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DENVER, Colorado – One of the many questions surrounding the killings of a pregnant Frederick woman and her two daughters that people have asked is why Chris Watts isn’t being investigated for murder charges in the death of his and his wife Shanann’s unborn child.While Watts, 33, likely will not be formally charged in connection with the deaths of 34-year-old Shanann Watts and their daughters, 3-year-old Celeste and 4-year-old Bella, until at least Monday, he faces investigation on one count of first-degree murder after deliberation; two counts of first-degree murder – position of trust; and three counts of tampering with a deceased human body.Prosecutors face a 3:30 p.m. Monday deadline to file formal charges. Watts’ next court appearance is scheduled for 10:30 a.m. Tuesday.PHOTOS: Chris Watts arrested, charged for family deathsHigh-ranking law enforcement sources tell KMGH television station Watts confessed to the killings and that the bodies of the two girls were found inside oil and gas tanks in Weld County. The body believed to be Shanann was discovered nearby, authorities said Thursday.Shanann was 15 weeks pregnant when she was killed, which has again inflamed discussion of whether an unborn child’s death should lead to murder charges.There are 38 states that have fetal homicide laws on the books, according to the National Conference of State Legislatures, though Colorado is not one of them. However, Colorado does have several criminal statutes that apply specifically to crimes committed against pregnant women.Perhaps chief among them is the state’s “unlawful termination of a pregnancy” statute, which is a class 3 felony.The most high-profile case in which the charge was used was the trial of Dynel Lane, who was convicted on the charge as well as attempted murder and other charges in 2016 after she cut the fetus from a Longmont woman’s womb a year earlier. In that case, the baby died but the mother lived.Stan Garnett was the Boulder County District Attorney at the time and oversaw the prosecution of Lane. Now an attorney with Denver-based Brownstein Hyatt Farber Schreck, Garnett is one of the top experts on how Colorado deals with deaths involving unborn children.He talked about the statute in an interview with Denver7 Thursday, discussing how it could be used in the Watts case and explaining why it would be difficult for Weld County prosecutors to file a murder charge related to the unborn child in the case.“Under both Colorado statute as it’s interpreted by the Colorado Supreme Court and Colorado case law unless a child is born alive and is then killed after living independently from the mother, it’s virtually impossible to bring a homicide charge,” Garnett said.He said that it seems extremely unlikely a fourth murder charge would be filed should prosecutors go that route.“I don’t know the fact patterns of the case, but it will be virtually impossible to file a murder charge in connection with the death of the unborn child,” Garnett said. “Colorado requires that the child live outside of the mother’s womb independently and then be killed as a result of something that occurs then.”But he said that the prosecutor overseeing the Watts case, Weld County District Attorney Michael Rourke, is an “excellent” DA and that he believes that it’s possible that unlawful termination of a pregnancy charges are brought against Chris Watts.“If, in fact, the facts are the baby was killed in the womb of the mother due to action of the defendant, if that facts support that, then I would not be surprised if there’s an unlawful termination of a pregnancy claim brought,” Garnett said.After Lane was convicted in the fetal abduction case and sentenced to more than 100 years in prison, some state lawmakers tried to pass a law that would have classified the killing of a fetus as a homicide in certain cases, but the bill failed, mostly over concerns that it infringed on women’s reproductive rights.Garnett said that the emotion surrounding such bills and the politicization of the issue has made it difficult for lawmakers to agree. He himself says he doesn’t think a fetal homicide law is necessary in Colorado. State voters handily defeated a “personhood” measure that made the 2014 ballot 65 percent to 35 percent.“In my view, we don’t need a fetal homicide issue. In fact, the statutes we have work pretty well,” he said. “The issue, of course, is these statutes implicate issues around a woman’s right for reproductive freedom. And trying to fashion a statute that will deal with what we all believe needs a criminal penalty without impacting the constitutional right to choose is very difficult and very emotional.”Garnett said he thinks the unlawful termination of a pregnancy low “does a pretty good job of threading the needle.”He said that while reviewing evidence in the Lane case, he received at least 5,000 emails from all over the country discussing homicide charges. And he said that he believes Rourke is likely under pressure from people and groups across the country over the same issue.“I’m sure the DA in Weld County now, as he’s reviewing the evidence, is getting similar input from the public,” Garnett said. “The reality is a district attorney doesn’t charge a case based on public outcry, he charges it based on what the evidence is and what the law is.”For more on what we know so far about the Watts family murders, click here.KMGH's Liz Gelardi contributed to this report. 5479

DALLAS (AP) — A white former Texas police officer was found guilty of murder on Tuesday for fatally shooting an unarmed black teenager last year as the boy left a house party in a car full of teenagers.Roy Oliver was fired from the Balch Springs Police Department days after the April 2017 shooting. Oliver killed 15-year-old Jordan Edwards after the then-officer fired into a moving car carrying five black teenagers leaving a local house party. Edwards was in the front passenger seat.Oliver testified during the Dallas County trial that he opened fire after seeing the car move toward his partner. He says he thought his partner was in danger. But his partner told jurors he didn't fear for his life and never felt the need to fire his weapon.The shooting launched the Dallas suburb of Balch Springs into a national conversation on issues of law enforcement and race. Experts said ahead of the trial that securing convictions against an officer was challenging, in part because criminal culpability in on-duty shootings is subjective and jurors are more inclined to believe police testimony.In closing arguments, defense attorneys told the jury they needed to evaluate the circumstances from Oliver's viewpoint and from what the former officer knew at the time. But prosecutors described Oliver as out of control and looking for a reason to kill. They argued that his firing into the car wasn't reasonable.The shooting came after Oliver and his partner, Tyler Gross, had broken up a large house party following a report of underage drinking. Both officers were inside the residence when they heard gunfire outside and responded. Authorities later determined the shots were fired near a nursing home in the area.Oliver retrieved his rifle and went toward Gross, who was ordering the car carrying Edwards to stop. Oliver testified that he saw the car back up and stop for a second before moving forward and going toward Gross.Testifying in his own defense, Oliver told the jury the car was about to hit his partner. Oliver said he felt he had no other option but to fire.Gross, however, testified that he did not fear for his life and never felt the need to fire his weapon. He also said he didn't feel like the vehicle was trying to hit him.Prosecutors said Oliver fired after the vehicle passed Gross. Investigators also said no guns were found in the teens' vehicle. 2408

Death Wish Coffee Company is issuing a recall of their nitro brew cans because of the potential growth of a deadly toxin.According to the Food and Drug Administration, the company recalled 11oz. Death Wish Nitro Cold Brew cans because the current process could lead to the growth and production of botulin.Botulism is a potentially fatal form of food poisoning and can cause symptoms like weakness, dizziness, double vision, difficult breathing and more.They have halted the production of the Nitro Cold Brew until an additional step in the manufacturing process is implemented.They have also removed cans from the comapny's online stores.The company said they will make sure everyone who bought the product on their website receives a full refund within 60 days.So far, no illnesses have been reported. 811

DEL MAR (KGTV) -- You may have heard of power yoga, hot yoga or goat yoga, but now there’s a first-of-its kind yoga studio in Del Mar offering a high-tech take on the ancient exercise regimen.VibeFlow Yoga at One Paseo is billed as the world’s first yoga studio to utilize vertical vibration plates built into the floor. The vibrations are designed to create a more efficient workout by recruiting more muscle fibers.“When the plates come on, it creates G-forces,” said founder Billy Borja. “What that does is create an unstable environment to the body. Now the body is going all-hands-on-deck and now it starts to recruit a lot more muscles that often lie dormant when we exercise.”Borja, a veteran fitness entrepreneur, opened San Diego’s first Orangetheory Fitness.RELATED: Traumatic brain injury survivors healing through yogaHe said the plates, which vibrate 20 to 60 times a second, can help alleviate joint and muscle pain.The technology was first developed by the Soviets during the space race in 1960s to preserve bone-mineral density and muscle mass in cosmonauts.“Major League Baseball, the NFL, the NHL, the UFC and the US military train athletes on these plates because it increases performance, increases their vertical leap and power training, and increases or improves recovery,” he said.One study found whole-body vibration improved vertical jumping by nearly 4 percent and power output in a vertical leg press by 7 percent. Studies in rats have suggested it can enhance muscle strength and counteract muscle loss, although some experts have warned that excessive exposure to vibration plates can upset the digestive tract.RELATED: Yoga poses bring new purpose for veteranBorja said new members begin with a low vibration setting of 20 hertz and take several classes before moving to higher settings.In the typically zen environment of a yoga studio, the plates are somewhat loud. VibeFlow participants wear noise-canceling headphones that broadcast music and the instructor’s voice.“I was skeptical in the very beginning,” said Yelena Resnick, who has been taking classes for a few months. “Having the headsets on, it’s a different experience.”“You have your headphones on. You have your music. The lights are kind of dim. You concentrate more on yourself,” she added. 2295

DEL MAR, Calif. (KGTV) -- Scott Eastwood was caught on video taking down signs as Del Mar residents protested a proposed luxury resort Sunday. A protestor, Spencer Gobar, who confronted Eastwood in the video, told 10News that the actor identified himself to the group as an official from the city.Eastwood reportedly told demonstrators to take down signs and banners at Del Mar Plaza. However, Gobar said she recognized Eastwood as soon as she saw his face, having seen him numerous times around the area. She asked him by name to stop trying to remove the sign. Eastwood then walked away as the protestors heckled him about his actions and about his famous father, Hollywood icon Clint Eastwood."It all happened so fast," Gobar told 10News. "The last thing I was expecting was for this D-list celebrity to show up and try to dismantle the sign."Eastwood owns at least one business in the North County, a clothing company based in Encinitas. However, it is not clear why he wanted the protest signs against Del Mar Measure G removed. A spokesperson for the proposed resort told 10News in an email that Eastwood has no involvement in the project. 1153

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