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COLORADO SPRINGS, Colo.—The El Paso County district attorney says the owner of a Colorado Springs liquor store will not be prosecuted for shooting and killing a suspect during an attempted robbery.

Police say Charles Kellogg shot 21-year-old Gibran Gayton on November 27th after Gayton pulled out a semiautomatic weapon and demanded money at Jet-Way Liquors.

Kellogg told police he tried to get into the cash register, but Gayton continued to point a gun at him and make demands.

The store owner then got a handgun from under the counter and shot Gayton.

District Attorney John Newsome says Kellogg exercised a legal right of self-defense and will not be prosecuted.

An alleged accomplice of Gayton’s, 34-year-old Marsha Mallory, faces accessory charges.

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