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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

DENVER —An Aurora, Colorado high school athlete was turned away from a Texas university recently after the school’s head baseball coach told him the school no longer recruits Colorado athletes because of past issues with drug testing. The Cherokee Trail High School student expressed interest in attending Texas Wesleyan University in the Dallas-Fort Worth area on a baseball scholarship but was rejected in an email sent to the student by Head Baseball Coach Mike Jeffcoat.Jeffcoat writes, “Thanks for the interest in our program. Unfortunately, we are not recruiting players from the state of Colorado. In the past, players have had trouble passing our drug test. We have made a decision to not take a chance on Student-athletes from your state. You can thank your liberal politicians. Best of Luck wherever you decide to play.”Although not explicitly mentioned in the email, Jeffcoat is likely referring to Colorado's recreational marijuana laws. The university said it is aware of the email and is investigating the matter. John Veilleux, a spokesperson for Texas Wesleyan University, said the letter in no way reflects TWU, its values or recruiting practices. Veilleux declined to say if previous Colorado athletes had trouble passing drug tests. The school released the following statement:We are aware of the email sent by our baseball coach, and the comments he made are in no way a reflection of Texas Wesleyan University, its values or its recruiting practices.This is a personnel matter and it is currently under investigation. It is our University policy to not discuss personnel matters, but we want to reiterate that this email does not reflect our values and we do not condone discrimination. This includes discrimination on the basis of race, color, origin, ethnicity, gender, age, religion, disability or sexuality; or the political legislation of one’s home state. We are committed to providing an inclusive campus for all of our students, faculty, staff, visitors, potential students and their families.Texas Wesleyan has a long tradition of excellence in athletics and we are committed to recruiting student-athletes who will excel at our university. Like the NAIA’s core values, we are focused on building and recruiting champions of character. 2328

DENVER – The man accused of killing 26 people and wounding 20 others at a Texas church on Sunday bought two weapons in Colorado and at one point was charged with animal cruelty in Colorado Springs for beating and dragging his dog.Devin Patrick Kelley, 26, was living at a trailer park in Colorado Springs in 2014, according to state voter registration records.In August 2014, he was charged with animal cruelty – neglect or mistreatment. According to a police report from the El Paso County Sheriff’s Office, a woman called deputies just after 10 p.m. to report a Husky puppy running through the Fountain Creek RV Park, where Kelley was staying at the time.The woman reported that she had seen a man, later identified as Kelly, jump on the dog and punch it in its head and neck several times. Another man reported Kelley was yelling at the dog while hitting it, and that the dog was “yelping and whining.” Two others corroborated the story.“She stated she witnessed four to five punches and then the male suspect grabbed the dog by the neck and drug him away,” the report says.The witness said Kelley drug the dog back to a camper at lot 60, which is where Kelley was staying. When deputies went to the door of the camper, Kelley refused to come out and speak to officers, or to show them the dog.After some time, Kelley agreed to come out and talk to deputies, according to the report. One deputy said the dog appeared underweight, and a sergeant got Kelley to tell him he chased after the dog when it wouldn’t obey his commands not to run away.He further told deputies that he had jumped on top of his dog because “it was acting aggressive to another dog,” but denied beating the dog or dragging it back to the camper.Kelley was placed in a patrol vehicle and issued a summons in the case. The dog was taken by a deputy to the Veterinary Specialty Center in El Paso County and was to receive veterinary care, according to the report.The Fountain Creek RV Park told Denver-based KMGH on Sunday it did not recognize his name, nor did it keep electronic records of who had stayed there.Court records show that Kelley was also charged with failing to signal and speeding two months later, in October 2014. A day before Christmas of that year, he pleaded guilty to failing to signal, and was ordered to pay a 5 fine. The speeding charge was amended.Kelley received a deferred sentence in the case of 18 months of unsupervised probation. The case was dismissed once he successfully completed the probation, a Colorado court spokesperson confirmed to KMGHKelley served in the Logistics Readiness division of the U.S. Air Force from 2010, and was stationed at Holloman Air Force Base in New Mexico until 2014. The base is located about 90 miles northeast of El Paso, Texas.In 2012, he was court-martialed for two counts of assault on his then-wife and their child, the Air Force confirmed to KMGH. He was sentenced to 12 months of confinement and a rank reduction. He and his wife divorced that year.Air Force officials said Sunday Kelley had received a bad conduct discharge.An official with the Bureau of Alcohol, Tobacco, Firearms and Explosives said at Monday morning’s press conference that Kelley had bought four guns—one in each of the past four years.The ATF official, Fred Milanowski, said three guns were recovered at the scenes of the shooting and of Kelley’s death: a Ruger AR-556 rifle, which was used in the shooting at the church, and a Glock .9mm and Ruger .22-caliber handgun that were both found in Kelley’s vehicle when he was found dead.It’s unclear which weapons Kelley bought in Colorado, but at least one of those recovered at the scene was bought in the Centennial State.But according to CNN, Kelley used a Colorado Springs address to buy the AR-556 he bought at a San Antonio outdoors store in 2016.He also tried to get a license to carry a weapon in Texas, but was denied, according to Texas Gov. Greg Abbott.A Department of Public Safety spokesman said that had Kelley received a dishonorable discharge from the military, he would have been prohibited from buying weapons. But the spokesman said officials “do not have all that documentation yet” and would need to further determine what his conviction was in the military.Kelley did have a license to be a non-commissioned private security guard, but was not allowed to carry a weapon. But officials said Kelley cleared background checks for the license.Authorities said Monday that Kelley’s former mother-in-law was a parishioner at the Sutherland Springs church, and that Kelley had threatened her before. The officials said they believed the shooting was domestic-violence related, and added they’d found no racial or religious motivations yet.They also noted that one man engaged Kelley with a semi-automatic rifle outside the church after much of the carnage had already been done. The man shot Kelley, and Kelley dropped his weapon and fled in his vehicle, a DPS spokesman said Monday.The Good Samaritan and another man jumped in a vehicle and chased Kelley, officials said. At some point, Kelley called his father to tell him he’d been shot and “didn’t think he was going to make it.”Officials said evidence shows that Kelley shot himself while he was fleeing, but said the pathologist would determine his exact cause and manner of death. 5343

DEL MAR, Calif. (KGTV) - The COVID-19 pandemic-related shutdowns are impacting cities across San Diego, and the seaside village of Del Mar is no different.Alex and William Rhett opened a childrens' book store in Del Mar a year ago."The pandemic killed us as a business, but the community brought us back, and here we are," said Alex.The couple just opened Sandcastle Tales at its new location in the Del Mar Plaza."We feel overwhelmed, excited, happy what else very, very thankful," said Alex.The bookstore and the just-opened School of Rock are part of an effort to attract younger crowds to the plaza, located at 1555 Camino Del Mar"You just can't apply the same old formula that you had before, so you have to get a new mix of tenants, a new synergistic group of people that bring a variety of age groups to the plaza," said Patty Brutten.Patty and Marc Brutten spent roughly forty-million dollars buying the plaza in 2017."The successes have been very few and far between. It's been a long hard road," said Patty.Competition from One Paseo, Flower Hill Promenade, and online retail has made it tough to attract new tenants."I don't think anyone else would have stuck with it like we do just because we live here, we're community members," said Patty.Since the pandemic hit, some businesses have closed their doors. Lorna Jane, an athletic apparel recently closed. Prep Kitchen is closed just up the street, and a newly opened barbershop is no longer operating. But two new restaurants are moving into the plaza. Outdoor concerts on the deck continue to be popular. "We really hope everyone can really rediscover the plaza," said Patty.City leaders say retail and restaurants are struggling, but the most significant hit came when the San Diego County Fair was canceled, and the horse races went on without spectators. "Biggest loss is sales tax from the fairgrounds, and that's close to a million dollars," said Del Mar City Councilman Dave Druker. The city has benefited though from an increase in people at the beach."The beaches have been extremely busy. Instead of 10,000 we're getting closer to 40,000 on a weekend," said Druker.Back at Sandcastle Tales, the owners are grateful for another chance."I feel like one of the best opportunities I have ever had, and we want to give back," said Rhett. The store will offer bilingual story time as well as other arts and crafts workshops. Check their website for updates at SandCastleTales.com. 2455

Deeply anguished & distressed at the air accident in Kozhikode. The @FlyWithIX flight number AXB-1344 on its way from Dubai to Kozhikode with 191 persons on board, overshot the runway in rainy conditions & went down 35 ft. into a slope before breaking up into two pieces.— Hardeep Singh Puri (@HardeepSPuri) August 7, 2020 338