Connecticut employers as members, says the state has a lot to lose if the tariffs remain in place, and the trade dispute continues.

"Connecticut is a shining example of the growth of that trade because the trade with China over the last 10 years has grown by 111 percent versus about 20 percent to other parts of the world,” Barry said.

In all, more than 8,000 jobs are directly dependent on trade with China.

"In the case of Connecticut, the exports are in the value added side. A lot of technical goods are going to China, they have a lot of value added in them. They generate a lot of employment in the State of Connecticut. They are going to be adversely affected by the 25 percent tariff."

One company directly dealing with the fallout is Ulbrich Steel. The company is a steel and metal manufacturer with operations in Wallingford, but it also has offices all over the world.

CEO Chris Ulbrich says the biggest issue with tariffs is the lack of predictability.

“I think that's one of the hardest things that's outside of our control, like 9/11, you know,” Ulbrich said during an interview last week. “And our business went down 60 percent, the tariffs, out of our control and things happen that we have no control over, and our employees don't have control over."

Ulbrich produces specialized steel products for many different industries including medical devices, cell phones, and the aerospace industry. Ulbrich metals were used in knives during World War II, and were on two LEMs that landed on the moon. The steel has also been used on SpaceX aircraft.

Chris Ulbrich says he has seen domestic manufacturers increase their prices, and Ulbrich as a company has had to both absorb the 25 percent tariff in some cases on imports from China, and pass it on to customers. Ulbrich says he had long conversations with vendors and customers about the issue. He says he’s starting to notice a shift.

“It's just really starting right now that automotive is slowing down, some of the key economy is slowing down. Some of the auto parts people have 20 plants so now they're saying, you know what? let's shit some machines around to different countries and we can avoid some of these tariffs.”

Ulbrich says his company will weather the storm because they have diversified, but he said he keeps wondering if more will impact his business.

“How do we control things and how do we readjust, readjust our business."



Photo Credit: NBC Connecticut

Impeachment Talk Intensifies as McGahn Skips Hearing

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The debate over whether to open an impeachment inquiry against President Donald Trump intensified among House Democrats on Tuesday as former White House counsel Don McGahn defied a congressional subpoena to provide testimony, NBC News reported.

“There’s a growing understanding that the impeachment process is inevitable — when, not if,” said House Budget Committee Chairman John Yarmuth, D-Ky.

Rep. Alexandria Ocasio-Cortez, D-N.Y., who has signed onto a resolution that calls for the House Judiciary Committee, to look into whether to launch impeachment proceedings, told NBC News’ Kasie Hunt on Tuesday, “I believe we have come to a time of impeachment."



Photo Credit: AP

Watch: Snake Climbs Into Roof of Farmington Home

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If you live in suburban Connecticut, especially in a wooded area, deer, fox, coyote and even bear sightings are relatively common, and some might say, interesting. But snake sightings usually get a different response.

“We had an unexpected visitor. An unwelcome visitor. A giant black rat snake,” explained Linda Bertolette of Farmington.

Bertolette has seen snakes in her yard before. On Monday however, an estimated 7-foot black rat snake was dangling from her roof. All while her teenage daughter was peering out the window.

The moment was caught on videotape as the teenage girl recorded the moment, later posting on social media.

“I was appalled at the size of it and how aggressive it was,” added Bertolette. “It looked like a video that was taken in the Amazon jungle not in Connecticut.”

The snake recoiled to the roof before disappearing, leaving the Bertolettes to wonder – throughout the night – where it might be.

“You go to bed at night and you’re listening for slithering if you can even imagine that noise,” said Bertolette. “I was ready to bail. I was pretty much ready to put the house on the market.”

An exterminator inspected the home Tuesday morning but no snake was found.

“Ever since the exterminator came and assured me that it did not make a home in our attic and that the roof is tight and he couldn’t find any holes I feel much better about the whole thing,” said a relieved Bertolette.

Black rat snakes are non-poisonous and known as good climbers. They live in fields, woodlands and farmlands around Connecticut communities like Farmington. However, exterminator Shane Daniotti of Tolland says they are not a serious threat.

“They’re non-poisonous. They’re actually good for the environment,” he says. “They’re very pretty snakes and you just kinda have to live with them.”

Lamont Releases Working Draft of Tolls and Transportation Plan

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Gov. Ned Lamont has released a working draft of his transportation investment plan, which includes more details on the tolls proposal and highlights the priorities for improvements on Connecticut’s major highways.

The governor is proposing a special session focused on transportation and economic development, and released his working plan ahead of that session.

The governor is proposing tolls along Interstates 95, 91, and 84 and parts of Route 15. He says the improvements needed to the state's infrastructure can only happen with revenue from tolls.

The rates would be set at 4 and a half cents during peak driving hours and 3 and a half cents during off-peak. He also proposes the creation of a commission controlled by lawmakers that would oversee rates and how toll revenues would be distributed.

That commission would decide on the specific locations for tolls.

The plan also highlights several key projects to be addressed, including improvements to the viaduct on Interstate 84 in Hartford, improvements to the Mixmaster on Interstate 84 in Waterbury, improvements to the interchange between Interstates 84 and 91, improvements to Interstate 95, and improvements to the Hero’s Tunnel in New Haven, among others.

Lamont said getting a balanced budget on time is the most important issue right now, and that the transportation special session will be a chance to come up with a bipartisan plan that works for the state.

“I’ve also met with Republican leadership and I have invited them to the table in our special session,” Lamont said in a statement. “They agree that the current state of our infrastructure system should not be a partisan problem, and I welcome and encourage their participation in this special session.”

“I will speak on behalf of the House Republican Caucus we’re still and will continue to be adamantly against tolls," House Minority Leader Themis Klarides said Tuesday night.

Republicans argue there are better and more responsible ways to find the cash for transportation.

And they believe the idea of a special session is a sign there’s not enough support for tolls right now.

“They still can’t get tolls passed. There’s a reason for that. The people of this state have spoken. They do not want them," she added.

Lawmakers are running out of time, with just two weeks left to pass a budget.



Photo Credit: NBC Connecticut

East Haven Teen Performs Life-Saving CPR on His Mother

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An East Haven teenager is being credited with saving his mother's life when she went into cardiac arrest while the family was in upstate New York for a wrestling tournament.

"I don't picture myself as a hero," 16-year-old Vincenzo "Enzo" Bunce said. "I just I picture myself as someone who just knew what to do and had the training.”

Bunce learned CPR in an East Haven High School health class.

“It’s not a certification, but it’s a way to educate the kids,” head athletic trainer Marc Aceto said.

Aceto teaches students how to perform chest compressions to the tune of the timeless Bee Gees' song, "Staying Alive."

“Sometimes, I’m up in the middle of class singing the song out loud, you get a few chuckles," Aceto said, "but they understand the rhythm of how to get the heart going, to do the compressions on the CPR.”

This past Friday morning Bunce and his family checked into a hotel for a club wrestling tournament in Lake Placid.

“My mother ,she was complaining that her heart was racing and then she sat down for a second then next thing I knew it I looked away for a second she was on the floor,” Bunce said.

Maria Bunce went into cardiac arrest. Bunce's dad dialed 911.

“I put her on her back so she can breath easier and I started chest compressions,” he said.

While humming "Staying Alive" in his head, Bunce put his training to use.

"I was terrified but I was calm at the same time, the training just kicked in and the adrenaline,” he said.

Bunce said he performed chest compressions for about 90 seconds until professional emergency personnel staying in town for a convention arrived. His mother was revived and she checked into a hospital.

“She told my friend’s father to tell me to wrestle my best and not to worry about her,” Bunce said.

Following tough defeats and a forfeit win on Saturday, he saved his best effort for the final of five wrestling matches Sunday afternoon.

"This is my last chance to win a match for my mother,” Bunce said.

It was dominating victory.

“I ended the match in less than 30 seconds,” he said.

“His compassion, his love for the sport, his love for his mother, his family, how strong he his and how mature he is at 16 to be able to do what he did, its unspeakable,” Aceto said.

Bunce said he just hopes more high schools start to offer the same type of training.

“So they can help save their parents' life, another person’s life,” he said.

Bunce's mother is still in recovery after being transferred to Yale-New Haven Hospital.

Bunce told NBC Connecticut he's also received CPR training from the East Haven Fire Department explorer program for youth from the town.

With the goal of becoming a firefighter and paramedic, maybe Bunce will help save more lives in the future.



Photo Credit: NBC Connecticut

Dressbarn Closing All Stores

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Dressbarn was founded in Connecticut nearly 60 years ago, and now shoppers are devastated to hear that its closing all of its doors for good.

“I’m just devastated this is the one place where I can find jeans that fit me and I just feel so sad,” said Jackie Doyle from Enfield.

On Monday, Ascena, the company that owns Dressbarn and other brands like LOFT, Lane Bryant and Ann Taylor, announces it’s closing all 650 of its Dressbarn and Roz & Ali stores, saying in a press release that they want to focus on their most profitable brands.

Fred McKinney from Quinnipiac University’s School of Business says the closure does not come as a surprise.

“Retail is in a terrible situation right now, I mean, it’s not just Dressbarn, it’s across the board,” McKinney said.

Customers are noticing it too.

“Enfield is losing every time we turn around,” said Judy Schutz from Enfield. “That’s the only clothing shop here, there’s no Macy’s, there’s no J.C. Penney’s, there’s no individuals. They are the only ones here.”

“I was a little bit surprised, actually,” said Brianna Dirico from East Longmeadow, Mass. “I don’t know where everybody’s gonna go shop, everything’s online now.”

McKinney says if you want to make the most of the sales, don’t wait.

“Go and buy what you want and you’ll probably get a few percents off now. You may get a few percents more later, but what you want may not be there.”

McKinney says the “Amazon Effect” and a trade war with China are the reason so many retailers are closing their physical storefronts.

“Consumers are now used to rolling out of bed, looking on their cellphone, picking out a nice pair of shoes, pushing send, and receiving those shoes the next day,” McKinney said. “A lot of this is companies at the highest level nipping it in the bud and realizing that the $20 or $25 dress that they bought from China is now going to cost 40 bucks and they’re not going to be able to raise the price that much because you’ve got Amazon out there who can buy it for less and deliver it to you.”

He says it makes sense for a company like Ascena to focus its resources on its more profitable lines.

“There’s gonna be a move towards strength, and so companies that have multiple lines and multiple brands are going focus on those brands that are going be most immune from the changes that are taking place.”

While online shopping may be taking over, some say it’s just not the same as shopping in-store. Gina Fasser in Suffield is one of them.

“You can actually go to and try on clothes and have that experience,” said Fasser. “So many times you buy things online and they don’t look anything like you think they’re going look like, so it’s unfortunate.”

Lamont Pushing Back on Paid Family Medical Leave

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One place where House and Senate Democrats and Gov.Ned Lamont agree is that they want to provide Paid Family and Medical Leave to Connecticut residents. The issue is what the program would look like and how it would be administered.

Multiple sources in the Connecticut Senate told NBC Connecticut that they plan to debate and likely vote on the issue of Paid Family and Medical Leave on Wednesday. The bill would have the state Department of Labor administer the program, which is contrary to Lamont’s position that he wants to cost compare with private operators.

“I just want to make sure they don’t put something forward that has such a top-heavy bureaucracy that makes it too cumbersome to get this $400 million program going,” he told NBC Connecticut during an interview Tuesday.

The executive branch and the legislative branches appear to agree on some of the basics. The PFML program would be funded through a .5 percent payroll tax on every employee in the state of Connecticut, public and private. That fund would then be used to pay for an individual to take up to 12 weeks off from work to help care for a loved one, care for a newborn child, and events of a similar nature.

Lamont has not made any threats of a possible veto, but he wants to at least see an option to use a private vendor.

“I want this done in the most efficient and high quality way possible and if that’s a public entity does it, that’s great, and if a private entity does it, I’m not going to deny taxpayers the opportunity to have the most efficient way to deliver paid family leave.”

Car Collides with SUV in Enfield After Police Pursuit

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Three people were taken to the hospital and part of Route 190 in Enfield is closed due to a crash just moments after a police pursuit ended, according to police.

Connecticut State Police said the situation began when a driver hit some Massachusetts State Police cruisers and took off. Masschusetts State Police followed the car until it crossed the Connecticut border, then broke off and issued a BOLO for the vehicle.

Two hours after that chase ended, Connecticut State Police spotted the vehicle in the Ellington/Somers area and gave chase.

"In talking to witnesses, the suspect vehicle tried to go around traffic, narrowly missing two people pulling out of the parking lot … and unfortunately having a head on collision," explained Sgt. James Held of the Enfield Police Department.

The crash happened on Route 190 near Taylor Road in Enfield.

Enfield police said the suspect's vehicle,a silver Honda Accord, collided with an Acura SUV. A 29-year-old woman and her 5-year-old son in the Acura were taken to the hospital with non-life-threatenig injuries. The victim's sister told NBC Connecticut she suffered a leg injury.

"I mean I thank god my sister’s good. My nephew’s fine," Sarah Burgos told NBC Connecticut.

The suspect had minor injuries and was taken to Hartford Hospital. The suspect will face charges in Connecticut for evading police.

This is a developing story. Check back for updates.



Photo Credit: NBC Connecticut

Max Amore Ristorante in Glastonbury to Close

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Max Amore Ristorante in Glastonbury, part of the Max Restaurant Group, is closing for good at the end of June.

The company confirmed they would by closing the Italian eatery on June 30, and that there are plans for a new restaurant at a different location in Glastonbury.

Max Amore was opened in 1995. Max Restaurant Group Richard Rosenthal said the restaurant experience has hardly changed over the years and that it’s time to do something new.

Rosenthal also mentioned issues coming to terms on another long-term lease.

“The moment seemed right to end our hugely successful run of nearly 25 years at this location and to think about a new venture in Glastonbury,” Rosenthal said in a media release. “The new restaurant will build on the success of Max Amore but take a fresh approach that reflects changing tastes and an evolving market. True to the Max tradition, the menu will feature the very freshest ingredients.”

Max Amore employees will be offered jobs at either the new restaurant or one of the nine other Max Restaurant Group locations in the area.

Max Gift Cards will still be accepted at all restaurants and any points accrued on a Max Vantage Loyalty card are still redeemable at the other restaurants.


US Politicians Warn Silicon Valley About China

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The U.S. intelligence community wants Silicon Valley to think twice about doing business with China, NBC News reported.

Amid mounting national security concerns, Sen. Mark Warner, D-Va., said he and fellow lawmakers have held classified briefings with intelligence officials and American businesses, including major Silicon Valley and venture capital firms, to warn them about the dangers China presents.

The briefings, which began last fall, come as the U.S. is ramping up pressure on Chinese businesses amid concern over their ability to spy on American citizens and steal intellectual property.



Photo Credit: AP

Yale Students File Class Action Lawsuit Against University

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In New Haven, some women are tackling sexual discrimination head-on.

NBC Connecticut’s Keisha Grant sat down with the students spearheading a lawsuit against Yale University and its fraternities to find out why they call the culture on campus dangerous.

Anna McNeil and Ry Walker are both juniors at Yale, but they’re more than just classmates and friends – they’re young women on a mission.

"It's a class action lawsuit on behalf of all women,” McNeil explained. "I'm proud to lead this charge. "

These women are using their voices to take on a 300-year-old institution.

"Our lawsuit against Yale and the fraternities allege gender discrimination. It also alleges a hostile environment in terms of sexual misconduct and sexual harassment,” McNeil said.

They are two of three students who filed an 85-page class action lawsuit against Yale in federal court.

"We're really filing this lawsuit to try to correct the harm that so many people experience.,” McNeil said.

It’s an experience Walker said she never thought she’d encounter when she set foot on campus for the first time.

"When I first got to campus I didn't know how dominant Greek like would be in the social life at Yale,” Walker said.

"I was being touched, I was being groped without my consent in these very dark, very cramped spaces which are fueled by alcohol,” she added.

"Nothing in Yale's promotional material suggests that frat culture is as influential as it is and is as dangerous as it is,” McNeil said.

Yale’s fraternities are technically off-campus, but these students are calling for more accountability from the university.

"They've been aware of this conduct for decades and have been warned by many different people that fraternities are dangerous and have chosen to do nothing about it,” McNeil said.

A Yale spokesperson had no comment on the lawsuit, but did share a letter to students from the Dean of Yale College following a year-long review of the climate on campus and on Fraternity Row.

It condemns the culture and lays out a plan to change it, including providing more opportunities for students to socialize on campus, and an initiative to help recognize, prevent and respond to sexual misconduct.

But for McNeil and Walker, it’s too little too late.

"A big reason why we're challenging Yale in this lawsuit is we're trying to show Yale - you have an obligation to these students,” McNeil said.

“Not only is (Yale) letting down its students because it promised an environment of equal opportunity but it's also turning a blind eye to harassment that's actively happening on the campus,” Walker said.

They’d like to see Yale get even tougher, like some rival institutions have recently done. But for now, they’ll take it one step at a time, and it starts in the courts.

"Change is in the air a lot of these conversations have started to really pick up momentum in just the last couple of years,” McNeil said. "And we think this change can be part of that legacy and that history. "

An attorney for the fraternities named in the suit calls the allegations “baseless and unfounded.”

For its part, Yale filed a motion to dismiss the lawsuit, but that motion was denied, due to an amended complaint.

The university now has until May 29 to try to have it thrown out again.



Photo Credit: NBC Connecticut

Traveling Grandmother Jailed in Texas for CBD Oil Talks About Ordeal

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Lena Bartula, at age 71, is an accomplished artist and proud grandmother who had an unsettling experience as she passed through North Texas on her way to visit her granddaughter in Oregon.

In fact, a nightmare, she said, would be a better description for when police officers slapped handcuffs on her at Dallas/Fort Worth International Airport after they found cannabidiol (CBD) oil in her travel bag.

The Fort Worth native, who now lives in an artist community in Mexico, was told she was under arrest.

"I think I almost laughed out loud, because I thought that couldn't really be," Bartula said in a Skype interview with NBC 5 Investigates.

She realized it was no laughing matter when, handcuffed, she was driven to the DFW Airport jail where, "I slept on the floor, my head next to the toilet."

It was a far cry from the peaceful, picturesque community in Mexico where Bartula runs a popular gallery.

And it only got worse the next day -- she said her arms and legs were shackled, and she was moved to the Tarrant County Jail in Fort Worth to spend another night behind bars, then facing a felony drug charge.

"I had no idea what would happen to me," Bartula recalled.

Records obtained by NBC 5 Investigates showed that other travelers have been arrested at the airport for having CBD, with two of them telling us they were still waiting for the outcome to their cases.

CBD oil is a hemp-derived substance that is gaining in popularity for its purported health benefits. State lawmakers are now considering whether to make it legal, if it contains little or no THC, the component in marijuana that, in higher amounts, produces a high.

A year ago, arrests for CBD at the airport were "almost non-existent," said Cleatus Hunt Jr., area port director for the U.S. Customs and Border Protection at DFW.

"But in the last six months, the interception rate for that has skyrocketed," Hunt said.

Attorneys for the CBD industry said federal authorities have no right to detain someone with the product. They argue that hemp-made CBD was legalized in December with the passage of the federal farm bill.

But Customs officials said they were still in the process of implementing the new federal rules so, for now, products with THC are still prohibited at ports of entry, such as the one at DFW Airport.

As a rule, if federal authorities detect THC, they notify the airport police who likely will make an arrest, because state law prohibits CBD oil with any amount of THC in it.

CBD oil has become a health craze, both in Texas and across the country, with users saying it does such things as ease their anxiety and soothe their aches and pains.

For Bartula, she said it was those aches and pains -- so common as the years add up -- that caused her to use CBD for relief.

Her case was dropped, when a Tarrant County grand jury declined to move the case forward.

Still, those nights in jail have convinced her to never again pack CBD in a suitcase when she travels -- a bit of advice she's quick to give to her friends.

"I have warned everyone I know because most people my age, with my kinds of aches and pains, do take this," said Bartula. "They rely on it."



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'Suspicious' Man With Outstanding Warrants Arrested in Bristol: PD

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Bristol police have arrested a man with outstanding warrants after officers said he was acting suspiciously on Tuesday night.

Officers were called to Merriman Street around 11:07 p.m. after getting a report of a suspicious person that jumped out from the bushes.

When police arrived to the area, they said they found a man who fit the description, later identified as 42-year-old Adrian Nadeau, of Bristol, hiding in a shed.

Authorities completed a check of Nadeau and found he had two outstanding warrants out of New Britain Superior Court for violation of probation. The two warrants had a total court-ordered bond of $300,000, according to police.

Officers placed Nadeau under arrest. He was additionally charged with criminal trespass and carrying a dangerous weapon after police said he had a spring loaded knife in his possession.

Nadeau will be in Bristol Superior Court on Wednesday.



Photo Credit: Bristol Police

Silicon Valley Parents Fear Kids at Risk From Dangerous Dust

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The location of a new school in Silicon Valley is attracting heavy criticism from parents and air quality experts, who fear its close proximity to a concrete plant may pose serious and long-term health risks to students. 

An NBC Bay Area Investigation reveals the approval process to build Stratford School, a private elementary and middle school, right next to the Tri City Rock concrete plant was the result of an unfortunate chain of events that included inaccurate permit applications, poor communication between government agencies, and other bureaucratic blunders.

'A Giant Dust Cloud Came'

“I was playing at recess, and then a giant dust cloud came,” said Charlotte Tsui, an 8 year-old-student at Stratford. “The first time, I had no clue what it was … some of the kids start breathing really fast and start whimpering.”

Tsui said plumes of dust occasionally blow onto the school playground from the adjacent concrete plant. 

“It makes me nervous,” said 5-year-old Glen Wong, who feels responsible for protecting his classmates. “I run to everybody and then I warn them.”

The process of making concrete can send microscopic chemicals into the air, which can cause respiratory problems and heart disease, according to the federal government.

Eric Meng, 11, had to go to the doctor when some of the dust lodged in his eye.

“I became worried that it may become infected, and maybe I could have the potential to become blind,” Meng said, recalling doctors saying the dust scratched his eye. But the fifth grader said he healed without any long-term effects after a course of antibiotics.

The National Institutes of Health and several other federal agencies, including OSHA, CDC and the EPA have reported on the health hazards of dust from concrete manufacturing facilities. Ultra-fine particles in the dust can lodge into the lungs, ultimately traveling to the heart. As a result, exposure can cause respiratory problems and even lead to cardiac arrest.

'Dangerous Situation'

“Wow. It’s like right against it,” said Dr. Anthony Wexler, head of the air quality research center at UC Davis, as he looked at photos of the concrete plant abutting the school.  “With it right up against next to it there … it's much more dangerous situation. The concentrations are going to be higher.”

While chronic exposure to concrete dust has been shown to be dangerous and even fatal for adults, Wexler said children are especially vulnerable.  

“The lungs of children are growing,” he said. And there's been a number of studies showing that children who were exposed to air pollution when they were young, their lungs did not grow properly and they do not ... fully function when they reach adulthood.”

Wexler notes that even if kids and teachers are inside the school, they could be exposed to the potentially toxic dust since the school’s air circulation system may suck in air from the concrete facility.

“That outside air is going to have dust from this facility in it,” he said.

More than 30 Parents Share Health Concerns with NBC Bay Area

Many parents said they initially didn’t realize their children’s new school would be next to the concrete plant. While the school was being built, the plant looked as if it was part of the construction site, parents have argued. It wasn’t until the multimillion-dollar school opened in August when parents realized the plant was next door.

“I could smell the diesel so much I had to close my nose,” said Shankar Suntararaju, a father of a second grader at Stratford. “Students are playing [at the playground] day in and day out.”

A group of 33 parents recently sat down with NBC Bay Area to share their health concerns.

“It’s really shocking to us,” said Bowen Liu, who transferred her two children to another school.

“We thought the school would stand with the parents and fight the pollution, but what they’re trying to do … is persuade everyone there’s no problem. Stay there and study and let it go. That’s really shocking to the parents.”

Stratford: Air Quality Meets State Standards on 'Majority of School Days'

The school, which declined repeated interview requests with NBC Bay Area, defended its location alongside the concrete plant.

“Stratford School prioritizes the safety and well-being of its students and staff,” school founder Sherry Adams said in a statement. “We remain committed to ongoing communications with members of our school community regarding this matter, as well as to actively working with our neighbors and local regulatory districts.”

Adams said the school paid for air quality testing over a 20-week period, which showed the results were in line with state standards for a “majority of school days.”

Citing parents’ concerns, the school also allowed students to opt out of recess.  In letters emailed to parents, the school asked families whether their children are “allowed to play in the playground.”  

Parents Pull Kids Out of Stratford

While many parents have already pulled their children out of the school, others remain reluctant because of the difficulty in finding open spots elsewhere, as well as the close ties their children share with teachers and fellow classmates.

“I tried to move my kid to another Stratford campus, and he started crying,” said Suntararaju. “He loves his friends.”

Some parents, however, remain skeptical of the school’s air quality studies since, they argue, the results suggest the air quality along the fence line, between the school and the plant, is somehow cleaner than the ambient air surrounding the area.

“it’s just scientifically impossible,” said Sean Wang, a father of two children at Stratford. “[The school] needs to deliver an updated report with an updated baseline.”

Wang said parents began seeking clarification from the school in March about what they describe as serious discrepancies in the data. Wang, however, said parents have yet to receive any answers from school officials.

Concrete Plant Owner 'Surprised' at School’s Decision to Build Next Door

While the Startford School opened its doors less than a year ago, Tri City Rock has maintained the concrete plant at its location, next door to the school, since 1987.

“I was surprised that they would choose this location,” said Stefany Doukas, owner and CEO of Tri City Rock. The family-operated concrete plant rests along Osgood Road in Fremont.

Doukas said when she first heard of the school’s intentions to build next door, she expressed her own concerns to a top official at Stratford.

“He was very matter of fact and said, 'We know what we’re moving next to,'" Doukas said.  

The chain of blunders that led to the school’s construction begins with inaccurate permit application forms submitted by Tri City Rock. Doukas admits she and her family mistakenly underreported the plant’s production.   

'It was Never Brought to Our Attention'

“I feel like we just reported to the best of our knowledge and, unfortunately, that was not necessarily accurate,” she said.  

In filling out renewal forms for her company’s annual permit with the air quality regulators, Doukas noted that Tri City produced 268.8 tons of concrete in 2018. The plant’s actual production level, however, was hundreds of times larger – more than 98,000 tons. 

“We thought we were submitting the accurate data,” she said.  “It was never brought to our attention that we were reporting incorrectly.”

The Bay Area Air Quality Management District (BAAQMD), which regulates air pollution in the nine-county Bay Area, used Tri City Rock’s inaccurate emissions data to calculate a health risk assessment score for the area, which BAAQMD then posted on its website.

“The website is supposed to be for informational purposes, not for planning purposes,” said Wayne Kino, deputy air pollution control officer at BAAQMD.

While the information was made available to the public, Kino said data posted on his agency’s website should never be used to make official decisions relating to planning and zoning, adding that its standard practice for government agencies to phone his office to obtain more precise figures.

Incorrect Health Assesment Used to Approve School Site

The NBC Bay Area Investigative Unit, however, has learned that incorrect calculation was used as part of the decision-making process to allow the school to be built alongside the Tri City Rock concrete plant.

In hopes of scoring a permit with the city of Fremont to locate its school alongside the plant, Stratford School hired a contractor to analyze air quality in the area. That contractor, Illingworth & Rodkin, used the incorrect figure from the BAAQMD website as part of the school’s permit application. Illingworth & Rodkin did not contact air quality regulators to verify the data, according to BAAQMD, and did not respond to repeated requests for comment from NBC Bay Area.

Fremont’s Planning Department, which was ultimately in charge of approving the project, did not contact BAAQMD either. The agency ultimately greenlit the plan to locate the school alongside the concrete plant, even though the school’s permit application included a miscalculated health assessment, which underestimated the safety risk caused by air pollution emitting from the plant. 

“The city had no reason to believe that the data relied upon in the Illingworth & Rodkin assessment was incorrect,” said Kristie Wheeler, Fremont’s zoning administrator, who declined to be interviewed on camera but provided a statement to NBC Bay Area.

'We All Have Fault Here'

“These kinds of things are avoidable with better communication," said Kino.  "We all have fault here."

When asked if it is dangerous to make such information readily available to the public on his agency’s website even though the information is inaccurate, Kino said, "We're looking at that … and we're evaluating that at this point.”  

The agency is also considering including disclaimers on its website but has yet to update the incorrect health assessment score that is still listed online for the area surrounding Tri City Rock.

Kino said he was unsure when the figure would be corrected but added his office recently completed a more precise assessment of health risks at the plant and determined emissions fall under allowable limits.

That said, Kino still believes the school should not have been located alongside the concrete plant.

“There's some common sense factors that you have to apply to these things,” he said. “The school is located in an industrial area between railroad tracks.  Emission sources, truck traffic – just that alone says in your mind that the school shouldn't be there.”

Stratford School Built in Industrial Area

Doukas describes the misreporting as a "clerical error."  Her actions, however, ignited a chain of events that ultimately led to the controversial decision to approve the school's location, which parents now blame for threatening their children's safety. Families have even held protests along the concrete plant.

"I don't believe there's any merit to the health risk," Doukas said. "It's  been a long few months since the school opened up in what feels like constant harassment."

Neither the concrete plant nor the school has any plans to relocate.

“Closing the doors is not an option,” Doukas said. “Relocating is not an option. We've got customers and relationships in the city of Fremont that depend and rely on us. This business is everything to me,” Doukas said tearfully.

The concrete plant has yet to face any penalty for its misreporting; however, the plant was cited for producing about 20 percent more concrete last year than what its permit allowed. Tri City Rock has since requested an increase to its concrete production limit – from 80,000 tons to 120,000 tons.

In the coming months, BAAQMD is expected to weigh in on the permit request and what changes, if any, the concrete plant will have to make to reduce its air pollution. The agency has the power to shut down the plant and issue up to $10,000 per day in fines. The agency has done neither in this case. The penalty phase can take years, according to the agency.

“It’s lives. It's other people's lives,” said Charlotte Tsui, now in the third grade.  “I don't want anyone getting hurt at school."


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