Judge won’t yet consider First Amendment defense from man arrested after livestreaming during King Soopers shooting

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Judge won’t yet consider First Amendment defense from man arrested after livestreaming during King Soopers shooting
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A Boulder County judge on Tuesday allowed the criminal case to go forward against the man charged with police obstruction after he livestreamed the 2021 mass shooting at the Table Mesa King Soopers grocery store.

A Boulder County judge on Tuesday allowed the criminal case to go forward against the man charged with police obstruction after he livestreamed theDean Schiller, 44, had argued his actions were protected by the First Amendment, but Judge Zachary Malkinson on Tuesday declined to take up that argument, saying it was outside of his authority to consider at this point in the case.

However, that clause prohibiting prosecution solely for “verbal opposition” was added to the law as part of ain 2021 and took effect in March 2022, almost a year after Schiller was charged. That means the unamended statute applies to Schiller’s case, said George Brauchler, former district attorney in the 18th Judicial District.

A spokeswoman for the Boulder District Attorney’s Office did not immediately return a request for comment. An investigator with the office previously accused Schiller of resisting attempts to physically move him from the scene.

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