RESTAURANT OWNER CHARGED IN FATAL SHOOTING

Denver Daily News staff report

Tuesday, November 3, 2009

RESTAURANT OWNER CHARGED IN FATAL SHOOTING: A Denver man has been charged with first-degree murder and assault in a shooting that took place in a restaurant he owned in the 1600 block of Welton Street on Oct. 22. Yan “Dave” Yang, 40, is accused of shooting and killing 29-year-old Lloyd Runningbear during an altercation inside Yang’s restaurant. Yang is being held without bond in Denver County Jail, and is scheduled to appear in Denver County Court, Room 12T, on Nov. 4.

TEA PARTY ARRIVES TODAY: The Tea Party Express II, a traveling rally decrying the acts of politicians in Washington, D.C., such as the Democrats’ health care reform plan, government spending and tax policies, arrives in Denver today. Thousands of supporters have attended rallies in California, Oregon, Washington, Montana and South Dakota, and national media outlets such as CNN and the New York Times will be on hand. The rallies will be Fort Collins at 2 p.m., in Washington Park across from City Hall; and in Denver at 5 p.m. at the Civic Center Đ Greek Theatre, 100 W. 14th Ave.

SUSPECTS IN POLICE PURSUIT IDENTIFIED: The two suspects arrested in the area of 17th Avenue and Oneida Street after a police pursuit have been identified as Steven Thomas and Darren Fuller. Early Sunday morning, Denver police officers responded to a shooting at Posh Ultra Nightclub and Lounge, 4040 E. Evans Ave. A citizen’s call to 911 confirmed that there had been another shooting in the McDonald’s parking lot at 3996 E. Evans Ave. As officers were responding to the shooting at McDonald’s, they observed a vehicle fleeing the scene. The suspects, Thomas and Fuller, were later apprehended.

SUSPECT IN FELONY HOMICIDE SOUGHT: The Denver Police Department is looking for Juan Carballo for felony homicide. Carballo has a tattoo on his left and right arms, shoulders and chest, and is believed to have fled to Mexico. DPD believes Carballo was responsible for the 2003 shooting of Ivan Beaza-Garcia, 22. The Carballo case is part of DPD Fugitive Coldcase Project. Anyone with information should not attempt to approach or contact this dangerous person but should call Crime Stoppers, 720-913-STOP.

‘EMERGENCY’ MEETING ON MEDICAL MARIJUANA: The Colorado Board of Health today is holding an “emergency” meeting at 10:30 a.m. to vote to redefine what a medical marijuana caregiver is, according to Sensible Colorado. The Board of Health might require caregivers to provide supplementary services beyond simply providing sick patients with medical marijuana. The meeting is occurring at 10:30 a.m. in the Snow Room at the Colorado Department of Public Health and Environment, 4300 Cherry Creek Dr. South.

MCINNIS ANNOUNCES NEW WEB SITE: Colorado Gubernatorial hopeful Scott McInnis announced his new Web site designed to help potential voters learn more about him and become involved in his campaign. The site was designed and is hosted by Denver-based Notion One, and utilizes state-of-the-art web technology, including a countdown clock to Election Day 2010. The site can be accessed at www.ScottMcInnisForGovernor.com.

STATE GETS OVER $3M IN SETTLEMENTS: Colorado Attorney General John Suthers announced yesterday that Colorado has received more than $3 million as part of four settlements obtained from four pharmaceutical manufacturers for their part in Medicaid fraud. The lawsuit alleged that Pfizer Inc. and it’s subsidiary, Pharmacia & Upjohn Company, Inc., as well as AstraZeneca Pharmaceuticals LLP, Ortho McNeil Pharmaceutical, Inc., and Mylan Pharmaceuticals, Inc., improperly marketed drugs and paid kickbacks to doctors and other professionals to induce them into prescribing the drugs for off-label purposes. The multi-state Pfizer settlement is the largest in Medicaid history, requiring the company to pay $1 billion in civil damages.

EMPLOYERS SHOULD SEE SMALLER PREMIUMS FOR WORKERS COMP INSURANCE: With the number of worker injury claims down for the eighth time in nine years, Colorado employers should see smaller premiums for their Worker’s Compensation insurance. Loss costs, which are defined as the average cost of lost wages and medical expenses combined, have declined more than 50 percent since 2000, and Colorado employers could see as much as 84 million in reduced premiums.

THIRD DRAFT OF ZONING CODE POSTED TODAY: The third public draft of Denver’s new zoning code will be posted today for public review at www.newcodedenver.org. Opportunities to comment and ask questions about the code will be provided at two listening sessions scheduled for Nov. 18 from 5:30-8:30 p.m. and Nov. 19 from 1-4 p.m. The sessions will be held at the Wellington E. Webb Building, 201 W. Colfax Ave., Room 4F6/4G2. Zoning code team members will also be available to answer questions at the same building in Room 4.I.4 on Nov 10 from 4-7 p.m. and Nov. 12 from 11 a.m.-2 p.m.

RESCUE MISSION NEEDS TURKEYS: The Denver Rescue Mission needs turkeys, 12 pounds or more, to feed the homeless and poor during the holiday season. Six thousand turkeys, as well as canned goods, are needed for the Great Thanksgiving Banquet on Nov. 25, as well as to be used in 1,250 mission holiday boxes, and distribution to poor and needy families in the Denver-Metro area. Donations can be left at the Lawrence Street Shelter at the corner of Park Avenue and Lawrence Street. For information, call 303-297-1815 or visit www.denverrescuemission.org.

NEW RAMP METERS INSTALLED: The Colorado Department of Transportation has installed four new ramp meters to control the flow of traffic onto selected Interstates and freeways. In addition, an automated traffic recorder was installed on the ramp from northbound I-25 to Thornton Parkway to record daily traffic counts. The meters were installed at: Sheridan Boulevard to westbound US 36; 84th Avenue to northbound I-25; Kipling Parkway to eastbound C-470; AND Yosemite Street to westbound C-470.

H1N1 VACCINATION CLINICS: Denver Health will hold H1N1 vaccination clinics today and tomorrow from 7-10 a.m. and 4-7 p.m. at Rita Bass Trauma & EMS Institute, 190 W. 6th Ave. There are more H1N1 vaccination clinics upcoming as well. Visit denverhealth.org or call 303-436-6100 for more information. No appointment is necessary and vaccines are provided on a first come, first served basis.

Comments:
Robert Chase @ 2009-11-03 01:26:27	The CDPHE is attempting to use the recent Court of Appeals ruling to justify repealing the definition of a caregiver as being at minimum a provider of medicinal cannabis. The decision by the Court of Appeals in People v. Clendenin did not apply to cases brought after the regulations passed by the Board of Health took effect on August 30. There is no basis for calling an emergency meeting of the BOH simply because the Court of Appeals has indicated that it interprets the Medicinal Cannabis Amendment differently than the BOH has done. The existing regulations represent the correct interpretation of the Amendment, which may be affirmed when People v. Clendenin is appealed to the Supreme Court. The meaning of the phrase: "significant responsibility for managing the well-being of a patient" has not been settled by the decision of the Court of Appeals, so it would be premature to revisit the regulations now, and it is completely disingenuous and improper of Mr. Martin or others in the CDPHE to characterize this as an "emergency" hearing. If the BOH succumbs to their misrepresentations and People v. Clendenin is reversed on appeal, will the CDPHE then call the BOH into another "emergency" session to reverse the summary action it is being asked to take now? While the existing regulations might be struck down by the courts or altered by statute in the future, there is no reason to change them now. The Supreme Court may affirm our view of the meaning of the Amendment, in which case the CDPHE would have held this summary meeting and pushed through unconstitutional regulatory changes in vain. I hope that the BOH will consider that the leadership of the CDPHE has called the BOH into emergency session under false pretenses to revisit regulations on which they just spent an entire day deliberating. The CDPHE has been hostile to the decision of voters and the needs of patients throughout this process, but this summary hearing demonstrates a contempt for the decision of the BOH itself and constitutes professional misfeasance. I urge you the BOH to repudiate not only the proposal to remove the definition of the phrase: "significant responsibility for managing the well-being of a patient" from the regulations, but the decision to call the BOH into emergency session, on election day, for a hearing to be held in a room which cannot accommodate even a tenth of the people who are directly affected and wish to attend, on a matter which may be rendered moot by the actions of our courts and legislature, and which can in no wise be described as an emergency. The CDPHE's original attempt to thwart the Medicinal Cannabis Amendment by fiat was rejected by the District Court because no public hearing had been held. Now, after subjecting the BOH to a day-long public hearing, the CDPHE seeks to punish the Board for rendering a correct decision, and acts deliberately to marginalize the people who would be most affected. Please come to the CDPHE, 4300 Cherry Creek Dr. before 10:30AM to urge the BOH to act in the public interest again. Reject this contemptuous importunity from bad actors in the CDPHE.
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