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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

David Ogden Stiers, known for his role as Major Charles Emerson Winchester III in the TV comedy series "M*A*S*H," died Saturday, the agency representing him said.The actor was 75.He died "peacefully at his home in Newport, Oregon after a courageous battle with bladder cancer," the MKS Talent Agency tweeted."His talent was only surpassed by his heart," the agency added.Stiers was born in Peoria, Illinois, in 1942. He was nominated for two Emmy awards for his performance as Winchester in "M*A*S*H," the popular series that ran for 11 seasons from 1972 until its high-rated finale in February 1983.The show, based on a 1970 movie, centered on Army surgeons and staffers during the Korean War. Characters such as chief surgeon Benjamin "Hawkeye" Pierce (Alan Alda) dished out wry humor as they dealt with the stress of wartime, battlefield injuries physical and psychological, and death.He joined the cast in 1977, filling the void left after the departure of actor Larry Linville's Frank Burns from the show but by the series' end he was as much a part of the team as the original cast.Stiers' Major Winchester was portrayed as a Boston-born blueblood, often snobbish -- but a talented doctor. The character was often the comic foil to the hijinks of Alda's "Hawkeye" and Mike Farrell's Captain B.J. Hunnicutt.Stiers had a busy post- "M*A*S*H" career with TV shows including the "North & South" miniseries and "Perry Mason" TV movies.Younger generations would recognize his voice work in several Disney movies, including the classic "Beauty and the Beast," "Pocahontas" and "The Hunchback of Notre Dame."Stiers was an avid fan of classical music and a gifted musician. He was a resident conductor for the Newport Symphony in Oregon and guest conducted dozens of orchestras around the country, the Newport Symphony said in a statement. "All of us at the NSO are heartbroken. David Ogden Stiers was a generous, loving, and inspirational friend and pillar to our orchestra, and, indeed, to all of us individually. Our orchestra would not be here if it weren't for his great support and inspiration over three decades," said Adam Flatt, the symphony's music director."His depth of musical feeling, love for our musicians, and charisma made his performances soar when he was on our podium. We will all work to keep David's spirit alive in all of our performances," he added.  2389

DENVER, Colo. — The mission of the nonprofit GrowHaus is to create community-driven food systems by serving as a hub for food production, distribution and education.Karla Olivas is a promotora, which is a community health worker that is active within Latinx populations across the U.S.“We educate persons about healthy food and about making medicine out of plants or herbs,” Olivas said.During the pandemic, GrowHaus has been delivering boxes of food to families in need.“Flour, sugar, chips or popcorn, beans, tortillas, the vegetables we get from our donations and sometimes it’s milk, eggs,” Olivas said.According to Feeding America – a nationwide network of food banks that provides emergency food assistance to millions of people every year – the pandemic has worsened the problem of food insecurity.“Food insecurity means you’re facing hunger," said Feeding America's Zuani Villarreal. "It means you may not know how to provide food for your family.”Villarreal says four in ten people are turning to food banks who never had to before.“The USDA said that there’s 35 million people that were food insecure before the pandemic," Villarreal said. "Using our Map the Meal Gap study, and evaluating annualized poverty rates and unemployment rates, we are projecting that this year because of the pandemic we will see 50 million people in the U.S. that are facing hunger.”Many of those are people in Latinx populations. A report from Feeding America explains Latino individuals are almost twice as likely to live in food insecure households compared to non-Hispanic white individuals. Villarreal says that will likely get even worse after all the job loss this year.“We know that at the peak, the Latinos unemployment rate was higher than any other demographic group, the service industry and the travel and hospitality industry. They’re disproportionally employed by people of color, and so those are the jobs that have been going away or have been reduced because of the pandemic,” Villarreal said.Olivas adds a lot of them are immigrants who likely don’t have unemployment or insurance benefits.“When they cut the hours or they stop businesses and they cannot work, they cannot get enough money to put food on the table,” Olivas said.To combat the systemic problem, Olivas says they are trying to empower Latinx populations to rely on each other for services to keep money in the community, whether it’s sewing a dress or making food to sell to a neighbor.“We are going to keep working with the community remotely," Olivas said. "We have been planning our classes online to keep teaching people how to grow their own vegetables.”Villarreal says Feeding America is also doing what it can to help people of color.“For us as a network, what we are doing is we are looking at those community that are more severely impacted, and looking to funnel resources to those food banks and those communities to provide additional support,” Villarreal said.Anybody else who would like to extend a helping hand is encouraged to donate food, funds, or time as a volunteer, whether it be for GrowHaus, Feeding America, or another local food bank in your area. Olivas says offering a necessity like food, helps families build a better life for their children.“It is something like, we’re taking one thing from their back to worry about – now OK we have food this week, so we can focus on other things," Olivas said. "And focus on their kids because most of the families, both parents work, and they work all day." 3506

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

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