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iStock/Thinkstock(NEWPORT, Ky.) — A judge has ruled that Shayna Hubers, the Kentucky woman who was convicted in the shooting death of her on-again, off-again boyfriend Ryan Carter Poston, should get a new trial after officials discovered that a juror who helped find her guilty never disclosed that he was a felon.

Hubers was convicted last year of murdering Poston on Oct. 12, 2012. In a trial followed closely by the media, prosecutors alleged that Hubers shot the 29-year-old lawyer at his Highland Heights home in anger after he tried to break up with her, but Hubers claimed Poston was abusive and that she shot him in self-defense.

Jurors didn’t buy her story. They convicted her of murder and recommended that she spend 40 years in prison, but among those jurors was a convicted felon, officials say. State law prohibits felons from serving on a jury.

On Thursday Campbell County Circuit Court Judge Fred A. Stine — the same judge who sentenced Hubers to 40 years in prison after reportedly describing Poston's killing as “cold-blooded” — overturned the conviction and ordered that Hubers, 25, get a new trial.

The juror in question said he fell behind on child support payments more than 20 years ago, doesn’t remember pleading guilty in the case and didn’t realize he was a convicted felon.

The information only came to light after one of the lawyers involved in Hubers’ appeal recognized the juror’s name and realized she had represented him in the child support proceeding in 1992.

“This has got to be maddening for not just the prosecutor but for the judge who has to now overturn a verdict based on an inadvertent mistake,” said Dan Abrams, ABC News' chief legal analyst.

A new trial may not mean a new outcome for Hubers, Abrams added.

“Since there was a conviction in the first case, the defense can now review their strategy and try to fine-tune it, possibly make some changes, but in the end there is still a lot of evidence against her,” he said.

In a statement, Poston’s family said it respected the judge’s decision, adding: “If we must endure another trial we do so with absolute confidence that justice shall again be served.”

Hubers' bizarre behavior during a police interrogation after the killing brought more focus to the case.

“He’s very vain. One of our last conversations we had that was good was that he wants to get a nose job,” Hubers was recorded telling police as she spoke of shooting Poston. “And I shot him right here. I gave him his nose job he wanted. I broke it.”

Highland Heights Police Chief Bill Birkenhauer described his reaction to her comments in an interview last year with ABC News’ 20/20.

“My jaw dropped, you know? It was like, ‘Did she just really say that?” he said.

And while she was awaiting interrogation, she asked a series of questions about life behind bars -- including whether she would be allowed to shower or keep her phone, authorities said. Video from the interrogation room showed her singing and dancing.


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David Postier(OMAHA, Neb.) -- A man being chased by police after breaching a security gate at Omaha, Nebraska's Eppley Airfield airport Thursday night, proceeded to strip down to his boxer shorts, steal a truck on the runway and ram it into the nose of a Southwest Airlines aircraft, authorities said.

The incident kicked off around 9:30 p.m. when officers at Eppley Airfield encountered a man in front of the airport acting "bizarre" and screaming that people were trying to kill him, Tim Conahan, chief of police for the Omaha Airport Authority, told ABC News.

With officers in pursuit, the man -- whose identity remains unknown -- ran into a parking garage, exited through another entrance and scaled a fence onto a runway, and jumped into an unlocked Southwest pickup truck which had its engine running, Conahan said. During the chase, the man stripped down to his boxers.

He then proceeded to drive the pickup truck across the north ramp until police cut him off. Undeterred, he doubled back and drove under the jet bridge of a Southwest aircraft that was boarding passengers, and crashed into its nose gear, said Conahan. According to Southwest, there were approximately 18 passengers onboard the Denver-bound Boeing 737 at the time of the incident.

The pilot, who was in the cockpit, suffered a bump to the knee, while a flight attendant suffered a bump to the elbow. The man suffered "minor injuries" from climbing over the barbed wire fence and from the impact of the crash, Conahan said.

Following the incident, Southwest said in a statement, "We are removing the aircraft from service to inspect for damage. We are replacing the crew and the aircraft, and the flight is expected to operate with an approximate three-hour delay."

The man driving the vehicle was taken into police custody.


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ABC News(MIAMI) -- A tropical weather system moving over the Bahamas early Friday has the potential to bring heavy rain and gusting wind to south Florida, the National Hurricane Center said.

"Heavy rains and gusty winds could begin over the weekend and continue through early next week," the Miami-based Hurricane Center said in an advisory issued early Friday.

Meteorologists put the chance of the system strengthening into a tropical storm at 30 percent over the next two days and at 60 percent by Wednesday.

While the forecast for Florida remained in flux, the system is likely to have a significant impact in the Caribbean over the weekend.

"Heavy rains, with the potential to cause flash floods and mud slides, are likely over Hispaniola and eastern and central Cuba during the next couple of days," said the advisory.

It's been more than a decade since a hurricane has made landfall in Florida.

The National Hurricane Center predicted 2016 to be the strongest hurricane season since 2012, according to its updated Hurricane Season Outlook released in August.

Forecasters now expect a 70-percent chance of having up to 17 named storms, of which as many as eight are expected to become hurricanes, including up to four major hurricanes.

“We’ve raised the numbers because some conditions now in place are indicative of a more active hurricane season, such as El Niño ending, weaker vertical wind shear and weaker trade winds over the central tropical Atlantic, and a stronger west African monsoon,” said Gerry Bell, lead seasonal hurricane forecaster at the National Oceanic and Atmospheric Administration’s Climate Prediction Center.

The hurricane season runs from June to November, but the two-month period from mid-August to mid-October poses the greatest risk for storm activity.

Historically, nearly 96 percent of major -- category 3, 4 and 5 -- hurricane days take place during this time period, according to NOAA.


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ABC News(NEW YORK) --  An Indiana woman is searching for personal items and sifting through the remains of her home after a ferocious tornado swept through her town Wednesday.

Becki Sweeney was at work when the storm hit Kokomo, Indiana. Now her home of 16 years had been reduced to a skeleton. The roof is gone and her furniture is strewn everywhere.

"It's devastating," she told ABC News. "It hurts to see the damage but I'm thankful that everyone is OK. It's hard to believe nobody got killed."

Kokomo mayor Greg Goodnight said he feels "very grateful" that no deaths or serious injuries were reported from the storm.

The devastation has forced 220 people to be temporarily placed in shelters, many of whom lived in several large apartment complexes that were heavily damaged, Goodnight said. The storm also left tens of thousands of people without power.

Today, Sweeney is trying to salvage some personal items, like her family tree and a stuffed animal her mother held when she died.

"Stuff that can't be replaced ... that didn't cost much money to begin with," she said. "My son came in last night and got some rings that were my grandmother's. I'm thankful for that. He got some photos of when my husband was in the Navy."

 And those who didn't lose their homes are pitching in to help their neighbors.

Kim Black told ABC News her home was the only one in the area not damaged.

Now, she is helping her immediate neighbors clean up and will look to help others who live on her block.

"I can't imagine why I have a bed and my neighbors down don't," Black said. "Anything we can do to help, we're gonna do that."

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Canton Police Department(NEW YORK) --  The man who shot and killed K-9 Officer Jethro, of the Canton Police Department in Ohio, has been sentenced to 45 years in prison.

Kelontre Barefield, 23, received the sentence after pleading guilty to charges related to the police dog's death and other charges in an unrelated robbery case, a spokeswoman for the Stark County Clerk of Courts told ABC News today.

Barefield's attorney, Steven Reisch, didn't immediately respond to ABC News' requests for comment.

 Jethro was killed in January after suffering multiple gunshot wounds while responding to a burglary at a grocery store, according to Officer Eric Stanbro, head trainer of Canton PD's K-9 unit.

The death of the 3-year-old German shepherd devastated Canton PD Officer Ryan Davis, who had been Jethro's partner since he was an 8-week-old puppy.

 In March, an 11-year-old girl donated all of her allowance money to help get bulletproof vests for all of the department's dogs.

"Officer Davis has received 2,000 letters since Jethro's death, and he was catching up with them over the weekend," Stanbro previously told ABC News. "He came across this girl's letter and donation, and it really touched him."

In the letter, an 11-year-old girl named Allison tells Davis, "I sorry about Jethro. So here is my allowance for the bulletproof vests. God bless you and the dogs."

On Wednesday, the Canton PD's K-9 Unit shared a video of some its dogs and handlers on Facebook "[i]n honor of Jethro's killer being sentenced to 45 years in prison."

The Canton Police Department did not immediately respond to ABC News' requests for additional comment.

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Ann Johansson/Corbis via Getty Images(KOKOMO, Ind.) — The mayor of Kokomo, Indiana, said he felt "very grateful" Thursday morning after no deaths or serious injuries were reported from a devastating storm and tornado that hit the town Wednesday, flattening buildings and damaging homes.

About 10 to 15 minor injuries were reported, said Howard County Sheriff Steven Rogers, who added that the community was "very blessed" that there were no fatalities.

The storm in Kokomo, about 50 miles north of Indianapolis, piled cars on top of one another and even flattened a Starbucks, where people hid in the coffee shop's bathroom.

The devastation has forced 220 people to be temporarily placed in shelters, many of whom lived in several large apartment complexes that were heavily damaged, Kokomo Mayor Greg Goodnight said Thursday morning.

Tens of thousands of people were left without power, and Goodnight said that a major focus now is working on repairing damaged lines and restoring power.

A tornado took a similar path through this stretch of Kokomo in 2013, officials said.

Thirty-five tornadoes were reported in Indiana and Illinois Wednesday — the one in Kokomo being the strongest, where winds reached 165 miles per hour.

In Crawfordsville, Indiana, about 60 miles southwest of Kokomo, winds reached 111 miles per hour.

The tornadoes will be rated Thursday as the National Weather Service surveys the damage.


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iStock/Thinkstock(ST. ANTHONY, Minn.) -- The Minnesota police officer who fatally shot a black man during a traffic stop last month was placed on administrative leave again after briefly returning to limited duty, officials said.

The city of St. Anthony decided to change Officer Jeronimo Yanez’s status “after reviewing concerns and other feedback from the community,” city officials said in a statement Wednesday.

It was unclear if Yanez would still be paid on administrative leave.

“Out of respect to the sensitive nature of the tragic incident and the concerns from the community, the Mayor, City Council and City Manager have decided to make this change,” the statement said.

Yanez’s status with the St. Anthony Police Department will be reviewed after the state’s investigation into the incident is complete.

City officials did not immediately respond to ABC News’ request to elaborate on the community’s “concerns” regarding Yanez’s reinstatement.

The St. Anthony police officer shot and killed 32-year-old Philando Castile during a traffic stop in nearby Falcon Heights, a suburb of St. Paul, on July 6. Castile’s girlfriend, who was in the car with him and her daughter at the time, live-streamed the shooting’s aftermath on Facebook.

The dramatic video shows Diamond Reynolds -- sitting in a car with Castile, whose shirt appears soaked in blood -- saying an officer shot her boyfriend. Reynolds can also be heard saying on video that the officer "asked him for license and registration. He told him that it was in his wallet but he had a pistol on him because he is licensed to carry. The officer said, 'Don't move.' As he was putting his hands back up, the officer shot him in the arm four or five times."

The video shows a uniformed police officer holding a pistol on the couple from outside the car. The officer can be heard saying, "I told him not to reach for it. I told him to get his hand out."

The Minnesota Bureau of Criminal Apprehension is investigating the incident.

In a statement obtained by ABC News last month, Yanez’s attorney Thomas Kelly said the incident had nothing to do with race.

“Officer (Jeronimo) Yanez has been completely cooperative with the investigation led by the Minnesota Bureau of Criminal Apprehension. He is deeply saddened for the family and loved ones of Philando Castile,” Kelly said. “Tragically, the use of force became necessary in reacting to the actions of Mr. Castile. This heartbreaking incident had nothing to do with race. It had to do with the presence of a gun.”

Requests for comment to Yanez’s attorney and the attorney for Castile’s mom, Valerie, were not immediately returned.

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iStock/Thinkstock(FORT CAMPBELL, Ky.) -- A soldier at Fort Campbell was apprehended Thursday after allegedly firing shots in what is being described as an active shooter situation.

No one was reported injured in the incident, which occurred near the airfield at the Army base located in Kentucky.

"An 101st Airborne Division (Air Assault) soldier was apprehended this afternoon by military police after they responded to a report of an active shooter near Campbell Army Airfield," said an Army statement posted on the Fort Campbell Facebook page.

"There have been no reports of any injuries and at this time and the installation is currently secure, the gates are open and there are no threats to the post or local communities," the statement added.

Robert Jenkins, the director of public affairs at Fort Campbell, stressed that the Army post was secure and there was no danger to the community.

He said that the soldier was subdued quickly by military police, who responded immediately to the incident.

Jenkins did not know what kind of weapon the soldier allegedly used to fire the rounds that triggered the active shooter situation.

Weapons at military facilities are stored in armories when not used for training. Privately owned weapons can be held on post at a soldier's barracks as long as they are registered with the post.

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iStock/Thinkstock(EAST LONGMEADOW, Mass.) — An online petition is calling for a judge in Massachusetts to be removed from the bench after sentencing an 18-year-old accused of sexually assaulting two classmates with two years of probation.

David Becker of East Longmeadow, Massachusetts, was charged with two counts of rape and one count of indecent assault and battery, according to court documents, after an April incident in which he was accused of sexually assaulting two girls who were sleeping in a bed after a house party. Becker and the alleged victims, who are not being identified, were all seniors.

As a part of his probation, Becker must remain drug and alcohol free and not contact the victims, the court documents state. He also has to undergo an evaluation for sex offender treatment, according to the Hampden District Attorney's Office.

The district attorney's office said that if Becker does not violate his probation, he will not have to register as a sex offender, as the charges will be dismissed at the completion of probation.

The online petition creator called the probation ruling "a slap on the wrist," as prosecutors in the case recommended two years in prison. The petition calls for the removal of Palmer District Court Judge Thomas Estes and has over 16,000 supporters.

At a plea hearing this summer, Becker's lawyer, Thomas Rooke, argued the former high school athlete had already suffered due to his actions.

Estes appeared to give weight to that argument, saying, "There have already been significant consequences, collateral consequences to simply being charged with the offense in the first place." Estes added that a harsher punishment would "slam a lot of doors" for Becker.

Becker's attorney described him as a model student that deserved to go to college.

"He was a star, he was a rising star... and then suddenly, April 2, 2016, he's at a house party. There's no parents. There's alcohol, there's marijuana, there's testosterone, there's estrogen. A perfect mix for a nuclear disaster. And he makes a bad decision," Rooke said.

According to police reports, Becker told investigators that when one of the girls "didn't protest," when he digitally penetrated her, he assumed it was "OK." He denied having any physical contact with the other alleged victim.

One of the alleged victims told police Becker texted her after the incident writing, "Very sorry about last night I was very much in the wrong." The girl replied, "don't even worry about it it's all good."

The Hampden District Attorney's Office recommended two years of prison time for Becker, which it considered "appropriate and fair, based on the facts and circumstances of the case," a district attorney's office spokesman said.

Scott Berkowitz, the president of the Rape, Abuse and Incest National Network, was disappointed by the decision.

"I think that the judge's sympathies were misplaced in this case. This offender's college career shouldn't have been the priority. Punishment for the act he committed should be the priority," Berkowitz said.

Becker's case comes on the heels of another sexual assault case that caused outrage over a six-month jail sentence given to former Stanford swimmer Brock Turner after he allegedly assaulted an unconscious woman.

The online petition compares Becker's case to Turner's, saying it is "another instance of a white athlete receiving a slap on the wrist for a violent sexual crime."

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iStock/Thinkstock(BEAR, Del.) -- The 59-year-old woman who died after falling approximately 35 feet from the Go Ape Treetop Adventure attraction Wednesday has been identified as Tina Werner of Felton, Delaware, by Delaware State Police.

Authorities said Werner was standing on a platform, waiting to go on the zip line, when she fell to her death.

"Werner was standing on a platform located approximately 35' above the ground, waiting to descend on a zip line," the Delaware State Police said in a statement Thursday. "It was at this point that she fell from the platform to the ground."

Foul play is not suspected, police said, although the investigation into the incident is ongoing.

The incident occurred at approximately 2:35 p.m. Wednesday at the Go Ape Aerial Rope Adventure Course in the Lums Pond State Park, authorities said.

First aid was rendered to Werner by Go Ape employees and park rangers before she was treated at the scene by New Castle County Paramedics, according to authorities. Werner was then transported to the Christiana Hospital were she was pronounced dead.

In a statement Wednesday, Go Ape said it was "deeply saddened by this tragic occurrence."

"Our thoughts and prayers go out to her family and friends and in particular to those who were on the course with her at the time," the statement continued.

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iStock/Thinkstock(ORLANDO, Fla.) — Survivors of the Pulse Nightclub massacre who were treated at two Orlando hospitals will not be billed for their medical care, the facilities announced Wednesday.

Orlando Health, the healthcare network which includes Orlando Regional Medical Center, said in a statement, "Orlando Health has not sent any hospital or medical bills directly to Pulse patients and we don’t intend to pursue reimbursement of medical costs from them."

Orlando Regional Hospital treated 44 patients of the June 12 terror attack, during which gunman Omar Mateen slaughtered 49 people at Pulse Nightclub, one of Orlando's most popular LGBT venues.

Orlando Health said it is "exploring numerous options to help the victims of the Pulse nightclub tragedy address immediate and ongoing medical costs. These include state and federal funds, private insurance, victim funds like the One Orlando fund, disability insurance, Florida’s crime victim compensation program, funding sources established for individual victims, means-tested programs like Medicaid, as well as charity care provided by Orlando Health."

The not-for-profit healthcare network said total unreimbursed costs "could exceed $5 million."

Florida Hospital, part of the Florida Hospital Healthcare system, treated 12 survivors of the attack. It also said it will not be billing for services, according to ABC Orlando television affiliate WFTV.

"It was incredible to see how our community came together in the wake of the senseless Pulse shooting," the hospital’s CEO, Daryl Tol, said in a statement. "We hope this gesture can add to the heart and goodwill that defines Orlando."

Pulse massacre survivor Mario Lopez, 34, who was grazed by a bullet and had fragments explode into his left side, told the Orlando Sentinel he welcomes the announcement since he is uninsured. "I was so worried because I can't afford any of that," he told the newspaper, which reported that his seven-hour hospital visit left him with a potential $20,000-bill. "It's a huge relief."

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Courtesy Elizabeth Congdon(NEW YORK) -- Capybaras, giant rodents that are native to South America, may be establishing themselves as an invasive species in Florida, according to Elizabeth Congdon, the only biologist in North America studying the animal.

"Right now, they're considered exotics -- non-native animals that aren't supposed to be here," Congdon told ABC News Wednesday. "But if they breed and grow enough to the point that they're causing damage, they could be considered an invasive species."

Capybaras were first accidentally introduced to forests in northern Florida after five of them escaped a research facility in the early '90s, said Congdon, an assistant professor at the Bethune-Cookman University in Daytona Beach, Florida, who warned about the potential threat of the species at an animal behavior conference earlier this month.

Since then, Congdon said there have been dozens of capybaras sighted over the past few years in a state park near the facility -- including about 50 in 2008.

"They're definitely breeding, and there's certainly more than 50 of them there by now," she said.

As long as the capybara population doesn't grow and stays within the state park's confines, Congdon said she believes they will not pose a problem. However, they could begin breeding at more rapid rates and start spreading to agricultural areas.

Congdon explained that the dog-sized rodents are "very social" and resilient. They warn each other of predators coming and females work together and actually help nurse each other's young.

"If they start growing and expanding, they could start eating crops," she said. "They're known to eat corn and sugar cane in Brazil. That could cause significant economic damage for the state."

Congdon and her students will be studying the animals and trying to come up with a population estimate for the next few months, she said.

"At this point, we're just trying to prevent them from becoming an invasive species, and we don't necessarily know the solution right now," she said. "It could be that we have to remove large males or breeding females. It may be possible to fence in the park so they simple can't escape and control their spread that way."

The "most extreme solution" would be to kill some of them, Congdon said.

"That's the question: How do you humanely stop the spread?" she said. "And it's a fine line for those of us studying these animals. I love them, and they're my favorite animal in the planet, but at the same time, it may be necessary to remove them from here."

For now, Congdon said she will be working hard to do more research on the animal and find potential preventive solutions.

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Ingram Publishing/Thinkstock(NEW YORK) -- Two flights, two hours apart, suffered bird strikes Wednesday morning on arrival at John F. Kennedy International Airport in New York, officials said.

No humans were injured during the two incidents.

JetBlue Flight 1248 reported striking a bird after landing at 8:30 a.m., according to the Federal Aviation Administration.

The Airbus A320, which typically seats up to 150 passengers, had departed from Los Angeles.

Air traffic control audio indicates that a small bird struck the side of the aircraft upon landing.

JetBlue did not immediately respond to a request for comment.

About two hours later, Singapore Airlines Flight 26 hit several birds.

The Airbus jet arriving in New York from Singapore, via Frankfurt, Germany, experienced the collision upon landing, according to an airline statement.

One pilot reported "a big flock of birds just went into the right two engines of that Singapore [Airbus] A380,” according to air traffic control audio.

Officials were forced to close two runways after the incident, according to the audio.

The FAA reported 13,668 bird strikes in the U.S. in 2014, the year for which the most recent statistics are available.

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WPVI-TV(PHILADELPHIA) -- After spending nearly 25 years behind bars for a brutal crime he didn't commit, Tony Wright is a free man.

The Philadelphia resident was just 20 years old when he was convicted and sentenced to life in prison for the rape and stabbing of a neighbor more than two decades ago. Wright, now 44, walked out of prison Tuesday with his arms raised in the air. He held hands with his attorneys and members of the Innocence Project, a nonprofit legal organization based in New York City.

"Unbelievable, unbelievable, man. Best feeling in the world, man. I never felt like this in my entire life," Wright told ABC affiliate WPVI-TV in Philadelphia. "We did it, I mean today is our day."

Lawyers with the Innocent Project secured DNA evidence that showed Wright was not the one who committed the 1991 rape of his neighbor, 77-year-old Louise Talley. Still, the district attorney’s office in Philadelphia decided to take Wright's case to trial again in 2014. On Tuesday, after deliberating for more than an hour, a jury found him not guilty, acquitting him of the rape and murder.

"We are extremely relieved that this very long nightmare is finally over for Mr. Wright and his family," Peter Neufeld, co-director of the Innocence Project, said in a statement. "But it’s outrageous that he has been forced to endure a retrial to gain his freedom after DNA testing already proved his innocence."

"The jury made a finding and the District Attorney's Office respects their hard work," Cameron Kline, spokesman for the District Attorney's Office, said in a statement to the Philadelphia Inquirer Tuesday.

"The District Attorney's Office stands by its decision to retry Anthony Wright, based on the totality of the evidence," Kline said. "The verdict only shows that the jury did not find that his guilt was proven beyond a reasonable doubt."

The Philadelphia District Attorney's office did not immediately respond to ABC News' request for further comment.

Wright narrowly escaped the death penalty at his original trial by a 7 to 5 vote of the jury. At the re-trial, DNA tests revealed that the clothing police had alleged was worn by Wright to commit the crime was actually not his and could not have been in his home as authorities had claimed, according to the Innocence Project.

"We are relieved that justice has prevailed and Mr. Wright has been given back his life," attorney Samuel Silver of Schnader Harrison Segal & Lewis LLP, co-counsel for Wright and board member of the Pennsylvania Innocence Project, said in a statement.

Wright’s new-found freedom comes just in time for his 45th birthday this weekend.

"I want to do whatever my granddaughters want to do. I want to do whatever my grandson wants to do," he told WPVI on Tuesday. "I just want to be grandpa. I just want to be dad."

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WABC-TV(KEANSBURG, N.J.) -- Millions of dead fish recently turned up in Waackaack Creek in Keansburg, New Jersey, according to an official with the state's Department of Environmental Protection (NJDEP).

The dead fish were all Atlantic menhaden, also known as bunker, NJDEP spokesman Lawrence Hajna told ABC News Wednesday. He said they likely died of suffocation.

The menhaden were probably chased by a predator species -- such as striped bass or blue fish -- into an inlet, Hajna said.

"From there, the water gets shallower and warmer, and the fish likely became tightly packed," he explained. "Hemmed in by the shoreline and predators, they used up the dissolved oxygen in the water and basically suffocated."

Nearby residents have been complaining about the stench coming from the rotting fish, ABC-owned station WABC in New York reported.

However, Hajna said the incident was "nothing extraordinary" and "part of a natural cycle."

"There's nothing much we can do except clean up, and that's what's been taking place," he said. "Local governments' public works crews have been scooping up the fish on the shorelines and also using a vacuum truck to take as many fish from the water they can."

Hajna added that some fish will naturally sink, decompose and become part of the creek's nutrient cycle.

"Other crabs and fish will eat them, and it's all just a part of nature," he said.

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