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Police say a white gunman opened fire at a Kentucky grocery store, killing two African-Americans, after he tried and failed to enter a predominantly black church nearby.Gregory Bush, 51 was indicted on five counts Wednesday, including murder and attempted murder; none of them were hate crime charges, despite comments from authorities that the shootings appear to be racially motivated.CNN has reached out to a public defender for Bush and is waiting to hear back.Prosecutor Tom Wine said that because Kentucky's hate crime statute does not include homicides, Bush was not charged with a hate crime for the deaths."A hate crime designation only occurs when the judge makes such a determination at sentencing. If the judge finds a hate crime designation is appropriate, it doesn't add any additional time. The designation is only useful if the judge wishes to deny probation or the parole board wants to defer parole," Wine said in a statement.Hate crimes are considered more difficult to charge and prosecute than other criminal charges, largely because they require law enforcement to prove a specific motivation of bias.Additionally, federal investigators are looking into potential civil rights violations, including hate crimes, said Russell M. Coleman, the US attorney for the Western District of Kentucky.Bush faces two counts of murder for the shooting deaths of Maurice Stallard, 69, and Vickie Jones, 67, inside the Kroger grocery store in Jeffersontown, and in the parking lot outside, Wine said.Bush is also charged with one count of attempted murder stemming from what authorities described as an exchange of gunfire with an armed civilian. The indictment identifies the armed civilian as Dominic Rozier. Bush is charged with two counts of wanton endangerment for firing shots in the directions of two more people, Kiera Rozier and an unidentified juvenile.Jeffersontown Mayor Bill Dieruf said on Monday that the shooting is being investigated as a hate crime based on the circumstances, including the race of the victims and the defendant.Dieruf said investigators are looking into reports that Bush told a bystander before he was captured that "whites don't shoot whites."Bush remains jailed on five million dollars bond. His next court appearance is Friday, he said. 2340

OTAY MESA, Calif. (KGTV) -- The piercing sound of a high-powered drill could be heard coming from the Otay Mesa border wall prototypes Tuesday morning. Journalist Jorge Neito captured the images from a neighborhood in Tijuana. Construction workers could be seen drilling more than a dozen holes into the concrete barriers.Customs and Border Protection officials confirmed to 10News last week that the prototypes were coming down to make space for a secondary border fence. That fence will strech 14 miles from the beach to Otay Mountain. Officials never specified when the prototype demolition would happen.The prototypes are 30 feet high and were built in last September of 2017. President Trump toured the barriers in 2018. Out of the eight designs there wasn't one specifically picked for the border wall. "There was never an intent to pick one and copy that along the entire U.S. border. The entire concept literally was how can we do this better," San Diego Sector Border Patrol Chief Rodney Scott told 10News in 2018. "But we're not picking one of these walls over the other walls, and we never planned on doing that. So, depending on the terrain or the environment, it could be any one of these? Correct."10News reached out to Border Patrol locally to find out if today's work is part of the prototypes' demolition and a spokesperson referred us to Washington D.C., so far we have not heard back. 1413

PHOENIX - Latest polling numbers released from the Secretary of State’s office shows Kyrsten Sinema has taken a slight lead over Martha McSally in the race for Arizona Senate.As of 5:30 p.m. Thursday, Sinema has 916,380 votes statewide, while McSally has 914,369.345,000 votes remain uncounted in Maricopa County while a small number of ballots remain uncounted as well in smaller counties.Officials estimate about 195,000 of those are early ballots, provisional, and out-of-precinct ballots that voters cast or dropped off on Election Day.It is one of the most-watched races across the country: will Martha McSally, a Republican, or Kyrsten Sinema, a Democrat, serve as Arizona's first congresswoman?Both are vying to fill Sen. Jeff Flake's seat after Flake's announcement in 2017 that he would not seek re-election.As preliminary results started to come in Tuesday evening, the two appeared to be in a dead heat with both flip-flopping for the lead. Maricopa County Recorder Adrian Fontes expects ballot counting to continue for several days. Officials will continue to update the results daily at 5 p.m. 1144

Parents in Jackson Township, Ohio were on edge Tuesday morning after authorities said a 7th-grader shot himself inside the boy's bathroom.The mass shooting at a Florida high school last week rocked the nation, putting parents and school officials on high-alert— and the incident at Jackson Memorial Middle School was no different.RELATED: 7th-grader shoots himself at Jackson Memorial Middle School in Stark CountyOne father whose child goes to the school said he put a piece of armor in his 8th-grade son's backpack over the weekend.One dad tells me he put a piece of body armor in his 8th grade son’s backpack over the weekend. @wews— Sarah Phinney (@sarahphinneytv) February 20, 2018 699

OTAY MESA, Calif. (KGTV) — One year ago, a man opened fire inside an Otay Mesa Church's Chicken. On Friday, families are still grieving and plan to honor the somber milestone.The fast-food restaurant sits on the corner of Del Sol and Picador Boulevards. Witnesses say the man tried to use counterfeit bills to buy food and was refused.He killed Maribel Merino-Iba?ez, 28, and severely injured Mario Rojas, who is a grandfather.Friday, a drawing of Maribel's ghost above wilted flowers showed her loved ones still feel the emptiness.Rojas barely escaped that night and is still going back to the hospital."I still have more surgeries coming in, I think probably next month," Rojas said over the phone.He was shot in the arm and the stomach, which has led to back complications. Last December, when he came home from the hospital, he described how difficult his recovery has been: "He destroyed my life, my dreams everything."Rojas is in a similar state a year later, using a walker to get around and unable to work."My wife has to help me take a shower, and help me with the clothes, to change my clothes and everything," he said sadly.The restaurant paying 20 hours a week of worker's compensation, not nearly enough to pay mounting medical bills and rent."I have a lot of depression right now," Rojas said.His wife launched a GoFundMe page to help them through. Mario's coworkers at his former job are saving money on the side to help with this month's rent.The man suspected of pulling the trigger, Albert Lee Blake, 49, faces a judge for a preliminary hearing on Dec. 16. 1582