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Case Description

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In the early moments of September 22, 2018, the life of Brett Ojiyi, a 21-year-old male student and running back for the Colorado Mesa University football team, was cut short in a residence in Grand Junction, Colorado. Around 12:05 a.m., law enforcement responded to a call at an apartment occupied by several students. Upon arrival, they found Ojiyi on the floor inside the front door, attended by several other young men. He had sustained a single gunshot wound to the chest and was pronounced dead at the scene.

The initial investigation by the Grand Junction Police Department was shrouded in uncertainty. While the university president initially described the incident as a 'tragic accident,' police quickly determined that the gunshot was not self-inflicted. Several individuals were present at the apartment at the time of the shooting: Gary Scott, Daryl Hawkins, Jackson Burrell, Marcus Hines, Tylin Charles, Virnel Moon, Sage Manoa, and Kayla Kanaha. Interviews with those present indicated that there had been no argument or fight that would suggest a motive for an intentional shooting. However, a crucial piece of evidence, the gun, was not immediately found at the scene.

Further investigation revealed a more complex picture. A black. 45 caliber handgun was seen on the floor near Ojiyi after the shot was heard, and another individual, Gary Scott, was seen with a gun. A search of the residence eventually uncovered a gun hidden in a laundry basket. A video from a week prior to the incident showed Ojiyi on a hoverboard in the house, waving a large stack of money and a black semi-automatic handgun, at times pointing it at the camera. This suggested a familiarity and casualness with firearms within the residence. An autopsy revealed the bullet traveled through Ojiyi's right lung and heart before lodging in his left side, and toxicology results showed the presence of THC in his system.

Ultimately, the 21st Judicial District Attorney's office declined to file any charges in connection with Brett Ojiyi's death. While charges of reckless manslaughter, criminally negligent homicide, and tampering with evidence were considered against Gary Scott, the District Attorney concluded there was insufficient evidence to prove who was responsible for the gun being discharged. Adding to the complexity of the decision, Ojiyi's family requested that charges not be pursued for lying to the police or for hiding the gun. The case was subsequently closed, leaving the precise circumstances of the fatal gunshot officially unresolved.