Police said Friday two girls are suspected of breaking a window at Top That Frozen Yogurt.
Cmdr. Ray Shupe said the girls are not being identified because they are minors.
The case is being turned over to the 6th Judicial District Attorney’s Office for review and possible filing of charges, he said.
District Attorney Christian Champagne said Friday his office had not yet received the investigating documents, and had therefore not yet determined whether formal charges will be filed.
Top That’s front window was reported broken Nov. 8, though it’s suspected the act happened the night before. The shop is located in the 600 block of Main Avenue in downtown Durango.
Authorities say it appears the window, just left of the store’s entrance, was smashed by a Smirnoff Ice bottle, the remnants of which were found with the broken window.
The window was double-pane, and only the exterior window was broken, not the interior. The estimated cost in damages was about $800, police previously said.
Top That’s security cameras captured video of two people outside the store around 10:45 p.m. Nov. 7 drinking the alcoholic beverage. Once finished, one of the people, out of view, throws the bottle at the window.
The security cameras, however, did not get a good look at the subjects or show any identifying features.
The Durango Police Department’s newly installed security cameras in downtown Durango, however, captured several images of possible suspects, which were circulated in an effort to have the public help identify them.
The broken window prompted Top That owners to put up signs that said, “I shoot to kill” and “Kyle Rittenhouse is a HERO,” referring to the 17-year-old accused of shooting and killing three protesters in Wisconsin.
Top That has become somewhat of a political lightning rod after putting up pro-Republican candidate signs and refusing to enforce a face-covering ordinance to slow the spread of COVID-19. It has been the site of several altercations.
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