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Colorado Springs police arrest third in February liquor store killing

September 13, 2017 Updated: September 14, 2017 at 7:19 am
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Flowers and teddy bears left outside Empire Liquor Store Thursday, February 16, 2017, the day after a clerk was found shot in the store. The clerk was taken to a local hospital where he died of his injuries. Photo by Mark Reis, The Gazette

A 16-year-old boy has been arrested on suspicion of first-degree murder in the late night robbery of a Colorado Springs liquor store Feb. 15 that ended in the slaying of store owner Donat Herr.

Phinehas Daniels, 19, and a 13-year-old boy previously were arrested on suspicion of first-degree murder in the killing at Empire Wine and Liquors, 3381 N. Academy Blvd.

Officers were responding to a burglary alarm when they found Herr, 68, with a gunshot wound. He was taken to a local hospital, where he died.

"If somebody tried to rob him, he would fight back. That's the kind of person he was. He was strong," said Amy Nguyen, who worked at Spa Pedicure two doors from Herr's store.

In June, Daniels, the 13-year-old and the 16-year-old were identified as suspects in a string of at least six armed robberies, including the one that killed Herr, because of what they repeatedly wore, court records said.

Clothing worn by the robbers later was matched to the apparel worn in the suspects' Facebook photos, found in their homes or on them during their police interviews, says the 15-page document.

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