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Death Wish Coffee Company is issuing a recall of their nitro brew cans because of the potential growth of a deadly toxin.According to the Food and Drug Administration, the company recalled 11oz. Death Wish Nitro Cold Brew cans because the current process could lead to the growth and production of botulin.Botulism is a potentially fatal form of food poisoning and can cause symptoms like weakness, dizziness, double vision, difficult breathing and more.They have halted the production of the Nitro Cold Brew until an additional step in the manufacturing process is implemented.They have also removed cans from the comapny's online stores.The company said they will make sure everyone who bought the product on their website receives a full refund within 60 days.So far, no illnesses have been reported. 811

DENVER – The man accused of killing 26 people and wounding 20 others at a Texas church on Sunday bought two weapons in Colorado and at one point was charged with animal cruelty in Colorado Springs for beating and dragging his dog.Devin Patrick Kelley, 26, was living at a trailer park in Colorado Springs in 2014, according to state voter registration records.In August 2014, he was charged with animal cruelty – neglect or mistreatment. According to a police report from the El Paso County Sheriff’s Office, a woman called deputies just after 10 p.m. to report a Husky puppy running through the Fountain Creek RV Park, where Kelley was staying at the time.The woman reported that she had seen a man, later identified as Kelly, jump on the dog and punch it in its head and neck several times. Another man reported Kelley was yelling at the dog while hitting it, and that the dog was “yelping and whining.” Two others corroborated the story.“She stated she witnessed four to five punches and then the male suspect grabbed the dog by the neck and drug him away,” the report says.The witness said Kelley drug the dog back to a camper at lot 60, which is where Kelley was staying. When deputies went to the door of the camper, Kelley refused to come out and speak to officers, or to show them the dog.After some time, Kelley agreed to come out and talk to deputies, according to the report. One deputy said the dog appeared underweight, and a sergeant got Kelley to tell him he chased after the dog when it wouldn’t obey his commands not to run away.He further told deputies that he had jumped on top of his dog because “it was acting aggressive to another dog,” but denied beating the dog or dragging it back to the camper.Kelley was placed in a patrol vehicle and issued a summons in the case. The dog was taken by a deputy to the Veterinary Specialty Center in El Paso County and was to receive veterinary care, according to the report.The Fountain Creek RV Park told Denver-based KMGH on Sunday it did not recognize his name, nor did it keep electronic records of who had stayed there.Court records show that Kelley was also charged with failing to signal and speeding two months later, in October 2014. A day before Christmas of that year, he pleaded guilty to failing to signal, and was ordered to pay a 5 fine. The speeding charge was amended.Kelley received a deferred sentence in the case of 18 months of unsupervised probation. The case was dismissed once he successfully completed the probation, a Colorado court spokesperson confirmed to KMGHKelley served in the Logistics Readiness division of the U.S. Air Force from 2010, and was stationed at Holloman Air Force Base in New Mexico until 2014. The base is located about 90 miles northeast of El Paso, Texas.In 2012, he was court-martialed for two counts of assault on his then-wife and their child, the Air Force confirmed to KMGH. He was sentenced to 12 months of confinement and a rank reduction. He and his wife divorced that year.Air Force officials said Sunday Kelley had received a bad conduct discharge.An official with the Bureau of Alcohol, Tobacco, Firearms and Explosives said at Monday morning’s press conference that Kelley had bought four guns—one in each of the past four years.The ATF official, Fred Milanowski, said three guns were recovered at the scenes of the shooting and of Kelley’s death: a Ruger AR-556 rifle, which was used in the shooting at the church, and a Glock .9mm and Ruger .22-caliber handgun that were both found in Kelley’s vehicle when he was found dead.It’s unclear which weapons Kelley bought in Colorado, but at least one of those recovered at the scene was bought in the Centennial State.But according to CNN, Kelley used a Colorado Springs address to buy the AR-556 he bought at a San Antonio outdoors store in 2016.He also tried to get a license to carry a weapon in Texas, but was denied, according to Texas Gov. Greg Abbott.A Department of Public Safety spokesman said that had Kelley received a dishonorable discharge from the military, he would have been prohibited from buying weapons. But the spokesman said officials “do not have all that documentation yet” and would need to further determine what his conviction was in the military.Kelley did have a license to be a non-commissioned private security guard, but was not allowed to carry a weapon. But officials said Kelley cleared background checks for the license.Authorities said Monday that Kelley’s former mother-in-law was a parishioner at the Sutherland Springs church, and that Kelley had threatened her before. The officials said they believed the shooting was domestic-violence related, and added they’d found no racial or religious motivations yet.They also noted that one man engaged Kelley with a semi-automatic rifle outside the church after much of the carnage had already been done. The man shot Kelley, and Kelley dropped his weapon and fled in his vehicle, a DPS spokesman said Monday.The Good Samaritan and another man jumped in a vehicle and chased Kelley, officials said. At some point, Kelley called his father to tell him he’d been shot and “didn’t think he was going to make it.”Officials said evidence shows that Kelley shot himself while he was fleeing, but said the pathologist would determine his exact cause and manner of death. 5343

Deputy Attorney General Rod Rosenstein continues to oversee special counsel Robert Mueller's investigation after consulting with a career ethics adviser at the Justice Department about his ability to oversee the Russia probe, a source familiar with the matter tells CNN.For nearly a year, legal experts and journalists have questioned why Rosenstein has not stepped aside from overseeing Mueller's investigation given that he was part of the dramatic firing of FBI Director James Comey. That fact has more recently served as ammunition to attack Rosenstein's credibility by allies of President Donald Trump.But CNN has now learned that Rosenstein has consulted with the ethics adviser over the course of the investigation on whether he needs to recuse himself, and he has followed that individual's advice -- a fact which has not been previously reported and offers a more fulsome explanation for how he has continued to oversee Mueller's work. The source did not specify the number of conversations, timing, or the details of the advice. 1046

DENVER, Colo. -- Sam’s No. 3 has been serving customers since 1927.“My grandfather was Sam,” said Sam's No. 3 restaurant owner Alex Armatas.Armatas says the business has made it through historic upheavals like the Great Depression and uprisings after Dr. Martin Luther King Jr.'s assassination, but never has the restaurant had to close for 10 weeks straight.“The impact has been brutal. You go from 100% of business to zero,” Armatas said.Employees like Jason Salazar were temporarily furloughed.“I’ve never not worked since I was 17. So, to just be unemployed was like… what do I do,” Salazar said.When it was time to come back, Salazar says they had to adjust to a new lengthy process.“Just walking in, somebody takes my temperature right away, I wash my hands right away, I put on gloves right away. We don’t even enter the building without a mask.”Masks, social distancing, sanitation -- so much had to be considered when thinking of ways to prevent the potential spread of the virus.“We would normally have a [ketchup] bottle at the table or whatever, but now they’re just individual little containers for them,” Salazar said.The less people touch, the better. Armatas says they’ve fully transitioned to a contactless ordering system. The menu is now on an app.“We got a new app so we can track how many people are in the restaurant so we’re not allowing more than 50 people in the restaurant,” Armatas said.Normally, they can seat more than 200 people. So they’re operating at 25% capacity. However, customers say they’re happy to be back. Anne Wesley says Sam’s No. 3 has been one of her favorite spots more than the past 15 years.“We love it because neither of us are great cooks so it’s wonderful to have somebody prepare a meal for us that we would never prepare for ourselves,” Wesley said.She says she feels completely safe.“I mean you walk in there’s hand sanitizer right away. There’s plenty of social distancing. Our server had a mask and gloves on and so I didn’t feel in any way that our health was being compromised.”The servers say they’ve been grateful for generous tips from customers like Wesley, especially considering they’re operating under thin margins.“The bottom line has been crushed. The restaurant industry has been hurt quite a bit,” Armatas said.According to the National Restaurant Association, the restaurant industry has suffered more job and sale losses than all other U.S. industries since the pandemic began. Some restaurants have permanently closed their doors. Senior Vice President Larry Lynch says those that have stayed afloat are eager to open up dining rooms again, but it will actually cost restaurant owners more.“If you’re takeout and delivery, your cost structure has gone down some so you can at least maintain at that point. But once turn on the lights and open the doors and turn on the air conditioning and bring back the staff, your costs go up,” Lynch said.“How much food should I bring in? How much labor can I afford?” Armatas said.Lynch says it’s more important than ever for restaurant owners to be smart with their finances.“The one thing they could do is manage those menus carefully. Reduce the number of offerings, make it the ones that are most popular. Limit the risk of food waste, and you’ve done a lot to bring yourself closer to profit,” Lynch said.He wants restaurants to feel encouraged and know that they can open again it just takes a lot of work.“It usually takes a week or two to get in and make sure everything’s operating: the refrigerators are clean, the walk-ins are clean, everything’s working properly, you get the staff back in,” Lynch said.Once the logistics are sorted out, Armatas says owners need to remind themselves of why they opened in the first place.“If people know that you really truly care about them and want to make their experience great, that has to be your focus. Because if your focus is money, it won’t work,” Armatas.Whether a business stays open or not, is ultimately up to the customers.“As a community, if we want to thrive, we have to help each other out. And by supporting local businesses, it’s a very easy way, and it’s an enjoyable way,” Wesley said. 4171

DEL MAR, Calif. (KGTV) - A horse died Monday at the Del Mar Fairgrounds, the fourth death at the track since the start of the summer racing season in July. “We are saddened to confirm that Bri Bri, an unraced three-year-old filly, was humanely euthanized today after suffering a serious injury to her pelvis during training,” the Del Mar Thoroughbred Club read in a statement. “We are deeply sorry for her and her human connections.” Emergency personnel and track veterinarians responded to the emergency immediately, said DMTC officials. Del Mar was among the nation’s safest racetracks last year, but experienced the deaths of two horses on the second day of the season. Charge A Bunch, trained by Carla Gaines, ran headfirst into Carson Valley, trained by Bob Baffert. Another of Baffert’s horses, Bowl of Soul, had a fetlock injury and was euthanized less than two weeks later. Bri Bri was trained by Jim Cassidy. Track officials said they will meet with him to discuss the matter. “Del Mar has implemented a series of safety and welfare reforms over the last several racing seasons, including the creation of an independent five-member panel to review all entries. To date, there have been no fatal injuries during racing in the current summer meet,” said DMTC officials. 1284