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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

Police in Illinois have deemed a local man a hero after he raced to rescue a man from a burning vehicle on Sunday evening.According to the Aurora Police Department's Facebook page, a 57-year-old man rushed to the rescue after a single-car crash just after midnight on Saturday. Dash cam video from the crash shows the man dragging the driver away from the car by his legs as flames shoot out of the driver's side window.According to Aurora police, it was 58-year-old Jose Martinez who rushed out of his home to save the driver, a 34-year-old man. A second man, 29-year-old Devin Johnson, also helped by pulling the man away from the car.  "To say Jose's actions were heroic and brave are an understatement. Had he not taken immediate action, the driver would not have lived," the department wrote on Facebook. " Devin should also be commended for assuring the man was out of harm's way. Outstanding job, gentlemen." Patch Aurora reports that the driver was treated for burns and other non-life threatening injuries. He was charged with a DUI.Alex Hider is a writer for the E.W. Scripps National Desk. Follow him on Twitter @alexhider.    1190

POINT LOMA, Calif. (KGTV) - A popular Pacific Beach restaurant is finding new life in Liberty Station, and it could be a sign of things to come for the industry.Latin Chef was forced out of its longtime home on Garnet Avenue in January. This Saturday, it will reopen at Liberty Public Station."There's not much," says owner Fredy Palma of his small space in the market. "But you won’t believe that very tasty food is going to come from here."Palma says his rent will be about half of what it used to be in Pacific Beach. He also says moving into the Public Market means he no longer has to worry about all of the little things that come along with having a brick-and-mortar location."Things like trash, telephone, light, SDG&E," he explains. He says this will let him focus more on the food and customers. It will also bring more foot traffic than what he had on Garnet.RELATED: Business booming in Pacific Beach despite empty storefrontsExecutives at Blue Bridge Hospitality, which owns Liberty Public Market, reached out to Palma after seeing a story about his struggles on 10News. "I was listening to how he was having to vacate his space and thinking, wow, this seems like a perfect fit for Liberty Public Market," says David Spatafore with Blue Bridge Hospitality.Typically, Blue Bridge Hospitality had offered spots at the market to new businesses. Latin Chef will be the first established restaurant to move into the space."Overhead keeps going up and up and up," says Spatafore. "The idea behind the Public Market is it’s kind of a condo association of retailers and restaurants to lower overhead and share expenses, making it a little easier for them. Certainly, I can see this being a wave of the future to lower overhead because there aren’t many options left."The public market concept has grown in San Diego over the last few years. Liberty Public Market opened in 2016. Since then, Little Italy has gotten a similar Food Hall, and North Park is expecting the Dam Public Market to open.RELATED: New Public Market in North Park opens for previewRELATED: Public Square opens next to Little Italy Food Hall" I think you’ll see small markets pop up throughout in kind of that communal living spirit in communities throughout San Diego," says Spatafore.For Palma, it means he gets to keep making the food he loves."It's exciting," he says. 2359

OTAY MOUNTAIN, Calif. (KGTV) — A Border Patrol agent and one man were taken to a nearby hospital after suffering heat-related illness on Otay Mountain.At about 1 p.m., Border patrol agents started a rescue involving four individuals, including one Border Patrol agent and three suspected migrants, according to U.S. Border Patrol.When agents arrived, an agent as located and taken to the hospital. One man was also found and sent to the hospital.Border agents were still searching for the two other people in the Otay Mountain Wilderness area, according to Border Patrol. 579

Paleontologists have discovered a new species of dinosaur in Asia.The Royal Belgian Institute of Natural Sciences says two “perfectly preserved” fossils were found in the Lujiatun Beds in the Liaoning Province of northeastern China.The intact fossils suggest that the burrowing dinosaurs were trapped by a volcanic eruption while resting at the bottom of their burrows, according to the institute. Some paleontologists believe the dinosaurs were victims of a gigantic volcanic eruption."These animals were quickly covered by fine sediment while they were still alive or just after their death," said paleontologist Pascal GodefroitThe institute says the Lujiatun Beds would have been a kind of Cretaceous “Pompeii.”Fittingly, the new species has been named Changmiania liaoningensis, with Changmian meaning “eternal sleep” in Chinese.Paleontologists estimate these newly discovered dinosaurs roamed the earth about 125 million years ago.The institute says they were small, herbivorous, bipedal dinosaurs, about 1.2 meters long. With very powerful hind legs and long, stiff tail, paleontologists believe they were particularly fast runners.“However, certain characteristics of the skeleton suggest that Changmiania could dig burrows, much like rabbits do today,” said Godefroit. “Its neck and forearms are very short but robust, its shoulder blades are characteristic of burrowing vertebrates and the top of its snout is shaped like a shovel. So, we believe that both Changmiania specimens were trapped by the volcanic eruption when they were resting at the bottom of their burrows 125 million years ago.” 1612