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DENVER (AP) — A Colorado police officer will not face charges for fatally shooting a homeowner who had just killed an intruder inside his suburban Denver home, prosecutors said in a letter released Monday.Adams County District Attorney Dave Young described Richard "Gary" Black's death as a "harrowing tragedy" but said his role was to determine whether the Aurora Police officer who shot the 73-year-old Vietnam War veteran was justified in using deadly force.Based on witness interviews and more than 90 videos captured by officers' body cameras, Young said Officer Drew Limbaugh did not know who Black was and fired when the homeowner refused police commands to drop his handgun.Young said Limbaugh's belief was reasonable and prosecutors cannot prove that the officer was not justified in firing. He said there also is no evidence that Limbaugh was reckless or criminally negligent."Officer Limbaugh engaged in conduct that was consciously focused on minimizing the risk to public safety," Young wrote.At the time of the shooting, Young said police did not know that Black had woken after midnight to investigate banging sounds and soon heard his 11-year-old grandson screaming as an intruder attacked him inside the bathroom. Police also did not know that the intruder, later identified as Dajon Harper, was lying on the bathroom floor after being shot twice by Black, he said."The evaluation of Officer Limbaugh's reasonable belief must be based not upon what we now know, but the circumstances as he perceived them at the time: hearing gunshots and then seeing an armed man emerge from a back room who refused commands to drop the weapon," Young wrote.The witnesses and police officers interviewed by investigators paint a chaotic scene. Young said police arriving at the home in Aurora around 1:30 a.m. on July 30 had little information and no description of a suspect.Within seconds, he said police heard gunshots inside the house and saw Black come into the hallway holding a handgun in one hand and a flashlight in the other. Young said the body camera footage shows police repeatedly told Black to drop his weapon before he came toward officers, raising the flashlight, and Limbaugh fired three times.Police have said Black had hearing impairment due to his military service. Young wrote that Black may not have heard the commands or recognized the officers as police but said that does not change Limbaugh's "reasonable belief that Mr. Black presented a threat."Witnesses told police that Harper was at a party at a family member's home nearby and may have been using drugs. Early that morning, he ran away and apparently broke down the Black family's front door.Black's grandson told police he woke up after feeling a cold breeze. He described walking toward his father's bedroom but then seeing a stranger showering as he passed the open bathroom door.The boy said the man grabbed him, locked the bathroom door and was strangling him before his father and grandfather were able to get inside the room.Harper, who was 26, died after being shot twice in the chest by Black. An autopsy report found levels of marijuana and methamphetamine in his blood. 3172

DEL MAR (KGTV): The Del Mar Racetrack will open it's fall season Friday afternoon, it's the fifth year of the Bing Crosby Racing Season."You got 16 days to basically, do everything," says CEO Joe Harper.The shorter season features smaller crowds and smaller fields, but trainer Peter Miller says that's part of its charm."It's easy to get a drink. It's easy to get a bet down. It's easy to watch the races. It's better," he says. "And it's better to train the horses on this kind of a laid back, easy going situation."Miller's horses won 31 races at Del Mar over the summer. He hopes to have similar success over the next month.Around the track, Harper says betters can have success by getting more access to horses and betting lines."It's a short meet. It's full of good horses and good racing. It's a local's meet, which I love, a little less hectic than the summer," says Harper.The track has 16 days of racing planned, and every day has some kind of theme, festival or concert. That includes a special Veterans Day event and even a Thanksgiving dinner for families that want to take in the races on the holiday.Full details on tickets and events can be found here.  1187

DETROIT — After plate umpire Quinn Wolcott was struck in the shoulder by a fastball from a Detroit Tigers pitcher during a baseball game this week, Major League Baseball is reviewing the incident.The pitch from Buck Farmer went past the mitt of backup catcher John Hicks when it hit Wolcott in the game against the Cleveland Indians, the Associated Press reports. Two batters prior, the ump had ejected another catcher and manager Brad Ausmus after a close pitch to Cleveland's Jay Bruce.The MLB is looking into circumstances around the strike. Wolcott was knocked over by it and questioned whether it happened on purpose.The Tigers had bickered with the umpire throughout the game prior to the hit, the AP reports.Detroit lost the game 5-3.Ausmus said in an interview that if any player struck an umpire intentionally he would "deal with that very severely." 882

DENVER – The 19th Judicial District Attorney’s Office on Thursday released a massive cache of documents and interviews related to the Chris Watts case following open records requests.Watts pleaded guilty earlier this month to killing his pregnant wife Shanann Watts and their two young daughters at their home in Frederick, Colo. in August. He was sentenced to three consecutive life terms without the possibility of parole, after which prosecutors started releasing all the documents related to the case.Last week, prosecutors released thousands of pages of documents that contained interviews and information about the investigation, which showed more details about how Watts killed his family and hid their bodies and the deteriorating relationship between himself and Shanann. 793

DENVER – Sen. Cory Gardner, the chair of the National Republican Senatorial Committee, said Wednesday that Roy Moore, the Republican candidate for Alabama’s U.S. Senate seat, should drop out of the special election if the allegations he had a sexual relationship with a teen girl are true.The Washington Post broke the story Wednesday that in 1979, Moore—then a 32-year-old district attorney—had a sexual encounter with a girl who was 14 years old at the time.The Post reported that after meeting the girl one day, Moore picked her up days later, took her to a wooded area, kissed her, removed his clothes, and touched her inappropriately.Three other women told The Post Moore had pursued them while he was in his 30s and they were between 16 and 18 years old, though they said no sexual contact occurred.Moore denied the allegations, calling them “completely false” and a “desperate political attack” by the Democratic Party and Washington Post. His campaign said the report was “the very definition of fake news and intentional defamation.”But Colorado's Gardner, who as chairman of the NRSC is in charge of helping elect and re-elect Republicans to the U.S. Senate, appeared to be taking the report seriously.“The allegations against Alabama Senate candidate Roy Moore are deeply troubling,” Gardner said in a prepared statement. “If these allegations are found to be true, Roy Moore must drop out of the Alabama special Senate election.”Gardner, as the NRSC chair, endorsed Moore in late September after he defeated Sen. Luther Strange, whom President Trump had publicly supported, in the special primary.“Roy Moore will be imperative to passing a conservative agenda, and we support him in keeping this seat in Republican hands,” Gardner said in a statement at the time, saying the NRSC’s focus “is always on keeping a strong Republican majority in the Senate.”Moore has been under fire since he was announced as the challenger to Strange. He has in the past called homosexuality “a crime against nature,” has questioned whether President Obama was born in America, and has said that he didn’t think Muslims should serve in Congress.Despite Gardner’s statement Thursday, Alabama’s Secretary of State’s Office said Thursday that his name can’t be removed for the ballot even if he were to drop out of the race.Senate Majority Leader Mitch McConnell also, however, said that Moore should “step aside” if the allegations are true.Other top Senate Republicans—John Cornyn of Texas, Jeff Flake of Arizona and Pat Toomey of Pennsylvania agreed, with Cornyn calling the report “deeply troubling.”Sen. John McCain, R-Arizona, said Moore should step aside without saying further investigation was necessary."The allegations against Roy Moore are deeply disturbing and disqualifying," McCain said in a tweet. "He should immediately step aside and allow the people of Alabama to elect a candidate they can be proud of."But Alabama State Auditor Jim Zeigler came to Moore's defense."Take Joseph and Mary. Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus. there's just nothing immoral or illegal here," Zeigler told the Washington Examiner.Moore faces Democrat Doug Jones in the special election on Dec. 12. 3247