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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

DEL MAR, Calif. (KGTV) -  Race horse Irish Spring died after falling during the last race at the Del Mar Racetrack Saturday evening.Jockey Corey Nakatani was riding him while Geovanni Franco was riding Bitter Ring Home, who tripped over Irish Spring.The jockeys were both alert and talking but were taken off the track in neck braces as a precaution, said Mac McBride with the Del Mar Thoroughbred Club.McBride said Irish Spring fell after clipping heels with a horse that cut in front of him during the final stretch of the race. Bitter Ring Home then tripped over Irish Spring but did not appear to be injured.After the accident, the jockeys were lying on the grass near the inner rail. A horse ambulance and a regular ambulance were immediately brought onto the track.  825

DAYTON, Ohio. (AP) -- A witness is describing the chaos that unfolded on the streets during the shooting in Dayton, Ohio.Anthony Reynolds says he and his friends were leaving a bar in the Oregon District around 1 a.m. Sunday when they heard the first gunshot.He says the gunfire was "rapid" after that and "people were just falling."RELATED: 9 killed, 26 wounded during mass shooting in Dayton, OhioThe 31-year-old Reynolds says he got a glimpse of the shooter, who he says was dressed in all black and carrying a large gun.Dayton Mayor Nan Whaley says the shooter was wearing body armor and had extra magazines for his .223-caliber rifle.Nine people were killed and dozens more were injured before police killed the shooter.RELATED: Mass shootings in the United States: When, where they have occurred in 2019 817

DENVER – Colorado has joined a lawsuit involving 18 states, several cities and counties and the U.S. Conference of Mayors aiming to block the Trump administration from putting a citizenship question on the 2020 U.S. Census.But the state is doing so without the representation of its attorney general’s office and will have the governor’s chief legal counsel, Jacqueline Cooper Melmed, represent the state in the proceedings.Gov. John Hickenlooper’s office signed on to the first amended complaint in the lawsuit on Monday. New York Attorney General Eric Schneiderman and a host of other states originally filed the lawsuit last month in the U.S. District Court for the Southern District of New York.Hickenlooper, a Democrat, broke with Colorado Attorney General Cynthia Coffman, a Republican, in filing the suit.Coffman in early April announced that she and the attorneys general for Oklahoma and Louisiana supported the new citizenship question, saying that U.S. Secretary of Commerce Wilbur Ross was “within his authority to find that the need for accurate citizenship information outweighed the fears of a lower response rate.”But in joining the suit, the governor’s office argued otherwise.“We have a responsibility to Colorado to see that every person is counted,” Hickenlooper said in a statement. “Our action seeks to ensure the census is being used for its intended purpose under the Constitution. An accurate census count protects federal funding and our representation in Congress.”Annie Skinner, the spokesperson for the attorney general's office, outlined the differences in opinion between Hickenlooper and Coffman and explained the process by which Colorado joined the lawsuit: 1699

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