Tulsa Police Sgt. Brandon Watkins says the person who died Wednesday was a 52-year-old man. He says the man pulled a gun, jumped behind the photo counter to take photos from a clerk and then climbed back over the counter.

Watkins says that while other employees tried to call police, a 28-year-old Walgreens employee shot and killed the man.

Factors slowing U.S. population growth are a record low birthrate that continues to fall and a death rate that is rising slightly. For the year that ended July 1, the birthrate fell to 59.8 births per 1,000 women aged 15 to 44, according to preliminary data from the National Center for Health Statistics. That’s 14% below the most recent peak, in 2007.

Preliminary data show the death rate for the year that ended July 1 rising to 867.6 per 100,000, up 3% from the same period two years earlier.

The judge rejected the contention that the grand jury proceeding was flawed and then turned his attention to whether police and prosecutors exhibited bias and pervasive bad deeds to warrant a dismissal.

Burke found that "there is no basis for the defendant's claim of prosecutorial or law enforcement misconduct in the proceedings." Not only will he reject the dismissal bid, but he is turning down Brafman's call for an evidentiary hearing to examine the issue. "The defendant may explore any issues of witness credibility at a trial should such witnesses testify," added the judge.

The next hearing is March 7. The next phase of pretrial proceedings could have prosecutors and the defense warring over the potential for trial testimony from other women who have publicly accused Weinstein of misconduct.