Prosecutors decline to file charges in West Valley shooting death

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Prosecutors decline to file charges in West Valley shooting death
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The Salt Lake County District Attorney's Office is declining to file criminal charges against a man who was arrested last month for investigation of aggravated murder.

WEST VALLEY CITY — The Salt Lake County District Attorney's Office is declining to file criminal charges against a man who was arrested last month for investigation of aggravated murder.

West Valley police submitted the case to the district attorney's office to be screened for formal charges. But according to a letter dated Jan. 11 from the district attorney's office sent to West Valley police, Upshaw claims he was acting in self-defense and prosecutors said they cannot prove otherwise at this time.

Prosecutors say it was Bernal who likely brought the gun to the scene and attempted to use it against Upshaw, but Bernal ended up being shot during a struggle with Upshaw, according to the letter.prevents prosecutors from filing charges. The law places "an additional burden on the prosecution ...

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