Tag Archives: Witness

Witness tried to chase down driver who hit and killed man: 'This person just doesn't care'

HOUSTON, Texas (KTRK) — A small memorial now sits on the side of C.E. King Parkway near Tidwell to remember the life that was taken on June 5.

Alex Cerda, 37, was a son, brother and uncle who loved to ride his bike. He was walking alongside his bike on the roadway when he was hit by an SUV, but the driver never stopped to check on him.

Now, the only eyewitness to the homicide is another driver who asked to remain anonymous.

“This is a human being,” the witness told ABC13.

SEE ALSO: Bicyclist killed in hit-and-run remembered with ghost bike at crime scene in northeast Harris County

She was driving into an early shift at work when she saw Cerda walking next to his bike, she slowed down to check on him. He waved her on, but within seconds she says another driver slammed into the pedestrian.

“All I hear (was) a big bump and when I look I saw his body fall under the SUV,” she said.

She says that instead of stopping, the SUV took off and her instincts took over.

“I need to get this person’s plate number, so I followed the vehicle,” she said. “Even honking my horn like, ‘Stop! Stop! You hit somebody.'”

The SUV driver got away and all she got was a picture showing tail lights in the distance.

“There’s people who just don’t care and that’s what happened with (Cerda), this person just doesn’t care,” she said.

Cerda died at the scene, but he was not alone. The eyewitness turned around, called 911, and stayed on the scene for hours.

Police said they are now looking for a dark-colored SUV, with heavy front-end damage. If you know anything about this fatal hit and run call Crime Stoppers at 713-222-TIPS (8477).

Follow Shelley Childers on Facebook, Twitter and Instagram.

Copyright © 2021 KTRK-TV. All Rights Reserved.

Author: Shelley Childers

This post originally appeared on ABC13 RSS Feed

Biden nominates former NSA deputy director to serve as cyber czar

President BidenJoe BidenFederal Reserve chair: Economy would have been ‘so much worse’ without COVID-19 relief bills Biden to meet Monday with bipartisan lawmakers about infrastructure Jill Biden gives shout out to Champ, Major on National Pet Day MORE[6][7][8][9][10][5] rolled out a list of nominees[11] to fill key cybersecurity positions, which drew support from lawmakers on both sides of the aisle. Meanwhile, top senators on the antitrust subcommittee said Apple will send a witness[12] to hearing later this month on app store competition after they pushed back on what they called the tech giant’s refusal to participate. And as more people in the U.S. get their COVID-19 vaccines, Uber said it recorded its highest monthly gross bookings[13] in company history in March.

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BIDEN’S NAMES CYBER LEADERS: President Biden on Monday rolled out a slate of key leaders to head his administration’s approach to cybersecurity, including nominating Chris Inglis, the former deputy director of the National Security Agency (NSA), as the national cyber director at the White House.

Trailblazing role: Inglis will be nominated to serve in the newly created cyber czar position on the same day Biden will nominate Jen Easterly, another former NSA official, to serve as the director of the Cybersecurity and Infrastructure Security Agency (CISA), the nation’s lead agency involved in protecting critical infrastructure from attacks.

“Today, President Biden took another important step forward in strengthening our nation’s cyber capability,” national security adviser Jake SullivanJake SullivanUS mulling cash payments to help curb migration Border czar Roberta Jacobson to step down from post Biden loves the Georgia boycott — So why won’t he boycott the Beijing Olympic games? MORE[15][16][17][18][19][14] said Monday in a statement provided to The Hill. “He will announce his intent to nominate Chris Inglis as National Cyber Director and Jen Easterly as the Director of the Cybersecurity and Infrastructure Agency.”

Bipartisan support: Key lawmakers expressed support[20] for the president’s picks to lead federal efforts on securing the nation against cyber threats.

Read more about Biden’s picks[21]

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WE’LL BE THERE: Apple will send an executive to testify later this month at a Senate antitrust subcommittee hearing after pushback from the top senators on the Judiciary subcommittee, the lawmakers said Monday.

Subcommittee Chair Amy KlobucharAmy KlobucharLobbying world New small business coalition to urge action on antitrust policy Bottom line MORE[23][24][25][26][27][22] (D-Minn.) and ranking member Mike LeeMichael (Mike) Shumway LeeOn management of Utah public lands, Biden should pursue an accountable legislative process Rubio asks MLB commissioner if he’ll give up Augusta golf club membership Why some Republicans think vaccine passports will backfire on Democrats MORE[29][30][31][32][33][28] (R-Utah) had sent a letter to Apple CEO Tim Cook on Friday criticizing the company over its “refusal to provide a witness” to testify at the April 21 hearing on app stores and competition.[34]

The tech giant followed up on Sunday by saying it would send a witness, the senator said. Google will also be sending a witness to the hearing, they said.

Read more here[35]

FUND SEMICONDUCTOR PRODUCTION: A bipartisan group of more than 70 House and Senate lawmakers on Monday called on President Biden to support funds for semiconductor research and manufacturing, as Biden hosted a meeting with technology leaders to discuss a critical shortage in chips.

In a letter to Biden spearheaded by Sen. John CornynJohn CornynOVERNIGHT ENERGY: Dakota Access pipeline to remain in operation despite calls for shutdown | Biden hopes to boost climate spending by B | White House budget proposes .4B for environmental justice 2024 GOP White House hopefuls lead opposition to Biden Cabinet Number of migrants detained at southern border reaches 15-year high: reports MORE[38][39][40][41][42][37] (R-Texas), the lawmakers asked that the president work to fund initiatives for semiconductors created by the CHIPS Act, legislation included in the most recent National Defense Authorization Act, noting the need to compete with China. [36]

Addressing the letter in a separate meeting, Biden pointed to the American Jobs Plan, his $ 2.25 trillion infrastructure proposal, saying he is seeking a “significant” $ 50 billion investment to fund the semiconductor initiatives in the CHIPS Act as part of the package.

Read more here[43]

UBER GOOD NEWS (FOR UBER): Uber said Monday that it recorded its highest monthly gross bookings in company history in March from Uber and Uber Eats as more Americans got vaccinated.

The company’s ride hailing business had its best month since March 2020 with an annualized run rate of $ 30 billion, up 9 percent from the month prior.

At the same time, Uber’s food delivery business reached an annual run rate of $ 52 billion in March.

Combined, it created the most bookings in company history.

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“As vaccination rates increase in the United States, we are observing that consumer demand for Mobility is recovering faster than driver availability, and consumer demand for Delivery continues to exceed courier availability,” Uber said in a filing with the Securities and Exchange Commission.

Read more.[44]

TRUST BUSTER: Sen. Josh HawleyJoshua (Josh) David HawleyMcConnell in tricky spot with GOP, big biz Pence autobiography coming from Simon & Schuster The Hill’s Morning Report – Biden’s infrastructure plan triggers definition debate MORE[46][47][48][49][50][45] (R-Mo.) on Monday unveiled his Trust-Busting for the Twenty-First Century Act, taking a shot at large tech corporations such as Facebook and Google, which critics claim have an anti-conservative bias.

Hawley’s aggressive anti-trust approach harkens back to former President Theodore Roosevelt, the Republican best known for using the Sherman Antitrust Act on business monopolies.

Hawley wants to reform the Sherman and Clayton antitrust acts to make it clear that evidence of anticompetitive conduct is sufficient to support an antitrust claim, which would make it easier for federal regulators to break up dominant firms.

In his press release, Hawley argues that antitrust claims should be pursued without becoming bogged down in academic debates over the definition of particular markets.

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Read more about the proposal[51]

ICYMI: BIDEN WEIGHS IN: President Biden on Sunday praised news of a settlement between two South Korean electric vehicle battery makers engaged in a costly trade dispute, calling it a “win for American workers and the American auto industry.”

“We need a strong, diversified and resilient U.S.-based electric vehicle battery supply chain, so we can supply the growing global demand for these vehicles and components – creating good-paying jobs here at home, and laying the groundwork for the jobs of tomorrow,” Biden said in a statement following reports that LG Energy Solution and SK Innovation Co had settled an intellectual property dispute.

According to Bloomberg, that dispute could have resulted in a lengthy ban on imports of SK’s batteries that would have threatened the U.S. electric vehicle industry as well as thousands of jobs at an SK plant in Georgia. [52]

Read more here[53]

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An op-ed to chew on: Putting our chips on the table [54]

NOTABLE LINKS FROM AROUND THE WEB: 

Revealed: the Facebook loophole that lets world leaders deceive and harass their citizens (The Guardian / Julia Carrie Wong)[55]

Fed chair deems cyber threat top risk to financial sector (CyberScoop / Shannon Vavra) [56]

Parents were at the end of their chain — then ransomware hit their kids’ schools (NBC News / Kevin Collier) [57]

How Amazon Crushed The Union Threat In Alabama (HuffPost / Dave Jamieson)[58]

Welcome to Hillicon Valley, The Hill’s newsletter detailing all you need to know about the tech and cyber news from Capitol Hill to Silicon Valley. If you don’t already, be sure to sign up for our newsletter by clicking HERE. [1]

Welcome! Follow our cyber reporter, Maggie Miller (@magmill95), and tech team, Chris Mills Rodrigo (@chrisismills) and Rebecca Klar (@rebeccaklar_), for more coverage.[2][3][4]

[email protected] (Rebecca Klar,Maggie Miller and Chris Mills Rodrigo)

Dr. Martin Tobin, Chauvin Trial Expert Witness, Dismisses Talk of Overdose

MINNEAPOLIS — It was a video everyone in the courtroom has been shown repeatedly, of George Floyd facedown on the street with Derek Chauvin’s knee on his neck. But this time, it was slowed down so the jury could see the briefest widening of Mr. Floyd’s eyes — what the expert witness on the stand on Thursday said was his last conscious moment.

“One second he’s alive, and one second he’s no longer,” said the witness, Dr. Martin Tobin, adding, “That’s the moment the life goes out of his body.”

Dr. Tobin, a pulmonologist who specializes in the mechanics of breathing, presented the prosecution’s first extended testimony on a central question in the murder trial of Mr. Chauvin: how George Floyd died. “You’re seeing here fatal injury to the brain from a lack of oxygen,” Dr. Tobin said.

Dr. Tobin said that Mr. Chauvin and other police officers had restricted Mr. Floyd’s breathing by flattening his rib cage against the pavement and pushing his cuffed hands into his torso, and by the placement of Mr. Chauvin’s knees on his neck and back.

The doctor pinpointed the moment he said Mr. Floyd had shown signs of a brain injury, four minutes before Mr. Chauvin lifted his knee from his body.

After two days of sometimes tedious law enforcement testimony on procedures and policy, jurors appeared to be riveted by Dr. Tobin’s ability to break down complex physiological concepts, at times scribbling notes in unison.

Leaning into the microphone, tie slightly askew, Dr. Tobin used his hands and elbows to demonstrate how people breathe. He gave anatomy lessons by asking jurors to palpate their own necks, and showed an artist’s rendering of how three officers, including Mr. Chauvin, had been positioned on Mr. Floyd.

He delivered his opinions without a shred of ambivalence, noting that his conclusions were based on “very precise” scientific knowledge like the level of oxygen when someone loses consciousness.

Dr. Tobin said he had watched portions of the video evidence hundreds of times. He had calculated what he said was the exact amount of weight Mr. Chauvin had placed on Mr. Floyd’s neck (86.9 pounds), clocked Mr. Floyd’s respiratory rate and marked the instant he took his final breath: 8:25:15 p.m.

He reassured jurors that many of the medical terms they have heard during the trial — hypoxia, asphyxia, anoxia — all mean essentially the same thing, “a drastically low level of oxygen.”

His testimony may help prosecutors overcome the fact that the official autopsy report did not use the word “asphyxia,” and seemed to make irrelevant the exact position of Mr. Chauvin’s knees, which has come up several times.

“I don’t think I’ve seen an expert witness as effective as this,” said Mary Moriarty, the former chief public defender of Hennepin County, who has been following the televised trial. “He appears to be the world’s foremost expert on this, and he explained everything in English, in layman’s terms.”

The jury has heard repeatedly that police officers are taught that restraining people facedown is dangerous. Dr. Tobin walked the jury through exactly why, explaining first that simply being in the prone position reduces lung capacity.

On top of that, a knee on the neck compressed Mr. Floyd’s airway, he said, and the weight on his back alone made it three times harder than normal to breathe.

Dr. Tobin discounted the oft-repeated adage that someone who can talk can breathe, calling it “a very dangerous mantra to have out there.”

It is technically true, he said, but “it gives you an enormous false sense of security.”

“Certainly at the moment that you are speaking you are breathing,” he continued, “but it doesn’t tell you that you’re going to be breathing five seconds later.”

Using video stills, Dr. Tobin showed the efforts that Mr. Floyd had made to free his torso enough to breathe, trying to use his shoulder, his fingertips and even his face, smashed flat against the pavement, as leverage against the weight of Mr. Chauvin.

He pointed out the toe of Mr. Chauvin’s boot lifting off the pavement, and the telltale kick of Mr. Floyd’s legs that, he said, indicated that he had suffered a brain injury 5 minutes and 3 seconds after Mr. Chauvin first placed his knee on Mr. Floyd’s neck.

The prosecution used Dr. Tobin to pre-emptively poke holes in the defense’s argument that Mr. Floyd’s death was caused by his use of fentanyl, underlying heart disease and other physical ailments.

“A healthy person subjected to what Mr. Floyd was subjected to would have died as a result,” Dr. Tobin said.

Dr. Tobin was born in rural Ireland, went to medical school in Dublin and spoke with a soft Irish lilt. He is a physician in pulmonary and critical care medicine at Edward Hines Jr. V.A. Hospital and Loyola University Medical Center in the Chicago area and has been practicing for more than 40 years, but this was his first time testifying in a criminal case.

He said that he had testified numerous times in medical malpractice cases, and that he had waived his usual fee of $ 500 an hour for the Chauvin trial.

Experts say that working for free could cut two ways, either impressing the jury or suggesting that the witness was biased in favor of one side. Mr. Chauvin’s lawyer, Eric J. Nelson, tried to highlight the latter possibility. “You agreed to waive your hourly rate for this time?” he asked. “You felt it was an important case, right?”

Dr. Tobin disputed a defense assertion that an elevated level of carbon dioxide found in Mr. Floyd’s blood was the result of fentanyl use, attributing it instead to the length of time he was not breathing before he was given artificial breaths in an ambulance.

He said that if fentanyl had been having a significant effect, Mr. Floyd’s respiratory rate would have been slower than normal, and that if Mr. Floyd’s heart disease had been severe, it would have been more rapid. Instead, the rate was normal, he said.

Mr. Nelson pushed back, continuing to press his argument that Mr. Floyd’s death might have been an overdose.

He asked if Mr. Floyd’s breathing may have been inhibited if he had taken fentanyl in the moments before police officers brought him to the ground. Dr. Tobin agreed that it could have been but said that Mr. Floyd had never gone into a coma, as he would have done if he were overdosing.

The prosecution called to the stand two more witnesses on Thursday who undermined the claim that Mr. Floyd died of an overdose. Daniel Isenschmid, a forensic toxicologist at N.M.S. Labs in Pennsylvania, where Mr. Floyd’s blood was tested, said the level of fentanyl in his system was far from being obviously fatal. He said it was common for intoxicated drivers who had used fentanyl and survived to have an even higher level of the drug than was found in Mr. Floyd’s blood.

Dr. William Smock, the police surgeon for the Louisville Metro Police Department and a professor of emergency medicine at the University of Louisville School of Medicine, said Mr. Floyd would have had a much more depressed disposition if he were experiencing a fentanyl overdose. “He’s breathing. He’s talking. He’s not snoring,” Dr. Smock said.

“He is saying, ‘Please, please get off of me. I want to breathe. I can’t breathe.’ That is not a fentanyl overdose. That is somebody begging to breathe.”

Reporting was contributed by Nicholas Bogel-Burroughs and Tim Arango from Minneapolis, John Eligon from Kansas City, Mo., and Sheri Fink and Haley Willis from New York.

Shaila Dewan

Jurors shown witness video at ex-officer's trial in George Floyd's death

MINNEAPOLIS — The video of George Floyd gasping for breath was essentially Exhibit A as the former Minneapolis police officer who pressed his knee on the Black man’s neck went on trial Monday on charges of murder and manslaughter.Prosecutor Jerry Blackwell showed the jurors the footage at the earliest opportunity, during opening statements, after telling them that the number to remember was 9 minutes, 29 seconds – the amount of time officer Derek Chauvin had Floyd pinned to the pavement last May.

The white officer “didn’t let up” even after a handcuffed Floyd said 27 times that he couldn’t breathe and went limp, Blackwell said in the case that triggered worldwide protests, scattered violence and national soul-searching over racial justice.”He put his knees upon his neck and his back, grinding and crushing him, until the very breath — no, ladies and gentlemen — until the very life was squeezed out of him,” the prosecutor said.

Watch opening statements from prosecution, defense in Derek Chauvin trial

Chauvin attorney Eric Nelson countered by arguing: “Derek Chauvin did exactly what he had been trained to do over his 19-year career.”

Floyd was fighting efforts to put him in a squad car as the crowd of onlookers around Chauvin and his fellow officers grew and became increasingly hostile, Nelson said.

The defense attorney also disputed that Chauvin was to blame for Floyd’s death.

Floyd, 46, had none of the telltale signs of asphyxiation and had fentanyl and methamphetamine in his system, Nelson said. He said Floyd’s drug use, combined with his heart disease, high blood pressure and the adrenaline flowing through his body, caused a heart rhythm disturbance that killed him.

“There is no political or social cause in this courtroom,” Nelson said. “But the evidence is far greater than 9 minutes and 29 seconds.”

RELATED: What we know about the jury in George Floyd death trial[1]

Blackwell, however, rejected the argument that Floyd’s drug use or any underlying health conditions were to blame, saying it was the officer’s knee that killed him.

Chauvin, 45, is charged with unintentional second-degree murder, third-degree murder and manslaughter. The most serious charge, the second-degree murder count, carries up to 40 years in prison. This is the first trial ever televised in Minnesota.Bystander Donald Williams, who said he was trained in mixed martial arts, including chokeholds, testified that Chauvin appeared to increase the pressure on Floyd’s neck several times with a shimmying motion. He said he yelled to the officer that he was cutting off Floyd’s blood supply.

Williams recalled that Floyd’s voice grew thicker as his breathing became more labored, and he eventually stopped moving. He said he saw Floyd’s eyes roll back in his head, likening the sight to fish he had caught earlier that day.

Williams said he saw Floyd “slowly fade away … like the fish in the bag.”

WATCH: Family remembers George Floyd at Minneapolis funeral service

Earlier, Minneapolis police dispatcher Jena Scurry testified that she saw part of Floyd’s arrest unfolding via a city surveillance camera and was so disturbed that she called a duty sergeant. Scurry said she grew concerned because the officers hadn’t moved after several minutes.

“You can call me a snitch if you want to,” Scurry said in her call to the sergeant, which was played in court. She said she wouldn’t normally call the sergeant about the use of force because it was beyond the scope of her duties, but “my instincts were telling me that something is wrong.”

The video played during opening statements was posted to Facebook by a bystander who witnessed Floyd being arrested after he was accused of trying to pass a counterfeit $ 20 bill at a convenience store. The footage caused revulsion across the U.S. and beyond and prompted calls for the country to confront racism and police brutality.

Jurors watched intently as the video played on multiple screens, with one drawing a sharp breath as Floyd said he couldn’t breathe. Chauvin sat calmly during opening statements and took notes, looking up at the video periodically.

“My stomach hurts. My neck hurts. Everything hurts,” Floyd says in the video, and: “I can’t breathe, officer.” Onlookers repeatedly shout at the officer to get off Floyd, saying he is not moving, breathing or resisting. One woman, identifying herself as a city Fire Department employee, shouts at Chauvin to check Floyd’s pulse.

The prosecutor said the case was “not about split-second decision-making” by a police officer but excessive force against someone who was handcuffed and not resisting.

Blackwell said the Fire Department employee wanted to help but was warned off by Chauvin, who pointed Mace at her.WATCH: Residents in Floyd’s hometown paints legacy onto streets

“She wanted to check on his pulse, check on Mr. Floyd’s well-being,” the prosecutor said. “She did her best to intervene. … She couldn’t help.”

The timeline differs from the initial account submitted last May by prosecutors, who said Chauvin held his knee on Floyd’s neck for 8 minutes, 46 seconds. The time 8:46 soon became a rallying cry in the case. But it was revised during the investigation.

Fourteen jurors or alternates are hearing the case – eight of them white, six of them Black or multiracial, according to the court. Only 12 will deliberate; the judge has not said which two will be alternates.

About a dozen people chanted and carried signs outside the courthouse as Floyd family attorney Ben Crump, the Rev. Al Sharpton and members of the Floyd family went inside. Crump blasted the idea that the trial would be a tough test for jurors.

“We know that if George Floyd was a white American citizen, and he suffered this painful, tortuous death with a police officer’s knee on his neck, nobody, nobody, would be saying this is a hard case,” he said.

The downtown Minneapolis courthouse has been fortified with concrete barriers, fences and barbed and razor wire. City and state leaders are determined to prevent a repeat of the riots that followed Floyd’s death, with National Guard troops already mobilized.

Chauvin’s trial is being livestreamed over the objections of the prosecution. Judge Peter Cahill ordered that cameras be allowed largely because of the pandemic and the required social distancing, which left almost no room for spectators in the courtroom.

RELATED: Snap-decision defense may not work for ex-cop in George Floyd trial[2]

Copyright © 2021 by The Associated Press. All Rights Reserved.

AP

Witness describes finding Tiger Woods after California crash

A man who lives near the site where Tiger Woods crashed said he heard the crash and walked to the SUV, according to court documents.

ROLLING HILLS ESTATES, Calif. — A man found Tiger Woods unconscious in a mangled SUV after the golf star crashed the vehicle in Southern California, authorities said in court documents obtained Friday.

The man, who lives near the site in Rolling Hills Estates, heard the crash and walked to the SUV, Los Angeles County sheriff’s Deputy Johann Schloegl wrote in an affidavit.
The man told deputies that Woods would not respond to his questions. The first deputy on the scene, Carlos Gonzalez, has said Woods was able to talk to him and answer basic questions. Woods told deputies — both at the scene and later at the hospital — that he did not know how the crash occurred and didn’t remember driving, according to the affidavit.
Law enforcement has not previously disclosed that Woods had been unconscious following the crash. Officials had said earlier that the SUV had rolled over, though Schloegl’s description of the crash did not include that.
The information came in a statement of probable cause requesting that a search warrant be approved for the Genesis SUV’s data recorder, known as a black box. Schloegl requested data from Feb. 22 and Feb. 23. The crash occurred around 7 a.m. on Feb. 23.
“I believe the data will explain how/why the collision occurred,” Schloegl wrote.
Sheriff’s representatives have declined to say what was discovered in the recorder and did not immediately respond to an additional request for comment Friday. The man mentioned in the court documents did not immediately return requests for comment from The Associated Press.
Woods was driving a 2021 GV80, made by the Hyundai luxury brand, as the tournament host of the Genesis Invitational at Riviera Country Club. The SUV went off a Los Angeles County road and crashed on a downhill stretch known for wrecks.
Dr. Andre Campbell, a trauma surgeon at Zuckerberg San Francisco General Hospital and Trauma Center, said it’s not unusual for patients in major vehicle crashes to lose consciousness or suffer memory lapses — especially if they sustained head injuries.
“This is a credit to modern engineering, really, that he’s alive,” said Campbell, who is not involved in Woods’ treatment and spoke generally about trauma patients.
Campbell said the loss of consciousness could last just a few seconds or a couple minutes, or even a few hours. The memory loss may never return, he said.
“A lot of times people will tell you, ‘I don’t remember what happened,’” he said.
Sheriff Alex Villanueva has said Woods was driving alone in good weather, there was no evidence of impairment, and the crash was “purely an accident.”
Schloegl previously told USA Today that he did not seek a search warrant for Woods’ blood samples, which could be screened for drugs and alcohol. In 2017, Woods checked himself into a clinic for help dealing with prescription drug medication after a DUI charge in Florida.
RELATED: Detectives look at SUV’s ‘black box’ from Tiger Woods crash
RELATED: PGA tour golfers honor Tiger Woods by wearing red
RELATED: Road where Tiger Woods crashed is known for high speeds
The crash injured Woods’ right leg, requiring a lengthy surgery to stabilize shattered tibia and fibula bones in his right leg. A combination of screws and pins were used for injuries in the ankle and foot.
It was the 10th surgery of his career, and came two months after a fifth back surgery. Through it all, Woods has never gone an entire year without playing, dating back to his first PGA Tour event as a 16-year-old in high school.