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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 -- Weld County prosecutors on Monday formally charged 33-year-old Chris Watts with nine felony counts, including first-degree murder, in regards to the deaths of his pregnant wife, Shanann Watts, and their two young daughters last week in Frederick, Colo.Watts faces three counts of first-degree murder after deliberation, two counts of first-degree murder – victim under 12/position of trust, one count of first-degree unlawful termination of a pregnancy, and three counts of tampering with a deceased human body, according to Colorado court records and documents filed Monday afternoon.Read the full arrest affidavit by clicking here.The affidavit says that Chris Watts was having an affair that he had previously denied to police, and that he claimed that Shanann had tried to strangle their daughters after he told her he wanted to separate.Watts is next due in court Tuesday morning to learn the formal charges he faces. 950

DEL MAR, Calif. (KGTV) - Met with fierce opposition, a plan to install fencing along several miles of train tracks in Del Mar has been put on hold.The plan was put forth by the North County Transit District which operates the Breeze, Coaster and Sprinter train routes.NCTD said it had obtained grants to fund the project, with the goal of stopping people from crossing the tracks illegally. NCTD said the fence would also help prevent erosion.But at the Del Mar city council meeting Monday night, city staff announced the plan had been put on hold.“I had some specific conversations with the executive director. City staff also had some conversations,” said Dave Druker, a Del Mar city councilmember who’s also on the NCTD board.The plan had received criticism from Del Mar residents, who in letters to the council complained about the potential damage to the view as well as restricted access to the beach.City staff announced that NCTD’s executive director said the transit agency will be hiring a consultant to perform a safety study. A fence will be still considered but so will other alternatives like extra signs, public education and additional crossing points. That last point was already on the agenda. The city council voted to move forward on a 0,000 feasibility study that would look at four new crossing points and beach access trails.The crossings would still be a short-term solution. SANDAG has approved a plan to move the tracks off the bluff, which in addition to safety concerns also faces worsening erosion. It’s part of their 2050 plan and is estimated to cost 2 to 3 billion dollars. But so far, the money has not been secured. 1665

DENVER (KMGH) -- You could call it the very definition of the old expression of being in "the right place at the right time" when several emergency room doctors saved a man's life at a Denver sandwich shop.The doctors happened to be in town for a conference of ER doctors. They were on a lunch break Monday afternoon at Snarf's on Champa when the man walked in and collapsed."He went into cardiac arrest. His heart stopped beating, stopped pumping blood," said Dr. David Levy. Levy was alongside several of his former residents and a pair of emergency physicians from New Jersey, who all jumped into action."We did chest compressions. We shocked him with the [defibrillator]," he explained.The man was without a pulse three separate times, but the team was able to revive it in time for medics to arrive and transport him to the hospital."Everyone expects this to happen in a hospital in a controlled environment, but when you’re there, and it happens on the floor of a restaurant it takes you by surprise," Levy said. "He would have died if no one was there to intervene."As of Monday night, the man had survived the ordeal and was being treated in the intensive care unit.And what did this group of hero doctors do next?"We washed our hands, sat down, and finished our lunch," Levy said.Levy would go on to win three separate awards that night as part of the convention, the American College of Osteopathic Emergency Physicians. 1478

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