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No prison fees will probably be filed associated with the capturing loss of life of a Colorado Mesa College soccer participant after about 10 months of investigation.

Brett Ojiyi was once shot on Sept. 22, 2018, inside of a Grand Junction place of abode at 1171 Primary St., consistent with the Mesa County District Legal professional’s Place of business. He died on the scene.

District Legal professional Daniel P. Rubinstein on Thursday posted a letter to Grand Junction Police Detective Ed Prescott detailing the reason why prosecutors won’t point fees within the case, as reported by means of The Day-to-day Sentinel.

A number of folks have been within the multi-level house on the time of the capturing. Two, Gary Scott, 21, and Virnel Moon, 23, have been in the lounge with Ojiyi when the capturing took place.

Photograph courtesy of Colorado Mesa College

Brett Ojiyi

Scott gave investigators various accounts of what had took place, consistent with the letter, together with mentioning he was once outdoor on the time of the capturing.

The evening after the capturing, Scott went to the police division and met with Prescott, telling the detective that Ojiyi was once handing a gun to him when the weapon discharged. “I reached out with my proper hand and it popped,” Scott instructed Prescott, consistent with the letter.

The gun, a silver .25 cal. semi-automatic Raven Fingers, were in Ojiyi’s ownership across the time of the capturing, consistent with witnesses. The gun is noticed in Ojiyi’s ownership in a video record on his cellular phone. The evening of the capturing he was once additionally in ownership of a black .45 cal. handgun.

Ojiyi were using on a Hover board dancing to song with the silver gun in a single hand, and the black gun in his different hand, in the lounge as Scott and Moon performed the “Madden” soccer online game sitting within reach on a sofa.

Each weapons have been recovered by means of investigators after the capturing. Each were stashed in a laundry basket. In an instant after the capturing, the black gun were below Ojiyi’s frame when he fell to the ground, .

Each weapons were reported stolen, investigators later made up our minds.

As a part of his statements to police, Scott stated he had smoked 12 to 15 marijuana “blunts” all through the process the day previous to the capturing. The post-mortem file on Ojiyi confirmed that he had marijuana in his device.

9 folks, together with Ojiyi, were in the house on the time of the capturing. “There was once no indication of an issue, struggle, confrontation or different ascertainable cause for any individual to have deliberately or knowingly shot Brett Ojiyi,” the letter stated.

Rubinstein, within the letter, stated he regarded as more than one fees in opposition to Scott together with reckless manslaughter and  criminally negligent murder. He additionally regarded as fees of making an attempt to persuade a public servant, and tampering with proof, on account of the more than one various accounts and for hiding the gun in a laundry basket.

In the case of the manslaughter and murder fee Rubinstein wrote: “I will be able to now not turn out who was once liable for the release of the gun.” Moon was once in the lounge, however he was once taking part in video soccer and sending a textual content on the time. He didn’t see what had took place.

Ojiyi had presented the weapons into the scene that evening and had “been taking part in with them in a cavalier way” the letter stated, at one level pointing a gun a Scott. Such movements wouldn’t have put Scott “on enough understand that the gun was once loaded, with a spherical within the chamber.” Rubinstein wrote that he would now not be capable of turn out that Scott was once in a “culpable psychological state” or that he was once “reckless” when the capturing took place.

Ojiyi’s circle of relatives, then again, believes that Scott “murdered” him, speculating on a number of motives, consistent with the letter.

“None have been supported by means of the proof.” Rubinstein wrote.

The making an attempt to persuade and tampering with proof fees “may well be confirmed past an affordable doubt,” Rubinstein wrote. On the other hand, they have been “moderately mitigated” since Scott has cooperated with investigators.

Ojiyi’s circle of relatives has asked that no fees be filed “if it could have a damaging have an effect on on my long term talent to prosecute (Scott) if new or other proof surfaced,” Rubinstein wrote. “For these kind of causes, presently, I’m declining to record any fees on this subject.”

 

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