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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
Delta Airlines has added more than 400 people to its “no-fly” list during the pandemic for refusing to comply with the airline’s mask policy, according to a company memo obtained by CNN.“As of this week, we’ve added 460 people to our no-fly list for refusing to comply with our mask requirement,” Delta’s CEO, Ed Bastian, reportedly wrote in the message to employees.This is an increase of nearly 200 people in the last few months. In July, Delta said they had banned around 240 passengers since the pandemic began.Major airlines require masks or facial coverings on all flights and many ask for them to be worn at the gate and during checkin at the airport.In June, airlines agreed to ban customers from future flights for refusing to wear masks, however CNN reports the airlines are not sharing information about the passengers they have banned. 855

DEL MAR, Calif. (KGTV) - Renting or owning a home in Del Mar is way out of reach for most San Diego families. But unlike other coastal cities, Del Mar has zero affordable apartments. Instead, Del Mar subsidizes rent for six low-income families. On Monday, the county's smallest city could get on the way to offering affordable homes. The Del Mar City Council could move to take advantage of a new state law that streamlines permitting for accessory dwelling units, like a granny flat in the backyard or a separate apartment within a house. The city may ask families who build those units to commit to leasing them to low-income families for thirty years. In exchange, the homeowners would get an additional 500 square feet of space above current zoning when they want to add on to their properties. “There is nothing that brings me to life or makes me feel more at home than being near the coast, and I think it's a blessing and wonderful opportunity,” said Kari Arendsen, who was visiting Dog Beach. The city is hoping to start the program with two homeowners, but ultimately aims to get 22 affordable homes on line. The affordable homes would be for families earning at least 80 percent of the median income, so a family of two earning about ,200 a year would qualify. An individual could earn as much as ,950; a family of three could earn up to ,600, and a family of four ,750. 1441
DENVER – Colorado Attorney General Phil Weiser will investigate whether criminal charges are warranted against anyone involved in the death of Elijah McClain, Gov. Jared Polis announced Thursday afternoon.Polis designated Weiser as the state prosecutor through an executive order and said that if the attorney general’s investigation supports prosecution of anyone tied to McClain’s death, that Weiser would prosecute the case.“Elijah McClain should be alive today, and we owe it to his family to take this step and elevate the pursuit of justice in his name to a statewide concern,” Polis said in a statement.READ MORE: What we know about the death of Elijah McClainPolis’ announcement came less than a day after his office said he had told his legal counsel to determine if the state could step in and investigate the case surrounding McClain’s death, which has garnered national attention since demonstrations began after the death of George Floyd and other deaths of Black Americans at the hands of police have become more widely known.“Elijah McClain should be alive today. His life mattered and his death was tragic,” Weiser said in a statement. “The pain, frustration, and anger that his family and many Coloradans are feeling from his death is understandable and justified. Whenever someone dies after an encounter with law enforcement, the community deserves a thorough investigation. Our investigation will be thorough, guided by the facts, and worthy of public trust and confidence in the criminal justice system.”Polis’ announcement of a state investigation also comes as the members of the Aurora Public Safety Policy Committee seeks a list of potential outside investigators by the middle of next month, and as Aurora Mayor Mike Coffman seeks to have a vote at a council meeting on July 6 on whether to authorize another independent investigation into the case.The independent investigation has been fraught with controversy since many council members felt the original outside probe, led by a Connecticut-based attorney with ties to law enforcement, was not independent enough. That contract was terminated June 10 and Mayor Mike Coffman said in a tweet that “another individual will be selected by the Mayor and the City Council.”Though calls for an external review and independent investigation into McClain’s August 2019 death have been ongoing in Colorado since it happened, the heightened awareness regarding the case nationally has brought further pressure from the public for another investigation. The city has already changed department policies directly tied to McClain’s death.McClain suffered a heart attack on the way to a hospital after the Aug. 24 incident, which happened in the 1900 block of Billings Street. Officers had responded to a call about a suspicious man wearing a ski mask and waving his arms. When they arrived, they contacted McClain, who they claimed resisted when the officers tried to detain him, police said.A struggle ensued, and a responding officer requested that a paramedic give McClain a dose of ketamine "due to the level of physical force applied while restraining the subject and his agitated mental state," officials said.But in the department's review of the incident earlier this year, the board found that the officers "had a lawful reason to contact Mr. McClain."The board also found that the force applied by officers — which included a carotid control hold — during the incident was "within policy and consistent with training."The carotid hold has since been banned by the department.The Adams County Coroner conducted the autopsy on McClain and ruled that the manner of his death was "undetermined," saying it could not determine whether his death was an accident, due to natural causes or a homicide.District Attorney Dave Young said in an interview Wednesday he has been inundated with calls and some attacks on him and his family. He encouraged those sending emails to read his decision.He sent out a lengthy statement on Thursday morning reiterating that he had not “cleared the officers” involved in McClain’s death. Click here to read his full statement.“This statement is not only incorrect, it does not adequately convey the role of the district attorney or the decision I was called upon to make,” Young said. “Consequently, given the degree of public interest with this investigation, it is important for me to explain the process, along with my authority and decisions with respect to the case involving the death of Mr. McClain.”Polis said he was “moved” after speaking with McClain’s mother, Sheneen McClain, and his friends about Elijah.“As a father, my heart breaks for the McClain family. All Coloradans should be safe walking home from the convenience store, or just being in their own neighborhoods listening to headphones. Unfortunately, I know that is not how many people -- especially young people of color -- feel in our state today, because I’ve heard it from them directly. We need to do a better job, and at a bare minimum they deserve a thorough review of the case,” Polis said.“The cries for justice have gone unheard too long, but I am proud of Colorado for taking this step today. Walking home while black is not a crime and should never be a death sentence. No more excuses, it’s time to fire the officers and paramedics that were involved and prosecute them to the full extent of the law,” said Rep. Leslie Herod, D-Denver, in a statement. She has worked closely with the McClain family to bring justice in his case.Weiser said that he supports Aurora’s efforts to bring in another outside investigation and said that his office would work with them “to the extent possible to ensure accountability and so that important lessons are learned from this tragedy.”“In the coming months, we will work with the General Assembly on any resources needed to fulfill the Executive Order. In order to maintain impartiality and integrity in the process, we will not have further comment on this case until we announce our findings,” Weiser said.This story was originally published by Blair Miller at KMGH. 6099
DEL MAR, Calif. (KGTV) - A horse died Monday at the Del Mar Fairgrounds, the fourth death at the track since the start of the summer racing season in July. “We are saddened to confirm that Bri Bri, an unraced three-year-old filly, was humanely euthanized today after suffering a serious injury to her pelvis during training,” the Del Mar Thoroughbred Club read in a statement. “We are deeply sorry for her and her human connections.” Emergency personnel and track veterinarians responded to the emergency immediately, said DMTC officials. Del Mar was among the nation’s safest racetracks last year, but experienced the deaths of two horses on the second day of the season. Charge A Bunch, trained by Carla Gaines, ran headfirst into Carson Valley, trained by Bob Baffert. Another of Baffert’s horses, Bowl of Soul, had a fetlock injury and was euthanized less than two weeks later. Bri Bri was trained by Jim Cassidy. Track officials said they will meet with him to discuss the matter. “Del Mar has implemented a series of safety and welfare reforms over the last several racing seasons, including the creation of an independent five-member panel to review all entries. To date, there have been no fatal injuries during racing in the current summer meet,” said DMTC officials. 1284
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