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DANA POINT, Calif. (AP) — The wife of a man who was struck and killed by a Metrolink train in Southern California says investigators told her he pushed her out of the way.The Orange County Register reports Saturday that Jacqueline Gibson, of Lake Elsinore, said she was vacationing with her 71-year-old husband Ernest Gibson Monday when they crossed the tracks to return to their Dana Point campground.She says he suddenly told her to run. She found herself on the other side moments later as the train came through.Once it passed, she found her husband's body.She says investigators told her video from the train showed her husband pushing her out of the way.Metrolink officials say the area was restricted. Gibson says there were no signs indicating to keep out. 772

Democrats have clinched two more years of controlling the House. But they'll do it with a potentially razor-thin majority. That would mean a bittersweet finale to last week’s elections that's leaving them divided and with scant margin for error for advancing their agenda. The Associated Press has determined that Democrats have now nailed down at least 218 seats in the 435-member chamber. They could still win several others when more votes are counted. But while they will control the House, they had expected to win perhaps 15 new seats until they were blindsided by a surge of Republican voters in districts around the country. 640

DENVER, Colorado – One of the many questions surrounding the killings of a pregnant Frederick woman and her two daughters that people have asked is why Chris Watts isn’t being investigated for murder charges in the death of his and his wife Shanann’s unborn child.While Watts, 33, likely will not be formally charged in connection with the deaths of 34-year-old Shanann Watts and their daughters, 3-year-old Celeste and 4-year-old Bella, until at least Monday, he faces investigation on one count of first-degree murder after deliberation; two counts of first-degree murder – position of trust; and three counts of tampering with a deceased human body.Prosecutors face a 3:30 p.m. Monday deadline to file formal charges. Watts’ next court appearance is scheduled for 10:30 a.m. Tuesday.PHOTOS: Chris Watts arrested, charged for family deathsHigh-ranking law enforcement sources tell KMGH television station Watts confessed to the killings and that the bodies of the two girls were found inside oil and gas tanks in Weld County. The body believed to be Shanann was discovered nearby, authorities said Thursday.Shanann was 15 weeks pregnant when she was killed, which has again inflamed discussion of whether an unborn child’s death should lead to murder charges.There are 38 states that have fetal homicide laws on the books, according to the National Conference of State Legislatures, though Colorado is not one of them. However, Colorado does have several criminal statutes that apply specifically to crimes committed against pregnant women.Perhaps chief among them is the state’s “unlawful termination of a pregnancy” statute, which is a class 3 felony.The most high-profile case in which the charge was used was the trial of Dynel Lane, who was convicted on the charge as well as attempted murder and other charges in 2016 after she cut the fetus from a Longmont woman’s womb a year earlier. In that case, the baby died but the mother lived.Stan Garnett was the Boulder County District Attorney at the time and oversaw the prosecution of Lane. Now an attorney with Denver-based Brownstein Hyatt Farber Schreck, Garnett is one of the top experts on how Colorado deals with deaths involving unborn children.He talked about the statute in an interview with Denver7 Thursday, discussing how it could be used in the Watts case and explaining why it would be difficult for Weld County prosecutors to file a murder charge related to the unborn child in the case.“Under both Colorado statute as it’s interpreted by the Colorado Supreme Court and Colorado case law unless a child is born alive and is then killed after living independently from the mother, it’s virtually impossible to bring a homicide charge,” Garnett said.He said that it seems extremely unlikely a fourth murder charge would be filed should prosecutors go that route.“I don’t know the fact patterns of the case, but it will be virtually impossible to file a murder charge in connection with the death of the unborn child,” Garnett said. “Colorado requires that the child live outside of the mother’s womb independently and then be killed as a result of something that occurs then.”But he said that the prosecutor overseeing the Watts case, Weld County District Attorney Michael Rourke, is an “excellent” DA and that he believes that it’s possible that unlawful termination of a pregnancy charges are brought against Chris Watts.“If, in fact, the facts are the baby was killed in the womb of the mother due to action of the defendant, if that facts support that, then I would not be surprised if there’s an unlawful termination of a pregnancy claim brought,” Garnett said.After Lane was convicted in the fetal abduction case and sentenced to more than 100 years in prison, some state lawmakers tried to pass a law that would have classified the killing of a fetus as a homicide in certain cases, but the bill failed, mostly over concerns that it infringed on women’s reproductive rights.Garnett said that the emotion surrounding such bills and the politicization of the issue has made it difficult for lawmakers to agree. He himself says he doesn’t think a fetal homicide law is necessary in Colorado. State voters handily defeated a “personhood” measure that made the 2014 ballot 65 percent to 35 percent.“In my view, we don’t need a fetal homicide issue. In fact, the statutes we have work pretty well,” he said. “The issue, of course, is these statutes implicate issues around a woman’s right for reproductive freedom. And trying to fashion a statute that will deal with what we all believe needs a criminal penalty without impacting the constitutional right to choose is very difficult and very emotional.”Garnett said he thinks the unlawful termination of a pregnancy low “does a pretty good job of threading the needle.”He said that while reviewing evidence in the Lane case, he received at least 5,000 emails from all over the country discussing homicide charges. And he said that he believes Rourke is likely under pressure from people and groups across the country over the same issue.“I’m sure the DA in Weld County now, as he’s reviewing the evidence, is getting similar input from the public,” Garnett said. “The reality is a district attorney doesn’t charge a case based on public outcry, he charges it based on what the evidence is and what the law is.”For more on what we know so far about the Watts family murders, click here.KMGH's Liz Gelardi contributed to this report. 5479

DETROIT (AP) — The U.S. Marine Corps has confirmed that two men charged in plots against Michigan’s government spent time in the military. The Marines issued a statement saying officials are “aware of the circumstances surrounding” Daniel Harris and Joseph Morrison and will assist in any way in the investigation. Harris is one of six men charged federally with conspiring to kidnap Democratic Gov. Gretchen Whitmer. The 26-year-old Morrison is one of seven men charged with terrorism in state court for allegedly seeking to storm the Michigan Capitol and ignite a “civil war.” 586

Data website Currentresults.com compiled data from the National Oceanic and Atmospheric Administration and found the hottest cities in the country.The data shows the U.S. cities with the hottest average summer highs in June, July and August. Check out the list below for more: 289