Some Aurora theater shooting victims left out of distribution of donation fund money

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Twenty-two victims of the Aurora theater shooting will be left out of the settlement involving millions of dollars in donations which rolled in from around the world.

 "I had many friends and family that sent me money to help with my medical issues," said Marcus Weaver who was hit by two bullets during a rampage authorities say James Holmes was responsible for. "I didn't stay overnight in a hospital, so the administrator of the 7/20 fund says I don't qualify for any of the funds, even though I told people to donate not to me, but to the fund so all the victims could share in the compensation."

Weaver spent about eight hours in Parker Adventist Hospital the night he was shot... the night his girlfriend was shot and killed. He decided since his wounds would wait for treatment, and because some were in worse shape, he went home and went back for treatment when things calmed down.

His act of kindness may cost him dearly, as he is now in a group of 22 who were shot and/or wounded but will not get any of the donation funds, simply because they didn't stay overnight in the hospital.

"There is a website on which is asking the Governor and Administrator to reevaluate the payoff for victims," said Weaver.

"I have been in and out of hospitals for weeks, my arm may never be right but I am not eligible for any of the funds, even those which were donated to help with all my medical bills."

The operations manager at Bud's Home Improvement says he feels like his faith in God will get him by, but having money to help with medical bills would really help.

Tim Smith gathered money from vendors he works with at his construction company. He is upset Weaver won't be included in the donation pay-out.

"I just think it’s a shame what they are doing to Marcus and 21 others," Smith said. "They should rethink what's happening."

Consultant Alvertis Simmons says he is trying to tell people in favor of seeking an injunction to stop the checks from being sent out, that they should instead petition the Governor to "have a heart at the holidays" and do the right thing for people wounded but not included.

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