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DENVER (AP) — A Colorado police officer will not face charges for fatally shooting a homeowner who had just killed an intruder inside his suburban Denver home, prosecutors said in a letter released Monday.Adams County District Attorney Dave Young described Richard "Gary" Black's death as a "harrowing tragedy" but said his role was to determine whether the Aurora Police officer who shot the 73-year-old Vietnam War veteran was justified in using deadly force.Based on witness interviews and more than 90 videos captured by officers' body cameras, Young said Officer Drew Limbaugh did not know who Black was and fired when the homeowner refused police commands to drop his handgun.Young said Limbaugh's belief was reasonable and prosecutors cannot prove that the officer was not justified in firing. He said there also is no evidence that Limbaugh was reckless or criminally negligent."Officer Limbaugh engaged in conduct that was consciously focused on minimizing the risk to public safety," Young wrote.At the time of the shooting, Young said police did not know that Black had woken after midnight to investigate banging sounds and soon heard his 11-year-old grandson screaming as an intruder attacked him inside the bathroom. Police also did not know that the intruder, later identified as Dajon Harper, was lying on the bathroom floor after being shot twice by Black, he said."The evaluation of Officer Limbaugh's reasonable belief must be based not upon what we now know, but the circumstances as he perceived them at the time: hearing gunshots and then seeing an armed man emerge from a back room who refused commands to drop the weapon," Young wrote.The witnesses and police officers interviewed by investigators paint a chaotic scene. Young said police arriving at the home in Aurora around 1:30 a.m. on July 30 had little information and no description of a suspect.Within seconds, he said police heard gunshots inside the house and saw Black come into the hallway holding a handgun in one hand and a flashlight in the other. Young said the body camera footage shows police repeatedly told Black to drop his weapon before he came toward officers, raising the flashlight, and Limbaugh fired three times.Police have said Black had hearing impairment due to his military service. Young wrote that Black may not have heard the commands or recognized the officers as police but said that does not change Limbaugh's "reasonable belief that Mr. Black presented a threat."Witnesses told police that Harper was at a party at a family member's home nearby and may have been using drugs. Early that morning, he ran away and apparently broke down the Black family's front door.Black's grandson told police he woke up after feeling a cold breeze. He described walking toward his father's bedroom but then seeing a stranger showering as he passed the open bathroom door.The boy said the man grabbed him, locked the bathroom door and was strangling him before his father and grandfather were able to get inside the room.Harper, who was 26, died after being shot twice in the chest by Black. An autopsy report found levels of marijuana and methamphetamine in his blood. 3172

DENVER – Psychologists and social workers from Denver Public Schools were on-hand at Joe Shoemaker Elementary School Monday morning after a fourth-grade student died as a result of suicide late last week.The Denver County Coroner’s Office on Monday confirmed the boy, 9-year-old Jamel Myles, died as a result of hanging shortly after 11 p.m. on Thursday.On Friday, Shoemaker Elementary School Principal Christine Fleming sent a letter home to families at the school that Jamal had died. Fleming did not discuss the manner by which the boy had died, but shared a guide showing signs of stress that students might be showing in the wake of the boy’s death.“Our thoughts are with the student’s family at this time,” Fleming wrote. “We will continue to process this sad news as a school community, and again, please feel free to reach out as needed for ongoing support.”Jamal's mother Leia Pierce told the Denver Post that the suicide was a result of being bullied after the boy came out as gay. “My child died because of bullying. My baby killed himself,” Pierce told The Denver Post on Monday. “He didn’t deserve this. He wanted to make everybody happy even when he wasn’t. I want him back so bad.”Pierce went on to say, “He was scared because he is a boy and it’s harder on boys when they come out. I smiled at him and said, ‘I still loved him.’ This world is missing out.”Denver Public Schools spokesman Will Jones said Fleming did not name the boy or the manner of his death out of respect for the family’s privacy.In addition to having crisis team members on hand Monday, there is also a phone line and a room at the elementary school set up for families who have questions about the incident.Jones said fourth- and fifth-grade teachers would be calling the families of their students at the end of the day Monday to check on the kids and that additional support would be available if necessary.“We are deeply committed to our students’ well-being. That commitment is at the core for all educators in DPS, which is a safe and welcoming environment,” Jones said in a statement Monday. “Our priority right now is to look at all the concerns raised in this case, to keep our students safe and to do a fair and thorough review of the facts surrounding this tragic loss.”The National Suicide Prevention Lifeline is 800-273-8255. Counselors are available to provide free and confidential support 24 hours a day, seven days a week. 2464

DESCANSO (KGTV) -- A San Diego County couple is warning others after getting a flat tire from an unusual source. Pamela Jessup was running errands last Thursday morning when she says she started hearing a thumping noise while driving her Toyota RAV4 on SR-79 near Old Highway 80.Jessup says it was then that she pulled over and looked at her back tire. After not seeing anything wrong, she went on her way.The thumping, however, only intensified after she drove onto Interstate 8. When she drove home, Jessup says her husband Davis found a temporary lane marker stuck, nailed in to the tire.While doing their due diligence, the Descanso residents found dozens of temporary nail markers along the side of the road in the same area Jessup ran into issues.A local tire shop was able to fix the damage to the tire, but it cost the pair . Other residents in the area took to social media to complain similar events that happened to them in the same area.On Facebook, at least three others said they also got flat tires after driving through the area.From Tuesday through Friday, neighbors reported a road construction project that included restriping.On 10News at 5, we follow David Jessup as he makes the journey to the Caltrans subcontractor for answers and to give them back their lane markers. 1313

DETROIT — Investigators raided Perry Funeral Home in Detroit late Friday afternoon and have removed nearly 63 infant remains, according to Detroit Police. Officers found 36 fetuses in cardboard boxes and 27 more in freezers. The conditions of the fetuses are unknown.The Michigan Department of Licensing and Regulatory Affairs (LARA) has revoked the funeral home's license and shut the facility down. 428

DENVER — Convicted murderer Chris Watts has been moved from a Colorado prison to another prison out of state.Four sources confirm to KMGH's Jace Larson that Chris Watts was transferred from the Denver Reception and Diagnostic Center, where a new prison inmate goes after conviction, to an undisclosed facility out of state. Victims’ families -- who requested to be alerted -- have been notified, two of the four sources with knowledge of the movement told KMGH. Watts' current location has not been identified, except to victims' families, the source said.Watts pleaded guilty last month to killing his pregnant wife Shanann Watts and their two young daughters at their home in Frederick, Colorado in August. He was sentenced to three consecutive life terms without the possibility of parole.The Colorado Department of Corrections inmate locator shows Watts' location as the Denver Reception and Diagnostic Center, but this is no longer the case.The move occurred as part of an interstate compact where high-profile prisoners can be moved to another state’s system, or occasionally the federal prison system, for safety. Such placements are not always permanent. 1180

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