12/09/2012

Bond set for NFL player in fatal crash

Josh Brent, 24, was arrested on suspicion of intoxication manslaughter in the death of teammate Jerry Brown.
Josh Brent, 24, was arrested on suspicion of intoxication manslaughter in the death of teammate Jerry Brown.
  • NEW: The Cowboys win on a last-second score despite their "numbness," head coach says
  • Josh Brent was driving when his car flipped and caught fire early Saturday, police say
  • The 24-year-old enters no plea at arraignment Sunday on charge of intoxication manslaughter
  • Teammate Jerry Brown, a passenger, was pronounced dead at a hospital

(CNN) -- A Texas judge has set bond for Dallas Cowboys nose tackle Josh Brent at $500,000 after Brent's arrest in a fiery weekend car crash that killed teammate Jerry Brown Jr.

Brent was arrested on suspicion of intoxication manslaughter after a Mercedes he was driving flipped and caught fire early Saturday in Irving, Texas, the Dallas suburb where the Cowboys are based.

Police said Brent's car was traveling at high speed when it hit a curb, and officers on the scene "believed alcohol was a contributing factor in the crash."

In an arrest affidavit released Sunday, police reported that Brent was pulling Brown from the wrecked vehicle when officers reached the scene of the crash. He refused a blood test, but police were able to take a sample from him because the case involved a fatality, the affidavit states.

The car traveled about 900 feet after hitting the curb, said police spokesman John Argumaniz. The 25-year-old Brown, an outside linebacker on the Dallas practice squad, was pronounced dead at a nearby hospital.

Cowboys players were told of Brown's death on their flight east Saturday for a game against the Cincinnati Bengals, said head coach Jason Garrett. They talked more extensively about the situation during meetings that night.

"My memory is of a big strapping guy with a bright smile on his face, bright eyes, bounce in his step every time I saw him," Garrett said. "Twenty-five years old, he's no longer with us. And that's hard for everybody to handle."

Despite their heavy hearts, the Cowboys rallied Sunday from nine points down in the game's final minutes to beat the Bengals 20-19 on a last-second Dan Bailey field goal. Emotional players and coaches could be seen hugging afterward, with defensive lineman Jason Hatcher holding up Brown's No. 53 jersey.

"I think there was a feeling of numbness out on the field today, but somehow (the players) focused ... and we figured out a way to win," said Garrett, who added that he talked with Brown's mother after the game. "I thought we honored him as well as he could be honored."

Brent, 24, is in his third season with the Cowboys. He appeared for arraignment Sunday morning and did not enter a plea during the brief hearing, according to a detention officer who requested anonymity because she was not authorized to talk to news outlets.

The charge he faces is a second-degree felony that carries a potential two- to 20-year prison sentence with a maximum $10,000 fine.

In a statement issued through his agent Saturday night, Brent said he was "devastated" over the accident and "filled with grief for the loss of my close friend and team mate, Jerry Brown."

"I am also grief-stricken for his family, friends and all who were blessed enough to have known him. I will live with this horrific and tragic loss every day for the rest of my life," the statement said.

Brent pleaded guilty to a DUI charge in 2009, according to court records in Champaign, Illinois, where he played football with Brown at the University of Illinois. He received a 60-day sentence, a fine and 200 hours of community service.

CNN's Greg Botelho, Chandler Friedman and Jason Durand contributed to this report.

4 dead, 3 hurt in Central Calif. shootings, chase

Tulare County Sheriff's Office

Authorities say Hector Celaya, 31, was wounded in a shootout with detectives.

By NBC News staff

A man shot three people dead on a Central California Indian reservation and wounded three others, including two young girls, before being fatally wounded in a shootout with detectives after a car chase, authorities said.

The violence started Saturday night on the Tule River Indian Reservation in Porterville, Calif., the Tulare County Sheriff's Office said.


Deputies responding to a 911 call found a man and a woman dead inside a trailer and a male juvenile suffering from an apparent gunshot wound. The juvenile was transported to a hospital.

At a shed on the same property, deputies found the body of another man.

The person who called police said the suspect fled the scene in a green Jeep Cherokee.

Authorities identified the suspect as Hector Celaya, 31, and said he had taken his two daughters, ages 8 and 5.

A deputy spotted the suspect's vehicle and tried to stop it but the driver kept going, the sheriff's office said.

The suspect eventually stopped on the side of a road and a shootout ensued, authorities said. The suspect was shot and was transported to the hospital. He later died, the sheriff's office said.

During the preliminary investigation, detectives said they determined that the suspect had also shot the two children. Authorities said one child had life-threatening injuries and the other had non-life-threatening injuries. No further details were released.

The sheriff's office did not say what may have precipitated the shootings.

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3 dead, 4 hurt in Central Calif. shootings, chase

Tulare County Sheriff's Office

Authorities say Hector Celaya, 31, was wounded in a shootout with detectives.

By NBC News staff

A man shot three people dead on a Central California Indian reservation and wounded three others, including two young girls, before being seriously wounded in a shootout with detectives after a car chase, authorities said.

The violence started Saturday night on the Tule River Indian Reservation in Porterville, Calif., the Tulare County Sheriff's Office said.


Deputies responding to a 911 call found a man and a woman dead inside a trailer and a male juvenile suffering from an apparent gunshot wound. The juvenile was transported to a hospital.

At a shed on the same property, deputies found the body of another man.

The person who called police said the suspect fled the scene in a green Jeep Cherokee.

Authorities identified the suspect as Hector Celaya, 31, and said he had taken his two daughters, ages 8 and 5.

A deputy spotted the suspect's vehicle and tried to stop it but the driver kept going, the sheriff's office said.

The suspect eventually stopped on the side of a road and a shootout ensued, authorities said The suspect was shot and was transported to the hospital with life-threatening injuries, the sheriff's office said.

During the preliminary investigation, detectives said they determined that the suspect had also shot the two children. Authorities said one child had life-threatening injuries and the other had non-life-threatening injuries. No further details were released.

The sheriff's office did not say what may have precipitated the shootings.

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Opinion: How not to make a deal

  • Dave Logan: Fiscal cliff negotiations have the cooked-up suspense of a Hollywood movie
  • Watch closely if you want to see how not to make a deal; real negotiation has rules, he says
  • He says both sides should state positions, then reveal "core values" and build deal from there
  • Logan: Don't go in with hands tied; don't confuse positions with core values

Editor's note: Dave Logan teaches at the USC Marshall School of Business and is the author of four books, including "Tribal Leadership" and "The Three Laws of Performance." He is also senior partner of CultureSync, a management consulting firm, which he co-founded in 1997.

(CNN) -- Washington appears to be run by screenwriters, where the rule is to get as close to the cliff as possible. Drive off, if it won't be too unbelievable. Then -- like young James T. Kirk in the J.J. Abrams reboot of Star Trek -- jump out as the car plunges to the bottom and climb your way back up. That's great Hollywood -- and perhaps the best-case scenario in Washington as lawmakers drive toward the fiscal cliff.

There's an upside too. If you watch the news closely, you'll see our Washington leaders making the classic mistakes that bad negotiators make. You'll see when they should be changing direction, doing B instead of A. And you'll be improving your own negotiation skills along the way.

I'm totally serious here: As you watch, notice what they should be doing, instead of what they are doing, and it's likely that you'll act more effectively when you have to negotiate a new house, a big sale, or a pay increase to cover the increase in your taxes if lawmakers drive over the edge.

Dave Logan

Over the past 20 years, I've helped organizations of all kinds negotiate the sale of companies, contracts for C-suite executives, and union-management agreements. I've also taught negotiation techniques to members of law enforcement -- many SWAT teams and their federal counterparts.

Here's what I can tell you: Negotiation has three steps and three rules.

Let's look at what should be happening in Washington.

Step 1. Say what you want and ask the people on other side what they want. What results is "positions" -- what each side says it wants. You tell the car dealer that you'd like $5,000 more for your trade-in than you really think you can get. It's not what you expect, but it's a way to start the negotiation.

Opinion: Beware the fiscal cliff deniers

The first serious set of positions came out from Republicans on December 3. The Democrats got there a bit sooner. This step should have been over a couple of days after the election.

Step 2: One side steps up and asks why the other's position is what it is, and keeps asking "why" until it gets to core values. Don't laugh, but in the real world it works like this: Democrats to Republicans: "How come 'no tax increases' is so vital for you?" Republicans to Democrats: "Why is it so important to raise taxes on households making over $250,000?" These questions "surface" each side's interests, the reasons behind the positions, as William Ury, Roger Fisher and Bruce Patton note in their classic "Getting to Yes: Negotiating Agreement Without Giving In."

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I once worked in a hospital where the nurses insisted on a large percentage increase in their pay. Stuck at step one, they'd repeat what they wanted, and the hospital executives would call them greedy and out of touch, often with the press listening. The nurses responded that the hospital was run by greedy trolls who only cared about making money.

Things moved forward when someone asked the nurses why that position was so important. "It's about fairness," they said.

When the nurses were asked why fairness is so important, they said "respect." They felt disrespected by the process, the various offers, and being kept out of hospital decision-making. When they settled, a part of the deal was -- are you sitting down? -- that they wanted to put in more time, invest more passion and expertise, and have a greater sense of ownership in the hospital.

Opinion: Millionaires' tax bracket would be a smart compromise

By the hospital giving them a fair slice of its financial success, through a sort of profit-sharing deal, the nurses did better than they would have done with just the straight percentage increase. And they won -- emotionally and financially. People will surrender a position if it helps them achieve what they're really after.

The hospital executives went through a similar process. Their position was that the nurses would get no increase. Why zero? "Market realities" -- salary surveys showing that they were already paid fairly. Why were market realities important? Because the executives wanted the hospital to be the best in its market, in all respects.

The core value for the executives was "best of the best." Notice the Hollywood ending that results: The executives and nurses both got more than they originally wanted, and both were invested in making it happen. Research my colleagues and I published found that groups get far better results when decisions are based on values rather than compromise or interests alone.

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Step 3: Build a specific plan based on the core values. Compromise only when core values pull in opposite directions. I'm not talking a grand bargain here, just an agreement that honors the core values of each side. I've seen groups go through this process in an hour, even when the difficulties were more complicated than those facing Washington.

Here's the question to address: How do we put together a plan that honors opportunity, growth, fairness, and responsibility? The plan will have lots of pieces, but lawmakers could get to the skeleton of the plan in half a day. President Obama said a week. I'm not sure we'll have a week by the time people decide to do their jobs.

Opinion: How Obama can win a deal

In Washington, what we need is a band of leaders to take the key clamoring politicians off site, without cameras or press conferences. Camp David was meant for such occasions. Or to keep costs down, how about a conference room at a Motel 6?

Once there, they also need to make sure they are honoring the three rules of negotiations:

Never go in with your hands tied. Many Republicans signed Grover Norquist's no-tax-hike pledge. This puts them in a lose-lose position, and a few are expressing that realization. Without the ability to negotiate freely, their Democratic counterparts know Republicans are hampered. The cure: Have every Republican revoke his or her pledge, as a few have already done. They may still vote for a no-tax deal, but they can't negotiate in good faith with that pledge over their heads.

Think of a marriage in crisis. The best way to save the situation is to put everything on the table -- including possible divorce -- and then go through the steps I outlined here. Only by setting their positions down, and moving to the deeper levels, can the people have their best shot at a great outcome. Ironically, the more you hold to a position, the less likely you are to get it.

Don't go straight for a compromise. The Democrats get a flag on field here. The tone is: "The election is over, now let's meet in the middle -- you get some of what you want, and we get some of what we want." Wrong, dead wrong. Go through the process.

Don't confuse positions with core values. The Republicans get the penalty flag here. "No new taxes" is a position, not a core value. People should never compromise on their core values, but they should be prepared to let go of their positions. Likewise, for Democrats, "go back to the pre-Bush tax rates for the wealthy" is a position, not a core value. The core values are far more interesting: growth, opportunity, fairness, and responsibility. Imagine a bill, signed by the president, that honored those principles, instead of merely cobbling together the demands of both parties. Everyone wins, and the lawmakers would truly be leaders.

Get out the popcorn and let's see how close to this fiscal cliff we get. With these principles in mind, you will leave the drama with better skills to negotiate your future. Really, this isn't that hard.

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The opinions expressed in this commentary are solely those of Dave Logan.

As cliff looms, both sides position on entitlements

By Carrie Dann, NBC News

WASHINGTON -- As the days dwindle before the U.S. reaches the fiscal cliff, Republicans and Democrats are jostling for position on long-term fiscal reforms even as they urge an emergency fix to dodge automatic spending cuts and tax hikes before the first of the year.

"The president wants the [tax] rates to go up. That doesn't solve the problem," House Majority Whip Kevin McCarthy, R-Calif., said on NBC's Meet the Press. "We don't want to be back here in another year, in another ten years, answering the same questions."

California Congressman Kevin McCarthy and Democratic senator from Illinois, Dick Durbin, discuss the revenue math behind their Party's respective fiscal plans.

While the public standoff continues between President Barack Obama and House Speaker John Boehner, both sides are staking out their ground for a looming fight over entitlement reform even as some Republicans acknowledge that they may lose the short term debate over tax rates for the highest-income Americans. 

Sen. Tom Coburn, R-Okla., one of the first Republicans to suggest allowing the president to raise rates on the top two percent of earners, reiterated Sunday that he could support a rate increase as part of a larger deal but accused Democrats of "lying to the American people" about the need for painful entitlement fixes. 

"You can't play the game and hide," he said on ABC's "This Week." "Medicare and Social Security and Medicaid, if those aren't fixed, if we're not honest about how to fix them and the fact that - yes -  everybody in this country will have to participate in some discomfort if we're going to get out of this ... it is dishonest and beneath anybody in Washington." 

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Coburn - along with Senate colleague Bob Corker, who said Sunday that accepting Obama's tax rate position may be the "best route for [Republicans] to take" -- urged the party to turn to the issues of entitlement reform and spending in the new Congress after the tax fight is resolved. 

Obama ally and Senate Majority Whip Dick Durbin, D-Ill. said on Meet the Press that reforms to the costly but popular Medicare system will be necessary to put the nation's finances in order but that a measured look at the program is needed rather than a quick fix. 

"We know that we have to do something, to make sure that we take an approach that doesn't voucherize it or take the approach of the Paul Ryan budget, but keep this a sound program and a solvent program. I just don't think we can do it in a matter of days here before the end of the year," Durbin said. "We need to address that in a thoughtful way through the committee structure after the first of the year." 

Assistant Majority Leader of the Senate Dick Durbin says the Democrats, President Obama are working hard to avoid going off the fiscal cliff.

Durbin acknowledged that he supports means testing for Medicare, a sliding scale that would offer fewer benefits for wealthy seniors and boost support for poorer recipients. But he also resisted GOP proposals to raise the retirement age as a way to chop substantial savings out of the costly Medicare price tag. 

"I listen to Republicans who say 'we can't wait to repeal Obamacare and the insurance exchanges,'" he said, noting that early retirees could face gaps in coverage during years of potentially poor health. "Where does a person turn if they're 65 years of age and the Medicare eligibility age is 67?" 

McCarthy, who -- along with most of his House Republican colleagues -- wants to keep even the top rates stable, said that public opinion is squarely in the GOP's corner when it comes to addressing the federal government's expenditures. 

"This is really about spending," he said.  "I don't think Republicans or Americans want to raise any taxes just to continue the spending in Washington. They want it more efficient, more effective, and more accountable."

Storm pounds Midwest, Plains with heavy snow, wind

Andy King / AP

Snow-covered trees are seen outside the Mall of America Field at the Hubert H. Humphrey Metrodome before an NFL football game between the Minnesota Vikings and the Chicago Bears on Sunday.

By NBC News staff

Updated at 2:51 p.m. ET: A potent winter storm pounded the Upper Midwest and Northern Plains on Sunday with heavy snow and strong winds, making traveling treacherous and prompting airlines to cancel scores of flights.

The heaviest snowfall was expected from eastern South Dakota through southern Minnesota. Forecasters said up to 16 inches was possible in the hardest-hit areas, including up to a foot in and around Minneapolis.


The snow, coupled with winds gusting as high as 40 mph, could produce whiteout conditions "making travel nearly impossible," the National Weather Service said in a statement.

Minnesota State Police said more than 300 car crashes were reported from 9:30 p.m. Saturday to noon Sunday, none of them fatal.

NBC's meteorologist Dylan Dreyer reports.

And it wasn't just the snow that was a threat. The weather service said temperatures were expected to plummet behind the system to well below zero over western Minnesota, with wind chill readings as low as 20 to 30 below.

"Travel will be very difficult and stranded motorists risk getting frostbite or hypothermia due to the frigid wind chill late this evening and tonight," the weather service said.

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More than 150 flights at Minneapolis-St. Paul International Airport were canceled due to the storm, airport spokesman Pat Hogan told The Associated Press.

 Delta Air Lines said snow and icing conditions prompted it to cancel about 90 flights on Sunday.

The southern branch of the storm was expected to dump heavy snow in the Central to Southern Rockies, according to The Weather Channel's Tom Niziol. "As the system continues south, snow will also spread southward across the mountains of New Mexico from Taos through Sante Fe where over a foot of snow is likely for this area," he said.

Snow, strong winds and cold air were also expected to hit the Great Lakes region late Sunday night into Monday.

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Storm pounds Upper Midwest with heavy snow, wind

By NBC News staff

A potent winter storm pounded the Upper Midwest on Sunday with heavy snow and strong winds, making traveling treacherous and prompting airlines to cancel scores of flights.

The heaviest snowfall was expected from eastern South Dakota through southern Minnesota. Forecasters said up to 16 inches was possible in the hardest-hit areas, including up to a foot in and around Minneapolis.


The snow, coupled with winds gusting as high as 40 mph, could produce whiteout conditions "making travel nearly impossible," the National Weather Service said in a statement.

And it wasn't just the snow that was a threat. The weather service said temperatures were expected to plummet behind the system to well below zero over western Minnesota, with wind chill readings as low as 20 to 30 below.

"Travel will be very difficult and stranded motorists risk getting frostbite or hypothermia due to the frigid wind chill late this evening and tonight," the weather service said.

Watch the most-viewed videos on NBCNews.com

Delta Air Lines said snow and icing conditions at Minneapolis-St. Paul International Airport prompted it to cancel about 90 flights on Sunday.

The southern branch of the storm was expected to dump heavy snow in the Central to Southern Rockies, according to The Weather Channel's Tom Niziol . "As the system continues south, snow will also spread southward across the mountains of New Mexico from Taos through Sante Fe where over a foot of snow is likely for this area," he said.

Snow, strong winds and cold air were also expected to hit the Great Lakes region late Sunday night into Monday.

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