The District Attorney's Office said prosecutors were not aware until trial that the victim had been holding a tactical pen when he was shot by the defendant.DENVER — Something very unusual happened in a Denver courtroom in June: Prosecutors dismissed a first-degree murder case after testimony had already started. For the first time during the trial, district attorneys realized a potential weapon had been in the victim's hand when the shooting happened.
According to the department, the defendant did not provide a statement to investigators and did not indicate the victim had an object in his hand at the time of the shooting. He also did not assert a self-defense claim, DPD said.
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