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The officer who fired the gunshots in a deadly swatting prank will not be charged as a Wichita, Kansas prosecutor ruled that the officer "acted reasonably," the Wichita Eagle reported on Thursday.Andrew Finch was killed on Dec. 28 after a prankster called the Wichita Police claiming that Finch was holding the caller hostage, and that multiple others had been shot. When police entered the home, they did not know at the time that the call was a prank. District Attorney Marc Bennett said Thursday that officers believed that Finch was reaching for a gun at the time of the shooting. Officers claimed that Finch was reaching for his waistband, and did not follow instructions to keep his hands up. "This shooting should not have happened," Bennett told the Wichita Eagle. "The officer's decision was made in the context of the false call."Finch was shot roughly 10 seconds after he opened the door. An autopsy confirmed that Finch was wounded by multiple bullet fragments, the Eagle reported. "The family's devastated and the family is disappointed by the decision of the district attorney today," Finch's family attorney told the Eagle. Andrew M. Stroth is representing the family in a federal civil rights lawsuit against the department.  1274

The Kern County, California District Attorney's Office has decided not to file charges against a man who was on death row for more than two decades, setting him free.Lisa Green made the announcement on Tuesday, saying the case would be nearly impossible to retry in court. She said it would be very difficult to convince a jury beyond a reasonable doubt of Benavides' guilt.According to a decision released by the California Supreme Court last month, the convictions of Vicente Benavides in 1993 "were based on false evidence and that he received ineffective assistance of counsel."The decision also says that "false evidence was introduced at trial and that petitioner's convictions of substantive sexual offenses, special-circumstance findings, and judgment of death must be vacated."Benavides was convicted in 1993 of first-degree murder, rape and other charges. He was sentenced to life. He was serving his term on death row in San Quentin. It was asked that his murder conviction be reduced to second-degree murder. That was also thrown out. The judgment has been vacated entirely. The California Supreme Court cited multiple doctors who evaluated 21-month-old Consuelo Verdugo in November 1991 when she died. The baby was taken from the Delano Regional Medical Center to Kern Medical Center then eventually the UCLA Medical Center where she died November 25, 1991.Multiple reports were made by doctors who said based off the inability to insert a catheter, bruising found near Consuelo's genitalia and other factors, they believed she had been sexually assaulted.In the report put out by the California Supreme Court, many of those doctors then admitted later they were wrong in their initial assumptions and those issues "can instead be attributed to medical intervention," like multiple attempts at inserting a catheter.Speaking on behalf of Benavides’s post-conviction legal team after the conviction was lifted, the Habeas Corpus Resource Center’s Interim Executive Director, Michael J. Hersek said he and his team were pleased with today's decision. 2113

The Mega Millions jackpot was a record-breaking .6 billion on oct. 23, and people across the country bought tickets in droves.Those behind the counter selling the lottery tickets say they heard it all from their customers.“If they win, they’ll buy us a new car or a new house,” said Francine Barela of promises she hears from customers at King Soopers in Denver, Colorado.Some people even promised to give a million dollars to the person who sold them the ticket.“You wonder are they really gonna come back? Are they gonna keep their word? But I don't really care whether they do,” Barela said. “Just be nice to know you sold the winning ticket!”Barela and co-worker Eva Bogue handle hundreds of tickets a day, but they rarely play themselves. That is until the jackpot is record-breaking.“The jackpots so big that you gotta take your chances with it,” Barela says.Would they keep their jobs?Bogue quickly replies, “No.” 940

The Justice Department's inspector general has sent a criminal referral regarding former FBI Deputy Director Andrew McCabe to the US attorney's office in Washington, according to a source familiar with the matter.A McCabe spokesperson, the Justice Department and US attorney's office all declined to comment.The IG had found that McCabe "lacked candor" on four occasions when discussing the disclosure of information for a Wall Street Journal article about the FBI's Clinton Foundation investigation, according to a copy of the report obtained by CNN.In addition, the inspector general determined that McCabe was not authorized to disclose the existence of the investigation because it was not within the department's "public interest" exception for disclosing ongoing investigations. The disclosure to the Journal was made "in a manner designed to advance his personal interests at the expense of department leadership," the report said.The findings formed the basis of McCabe's firing last month by Attorney General Jeff Sessions.The-CNN-Wire 1052

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