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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

DES MOINES, Iowa (AP) — The winning numbers for Wednesday night's Powerball 0 million jackpot are 56, 53, 45, 21, 03 with Powerball 22 Wednesday night's 0 million Powerball jackpot looks sort of puny given all the attention lavished on the .537 billion Mega Millions jackpot won in South Carolina on Tuesday.Only five lottery jackpots have been larger , but with two giant prizes in one week, it's hard not to compare.The odds of winning the Powerball jackpot is 1 in 292.2 million. Despite the tough odds, they're actually a little better than the odds of winning the Mega Millions jackpot.No one has won the Powerball jackpot since Aug. 11, when a man from Staten Island, New York, won 5.6 million.Powerball's current estimated 0 million prize refers to the annuity option paid over 29 years. Most winners take the cash option, which would be 4.3 million. 917

DEL MAR, CA (KGTV) -- From the starting line to the finish line, opening day to the final race of the season, the Del Mar racetrack prides itself on injury-free races. And with the Summer 2020 season having just wrapped up, the track was ranked as the safest racetrack in the country for the third straight year."It didn't come easily," says Del Mar Thoroughbred Club President Joe Harper. "A few years ago we just woke up to the fact that these horse injuries were climbing, and we had to figure out what was going on."So four years ago, they decided to make some changes. All in the hopes of making the sport safer for the horses, and the jockeys. And it all started with dissecting the track."We found the best guy in the world, the best dirt guy there is, and it was Dennis Moore. He took the track completely apart and told us there were a few problems. We knew it would cost a lot of money, but I said spend all you want."Joe says they also stepped up the evaluations on every racehorse. And for a summer racing season, that means close to 2,000."We go back through our databases, and find what this horses have been doing, where they have been, and how they have been training."The track has also increased the number of veterinarians at the track."In the morning during workouts we've hired more vets to come in and watch the horses. We also have veterinarians go in and look at the horses in the stalls, and the receiving barns. There are vets everywhere."This past season, they had to euthanize one horse injured in a race, as well as two other horses injured while training. "What we're really looking for is zero but compared to where we were, and compared to other tracks, for the last three years we've been the safest track in North America." 1767

DENVER, Colo. — Broncos CEO Joe Ellis and General Manager John Elway have tested positive for COVID-19 as the virus continues to hit the organization hard.Ellis woke up not feeling well last Sunday and missed his first Broncos home game in 26 years, watching from home as a precaution. Elway began experiencing symptoms on Monday, alerted the medical staff, and left UCHealth Training Center immediately. Elway and Ellis learned of their test results on Tuesday morning. They are feeling well, other than minor symptoms, the team said. Statement from the Broncos: pic.twitter.com/PPYuJQedZN— Denver Broncos (@Broncos) November 3, 2020 The Broncos have gone through contact tracing and determined that Ellis and Elway's cases were independent of one another. They believe both cases originated outside the building. According to the team, there were minimal close contacts identified for each and none included coaches or players. Those in close contact have been notified.Ellis and Elway have been tested daily since training camp began in August.The Broncos have experienced a rash of positive tests beginning 17 days ago with running backs coach Curtis Modkins, which placed the team in intensive protocols that they have not lifted. Those protocols include virtual meetings and mask-wearing for players on the field when helmets are off. Modkins has returned to work.However, defensive coordinator Ed Donatell, offensive line coach Mike Munchak and starting right guard Graham Glasgow have been isolated because of COVID-19. The organization has also had multiple staff employees test positive.During a Tuesday conference call, Dr. Allen Sills, the NFL's Chief Medical Officer, called the several positive cases for the Broncos "certainly a concerning situation for us." The league has maintained contact with the Broncos over the last two-plus weeks, saying Denver has cooperated and "done an excellent job" with its intensive protocols, which they have remained in since Modkins' positive test."At this point, we feel there’s not ongoing transmission among the players," Sills said.Broncos coaches are working remotely today as they begin game preparations for Sunday's game at Atlanta. The next few days will be important for Broncos because of travel and being in close quarters on the airplane. If a player is not feeling well -- even without a positive test -- he is not allowed to travel. So being healthy as of Saturday is critical.This story was first reported by Troy Renck at KMGH in Denver, Colorado. 2537

DENVER — An Uber driver kicked a passenger out of their vehicle after a passenger who claimed to have COVID-19 took off her mask, started coughing and refused to put it back on.The Uber driver, who asked to remain anonymous, says he picked up the passenger just before 6 a.m. on Tuesday in Denver.He said the passenger got in the car with a mask on, but she started coughing and took it off once she was inside."You know in this day and age, you should probably have a mask, especially since it's the law and you're sick," the driver told the passenger, according to dash camera video.The woman told the driver that she's not sick. But later, the driver asked if she had COVID-19."Yep, sure do," the passenger said."You said you did?" the driver responded. "Is that the truth? Please, it's my life."The woman ignored the driver and said he needed to take her to her destination. The driver then lost his temper and kicked the woman out of his car."I was angry that someone would be so callous and cavalier with my life," the driver said. "At the end of the ride, when she got out, she said, you've got COVID-19."He filed a complaint with Uber and received an email stating that they would reach out to the rider and take appropriate action. But the driver said someone else ordered the ride for the woman."In this instance, I don't know that Uber could have done anything differently," he said. "She had a mask on when she got in. She was doing everything that she was supposed to."Uber policy requires drivers and passengers to wear a mask and adds that drivers can cancel trips if they don't feel comfortable.In response to a request for comment, Uber laid out the policy and procedures it has implemented in the hopes of keeping people safe, which includes denying passengers access to Uber if they repeatedly violate the mask policy."Her lack of caring for another person is costing me my livelihood as well as potentially getting sick and possibly worse," the driver said.He says he began driving for Uber more than a year ago and has picked up and dropped off hundreds of passengers. He added that Tuesday's incident was the first time he'd had issues with a passenger refusing to wear a mask.The 13-minute ride just under eight miles cost .28, but the driver says it will cost him much more."I am not going to give any more rides until I've let an appropriate time pass by and I've been tested," he said.This story was originally published by Adi Guajardo on KMGH in Denver. 2492

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