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Home My WebLink About993045.tiffRESOLUTION RE: ACTION OF BOARD AT HEARING TO DETERMINE WHETHER PROBABLE CAUSE EXISTS NOT TO RENEW TAVERN LIQUOR LICENSE - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR - EXPIRES JANUARY 21, 2001 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, as the local liquor licensing authority for Weld County, Colorado, pursuant to Section 12-47-106(1)(b), C. R.S., and Weld County Ordinance No. 102-A, may cause a hearing to be held on the application for renewal of any liquor license previously issued, and WHEREAS, Romance, Inc., dba Club Romance/Lucky Star, holds a Tavern Liquor License, to sell malt, vinous, and spirituous liquors, by the drink for consumption on the premises only, said license being previously approved by the Board and expiring on January 21, 2000, and WHEREAS, the Board received information from the Weld County Sheriff's Office regarding certain facts which could bring a reasonable person to believe the existence of one of the factors stated in Ordinance No. 102-A regarding the renewal of said license, and WHEREAS, a Probable Cause Hearing was held on December 29, 1999, at 9:00 a.m., the applicant was present, and the Board heard all of the testimony and statements of those present, heard the recommendations of the Weld County Attorney's Office and the Weld County Sheriff's Office, and studied all of the exhibits and evidence in the form of testimony and written reports presented in this matter and, having been fully informed, determined that the renewal of said Tavern Liquor License should be approved with two conditions as set forth below, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C., said applicant has paid the sum of $125.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 33131 Highway 85, Lucerne, Colorado 80646 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 99-21, to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until January 21, 2001, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises 993045 So, LC0016 RE: SET RENEWAL HEARING FOR TAVERN LIQUOR LICENSE -ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR PAGE 2 only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license, subject to the following conditions: 1. The Licensee shall ensure that all of its employees complete the TIPS training, which shall include, but not be limited to, training regarding the sale or dispensation of liquor to minors and/or persons who are visibly intoxicated. 2. The Licensee shall post a sign at the main entrance to the licensed premises which states the Licensee's rules regarding age limits for minors who must be accompanied by a parent or adult while inside the licensed premises, i.e., that a minor less than 14 must be accompanied by a parent and may only stay for a maximum of two hours, a minor less than 16 must be with a parent, and anyone between the ages of 16 and 20 must be with an adult 21 years of age or older. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Liquor License Renewal Application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of December, A.D., 1999. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the BY Deputy Clerk to the B APPROVED AS TO FORM: County Attorney COUN _C• ORA.O Glenn V 993045 LC0016 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 5402102/991 DEPARTMENT ALCOHOL STATE Liquor Denver, OF COLORADO OF REVENUE Enforcement Division 1375 Sherman Street Colorado 80261 ROMANCE INC CLUB ROMANCE/LUCKY BAR 33131 HWY 85 LUCERNE CO 80646 BEVERAGE LICENSE Account Number Liability Information LICENSE EXPIRES AT MIDNIGHT County City Indust. T ype Liability Date 24-85307-0000 03 206 005813 C 012299 JAN 21, 2001 Type Name and Description of License Fee 2010 2190 TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS COUNTY 85 PERCENT OAP FEE $ 50.00 $ 425.00 This license is issued provision of Title nontransferable only valid through be addressed to Street, Denver, CO In testimony whereof, TOTAL subject to the laws of the State of Colorado 12, Articles 46 or 47, CRS 1973, as and shall be conspicuously posted in the place above the expiration date shown above. Questions concerning the Department of Revenue, Liquor Enforcement 80261. I have hereunto set my hand. JAN ll 6 2006 FEEISI and especially amended. described. Division, $ 475.00 under the This license is This license is this license should 1375 Sherman - -t. Director -1-c- -s( Executive Lttt 4 G Division Director DR 8400 110195) COLORADO DEPT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN ST DENVER CO 80261 LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION ROMANCE INC CLUB ROMANCE/LUCKY BAR 33131 HWY 85 LUCERNE CO 80646 ❑ This renewal reflects no changes from the last application. Complete page 2 and file now! • There are changes from the last application. Complete and attach page 2 (DR 8401) and if a corporation, DR 8177 - Corporate Report of Changes; or if a Limited Liability Company (DR 8405). 4.11 w changes of ownership r+u vtfit3i w w� lyBS require a transfer of ownership application See your Local Licensing Authority immediately. ❑ Delivery Permit requested? Retail Liquor Store, Drug Store or 3.2% Beer - Combination On/Off Premises Licenses ONLY. Check the box if you want the permit to be issued. :HH:: 0./1TH:0F APPLICANT:" .:.:... . :: declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature, (77'7 c--/1/441-7 Date 1000/61q Business Phg_ne 110 ' 35 f - �--r-_ Title of S)gner (if corporation) 9 — Sales Tax Numberr,) :: EPOR AND::APFRQVAt:QFtlCENSING AUTHORfTY::::::::::::::'::: .::,.. ,, :... s The foregoing application has been examined and the premises, business conducted and character of the applicant are sati fact 'f -.,' '�'d` ..! and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R. ;,, : ' :' _'�'r � THEREFORE THIS APPLICATION IS APPROVED. ` � y� � 4-=',...,.„,,.,01 1 1,. �T_ : 1;�`�� Local Licensing Authority for Wel Cou t Colorado Il Town/City ® Cou t " -' '� ,� /. � / a �L_' Signature 6,., - - Title Chair, Weld County Board of Commissioners Attest „ , License Number 24-85307-0000 License Type 2010 Liability Information 03 206 005813 C 012299 Business Location 33131 HWY 85 LUCERNE CO Current License Expires JAN 21, 2000 PLEASE COPY FOR YOUR RECORDS Application for renewal must be filed with your LOCAL LICENSING AUTHORITY at least 45 DAYS PRIOR to the expiration date of your current license. Exception: Wholesaler, manufacturer, importer, and public transportation system license renewals do not need Local Licensing Authority approval and must be returned directly to the Colorado Department of Revenue at least 30 days prior to the current license expiration date. --FrAtORETOTILE THISRENEWACAT DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. DO NOT DETACH DR 8400 (08195) COLORADO DEPT OF REVENUE 1375 SHERMAN ST DENVER CO 80261 Business Name CLUB ROMANCE/LUCKY LICENSE NUMBER (Use for all reference) 24-85307-0000 RENEWED LICENSE EXPIRES AFTER 01-21-01 TYPE OF LICENSE ISSUED TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS CASH FUND 2320-100(999) $ 25.00 STATE FEE 2010-750(999) $ 25.00 COUNTY 85% OAP 2190-100(999) $ 425.00 DO NOT DETACH LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION 21 SUB -TOTAL $ 475.00 ADD $75.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT 2210-100(999) $ •_ TOTAL AMOUNT DUE $ Make check payable to: Colorado Department of Revenue r 'Y'' t DR 8401 (0797) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE LAKEWOOD, CO 80261 (303) 205-2300 ATTACHMENT TO LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION This page must be completed and attached to your signed renewal application form. Failure to include this page with the application may result in your license not being renewed. Trade Name of Establishment "..R0 Malt Inc £ tuh Zmc., rice/ Li)( f J +af State License Number d V - 153O 7 e 1.`'OQerating Manager,"vjn{/ r l 1 U� 6,�.1I � I If i�3 f u;e Home Address // ✓//�}/�, , ,om� 777:/-4;13 I� ILL'' 2 /�'� C �/ l Date of Birth l �� r I 2. Do you have legal possession of the premises " for which this application for license is made?� �� r SU ref1-CCd If rented, expiration date of lease: V 3 Yes 2 No ❑ Are the premises owned or rented: 3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in detail and attach a listing of all liquor businesses in which these new lenders or owners. (other than licensed financial institutions) areIZ materially interested. Yes No 4. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation. Yes No in 1 5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders . (other than licensed financial institutions), been denied an alcoholic beverage license. had an alcoholic beverage license suspended or revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed explanation. Yes No x❑ 6. Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a ' direct or indirect interest in any other Colorado liquor license (include loans to or from any licensee, or interest in a loan to any licensee)? If yes, attach a detailed explanation. Yes No ❑ N 7. Sole owners or husband -wife partnerships answer this question. Since the date of filing of the last annual license application: Has ownership changed in whole or in part, from a sole owner to any other person, partnership, corporation, or limited liability company other than the licensee listed on your state liquor license? If yes, this license must be transferred to the now owner and may not be renewed. Contact your Local Authority immediately. Yes No PI [1] 8 Partnership applicants must answer this question. Since the date of filing of the last annual license application: (a) Are there, or have there been any general partners added to, or deleted from the partnership? If yes, this license must be transferred to the new partnership and may not be renewed. Contact your Local Authority immediately. (b) Are there, or have there been any limited partners with a 10% or more interest. added or deleted from the partnership? If yes, this license must be transferred to the new partnership and may not be renevved. Contact your Local Authority immediately. Yes ❑ ❑ No [..I 9. Corporate applicants must answer this question. Since the date of filing of the last annual license (a) Are there, or have there been any officers or directors added to, or deleted from the corporation? DR 8177 and submit to your Local Authority immediately. (b) Are there, or have there been any stockholders with 10% or more of the issued stock, added to, If yes, corplete and attach DR 8177 and submit to your Local Authority immediately. with the Colorado Secretary of State: 6 application: If yes, complete and attach or deleted from the corporation? `rI, Yes No (c) Date of filing last annual corporate report 10. Limited Liability Company applicants must answer this question. Since the date of filing of the last annual license application: I ( (a) Are there, or have there been any managing members added to, or deleted from the company? If yes, complete and attach DR 8177 and submit to your Local Authority immediately. (b) Are there, or have there been any members with 10% or more membership interest, added to. or deleted from the company? If yes, complete and attach DR 8177 and submit to your Local Authority immediately. LLCO with the Colorado Secretary of State: Yes 11 ❑ No • (c) Date of filing last annual report 11. Bed and Breakfast applicants must answer this question and certify compliance with 12-47-118.5 C.R.S., to the state licensing authority by initialing the following listed questions: That it has no more than 20 sleeping rooms, and That it provides at least 1 meal per day at no charge other than for overnight lodging, and That it does not sell alcoholic beverages by the drink or in sealed containers, and That it shall not serve alcoholic beverages for more than 4 hours in any one day, as follows: MONDAY HOURS pb From: � eo m. A m . TUESDAY HOURS From: � �{� P m. To:,g:W Q, m. WEDNESDAY HOURS From: 1 � � f� m. Toga? (j m. THURSDAY HOURS 0-0)p From:/? p m. To:&?,:oc, 4t m. FRIDAY HOURS From:A�"6%> m. To:,;2;e2,) a,) et m. SATURDAY HOURS From:/c' P m. To:�' V m. SUNDAY HOURS From: /2'�f m. , To GG' ea m. LIQUOR/BEER RENEWAL REVIEW FORM Date: November 18, 1999 TO: Deputy Mark Johnson FROM: Kim Fliethman SUBJECT: Liquor License Check In accordance with the new procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering renewal of the liquor and/or beer license. PLEASE RESPOND NO LATER THAN: NOVEMBER 30, 1999 ESTABLISHMENT: ROMANCE, INC. DBA CLUB ROMANCE/LUCKY STAR 33131 HIGHWAY 85 LUCERNE, CO 80646 Current license expires: JANUARY 21, 2000 ************************************************************************************************************ No concerns Deputy's Initials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) ************************************************************************************************************ Please notify at Extension of the date and time of the Board of Commissioner's renewal hearing. Liquor/Beer License Worksheet The following concerns are noted: Ke!> <. hat /. 0 /17e G, 1, G/ti f Ce epc 14n /�/aye / terns I�t 7/ c-eS7�-G/�S/�i�P Ll n/9 - v1 4- //g ,1 lmmal ntocf 6/s -l/( The Licensee and the Sheriff's Office have collectively agreed to implement the following to correct concerns noted above: (A time line and corrective action should be listed for each concern) Establishment Owner, Please Print Date Establishment Signature Deputy's :.nature Use another sheet of paper or attach separate proposal to this packet if needed. Attach copies of all reports associated with this establishment for the last year. Both the Deputy and the Owner of the establishment will be required to attend the Liquor Hearing to testify to the above agreement. MEMORANDUM 1� 1� WIOC COLORADO TO: Esther Gesick, Deputy Clerk to the Board November 22, 1999 FROM: Vickie Brown, Zoning Compliance Officer, Dept of Planning SUBJECT: Liquor License Renewal LC0016 Review of the following liquor license renewal by the Department of Planning Services show the following: 24-85307-0000 Romance, Inc. Dba Club Romance/Lucky Star 33131 Highway 85 Lucerne, Colorado 80646 Zone District: Agricultural This use is allowed through the zone district and existed prior to zoning SERVICE, TEAMWORK, INTEGRITY, QUALITY Romance, Inc., dba Club Romance/Lucky Star do Manuel Mannquez 33131 Highway 85 Lucerne, CO 80646 RE: Probable Cause Hearing Dear Mr. Manriquez: CLERIC TO THE BOARD PHONE (970) 356-4000, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Due to the concerns expressed by the Sheriffs Office and the numerous case reports regarding your establishment, a Probable Cause Hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, on December 29, 1999, at 9:00 a.m. to consider whether cause exists to set a Show Cause Hearing regarding the renewal of your liquor license. The Board of County Commissioners will consider the attached documents and any testimony presented by you or a representative at said hearing. If you have questions or need additional information, please do not hesitate=to contact me at (970)356-4000, Extension 4226. Very truly yours, Esther Gesick Deputy Clerk to the Board Enclosure cc: Sheriff's Office County Attorney RACT PAGE NO.OU01 WC0022 ST53 12-02--1999 02:18 CASE STATUS/ACTIVITY REPORT CASE NO: WC9803302 INCIDENT INFORMATION INC-DATE: 07-26-1998 NAT -CALL : POP CASE/ASSIGNMENT DETAILS INITIAL ASGN: 07-28-1998 ASSIGNED TO: FOLLOWUP AREA 1 CHARGE: POP PROBLEM ORIENTED POL COUNT: ASGN-AREA: LAST ACTIVITY: 01-12-1999 STATUS: CLOS DISPO: SU SOLV: A PROS *PROBLEM AREA REPORT PROP -ACT: HLD INS ONLY CASE ACTIVITY -- -- DATE INVESTIGATOR ACT HRS-MIN NEXT NEXT DATE AMOUNT 01-12-1999 WC0022 JOHNSON, MARK R SU POP CLOSED FOR YEAR. 01-12-1999 WC0022 JOHNSON, MARK R SS :05 SUPP DONE TO CLOSE THIS POP OUT FOR THE YEAR, NEW ONE ISSUED FOR 1999, CR 99-7. 12-06-1998 WC0145 LAEGER, CLINTON GI CR'S WERE 54`2, 5423, 5424. 12-06-1998 WC0145 LAEGER, CLINTON GI 4:00 THIS SUNDAY NIGHT I ARRESTED 2 INDIVISUALS FOR POSS. COCAINE, 1 WAS A JUVI. SAME NIGHT TOOK 3 ASSAULT REPORT VIC. AND SUS. MINORS, FILED WITH DA'S OFFICE. 11-30-1998 WC0145 LAEGER, CLINTON GI :10 I HAVE NOTICED IN THE LAST COUPLE WEEKS THAT THE GANG TYPE CROWD IS INCREASING IN NUMBERS AT THE BAR. THE GANG CROWD WAS THE MAIN PROBLE M WHEN THEY WERE TEMPTATION IN DACONO. 11-30-1998 WC0145 LAEGER, CLINTON GI 3:00 RICHARSON TOOK ASSAULT REPORT W/SECURITY AS SUS. WC98-5299. I OBTAIN ED WRITTEN STATEMENTS. I MET W/SECURITY AND BAR STAFF, THEY WERE ADVISED THAT IF 661NG ESCALATES TO FORCE WE ARE TO BE CALLED. 12-23-1998 WCU022 JOHNSON, MARK R GI :25 FI OF JORGE ALVARADO, 071975. WALKING ON 392 1/2 W OF 37. WANTED A RIDE BACK TO CLUB TO FIND A FRIEND FOOR A RIDE HOME TO BOULDER. HAD BEEN AT CLUB. 11-21-1998 WC0022 JOHNSON, MARK R GI :15 CR 5207, VIC ASSAULTED IN BATHROOM BY UNK SUS. 11-21-1998 WC0022 JOHNSON, MARK R GI :15 CR 5206, RP CALLED AND SAID SHE WAS ASSAULTED BY SEC. GUARD. DID NOT WAIT FOR ME TO MAKE FORMAL COMPLAINT.. 11-17-1998 WC0022 JOHNSON, MARK R GI 14:00 CR 5125, KIDNAP/SEX ASSAULT. SUS TOOK 16 YR OLD EX GIRL FRIEND FROM LOT TO HOUSE IN GREELEY AND ASSAULTED HER THERE. RACT PAGE NO.0002 WC0022 ST53 12-02-1999 02:18 CASE STATUS/ACTIVITY REPORT CASE NO: WC9803302 CASE ACTIVITY DATE INVESTIGATOR ACT HRS-MIN NEXT NEXT -DATE AMOUNT 11-16-1998 W00022 JOHNSON, MARK R GI 1:00 CR 98-5104. CRIM MISCH IN PARKING LOT, CAR RAN INTO ANOTHER CAR ON PURPOSE. 11-16-1998 CR 98-5103 11-14-1998 CR98-5088, WC0022 JOHNSON, MARK R GI :15 911 HANGUP FROM PAYPHONE IN BAR. NO PROBLEMS. WC0022 JOHNSON, MARK R GI :05 LOST WALLET AFTER ALTERCATION IN 98 -5086 • 11-14-1998 WC0022 JOHNSON, MARK R GI 1:00 CR98-5086, HARRASSMENT. SUS CITED FOR GRABBING A GIRL INAPPROPRIATE LY AFTER SHE DECLINED TO DANCE WITH HIM. 11-02-1998 WC0145 LAEGER, CLINTON OT :30 3 DEGREE ASSAULT. VICTIM A REGULAR AT THE BAR, SUSPECT HAS BEEN CAUSING PROBLEMS W/VIC'S FAMILY. SUSPECT NOT A REGULAR, CAME IN, CAUSED PROBLEMS, JUMPED VIC. IN RESTROOM. CITED REF. CASE 98-4878. 10-25-1998 WC0306 CALDWELL, ALAN M GI :59 ARRESTED MALE SUBJECT FOR DISSORDERLY CONDUCT. CR 98-4764. 10-14-1998 WC0145 LAEGER, CLINTON GI :05 PRINTED RACT TO DATE AND PLACED IN BAR FILE. 08-30-1998 WC0022 JOHNSON, MARK R GI :45 2 UNDERAGED KIDS CITED FOR POSSESSION. HAD COME FROM GREELEY TO THE BAR TO DANCE, BROUGHT 12 PACK WITH THEM, AN ADULT CLAIMED IT. THE KIDS HAD NOT IMBIBED. CR 98-3902. 08-30-1998 WC0306 CALDWELL, ALAN M GI :30 WCO26 ARRESTED MALE PARTY FOR POSSESION OF COCAINE - CR 983904. 08-30-1998 WC0306 CALDWELL, ALAN M GI :30 ARRESTED MALE PARTY FOR HARASSMENT .. DOMESTIC VIOLENCE (CR 98-3909 08-01--1998 WC0064 HOOLEY, JOHN GI 2:00 REFER TO CR98-3407, DUI/T.A. PASSENGER ADVISED DRIVER HAD BEEN DRINKING AT CLUB ROMANCE. 07-28-1998 FUP001 FOLLOWUP AREA I IN 08-04-1998 NUMBER OF ACTIVITIES: INVL NAME 0TH CLUB ROMANCE TOTAL TIME: 2'9:49 TOTAL OF REC. PROP: ASSOCIATED PERSONS - CHARGE/RELATED ACTIVITY POP *PROBLEM AREA REPORT $0 ELD COUN _ SHERIFF 03I/C0 11� o W Ern GIp Ow o Z< O N oU : � W W 6M S3OIS HAAS 0Y38 IN3Wt10001YD31 V SI SIHl icogE RVCO O i cle H_ W N N N N Q Y cc z W a 0 z a 0 0 0 2 cc tll S 0 z Defendant (Last Name) first) (Middle) Date W Bvm /VY C/ 15 t' M 0 p TOTAL TO BE PAID BY MAIL $ (FINE AND SURCHARGE) PENALLY ASSESSMENT TRAFFIC INFUAt ION ( ) OFFENSE ( ) 'MAILED ( ) My signature is a prorate to pay this penk snUi,l whin 20 days With payment, I e,kmw(ed of all charges listed noon ono `understand sal the points Inca riled* what t't my driver's keno. I I do not pry. lee mere to appear In coat (DEFENDANT --- NOTICE, SEE It CI IOTIS ON REVERSE SIDE NDANT COMMITTED THE OFFENSE(S) AGAINST THE PEACE AND DIGNITY OF THE PEOPLE OF THE S TE OF COLORAUU AND SSESSMENT WAS SERVED UPON THE DEFENDANT ��.j� �fD IC INT T NAME / U i a OFFICER NO �3- 1W t @,JI IN: diZaZF�/ COLORADO ON SePj dv V AW S _N IZ N�I k CI v I fr O cs� Cr yC PLACARDED HAZ MAT ( ) i U THE UNDERSIGNED HAS PROBABLE CAUSE TO BELIEVE THAT THE DEFEI THAT A COPY OF THIS SUMMONS & COMPLAINT OR PENALTY A ENT TROOP PATROL DATE ISSUED g/ cr&o p W LL o Y z ILL CMCL VEIL REO CDT INVOLVED ( ) FINGER COL PRINTED ( ) 1 1 NRVC CUSTODIAL 1 1 I ARREST ( ) r SUMMONS TRAF 9301S H.LOS 0VSS :A3;0111300 11(031 V SI S11 -I1 *Name: *Addr: *City: YSex: M Rae: *Occupation: *Addl Desc PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:25 WC9803300 IWELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-3300 (Crime/Incident: DISORDERLY CONDUCT N/C: DISORD F/M: M l Addl Offense F/ M: (Date reported : 072698 Time Rpt: 0131 Clearing ease #: iConnecting cases: 98-3301 + INCIDENT DATE -TIME --AND LOCATION IF/Date: 072698 F/T: 0115 'Leo: 23131 HWY 85 City: LUCERNE IT/Date: 072698 T/T: 0130 Case status: CLEARED IDEP: WC0022 JOHNSON, MARK R (Drugs/Alcohol: Y iTot Prop Stolen: Force : lExtent Injuries: CASE STATUS AND MISC DATA --- Domestic Viol: Evidence/Photos: Prop Revd: Prop Damg: Attempted or Completed: ***************************DATA FOR PERSON INVOLVED AS A: WIT *Name: MONRIOUEZ, MANUEL DOB: *Addr: 604 MARION Phone: 7852503 H/B: (City: PLATTEVILLE St: CO Zip: 80651 OLN: OLS: `Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: BAR MGR Bus Addr: CLUB PARADISE BusTX: 3524203 * 33131 HWY 85, LUCERNE *Addl Desc Info: :*::f ****.*:*`f*4; *:***:f f f*4**:***DATA FOR PERSON INVOLVED AS A: WIT DOB: Phone: CASHION, RICK 1218 MCKAY CT DACONO St: CO Zip: OLN: W Eth: Hgt: Wgt: Hai: SECURITY Bus Addr: SECURITY INC 4995 LOWELL BLVD Info: DENVER Eye: SS: H/B: OLS: BusTX: 3034337777* .* * PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:25 WC9803300 :**.*******:******:f:****:r•*:**k***DATA FOR PERSON INVOLVED AS A: WIT *** *Name: TURBOLD, BRIAN DOB: * *Addr: 1534 S CLOVER WAY Phone: 9895542 H/B: H *City: LAKEWOOD St: CO Zip: 80232 OLN: OLS: '* *Sex: M Rae: W Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY Bus Addr: DENVER METRO BusTX: 3034337777* * 4995 LOWELL BLVD * * Addl Desc Info: DENVER * *.*****.*****.:*:*;************:***DATA FOR PERSON INVOLVED AS A: WIT *•** *Name: MOLL, MATT DOB: * *Addr: 3742 W 80TH DR Phone: 3329609 H/B: H * *City: WESTMINSTER St: CO Zip: 80030 OLN: OLS: * *Sex: M sac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: DENVER METRO BusTX: 3034337777* :* *Addi Desc Info: * ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: MORENO, VIVIAN DOB: *Addr: 2459 ASH AV X64 Phone: 3538691 *City: GREELEY St: CO Zip: OLN: *Sex: F Rao: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: * *Addi Desc into: :*. * * *** H/B: H .* OLS: :* K*'***."*****************DATA *:::� :*.:+*:r.*:** k** k;*** * t *DATA FOR PERSON INVOLVED AS A: WIT **:* *Name: DEVARGAS, RUTH DOB: *Addr: 202 9TH AV #1 Phone: 3539001 H/B: H t. *City: GREELEY St: CO Zip: OLN: OLS: *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: S5: *Occupation: TECHNICAN Bus Addr: STARPAK BusTX: 3526800 * *Addi Desc into: *: :* * PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 02:25 WC9803300 ****************************DATA FOR PERSON INVOLVED AS A: VIC *Name: STATE OF COLORADO DOB: *Addy: Phone: *City: St: Zip: OLN: *Sex: Rao: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: * *Addl Desc Info: ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITE *Name: JACQUEZ-ROJAS, GERARDO DOB: *Addr: 3206 W 7TH ST #40 Phone: 3041815 *City: St: Zip: OLN: 951560746 *Sex: M Rao: H Eth: H Hgt: 508 Wgt: 150 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION *Cite#: WC15979 Date/Time: 0726980130 DR: 98-3300 OFF: *Location: 33131 HWY 85 Accident: *Lic Number: Lie. ST: Lie Yr: VIN: *V-yr: V -make: V -model: V -style: V -color: *Court Date: 082898 Court Time: 0900 *VIOL -1: 189106 DISORDERLY CONDUCT .~VIOL *VIOL -3: *VIOL -4: - BOOKING DETAIL; *Sc/Mrk/TT: State of Birth: *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: Booking Date/Time : *DUI BAL: BOOK NO: Warrant #: Arresting OFF: WC0022 JOHNSON, MARK R *: CRM : CITE : BOOK GPD PKG No: W/ORI: * x * H/B: OLS: * * **** H/B: H * OLS: CO* P WC0022 * *Lie Number: Lie ST: Lie Yr: VIN: *V--yr: V -make: V -model: V -style: V -color: *Court Date: 083196 Court Time: 0900 *VIOL -1: 189106 DISORDERLY CONDUCT *VIOL -2: **VIOL -3: *VIOL -4: ------ --BOOKING DETAILS 4Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Cries: Booking Date/Time : *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0022 JOHNSON, MARK R *: CR14 : CITE : BOOK PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 02:25 WC9803300 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITE '*** *Name: RAMOS-DELATORRE, EMETERIO DOB: * Addr: 512 17TH ST #3 Phone: 3521777 H/B: H * *City: St: Zip: OLN: 94098'!666 OLS: CO* *Sex: M Rae: H Eth: H Hgt: 505 Wgt : 140 Hai: ELK Eye: BRO SS: . *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION--- -•--- --- -- ------------+ "Cite#: WC15980 Date/Time: 0726980130 DR: 98-3300 OFF: WC0022 *Location: 33131 HWY 85 Accident: * + :SYNOPSIS OR NARRATIVE--- : LIQUOR ESTABLISHMENT, BAR ROOM BRAWL, TWO CITED FOR DISORDERLY. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT !ITEM NO: 1 DESC: TWO SUMMONS WC15980, WC15979 !ITEM NU: DESC: IITEM NO: DESC: IITEM NO: DESC: 4: 4: 4. *. * 4 -` - -- OFFICERS ON SCENE AT INCIDENT - + OFFICER CHRIS DALE, EATON PD NARRATIVE/FACTS: I RESPONDED TO THE CLUB ROMANCE, FORMERLY THE LUCKY STAR LOUNGE, ON A REPORTED DISTURBANCE. SECURITY ADVISED THEY HAD TWO IN CUSTODY. UPON MY ARRIVAL AT THE SCENE, THE PARKING LOT WAS; JAMMED AND THERE WERE LOTS OF PEOPLE MOVING ABOUT. I REQUESTED AN ADDITIONAL CAR AND OFFICER DALE OF THE EATON POLICE CAME DOWN TO COVER ME. AS I GOT OUT OF MY CAR I SAW TWO PARTIES SITTING AGAINST THE PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 02:25 WC9803300 OUTSIDE WALL OF THE: CLUB ROMANCE WITH SECURITY GUARDS STANDING BY THEM. BOTH WERE CUFFED. ONE PARTY WAS IDENTIFIED AS GERARDO JACQUEZ-ROSOS. THE OTHER PARTY WAS IDENTIFIED AS ENETERIO RAMOS-DELATO RRE. GERARDO HAD A PUFFED UP LEFT EYE AND A SCRAPE ABOVE THAT EYE. THE SECURITY GUARDS WERE TRYING TO GET GERARDO TO PUT ICE ON THE EYE. ENETER1U HAD A PUFFED UP LOWER LIP WITH A LITTLE BIT OF BLOOD ON HIS CHIN. I WAS ADVISED BY SECURITY GUARDS RICK CASHION, BRIAN TURBOLD AND MATT MOLL THAT THE TWO PARTIES HAD BEEN INVOLVED IN A FIGHT IN THE BAR. THEY GRABBED THE TWO OF THEM AND BROUGHT THEM OUTSIDE, CUFFED THEM UP, HAD THEM SIT DOWN UNTIL I ARRIVED ON SCENE. RICK CASHION FURTHER ADVISED THAT WHEN HE SAW THEM, BOTH GERARDO AND ENETERIO WERE GOING AT ONE ANOTHER AND BRIAN TURBOLD TRIED TO INTERVENE AND HE WENT TO HELP BRIAN AND AT THAT POINT, ENETERIO HIT HIM ONCE IN THE MOUTH WITH A BACKHAND TYPE SLAP. BRIAN TURBOLD ADVISED HE SAW THE TWO START TO FIGHT AND HE GRABBED A HOLD OF GERARDO AND WHEN HE DID THAT, ENETERIO HIT HIM TWO TO THREE TIMES IN THE SIDE OF THE HEAD. BOTH GUARDS ADVISED THAT THEY WERE OKAY AND HAD NOT BEEN HIT HARD. THEY FURTHER ADVISED THAT ENETERIO AND GERARDO STARTED TO GET INTO IT, AND ENETERIO THREW A GLASS AT GERARDO AND MISSED AND HIT A FEMALE PATRON WHO RECEIVED A CUT TO THE LEG AND WAS GOING TO GO TO THE HOSPITAL. I HAD DEPUTY STARK GO TO THE HOSPITAL AND SEE IF HE COULD CONTACT THAT PARTY FOR A STATEMENT. DUE TO THE FACT THAT BOTH GERARDO AND ENETERIO DID NOT SPEAK ENGLISH, I ASKED FOR SOME ASSISTANCE FROM SOME PATRONS AND VIVIAN MORENO OFFERED TO INTERPRET FOR GERARDO. VIVIAN CONFIRMED ID INFORMATION ON HIS COLORADO ID AND I FILLED OUT THL SUMMONS FOR DISORDERLY CONDUCT FOR HIM ADVISING THAT HE NEEDED TO GO TO COURT ON AUGUST 28, 1998. I ALSO ASKED HER IF HE HAD ANY KIND OF STATEMENT HE WANTED TO MAKE AND SHE SAID THAT GERARDO DENIED BEING IN A FIGHT IN THE BAR AND COULDN'T UNDERSTAND WHY SECURITY GUARDS WOULD HIT HIM IN THE EYE. HE FIRST STATED THAT BRIAN HAD HIT HIM AND CAUSED HIS EYE TO SWELL AND STATED THAT RICK HAD HIT HIM AND CAUSED HIS EYE TO SWELL AND THEN STATED THAT VIVIAN HAD HIT HIM AND CAUSED HIS EYE TO SWELL. I USED THE BAR MANAGER, MANUEL MONRIOUEZ, TO INTERPRET FOR ENETERIO. HE ADVISED HIM OF THE SUMMONS AND THAT HE NEEDED TO GO TO COURT ON AUGUST 31, 1998. MANUEL FURTHER STATED THAT WHEN HE ASKED ENETERIO IF HE WANTED TO MAKE A STATEMENT, ENETERIO SAID HE HAD NOT BEEN INVOLVED IN ANY KIND OF FIGHT. HE COULDN'T UNDERSTAND WHY THE GUARDS GRABBED HIM. HE SAID THAT WHEN HE WAS GRABBED FROM BEHIND BY THE GUARDS, HE DIDN'T KNOW WHAT WAS GOING ON AND HE JUST KIND OF REACTED TO THEM GRABBING HIM. DEPUTY STARK ADVISED THAT HE DID CONTACT RUTH DEVARGAS AT THE EMERGENCY ROOM AT THE HOSPITAL. SHE HAD AN APPROXIMATE THREE INCH CUT ON HER LEG. RUTH TOLD DEPUTY STARK THAT SHE AND HER SISTER AND ANOTHER FRIEND WERE SITTING AT A TABLE WHEN TWO PEOPLE STARTED PTXT PAGE NO.0006 WC0022 ST53 12-02-1999 02:25 WC9803300 FIGHTING A COUPLE OF TABLES AWAY. SHE FELT SOMETHING HIT HER LEG, BUT DIDN'T SEE WHO THREW THE OBJECT OR WHAT WAS THROWN. SHE DID NOT KNOW WHO WAS FIGHTING. SHE DID TALK TO THE BAR MANAGER WHO OFFERED TO PAY FOR HER MEDICAL EXPENSES. DEPUTY STARK ALSO ADVISED THAT HE DID NOT THINK THERE WAS GOING TO BE ANY STITCHES REQUIRED FOR HER INJURY. WHILE ON SCENE ANOTHER DISTURBANCE BROKE OUT AND A SECOND CR WAS DRAWN FOR THAT, 3301. BOTH PARTIES CITED IN THIS CASE DISPLAYED CLASSIC SIGNS OF INTOXICATION. BOTH HAD STRONG ODORS OF ALCOHOLIC BEVERAGES ON THEIR BREATH, SLURRED SPEECH, BLOODSHOT EYES, AND POOR BALANCE. +-- --- THIS IS THE END OF THIS REPORT + --- - -- --- - ---± Report Approved By: WC0013 RUSCH, HENRY E PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:25 WC9803301 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-3301 Crime/Incident: DISORDERLY CONDUCT N/C: DISORD F/M: M Addy Offense F/M: Date reported : 072693 Time Rpt: 0140 Clearing case #: Connecting cases: 98-3300 +~- INCIDENT DATE -TIME -AND) LOCATION IF/Date: 072698 F%T: 0130 ILoc: 33131 HY 85 IT/Date: 072698 T/T: 0145 Case status: CLEARED IDEP: WC0022 JOHNSON, MARK R (Drugs/Alcohol: YES ITot Prop Stolen: 'Force: Y 'Extent Injuries: CASE STATUS AND MISC DATA City: LUCERNE Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Dams: Attempted or Compieted: C *** f:P.:F*:*i.**:** ***.***:k: * .**DATA FOR PERSON INVOLVED AS A: *Name: *Addr: *City: St: Zip: *Sex: Rac: Eth: Hgt: Wgt: *Occupation: Bus Addr: * *Addl Desc Info: STATE OF COLORADO DOE: OLN: Hai: Phone: VICTIM Eye: SS: BusTX: H/B: OLS: **:+ *: 4 * * * *: * ******** ***DATA FOR PERSON INVOLVED AS A: WITNESS *Name: CASHION, RICK DOB: *Addr: 1218 MCKAY CT Phone: 8330503 *City: DACONO St: CO Zip: 80514 OLN: *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: *Occupation: SECURITY Bus Addr: DENVER METRO * GUARD SECURITY INC *Addl Desc Info: 4995 LOWELL BL, DENVER 80221 * H/B: OLS: SS: t. BusTX: 3034337777* :* PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:25 WC9803301 ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *Name: MOLL, MATT DOB: *Addr: 3742 W 80TH DR Phone: *City: WESTMINSTER St: CO Zip: 80030 OLN: *Sex: M Rae: W Eth: Hgt: Wgt: Hai: Eye: *Occupation: SECURITY Bus Addr: DENVER METRO GUARD SECURITY INC *Addl Desc Info: 4995 LOWELL BL, DENVER .4* 3329609 H/B: H * OLS: SS: .t BusTX: 3034337777 80221 * ******.*CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CIT'EL *Name: RODRIGUEZ, ESTELLA DOB: *Addr: 618 W 13TH ST #16 Phone: *City: GREELEY St: CO Zip: 80631 OLN: 940980826 *Sex: F Rac: H Eth: H Hgt: 503 Wgt: 140 Hai: BLK Eye: BRO SS: *Occupation: UNEMPLOYED Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION --- *Cite#: WC15978 Date/Time: 0726980140 DR: 98-3301 OFF: WC0022 *Location: 33131 HY *Lic Number: *V-yr: V -make: *Court Date: 032898 *VIOL -1: 189106 *VIOL -2: *VIOL -3: *VIOL -4: * H/B: * OLS: CO.K * 85 Lic ST: Lie Yr: VIN: V -model: V -style: Court Time: 0900 DISORDERLY CONDUCT *Sc/Mrk/TT: *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: NO Booking Date/Time : 0726980140 *DUI SAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0022 JOHNSON, MARK R *: CRM : CITE : BOOK BOOKING DETAILS State of Birth: Accident: V -color: GPD PKG No: * * * * A. PTXT PAGE NO.0003 WC0022 ST53 12--0'2-19'99 02:25 WC9803301 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITED *Name: PACHECO, NORA DOB: *Addy: 115 S 14TH AV #1A Phone: 3460255 *City: GREELEY St: CO Zip: 80631 OLN: 951071818 *Sex: F Rae: H Eth: H Hgt: 503 Wgt: 155 Hai: BRO Eye: BRO SS: *Occupation: Bus Addr: MONFORT PACK BusTX: CITE/LOCATION/VEHICLE INFORMATION *Cite#: WC15977 Date/Time: 0726980140 DR: 98-3301 OFF: *Location: 33131 HY 85 Accident: *Lic Number: Lie ST: Li'_ Yr: VIN: *V-yr: V -make: V -model: V -style: V -color: *Court Date: 082798 Court Time: 0900 *VIOL -1: 189106 DISORDERLY CONDUCT *VIOL *VIOL -3: *VIOL --4: *- - -BOOKING DETAILS *Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: NO Booking Date/Time : 0726980140 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0022 JOHNSON, MARK R *: CRM : CITE : BOOK 4 H/B: H *. OLS: COf WC0022 4: 4 SYNOPSIS OR NARRATIVE ------ - : NIGHTTIME, ALCOHOL RELATED, BAR FIGHT. BOTH PARTIES CITED. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT ---- I ITEM NO: 1 DESC: COPY SUMMONS WC15977 IITEM NO: DESC: COPY SUMMONS WC05978 (ITEM NO: DESC: (ITEM NO: DESC: OFFICERS ON SCENE AT INCIDENT OFFICER CHRIS DALE/EATON PD NARRATIVE/FACTS: I WAS AT THE CLUB ROMANCE, FORMERLY THE LUCKY STAR LOUNGE, ON CASE NUMBER 3300. I WAS OUTSIDE THE BAR DEALING WITH THE TWO PARTIES IN THAT CASE AND HEARD A BUNCH OF SCREAMING COMING FROM THE INSIDE OF THE BAR. I WENT INTO THE BAR AND SAW GUARD RICK CASHION BREAKING UP A DISTURBANCE BETWEEN TWO FEMALES. I WENT TO ONE OF THE FEMALES WHO WAS LATER IDENTIFIED AS NORA PACHECO AND ESCORTED HER OUTSIDE. I TALKED TO HER FOR A BIT AND SHE SAID THAT THE OTHER GAL, ESTELLA :+: PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 02:25 WC9303301 RODRIGUEZ, CAME AT HER SO SHE HIT HER TO DEFEND HERSELF. NURA SAID THAT ESTELLA WAS TALKING BAD ABOUT HER BROTHER ALL NIGHT. SHE FURTHER STATED THAT SHE DIDN'T THINK IT WAS RIGHT THAT THE BAR WAS KICKING HER OUT JUST BECAUSE THEY WERE "FUCKING ESTELLA". SECURITY GUARD MATT MOLL SAID THAT BOTH ESTELLA AND NORA HAD BEEN TALKING BAD ALL NIGHT. HE ESCORTED NORA OUT AT ONE POINT AND CALMED HER DOWN AND TOLD HER THAT SHE NEEDED TO COOL IT. RICK CASHION STATED THAT AFTER THE INITIAL SQUABBLE IN THE BAR, AND AFTER NORA WAS OUTSIDE, WHEN ESTELLA CAME OUTSIDE NORA CAME RIGHT AFTER HER AND THEY GOT INTO IT. I DID TALK TO ESTELLA RODRIGUEZ AND SHE STATED THAT SHE ONLY DEFENDED HERSELF WHEN NORA CAME AFTER HER AND TRIED TO HIT HER. DUE TO CONFLICTING STATEMENTS AND BOTH PARTIES APPARENTLY GOING AFTER ONE ANOTHER AT VARIOUS TIMES, BOTH WERE CITED FOR DISORDERLY CONDUCT. FURTHERMORE, BOTH PARTIES EXHIBITED INDICIA OF INTOXICATION. BOTH HAD STRONG ODORS OF ALCOHOLIC BEVERAGE ON THEIR BREATH, THEIR SPEECH WAS SLURRED, THEIR EYES WERE BLOODSHOT AND WATERY. --+ THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 02:30 W09803903 1 : WC98--3903 Agency Case No. Defendant: AGUIRRE, CRUZ DOB: Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 083098 Charges Statute Class 1: HARASSMENT/DOMESTIC VIOLENCE 18.9.111 M1 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST of the WELD COUNTY SHERIFF'S OFFICE, being duly sworn upon oath says that there is probable cause for the warrantless arrest of the above named defendant for the charges(s) stated above, and that the following facts are true and correct to the best of his/her knowledge, information, and belief and support the arrest of the defendant: THE FOLLOWING EVENTS OCCURRED IN WELD COUNTY, COLORADO. YOUR AFFIANT HAS LEARNED THE FOLLOWING FACTS BY PERSONAL OBSERVATIONS AND/OR READING POLICE REPORTS, AND/OR TALKING WITH OTHER PERSONS. ON 083093, AT APPROXIMATELY 0015 HOURS, DEPUTY CALDWELL AND DEPUTY JIM FRANKS RESPONDED TO 33131 HIGHWAY 85, WELD COUNTY, COLORADO. AT THAT LOCATION DEPUTY CALDWELL INTERVIEWED SECURITY OFFICER KENNETH JONES. JONES TOLD DEUPTY CALDWELL THAT HE SAW CRUZ AGUIRRE SHOVE FRANCES LEE AJALLA WHILE HE WAS ATTEMPTING TO ENTER HIS VEHICLE. JONES STATED THAT AFTER HE WITNESSED CRUZ AGUIRRE SHOVE FRANCES LEE AJALLA THAT HE INTERVENED AND DETAINED THE SUSPECT UNTIL LAW ENFORCEMENT OFFICERS ARRIVED. FRANCES LEE AJALLA STATED THAT CRUZ AGUIRRE SHOVED HER WHILE SHE ATTEMPTED TO PREVENT HIM FROM DRIVING AWAY. FRANCES LEE AJALLA STATED THAT SHE ATTEMPTED TO STOP CRUZ AGUIRRE FROM DRIVING BECAUSE HE WAS INTOXICATED. FRANCES LEE AJALLA STATED THAT SHE WAS MARRIED TO CRUZ AGUIRRE. FRANCES LEE AJALLA STATED THAT THEY GOT MARRIED ON 082998 AND THAT THEY WERE AT THE ROMA'S BAR CELEBRATING THEIR WEDDING NIGHT. Subscribed and sworn to before me this Affiant's signature day of 1998. PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 02:30 Notary Date Expiration: Notary Address: 910 10th Avenue, Greeley, CO. WC9803903 1 Notary Public After reviewing the above Affidavit in Support of Warrantless Arrest, I find: Date: There is probable cause for the arrest. There is not probable cause for the arrest and the Defendant is released from custody. JUDGE PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:30 WC9803903 ;WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-3903 (Crime/Incident: HARASSMENT N/C: HARASS F/M: M I Addl Offense F/M: (Date reported : 083098 Time Rpt: U013 Clearing case #: IConnecting cases: + --INCIDENT DATE -TIME -AND LOCATION IF/Date: 083098 F/T: 0013 ILoc: 33131 HY 85 City: EAT IT/Date: U83098 T/T: 0038 Case statu_is: CLEARED !DEP: WC0306 CALDWELL, ALAN CASE STATUS AND MISC DATA (Drugs/Alcohol: Y (Tot Prop Stolen: IForce: Y (Extent Injuries: Domestic Viol: Y Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: C ****************************DATA FOR PERSON INVOLVED AS A: VIC vName: AJALLA, FRANCES LEE DOB: *Addy: 433 WALL ST Phone: *City: EATON St: CO Zip: 80615 OLN: 963450792 Sex: F Rac: H Eth: H Hgt: 503 Wgt: 160 Hai: BRO Eye: BRO SS: *Occupation: Bus Addr: BusTX: *Addl Desc Info: :Y:k:k H/B: : :t OLS: CO* * •k * k**.rc**:k*****::*::k:k********:k:k:kDATA FOR PERSON INVOLVED AS A:. WIT *Name: JONES, KENNETH BLAINE DOB: *Addr: 12405 E 14TH AV Phone: 3033630708H/B: *City: AURORA St: CO Zip: 80011 OLN: 921164968 OLS: ''Sex: M Rac: W Eth: Hgt: 511 Wgt: 218 Hai: BRO Eye: BLU SS: *Occupation: Bus Addr: BusTX: +-Addl Desc Info: :k PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:30 WC9803903 **-**-***CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR K*** *Name: AGUIRRE, CRUZ DOB: * *Addy: 1213 12TH ST #16 Phone: H/B: * *City: GREELEY St: CO Zip: 80631 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: 509 Wgt: 160 Hai: BRO Eye: BRO SS: *Occupation: ROOFER Bus Addr: M & M ROOFING BusTX: * * CITE/LOCATION/VEHICLE INFORMATION- - - --+ KCite#: WC17364 Date/Time: 0830980013 DR: WC98-3903 OFF: WC0306 *Location: 33131 HY 85 Accident: N * *Lic Number: Lic ST: Lic Yr: ViN: i *V-yr: V -make: V -model: V -style: V -color: * *Court Date: Court Time: * *VIOL -1: 189111 HARASSMENT *VIOL -2: *VIOL -3: *VIOL -4: * - BOOKING DETAILS ---- *Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 189111 HARASSMENT *F/M: M Is There Add! Chgs: N Booking Date/Time : 0830980129 r *DUI BAL: BOOK NO: Warrant #: W/ORI: 'r *Arresting OFF: WC0306 *: CRM : CITE : BOOK + SYNOPSIS OR NARRATIVE : SUBURBAN BAR, NIGHTTIME HOURS, HUSBAND AND WIFE INVOLVED IN DISTURBANCE IN PARKING LOT OF A BAR. MALE SUBJECT ARRESTED FOR HARASSMENT / DOMESTIC VIOLENCE. +-- NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: BONDING SHEET IITEM NO: 2 DESC: SUMMONS WC17364 IITEM NO: 3 DESC: COPY OF RESIDENT ALIEN CARD IITEM NO: DESC: + OFFICERS ON SCENE AT INCIDENT WC0024 FRANKS, JAMES R NARRATIVE/FACTS: STATEMENT: KENNETH JONES SAID THAT HE SAW THE SUSPECT CRUZ AGUIRRE SHOVE FRANCES AJALLA IN THE PARKING LOT OUTSIDE OF THE ROMANCE CLUB LOCATED AT 33131 HIGHWAY 85. JONES SAID THAT HE WALKED OVER TO PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 02:30 WC9903903 WHERE THE AL'T'ERCATION WAS OCCURRING AND HE HAD TO FORCIBLY SUBDUE. THE SUSPECT CRUZ AGUIRRE. KENNETH JONES STATED THAT HE CALLED LAW ENFORCEMENT AS SOON AS HE PLACE THE SUSPECT INTO CUSTODY FRANCES AJALLA SAID THAT SHE ATTEMPTED TO PREVENT HER HUSBAND, CRUZ AGUIRRE, FROM DRIVING. FRANCES AJALLA STATED THAT SHE DIDN'T WANT HER HUSBAND TO DRIVE SINCE HE WAS INTOXICATED. FRANCES AJALLA SAID THAT CRUZ AGUIRRE SHOVED HER AND ATTEMPTED TO GET INSIDE HER VEHICLE, WHEN OFFICER JONES ARRIVED AND FORCIBLY SUBDUED CRUZ AGUIRRE. FRANCES AJALLA SAID THAT SHE HAD BEEN MARRIED TO CRUZ AGUIRRE ON THE 29TH OF AUGUST AND THAT THEY WERE CELEBRATING THEIR WEDDING NIGHT AT THE ROMANCE CLUB. FRANCES AJALLA SAID THAT ON PAST OCCASIONS, CRUZ AGUIRRE HAD HIT HER AND ABUSED HER WHEN HE WAS INTOXICATED. OBSERVATIONS: I SAW A BRUISE ON. THE RIGHT WRIST OF FRANCES AJALLA, WHEN SHE MADE REFERENCE TO PAST ABUSE FROM HER HUSBAND CRUZ AGUIRRE. I ARRESTED CRUZ AGUIRRE FOR HARASSMENT UNDER DOMESTIC VIOLENCE CIRCUMSTANCES AND TRANSPORTED HIM TO THE WELD COUNTY JAIL. + THIS IS THE END OF THIS REPORT +- Report Approved By: WC0024 FRANKS, JAMES R PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:28 WC9803904 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-3904 Crime/Incident: POSSESSION COCAINE N/C: NARC F/M: F Addl Offense F/M: Date reported : 083098 Time Rpt: 0030 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 082998 F/T: 2300 ILoc: 33131 HY 85 City: LUCERNE 1T/Date: 083098 T/T: 0200 Case status: CLEARED IDEP: WC0026 STARK, MICHAEL L IDrugs/Alcohol: YES ITot Prop Stolen: (Force: N (Extent Injuries: CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: C ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARRESTED *Name: GOMEZ, RAMON SAENZ DOB: *Addy: 15412 HY 14 Phone: *City: AULT St: CO Zip: 80610 OLN: ID92O843579 *Sex: M Rae: H Eth: H Hgt: 509 Wgt: 160 Hai: BLK Eye: BRO SS: *Occupation: FARMER Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION H/B: OLC. *Cite*: Date/Time: 0830980015 DR: 98-3904 OFF: *Location: .33131 HY 85 Accident: *Lic Number: Lic ST: Lic Yr: VIN: *V-yr: V --make: V -model: V -style: V -color: *Court Date: Court Time: *VIOL -1.: *VIOL - 2: : *VIOL -3: *VIOL -4: BOOKING DETAILS---------- --' - *Sc/Mrk/TT: State of Birth: MM GPD PKG No: *Charge: 1818405 OFFS RELAT TO CONTROLLED SUBSTN *F/M: F Is There Addi Chgs: NO Booking Date/Time : 0830980141 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0026 STARK, MICHAEL L : CR14 : CITE : BOOK WC0026 •f PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:28 WC9803904 ****************************DATA FOR PERSON INVOLVED AS A: WITNESS 4:**. *Name: TREBOLD, BRIAN DOB: * *Addy: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: C/O DENVER METRO BusTX: 3034337777} * OFFICER SECURITY :+ *Addl Desc Info: * * * + --- SYNOPSIS OR NARRATIVE- --- : WEEKEND, BAR AREA, SECURITY FINDS PATRON IN RESTROOM SNORTING COCAINE. + + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + (ITEM NO: 1 DESC: BONDING SHEET IITEM NO: 2 DESC: COPY COLORADO ID IITEM NO: 3 DESC: PROPERTY EVIDENCE REPORT S87825 IITEM NO: DESC: + PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 083098 Item#: 1 Tag#: S87825 Store at: IBra: Mod: Ser: Pieces: 1 IDesc: PLASTIC BAGGIE W/ WHITE OFF : WC0026 IVal: Cat: D Art: COCAIN Mak: T -Cat: Cal: IOAN: Rcvd-Date: R -Val: NARRATIVE/FACTS: ON 083098 ABOUT 0100 HOURS I WAS AT THE CLUB ROMANCE BAR IN LUCERNE WITH NUMEROUS OTHER OFFICERS REGARDING A DOMESTIC TYPE ASSAULT. WHILE ON SCENE I WAS APPROACHED BY A BAR SECURITY GUARD WHO IDENTIFIED HIMSELF AS BRIAN TREBOLD. WITH TREBOLD WAS AN ADULT HISPANIC MALE WHO WAS HANDCUFFED. TREBOLD STATES THAT JUST A LITTLE BIT AGO HE WAS CHECKING THE RESTROOMS OF THE BAR. HE STATES HE WENT INTO THE MEN'S RESTROOM AND SAW A HISPANIC MALE SNORTING OR SNIFFING A WHITE TYPE POWDER. MR. TREBOLD PLACED THIS PERSON IN CUSTODY AND IN CHECKING HIS PERSON DID LOCATE A VERY SMALL CELLOPHANE TYPE WRAPPER WITH A SMALL AMOUNT OF WHITE POWDER IN THE PERSON'S FRONT JEANS POCKET. TREBOLD PLACED HANDCUFFS ON THIS PERSON WHO WAS LATER IDENTIFIED BY A COLORADO PHOTO ID AS RAMON SAENZ GOMEZ. TREBOLD AND MR. GOMEZ WENT OUTSIDE OF THE BAR WHERE TREBOLD LOCATED ME TO ADVISE ME OF THIS MATTER. I ALSO RECEIVED FROM TREBOLD A SMALL CELLOPHANE TYPE PACKAGE WITH WHITE POWDER IN PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 02:28 WC9803904 IT. MR. GOMEZ WAS TAKEN TO THE WELD COUNTY JAIL WHERE DEPUTY CALDWELL ASSISTED ME IN SPANISH TRANSLATION TO COMPLETE THE BONDING SHEET. IN THE BETTER LIGHT OF THE BOOKING AREA, WE DID NOTICE A VERY SMALL AMOUNT OF A WHITE POWDERY SUBSTANCE ON THE NOSTRILS OF MR. GOMEZ. THE BOOKING INFORMATION WAS COMPLETED WITHOUT INCIDENT AND MR. GOMEZ WAS QUIET AND COOPERATIVE. I HAD CALDWELL ASK MR. GOMEZ IF HE KNEW WHY HE WAS BEING ARRESTED TO WHICH MR. GOMEZ REPLIED IN SPANISH VIA CALDWELL, YES, COCA. FROM THE WELD COUNTY JAIL I WENT TO THE GREELEY EVIDENCE ROOM AND FIELD TESTED THE WHITE POWDER WITH A NIK KIT TO WHICH A POSITIVE REACTION CAME BACK FOR COCAINE. THIS SMALL AMOUNT WAS WEIGHED WITH THE WRAPPER AT .2 GRAMS AND WAS PLACED IN THE GREELEY EVIDENCE LOCKERS. A HAND WRITTEN AFFIDAVIT WAS DONE AND NOTARIZED AND FAXED TO THE JAIL BE MANAGER HAYWARD. NO FURTHER AT THIS TIME. THIS IS THE END OF THIS REPORT Report Approved By: WC0023 HAYWARD, JAMES R PTXT PAGE N0.0001 WC0022 ST53 12-02-1999 02:26 WC9803407 To The WELD COUNTY COURT in Greeley, Colorado, dated this : 1ST day of : AUGUST , 1998 Pursuant to C.R.S. 16-11-501 (1) (2) (U), The Weld Co. Sheriff's Office is requesting restitution in the amount of : $ , upon conviction, for the prosecution of C.R.S. 42-4-1301 from: Defendant : RIVERA, MARCELINO TINOCO Address : 140 N 23RD AC City : GREELEY Charges 42413011A DRIVING UNDER INFLUENCE (95) EXPENSE CALCULATION Intoxilyzer Supply, Mouthpiece $0.23 Intoxilyzer Supply, Test card $0.20 Payable to Total : $ . DOB : ST : CO ZIP : 80631 Weld County Sheriff's Office 910 10th Avenue Greeley, Colorado 80631. Comments SUBJECT REFUSED TO COMPLETE TEST AS PRESCRIBED. TEXT INVALID. APPROVAL D.A. DISTRICT/COUNTY COURT JUDGE PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:26 WC9803407 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-3407 Crime/Incident: TRAFFIC ACCIDENT/DUI N/C: TADUI F/M: M Addl Offense F/M: Date reported : 080198 Time Rpt: 0318 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION iF/Date: 080198 F/T: 0318 ILoc: HY 85/WCR 66 IT/Date: 080198 T/T: 0319 Case status: CLEARED IDEP: WC0064 HOOLEY, JOHN !Drugs/Alcohol: YES ;Tot Prop Stolen: IForce: Extent Injuries: City: GREELEY CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: '+***'k**'.**..***.k***.****.k******DATA FOR PERSON INVOLVED AS A: VICTIM *Name: STATE OF COLORADO DOB: *Addr: Phone: *City: St: Zip: OLN: *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: *Addl Desc Info: H/B: OLS: ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARRESTED ,*+k *Name: RIVERA, MARCELINO TINOCO DOB: *Addr: 140 N 23RD AC Phone: 3460587 *City: GREELEY St: CO Zip: 80631 OLN: ID11367883 *Sex: M Rac: H Eth: H Hgt: 503 Wgt: 160 Hai: BLK Eye: BRO SS: *Occupation: UNEMPLOYED Bus Addr: BusTX: -- CITE/LOCATION/VEHICLE INFORMATION *Cite#: WC16037 Date/Time: 0801980318 DR: 98-3407 OFF: WC0064 *Location: HY 85/WCR 66 Accident: YES *Lic Number: WAP4585 Lic. ST: CO Lic Yr: 98 VIN: 1GNDM1521KB201164 *V-yr: 89 V -make: CHEV V -model: TK V -style: VN V -color: *Court Date: 100898 Court Time: 0900 *VIOL -1: 42413011A DRIVING UNDER INFLUENCE (95) *VIOL -2: 422101 DROVE VEH W/OUT VALID DL f -VIOL -3: VIOL -4: BOOKING DETAILS ;,.Sc/Mrs;/TT: State of Birth: GPD PKG No: H/B: H :f OLS: TX* :f: .f. :r. PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 02:26 WC9803407 *Charge: 42413011A DRIVING UNDER INFLUENCE (95) *F/M: M Is There Addl Chgs: YES Booking Date/Time : 0801980415 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0064 HOOLEY, JOHN *: CRM : CITE : BOOK + ADDITIONAL CHARGE DATA- IChg: 42101 DROVE VEH W/OUT VALID DL IF/M: M Cite#: WC16037 Warrant#: War/ORI: + SYNOPSIS OR NARRATIVE : RURAL NIGHTTIME HIGHWAY, VEHICLE RAN OFF RIGHT SIDE OF SOUTHBOUND LANE HIGHWAY 85 AT COUNTY ROAD 66. DRIVER UNDER THE INFLUENCE. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT- IITEM NO: 1 DESC: BONDING SHEET IITEM NO: 2 DESC: COPY OF SUMMONS WC16037 (ITEM NO: 3 DESC: NOTICE OF REVOCATION 1078645 IITEM NO: 4 DESC: 3 PAGES INTOXILYZER PAPERWORK IITEM NU: 5 DESC: COPY RIVER'S TEXAS ID IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: + OFFICERS ON SCENE AT INCIDENT EATON OFFICER 647 WC0064 HOOLEY, JOHN WC0145 LAEGER, CLINTON --+ PTXT PAGE NO.OOO4 WC0022 5T53 12-02-1999 02:26 WC9803407 DUI OBSERVATIONS *"**REASON FOR CONTACT**4 DISPATCHED TO ASSIST STATE PATROL ON A TRAFFIC ACCIDENT *ROAD CONDITIONS. DRY *TRAFFIC. LIGHT ***PHYSICAL OBSERVATIONS*** * BREATH ODOR OF AN ALCOHOLIC BEVERAGE *DEXTERITY UNCOORDINATED, UNSTEADY ON FEET *WALKING TO ROADSIDES WEAVING *'STANDING UNSTABLE ***ROADSIDE STATEMENTS*** *HOW MUCH HAVE YOU HAD TO DRINK? NOTHING .*.**CHEMICAL TEST SECTION*** *SUSPECT WAS ADVISED OF EXPRESS CONSENT AS PER STATE STATUTE./RESPONSE. ACKNOWLEDGED; OPTED FOR BREATH TEST THE SUSPECT SUBMITTED TO A BREATH TEST. *INTOXILYZER RAN BY MANAGER BILL SPALDING PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 02:26 WC9803407 INTOXILYZER RESULTS WERE INVALID. THE SUSPECT'S DRIVERS LICENSE WAS NOT PHYSICALLY TAKEN BECAUSE SUSPECT HAS NO DRIVER'S LICENSE. *SUSPECT WAS PERSONALLY SERVED WITH A COPY OF THE STATE OF COLORADO REVOCATION FORM. EN UN 080198 AT APPROXIMATELY 0315 HOURS I WAS DISPATCHED TO THE LOCATION OF HIGHWAY 85 AND COUNTY ROAD 66 ON A TRAFFIC ACCIDENT WITHOUT INJURY AS AN ASSIST FOR STATE PATROL. STATE PATROL ADVISED THEY HAD A NON -INJURY TRAFFIC ACCIDENT AT THAT LOCATION INVOLVING A DUI. THEY ADVISED THEY WERE TIED UP AND ASKED FOR ASSITANCE. UPON ARRIVING ON SCENE I CONTACTED OFFICER 647 FROM EATON. HE ADVISED THAT HE HAD CONTACTED BOTH THE MALE DRIVER THE DEFENDANT, AND THE MALE PASSENGER. OFFICER 647 ADVISED THAT THE MALE DRIVER HAD AN ODOR OF AN ALCOHOLIC BEVERAGE UN HIS BREATH AND DID NOT SPEAK ENGLISH. OFFICER 647 ADVISED THAT THE PASSENGER IN THE VEHICLE ALSO APPEARED TO BE INTOXICATED AND HAD ADVISED THAT THE DEFENDANT HAD DRANK FOUR OR FIVE BEERS WHILE AT CLUB ROMANCE IN LUCERNE. I CONTACTED THE DRIVER OF THE VEHICLE AND ASKED HIM IF HE WAS DRIVING. THE DEFENDANT REPLIED THAT HE WAS. THE DEFENDANT ADVISED THAT HE HAD HIT DIRT ON THE HIGHWAY, FORCING HIS VEHICLE OFF THE ROAD. DURING MY CONTACT WITH THE DRIVER OF THE VEHICLE I SMELLED AN ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH AND OBSERVED THAT HE WAS EXTREMELY UNSTEADY ON HIS FEET. I ATTEMPTED TO TALK TO THE DRIVER REGARDING ROADSIDE MANEUVERS AND EXPRESSED CONSENT, HOWEVER HE SPOKE VERY LITTLE ENGLISH AND WAS UNABLE TO UNDERSTAND. THE DRIVER WAS TAKEN INTO CUSTODY FOR TRANSPORTATION TO THE WELD COUNTY JAIL FOR AN INTOXILYZER TEST. AT THAT LOCATION I CONTACTED DEPUTY NORMA RODRIGUEZ OF THE WELD COUNTY SHERIFF'S DEPARTMENT. DEPUTY RODRIGUEZ TRANSLATED TO THE DEFENDANT THE EXPRESSED CONSENT, WHICH HE ACKNOWLEDGED AND CONSENTED TO AN INTOXILYZER TEST. MANAGER BILL SPALDING OF THE SHERIFF'S DEPARTMENT RESPONDED AND ATTEMPTED TO CONDUCT THE TEST. MANAGER SPALDING, WITH THE AID OF DEPUTY NORMA RODRIGUEZ FOR TRANSLATION, INSTRUCTED THE DEFENDANT AS TO HOW TO PROCEED WITH THE TEST. FOLLOWING THE PROCESS OF COMPLETING THE TEST, MANAGER BILL SPALDING ADVISED THAT THE DEFENDANT HAD BEEN UNABLE TO COMPLETE THE TEST PROPERLY AS HE HAD SUCKED AIR FROM THE INTOXILYZER CAUSING AN INVALID READING. MANAGER BILL SPALDING ADVISED THAT THIS IS THE SAME AS COMMITTING A REFUSAL TO TAKE THE TEST. THE DEFENDANT WAS TRANSPORTED TO WELD COUNTY JAIL WHERE HE WAS BOOKED FOR NO OPERATOR'S LICENSE AND DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS SERVED WITH A COPY OF THE NOTICE OF REVOCATION. PTXT PAGE NO.0006 WC0022 ST53 12-02-1999 02:26 WC9803407 THIS IS THE END OF THIS REPORT Report Approved By: WC0023 HAYWARD, JAMES R PTXT PAGE NO.0007 WC0022 ST53 12-02-1999 02:26 WC9803407 1 IWELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 1 FOR CASE# : WC98-3407 Supp Date: 080298 Time: 1330 DEP: WCO145 LAEGER, CLINTON Crime/Incident: DUI Original Date Reported: 080198 Case status: CLEARED Victim Name: STATE OF COLORADO Connecting case numbers: NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: TOW SHEET IITEM NO: DESC: IITEM NO: DESC: (ITEM NO: DESC: + DATA REGARDING A VEHICLE INVOLVED AS A: DUI ---+ IDate: 080198 Lic: WAP4585 LIS: CO LIY: 98 LIT: PC I IVyr : 89 Vma: CHEV Vmo: Vst: Vco: BLU Val: I IVIN: 1GNDM15Z1KB201164 Stored: OFF: WC0145 ! ITow: Y Type: Cond: #Occ: ' i lIgn locked: Doors locked: Key in car: Paymts curr: Weapons: I *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: OWN ***+` *Name: NATALIA, TINOCO DOB: Sex: Rac: *Addy: 140 N 23RD AC Phone: H/B: * City: GREELEY St: CO Zip: * *OLN: OLS: TOWED VEHICLE DATA----- + ITow-by: TOMS TOWING ITow-from: HY 85/WCR 66 Re l --condition : REL Tow -to: 503 N 11TH AV OFF: WC0145i NARRATIVE/FACTS: ON 080198, AT APPROXIMATELY 0330 HOURS, I RESPONDED TO HIGHWAY 85 AND WELD COUNTY ROAD 66, JUST NORTH OF GREELEY TO ASSIST DEPUTY JOHN HOOLEY ON A DRIVING UNDER THE INFLUENCE. UPON ARRIVAL I OBSERVED THE BLUE 1989 CHEVY PASSENGER VAN IN THE DITCH DIRECTLY SOUTHWEST OF THE INTERSECTION OF HIGHWAY 85 AND WELD COUNTY ROAD 66. PTXT PAGE NO.O008 WC0022 ST53 12-02-1999 02:26 WC9803407 1 AFTER INSPECTION OF THE VEHICLE I DETERMINED THAT THERE WAS VERY MINOR DAMAGE DONE TO THE VEHICLE AS IT HAD ONLY COLLIDED INTO A SOFT DIRT DITCH. I HAD DISPATCH CALL THE NEXT AVAILABLE TOW ON THE LIST. TOM'S TOWING RESPONDED AND TOWED THE VEHICLE TO 503 NORTH 11TH AVENUE IN GREELEY. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 02:44 WC9804764 1 : WC98-4764 Agency Case No. Defendant: GONZALEZ, FELIPE DOB: Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 102598 Charges 1: DISORDERLY CONDUCT Statute Class 18.9.106 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST of the WELD COUNTY SHERIFF'S OFFICE, being duly sworn upon oath says that there is probable cause for the warrantless arrest of the above named defendant for the charges(s) stated above, and that the following facts are true and correct to the best of his/her knowledge, information, and belief and support the arrest of the defendant: THE FOLLOWING EVENTS OCCURRED IN WELD COUNTY, COLORADO. YOUR AFFIANT HAS LEARNED THE FOLLOWING FACTS BY PERSONAL OBSERVATIONS AND/OR READING POLICE REPORTS, AND/OR TALKING WITH OTHER PERSONS. ON 10-25-98 AT APPROXIMATELY 0150 HOURS, DEPUTY ALAN CALDWELL AND DEPUTY MARK JOHNSON OF THE WELD COUNTY SHERIFF'S OFFICE RESPONDED TO CLUB ROMANCE LOCATED AT 33131 HIGHWAY 85, LUCERNE, WELD COUNTY, COLORADO, ON A REPORT THAT SECURITY OFFICERS HAD DETAINED A HISPANIC MALE. DEPUTY CALDWELL INTERVIEWED SECURITY OFFICER BRIAN TREBOLD OUTSIDE OF CLUB ROMANCE. OFFICER TREBOLD SAID THAT MANAGER JESUS SILVA ORDERED HIM TO REMOVE FELIPE GONZALEZ FROM THE PREMISES FOR HARASSING FEMALE CUSTOMERS. OFFICER TREBOLD ASKED FELIPE GONZALEZ TO LEAVE THE PREMISES. OFFICER TREBOLD SAID THAT MR. GONZALEZ REFUSED TO LEAVE THE PREMISES, AND BEGAN TO STRUGGLE WITH OFFICER TREBOLD. MR. GONZALES SWUNG AT OFFICER TREBOLD AND MISSED. OFFICER TREBOLD SAID THAT HE WAS FORCED TO PHYSICALLY TAKE FELIPE GONZALEZ TO THE GROUND IN ORDER TO PROTECT HIMSELF AND PUT HIM UNDER RESTRAINT. DEPUTY CALDWELL ATTEMPTED TO OBTAIN IDENTIFYING INFORMATION FROM MR. GONZALEZ. MR. GONZALEZ SAID THAT HE DID NOT HAVE ANY IDENTIFICATION WITH HIM. A COMPUTER CHECK REVEALED TWO OUTSTANDING WARRANTS ON AN INDIVIDUAL WHO HAD THE SAME NAME AND PHYSICAL CHARACTERISTICS AND SIMILAR DATE OF BIRTH AS MR. GONZALEZ. FELIPE GONZALEZ WAS BOOKED INTO THE WELD COUNTY JAIL ON DISORDERLY CONDUCT IN LIEU OF RECEIVING A SUMMONS AT THE SCENE BECAUSE HE WAS NOT ABLE TO PROVIDE DEPUTIES WITH IDENTIFYING INFORMATION THAT WOULD CERTIFY THAT HE WAS NOT THE PERSON WANTED ON THE TWO WARRANTS OUT OF EL PASO COUNTY. PTXT PAGE NO.0006 WC0022 ST53 12-02-1999 02:44 _subscribed and sworn to before me this Notary Date Expiration: WC9804764 1 Affiant's signature clay of 1998. Notary Address: 910 10th Avenue, Greeley, CO. Notary Public Atter reviewing the above Affidavit in Support of Warrantless Arrest, I find: Date: There is probable cause for the arrest. There is not probable cause for the arrest and the Defendant is released from custody. JUDGE PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:44 WC9804764 (WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-4764 (Crime/Incident: DISORDERLY CONDUCT N/C: DISORD F/M: M IAddl Offense F/M: !Date reported : 102598 Time Rpt: 0155 Clearing case #: IConnecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 102598 F/T: 0145 ILoc: 33133 HY 85 IT/Date: 102598 T/T: 0150 Case status: CLEARED IDEP: WC0306 CALDWELL, ALAN City: LUCERNE iDrugs/Alcohol: Y !Tot Prop Stolen: IForce: Y (Extent Injuries: CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: C ***** E******:**********;k**.**DATA FOR PERSON INVOLVED AS A: WIT *Name: TREBOLD, BRIAN JOHN DOB: *Addy: 1334 S DOVER WY Phone: *City: LAKEWOOD St: CO Zip: 80232 OLN: 941542427 *Sex: M Rae: W Eth: Hgt: 510 Wgt: 160 Hai: BRO Eye: BRO SS: *Occupation: SECURITY Bus Addr: DENVER METRO BusTX: 3034337777* GUARD SECURITY INC/4995 LOWELL BL, DENVER * *Addl Desc Info: :r. * ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: MOLL, MATTHEW CHARLES DOB: *Addr: 3742 W 80TH DR Phone: *City: WESTMINSTER St: CO Zip: 80030 OLN: 921596076 *Sex: M Rac: W Eth: Hgt: 508 Wgt: 155 Hai: BRO Eye: GRN SS: *Occupation: SECURITY Bus Addr: DENVER METRO BusTX: GUARD SECURITY INC/4995 LOWELL BL, *Addl Desc Info: ***. H/B: OLS: CO'* * H/B: OLS: DENVER PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:44 WC9804764 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR*** *Name: GONZALEZ, FELIPE DOB: * *Addr: 1201 8TH ST Phone: H/B: *City: GREELEY St: CO Zip: 80631 OLN: OLS: ` *Sex: M Rac: W Eth: Hgt: 506 Wgt: 150 Hai: BRO Eye: BRO SS: *Occupation: LABORER Bus Addr: MONFORT BusTX: .y, CITE/LOCATION/VEHICLE INFORMATION -+ '+Cite#: WC17227 Date/Time: 1025980145 DR: WC98-4764 OFF: WC0306 ' Accident: N V -color: *Location: 33133 HY 85 *Lic Number: Lic ST: Lic YT: VIN: - V-yr: V -make: V -model: V -style: *Court Date: 121798 Court Time: 0900 *VIOL -1: 189106 DISORDERLY CONDUCT *VIOL -2: *VIOL -3: *VIOL -4: * BOOKING DETAILS *Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: N Booking Date/Time : 1025980305 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0306 CALDWELL, ALAN * : CRM : CITE : BOOK k +. * + ----SYNOPSIS OR NARRATIVE------------ : EARLY MORNING HOURS, SUBURBAN BAR, SECURITY GUARDS PHYSICALLY RESTRAIN PARTY. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: BONDING SHEET (ITEM NO: 2 DESC: SUMMONS WC17227 ;ITEM NO: DESC: (ITEM NO: DESC: + - ---OFFICERS ON SCENE AT INCIDENT WCUU22 JOHNSON, MARK P. NARRATIVE/FACTS: SECURITY GUARD BRIAN TREBOLD SAID MANAGER, JESUS SILVA, ORDERED HIM TO REMOVE AN UNWANTED PARTY FROM THE BAR AREA. TREBOLD SAID THE UNWANTED PARTY WAS HARASSING FEMALE CUSTOMERS. BRIAN TREBOLD SAID HE WALKED TO THE BAR AREA, INSIDE OF THE ROMANCE NIGHTCLUB, AND CONTACTED THE UNWANTED PARTY. BRIAN TREBOLD SAID HE ASKED THE UNWANTED PARTY, LATER IDENTIFIED AS FELIPE GONZALES, TO LEAVE THE BAR. TREBOLD SAID FELIPE GONZALES REFUSED TO LEAVE THE BAR AREA. + PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 02:44 WC9804764 BRIAN TREBOLD SAID FELIPE GONZALES SWUNG AT HIM, BUT MISSED. BRIAN TREBOLD SAID FELIPE GONZALES CONTINUED TO STRUGGLE WHILE REFUSING TO LEAVE THE BAR AREA. BRIAN TREBOLD SAID HE WAS FORCED TO TAKE FELIPE GONZALES DOWN TO THE FLOOR AND RESTRAIN HIM. BRIAN TREBOLD SAID FELIPE GONZALES SUFFERED SOME SCRATCHES TO HIS RIGHT CHEEK BONE AND RIGHT PORTION OF HIS FOREHEAD, THAT RESULTED FROM THE TAKE DOWN. BRIAN TREBOLD SAID HE ESCORTED FELIPE GONZALES OUT OF THE ESTABLISHMENT AFTER HAVING PLACING HIM IN HANDCUFFS. SECURITY OFFICER MATTHEW MOLL SAID HE HELPED OFFICER TREBOLD RESTRAIN FELIPE GONZALES. OFFICER MOLL SAID FELIPE GONZALES SUFFERED THE SCRATCHES TO HIS RIGHT CHEEK AND FOREHEAD DURING THE TAKE DOWN BY OFFICER TREBOLD. OFFICER MOLL SAID HE HELPED REMOVE FELIPE GONZALES FROM THE PREMISES. FELIPE GONZALES SAID HE HAD NOT BEEN HARASSING FEMALE CUSTOMERS IN THE BAR AREA OF THE ROMANCE CLUB. FELIPE GONZALES SAID HE DID NOT KNOW THE REASON WHY SECURITY OFFICERS HAD THROWN HIM ON THE GROUND, NOR DID HE KNOW WHY THEY REMOVED HIM FROM THE PREMISES. SEVERAL TIMES FELIPE GONZALES DENIED HAVING DONE ANYTHING THAT WOULD HAVE RESULTED FROM HIS EXPLOITION FROM THE ROMANCE NIGHTCLUB. FACTS AND OBSERVATIONS: WHILE INTERVIEWING SECURITY OFFICERS AND SUSPECT ON THE PARKING LOT OF ROMANCE NIGHTCLUB, I NOTICED TWO SCRATCHES ON THE FACE OF FELIPE GONZALES. ONE SCRATCH WAS APPROXIMATELY 1/2" LONG BY 1/4" WIDE, AND PRESENT IN FELIPE GONZALES'S RIGHT CHEEK BONE AREA. FELIPE GONZALES HAD ANOTHER SCRATCH ON HIS RIGHT FOREHEAD AREA. THAT SCRATCH WAS APPROXIMATELY 1/4" LONG BY 1/4" WIDE. I ASKED FELIPE GONZALES IF HE WAS SICK OR INJURED OR REQUIRED MEDICAL ASSISTANCE, AND FELIPE GONZALES STATED "NO." FELIPE GONZALES TOLD DEPUTIES THAT HE DID NOT HAVE ANY I.D. ON HIS PERSON, STATING HE HAD LEFT IT AT HIS HOME IN GREELEY. OFFICER TREBOLD SAID FELIPE GONZALES HAD A STAMP ON HIS HAND, IDENTIFYING HIM AS AN ADULT, FOR ENTRY PURPOSES INTO THE ROMANCE NIGHTCLUB. OFFICER TREBOLD SAID FELIPE GONZALES WOULD NOT HAVE BEEN ABLE TO OBTAIN AN ADULT STAMP UNLESS HE HAD PRESENTED A VALID IDENTIFICATION CARD AT THE ENTRANCE OF THE CLUB. I OBSERVED THE LETTER "A" ON THE RIGHT HAND OF FELIPE GONZALES. I ASKED THE WELD COUNTY COMMUNICATION CENTER TO DO A "WANTS AND WARRANT" CHECK ON FELIPE GONZALES, BASED ON THE INFORMATION PROVIDED BY MR. GONZALES HIMSELF. AT THE SCENE, FELIPE GONZALES CLAIMED TO HAVE A DATE OF BIRTH OF WELD COUNTY COMMUNICATIONS CENTER INFORMED ME THERE WERE TWO OUTSTANDING WARRANTS FROM EL PASO COUNTY FOR AN INDIVIDUAL WITH THE PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 02:44 WC9804764 SAME NAME AND PHYSICAL DESCRIPTION AS FELIPE GONZALES, WITH SIMILIAR DATES OF BIRTH. DUE TO THE LACK OF IDENTIFYING INFORMATION ON FELIPE GONZALES, THE WARRANTS WERE NOT CONFIRMED. FELIPE GONZALES WAS OFFERED A RIDE TO HIS RESIDENCE, IN GREELEY, SO HE COULD RETRIEVE HIS I.D. FROM HIS RESIDENCE. AFTER TRANSPORTING FELIPE GONZALES TO HIS RESIDENCE, LOCATED AT 1201 8TH STREET, GREELEY, FELIPE GONZALES INFORMED ME THAT HE COULD NOT ENTER HIS APARTMENT. FELIPE GONZALES SAID ONE OF HIS BROTHER'S HAD HIS KEYS TO HIS APARTMENT. DURING THE CONVERSATION WITH FELIPE GONZALES OUTSIDE OF HIS RESIDENCE, HE SAID HIS UNCLE, JOSE ESCOBAR, DID NOT LIVE IN THE SAME APARTMENT AS HIM. THIS CONTRADICTED FELIPE GONZALES'S EARLIER STATEMENT MADE OUTSIDE OF THE CLUB ROMANCE. JOSE ESCOBAR ALSO RECEIVED A RIDE TO FELIPE GONZALES'S RESIDENCE. FELIPE GONZALES WAS TAKEN INTO CUSTODY ON DISORDERLY CONDUCT, IN LIEU OF RECEIVING A SUMMONS AT THE SCENE. FELIPE GONZALES WAS UNABLE TO PROVIDE ME WITH IDENTIFYING INFORMATION, THAT WOULD CERTIFY HE WAS NOT THE PERSON WANTED ON THE TWO WARRANTS OUT OF EL PASO COUNTY. NO INJURIES WERE OBSERVED ON FELIPE GONZALES EXCEPT FOR THE SCRATCH TO HIS CHEEK AND FOREHEAD. FELIPE GONZALES HAD EARLIER REFUSED MEDICAL ASSISTANCE TO HIS SCRATCH ON HIS CHEEK AND FOREHEAD. WHILE INTERVIEWING FELIPE GONZALES WITH REGARD TO THE BONDING INFORMATION SHEET, HE WAS ASKED A SECOND TIME IF HE REQUIRED MEDICAL ASSISTANCE FOR THE INJURY TO HIS CHEEK AND FOREHEAD. AGAIN, FELIPE GONZALES REFUSED MEDICAL ASSISTANCE. THIS IS THE END OF THIS REPORT + Report Approved By: WCOO13 RUSCH, HENRY E PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:45 WC9804878 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-4878 Crime/Incident: 3RD DEG ASSAULT N/C: ASLTS F/M: M Addl Offense F/M: Date reported : 110198 Time Rpt: 2345 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 110198 F/T: 2330 ILoc: 33131 HY 85 City: LUCERNE IT/Date: 110198 T/T: 2330 Case status: CLEARED IDEP: WC0145 LAEGER, CLINTON ---- CASE STATUS AND MISC DATA -- IDrugs/Alcohol: Y Domestic Viol: Evidence/Photos: I ITot Prop Stolen: Prop Rcvd: Prop Damg: IForce: Y Attempted or Completed: C I (Extent Injuries: SCRATCH BLEEDING ACROSS CHEST, 2 1/2 INCHES IN LENGTHI ****************************DATA FOR PERSON INVOLVED AS A: VICTIM *** *Name: MORENO, VIVIAN DOB: * *Addy: 2459 ASH AV Phone: 3538691 H/B: H *City: GREELEY St: CO Zip: 80631 OLN: OLS: * *Sex: F Rao: H Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: PORTER INDUSTRIES BusTX: 3562034 * * LOVELAND *. *Addl Desc Info: * *. * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITED *• t. *Name: PACHECO, NORA ANCELMA DOB: * *Addr: 115 14TH AV #1A Phone: H/B: * *City: GREELEY St: CO Zip: 80631 OLN: 951071818 OLS: CO* *Sex: F Rao: H Eth: H Hgt: 503 Wgt: 155 Hai: BRO Eye: BRO SS: * *Occupation: UNEMPLOYED Bus Addr: BusTX: -* CITE/LOCATION/VEHICLE INFORMATION --- + *Cite#: WC17496 Date/Time: 1101982330 DR: 9804878 OFF: WC0145 *Location: 33131 HY 85 Accident: N *Lic Number: Lic ST: Lic Yr: VIN: *V-yr: V -make: V -model: V -style: V -color: *Court Date: 010798 Court Time: 0900 *VIOL -1: 183204 *VIOL -2: *VIOL -3: 11/I0L-4: 3RD DEGREE ASSAULT BOOKING DETAILS * *Sc/Mrk/TT: *Charge: 18320.4 State of Birth: GPD PKG No: 3RD DEGREE ASSAULT PTXT PAGE NO.0002 WC0022 *F/M: M Is There Addl *DUI BAL: BOOK NO: +Arresting OFF: WC0145 *: CRM : CITE : BOOK ST53 12-02-1999 02:45 WC9804878 Chgs: N Booking Date/Time : 1102980034 Warrant #: W/ORI: LAEGER, CLINTON +---- SYNOPSIS OR NARRATIVE : NIGHT TIME HOURS, RURAL BAR SETTING, SUSPECT FOLLOWS VICTIM INTO BATHROOM AND ASSAULTS HER. +---- NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: COPY OF SUMMONS WC17496 (ITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: + OFFICERS ON SCENE AT INCIDENT WC0037 CLARK, CHARLES E WC0035 CHRISMAN, JOHN NARRATIVE/FACTS: ON 11/1/98, AT APPROXIMATELY 2345 HOURS, I WAS REQUESTED BY MANAGER CHARLIE CLARK TO RESPOND TO CLUB ROMANCE, TO TAKE AN ASSAULT REPORT. UPON ARRIVAL, I CONTACTED VICTIM MORENO, WHO STATED THAT SUSPECT NORA PACHECO HAD BEEN IN A FIGHT WITH HER COUSIN APPROXIMATELY ONE MONTH AGO AND HAD BEEN FOLLOWING HER AROUND AT DIFFERENT AREAS FOR THE LAST MONTH TRYING TO GET HER TO FIGHT. VIVIAN STATED THAT SHE IS A REGULAR TO CLUB ROMANCE, HOWEVER, THE SUSPECT JUST COMES UP THERE ON OCCASION AND TONIGHT WHEN SHE CAME IN WAS TRYING TO PICK A FIGHT WITH MORENO. VIVIAN STATED SHE TOLD HER SHE DID NOT WANT TO FIGHT, SHE WAS JUST UP THERE TO HAVE FUN AND THEN WHEN SHE WALKED INTO THE RESTROOM, PACHECO FOLLOWED HER IN AND STARTED PUNCHING AT HER. SHE SAID THEN THAT PACHECO SCRATCHED HER ACROSS THE CHEST AND SHE SHOWED ME A SCRATCH ON HER CHEST, IN THE CENTER, THAT RAN CROSS WAYS AND WAS APPROXIMATELY TWO AND ONE HALF INCHES IN LENGTH. IT WAS BRIGHT RED. SHE SAID THAT IT WAS CAUSING A STINGING PAIN. I THEN SPOKE WITH DEPUTY JOHN CRISMAN, WHO WAS INTERVIEWING WITNESSES AT WHICH TINE HE ADVISED ME THAT THE WITNESSES STATEMENTS MATCHED UP WITH THE VICTIM'S STATEMENTS. I THEN ISSUED PACHECO A SUMMONS FOR THIRD DEGREE ASSAULT AND SHE WAS ADVISED THAT SHE WAS TO LEAVE THE AREA AND NOT TO RETURN FOR THE REST OF THE NIGHT. NO FURTHER ACTION TAKEN EY THIS OFFICER. PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 02:45 WC9804878 THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 02:45 WC9804878 1 (WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC98-4878 Supp Date: 110398 Time: 0030 DEP: WC0035 CHRISMAN, JOHN Crime/Incident: 3RD DEG ASSAULT Case status: CLEARED Victim Name: MORENO, VIVIAN Connecting case numbers: Original Date Reported: 110298 *:**********************:k***DATA FOR PERSON INVOLVED AS A: WITNESS *Name: PENA, MANUELA DOB: *Addr: 2156 30TH ST #813 Phone: 30413'22 H/B: *City: GREELEY St: CO Zip: 80631 OLN: OLS: *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: * *Addl Desc Info: ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *Name: GRAYS, LYNN DOB: *Addr: 3716 WHITNEY WY Phone: 5060389 H/B: *City: EVANS St: CO Zip: OLN: OLS: *Sex: F Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: *Addl Desc Info: * NARRATIVE/FACTS: I RESPONDED TO THE CLUB ROMANCE TO ASSIST DEPUTY LAEGER ON AN ASSAULT. ON ARRIVAL, DEPUTY LAEGER REQUESTED I CONTACT WITNESSES TO A FIGHT THAT HAD OCCURRED IN THE WOMEN'S RESTROOM AT THE CLUB ROMANCE. I CONTACTED MANUELA PENA WHO ADVISED THAT SHE WAS IN THE RESTROOM WITH VIVIAN MORAN WHEN A FEMALE BY THE NAME OF NORA CAME UP TO VIVIAN, STATED "WHAT THE FUCK WERE YOU TELLING ESTELLA?" SHE STATED AT THIS TIME THEN SHE SAW NORA HIT VIVIAN. MANUELA STATED AT THIS TIME, SHE LEFT THE RESTROOM TO GO TELL THE BARTENDER WHAT WAS GOING ON. * 1 THEN CONTACTED LYNN GRAYS WHO ADVISED SHE WAS ALSO IN THE PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 02:45 WC9804878 1 RESTROOM WHEN SHE SAW NORA SAY SOMETHING TO VIVIAN AND THEN HIT VIVIAN FROM BEHIND. SHE STATED AT THIS TIME THEN BOTH PARTIES STARTED FIGHTING, PULLING AT EACH OTHER'S HAIR. SHE STATED THAT A FRIEND OF NORA'S ATTEMPTED TO JUMP ON THE BACK OF VIVIAN BUT SEVERAL OTHER PARTIES HELD HER BACK, KEEPING HER FROM GETTING INVOLVED IN THE FIGHT. WHILE ON SCENE, I DID OBSERVE THE VICTIM AND I OBSERVED A SCRATCH ACROSS THE UPPER PART OF HER CHEST. NO FURTHER ACTION TAKEN. THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:47 WC9805086 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5086 Crime/Incident: HARASSMENT/PHYS TOUCH N/C: HARASS F/M: M Addl Offense F/M: Date reported : 111498 Time Rpt: 2301 Clearing case #: Connecting cases: WC98-5088 + INCIDENT DATE -TIME -AND LOCATION IF/Date: 111498 F/T: 2230 ILoc: 33131 HY 85 IT/Date: 111498 T/T: 2300 Case status: CLEARED IDEP: WC0022 JOHNSON, MARK R (Drugs/Alcohol: Y ITot Prop Stolen: IForce: (Extent Injuries: City: LUCERNE CASE STATUS 4ND MISC DATA----_.-._ Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: C ****************************DATA FOR PERSON INVOLVED AS A: VIC *Name: DORSEY, MELISSA DOB: *Addr: 2626 1ST ST #287 Phone: 3534438 *City: GREELEY St: CO Zip: 80631 OLN: *Sex: F Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: STUDENT Bus Addr: PLATTE VALLEY HIGH BusTX: * *Addl Desc Info: ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: CERVANTES, CHERI DOB: *Addr: 2734 22ND SD Phone: 3303665 *City: GREELEY St: CO Zip: 80631 OLN: *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: *Occupation: STUDENT Bus Addr: GREELEY WEST HIGH * *Addl Desc Info: SS: BusTX: *** H/B: H * OLS: a A * * H/B: OLS: *Location: 33131 HY 85 *Lic Number: Lie ST: Lie Yr: VIN: *V-yr: V -make: V -model: V -style: *Court Date: 120798 Court Time: 0900 *VIOL -1: 189111 HARASSMENT *VI0L-2: .rVIOL-3: +VIOL -4: BOOKING DETAILS PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:47 WC9805086 ****************************DATA FOR PERSON INVOLVED AS A: WIT *** -* *Name: MONTOYA, ROBERT DOB: f *Addy: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 4995 LOWELL BLVD BusTX: 3034337777* * GUARD DENVER, 80221 * *Addl Desc Info: * * * ********-**-** *-***.*.*** *******DATA FOR PERSON INVOLVED AS A: WIT *** *Name: MOLL, MATT l)OB: * *Addr: Phone: H/B: ,* *City: St: Zip: OLN: OLS: *Sex: M Rac: W Eth: Hat: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 4995 LOWELL BLVD BusTX: 3034337777* * GUARD DENVER, 80221 * *Addl Desc Info: * * * ****************************DATA FOR PERSON INVOLVED AS A: WIT *;*'* *Name: IGUADO, JOEL DOB: •* *Addr: 206 MARGORIE Phone: 5875840 H/B: H '* *City: MILLIKEN St: CO Zip: 80543 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: MASON WKR Bus Addr: MORGAN MASONRY BusTX: * * COMMERCE CITY * *Addl Desc Info: * * :* *'*.***'**'*CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CRM *'*.*.* *Name: YBARRA, JESSE OMAR DOB: * *Addr: 715 N 7TH CT Phone: 5872579 H/B: H * *City: JOHNSTOWN St: CO Zip: 80534 OLN: 950450510 OLS: CO* *Sex: M Rae: W Eth: Hgt: 509 Wgt: 170 Hai: BRO Eye: GRN SS: * *Occupation: MASON Bus Addr: EBERLEIN MASONRY BusTX: 6519578 .* * CITE/LOCATION/VEHICLE INFORMATION + *Cite##: WC15991 Date/Time: 1114982250 DR: WC985086 OFF: WC0022 Accident: V -color: 'BSc/Irk/TT: *j T �ha 3: ge : i 9111. HARASSMENT �. State of Birth: GPD PKG No: PTT PAGE NO.0003 WC0022 *F/M: Is There Addl *DUI BAL: BOOK NO: *Arresting OFF: WC0022 * : CRM : CITE : BOOK ST53 12-02-1999 U2:47 WC988U5086 Chgs: N Booking Date/Time : 1114982300 Warrant #: W/ORI: JOHNSON, MARK R + -- --SYNOPSSIS OR NARRATIVE : RURAL BAR, NIGHTTIME, ALCOHOL INVOLVED, SUSPECT TOUCHED VICTIM INAPPROPRIATELY, VICTIM SCARED. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: COPY OF SUMMONS WC15991 (ITEM NO: DESC: IITEM NO: DESC: (ITEM NO: DESC: + -OFFICERS ON SCENE AT INCIDENT WC0024 FRANKS, JAMES R NARRATIVE/FACTS: MELISSA DORSEY ADVISED THAT SHE HAD GONE TO THE CLUB ROMANCE BAR WITH HER SISTER, CARIE DORSEY, AND A FRIEND, CHERI CERVANTES. MELISSA ADVISED THAT SHE WAS SITTING WITH HER FRIEND, CHERI, WHEN AN UNKNOWN MALE PARTY, LATER IDENTIFIED AS JESSE YBARRA, CAME OVER AND STARTED TALKING TO HER. MELISSA SAID JESSE KEPT ASKING HER TO GO DANCE, AND SHE KEPT REFUSING TO GO OUT AND DANCE WITH HIM. SHE SAID HE THEN GRABBED HER ARM, ALSO TRIED TO STICK HIS HAND UP THE BOTTOM OF HER DRESS BY HER LEG, AND ALSO TRIED TO STICK HIS HAND IN HER DRESS BY THE RIGHT SIDE OF HER CHEST. MELISSA SAID HE DID NOT TOUCH HER ON ANY PRIVATE PARTS, AND SHE DID STATE SHE WAS SCARED OF HIS ACTIONS. MELISSA SAID SHE GOT THE ATTENTION OF A SECURITY GUARD AND ASKED HIM TO REMOVE JESSE FROM HER. CHERI CERVANTES ADVISED THAT SHE WAS SITTING WITH MELISSA WHEN THIS GUY STARTED COMING OVER AND ASKING MELISSA TO DANCE. SHE DID SEE THIS MALE PARTY GRAB MELISSA BY THE ARM, AND SHE COULD TELL THAT MELISSA WAS UPSET WITH THIS PARTY, AS MELISSA WAS KICKING HER LEG TRYING TO GET HER ATTENTION AND WAS SCOOTING OVER TOWARD HER TO PUT SOME DISTANCE BETWEEN HER AND THIS MALE PARTY. SECURITY GUARD ROBERT MONTOYA ADVISED HE DID NOT SEE ANY OF THE GRABBING OR PHYSICAL CONTACT BETWEEN THE SUSPECT AND MELISSA. HE WAS FIRST AWARE THEkE WAS A PROBLEM WHEN THE GIRLS ASKED HIM TO REMOVE THIS PARTY FROM THEM, AND HE THEN ESCORTED THE SUSPECT PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 02:47 WC9805086 OUTSIDE. ROBERT ADVISED THAT THE SUSPECT GAVE HIM A LOT OF GRIEF, SAYING IT WASN'T FAIR THAT HE IS FUCKING A 17 -YEAR -OLD. ROBERT FURTHER ADVISED ONCE THEY GOT OUTSIDE, AN ACQUAINTANCE OF THE SUSPECT'S STARTED TO INTERFERE WITH THEM, AND HE HAD TO SECURE THEM BOTH IN HANDCUFFS TO KEEP THE PIECE. SECURITY GUARD MATT MOLL ADVISED HE WAS UNAWARE OF THE TOUCHING INCIDENT INSIDE THE BAR. HE FIRST GOT INVOLVED WHEN SECURITY GUARD MONTOYA WAS ESCORTING THE SUSPECT OUTSIDE THE BAR. ONCE THEY WERE OUTSIDE, THE SUSPECT'S FRIEND, JOEL IGUADO, INTERFERED. HE ADVISED AT THAT TIME THEY SECURED BOTH PARTIES UNTIL OUR ARRIVAL. JESSE YBARRA, AFTER MIRANDA, ADVISED HE HAD JUST BEEN TALKING TO THIS GIRL, ASKING HER TO DANCE, AND HE DID NOT TOUCH HER IN ANY WAY. HE SAID THE NEXT THING HE KNEW, THE SECURITY GUARDS WERE HAULING OUTSIDE AND TREATING HIM UNFAIRLY. HE DENIED TOUCHING MELISSA IN EITHER A SEXUAL WAY OR ANY PHYSICAL CONTACT WHATSOEVER. DEPUTY FRANKS AND I RESPONDED TO THE CLUB ROMANCE ON A REPORT OF A DISTURBANCE. UPON MY ARRIVAL, I CONTACTED THE SECURITY GUARDS OUTSIDE THE BUSINESS, AND THEY HAD BOTH JESSE YBARRA AND JOEL IGUADO HANDCUFFED AND SITTING ON THE WALL OUTSIDE THE BAR. I OBTAINED BRIEF VERBAL STATEMENTS FROM THE TWO SECURITY GUARDS, AND THEY POINTED OUT THAT THE GIRL IN QUESTION WAS GETTING IN A CAR TO LEAVE. SECURITY GUARD MATT MOLL WENT AND TRACKED HER DOWN AND BROUGHT MELISSA DORSEY BACK TO ME SO I COULD OBTAIN HER STATEMENT. I DID OBTAIN HER STATEMENT, AS WELL AS HER FRIEND'S, AND I ALSO TALKED TO HER SISTER, CARIE; HOWEVER, CARIE WAS DANCING AT THE TIME AND DIDN'T SEE ANY OF THE INCIDENT. AFTER TALKING TO THE GIRLS, I TOOK JESSE AROUND THE CORNER, MIRANDIZED HIM AND, AT THAT TIME, OBTAINED HIS STATEMENT. I THEN ADVISED HIM I WAS GOING TO BE ISSUING HIM A SUMMONS FOR HARASSMENT, AND HE ASKED IF I WOULD CALL SOMEONE TO COME GET HIM BECAUSE HE DIDN'T WANT TO DRIVE, AS HE HAD BEEN DRINKING. I TOOK JESSE TO MY SQUAD CAR, WHERE I CALLED HIS PARENTS, AND THEY CAME TO GET JESSE AND JOEL. I DID ISSUE A SUMMONS TO JESSE FOR HARASSMENT. I ALSO TOOK A SECONDARY REPORT, CONNECTING CASE 98-5088, FOR A LOST WALLET BELONGING TO JOEL IGUADO, AS JOEL ADVISED HIS WALLET CAME UP MISSING AFTER THE DISTURBANCE WITH THE GUARDS. JOEL IGUADO SPOKE VERY LIMITED ENGLISH AND NO STATEMENT WAS TAKEN FROM HIM, OTHER THAN HE JUST WAS TRYING TO HELP HIS FRIEND OUT WITH THE GUARDS WHEN THEY HANDCUFFED HIM, AS WELL. + + THIS IS THE END OF THIS REPORT PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:48 WC9805088 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5088 Crime/Incident: LOST PROPERTY N/C: LOSTP F/M: Addl Offense F/M: Date reported : 111698 Time Rpt: 0005 Clearing case #: Connecting cases: WC98-5086 INCIDENT DATE -TIME -AND LOCATION F/Date: 111498 F/T: 2255 Loc: 33131 HY 85 T/Date: 111498 T/T: 2300 Case status: CLEARED DEP: WC0022 JOHNSON, MARK R (Drugs/Alcohol: ITot Prop Stolen: IForce: (Extent Injuries: City: LUCERNE CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: ***********:*:*: t **:.*:*:;F **.4.**:****DATA FOR PERSON *Name: IGUADO, JOEL DOB: *Addy: 206 MARGORIE *City: MILLIKEN St: CO Zip: 80543 OLN: *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: *Occupation: MASON Bus Addr: MORGAN MASONRY BusTX: * COMMERCE CITY *Addl Desc Into: * INVOLVED AS A: REP Phone: 5875840 H/B: OLS: SS. ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: LOTSPEICH, GREGG DOB: *Addy: Phone: *City: St: Zip: OLN: *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: *Occupation: SECURITY Bus Addr: 4995 LOWELL BLVD * GUARD DENVER, 80221 *Addl Desc Info: * NARRATIVE/FACTS: H/B: OLS: **4 SS: k BusTX: 3034337777* * JOEL IGUADO ADVISED THAT HE WAS INVOLVED IN A DISTURBANCE AT THE CLUB ROMANCE DURING WHICH HE WAS HANDCUFFED BY SECURITY. HE STATED THAT A SECURITY GUARD TOOK HIS WALLET OUT OF HIS POCKET AND PUT IT BACK IN HIS POCKET AT WHICH TIME IT SUBSEQUENTLY DISAPPEARED. •k + INCIDENT DATE -TIME -AND LOCATION IF/Date: 111698 F/T: 0139 ILoc: 33131 HY 85 IT/Date: 111698 T/T: 0200 Case status: OPEN IDEP: WC0022 JOHNSON, MARK R IDrugs/Alcohol: 'Tot Prop Stolen: 'Force: 'Extent Injuries: PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:59 WC9805103 + (WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5103 I I I 'Crime/Incident: 911 HANG UP N/C: MISC F/M: I 'Add! Offense F/M: (Date reported : 111698 Time Rpt: 0139 Clearing case #: I 'Connecting cases: I 1 + City: LUCERNE CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: ****************************DATA FOR *Name: REFUSED *Addr: *City: St: Zip: *Sex: Rac: Eth: Hgt: Wgt: *Occupation: Bus Addr: *Addl Desc Info: * NARRATIVE/FACTS: PERSON INVOLVED AS A: REP DOB: Phone: OLN: Hai: Eye: SS: BusTX: H/B: OLS: I RESPONDED TO THE CLUB ROMANCE ON A REPORTED 911 HANG UP FROM A PAY PHONE IN THE BAR. WHILE EN ROUTE I HAD DISPATCH CONTACT THE BAR TO SEE IF THERE WAS A PROBLEM AND THEY ADVISED THERE WAS NOT. UPON MY ARRIVAL, I WENT INTO THE BAR AND CHECKED AROUND AND FOUND NO PROBLEMS. I DID GO TO THE PAY PHONE IN QUESTION WHICH WAS LOCATED RIGHT TO THE EAST OF THE BAR AND THERE WAS NO ONE AROUND. THE BARTENDER ADVISED THAT HE HAD ONLY NOTICED SOME PEOPLE CALLING FOR A CAB AND THERE WERE NO PROBLEMS INSIDE THE BAR AT ALL. I DID CHECK THE OTHER TWO PAY PHONES ASSOCIATED WITH THE LUCKY STAR WHICH ARE LOCATED IN THE ENCLOSED WALKWAY AT THE ENTRANCE TO THE RESTAURANT AND THOSE PHONES WERE OKAY AND NO SIGN OF A PROBLEM THERE EITHER. PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:59 W09805103 THIS IS THE END OF THIS REPORT Report Approved By: W00013 RUSCH, HENRY E PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 02:59 WC9805104 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5104 Crime/Incident: CRIMINAL MISCHIEF N/C: VANDAL F/M: F Addl Offense F/M: Date reported : 111698 Time Rpt: 0322 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 111698 F/T: 0140 1Loc: 33131 HY 85 City: LUCERNE IT/Date: 111698 T/T: 0155 Case status: OPEN IDEP: WC0022 JOHNSON, MARK R IDrugs/Alcohol: ITot Prop Stolen: IForce: Y 'Extent Injuries: CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Y Prop Revd: Prop Damg: 1500 Attempted or Completed: C ****************************DATA FOR PERSON INVOLVED AS A: VIC *Name: VICENTE, RAFAEL DOB: *Addr: 1744 7TH AV #2 Phone: *City: GREELEY St: CO Zip: 80631 OLN: *Sex: M Rae: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: SANITATION Bus Addr: MONFORT PACKING * *Addl Desc Info: k H/B: OLS: BusTX: 3514800 ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: LOPEZ, JESUS DOB: *Addr: 1744 7TH AV #2 Phone: {City: GREELEY St: CO Zip: 80631 OLN: *Sex: Ni Rae: H Eth: H Hgt: Wgt: Hai: Eye: *Occupation: FABRICATION Bus Addr: MONFORT PACKING *. Addl Desc Info: +- H/B: OLS: SS. BusTX: 3510800 PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 02:59 WC98U5104 ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: VICENTE, JUAN DOB: *Addy: 1744 7TH AV #2 Phone: H/B: *City: GREELEY St: CO Zip: 80631 OLN: OLS: *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: FABRICATION Bus Addr: MONFORT PACKING BusTX: 3510800 * *Addl Desc Info: * *'**************************DATA FOR PERSON INVOLVED AS A: SUS *Name: UNKNOWN DOB: *Addr: Phone: *City: St: Zip: OI,N: *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: * *Addl Desc Info: HISPANIC MALE, 20-25 YEARS OF ACE, FAT + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT !ITEM NO: 1 DESC: EVIDENCE SHEET S89005 !ITEM NO: 2 DESC: PHOTOGRAPHER INFO !ITEM NO: DESC: (ITEM NO: DESC: }--' -PROPERTY DAMAGE INFORMATION -- Owner Name: VICENTE, RAFAEL ITEM QUAN PROPERTY DAMAGED/DESCRIPTION OF DAMAGE : 1 : 1 : LEFT REAR DOOR ON 95 HONDA CIVIC H/B: OLS: 1 + ----PROPERTY THAT IS INVOLVED AS: EVD [Date: 111698 Item#: 1 Tag#: Store at: IBra: Mod: Ser: 1Desr.: J Pieces: 1 OFF : iVal: Cat: X Art: FILM Mak: T -Cat: Cal: iOAN: Rcvd-Date: R -Val: VALUE : 1500 -- + PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 02:59 WC9805104 + DATA REGARDING A VEHICLE INVOLVED AS A: VIC (Date: 111698 Lic: H1Z3901 LIS: CO LIY: 99 LIT: PC IVyr : 95 Vma: HOND Vmo: CIV Vst: 4D Vco: BLK Val: IVIN: Stored: OFF: ITow: Type: Cond: #Occ: lIgn locked: Doors locked: Key in car: Paymts curr: Weapons: *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: OWN *Name: VICENTE, RAFAEL DOB: Sex: Rac: *Addr: Phone: H/B: *City: St: Zip: *OLN: OLS: + DATA REGARDING A VEHICLE INVOLVED AS A: SUS ----+ (Date: 111698 Lic: LIS: LIY: LIT: I IVyr : 95 Vma: JEEP Vmo: TK Vst: LL Vco: BLK Val: I IVIN: Stored: OFF: I ITow: Type: Cond: #0cc: llgn locked: Doors locked: Key in car: Paymts curr: Weapons: I *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: ***:K *Name: DOB: Sex: Rac: ,k KAddr: Phone: H/B: * `City: St: Zip: * *OLN: OLS: * + OFFICERS ON SCENE AT INCIDENT + GP0229 2 9 JONES, MARK WCO219 SHANNON, PAUL NARRATIVE/FACTS: RAFAEL VICENTE ADVISED THAT HE AND TWO FRIENDS, JESUS LOPEZ AND JUAN VICENTE, HAD GONE UP TO THE CLUB ROMANCE TO PICK UP A FRIEND. HE ADVISED THE FRIEND WAS NOT THERE AND AS HE WAS SLOWLY DRIVING THROUGH THE PARKING LOT, HE SAW A BLACK JEEP PARKED. AS HE GOT IN FRONT OF THE JEEP, THE JEEP ACCELERATED INTO HIS CAR ON PURPOSE AND HIT HIS LEFT REAR DOOR. RAFAEL SAID HE LOOKED BACK AND THE DRIVER WAS LAUGHING AT HIM. HE FURTHER STATED THAT HE HAD NEVER SEEN THIS PERSON OR VEHICLE BEFORE AND HAD HAD NO PROBLEMS WITH ANYBODY. RAFAEL SAID THE JEEP THEN TOOK OFF AND WENT SOUTH ON HIGHWAY 85. RAFAEL FURTHER DESCRIBED THE DRIVER OF THE VEHICLE AS A FAT HISPANIC MALE APPROXIMATELY 20 TO 25 YEARS OF AGE. HE SAID THERE WERE ALSO THREE OR FOUR OTHER PEOPLE IN THE VEHICLE, BUT HE COULD NOT DESCRIBE THEM. RAFAEL WAS CERTAIN THAT THIS WAS DONE INTENTIONALLY AND WAS NOT AN ACCIDENT. JESUS LOPEZ ADVISED THAT HE WAS IN THE BACK SEAT OF RAF AEL' S CAR WHEN THE JEEP RAN INTO IT. HE WAS NOT HURT NOR WAS ANYONE ELSE IN PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 02:59 WC9805104 THE VEHICLE. I WAS UP AT THE CLUB ROMANCE ON A 911 HANG UP CALL FROM THE INSIDE PAY PHONE WHEN A SECURITY GUARD AT THE CLUB ADVISED ME THERE HAD BEEN AN ACCIDENT IN THE PARKING LOT. I WENT WITH THE SECURITY GUARD AND CONTACTED RAFAEL VICENTE WHO AT THAT TIME ADVISED THROUGH THE SECURITY GUARD THAT HE HAD BEEN STRUCK BY A BLACK JEEP THAT HAD GONE SOUTH ON HIGHWAY 85. AT THAT TIME THERE WAS NO MENTION OF THIS BEING AN INTENTIONAL ACT. I DID CHECK WITH STATE PATROL TO SEE IF THEY HAD A TROOPER IN THE AREA AND THEY ADVISED THEY DID NOT AND THAT RAFAEL COULD MAKE A COUNTY REPORT TOMORROW. AT APPROXIMATELY 3:20, I WAS ADVISED BY DISPATCH THAT RAFAEL VICENTE WAS IN CONTACT WITH OFFICER JONES OF THE POLICE DEPARTMENT. AT THAT TIME OFFICER JONES WAS UNDER THE IMPRESSION THAT THIS IS AN INTENTIONAL ACT. I DID MEET WITH HIM OVER AT THE SEVEN ELEVEN ON 16TH STREET AND 9TH AVENUE AT WHICH TIME OFFICER JONES ADVISED RAFAEL TOLD HIM THE DRIVER OF THE BLACK JEEP HAD RUN INTO HIM INTENTIONALLY. I THEN GOT A HOLD OF OFFICER PAUL SHANNON AT THE JAIL AS HE SPEAKS SPANISH AND HAD HIM TALK TO RAFAEL ON THE PHONE. RAFAEL'S STATEMENT WAS OBTAINED THAT WAY AND OFFICER SHANNON ADVISED RAFAEL IS CERTAIN THAT THE PERSON DID THIS ON PURPOSE AS HE ACCELERATED INTO HIM AND WAS LAUGHING AT HIM. I DID BRING RAFAEL AND HIS VEHICLE OVER TO THE SHERIFF'S OFFICE FOR PHOTOGRAPHS OF DAMAGE TO THE CAR. DAMAGE IS CONFINED TO THE LEFT REAR PASSENGER DOOR. IT APPEARS, THOUGH, THE RIGHT FRONT OF THE JEEP STRUCK THE VEHICLE. THERE WAS A SIGNIFICANT DENT, 17 INCHES ABOVE THE GROUND TO 22 1/2 INCHES ABOVE THE GROUND AND APPROXIMATELY ONE INCH WIDE. THERE IS ANOTHER MARK DIRECTLY ABOVE THAT WITH A BASE OF 32 INCHES ABOVE THE GROUND AND MAXED OUT AT 34 INCHES ABOVE THE GROUND. I PROVIDED RAFAEL WITH THE CASE NUMBER AND ADVISED HIM TO GIVE THAT NUMBER TO HIS INSURANCE AGENT. I ALSO ADVISED RAFAEL THAT IF HE SEES THE JEEP AROUND TO GET A LICENSE PLATE AND NOTIFY ME. I FURTHER TOLD HIM THAT I'D GO BACK TO THE CLUB ROMANCE NEXT WEEKEND AND SEE IF THE JEEP WAS BACK AND ATTEMPT CONTACT WITH THE OWNER AT THAT TIME. REQUEST THIS CASE BACK FOR FOLLOW UP. -+ THIS 1S THE END OF THIS REPORT Report Approved By: WCO013 RUSCH, HENRY E PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 02:59 WC9805104 1 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT* : 1 FOR CASE* : WC98--5104 Supp Date: 111798 Time: 1300 DEP: WC0022 JOHNSON, MARK R Crime/Incident: CRIMINAL Original Date Reported: 111698 MISCHIEF Case status: OPEN Victim Name: VICENTE, RAFAEL Connecting case numbers: NARRATIVE/FACTS: ON THIS DATE AT APPROXIMATELY 0930, I WENT TO VICTIM RAFAEL VICENTE'S HOUSE. I CONTACTED RAFAEL AND ASKED HIM IF HE HAD A CHANCE TO GET ANY ESTIMATES ON THE DAMAGE TO HIS CAR. HE SAID HE HAD NOT AS YET. I TOLD HIM THAT WHEN HE GOT THOSE ESTIMATES, I WOULD NEED THEM FOR MY REPORT. I ALSO ADVISED HIM THAT I WAS GOING TO RE-EXAMINE HIS CAR, WHICH WAS PARKED IN FRONT OF HIS HOUSE, AND TAKE PAINT SCRAPINGS IF THERE WAS ANY TRANSFER PAINT VISIBLE, AND ALSO TAKE STANDARDS FROM HIS CAR PAINT. I DID EXAMINE THE CAR IN THE DAYLIGHT AND SAW NO PAINT TRANSFER. I DID TAKE STANDARD SAMPLES FROM HIS PAINT AT THE POINT OF IMPACT. I WILL HOLD ONTO THAT AND SEE IF WE CAN'T LOCATE THE BLACK JEEP IN THIS NEXT UPCOMING WEEKEND UP AT THE CLUB ROMANCE. + THIS IS THE END OF THIS REPORT Report Approved By: WCUO13 RUSCH, HENRY E PTXT PAGE NO.0006 WC0022 ST53 12-02-1999 02:59 WC9805104 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 2 FOR CASE# : WC98-5104 Supp Date: 112498 Time: 0540 DEP: WC0022 JOHNSON, MARK R Crime/Incident: CRIMINAL Original Date Reported: 111698 MISCHIEF Case status: INACTIVATED Victim Name: VICENTE, RAFAEL Connecting case numbers: } NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: EVD SHEET S75650 (ITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: + PROPERTY THAT IS INVOLVED AS: !Date: 112498 Item#: 1 Tag#: S75650 Store at: IBra: Mod: Ser: iDesc: PAINT STANDARD VIC VEH IVal: Cat: X Art: MISC Mak: LOAN: Rcvd-Date: NARRATIVE/FACTS: EVD Pieces: 1 OFF : WC0022 T -Cat: Cal: R -Val: ON 11-17-98, I CONTACTED THE VICTIM, RAFAEL VICENTE, AT HIS RESIDENCE AT THIS TIME, I TOLD RAFAEL I WOULD NEED AN ESTIMATE FROM A BODY SHOP AS FAR AS THE TOTAL DAMAGE AMOUNT TO HIS CAR. HE ADVISED HE WOULD BE TAKING CARE OF THAT THIS WEEK. AT THIS TIME, I TOOK PAINT SAMPLES FROM RAFAEL'S CAR. IN LOOKING AT THE CAR IN THE DAYLIGHT, NO PAINT TRANSFER WAS SEEN FROM THE SUSPECT VEHICLE. THE PAINT SAMPLE TAKEN WAS FROM THE VICTIM VEHICLE. ON THE WEEKEND OF 11-20 THROUGH 11 - CLUB ROMANCE TO LOOK FOR ANY BLACK IT RETURNED TO THAT SCENE. DEPUTY I CHECKED ON SATURDAY AND SUNDAY NI JEEPS. 22, SEVERAL ATTEMPTS WERE MADE AT THE JEEPS 1N THE PARKING LOT, TO SEE IF CHRISMAN CHECKED ON FRIDAY NIGHT AND GHT, WITH NO CONTACTS ON ANY BLACK ON THE MORNING OF 11--23-98, I CONTACTED RAFAEL VICENTE AGAIN. I ASKED RAFAEL IF HE HAD GOTTEN ANY ESTIMATES ON THE VEHICLE. HE STATED HE DID NOT HAVE ANYTHING IN WRITING, BUT THE CAR WAS GOING TO LEON'S BODY SHOP FOR REPAIRS. RAFAEL STATED LEON HAD TOLD HIM TO HAVE US CALL HIM (LEON) AND HE WOULD GIVE US THE ESTIMATE. PTXT PAGE NO.0007 WC0022 ST53 12-02-1999 02:59 WC9805104 2 RAFAEL VICENTE ADVISED IF WE WERE ABLE TO ID THE DRIVER, HE MIGHT BE ABLE TO RECOGNIZE HIM, IF HE SAW HIS PICTURE AGAIN. I ASKED DEPUTY CARLETON TO CONTACT LEON'S BODY SHOP TO GET A DAMAGE ESTIMATE. DEPUTY CARLETON ADVISED HE CONTACTED THE BODY SHOP, AND THE ESTIMATE DAMAGE TO RAFAEL VICENTE'S VEHICLE IS $932.78. I ADVISED RAFAEL VICENTE THAT PENDING NEW INFORMATION, I WOULD BE FILING THIS CASE; PENDING THE DEVELOPMENT OF THE BLACK JEEP AND/OR DRIVER. 1 THIS IS THE END OF THIS REPORT Report Approved By: WCOO18 METZGER, MICHAEL K PTXT PAGE NO.0001 WC0022 ST53 12-02-1999 03:00 WC9805125 IWELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5125 (Crime/Incident: KIDNAPPING N/C: KIDNAP F/M: F IAddi Offense : 2ND DEGREE SEX ASSAULT F/M: F (Date reported : 111698 Time Rpt: 2232 Clearing case #: !Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 111598 F/T: 0130 ILoc: 33131 HY 85 City: LUCERNE IT/Date: 111598 T/T: 0800 Case status: CLEARED IDEP: WC0022 JOHNSON, MARK R -CASE STATUS AND MISC DATA - IDrugs/Alcohol: Y Domestic Viol: Y Evidence/Photos: ITot Prop Stolen: Prop Rcvd: Prop Damg: !Force: Y Attempted or Completed: C (Extent Injuries: BUISE AROUND LEFT EYE,PAIN TO NECK ****************************DATA FOR PERSON INVOLVED AS A: VIC *Name: CHAPARRO, JESSICA DOB: *Addr: 3030 HIGH DR Phone: 3531730 'City: EVANS St: CO Zip: 80620 OLN: *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: 4 *Add' Desc Info: * **4' * H/B: H * OLS: * 4 * * ********,********************DATA FOR PERSON INVOLVED AS A: WIT *** *Name: DOMINGUEZ, GERARDO DOB: * *Addr: 314 17TH AV Phone: 3538987 H/B: H 4 *City: GREELEY St: CO Zip: 80631 OLN: OLS: *: *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: 4' *Occupation: INSPECTOR Bus Addr: STARPAK BusTX: 3465342 * 4Addl Desc Info: *_ * :* PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 03:00 WC9805125 **********************.******DATA FOR PERSON INVOLVED AS A: WIT *,** *Name: ESPINOZA, ERIC DUB: * *Addr: 00 11TH AV Phone: 3369118 H/B: H * *City: EVANS St: CO Zip: 80620 OLN: OLS: :* *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: 55: *= *Occupation: LABOR Bus Addr: STARPAK BusTX: 3465342 ., *: *Addl Desc Info: SUBJECT JUST MOVED TO EVANS AND DID NOT KNOW STREET # * * * 4 **' ,.,t.'t 4***:*****4:* **** t';t:4*DATA FOR PERSON INVOLVED AS A: WIT 4 *x *Name: LOPEZ, JUAN DUB: a. *Addr: 00 11TH AV Phone: 3360552 H/B: H * *City: GREELEY St: CO Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: LABOR Bus Addr: STARPAK BusTX: 3465342 *Addl Desc Info: SUB DID NOT KNOW APT # OR ADDRESS TO STAGE COACH APTS IN THE 300 BLOCK OF 11TH AV :t, ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: SANCHEZ, JULIA DOB: *Addr: 2040 ELLIOTT CT Phone: *City: DACONO St: CO Zip: 80514 OLN: *Sex: F Rae: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: STUDENT Bus Addr: SKYLINE HS/LONGMNT BusTX: +: 'Addl Desc Info: fi :****:****::n:r};:k:kr+:**t:*t:*******DATA FOR PERSON INVOLVED AS A: WIT :f:z* *-Name: LOMA-RUIZ, NOLBERTO DOB: =* *Addr: 509 21ST ST Phone: 3369479 H/B: H *City: GREELEY St: CO Zip: 80631 OLN: 921362779 OLS: CO* *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: LABORER Bus Addr: ET & T PALLETS BusTX: 3562046 :+ * * *Addl Desc Info: * PTXT PAGE NO.0003 WC0022 ST53 12-02-1999 03:00 W09805125 ***************.*************DATA FOR PERSON INVOLVED AS A: WIT k** *Name: LOMA-RUIZ, HILAIRO DOB: * *Addr: 509 21ST ST Phone: 3369479 H/B: H ' *City: GREELEY St: CO Zip: 80631 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: LABEROR Bus Addr: MUNSON BROTHERS BusTX: 3564700 * * *Addl Desc Info: :* * * ****************************DATA DATA FOR PERSON INVOLVED AS A: WIT *Name: APARICIO-LOMA, JOSE GAUADELUPE DOB: *Addr: 509 21ST ST Phone: 3369479 *City: GREELEY St: CO Zip: 80631 OLN: 951022832 *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: UNEMPLOYEED Bus Addr: BusTX: * *Addl Desc Info: * ****************************DATA FOR PERSON INVOLVED AS A: SUS *Name: MARTINEZ, OROZCO OSCAR DOB: *Addr: 509 21ST ST 'Phone: 3369479 *City: GREELEY St: CO Zip: 80631 OLN: *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: bus Addr: BusTX: -* *Addl Desc Info: * **********:**:*****:*;*AyA INFORMATION FOR * AKA used: CONTRAREZ, JULIO H/B: H * OLS: CO* ;* 4' * *** * H/B: H * OLS: * *. * * SUBJECT:*:***:*:*:*******:*****=******* DOB: Sex: Rac: *****************=**:*********BATA FOR PERSON INVOLVED AS A: 0TH *Name: ESPINOZA, ANNA DOB: 092162 *Addr: 3030 HIGH DR Phone: 3531730 *City: EVANS St: CO Zip: 8U620 OLN: *Sex: F Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: *Addl Desc Info: MOTHER **:* H/B : H :* OLS: * * PTXT PAGE NO.0004 WC0022 ST53 12-02-1999 03:00 WC9805125 + -SYNOPSIS OR NARRATIVE + : SUSPECT KNOWN TO VICTIM, PREVIOUS BOYFRIEND, GIRLFRIEND, PREVIOUS INTIMATE RELATIONSHIP, SUSPECT FORCED VICTIM FROM BAR, TOOK TO RESIDENCE IN GREELEY AND SEXUALLY ASSAULTED HER. + OFFICERS ON SCENE AT INCIDENT GP0052 HUBBARD, OTTO WC0306 CALDWELL, ALAN WC0092 WAGONER, PETER WCO235 HOOD, WILLIAM WC0151 LUCERO, IRENE NARRATIVE/FACTS: RESPONDED TO THE NORTH COLORADO MEDICAL CENTER AFTER OFFICER HUBBARD OF THE GREELEY POLICE DEPARTMENT HAD BEEN SENT TO A SEXUAL ASSAULT THAT WAS ALLEGED TO HAVE OCCURRED INSIDE THE CITY LIMITS OF GREELEY. CONTACTED OFFICER HUBBARD AT THE EMERGENCY ROOM AND HE ADVISED THAT HE HAD SPOKEN WITH THE VICTIM, JESSICA CHAPARRO, WHO STATED THAT AN EX -BOYFRIEND OF HERS, OSCAR MARTINEZ, HAD FORCIBLY TAKEN HER FROM THE CLUB ROMANCE PARKING LOT ON MONDAY MORNING AND DRIVEN HER TO A HOUSE IN GREELEY, WHERE HE SEXUALLY ASSAULTED HER. OFFICER HUBBARD RELATED THAT JESSICA TOLD HIM SHE'D GONE TO THE CLUB ROMANCE WITH THREE FRIENDS AND WHEN IT WAS TIME TO GO, OSCAR PHYSICALLY GRABBED HER AND PUT HER IN A TRUCK. THE FRIENDS TRIED TO STOP HIM AND OSCAR THREATENED TO HAVE HIS FRIENDS BEAT THEM UP. OFFICER HUBBARD ADVISED THAT JESSICA'S FRIENDS WERE EDUARDO DOMINGITEZ, AND HE ONLY HAD A PHONE NUMBER FOR HIM OF 353-8987, JUAN LOPEZ, AND ERIC ESPINOZA. JESSICA DID NOT KNOW WHERE JUAN AND ERIC LIVED, BUT SAID EDUARDO WOULD BE ABLE TO REACH THEM. OFFICER HUBBARD ALSO STATED THAT OSCAR WAS IN THE COMPANY OF TWO GUYS, ONE OF WHOM WAS DRIVING A BLACK PICKUP TRUCK, AND THAT'S WHAT THEY LEFT THE CLUB ROMANCE IN. WHEN THIS CALL CAME TO THE SHERIFF'S OFFICE, MANAGER METZGER CALLED INVESTIGATOR JOHNSON IN AND DEPUTY HOOD FOR FET WORK. WE ALL MET AT THE HOSPITAL, AND INVESTIGATOR JOHNSON ADVISED THAT WHEN JESSICA WAS DONE BEING EXAMINED BY HOSPITAL STAFF, HE WOULD TAKE HER TO A KID'S PLACE FOR A FORMAL INTERVIEW AT THAT TIME. AFTER JESSICA WAS EXAMINED BY DR. HUTCHISON IN THE ER, DEPUTY HOOD AND I WENT INTO THE EXAMINING ROOM WHERE DEPUTY HOOD PHOTOGRAPHED BRUISE INJURY TO JESSICA'S LEFT EYE. I DID OBSERVE THAT BRUISE AND JESSICA STATED THAT SHE DID RECEIVE THAT FROM OSCAR MARTINEZ WHEN HE HIT HER. PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 03:00 WC9805125 AFTER CLEARING THE HOSPITAL, INVESTIGATOR JOHNSON DROVE JESSICA TO THE AREA IN GREELEY WHERE THE SEXUAL ASSAULT WAS ALLEGED TO HAVE OCCURRED. SHE DID POINT OUT A HOUSE AT 509 21ST STREET AND STATED THAT WAS WHERE OSCAR LIVED AND THE ASSAULT OCCURRED IN THE BASEMENT ON A LARGE BLUE COUCH. SHE SAID THERE'S A SMALL BLUE COUCH IN THE BASEMENT LIVING ROOM WHERE THE LARGE COUCH WAS AS WELL. DEPUTY CALDWELL AND OFFICER HUBBARD AND MYSELF WENT TO THE BASEMENT APARTMENT AND AT THAT LOCATION WE CONTACTED JOSE APARICIO-LOMA, NOLBERTO LOMA-RUIZ, AND JULIA SANCHEZ. INITIALLY, NOLBERTO AND JOSE SAID THEY LIVED IN THE APARTMENT AND INVITED US IN. JULIA CAME OUT TO THE LIVING ROOM WHERE THOSE TWO HAD BEEN SLEEPING ON THE COUCHES, NOLBERTO WAS ON A SMALL BLUE COUCH, AND JOSE WAS ON A LARGER BLUE COUCH. WE ASKED IF OSCAR MARTINEZ WAS THERE, AND JULIA STATED THAT OSCAR HAD GONE TO FORT MORGAN WITH HIS GIRLFRIEND. SHE STATED SHE DID NOT KNOW WHERE IN FORT MORGAN HE WAS OR HOW LONG HE WOULD BE THERE. WHEN ASKED IF ANYONE ELSE WAS IN THE RESIDENCE, JULIA SAID HER BOYFRIEND WAS SLEEPING IN THE BEDROOM, AND NOLBERTO SAID HIS BROTHER WAS SLEEPING IN ANOTHER BEDROOM. WE THEN WENT AND CONTACTED JULIA'S BOYFRIEND, WHO WAS IN A BED ASLEEP. I WOKE HIM UP AND HE STATED HIS NAME WAS JULIO CONTRAREZ, AND INITIALLY SAID HIS BIRTHDATE WAS I ASKED HIM IF HE HAD ANY IDEA AND HE STATED HE DID NOT. I ASKED HIM AGAIN WHAT HIS BIRTHDATE WAS AND THEN DEPUTY CALDWELL ASKED HIM IN SPANISH WHAT HIS BIRTHDATE WAS AND HE AGAIN SAID HE THEN OFFERED TO WRITE DOWN THE BIRTHDATE AND WROTE DOWN JULIO CONTRAREZ HAD A CUT ON HIS CHIN AND ALSO LOOKED FAMILIAR FROM A PICTURE INVESTIGATOR JOHNSON HAD GOTTEN OUT OF THE MUG MASTER SYSTEM FOR OSCAR MARTINEZ. OFFICER HUBBARD ADVISED THAT OSCAR MARTINEZ HAD APPARENTLY CUT HIMSELF ON THE CHIN WHILE DANCING AT THE CLUB ROMANCE THE PREVIOUS NIGHT AND HAD BEEN BLEEDING. I THEN ASKED JULIO HOW HE HAD CUT HIS CHIN, AND HE STATED IT HAPPENED AT THE CLUB ROMANCE. WHILE DEPUTY CALDWELL AND MYSELF WERE IN THE BEDROOM WITH JULIO, OFFICER HUBBARD WAS SPEAKING WITH JULIA, NOLBERTO, AND JOSE, AND HE THEN CAME INTO THE BEDROOM AND TOLD US THAT THEY HAD TOLD HIM THIS WAS IN FACT OSCAR MARTINEZ. WHEN CONFRONTED WITH THIS OSCAR CONTINUED TO SAY HE WAS REALLY JULIO CONTRAREZ AND THAT WAS HIS PICTURE WE HAD BUT HE WAS NOT OSCAR MARTINEZ. OFFICER CALDWELL ASKED HIM IF HE'D BE WILLING TO GO TO THE SHERIFF'S OFFICE TO STRAIGHTEN THIS ID QUESTION OUT, AND JULIO SAID HE WOULD. I ASKED JULIO WHERE HIS CLOTHES WERE THAT BELONGED TO HIM, AND HE WENT TO THE OTHER BEDROOM AND POINTED TO A PILE OF CLOTHES ON THE FLOOR IN THE CLOSET AND SAID THOSE WERE HIS. I ASKED HIM IF HE WOULD MIND IF WE LOOKED THROUGH HIS CLOTHES, AND HE SAID HE WOULD NOT MIND. DEPUTY CALDWELL THEN TRANSPORTED JULIO TO THE SHERIFF'S OFFICE TO TRY TO DETERMINE HIS IDENTITY AND MEET WITH INVESTIGATOR JOHNSON. PTXT PAGE NO.0006 WC0022 ST53 12-02-1999 03:00 WC9805125 I THEN ASKED NOLBERTO AND JOSE IF THEY WOULD OBJECT TO US LOOKING AROUND THE APARTMENT. THEY ADVISED THEY DID NOT. I TOLD THEM WE WERE LOOKING FOR CERTAIN CLOTHING ITEMS THAT OSCAR HAD BEEN WEARING THE PREVIOUS NIGHT, AND WE ALSO WANTED TO EXAMINE THE LARGE BLUE SOFA. BOTH NOLBERTO AND JOSE SAID THAT WOULD BE FINE. DEPUTY HOOD THEN TOOK PICTURES OF THE DIRTY CLOTHES AND SOFA, AS WELL AS THE REMAINDER OF THE APARTMENT. AFTER DOING THIS, WE WENT THROUGH THE PILE OF CLOTHES IN BOTH CLOSETS AND FOUND WHAT APPEARED TO BE BLOOD STAINS ON A SHIRT, AN UNDER SHIRT, AND A PAIR OF WHITE PANTS. ACCORDING TO JESSICA, OSCAR HAD BEEN WEARING ALL WHITE THAT NIGHT AT THE CLUB ROMANCE. WE ALSO TOOK INTO EVIDENCE TWO PAIRS OF UNDERWEAR THAT WERE IN THE DIRTY CLOTHES, AS WE DID NOT KNOW WHICH UNDERWEAR MIGHT HAVE BEEN WORN BY OSCAR. DEPUTY HOOD PROCESSED THE SOFA AND WE THEN LEFT AND WENT TO THE SHERIFF'S OFFICE. AT THE SHERIFF'S OFFICE, INVESTIGATOR JOHNSON AND DEPUTY CALDWELL INTERVIEWED OSCAR MARTINEZ. I AT THAT TIME HAD DEPUTY LUCERO COME TO THE SQUAD ROOM TO CALL JESSICA'S FRIENDS AND SEE IF THEY COULD VERIFY THE STATEMENTS SHE HAD GIVEN TO INVESTIGATOR JOHNSON. WE CALLED THE PHONE NUMBER FOR EDUARDO DOMINGUEZ AND AT THAT LOCATION CONTACTED GERARDO DOMINGUEZ WHO SPOKE ENGLISH. I SPOKE WITH GERARDO AND HE STATED THAT JESSICA HAD GONE TO THE CLUB ROMANCE WITH JUAN LOPEZ AND ERIC ESPINOZA. JESSICA THEN CALLED GERARDO TO COME AND PICK THEM UP. HE SAID WHEN HE GOT THERE, JESSICA WAS OUTSIDE TALKING TO OSCAR. GERARDO SAID HE'S KNOWN OSCAR FOR ABOUT TWO MONTHS AS AN ACQUAINTANCE BUT NOT A FRIEND. HE STATED THAT OSCAR. AND JESSICA WERE ARGUING. GERARDO ASKED JESSICA IF SHE WAS GOING TO GO WITH HIM AND SHE SAID YES, AND AT THAT TIME, OSCAR GRABBED JESSICA BY THE ARM AND PUT HER IN THE TRUCK. GERARDO SAID HE THEN LEFT AND STARTED HEADING TO GREELEY. GERARDO SAID WHEN HE GOT TO THE STOP SIGN AT 11TH AVENUE AND HIGHWAY 85, OSCAR WAS RIGHT BEHIND HIM AND GOT OUT OF THE TRUCK AND CAME OVER AND STARTED HITTING HIS WINDOW. GERARDO SAID HE GOT OUT TO CONFRONT OSCAR AND HE FOUND HIMSELF SURROUNDED BY OSCAR AND ABOUT SIX FRIENDS OF OSCAR'S. HE SAID THERE WERE TWO CARS BEHIND HIM AND BOTH WERE APPARENTLY ASSOCIATED WITH OSCAR. GERARDO SAID HE TOLD THEM HE DIDN'T WANT ANYTHING AND HE LEFT, HOWEVER, GERARDO SAID AT THIS POINT, JESSICA WAS OUTSIDE THE TRUCK, AND HE ASKED HER ONE MORE TIME IF SHE WAS GOING TO GO WITH HIM. JESSICA STATED THAT SHE WANTED TO, AND AT THAT TIME OSCAR SAID, "NO, YOU'RE GOING WITH ME," AND GRABBED HER ARM AGAIN AND PUT HER BACK IN THE TRUCK. GERARDO SAID HE THEN LEFT SOUTHBOUND ON 11TH AVENUE, AND SHORTLY THEREAFTER THE TRUCK PASSED HIM AND HE FOLLOWED IT TO THE AREA OF 6TH AVENUE AND 21ST STREET, WHERE IT PULLED OVER, AND HE THEN WENT HOME. GERARDO SAID HE DID NOT SEE ANYONE GET OUT OF THE TRUCK, AND HE ALSO SAID THERE WERE POSSIBLY THREE OR FOUR PEOPLE IN THE TRUCK. GERARDO FURTHER ADVISED THAT HE DID NOT GET A LICENSE PLATE FOR THE TRUCK, BUT DESCRIBED IT AS A BLACK FORD, APPROXIMATELY 1997, AND HE 'BELIEVES IT r z HOUSE r' BELi�I�i�� BELONGS TO A OVER �,Y JERRY'S MARKET OVER ON STr. PTX1 PAGE NO.0007 WC0022 ST53 12-02-1999 03:00 WC9805125 STREET. GERARDO FURTHER ADVISED THAT HE DID NOT KNOW HOW TO GET HOLD OF JUAN LOPEZ, BUT HE DID PROVIDE A PHONE NUMBER FOR ERIC ESPINOZA, OF 336-9118. DEPUTY LUCERO THEN CALLED ERIC ESPINOZA AND SPOKE WITH HIM. DEPUTY LUCERO OBTAINED HIS PERSONAL INFORMATION AND ADVISED THAT ERIC TOLD HER THAT WHILE THEY WERE UP AT THE CLUB ROMANCE, AND ALSO ON 11TH AVENUE, JESSICA DID NOT WANT TO GO WITH OSCAR AND HE DID GRAB HER AND PUT HER IN THE TRUCK. ERIC ALSO PROVIDED DEPUTY LUCERO WITH A PHONE NUMBER FOR JUAN LOPEZ. DEPUTY LUCERO THEN CALLED JUAN LOPEZ AND OBTAINED HIS INFORMATION. DEPUTY LUCERO STATED THAT JUAN TOLD HER THE SAME AS ERIC AND GERARDO, THAT JESSICA DID NOT WANT TO GO WITH OSCAR AND OSCAR DID GRAB HER AND PUT HER IN THE TRUCK. AFTER DEPUTY CALDWELL AND INVESTIGATOR JOHNSON SPOKE WITH OSCAR, HE TOLD THEM THAT JESSICA HAD A CELL PHONE AND HER MOTHER HAD CALLED HER THREE OR FOUR TIMES WHILE THEY WERE TOGETHER. I THEN HAD DEPUTY LUCERO CALL JESSICA'S MOTHER, ANNA ESPINOZA, AND ASKED HER IF SHE HAD SPOKEN TO JESSICA WHILE THIS ASSAULT WAS OCCURRING. ANNA SAID SHE HAD NOT CALLED JESSICA BECAUSE JESSICA DID NOT HAVE A CELL PHONE. IT WAS LATER FOUND OUT FROM GERARDO DOMINGUEZ, THAT JESSICA DID HAVE A CELL PHONE, HOWEVER, IT APPARENTLY BELONGED TO A FRIEND OF HERS AND THE MOTHER WOULD NOT HAVE KNOWN JESSICA HAD IT. AFTER DEPUTIES CALDWELL AND JOHNSON FINISHED WITH OSCAR AND DURING THEIR EVIDENCE GATHERING, I WENT WITH DEPUTY CALDWELL TO THE HOSPITAL FOR A BLOOD DRAW WITH THE SUSPECT. FROM THE HOSPITAL WE WENT TO THE NORTH JAIL COMPLEX WHERE DEPUTY WAGONER TOOK PHOTOGRAPHS OF APPARENT SCRATCH MARKS TO THE LEFT SIDE OF OSCAR'S FACE AS WELL AS A CUT TO HIS CHIN. WE ALSO, AT THAT TIME, TOOK THE UNDERWEAR OSCAR WAS WEARING AND DEPUTY CALDWELL SUBSEQUENTLY BOOKED IT INTO EVIDENCE. DURING THEIR INTERVIEW EARLIER, OSCAR TOLD THEM THAT HE HAD NOT SHOWERED SINCE THE PREVIOUS NIGHT AND THE UNDERWEAR HE HAD ON AT THIS TIME WAS WHAT HE HAD BEEN WEARING LAST EVENING. AFTER BOOKING OSCAR, WE WENT TO THE EVIDENCE WHERE DEPUTY CALDWELL BOOKED IN HIS REMAINING EVIDENCE. REQUEST THIS CASE BE ASSIGNED TO INVESTIGATOR JOHNSON TO TIE UP ANY LOOSE ENDS. THIS IS THE END OF THIS REPORT PTXT PAGE NO.0009 WC0022 ST53 12-02-1999 03:00 WC9805125 : WC98-5125 Agency Case No. Defendant: MARTINEZ-OROZCO, OSCAR DOB: Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 111798 Charges Statute Class 1: KIDNAPPING - SECOND DEGREE 18.3.302 F2 2: SEXUAL ASSAULT - SECOND DEGREE 18.3.403 F4 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST of the WELD COUNTY SHERIFF'S OFFICE, being duly sworn upon oath says that there is probable cause for the warrantless arrest of the above named defendant for the charges(s) stated above, and that the following facts are true and correct to the best of his/her knowledge, information, and belief and support the arrest of the defendant: THE FOLLOWING EVENTS OCCURRED IN WELD COUNTY, COLORADO. YOUR AFFIANT HAS LEARNED THE FOLLOWING FACTS BY PERSONAL OBSERVATIONS AND/OR READING POLICE REPORTS, AND/OR TALKING WITH OTHER PERSONS. ON 111798 INVESTIGATOR VINCE JOHNSON INTERVIEWED JESSICA RUBY CHAPARRO, 16 YEARS OF AGE, WITH BIRTHDATE OF THE INTERVIEW CAME ABOUT AS THE RESULT OF A REPORTED SECOND DEGREE KIDNAP/SECOND DEGREE SEXUAL ASSAULT. THE INCIDENT INITIATED AT THE CLUB ROMANCE BAR AT 33131 HIGHWAY 85, LUCERNE, COUNTY OF WELD, STATE OF COLORADO, ON OR ABOUT 111598 AND 111x98. JESSICA CHAPARRO STATED THAT SHE USED TO DATE OSCAR MARTINEZ-OROZCO AND THEY HAD BROKEN UP ABOUT FIVE MONTHS AGO. ON SUNDAY NIGHT, 1115B, SHE AND THREE FRIENDS WERE AT THE CLUB ROMANCE BAR AT A DANCE. OSCAR WAS THERE AND THERE DID NUT SEEM TO BE A PROBLEM AT THAT TIME. WHEN THE DANCE WAS OVER, OSCAR AND A FRIEND HE WAS WITH ALMOST GOT IN A FIGHT. OSCAR WAS INTOXICATED. OSCAR DRAGGED HER TO A BLACK PICKUP AND FORCED HER INTO IT. THE DRIVER OF THE PICKUP WAS APPARENTLY AN ACQUAINTANCE OF OSCAR'S. THERE WAS ANOTHER MALE PARTY, SITTING NEXT TO THE MALE DRIVER. OSCAR FORCED HER TO SIT NEXT TO THE PASSENGER, AND HE SAT ON THE OUTSIDE BY THE DOOR. SHE STATED SHE DID NOT WANT TO GET INTO THE VEHICLE WITH HIM. THE VEHICLE THAT SHE WAS FORCED INTO FOLLOWED A VEHICLE THAT HER FRIENDS WERE IN. WHEN BOTH VEHICLES WERE AT THE STOP SIGN AT 11TH AVENUE AND HIGHWAY 85, OSCAR GOT OUT AND WENT AND CONFRONTED HER FRIENDS IN THEIR CAR. SHE GOT OUT. SHE TOLD OSCAR THAT SHE DID NOT WANT TO GO WITH HIM, THAT SHE WANTED TO GO WITH HER FRIENDS. OSCAR GRABBED HER AND FORCED HER BACK INTO THE TRUCK AGAIN. THEN THEY WERE DRIVEN TO OSCAR'S HOUSE, LATER DETERMINED TO BE 5.09 21ST STREET, GREELEY, COUNTY OF WELD, STATE PTXT PAGE NO.0010 WC0022 ST53 12-02-1999 03:00 WC9805125 1 OF COLORADO. SHE AND OSCAR WERE DROPPED OFF THERE AND THE OTHER TWO PARTIES IN THE TRUCK LEFT. JESSICA RUBY CHAPARRO STATED THAT SHE AND OSCAR WERE SITTING IN A CAMARO THAT WAS PARKED OUTSIDE THE DOOR IN THE DRIVEWAY WHERE OSCAR LIVES, AND THEY ARGUED. WHILE THEY WERE ARGUING HE ASSAULTED HER BY HITTING HER INTHE AREA OF THE LEFT EYE. SHE SHOWED INVESTIGATOR JOHNSON AN INJURY TO HER LEFT EYE WHICH WAS SWOLLEN, RED AND APPEARED TO BE BRUISING. THEINJURY WAS APPROXIMATELY A DAY OLD. SHE SAID THAT OSCAR WAS BLEEDING FROM THE CHIN SO SHE ENCOURAGED HIM TO GO IN AND CLEAN HIS BLOOD UP. SHE SAID THAT AS HE STARTED TO GO IN THE APARTMENT SHE TOOK OFF RUNNING.SHE THOUGHT SHE RAN FOR SEVERAL BLOCKS AND OSCAR CHASED HER, GRABBED HER, AND DRAGGED HER BACK TO THE APARTMENT. THIS WAS THE THIRD ATTEMPT SHE MADE TO LEAVE BUT WAS NOT ALLOWED TO. JESSICA RUBY CHAPARRO STATED THAT WHILE SHE WAS IN THE HOUSE OSCAR TOLD HER THAT HE WANTED TO HAVE SEX WITH HER ONE MORE TIME. SHE TOLD HIM THAT SHE WANTED TO GO HOME. HE TOLD HER THAT SHE COULD GO HOME AS SOON AS SHE HAD SEX WITH HIM. SHE TOLD HIM NO, THEN WITH CLOSED FISTS HE THREATENED TO HIT HER IF SHE DID NOT UNDRESS HERSELF. SHE SAID THAT HE STOOD THERE WHILE SHE UNDRESSED HERSELF. SHE SAID THAT HE THEN UNDRESSED HIMSELF AND THEY HAD SEX. JESSICA RUBY CHAPARRO MADE IT CLEAR THAT SHE DID NOT WANT TO HAVE SEX WITH OSCAR MARTINEZ AT THAT TIME. SHE DID INDICATE A HISTORY OF HAVING SEXUAL RELATIONS WITH HIM, INCLUDING WHEN SHE WAS FOURTEEN YEARS OLD AND HE WAS OVER EIGHTEEN. OSCAR MARTINEZ' BIRTHDAY IS WHICH MAKES HIM APPROXIMATELY FOUR YEARS AND ONE MONTH OLDER THAN JESSICA CHAPARRO. SHE STATED THAT THE RELATIONSHIP THEY HAD WAS CONSENSUAL AND SHE HAD SEX OVER TEN TIMES WITH HIM WHILE SHE WAS FOURTEEN. SHE COULD NOT REMEMBER EXACTLY HOW MANY IT WAS. SHE SAID SHE DATED HIM FOR TWO YEARS AND THEY HAD BROKEN UP ABOUT FIVE MONTHS AGO. INVESTIGATOR VINCENT JOHNSON AND DEPUTY ALAN CALDWELL INTERVIEWED OSCAR MARTINEZ AT THE NORTH OFFICE OF THE WELD COUNTY SHERIFF'S OFFICE. HE SIGNED A CONSENT TO SEARCH FOR HIS HOUSE AND HIS MIRANDA WAIVER USING THE NAME OF JULIO CONTRERAS, WITH A DATE OF BIRTH OF DURING THE INTERVIEW HE CLAIMED NOTHING HAD HAPPENED AND THEY HAD HAD CONSENSUAL SEX. AFTER FURTHER INTERVIEW HE ADMITTED THAT HE HAD LIED TO US ABOUT HIS NAME. HE MAINTAINED THE SEX WAS CONSENSUAL AND THAT HE DID NOT FORCE JESSICA INTO THE TRUCK DEPUTY MARK JOHNSON SPOKE WITH EDDIE ESPINOSA AND GERARDO DOMINGUEZ. THEY BOTH STATED THAT THEY WERE FRIENDS OF JESSICA'S. THEY WERE THE ONES THAT OSCAR WANTED TO FIGHT WITH. THEY STATED THAT AT BOTH TIMES, AT THE BAR AND THE STOP SIGN, JESSICA WAS PLACED INTO THE TRUCK BY OSCAR AGAINST HER WILL. OSCAR MARTINEZ--OROZCO WAS ARRESTED FOR SECOND DEGREE KIDNAPPING WITH THE VICTIM BEING SEXUALLY ASSAULTED, A CLASS TWO FELONY, AND SECOND DEGREE SEXUAL ASSAULT FOR HAVING FORCED SEXUAL INTERCOURSE WITH JESSICA CHAPARRO AGAINST HER WILL, A CLASS FOUR FELONY. DUE TO THEIR PRIOR INTIMATE RELATIONSHIP THIS IS ALSO DOMESTIC VIOLENCE RELATED. Y1'XT PAGE NO.0011 WC0022 ST53 12-02-1999 03:00 Subscribed and sworn to before me this Notary Date Expiration: WC9805125 1 Affiant's signature day of 1998. Notary Address: 910 10th Avenue, Greeley, CO. Notary Public After reviewing the above Affidavit in Support of Warrantless Arrest, I find: There is probable cause tor the arrest. There is not probable cause for the arrest and the Defendant --- is released from custody. Date: JUDGE PTXT PAGE NO.0013 WC0022 ST53 12-02-1999 03:00 WC9805125 2 + + (WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 2 FOR CASE# : WC98-5125 I � r Supp Date: 111798 Time: 0430 DEP: WC0235 HOOD, WILLIAM Crime/Incident: SEX ASLT Original Date Reported: 111698 Case status: OPEN Victim Name: CHAPARRO, JESSICA Connecting case numbers: F- NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: EVIDENCE SHEET 589008,589009 IITEM NO: 2 DESC: PHOTO LOG ;ITEM NO: DESC: IITEM NO: DESC: + -- PROPERTY THAT IS INVOLVED AS: EVD {Date: 111798 Item#: 1 Tag#: S89009 Store at: IBra: Mod: Ser: Pieces: IDesc: WHI POLO SHIRT ) OFF : WC0235 'Val: Cat: G Art: CLOTHING Mak: T -Cat: Cal: LOAN: Rcvd-Date: R -Val: PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 111798 Item#: 2 Tag#: 589009 Store at: IBra: Mod: Ser: Pieces: IDesc: WHI T SHIRT I OFF : WC0235 IVal: Cat: G Art: CLOTHING Mak: T -Cat: Cal: IOAN: Rcvd-Date: R-Vai: + -- ------PROPERTY THAT IS INVOLVED AS: EVD 'Date: 111798 Item#: 3 Tag#: S89009 Store at: IBra: Mod: Ser: Pieces: IDesc: WHI PANTS i A OFF : WCO235 IVal: Cat: G Art: CLOTHING Mak: T -Cat: Cal: JOAN: Rcvd-Date: R -Val: PTXT PAGE NO.0014 WC0022 ST53 12-02-1999 03:00 WC9805125 2 PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 111798 Item#: 4 Tag#: S89009 Store at: I IBra: Mod: Ser: Pieces: IDesc: BOXERS RED PLAID OFF : WCO235 I IVal: Cat: G Art: CLOTHING Mak: T -Cat: Cal: JOAN: Rcvd-Date: R Val: + --PROPERTY THAT IS INVOLVED AS: EVD -- -Date: 111798 Item#: 5 Tag#: S89009 Store at: IBra: Mod: Ser: Pieces: IDesc: BOXERS GRAY OFF : WCO235 IVal: Cat: G Art: CLOTHING Mak: T -Cat: Cal: IOAN: Rcvd-Date: R-Vai: +--- PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 111798 Item#: 6 Tag#: S89009 Store at: IBra: Mod: Ser: Pieces: IDesc: HAIR/FIBER LIFT OFF : WCO235 IVal: Cat: X Art: MISC Mak: T -Cat: Cal: LOAN: Rcvd-Date: R -Val: + -- ----PROPERTY THAT IS INVOLVED AS: EVD (Date: 111798 Item#: 1 Tag#: S89008 Store at: IBra: Mod: Ser: Pieces: IDesc: OFF : WCO235 IVal: Cat: X Art: FILM Mak: T -Cat: Cal: IOAN: Rcvd-Date: R -Val: NARRATIVE/FACTS: ON 111798, l WAS REQUESTED TO RESPOND TO THE ADDRESS OF 509 21ST STREET BASEMENT IN REGARD TO PROCESSING A CRIME SCENE AT THAT LOCATION. UPON ARRIVAL AT THAT LOCATION, I MET WITH 22 AND GREELEY OFFICER OTTO HUBBARD. THIS OFFICER TOOK PHOTOGRAPHS OF THE LARGE COUCH SITTING ON THE WEST WALL OF THE LIVING ROOM OF THIS APARTMENT. THIS OFFICER ALSO TOOK PHOTOGRAPHS OF CLOTHES IN THE NORTHEAST BEDROOM IN THE CLOSET AREA. I ALSO TOOK PHOTOGRAPHS OF THE BEDROOM AND CLOTHES ON THE NORTHWEST CORNER OF THE APARTMENT. THIS OFFICER DID TAKE FOR EVIDENCE A PAIR OF WHITE PANTS, WHICH HAD BLOOD ON IT, AS WELL AS A WHITE POLO -TYPE SHIRT WHICH HAD BLOOD ON IT, AND A WHITE T-SHIRT WHICH HAD BLOOD ON IT. ALSO TAKEN WERE ONE PAIR OF RED PLAID BOXER SHORTS AND ONE PAIR OF GRAY BOXER SHORTS. THIS OFFICER ALSO TOOK: HAIR. AND FIBER LIFTS FROM THE COUCH ON THE NORTH SIDE. ONE LIFT WAS DONE FROM EACH .-SEAT CUSHION, WHICH THEiW PTXT PAGE NO.0015 WC0022 ST53 12-02-1999 03:00 WC9805125 ARE THREE OF. I ALSO TOOK A LIFT OF THE BACK CUSHIONS DIVIDING IT WHERE THE SEAT CUSHIONS WERE, SO I WOUND UP WITH A TOTAL OF SIX HAIR AND FIBER LIFTS FROM THE COUCH. ALL EVIDENCE WAS TAKEN TO GREELEY EVIDENCE AND LOGGED IN LOCKER #5 AT GREELEY EVIDENCE, AND THE FILM WAS DROPPED INTO THE DROP BOX. NO FURTHER INVESTIGATION DONE BY THIS OFFICER AT THIS TIME. THIS IS THE END OF THIS REPORT + + Report Approved By: WC0037 CLARK, CHARLES E PTXT PAGE NO.0016 W00022 ST53 12-02-1999 03:00 WC9805125 3 IWELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 3 FOR CASE# : WC98-5125 Supp Date: 111798 Time: 0220 DEP: WCO237 Crime/Incident: SEX ASLT Original Date Reported: 111698 Case status: OPEN Victim Name: CHAPARRO, JESSICA Connecting case numbers: - NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: EVIDENCE SHEET S86440.S89007 iITEM NO: 2 DESC: PHOTO LOG ;ITEM NO: 3 DESC: CRIME LAB REPORT (ITEM NO: DESC: + PROPERTY THAT IS INVOLVED AS: EVD 'Date: 111798 Item#: 1 Tag#: S86440 Store at: 1Bra: Mod: Ser: Pieces: IDese: JEANS ] OFF : WCO235 )Val: Cat: G Art: CLOTHING Mak: T -Cat: Cal: iOAN: Rcvd-Date: R -Val: +--- --- PROPERTY THAT IS INVOLVED AS: EVD ---+ 'Date: 111798 Item#: 2 Tag#: S86440 Store at: 'Bra: Mod: Ser: Pieces: IDesc: SHIRT 3 OFF : WCO235 'Val: Cat: G Art: CLOTHING Mak: T -Cat: Cal: I OAN: Rcvd--Date : R -Val: + PROPERTY THAT IS INVOLVED AS: EVD ----t (Date: 111798 Item#: 3 Tag#: S86440 Store at: 'Bra: Mod: Ser: Pieces: 1Dese: PANTIES l OFF : WCO235 IVal: Cat: G Art: CLOTHING Mak: T -Cat: Cal: IOAN: Rcvd-Date: R -Val: PTXT PAGE NO.0017 WC0022 ST53 12-02-1999 03:00 WC9805125 3 + - -------PROPERTY THAT IS INVOLVED AS: EVD (Date: 111798 Item#: 4 Tag#: S86440 Store at: IBra: Mod: Ser: Pieces: IDesc: BRA ] OFF : WCO235 iVal: Cat: G Art: CLOTHING Mak: T -Cat: Cal: JOAN: Rcvd-Date: R -Val: + PROPERTY THAT IS INVOLVED AS: EVD ---+ !Date: 111798 Item#: 5 Tag#: S86440 Store at: IBra: Mod: Ser: Pieces: IDesc: JACKET ] OFF WCO235 IVal: Cat: G Art: JACKET Mak: T -Cat: Cal: JOAN: Rcvd-Date: R-Va1: -PROPERTY THAT IS INVOLVED AS: EVD ---+ [Date: 111798 Item#: 6 Tag#: S86440 Store at: [Bra: Mod: Ser: Pieces: IDesc: SEXUAL ASSAULT KIT OFF : WCO235 IVal: Cat: X Art: MISC Mak: T -Cat: Cal: LOAN: Rcvd-Date: R -Val: +-- - PROPERTY THAT I5 INVOLVED AS: EVD ---+ (Date: 111/98 Item#: 1 Tag#: S89007 Store at: !Bra: Mod: Ser: Pieces: IDesc: OFF : WCO235 I [Val: Cat: X Art: FILM Mak: T -Cat: Cal: JOAN: Revd -Date: R-Va1: + OFFICERS ON SCENE AT INCIDENT WC0022 JOHNSON, MARK R WCOOSO JOHNSON, VINCENT J GP0052 HUBBARD, OTTO NARRATIVE/FACTS: ON 111698 AT APPROXIMATELY 2245 HOURS, I WAS ADVISED TO GO TO NORTH COLORADO MEDICAL CENTER IN REGARD TO A SEXUAL ASSAULT. UPON ARRIVAL AT THAT LOCATION, I MET WITH DEPUTY JOHNSON, INVESTIGATOR JOHNSON AND OTTO HUBBARD FROM GREELEY POLICE DEPARTMENT. THE VICTIM OF A SEXUAL ASSAULT WAS AT THE HOSPITAL AT THAT TIME. THIS OFFICER WAS GIVEN A PLASTIC BAG, CONTAINING THE CLOTHES OF THE VICTIM IN REGARD TO THE SEXUAL ASSAULT, BY OTTO HUBBARD FROM GREELEY POLICE DEPARTMENT. THI BAG CONSISTED OF ONE PAIR OF BLUE JEANS, ONE SWEATER SHIRT AND. TAN COLOR), T iPINK PANTIES, ONE �� (GREEN n,vi, IN (,iS��()r. ) , A r.'ATR OF � �N;: SAN., i ,", ERA, Oi'F. rTXT PAGE NO.0018 WC0022 ST53 12-02-1999 03:00 SLACK AND WHITE NYLON JACKET. WC9805125 THIS OFFICER DID SIGN REQUEST, A SEXUAL KIT WAS PERFORMED ON THE VICTIM. THIS OFFICER DID GO TO THE MOTHER OF THE VICTIM AND, THROUGH A TRANSLATOR, EXPLAINED TO HER SHE DID SIGN THE CONSENT FORM, AS WELL AS THE INTERPRETER SIGNING THE CONSENT FORM. THE INTERPRETER WORKS FOR NORTH COLORADO MEDICAL CENTER. ONCE THE EXAMINATION WAS COMPLETED, THIS OFFICER THEN TOOK PHOTOGRAPHS OF THE VICTIMS' LEFT EYE AREA, WHICH WAS BRUISED IN THE EYELID AND ON THE CORNER OF THE EYE. THIS OFFICER THEN RESPONDED BACK TO WELD COUNTY SHERIFF'S OFFICE WITH THE EVIDENCE, AND DID SORT AND PACKAGE THE EVIDENCE INDIVIDUALLY. WHILE PACKAGING THE EVIDENCE, I DID NOTICE THAT THE BLACK AND WHITE NYLON JACKET CONTAINED BLOOD ON THE INSIDE OF IT, AS WELL AS THE SWEATER HAD BLOOD ON IT. PHOTOGRAPHS WERE TAKEN OF THESE ITEMS. ALL ITEMS WERE THEN TRANSPORTED TO GREELEY EVIDENCE AND BOOKED INTO LOCKER #3, AND THE FILM WAS DROPPED IN THE DROP. NO FURTHER FOLLOW-UP AT THIS TIME. fi THIS IS THE END OF THIS REPORT Report Approved By: WC0037 CLARK, CHARLES E PTXT PAGE NO.0019 WC0022 ST53 12-02-1999 03:00 WC9805125 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 04 FOR CASE# : WC98-5125 I Supp Date: 111798 Time: 0914 DEP: WC0306 CALDWELL, ALAN Crime/Incident: 2ND DEGREE Original Date Reported: 111798 KIDNAPPING Case status: CLEARED Victim Name: CHAPARRO, JESSICA Connecting case numbers: ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR **** *Name: MARTINEZ-OROZCO, OSCAR DOB: * *Addr: 509 21ST ST #BSMT Phone: 9703369479H/B: H * *City: GREELEY St: CO Zip: 80631 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: 507 Wgt: 150 Hai: BLK Eye: BRO SS: *Occupation: LABOR Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION---- + *Cite#: Date/Time: 1117980600 DR: WC98-5125 OFF: WC0306 * *Location: 910 10TH AV Accident: N * *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V -make: ' V -model: V -style: V -color: * *Court Date: Court Time: * *VIOL -1: 183302 KIDNAPPING -SECOND DEGREE *VIOL -2: 183403 SEXUAL ASSAULT -SECOND DEGREE *VIOL -3: *VIOL -4: -- - ----BOOKING DETAILS *Sc/Mrk/TT: State of Birth: GPD PKG No: * *Charge: 183302 KIDNAPPING -SECOND DEGREE *F/M: F. Is There Addl Chgs: Y Booking Date/Time : 1117980814 * *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0306 * : CRM : CITE : BOOK + ADDITIONAL CHARGE DATA IChg: 183403 SEXUAL ASSAULT -SECOND DEGREE IF/M: F Cite#: Warrant#: + + ---NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: BONDING SHEET (ITEM NO: 2 DESC: EVIDENCE SHEETS 381615, S88492 IITEM NO: DESC: IITEM NO: DESC: War/ORI: PTXT PAGE NO .0020 WC0022 ST53 12-02-1999 03:00 + OFFICERS ON SCENE AT INCIDENT WC0022 JOHNSON, MARK R NARRATIVE/FACTS: WC9805125 4 ON 11-17-98, I ASSISTED DEPUTY VINCE JOHNSON IN THE INTERVIEW AND INTERROGATION OF SUSPECT OSCAR MARTINEZ-OROZCO. DURING THE INTERROGATION I TRANSLATED FOR DEPUTY JOHNSON, SINCE THE SUSPECT DID NOT KNOW ENGLISH. DURING THE INTERROGATION, THE SUSPECT ADMITTED TO HAVING HIT JESSICA CHAPARRO TWICE IN THE FACE WHILE HAVING AN ARGUMENT OUTSIDE OF HIS RESIDENCE. THE SUSPECT ADMITTED TO HAVING HIT JESSICA WITH A CLOSED FIST. THE SUSPECT ALSO ADMITTED TO HAVING FORCEFULLY PULLED JESSICA CHAPARRO OUT OF A PICKUP TRUCK. THE SUSPECT ADMITTED TO HAVING PULLED JESSICA CHAPARRO OUT OF A WHITE PICKUP TRUCK WHILE THEY WERE PARKED OUTSIDE HIS RESIDENCE. THE SUSPECT DENIED HAVING THREATENED THE VICTIM INTO HAVING SEX WITH HIM. THE SUSPECT ADMITTED TO HAVING HAD CONSENSUAL SEXUAL INTERCOURSE WITH THE VICTIM. AFTER INTERROGATING THE SUSPECT, I COLLECTED PUBIC HAIR COMBINGS, PUBIC HAIR PULLINGS, HEAD HAIR PULLINGS, AND FINGERNAIL SCRAPINGS. AFTER COLLECTING THE PREVIOUSLY MENTIONED EVIDENCE, THE SUSPECT WAS TRANSPORTED TO THE NORTH COLORADO MEDICAL CENTER FOR A FELONY BLOOD DRAW. AFTER COMPLETING THE FELONY BLOOD DRAW, I TRANSPORTED THE SUSPECT TO THE NORTH JAIL COMPLEX. AT THAT LOCATION, I COLLECTED HIS UNDERWEAR DUE TO POSSIBLE EVIDENTIARY VALUE. AFTER THE SUSPECT'S BOOKING PROCESS WAS COMPLETED, I TRAVELED TO THE EVIDENCE SECTION OF THE GREELEY POLICE DEPARTMENT AND BOOKED THE EVIDENCE. THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E PTXT PAGE NO.QU21 WC0022 ST53 12-02-1999 03:00 WC9805125 5 (WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 5 FOR CASE# : WC98-5125 Supp Date: 111798 Time: 1140 DEP: WC0092 WAGONER, PETER Crime/Incident: SEX ASLT Original Date Reported: 111698 Case status: CLEARED Victim Name: CHAPIRRO, JESSICA Connecting case numbers: --NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: PHOTO LOG IITEM NO: 2 DESC: EVIDENCE SHEET S88691 (ITEM NO: DESC: (ITEM NO: DESC: ( + PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 111798 Item#: 1 Tag#: S88691 Store at: IBra: Mod: Ser: Pieces: 1 tDesc: FILM OFF : WC0092 IVal: Cat: X Art: FILM Mak: T -Cat: Cal: LOAN: Rcvd-Date: R -Val: NARRATIVE/FACTS: ON 111798, I MET WITH DEPUTY ALAN CALDWELL AND DEPUTY MARK JOHNSON AT THE NORTH JAIL COMPLEX REGARDING THIS CASE. DEPUTY CALDWELL WAS REQUESTING THAT I PHOTOGRAPH SOME FACIAL INJURIES THAT WERE SUSTAINED BY THE SUSPECT. DEPUTY CALDWELL POINTED OUT SEVERAL SMALL SCRATCHES ON THE LEFT SIDE OF THE VICTIM'S FACE, SOME SCRATCHES TO HIS LEFT EAR, A LARGE SCRATCH UNDERNEATH HIS CHIN AND A SCRATCH TO THE BACK OF HIS HEAD BEHIND HIS LEFT EAR. ALL AFOREMENTIONED INJURIES WERE PHOTOGRAPHED. I CHECKED THE HANDS AND ARMS FOR ANY OTHER INJURIES SUSTAINED BY THE SUSPECT WITH NEGATIVE RESULTS. DEPUTY CALDWELL THEN OBTAINED THE UNDERWEAR THE SUSPECT WAS WEARING AND SUBMITTED THAT INTO EVIDENCE. I TURNED OVER THE ROLL OF FILM TAKEN TO DEPUTY CALDWELL FOR SUBMISSION INTO EVIDENCE. NOTHING FOLLOWS. CASE IS CLEARED BY ARREST. PTXT PAGE NO.0023 WC0022 ST53 12-02-1999 03:00 WC9805125 6 + _ _ (WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 06 FOR CASE# : WC98-5125 Supp Date: 111998 Time: 1250 DEP: WC0050 JOHNSON, VINCENT J I Crime/Incident: 2ND DEG Original Date Reported: 111698 KIDNAP/SEX ASSAULT Case status: CLEARED I Victim Name: CHAPARRO, JESSICA Connecting case numbers: t--- NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: PHOTO -SUSPECTS 'ITEM NO: 2 DESC: PRINTOUT OF PHOTOS IITEM NO: 3 DESC: EVIDENCE SHEET S88493 (ITEM NO: 4 DESC: MIRANDA WARNING -SUSPECT -JULIO CONTRERAS IITEM NO: 5 (ITEM NO: 6 (ITEM NO: (ITEM NO: NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT DESC: CONSENT SEARCH SIGNED BY CONTRERAS-SUSPECT DESC: RULE 16 APPLICATION -COPY -SUSPECT DESC: DESC: +---- PROPERTY THAT IS INVOLVED AS: EVD IDate: 111798 Item#: 1 Tag#: S88493 Store at: I Bra: Mod: Ser: IDesc: AUDIO/VIDEO CASSETTE OF AKP INT-VICTIM IVal: Cat: Q Art: MOVIE Mak: LOAN: Rcvd-Date: Pieces: 1 SET OFF : WC0050 T -Cat: Cal: R -Val: +- PROPERTY 'Date: 111798 Item#: 2 Tag#: S88493 THAT Store at: IS INVOLVED AS: EVD IBra: Mod: Ser: Pieces: 1 IDesc: VIDEO INT W/ SUSPECT OFF : WC0050 IVal: Cat: 0 Art: MOVIE Mak: T -Cat: Cal: LOAN: Rcvd-Date: R -Val: NARRATIVE/FACTS: ON 111698, AT APPROXIMATELY 2215 HOURS, I WAS PAGED OUT AS ON -CALL INVESTIGATOR ON A KIDNAP SEXUAL ASSAULT CASE. I RESPONDED TO NORTH COLORADO MEDICAL CENTER WHERE I MET WITH OFFICER OTTO HUBBARD OF THE GREELEY POLICE DEPARTMENT AND DEPUTY MARK JOHNSON. VICTIM PTXT PAGE NO.0024 WC0022 ST53 12-02-1999 03:00 WC9805125 6 JESSICA CHAPARRO WAS MEDICALLY EXAMINED IN THE EMERGENCY ROOM. FIELD EVIDENCE TECHNICIAN HOOD OBTAINED THE EVIDENCE. TRACY FROM SASI RESPOND AS THE ADVOCATE IN THIS CASE. AT APPROXIMATELY 0155 HOURS VICTIM JESSICA CHAPARRO AND HER AUNT (NAME UNKNOWN) ROAD WITH ME IN MY UNMARKED POLICE CAR TO POINT OUT THE LOCATION OF OCCURRENCE OF THIS EVENT. WE DROVE SOUTH ON 6TH AVENUE TO 21ST STREET IN THE GREELEY AREA. WE THEN TURNED EAST ON 21ST STREET AND SHE POINTED TO A HOUSE ON THE NORTH SIDE OF THE ROAD, ABOUT THE MIDDLE OF THE BLOCK. I WAS LATER NOTIFIED THE ACTUAL ADDRESS ON THAT HOUSE WAS 509 WEST 21ST STREET. OFFICER HUBBARD, DEPUTY JOHNSON, AND DEPUTY CALDWELL REMAINED THERE FOR FOLLOW-UP. I RESPONDED THEN TO A KID'S PLACE FOR AN INTERVIEW WITH THE VICTIM, AS SHE WAS 16 YEARS OLD. HER MOTHER, HER GRANDMOTHER, AND TRACY FROM SASI MET US THERE. I INTERVIEWED JESSICA CHAPARRO. TRACY MONITORED THE EQUIPMENT. THE RELATIVES STAYED IN THE WAITING AREA. IN STARTING THE INTERVIEW, JESSICA GAVE ME HER FULL NAME, HER DATE OF BIRTH, WHICH IS AND HER HOME ADDRESS. SHE STATED THAT SHE PREFERS TO GO BY HER MIDDLE NAME WHICH IS RUBY, SO MOST OF THE INTERVIEW SHE IS REFERRED TO AS RUBY. SHE IS AN 11TH GRADER AT CENTRAL HIGH SCHOOL. JESSICA STATED THAT SHE AND THREE FRIENDS WENT TO THE DANCE AT THE CLUB SOMETHING NEAR EATON. SHE WASN'T EXACTLY SURE WHAT IT WAS CALLED. IT IS ACTUALLY KNOWN AS THE CLUB ROMANCE BAR IN LUCERNE ON HIGHWAY 85. SHE SAID THAT SHE WAS THERE WITH HER FRIEND EDDIE ESPINOSA WHO IS 18, WHOSE PHONE NUMBER IS 336-9918. SHE WAS ALSO WITH GERARDO DOMINGUEZ WHO IS 17 YEARS OLD AND HIS PHONE NUMBER IS 353-8987. THE THIRD FRIEND SHE WAS WITH WAS RON LOPEZ, WHO IS 15 YEARS OLD, HE IS A 10TH GRADER AT CENTRAL HIGH SCHOOL AND HE LIVES ON 5TH AVENUE. SHE DID NOT KNOW HIS PHONE NUMBER. SHE SAID THE WAY THE GOT INTO THE CLUB ROMANCE BAR IS THE CLUB WILL LET THEM IN AS MINORS AND STAMP THEIR HANDS WITH AN M SO THAT NO ALCOHOL WAS SERVED TO THEM. SHE SAID SHE HAD NOT BEEN DRINKING. AFTER THE DANCE WAS OVER HER EX -BOYFRIEND OSCAR MARTINEZ OROZCO MET HER OUTSIDE. SHE STATED THAT HE WANTED TO TALK TO HER. SHE STATED THAT HE IS ABOUT 20 OR 21 YEARS OLD. SHE FURTHER STATED THAT SHE HAD DATED OSCAR FOR ABOUT TWO YEARS. SHE SAID THAT WHEN SHE WAS 14 SHE DATED HIM. SHE ALSO STATED THAT WHILE SHE WAS 14 THEY HAD SEXUAL RELATIONS AT LEAST 10 TIMES AND THOUGHT IT WAS PROBABLY MORE BECAUSE THEY DID IT FOR A WHILE THEN. OSCAR WOULD HAVE BEEN 19 AT THAT POINT IN TIME. WE THEN CONTINUED TALKING ABOUT WHAT HAPPENED AT THE BAR THAT NIGHT. SHE STATED THAT OSCAR GOT INTO A CONFRONTATION WITH HER FRIENDS. THIS WAS VERBAL, NOT PHYSICAL. SHE STATED THAT OSCAR SHOVED HER INTO A TRUCK. THAT TRUCK WAS DRIVEN BY A FRIEND OF OSCARS. THERE WAS ANOTHER FRIEND OR ACQUAINTANCE IN THE TRUCK WITH THEM. THEN SHE WAS PUT IN AND OSCAR 3AT BY THE DOOR. SHE STATED PTXT PAGE NO.0025 WC0022 ST53 12-02-1999 03:00 WC9805125 6 SHE TOLD OSCAR SHE DID NOT WANT TO GO WITH THEM AND SHE DID NOT VOLUNTARILY GET INTO THE TRUCK, HE FORCED HER INTO IT. SHE DESCRIBED THE DRIVER OF THE TRUCK AS A HISPANIC MALE WITH SHORT BROWN HAIR, WHITE WESTERN HAT AND MEDIUM BUILD, ABOUT 25 YEARS OLD. SHE DESCRIBED THE MALE SITTING NEXT TO HIM AS A HISPANIC MALE, APPROXIMATELY 25 YEARS OLD, WITH BROWN HAIR AND MEDIUM BUILD. WHEN THEY LEFT THE BAR PARKING LOT THEY FOLLOWED THE CAR DRIVEN BY HER FIENDS. THAT CAR PULLED UP TO THE STOP SIGN AT 11TH AVENUE AND HIGHWAY 85. THE TRUCK THAT SHE WAS IN PULLED IN BEHIND THEM AND OSCAR AGAIN GOT OUT AND WENT TO CONFRONT THEM TO FIGHT WITH THEM. NO PHYSICAL FIGHT TOOK PLACE, BUT A VERBAL ALTERCATION OCCURRED AGAIN. DURING THIS SHE AGAIN TRIED TO GET AWAY FROM OSCAR. SHE ASKED HIM TO LET HER GO SO SHE COULD GO WITH HER FRIENDS. HE THEN GRABBED HER AND FORCED HER BACK INTO THE TRUCK AND THEY LEFT. THEY WERE DROPPED OFF AT OSCAR'S HOUSE, WHICH WAS ON ABOUT 6TH AVENUE AND 21ST STREET AS SHE DESCRIBED IT. SHE DID NOT KNOW AN ADDRESS. THE OTHER GUYS IN THE TRUCK LEFT AND IT WAS JUST HER AND OSCAR THERE. SHE STATED THAT SHE AND OSCAR WENT OUTSIDE AND WERE SITTING IN A CAMERO THAT WAS PARKED IN THE DRIVEWAY. THERE WERE OTHER PEOPLE IN THE HOUSE, THIS WAS AWAY FROM THEM, AND WAS ONE OF THE REASONS THEY SAT THERE. SHE STATED THAT THEY GOT IN AN ARGUMENT AND HE PHYSICALLY ASSAULTED HER IN THE CAMERO. HE PUNCHED HER IN THE LEFT EYE. IT CAUSED HER PAIN AND SWELLED UP. AFTER ARGUING THERE THEY STARTED TO GO BACK INTO THE HOUSE. ONE OF THE REASONS THEY WANTED TO DO THIS WAS BECAUSE OSCAR HAD CUT HIS CHIN AT THE BAR WHILE DANCING. SHE STATED THAT HE WAS BLEEDING AND NEEDED TO GO CLEAN UP HIS FACE. WHEN HE WENT IN THE APARTMENT SHE THEN RAN DOWN THE STREET FOR SEVERAL BLOCKS. SHE SAID THAT OSCAR CAUGHT HER AND FORCED HER TO GO BACK TO THE HOUSE. WHILE BACK IN THE HOUSE OSCAR TOLD HER THAT HE WANTED TO HAVE SEX WITH HER. SHE TOLD HIM NO AND THAT SHE WANTED TO GO HOME. HE TOLD HER SHE COULD GO HOME ONLY AFTER SHE HAD SEX WITH HIM ONE MORE TIME. SHE SAID NO. HE THEN DOUBLED UP HIS FIST IN A THREATENING MANNER AS IF HE WAS GOING TO ASSAULT HER AND TOLD HER TO TAKE HER CLOTHES OFF OR HE WOULD BEAT HER UP. SHE THEN TOOK HER CLOTHES OFF. HE TOOK HIS CLOTHES OFF. HE SEXUALLY ASSAULTED HER ON THE LARGER OF THE BLUE COUCHES IN THE LIVING ROOM OF THE HOUSE. SHE STATED THAT HE WAS ON TOP AND HELD HER DOWN. SHE STATED THAT IT WAS INTERCOURSE THAT THEY HAD AND THAT HE DID "FINISH" INSIDE OF HER. SHE STATED THAT HE THEN HELD HER NEXT TO HIM SO SHE COULDN'T GET AWAY. SHE STATED THAT AT THIS POINT IN TIME SHE WAS PHYSICALLY EXHAUSTED AS WELL AS MENTALLY EXHAUSTED AND FELL ASLEEP THERE WITH HIM. IN THE MORNING SHE CALLED HER FRIEND NANCY (UNKNOWN MORE ABOUT HER AT THIS TIME) AND NANCY CAME AND PICKED HER UP AND TOOK HER HOME. PTXT PAGE NO.0026 WC0022 ST53 12-02-1999 03:00 WC9805125 6 JESSICA CHAPARRO STATED SHE DID NOT REPORT THIS RIGHT AWAY. SHE DID TELL NANCY WHAT HAD HAPPENED AND NANCY TOLD HER TO CALL THE POLICE. IT WAS LATER DETERMINED THAT NANCY ESPINDOLA THAT CAME AND HER PHONE NUMBER IS 356-9230. ALSO DURING THE INTERVIEW JESSICA STATED THAT SHE HAD HAD INTERCOURSE WITH HER BOYFRIEND SERGIO HERNANDEZ ON SATURDAY NOVEMBER 15TH. SHE SAID SERGIO'S PHONE NUMBER IS 392-1253, BUT DID NOT KNOW HIS ADDRESS. I ASKED HER IF OSCAR MARTINEZ HAD SAID ANYTHING TO HER. SHE STATED THAT AFTER HE ASSAULTED HER HE TOLD HER THAT HE WAS SORRY, HE DIDN'T MEAN IT, THAT HE WAS DRUNK AND MAD. ON 111798, AT APPROXIMATELY 0415 HOURS, DEPUTY CALDWELL AND MYSELF INTERVIEWED SUSPECT OSCAR MARTINEZ. AT THAT TIME HE HAD ALREADY SIGNED A CONSENT TO SEARCH OF HIS PLACE IN THE PRESENCE OF DEPUTY CALDWELL AND IRENE LUCERO, ANOTHER DEPUTY WITH THE SHERIFF'S OFFICE. AT THAT TIME HE WAS GIVING HIS NAME AS JULIO CONTRERAS, WITH A DATE OF BIRTH OF DEPUTY CALDWELL INFORMED ME THAT THIS WAS IN FACT OSCAR MARTINEZ, BUT HE WAS CONTINUING TO USE THE NAME JULIO CONTRERAS. ONE OF THE REASONS HE KNEW THIS WAS OSCAR MARTINEZ WAS OTHER PEOPLE IN THE HOUSE WHERE HE WAS CONTACTED HAD TOLD OFFICERS THAT THIS WAS OSCAR MARTINEZ. DUE TO A LANGUAGE BARRIER I HAD DEPUTY CALDWELL TRANSLATE SPANISH FOR ME. HE TRANSLATED OUR ENGLISH MIRANDA WARNING TO OSCAR MARTINEZ. OSCAR SIGNED IT STILL USING THE NAME JULIO CONTRERAS. AS WE STARTED THE INTERVIEW HE CONTINUED TO USE THE NAME JULIO CONTRERAS FOR THE INTERVIEW. HE TOLD ME THAT HE WAS BORN IN VILOA CORONA GUADALAJARA, MEXICO. HE TOLD ME THAT HIS DAD WAS IGNACIO CONTRERAS-GUTIERREZ AND THAT HIS MOTHER WAS FELISICA OROZCO-GUZMAN. I OBSERVED PHYSICAL INDICATORS OF DECEPTION FROM OSCAR MARTINEZ. HE WOULD HAVE FAIRLY GOOD EYE CONTACT WHEN SPEAKING TRUTHFUL STATEMENTS WITH ME. WHEN HE STATED SOMETHING SUCH AS HIS NAME WAS JULIO CONTRERAS HE WOULD BE UNABLE TO LOOK ME STRAIGHT IN THE EYE. HE SHIFTED NERVOUSLY. HIS FACIAL EXPRESSION CHANGED. I EXPLAINED TO OSCAR MARTINEZ THE SCENARIO OF THE CASE. I EXPLAINED TO HIM THAT I KNEW HE WAS OSCAR MARTINEZ. HE THEN, WITH HIS NORMAL FACIAL EXPRESSION AND GOOD EYE CONTACT, TOLD ME THAT YES HE WAS OSCAR MARTINEZ AND ADMITTED HIS REAL NAME. HE TOLD ME THE REASON HE HAD LIED TO ME BEFORE WAS BECAUSE HE WAS AFRAID. HE CONFIRMED THAT MY OBSERVATIONS OF HIS PHYSICAL INDICATORS OF DECEPTION WERE TRUE BY HIS ADMITTING TO THE LIE DURING THOSE TIMES. OSCAR MARTINEZ GAVE A STORY THAT WAS ALMOST IDENTICAL JESSICA CHAPARRO'S. IN BRIEF HE STATED THAT HE DID COME OUT OF THE BAR, GET IN A CONFRONTATION WITH HER AND HER FRIENDS. HE STATED THAT SHE TRIED TO BREAK UP THE FIGHT AND THAT SHE ACTUALLY GRABBED HIM AND PUT HIM IN THE TRUCK TO LEAVE. HE ALSO INDICATED THAT AT A STOP SIGN ANOTHER CONFRONTATION OCCURRED, BUT HE SAID THAT SHE PXT PAGE NO.0027 WC0022 ST53 12-02-1999 03:00 WC9805125 6 AGAIN PULLED HIM INTO THE TRUCK SO THAT HE WOULD NOT FIGHT WITH THEM. HE STATED THAT THEY DID ARGUE AND HE DID IN FACT HIT HER IN THE FACE CAUSING AN INJURY TO HER LEFT EYE. HE SAID THAT THIS WAS BECAUSE THEY WERE ARGUING AND HE GOT MAD AT HER. HE STATED THAT SHE NEVER DID RUN OFF. HE STATED SHE WAS CRYING AND MAD AND WALKED AWAY FOR A LITTLE BIT, BUT THAT SHE CAME BACK ON HER OWN TO HELP HIM. HE STATED THAT HE HAD GONE INTO THE HOUSE TO CLEAN UP BECAUSE HE HAD CUT HIS CHIN WHEN HE FELL AT THE DANCE AT CLUB ROMANCE AND THERE WAS BLOOD ON HIM. HE STATED THE SEX THAT THEY HAD WAS TOTALLY VOLUNTARY AND THAT SHE WANTED. HE ALSO STATED THAT SHE HAD SPOKEN ON THE CELL PHONE SHE HAD WITH HER MOTHER THREE OR FOUR TIMES. HE STATED THAT SHE COULD HAVE LEFT WHENEVER SHE WANTED TO AND HE DOES NOT UNDERSTAND WHY SHE IS LYING ABOUT THIS AND WHY SHE AND HER PARENTS ARE TRYING TO GET HIM IN TROUBLE. DEPUTY MARK JOHNSON SPOKE WITH SEVERAL OF JESSICA'S FRIENDS AFTER THIS INTERVIEW. THEY CONFIRMED THAT OSCAR HAD PUSHED HER INTO THE TRUCK. OSCAR WAS UNABLE TO GIVE ME THE NAMES OR PHONE NUMBERS OF THE PEOPLE WHOSE TRUCK HE WAS IN. PHYSICAL EVIDENCE WAS COLLECTED BY DEPUTY CALDWELL FOR HAIR SAMPLES AT THE SHERIFF'S OFFICE. HE THEN TRANSPORTED HER BLOOD SAMPLES FROM NORTH COLORADO MEDICAL CENTER AND BOOKED OSCAR MARTINEZ. SEE HIS SUPPLEMENT. ON 111998, I PREPARED A RULE 16 NON -TESTIMONIAL EVIDENCE ORDER FOR OSCAR MARTINEZ-OROZCO FOR HIS BLOOD. IT HAD COME TO MY ATTENTION THAT THE BLOOD DRAWN AT NORTH COLORADO MEDICAL CENTER AT THE TIME OF HIS ARREST WAS IN A DRIVING UNDER THE INFLUENCE KIT, WHICH IS THE IMPROPER BLOOD TUBES FOR DNA TESTING AT COLORADO BUREAU OF INVESTIGATION. DUE TO THE FACT THAT HE WOULD NOT GIVE CONSENT AND WAS IN CUSTODY, DEPUTY DISTRICT ATTORNEY TOM HANSELMANN REQUESTED THAT I DO A RULE 16 AFFIDAVIT AND HE WOULD FILE THAT. THAT AFFIDAVIT WAS GIVEN TO THE DISTRICT ATTORNEY'S OFFICE ON 111998. NO FURTHER ACTION TAKEN BY THIS OFFICER AT THIS TIME. THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E PTXT PAGE NO.0028 WC0022 ST53 12-02-1999 03:00 WC9805125 7 'WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 07 FOR CASE# : WC98-5125 Supp Date: 061799 Time: 112O DEP: WC0050 JOHNSON, VINCENT J 1 Crime/Incident: KIDNAP Original Date Reported: 111698 SEXUAL ASSAULT Case status: CLEARED Victim Name: ROCHAPARRO, JESSICA Connecting case numbers: } NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: EVIDENCE SHEET S91054 (ITEM NO: 2 DESC: CBI REQUEST (CANCELLED) 3 PAGES (ITEM NO: DESC: (ITEM NO: DESC: + + -- -- PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 010799 Item#: 1 Tag#: S91054 Store at: IBra: Mod: Ser: Pieces: IDesc: BLOOD DRAW FROM RULE 16 (2 VIALS) OFF : GP0050 IVal: Cat: X Art: MISC Mak: T -Cat: Cal: LOAN: Rcvd-Date: R -Val: NARRATIVE/FACTS: THIS SUPPLEMENT IS TO DOCUMENT PUTTING INTO RECORDS THE EVIDENCE SHEETS FROM A BLOOD DRAW ON A RULE 16, ALONG WITH A COLORADO BUREAU OF INVESTIGATION REQUEST IN THIS CASE. THE REQUEST WAS NOT PROCESSED DUE TO A DISPOSITION IN THE CASE, AND IT BECAME UNNECESSARY. NO FURTHER ACTION TAKEN AT THIS TIME. CASE REMAINS CLOSED, CLEARED BY ARREST. + - + THIS IS THE END OF THIS REPORT Report Approved By: WCOO13 RUSCH, HENRY E --+ RPTQ X FIELD CONTACT REPORT kpt-Type F Rpt-No 98F000469 Area 1_ Cas-Cd SUSP Nat -Call Agen CPN Location HY 392/WCR 37 City COL St CO Rd 432800 Map Date 11-23-1998 Time 0125 Off WC0022 Asgn SOPB No-Pers 1_ Invl FCN Nam ALVARADO, JORGE Sex M Rac H Dob 07-19-1'975 Age 23 Hgt 505 Wgt 200 Hai BLit Eye BRO Bld H Nat _ Oln Ols — Soc Pkg MNI 515116_ Adr 4555 MADISON AV Adr-City BOULDER Adr-st CO Adr-Rd 999999 Adr-Map Phon Phon-Typ _ Empl-Sch UNEMPLOYED Hai-Desc SHOR Deformit LIMP Fac-Feat MUST Bdy-Clth WHI/SWETR/DENIM/WHI/TENNI Mask Glasses Tattoo Weapons _ Gang Vyr Vma Vmo Vst Vco Lic Lis Liy Gen-Cond _ Damage No--Occ _ Cpn-Type Cpn-date Cpn-Stat _ Next Control WC00543983340823 Ent -Date 11-30-1998 Origin F Recno 31421 CONT ***CONTINUATION*** MORE DATA FOR 98F000469 RPTO X CRIME ANALYSIS NARRATIVE I Rpt-Type F Rpt-no 98FOO0469 Mast-Rel 31421 SBJ FLAGGED DEPUTY DOWN. HE HAD BEEN TO CLUB ROMANCE. SBJ WAS WALKING HOME AND WANTED A RIDE BACK TO THE BAR TO FIND A FRIEND FOR_ A RIDE HOME. SBJ HAD A LIMP FROM A PREVIOUSLY BROKEN RIGHT LEG. Next Control WC00543983340824 CTR 1_ Recno 31259_ CONT ***CONTINUATION**" MORE DATA FOR 93F000469 PTXT PAGE N0.0001 WCO022 ST53 12-02-1999 04:58 WC9805206 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5206 Crime/Incident: INFO N/C: MISC F/M: Addl Offense F/M: Date reported : 112198 Time Rpt: 2319 Clearing case #: Connecting cases: WC98-5207 +-'--.." ---- INCIDENT DATE TIME AND LOCATION IF/Date: 112198 F/T: 2315 ILoc: 33131 HY 85 City: LUCERNE 1T/Date: 112198 T/T: 2320 Case status: CLEARED 1DEP: WC0022 JOHNSON, MARK R CASE STATUS AND MISC DATA !Drugs/Alcohol: Y ITot Prop Stolen: 1Force: (Extent Injuries: Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: ****'``**:r.**:a*:**:*.w*:********DATA FOR PERSON INVOLVED AS A: *Name: FELTON, LAURA DOB: *Addr: Phone: *City: St: Zip: OLN: *Sex: F Rae: Eth: Hgt: Wgt: Hai: Occupation: Bus Addr: * *Addl Desc Info: NO OTHER INFO AVAILABLE. * REP Eye: SS: BusTX: ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: CASHION, RICK DOB: *Addr: Phone: *City: St: Zip: OLN: *Sex: Rae: Eth: Hgt: Wgt: Hai: Eye: *Occupation: SECURITY Bus Addr: 4995 LOWEL .BLVD :fr GUARD DENVER, CO 80221 *Addl Desc Info: * NARRATIVE/FACTS: * 'V H/B: OLS: SS: BusTX: 3034.337777* -4: * I WAS DISPATCHED TO THE CLUB ROMANCE ON A REPORTED ASSAULT. DISPATCH ADVISED THAT A LAURA FELTON NEEDED CONTACT IN THE PARKING LOT BY A RED THUNDERBIRD REFERENCE BEING ASSAULTED BY ONE OF THE SECURITY GUARDS AT THE CLUB ROMANCE. PTXT PAGE NO. X1002 WC002:a ST53 12-02-1999 04:8 8 WC9805206 I DID RESPOND UP TO THE BAR AND DROVE THROUGH THE PARKING LOT AND SAW TWO RED FORD THUNDERBIRDS. ONE WAS WAT6155 WHICH LISTED TO A FERNANDO GUERRA ON A 1968 FORD. THE OTHER LICENSE PLATE WAS WAN2347 LISTING TO A DIEGO GALLEGOS ON A 1989 FORD. THERE WERE NO FEMALES IN THE PARKING LOT NOR ANY FEMALES BY THE CARS. THERE WERE TWO MALE PARTIES IN THE FIRST THUNDERBIRD AND KNEW ONLY LIMITED ENGLISH. NEITHER ONE OF THEM KNEW A LAURA FELTON. I DID CHECK WITH SECURITY GUARD RICK CASHION WHO WAS WORKING THE FRONT DOOR OF THE CLUB. I ASKED HIM IF THERE HAD BEEN ANY PROBLEMS WITH A FEMALE AND HE STATED NO. HE DID STATE THAT THERE HAD BEEN AN EARLIER PROBLEM IN THE BAR WITH SOME MALE PARTY WHO HAD TO BE ESCORTED OUTSIDE. HE SAID AS HE WAS DOING THAT, SOME GIRL CAME UP AND GRABBED HIM BY THE ARM WANTING HIS NAME AND BADGE NUMBER AND HE TOLD HER TO BACK OFF. SHE SAID THAT WAS HER BROTHER HE HAD AND WANTED TO KNOW WHAT WAS GOING ON AND HE TOLD HER THAT SHE WASN'T IN THE BAR WHEN IT HAPPENED AND SHE DIDN'T KNOW WHAT WAS GOING ON AND TO JUST LEAVE HIM ALONE SO HE COULD DO HIS JOB. HE SAID BEYOND THAT THERE WAS NO OTHER PROBLEMS WITH ANY WOMEN THAT HE WAS AWARE OF. I WAS AT THE BAR FOR APPROXIMATELY HALF AN HOUR AND OUT IN THE PARKING LOT FOR THE BULK OF THAT TIME AND NO ONE CONTACTED ME REGARDING THIS CASE. A CONNECTING CASE WAS DRAWN WHEN ANOTHER ASSAULT OCCURRED IN THE BAR IN THE BATHROOM BETWEEN TWO MALE PARTIES. THAT WOULD BE THE CONNECTING CASE 98-5207. I DID ADVISE DEPUTY CARLETON ON DAYSHIFT THAT IF LAURA FELTON WERE TO CALL IN WITH ANY FURTHER INFORMATION REGARDING THIS MATTER THAT THE ORIGINAL REPORT WAS TAKEN UNDER THIS CASE REPORT. THIS IS THE END OF THIS REPORT Report Approved By: WCOO71 COGSWELL, LES PTXT PAGE NO.0001 WC0022 ST53 1? -02--1999 04:59 WC9805299 + + IWELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: W098-5299 I I , {Crime/Incident: 3RD DEG ASSAULT N/C: ASLTS F/M: M lAddl Offense F/M: I IDate reported : 112898 Time Rpt: 1300 Clearing case #: I 'Connecting cases: I I + ---- -INCIDENT DATE -TIME -AND LOCATION- IF/Date: 112698 FIT: 2100 ILoc: 33131 HY 85 City: GRE IT/Date: 112898 T/T: 1300 Case status: OPEN IDEP: WC0034 RICHARDSON, RONALD CASE STATUS AND MSC DATA - - IDrugs/Alcohol: Y Domestic Viol: Y Evidence/Photos: I (Tot Prop Stolen: Prop Revd: Prop Damg: I (Force: Attempted or Completed: C I 'Extent Injuries: INJURY AROUND NECK AREA I *.t*******:**4**************.+DATA FOR PERSON INVOLVED AS A: VIC *Name: VASQUEZ, ENRIQUE DOB: *Addr: 202 N 9TH AV #1 Phone: 3539001 *City: GREELEY St: CO Zip: 80631 OLN: *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: LABOR Bus Addr: MONFORT PACKING BusTX: * +Addl Desc Info: ****************************DATA *****DATA FOR PERSON INVOLVED AS A: 0TH *Name: DEVARGAS, RUTH DOB: 'Addr: 202 N 9TH AV #1 Phone: 3539001 *City: GREELEY St: CO Zip: 80631 OLN: Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: LABOR Bus Addr: MONFORT PACKING BUSTY.: * *Add1 Des° Info: :* :** * H/B: H * OLS: * * *** * H/B: : H * OLS: * .. PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 04:59 WC9805207 FURTHER STATED THERE WAS ANOTHER PARTY WITH THE SUSPECT WHO TOLD CERVANDO IT WAS OK, HIS FRIEND WAS JUST DRUNK AND THERE WAS NO PROBLEM. CERVANDO SAID THAT HE DID FEEL PAIN. WAS IN THE PARKING LOT OF THE CLUB ROMANCE WHEN CERVANDO LOPEZ CAME OUTSIDE HOLDING HIS EYE. I ASKED HIM WHAT HAD HAPPENED AND HE GAVE HIS STATEMENT. CERVANDO, MYSELF AND A SECURITY GUARD FOR THE CLUB ROMANCE DID GO BACK INSIDE THE BAR AND LOOKED ALL AROUND BUT CERVANDO COULD NOT FIND THE PERSON WHO HAD ASSAULTED HIM. I PROVIDED CERVANDO WITH MY BUSINESS CARD WITH THIS CASE NUMBER AND TOLD HIM THAT THE CASE WOULD BE FILED PENDING ANY NEW LEADS REGARDING THE SUSPECT. I ALSO TOLD SECURITY AT THE CLUB TO CALL ME BACK IF CERVANDO SHOULD ID HIM LATER IN THE EVENING. REQUEST THIS CASE BE FILED INACTIVE AT THIS TIME AS CERVANDO WAS UNABLE TO PROVIDE ANY KIND OF GOOD DESCRIPTION OF THE SUSPECT SINCE HE WAS HIT SO QUICKLY. THIS S IS THE END OF THIS REPORT + Report Approved By: WCOU71 COGSWELL, LES if. -_T PAGE NO.0001 W00022 ST53 12-02-1999 04:59 W09805207 (WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5207 I (Crime/Incident: 3RD DEGREE ASSAULT N/C: ASLTS F/M: M I IAddl Offense F/M: I !Date reported : 112198 Time Rpt: 2345 Clearing case #: I !Connecting cases: WC98-5206 I I + INCIDENT DATE -TIME -AND LOCATION + IF/Date: 112198 F/T: 2335 I ILoc: 33131 HY 85 City: LUCERNE IT/Date: 112198 T/T: 2345 Case status: INACTIVATED IDEP: WC0022 JOHNSON, MARK R CASE STATUS AND MISC DATA - - - - -- IDrugs/Alcohol: Y Domestic Viol: Evidence/Photos: ITot Prop Stolen: Prop Rcvd: Prop Damg: I (Force: Y Attempted or Completed: C I Extent Injuries: ONE HALF INCH CUT TO RIGHT EYELID I ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: LOPEZ, CERVANDO DOB: :t. *Addr: 120 W PROSPECT #1 Phone: 4828659 H/B: H * *City: FT COLLINS St: CO Zip: 80525 OLN: 982580587 OLS: CO* *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: w *Occupation: CARPET Bus Addr: CARPET EXCHANGE DusTX: 4816702 * * INSTALLER e. *Addl Desc Info: * * -*;: *.*.:****:x3***************.DATA YOR PERSON INVOLVED A3 A: SUS *Nance: DOB: *Addr: Phone: H/B: *City: St: Zip: OLN: OLS: *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: *Addl Desc Info: VIC SAID SUS LOOKED LIKE A "GANGSTER" WEARING BAGGY CLOTHES AND SHORT SLICKED BACK HAIR. NARRATIVE/FACTS: CERVANDO LOPEZ STATED THAT HE WAS IN THE BATHROOM AT THE CLUB ROMANCE AND WAS WALKING OUT THE DOOR WHEN SOME PARTY WHO HE DID NOT KNOW WAS COMING IN AND THREW A PUNCH AT HIM AND HIT HIM IN THE RIGHT EYE WITH A CLOSED FIST. CERVANDO SAID HE DID NOT KNOW THIS PARTY AND HAD NOT HAD ANY KIND OF PREVIOUS CONTACT OR PROBLEMS WITH HIM IN THE BAR. CERVANDO PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 04:59 WC9805299 + SYNOPSIS OR NARRATIVE NIGHT TIME BAR, SUSPECTS NOT KNOWN TO VICTIM. NARRATIVE/FACTS: THIS OFFICER CONTACTED ENRIQUE VASQUEZ AT 202 NORTH 9TH AVENUE #1. AT THAT LOCATION WAS RUTH DEVARGAS. VASQUEZ WAS UNABLE TO SPEAK ENGLISH, DEVARGAS WAS THERE TO TRANSLATE. THE FOLLOWING WAS RELATED TO THIS OFFICER BY RUTH DEVARGAS. SHE SAID ACCORDING TO VASQUEZ, HE HAD ARRIVED AT CLUB ROMANCE IN LUCERNE AT APPROXIMATELY 2100 HOURS, OR 9:00 PM. HE SAID HE HAD A DRINK AT THE BAR AND WAS THERE WITH A FRIEND OF HIS, DIMAS (LAST NAME UNKNOWN, ADDRESS UNKNOWN, PLACE OF WORK UNKNOWN), AND ANOTHER PARTY THAT WAS UNDERAGE BY THE NAME OF EDGAR GARDENIA (UNKNOWN WHERE THIS PARTY LIVES OR ANY OTHER INFORMATION ABOUT HIM). VARGAS CONTINUED TO SAY THAT WHEN THEY ARRIVED AT THE BAR, EDGAR HAD GOTTEN A DRINK AND THEN HE WENT TO THE BATHROOM. WHEN HE CAME BACK, HE DISCOVERED THAT HIS DRINK WAS MISSING. HE WANTED TO KNOW WHAT HAPPENED TO IT. HE ASKED ONE BARTENDER, THEN A SECOND BARTENDER, FINALLY A THIRD BARTENDER SAID YES HE COULD HAVE ANOTHER DRINK, HE DIDN'T KNOW WHAT HAPPENED TO HIS PREVIOUS ONE AND HE KIND OF THREW HIS GLASS AT EDGAR. EDGAR AND THE THIRD BARTENDER STARTED EXCHANGING WORDS WHEN ENRIQUE VASQUEZ, PUT HIS HAND UP AND SAID THEY WERE LEAVING. SUDDENLY, TWO SECURITY GUARDS IN UNIFORMS CAME OVER, ONE CAUCASIAN AND ONE POSSIBLY HISPANIC, AND THEN STRUCK VASQUEZ FROM BEHIND, KNOCKING HIM TO THE GROUND AND CAUSING HIM TO BUMP HIS HEAD. HE SAID HE WAS STRUCK FROM BEHIND BY ONE OF THE PARTIES USING A BLACKJACK, ASP OR SOME TYPE OF CLUB ACROSS THE SHOULDERS AND BACK OF THE NECK. HE SAID ONCE HE WAS ON THE GROUND, THE SECURITY GUARDS HAD TAKEN HIS HANDS AND PUT THEM BEHIND HIS BACK, HANDCUFFING HIM. HE SAID SOMEONE CONTINUED TO STRIKE HIM WHILE HE WAS HANDCUFFED AND ON HIS STOMACH. THIS OFFICER DID NOT OBSERVE ANY BRUISES TO THE BACK OF THE VICTIM, HOWEVER, THE VICTIM WAS WEARING A NECK BRACE, STATING THE INJURY WAS CAUSED BY BEING STRUCK WITH A CLUB -TYPE INSTRUMENT. IT APPEARED TO BE SORE MUSCLES OR SOME TYPE OF MINOR MUSCLE DAMAGE. THIS OFFICER HAD DEPUTY LAEGER CHECK WITH THE SECURITY GUARDS AT THE BAR. THERE WAS ONE BY THE NAME OF MATT MULL, WHO SAID HE WAS INVOLVED IN THE ALTERCATION. SEE THE SUPPLEMENTAL REPORT BY DEPUTY LAEGER. NO FURTHER ACTION TAKEN AT THIS TIME. ;TM PAGE NO.0004 WC0022 ST53 12-02-1999 04:59 WC9805299 1 IWELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC98--5299 ! Supp Date: 113098 Time: 0300 DEP: WC0145 LAEGER, CLINTON Crime/Incident: ASSAULT Original Date Reported: 112898 Case status: OPEN Victim Name: VASQUEZ, ENRIQUE Connecting case numbers: ***************************DATA FOR PERSON INVOLVED AS A: 0TH 'tame: JONES, KENNETH DOB: *Addy: Phone: *City: St: Zip: OLN: *Sex: M Rac: Eth: Hgt: Wgt: Hai: Eye: 55: *Occupation: SECURITY Bus Addr: 512 CHERRY ST BusTX: .k. GUARD DACONO *Addl Desc Info: •k H/B: OLS: ****************************DATA 4DATA FOR PERSON INVOLVED AS A: 0TH *Name: MONTOYA, ROBERT DOB: *Addy: PO BOX 833 Phone: 3032895655H/B: *City: EASTLAKE St: CO Zip: <30614 OLN: OLS: *Sex: M Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY Bus Addr: BusTX: * GUARD *Addl Desc Info: PAGER 303-266-1315 4 :*:*:*:*:*:ray**;***:******:***.***.:k*:**DATA FOR PERSON INVOLVED AS A: 0TH Name: MOLL, MATT DOB: *Addr: 3742 WEST BOTH DR Phone: 3033329609H/B: *City: WESTMINSTER St: CO Zip: OLN: OLS: *Sex: M Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY Bus Addr: BusTX: GUARD SUPERVISOR *Addl Desc Info: 4** H * PTXT PAGE NO.0005 WC0022 ST53 12-02-1999 04:59 WC9805299 1 *************************:***DATA FOR PERSON INVOLVED AS A: 0TH *Name: SILVA, JOSE DEJESUS DOB: *Addr: 930 S MCKINLEY DR Phone: 3038572105H/B: *City: FT LUPTON St: CO Zip: 80621 OLN: OLS: *Sex: M Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: BARTENDER Bus Addr: BusTX: *Add' Desc Info: ****************************DATA FOR PERSON INVOLVED AS A: OTH 4 + *Name: TREBOLD, BRIAN DOB: * *Addr: 4995 LOWEN BL Phone: 3034337777H/B: H :t• *City: DENVER St: CO Zip: OLN: OLS: *Sex: M Rao: Eth: Hgt: Wgt: Hai: Eye: SS: r `Occupation: SECURITY Bus Addr: BusTX: * * GUARD , *Addl Desc Info: * * ***::*:***********::x.**:*:t::*:****DATA FOR PERSON INVOLVED AS A: 0TH *Name: RODRIGUEZ, RUBEN DOB: *Addr: 1035 S FULTON AV Phone: 3O38576881H/B: *City: FT LUPTON St: CO Zip: 80621 OLN: OLS: *Sex: M Rac: Eth: Hgt: Wgt: Hai: Eye: O. *Occupation: RESTAURANT Bus Addr: BusTX: MANAGER •kAddl Desc Info: ,A ******::+***: **********%****DA'T'A FUR PERSON INVOLVED AS A: 0TH rName: MANR1QUEZ, ALFREDO DOB: *Addr: 15426 CAROLINE AV Phone: 3038572532H/B: City: FT LUPTON St: CO Zip: OLN: OLS: :*Sex: M Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: DOORMAN Bus Addr: BusTX: kAddl Desc Info: PTXT PAGE NO.0006 WC0022 STS3 12-02-1999 04:59 :p;K:r• :k.:K;�.:K:#-r x:4 *;K:K**K:r:j..x:k:k#*DATA FOR PERSON :+'Name: MANRIQUEZ, LEO DUB: *Addr: *City: St: Zip: OLN: *Sex: M Rac: Eth: Hgt: Wgt: Hai: *Occupation: BARTENDER bus Addr: :K *Add' Desc Info: :* WC9805299 1 INVOLVED AS A: OTH Phone: Eye: SS: BusTX: l --------•----NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT :ITEM NO: 1 DESC: WRITTEN STATEMENTS/11 PGS IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: NARRATIVE/FACTS: H/B: OLS: ON 11-28-98 SHORTLY BEFORE MIDNIGHT, I WAS ADVISED BY DEPUTY RON RICHARDSON THAT HE HAD TAKEN A REPORT OF AN ASSAULT THAT HAD OCCURRED ON 11-26-98 AT THE CLUB ROMANCE BAR IN WHICH THE SUSPECTS WERE BAR STAFF MEMBERS AND SECURITY OFFICERS. UPON ARRIVING AT CLUB ROMANCE, I CONTACTED HEAD OF SECURITY MATT MOLL, AND ADVISED HIM THAT I WAS THERE IN REFERENCE TO AN ASSAULT REPORT THAT HAD BEEN TAKEN. MATT THEN ADVISED ME THAT ON 11-26-98 AT APPROXIMATELY 2130 HOURS, THERE WAS A DISTURBANCE AT THE BAR THAT HAD STARTED WITH A PATRON WHO HAD BEEN REFUSED SERVICE DUE TO BEING INTOXICATED. HE STATED WHILE HE WAS DEALING WITH THE YOUNGER OF THE TWO PARTIES, HE TURNED AROUND AND AT THIS TIME THE OLDER OF THE TWO PARTIES GRABBED HIM BY THE SHIRT WITH HIS LEFT HAND AND COCKED BACK WITH A FIST WITH HIS RIGHT ARM, AND WAS ABOUT TO PUNCH HIM WHEN TWO OTHER SECURITY GUARDS, BEING KEN JONES AND ROBERT MONTOYA, GRABBED HOLD OF THE OLDER GENTLEMAN AND THE WRESTLED HIM TO THE GROUND, AT WHICH TIME HANDCUFFS WERE PLACED ON THE ELDERLY GENTLEMAN TO GAIN CONTROL AND TO ESCORT HIM SAFELY OUT OF THE BAR. WHEN I QUESTIONED MATT AS TO IF ANY STRIKING WEAPONS WERE USED TO GAIN CONTROL, HE STATED NO, NONE OF THE STAFF MEMBERS HAD USED ANY TYPE OF WEAPONS. ALSO SEE ATTACHED WRITTEN STATEMENT FROM MATT MOLL. I THEN ALSO CONTACTED SECURITY GUARDS BRIAN TREBOLD, KEN JONES, AND ROBERT MONTOYA. ALL THREE SECURITY GUARDS BASICALLY TOLD THE EXACT SAME STORY OF THE INCIDENT AS DID MATT MOLL. HOWEVER, WHEN QUESTIONED ABOUT USING A WEAPON OR STRIKING INSTRUMENT, ROBERT MONTOYA STATED THAT THE ONLY THING HE COULD THINK OF THAT MAY HAVE CAUSED TRAUMA TO THE VICTIM, WAS THAT HE REMEMBERED WHEN THEY WRESTLED TO THE GROUND, HE COULD REMEMBER BAR STOOLS BEING BESIDE PTXT PAGE NO.0007 WC0022 ST53 12-02-1999 04:59 WC9805299 1 HIS AND THE VICTIM'S HEADS, AND HE COULD REMEMBER REACHING UP AND PUSHING THEM OUT OF THE WAY, HOWEVER, HE COULD NOT EXACTLY RECALL IF THE VICTIM HAD IN FACT STRUCK HIS HEAD OR ANY OTHER PART OF HIS BODY ON THE BAR STOOLS. I SPOKE WITH JOSE SILVA, WHO WAS THE BARTENDER THAT NIGHT, WHO STATED 'THAT HE HAD REFUSED TO SERVE A CUSTOMER AT THE BAR WHO WAS INTOXICATED. HE STATED THAT WHEN HE PULLED THE EMPTY GLASS FROM HIM AND TOLD HIM HE WAS NOT GOING TO SERVE HIM ANYMORE, THE MAN BECAME ANGRY, STARTED HANGING ON THE BAR, AND BEGAN INSULTING HIM. HE STATED HE THEN CALLED SECURITY OVER TO ESCORT HIM OUT, AT WHICH TIME THE GENTLEMAN STARTED YELLING AND ATTEMPTED TO THROW A BOTTLE INTO THE BAR. HE STATED THE OLDER OF THE TWO MEN PUT UP MUCH RESISTANCE TO THE SECURITY GUARDS, AND HE REMEMBERED THAT WHEN THE MAN AND THE SECURITY GUARDS WENT TO THE FLOOR BY THE BAR, THERE WAS A STEP BY THE BAR, AND HE REMEMBERED THE OLDER GENTLEMAN BANGING HIS HEAD ON THAT STEP. I THEN SPOKE WITH RUBEN RODRIGUEZ, WHO iS THE MASTER OF CEREMONIES AT CLUB ROMANCE, WHO STATED THAT HE WAS CALLED OVER AT THE TIME THE PARTIES WERE TAKEN OUTSIDE OF THE BAR, AND ASKED TO TRANSLATE AS NEITHER OF THE PARTIES SPOKE ENGLISH. RUBEN STATED THAT THE OLDER MALE JUST CONTINUED SAYING LOTS OF BAD THINGS TOWARD THE SECURITY, WHICH MOST OF WHAT HE WAS SAYING WAS CALLING THEM WHITE TRASH. HE STATED HE HAD ASKED THE GENTLEMAN ON SEVERAL OCCASIONS IF HE WANTED HIM TO CALL AN AMBULANCE OR TO CALL THE SHERIFFS BECAUSE HE WAS COMPLAINING OF A BUMP ON HIS FOREHEAD. RUBEN STATED THE MAN RESPONDED WITH "NO, I NEED TO BE RELEASED FROM THE HANDCUFFS AND GO HOME." RUBEN STATED AFTER THEY RELEASED HIM FROM THE HANDCUFFS HE ASKED HIM ONCE AGAIN IF HE WANTED HIM TO CALL THE SHERIFF, AT WHICH TIME HE STATED NO, HE WANTED TO FIGHT WITH THE OFFICERS, MEANING SECURITY. AFTER ARGUING FOR AWHILE, HIS FRIEND GOT HIM TO LEAVE. IN SPEAKING WITH MEMBERS OF SECURITY, THEY ADVISED ME THAT THEIR STANDARD OPERATING PROCEDURE FOR ESCORTING AN UNCOOPERATIVE OUT OF THE BAR IS THAT THEY GET ALL OF THEM THAT ARE AVAILABLE, TAKE THE PARTY TO THE GROUND AND PLACE IN HANDCUFFS IF HE IS WANTING TO FIGHT, ESCORT HIM OUT, AND THEN THEY ARE ASKED IF THEY WANT POLICE OR MEDICAL. IF THEY STATE NO, AND THEY CALM DOWN AND HAVE A SOBER DRIVER, THEY ARE ADVISED TO LEAVE. MEMBERS OF SECURITY ADVISED ME THAT IT IS NOT CUSTOMARY FOR THEM TO TAKE OUT THEIR ASPS OR THEIR MACE TO HANDLE A SITUATION OF ESCORTING A PARTY OUT OF THE BAR, AS THEY HAVE PLENTY OF STAFF THERE TO JUST DO A HANDS ON AND A HANDCUFF IF NECESSARY TO GAIN CONTROL. I WAS ADVISED BY SECURITY STAFF THAT THEY ARE INSTRUCTED TO CALL LAW ENFORCEMENT IF THEY EVER DO USE FORCE OTHER THAN HANDS ON OR HANDCUFFS. I WAS ABLE TO OBTAIN WRITTEN STATEMENTS FROM ALL PARTIES INVOLVED WITH THE EXCEPTION OF LEO MANRIQUEZ, WHO WAS OFF ON THE NIGHT I GOT WRITTEN STATEMENTS TAKEN, BUT WAS ADVISED THAT HE WOULD RETURN TO WORK THIS COMING WEEKEND, AT WHICH TIME I'D BE ABLE TO OBTAIN A WRITTEN STATEMENT FROM HIM. PTXT PAGE NO.0008 WC0022 STS3 12--02-1999 04:59 WC9805299 THIS OFFICER WILL FOLLOW-UP ON SATURDAY, DECEMBER 5TH, 1998, TO OBTAIN WRITTEN STATEMENT FROM LEO MANRIQUEZ. NO FURTHER ACTION TAKEN BY THIS OFFICER AT THIS TIME. + --._...._._.._. -+ THIS IS THE END OF THIS REPORT Report Approved By: WC0071 COGSWELL, LES PTXT PAGE NO.0009 WCOO2 ST53 32-02-1999 04:59 WC98052299 iWELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC98-5299 i Crime/Incident: 3RD DEG Original Date Reported: 112898 ASSAULT I Case status: UNFOUNDED Supp Date: 121498 Time: DEP: WCU045 CARLETON, RANDALL R Victim Name: VASQUEZ, ENRIQUE Connecting case numbers: NARRATIVE/FACTS: SEVERAL ATTEMPTS TO CONTACT AND SET UP A MEETING WITH THE VICTIM AND WITNESSES HAVE PROVED FRUTILE. SUBJECT DEVARGAS WAS CONTACTED ON 12-12 AND ADVISED THAT IF THE WITNESSES DID NOT APPEAR THAT EVENING THAT THE CASE WOULD BE FILED UNFOUNDED. WITNESSES DID NOT SHOW UP. DEVARGAS WAS RE -CONTACTED ON 12-14 AND SHE ADVISED THAT THEY HAD MADE AN APPEARANCE BUT NO ONE WAS ABLE TO HELP THEM AT THE TIME THEY WERE THERE. DEVARGAS ADVISED THAT SHE WOULD TRY TO GET WITH DEPUTY RICHARDSON ON 12-15 TO GET THE MATTER RESOLVED WAS ADVISED THAT IF THEY WERE UNABLE TO DO SO AT THAT TIME THAT THE CASE WOULD BE UNFOUNDED PENDING ADDITIONAL INFORMATION OR LEADS. MESSAGE WAS LEFT FOR DEPUTY RICHARDSON TO MAKE CONTACT WITH DEVARGAS SET UP A MEETING TIME WHEN THE WITNESSES WOULD BE AVAILABLE FOR THEIR STATEMENTS. STATEMENTS FROM WITNESSES AND OTHER INVOLVED PARTIES IN THIS CASE DO NOT INDICATE A CRIMINAL ACT AT THIS POINT IN TIME AS THERE APPEARS TO BE NO INTENT TO CAUSE BODILY INJURY TO THE VICTIM IN THIS CASE. PERSON WHO IS TRANSLATING FOR THE VICTIM IN THIS CASE KNOWS THE WITNESSES ONLY BY THE NAME OF EDGAR AND ANOTHER INDIVIDUAL WHO SHE CALLS HOME BOY. DEVARUAS ADVISES THAT SHE DOES NOT KNOW WHERE THEY LIVE BUT DOES HAVE PHONE NUMBERS FOR THEM AND WILL AGAIN TRY TO GET THE MATTER TAKEN CARE OF WAS AGAIN ADVISED THAT IF IT DOES NOT OCCUR THAT BASED ON THE INFORMATION AVAILABLE THE CASE WILL GO TO FILE AS, UNFOUNDED. NO FURTHER ACTION TAKEN AT THIS TIME. THIS IS THE END OF THIS REPORT P'XT PAGE NO.O011 WC0022 ST53 12-02.1999 04:59 WC9805299 3 IWELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 03 FOR CASE# : WC98-5299 I ' Supp Date: 122398 Time: 0027 DEP: WC0306 CALDWELL, ALAN I € Crime/Incident: 3RD DEGREE Originai Date Reported: 112898 ASSAULT Case status: UNFOUNDED I Victim Name: VASQUEZ, ENRIQUE I I Connecting case numbers: + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: WRITTEN STATEMENTS/3 PAGES ;ITEM NO: DESC: IITEM NO: DESC: (ITEM NO: DESC: NARRATIVE:FACTS: AT THE REQUEST OF DEPUTY RON RICHARDSON, I OBTAINED WRITTEN STATEMENTS FROM ENRIQUE VASQUEZ, DIMAS MACIAS AND EDGAR GARDEA. ALL THREE STATEMENTS ARE IN SPANISH. FOLLOWING IS A TRANSLATION OF THEIR STATEMENTS. STATEMENT OF ENRIQUE VASQUEZ: "ON 261198 WE WERE IN THE ROMANCE WHEN THEY TOOK EDGAR'S GLASS AND HE ASKED THE BARTENDER WHERE HIS GLASS WAS. THE BARTENDER SAID I DON'T KNOW AND THEN ANOTHER ONE CAME AND HE LOOKED TO BE ONE OF THE OWNERS AND HE TOOK OUT A GLASS AND BANGED IT AGAINST THE BAR AND EDGAR DID THE SAME WITH THE GLASS, BUT THIS MAN HIT EDGAR IN THE CHEST AND EDGAR AND I TOLD HIM NOT TO HIT HIM. ALL OF A SUDDEN I FELT A STRIKE ON MY NECK AND THEN ANOTHER AND ANOTHER AND THEN TO THE FLOOR, ON MY STOMACH AND MORE STRIKES AND STRIKES AND A STRIKE ON MY RIGHT EYEBROW AND THEN THEY TOOK ME OUTSIDE IN HANDCUFFS AND ONE OF THE OWNERS SAID, WE'RE GOING TO REIMBURSE YOU FOR EVERYTHING THAT YOU'VE SPENT OR DO YOU WANT SOMETHING ELSE?' I WENT TO TALK TO THE POLICE AND ONE OF THE GUARDS SAID I AM THE POLICE, LEAVE SIR. THEY DIDN'T WANT TO TAKE ME TO THE HOSPITAL, THEY TOOK OFF THE HANDCUFFS AND THEY KICKED ME OUT." THE STATEMENT TRANSLATED A20VE WAS DONE EXACTLY AS WRITTEN BY THE AUTHOR. STATEMENT OF DIMAS MACIAS: "ON NOVEMBER 26TH OF THIS YEAR WE ARRIVED AT THE ROMANCE DANCE HALL AND WE WENT IN. EDGAR GARDEA ENRIQUE VASQUES AND I HAD HAD TWO DRINKS WHEN ONE OF THE BARTENDERS TOOK EDGAR'S GLASS WHILE IT WAS STILL HALF FULL. WHEN EDGAR ASKED r'1�. T' T.} PAGE NO.U012 WI:UU22 uJJ i`--U2-1999 04:59 WC98G5299 FOR HIS GLASS THE SAME BARTENDER VIOLENTLY HIT THE BAR WITH THE EMPTY GLASS. EDGAR ALSO HIT THE BAR WITH HIS HAND WHILE AT THE SAME TIME TELLING HIM THAT HIS GLASS STILL HAD LIQUOR IN IT AND WAS NOT EMPTY. THE BARTENDER ANGRILY HIT HIM IN THE CHEST AT THE SAME TIME CALLED THE SECURITY GUARDS. AS HE WAS DOING THIS SEVERAL OF THE BARTENDERS JUMPED THE BAR AND THEY HIT EDGAR. ENRIQUE TOLD THEM NOT TO HIT HIM AND AT THAT MOMENT THE SECURITY GUARDS CAME AND WITHOUT KNOWING WHAT WAS HAPPENING HIT ENRIQUE WITH A BATON AND THEY THREW HIM ON THE GROUND AND THEY HIT HIM IN THE MOUTH AND THEY PUT HIM IN CUFFS AND THEY THREW HIM OUTSIDE. OUTSIDE THEY OFFERED HIM MONEY SO THERE WOULDN'T BE ANY PROBLEMS BUT ENRIQUE DID NOT WANT ANY." THE ABOVE STATEMENT WAS TRANSLATED EXACTLY AS WRITTEN BY ITS AUTHOR. STATEMENT OF EDGAR GARDEA: "WE WERE AT THE ROMANCE SALOON, ENRIQUE, DIMAS AND I EDGAR DRINKING OUR SECOND DRINK WHEN I WENT TO THE BATHROOM AND WHEN I RETURNED MY DRINK WASN'T THERE. I ASKED MY FRIENDS AND THEY SAID THAT THEY HADN'T NOTICED AND I ASKED THE BARTENDER AND ONE OF THEM TOLD ME THAT IT WAS EMPTY AND I TOLD HIM THAT IT WAS STILL HALF FULL AND THEN HE BECAME ANGRY AND HE HIT THE BAR WITH AN EMPTY GLASS AND I ALSO HIT THE BAR WITH MY OPEN HAND REPEATING TO HIM THAT MY GLASS WAS NOT EMPTY AND THEN HE HIT ME IN THE CHEST CAUSING ME TO GO BACKWARD AND THEN IMMEDIATELY CALLED SECURITY AT THE SAME TIME THE BARTENDERS JUMPED THE BAR THEY TWISTED MY HAND BACKWARDS AND THEN ENRIQUE TOLD THEM NOT TO HIT HIM AND THEN THE SECURITY GUARDS WITHOUT FINDING WHAT WAS GOING ON JUMPED HIM HITTING HIM AND THROWING HIM ON THE GROUND AND THEN THE BARTENDERS AND THE SECURITY GUARDS PUT HIM IN CUFFS AND THEY THREW US OUTSIDE IN CUFFS AND OUTSIDE ENRIQUE WAS TELLING THEM TO CALL THE POLICE BECAUSE HE HAD NOT DONE ANYTHING WRONG AND ONE OF THE SECURITY GUARDS HAD ME AGAINST THE WALL AND AFTER A LONG TIME THEY LET US GO AND THEY YELLED AT US TO LEAVE." THE STATEMENT TRANSLATED ABOVE IS EXACTLY AS WRITTEN BY ITS AUTHOR. Report Approved By: WC0065 HAFFNER, EDWARD L THIS IS THE END OF THIS REPORT PTXT PACE NO.0001 WC0022 ST53 12-02-1999 05:00 WC9805422 IWELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-542 I I Crime/Incident: POSS OF CONTROLLED SUB N/C: NARC F/M: F lAddi Offense : F/N: !Date reported : 120696 Time Rpt: 2315 Clearing case #: !Connecting cases: INCIDENT DATE -TIME -AND LOCATION IF/Date: 120698 F/T: 2315 ILoc: 33131 HY 8S IT/Date: 120698 T/T: 2345 Case status: CLEARED IDEP: WC0145 LAEGER, CLINTON City: LUCERNE ;Drugs/Alcohol: Y !Tot Prop Stolen: !Force: ;Extent Injuries: CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Y Prop Pcvd: Prop Damg: Attempted or Completed: C *****"**"******i************:r_*DATA FOR PERSON INVOLVED AS A: REP *'Name: MOLL, MATT DOB: 'Addr: 3742 W 80TH DR Phone: 303332960'9H/B: *City: WESTMINSTER St: CO Zip: OLN: *Sex: Rao: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SEC GUARD Bus Addr: BusTX: * Addl Desc Info: .4. ****************************DATA *:**x.4:.4:*:**:*;*:r:*:*DATA FOR PERSON INVOLVED AS A: WIT *"Name: TURBOLD, BRIAN DOB: *Addr: 4995 LOWEN BLVD Phone: 3034337777H/B: *City: DENVER St: CO Zip: OLN: OLS: *Sex: Rae: Eth: Hgt: Wgt: Hai: Eye: SS: *occupation: SEC GUARD Bus Addr: BusTX: *: *=Add! Desc Info: *. PTXT PACE NO.0002 WC0022 ST53 12-02-1999 05:00 WC9805422 ****************************DATA FOR PERSON INVOLVED AS A: WIT *Name: ABEYTA, DEAN DOB: *Addr: Phone: *City: St: Zip: OLN: *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: *Occupation: POLICE OFF Bus Addr: FT LUPTON :* *Addl Desc Info: or .J. BusTX: H/B: OLS: :* ********CITE AND BOOK DATA FOR PERSON WHO INVULVMENT IS: ARR *'* * * *Name: SAENZ, CARLOS G DOB: *Addr: N 11TH AV Phone: H/B: *City: GREELEY St: CO Zip: OLN: OLS: *Sex: M Rao: H Eth: H Hgt: 505 Wgt: 160 Hai: BLK Eye: BRO SS: * *Occupation: UNEMPLOYED Bus Addr: BusTX: :* CITE/LOCATION/VEHICLE INFORMATION + *Cite#: Date/Time: 1207980137 DR: GPWCO5422 OFF: WC0145 * *Location: 33131 HY 85 Accident: *Lic Number: Lie ST: Lie Yr: VIN: '* *V-yr: V -make: V -model: V -style: V -color: 4 *Court Date: Court Time: *VI0L-1:1818405E PUSS OPIUM OR COCAINE OFFS RELAT TO CONTROLLED SUBS TN *VIOL -2: *VIOL *VIOL -4: _ - - BOOKING DETAILS- *Sc/Mrk/TT: State of Birth: ARM GPD PKC No: *Charge:18184O5E POSE OPIUM OR COCAINE OFFS RELAT TO CONTROLLED SUBS TN *F/M: F Is There Addl Chgs: N Booking Date/Time : 1207980137 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WCO145 LAEGER, CLINTON *: CRM : CITE : BOOK + ----- - -- ---SYNOPSIS OR NARRATIVE-- + : NIGHTTIME HOURS, RURAL BAR SETTING, SUSPECT WAS OBSERVED IN BATHROOM, BY SECURITY GUARDS, HOLDING PLASTIC BAGGIE WITH WHITE SUBSTANCE, TURNED OUT TO BE COCAINE. `TXT PAGE NO. 0003 WC0022 ST53 12-02-1999 05:00 WC9805422 + --NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT- ----•+ (ITEM NO: 1 DESC: COPY OF BONDING INFO SHEET I IITEM NO: 2 DESC: EVIDENCE SHEET S88859 I IITEM NO: DESC: I IITEM NO: DESC: I + -- PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 120798 Item#: 1 Tag#: 588859 Store at: IBra: Mod: Ser: Pieces: 1 IDesc: PRESUMPTIVE POSITIVE COCAINE FOUND IN PLASTIC BAG OFF : WC0145 IVal: Cat: D Art: COCAIN Mak: T -Cat: Cal: IOAN: Revd -Date: R -Val: NARRATIVE/FACTS: ON 120698 AT APPROXIMATELY 2315 HOURS, I WAS DISPATCHED TO CLUB ROMANCE AT 33131 HIGHWAY 85 IN LUCERNE IN REFERENCE TO NARCOTICS COMPLAINT. UPON ARRIVAL, I CONTACTED MATT MOLL, WHO IS HEAD OF SECURITY AT CLUB ROMANCE, WHO ADVISED ME THAT ONE OF HIS SECURITY OFFICERS, BRIAN TURBOLD, HAD ENTERED THE MEN'S BATHROOM OF THE BAR, AT WHICH TIME HE OBSERVED THE DEFENDANT, CARLOS SAENZ, WITH A CLEAR PLASTIC BAGGIE IN HIS HANDS AND A WHITE POWDERY SUBSTANCE INSIDE THE BAGGIE. AT THIS TIME, TURBOLD TOOK THE BAGGIE AND HANDCUFFED THE SUSPECT, LED HIM OUTSIDE AND HAD MATT MOLL CALL THE SHERIFF'S OFFICE. I CONDUCTED A FIELD TEST KIT OF THE WHITE SUBSTANCE AND HAD A PRESUMPTIVE POSITIVE FOR COCAINE. LATER, A WEIGHT OF THE COCAINE WAS DETERMINED TO BE 0.4 GRAMS. IN LATER. TALKING WITH THE SUSPECT, HE STATED HE HAD GOTTEN THE COCAINE FROM A PERSON INSIDE THE BAR HE KNOWS ONLY AS RAMON, WHO DRIVES A WHITE PICKUP, UNKNOWN ON THE MAKE OF THE VEHICLE. CARLOS THEN VOLUNTARILY WENT WITH ME TO THE PARKING LOT AT CLUB ROMANCE IN ATTEMPT TO LOCATE THE WHITE PICKUP; HOWEVER, IT WAS ALREADY GONE. CARLOS SAENZ WAS BOOKED INTO THE WELD COUNTY JAIL FOR POSSESSION OF A CONTROLLED SUBSTANCE, AND THE COCAINE WAS BOOKED INTO GPD EVIDENCE. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT + PTXT PAGE NO.0005 WC0022 ST53 12--02-1999 05:00 WC9805422 : WC98-5422 Agency Case No. Defendant: SAENZ, CARLOS G DOB: 092577 Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 120698 Charges Statute Class 1: POSSESSION CONTROLLED SUBSTANCE 18.18.405 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST of the WELD COUNTY SHERIFF'S OFFICE, being duly sworn upon oath says that there is probable cause for the warrantless arrest of the above named defendant for the charges(s) stated above, and that the following facts are true and correct to the best of his/her knowledge, information, and belief and support the arrest of the defendant: THE FOLLOWING EVENTS OCCURRED IN WELD COUNTY, COLORADO. YOUR AFFIANT HAS LEARNED THE FOLLOWING FACTS BY PERSONAL OBSERVATIONS AND/OR READING POLICE REPORTS, AND/OR TALKING WITH OTHER PERSONS. ON 120698, AT 2320 HOURS, DEPUTY LAEGER RESPONDED TO :331'1 HIGHWAY 85, IN LUCERNE, WHICH IS THE CLUB ROMANCE BAR, IN REFERENCE TO A NARCOTICS VIOLATION. UPON ARRIVAL, DEPUTY LAEGER CONTACTED HEAD OF SECURITY, MATT MOLL, WHO ADVISED HIM THAT MEMBERS OF HIS SECURITY STAFF HAD CAUGHT THE DEFENDANT IN THE BATHROOM OF THE BAR. HE STATED THAT WHEN THEY ENTERED THE BATHROOM THE DEFENDANT WAS STANDING THERE WITH A PLASTIC BAGGIE IN HIS HAND THAT CONTAINED A WHITE POWDER SUBSTANCE. DEPUTY LAEGER THEN SPOKE WITH BRIAN TURBOLD, WHO IS A SECURITY GUARD AT CLUB ROMANCE, WHO IS THE ONE THAT ENTERED THE BATHROOM AND OBSERVED THE DEFENDANT WITH THE BAGGIE OF WHITE POWDER SUBSTANCE IN HIS HANDS. BRIAN TURBOLD ADVISED DEPUTY LAEGER THAT THE DEFENDANT WAS THE ONLY PERSON IN THE BATHROOM AT THAT TIME. THROUGH AN INTERPRETER, DEPUTY LAECER ASKED THE DEFENDANT WHERE HE HAD RECEIVED THE COCAINE FROM, AT WHICH TIME THE DEFENDANT STATED HE HAD GOT IT FROM A FRIEND OF HIS BY THE NAME OF RAMON. DEPUTY LAEGER CONDUCTED A FIELD TEST KIT OF THE WHITE POWDER SUBSTANCE WITH A PRESUMPTIVE POSITIVE FOR COCAINE. THE ABOVE INCIDENT OCCURRED AT 33131 HIGHWAY 85, IN THE TOWN OF LUCERNE, COUNTY OF WELD, STATE OF COLORADO. PTXT PAGE No.0006 W00022 ST53 1.'2-02-1999 05:00 W09805422 ant's signature subscribed and sworn to before me this Notary Date Expiration: day of 1998. Notary Address: 910 10th Avenue, Greeley, CO. ?tart' Public After reviewing the above Affidavit in Support of Warrantless Arrest, I find: Date: There is probable cause for the arrest. There is not probable cause for the arrest and the Defendant is released from custody. JUDGE PTXT PAGE NO.0008 WC0022 ST53 12-02-1999 05:00 WC9B05422 dLi WC98-5422 Agency Case No. Defendant: VEGA, ISIDORO TORRES DOB: 040483 Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : Charges Statute Class 1: POSSESSION CONTROLLED SUBSTANCE 18.18.405 2: CRIMINAL IMPERSONATION 18.5.113 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST of the WELD COUNTY SHERIFF'S OFFICE, being duly sworn upon oath says that there is probable cause for the warrantless arrest of the above named defendant for the charges(s) stated above, and that the following facts are true and correct to the best of his/her knowledge, information, and belief and support the arrest of the defendant: THE FOLLOWING EVENTS OCCURRED IN WELD COUNTY, COLORADO. YOUR AFFIANT HAS LEARNED THE FOLLOWING FACTS BY PERSONAL OBSERVATIONS AND/OR READING POLICE REPORTS, AND/OR TALKING WITH OTHER PERSONS. ON 120698, AT 2320 HOURS, DEPUTY LAEGER RESPONDED TO 33131 HIGHWAY 85 IN LUCERNE, WHICH IS THE CLUB ROMANCE BAR, IN REFERENCE -TO A NARCOTICS VIOLATION. UPON ARRIVAL DEPUTY LAEGER CONTACTED HEAD OF SECURITY, MATT MOLL, WHO ADVISED HIM THAT MEMBERS OF HIS SECURITY STAFF HAD CAUGHT THE DEFENDANT IN THE BATHROOM OF THE BAR. HE STATED THAT WHEN THEY ENTERED THE BATHROOM THE DEFENDANT WAS STANDING THERE WITH A PLASTIC BAGGIE IN HIS HAND, THAT CONTAINED A WHITE POWDERY SUBSTANCE. DEPUTY LAEGER THEN SPOKE WITH BRIAN TURBOLD, WHO IS A SECURITY GUARD AT THE CLUB ROMANCE. TURBOLD IS THE ONE THAT ENTERED THE BATHROOM AND OBSERVED THE DEFENDANT WITH THE BAGGIE OF WHITE POWDERY SUBSTANCE IN HIS HANDS. BRIAN TURBOLD ADVISED DEPUTY LAEGER THAT THE DEFENDANT WAS THE ONLY PERSON IN THE BATHROOM AT THE TIME. THROUGH AN INTERPRETER, DEPUTY LAEGER ASKED THE DEFENDANT WHERE HE HAD RECEIVED THE COCAINE FROM, AT WHICH TIME THE DEFENDANT STATED HE HAD GOT IT FROM A FRIEND OF HIS BY THE NAME OF RAMON. DEPUTY LAEGER CONDUCTED A FIELD TEST KIT OF THE WHITE POWDERY SUBSTANCE, WITH A PRESUMPTIVE POSITIVE FOR COCAINE AS A RESULT. ON 120798, AT 2200 HOURS, DEPUTY LAEGER WAS ADVISED BY DEPUTY RICH CONDREAY THAT THE PARTY, CARLOS SAENZ, THAT DEPUTY LAEGER HAD ARRESTED THE NIGHT BEFORE ON CHARGES OF POSSESSION OF A CONTROLLED SUBSTANCE HAD BEEN FOUND TO BE, ACTUALLY, ISIDORO TORRES VEGA, THE DEFENDANT, AND THAT PTXT PAGE N0.0009 WC0022 ST53 12-02-1999 05:00 WC9805422 HIS ACTUAL AGE WAS 15. DEPUTY LAEGER THEN RESPONDED TO THE NORTH JAIL COMPLEX OF THE WELD COUNTY SHERIFF'S OFFICE, AT WHICH TIME HE SPOKE WITH THE DEFENDANT'S MOTHER. THE DEFENDANT'S MOTHER, MARIE VEGA-ADAME, PROVIDED DEPUTY LAEGER A COPY OF ISIDORO'S BIRTH CERTIFICATE FROM MEXICO SHOWING HIS TRUE NAME AND AGE, AS WELL AS A PICTURE ID OF ISIDORO. DEPUTY LAEGER ALSO RECEIVED, FROM MANAGER KEN PONCELOW, TWO COPIES OF A RESTRAINING ORDER THAT WAS ISSUED BY THE MAGISTRATE ON 120798, WHERE ISIDORO HAD SIGNED THE NAME CARLOS SAENZ. DEPUTY LAEGER THEN TRANSPORTED THE DEFENDANT TO WELD ADOLESCENT RESOURCES, WHERE HE WAS BOOKED ON THE ORIGINAL CHARGE OF POSSESSION OF A CONTROLLED SUBSTANCE, AS WELL AS CRIMINAL IMPERSONATION. THE ABOVE INCIDENT OCCURRED AT 33131 HIGHWAY 85 IN THE TOWN OF LUCERNE, COUNTY OF WELD, STATE OF COLORADO. Affiant's signature Subscribed and sworn to before me this day of 1998. Notary Date Expiration: -- - Notary Public Notary Address: 910 10th Avenue, Greeley, CO. After reviewing the above Affidavit in Support of Warrantless Arrest, I find: Date: There is probable cause for the arrest. There is not probable cause for the arrest and the Defendant is released from custody. JUDGE PTXT PAGE NO.0011 WC0022 ST53 12-02-1999 05:00 WC9305422 6J J 'F_ 'WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 03 FOR CASE# : WC98-5422 Supp Date: 120898 Time: 0530 DEP: WC0145 LAEGER, CLINTON Crime/incident: POSSESSION Original Date Reported: OF CONTROLLED SUBSTANCE Case status: CLEARED Victim Name: STATE OF COLORADO Connecting case numbers: **:k:k*: :k:Y.:1 *:i•I::k.1 T* I't'**•:k*Yc:k:k:k**DATA FOR PERSON INVOLVED AS A: UTH 'Name: VEGA-ADAME, MARIE GELACIA DOB: *Addy: 411 S COURT #62 Phone: 4950280 *City: FT COLLINS St: CO Zip: 80524 OLN: *Sex: F Rac: Eth: Hgt: Wgt: Hai: Eye: SS: **Occupation: Bus Addr: BusTX: *Addl Desc Info: * ****;r:* *:kt**** *:********DATA *Name: LUNA, AMANDA *Addy: 2400 E VINE *City: FT COLLINS *Sex: F Rac: Eth: *Occupation: 'k *Addl Desc Info: FOR PERSON INVOLVED AS A: UTH DOB: Phone: 4841071 St: CO Zip: 80524 OLN: Hgt: Wgt: Hai: Bus Addr: Eye: SS: BusTX: H/B: H OLS: H/B: OLS: H :k a• k PAGE NO.0012 WC0022 ST53 12-02-1999 05:00 WC9805422 *****JUVENILE CONTACT DATA FOR PERSON WHO INVOLVMENT IS: ARR *Name: VEGA, ISIDORO TORRES DOB: *Addr: 411 S COURT #62 Phone: 9704950280H/B: *City: FT COLLINS St: CO Zip: OLN: OLS: *Sex: M Rao: W Eth: Hgt: 605 Wgt: 160 Hai: BLK Eye: BRO SS: *Occupation: Bub Addr: EusTX: + CONTACT DETAILS --- *Cite#: Prob/Paro:e: P/P Off: *Se/Mk/TT: State Born: Cont Date/Time: 1207982300 Location: 2110 W 0 ST Dispo: DET *Book Date/Time: 1207982300 BOOK NO: B/A/L: *Warr#: War/ORI: DEP: WC0145 LAEGER, CLINTON *Charge: 1818405 OFFS RELAT TO CONTROLLED SUBSTN *F/M: Addl Charges: Y : CRM : CITE : BOOK + PARENT OR GUARDIAN INFORMATION *Relation: MOTHER Name: VEGA-ADAME, MARIE GELACIA *Addr: 411 S COURT #6'2 City: FT COLLINS St: CO Phone: 9704950280 *Relation: Name: *Addr: City: St: Phone: + CONTACT NOTIFICATION INFORMATION *Who Notified: VEGA-ADAME, MARIE GELACIA N/Date: 120798 N/T: 2200 *Relation/Agency: MOTHER *Released To : LUCAS, DUANE R/Date/Time: 1207982200 +Relation/Agency: WAR + ADDITIONAL CHARGE DATA + IChg: 185113 CRIMINAL IMPERSONATION IF/M: Cite#: Warrant#: War/ORI: I + + ****4 ****.*:k:r.:k******AKA INFORMATION FOR SUBJECT*::k:****:k****:r*******k* :*.** + AKA used: SAENZ, CARLOS DOB: 092577 Sex: M Rac: * + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: CUSTODY I REPORT IITEM NO: 2 DESC: EVD SHEET S88861 IITEM NO: 3 DESC: BIRTH CERTIFICATE IITEM NO: 4 DESC: COPY OF ID PAPERS PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 120898 Item#: 1 Tag#: S88861 Store at: IBra: Mod: Ser: Pieces: 2 IDesc: COPIES RESTRAIN ORDER W/SIGNATURE "CARLOS SAENZ" OFF : WC0145 IVal: Cat: P Art: DOCUME Mak: T -Cat: Cal: }0AN: Revd -Date: R-Va1: PTXT PAGE NO.0013 WC0022 ST53 12-02-1999 05:0D WC9805422 3 + OFFICERS ON SCENE AT INCIDENT - + WCO202 NARRATIVE/FACTS: ON 12-07-98 AT APPROXIMATELY 2200 HOURS, I WAS ADVISED BY DEPUTY RICH CONDREAY THAT A PARTY I HAD ARRESTED THE PREVIOUS EVENING HAD GIVEN A FICTITIOUS NAME AND DATE OF BIRTH, AND IN FACT THAT PERSON WAS A JUVENILE AND WAS CURRENTLY SEGREGATED AT NORTH JAIL COMPLEX. UPON ARRIVAL AT THE NORTH JAIL COMPLEX, : CONTACTED CORRECTIONS OFFICER DUSTIN TANNER WHO STATED THAT A SHORT TIME EARLIER, ISADORO TORRES-VEGA WENT TO THE POD OFFICER, AFTER BECOMING SCARED IN AN ADULT POPULATION POD, AND ADVISED THE OFFICER THAT HE WAS NOT WHO HE SAID HE WAS AND THAT HE WAS IN FACT ONLY 15 YEARS OF AGE. TANNER ADVISED THAT VEGA WAS IMMEDIATELY BROUGHT DOWN FROM THE POD AND PLACED IN A ROOM BY HIMSELF IN PASSIVE HOLDING. OFFICER TANNER ADVISED ME THAT ISADORO'S MOTHER WAS WAITING IN THE LOBBY OF THE JAIL. MYSELF AND DEPUTY RICH CONDREAY CONTACTED MARIE VEGA-ADAME IN THE LOBBY OF THE JAIL, AT WHICH TIME WE OBTAINED COPIES OF ISADORO'S BIRTH CERTIFICATE FROM MEXICO. ISADORO'S MOTHER DID NOT SPEAK ANY ENGLISH AND HAD BROUGHT AMANDA LUNA ALONG TO INTERPRET. THROUGH THE INTERPRETER, MARIE WAS ADVISED THAT NOT ONLY WAS HER SON STILL BEING CHARGED WITH POSSESSION OF A CONTROLLED SUBSTANCE, THAT BEING COCAINE, BUT NOW HE WAS ALSO GOING TO BE CHARGED WITH CRIMINAL IMPERSONATION, AND SHE WAS ADVISED AS WELL THAT THERE WOULD BE AN I.N.S. HOLD PLACED ON ISADORO. I OBTAINED FROM MANAGER KEN PONCELOW TWO COPIES OF RESTRAINING ORDER THAT WAS SERVED TO ISADORO DURING BOND HEARINGS ON 12-07-98, ONE TN ENGLISH AND ONE IN SPANISH. ON BOTH RESTRAINING ORDERS, ISADORO ACCEPTED THE COPIES BY SIGNING HI NAME. ISADORO SIGNED THE NAME CARLOS SAENZ. THESE COPIES WERE ENTERED INTO EVIDENCE AT GREELEY POLICE DEPARTMENT EVIDENCE. ISADORO WAS THEN TRANSPORTED TO THE WELD ADOLESCENT RESOURCES CENTER, AT WHICH TIME HE WAS BOOKED IN FOR THE ORIGINAL CHARGE OF POSSESSION OF A CONTROLLED SUBSTANCE, AS WELL AS THE CHARGE OF CRIMINAL IMPERSONATION. NO FURTHER ACTION TAKEN BY THIS OFFICER. +---- + THIS IS THE END OF THIS REPORT + PTXT PAGE NO.Ou01 WC0022 STS.:: 12-02-1999 05:00 WC9BO5423 4- (WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5423 (Crime/Incident: POSS CONT SUBSTANCE N/C: NARC F/M: F lAddl Offense F/M: (Date reported : 120698 Time Rpt: 2315 Clearing case #: 1Connecting cases: + INCIDENT DATE -TIME -AND LOCATION---- IF/Date: 120698 F/T: 2315 ILoc: 33131 HY 85 City: LUC IT/Date: 120698 TIT: 2345 Case status: CLEARED IDEP: WC0145 LAEGER, CLINTON IDrugs/Alcohol: Y ITot Prop Stolen: IForce: (Extent Injuries: CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Y Prop Rcvd: Prop Damg: Attempted or Completed: C ****************************DATA FOR PERSON *'Name: MOLL, MATT DOB: *Addy: 3742 W 80TH DR *City: WESTMINSTER St: Zip: *Sex: M Rae: Eth: Hgt: Wgt: *Occupation: SECURITY Bus Addr: GUARD *Add' Desc Info: ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR *Name: QUIROZ-AGUILAR, MANUEL DOB: *Addy: 1329 10TH ST Phone: 9703469352H/B: H *City: GREELEY St: CO Zip: 80631 OLN: *Sex: M Rac: W Eth: Hgt: 503 Wgt: 170 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: CITE/LOCATION/VEHICLE INFORMATION *Cite#: Date/Time: 1206982345 DR: WC98-5423 OFF: WCO145 *Location: 33131 HY 85 Accident: N *Lic Number: Lic ST: Lie. Yr: VIN: *V-yr: V -make: V -model: V -style: V -color: *Court Date: Court Time: *VIOL --1: 1818405 OFFS RELAT TO CONTROLLED SUBSTN *VIOL -2: *VIOL -3: *VIOL -4: BOOKING DETAILS ULN: Hai: INVOLVED AS A: REP Phone: 3033329609H/B: H OLS: Eye: SS: BusTX: + + r. OLS: a: 4= 4 *Sc/Mrk/TT: *Charge: 18818405 OFFS RELAT TO CONTROLLED SUBSTN State of Birth: GPD PKG No: *. * -4 PTXT PAGE NO.0002 WC0022 ST53 12-02-1999 05:00 WC9805423 *F/M: F Is There Addl Chgs: N Booking Date/Time : 1207980"145 `DUI BAL: BOOK NO: Warrant #: W/0k1: *Arresting OFF: WCO]45 LAEGER, CLINTON *" : CRM : CITE : BOOK ***4********** '**'►**�':�:***** `DATA FOR PERSON INVOLVED AS A: WIT *:'+* *Name: TURBOLD, BRIAN DOB: *Addr: 4995 LOWEN BL Phone: 3034337777H/B: H *City: DENVER St: CO Zip: OLN: OLS: *Sex: Rao: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY Bus Addr: BusTX: r. GUARD *Adds Dese Info: +' *****:*:t*****:K***********:K*:K:*DATA FOR PERSON INVOLVED AS A: WIT *Name: ABEYTA, DEAN DOB: *Addr: Phone: *City: St: Zip: OLN: *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: FORT LUPTON Bus Addr: BusTX: * POLICE OFFICER *Add1 Desc Info: H/B: OLS: + SYNOPSIS OR NARRATIVE + : NIGHTTIME HOURS, RURAL BAR SETTING, SUSPECT FOUND TO BE IN POSSESSION OF COCAINE BY SECURITY GUARDS. + ---NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT ITEM NO: 1 DESC: BONDING SHEET !ITEM NO: 2 DESC: EVD SHEET S888b0 JITEM NO: DESC: I ITEM NO: DESC: --+ PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 120.98 Item*: 1 Tag*: S88860 Store at: I IBra: Mod: Ser: Pieces: 1 I IDesc: COCAINE IN $1 BILL/1.2G OFF : WCU145 i IVal: Cat: D Art: COCAIN Mak: T -Cat: Cal: JOAN: Rcvd-Date: R-Va1: NARRATIVE/FACTS: PTXT PAGE NO.0003 WC0022 ST53 12-0:.'-1999 05:00 WC9805423 ON I2-06-93 AT APPROXIMATELY 2315 HOURS, I RESPONDED TO THE CLUB ROMANCE BAR IN LUCERNE IN REFERENCE TO A NARCOTICS VIOLATION COMPLAINT. UPON ARRIVAL I CONTACTED HEAD OF SECURITY, MATT MOLL, WHO STATED THAT HIS OFFICERS HAD FOUND A MALE SUBJECT IN THE BATHROOM WHO HAD A BAGGY OF SUSPECTED COCAINE ON HIM. HE FURTHER STATED THAT WHEN CONTACTING THE PARTIES THIS PERSON WAS WITH, OFF DUTY FORT LUPTON POLICE OFFICER DEAN ABEYTA, WHO WAS WORKING AS A SECURITY GUARD AT THE BAR, FOUND ON SUSPECT QUIROZ' PERSON A ONE DOLLAR BILL FOLDED UP THAT CONTAINED A WHITE POWDERY SUBSTANCE THAT WAS LATER TESTED AND FOUND TO BE A PRESUMPTIVE POSITIVE FOR COCAINE. LATER IN TALKING WITH MANUEL QUIROZ, HE STATED THAT HE HAD FOUND THE DOLLAR BILL ALONGSIDE THE ROADWAY AND WOULD PROVIDE NO FURTHER INFORMATION. MANUEL QUIROZ WAS BOOKED INTO THE WELD COUNTY JAIL FOR POSSESSION OF CONTROLLED SUBSTANCE, AND THE DOLLAR BILL CONTAINING THE PRESUMPTIVE POSITIVE COCAINE WAS BOOKED INTO GPD EVIDENCE. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT + - 1 - Report Approved By: WC0071 COGSWELL, LE PTXT OT 3 i PAC;E ��I..GG04 WC0022 ��5� 12-02-1999 05:00 wC98054�; : WC98-5423 Agency Case No. Defendant: OUIROZ-AGUILAR, MANUAL DDB: 071679 Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 120798 Charges Statute Class 1: POSSESSION CONTROLLED SUBSTANCE 18..13.405 AFFIDAVIT IN SUPPORT OF WARRANTLESS ARREST of the WELD COUNTY SHERIFF'S OFFICE, being duly sworn upon oath says that there is probable cause for the warrantless arrest of the above named defendant for the charges(s) stated above, and that the following facts are true and correct to the best of his/her knowledge, information, and belief and support the arrest of the defendant: THE FOLLOWING EVENTS OCCURRED IN WELD COUNTY, COLORADO. YOUR AFFIANT HAS LEARNED THE FOLLOWING FACTS BY PERSONAL OBSERVATIONS AND/OR READING POLICE REPORTS, AND/OR TALKING WITH OTHER PERSONS. ON 120698, AT 2320 HOURS, DEPUTY LAEGER RESPONDED TO 33131 HIGHWAY 85, IN LUCERNE, THE CLUB ROMANCE, IN REFERENCE TO A NARCOTICS VIOLATION. UPON ARRIVAL, DEPUTY LAEGER CONTACTED MATT MOLL, WHO IS THE HEAD OF SECURITY AT THE CLUB ROMANCE BAR, WHO STATED THAT MEMBERS OF HIS SECURITY STAFF HAD CAUGHT ONE INDIVIDUAL IN THE BATHROOM WITH A BAGGIE OF COCAINE, AND THEN UPON CONTACTING THE PARTIES HE WAS WITH, IT WAS DISCOVERED THAT THE DEFENDANT HAD A WHITE POWDER SUBSTANCE FOLDED UP IN A U.S. CURRENCY, ONE DOLLAR BILL, IN THE FRONT POCKET OF HIS JEANS. MATT MOLL ADVISED THAT THE PARTY WHO HAD DISCOVERED THE WHITE POWDER SUBSTANCE IN THE BINDLE WAS OFF -DUTY FORT LUPTON POLICE OFFICER, DEAN ABEYTA, WHO WAS WORKING AT CLUB ROMANCE AS A SECURITY GUARD ON THIS NIGHT. THE DEFENDANT STATED THAT HE HAD JUST FOUND THE DOLLAR BILL LAYING ALONG SIDE THE ROADWAY AND HAD NO IDEA WHAT WAS IN IT. THE DEFENDANT LATER ON VOLUNTEERED TO A URINE TEST. DEPUTY LAEGER CONDUCTED A FIELD TEST ON THE WHITE POWDER SUBSTANCE WITH A RESULT OF PRESUMPTIVE POSITIVE FOR COCAINE. THE ABOVE INCIDENT OCCURRED AT 33131 HIGHWAY 85, IN THE TOWN OF LUCERNE, COUNTY OF WELD, STATE OF COLORADO. PTXT PAGE N0.0005 WC0022 5T53 12-02-1999 05:00 WC980523 Affiant's signature Subscribed and sworn to before me this Notary Date Expiration: Notary Public Notary Address: 910 10th Avenue, Greeley, Co. day of 1998. After reviewing the above Affidavit in Support of Warrantless Arrest, I find: Date: There is probable cause for the arrest. There is not probable cause for the arrest and the Defendant is released from custody. JUDGE PTXT PAGE NO.0007 WC0022 ST53 12-02-1.999 05:00 WC9805123 2 __- ---- + WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC98-5423 Supp Date: 120798 Time: 0108 DEP: WC0013 RUSCH, HENRY E Crime/Incident: POSSESSION Original Date Reported: 120698 CONTROLLED SUBSTANCE Case status: CLEARED Victim Name: STATE OF COLORADO Connecting case numbers: NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT I ITEM NO: 1 DESC: DRUG SCREEN TEST !ITEM NO: DESC: iITEM NO: DESC: (ITEM NO: DESC: NARRATIVE/FACTS: ON 120798, I TRANSPORTED MANUEL QUIROZ--AGUILAR WITH A UA KIT TO THE NORTH JAIL COMPLEX AT 2110 WEST 0 STREET, GREELEY, WHERE HE WAS BOOKED IN. AFTER THE BOOKING IN PROCESS, I THEN OBTAINED FROM HIM A UA SAMPLE AND COMPLETED THE ATTACHED DRUG SCREEN REPORT. IMMEDIATELY AFTER OBTAINING THE CONTAINER FROM MANUEL, A TEMPERATURE READING WAS 98. THIS READING WAS TAKEN WITHIN THE FOUR MINUTE OF COLLECTION. THE SPECIMEN WAS SEALED AND INITIALED, THEN PACKAGED AND GIVEN TO DUSTIN TANNER, DEPUTY AT THE NORTH JAIL FACILITY, WHO PLACED IT INTO THE SPECIMEN CONTAINER FOR PICK-UP BY THE DRUG COMPANY. NO FURTHER ACTION TAKEN BY THIS OFFICER AT THIS TIME. CASE STANDS CLEARED BY ARREST. + THIS IS THE END OF THIS REPORT + Report Approved By: WCOO71 COGSWELL, LES PTXT PAGE NO.0O08 WC0022 ST53 12-02-1999 05:00 WC9805423 3 +- IWELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 3 FOR CASE# : WC98-5423 i I Supp Date: 012199 Time: 1400 DEP: WC0013 RUSCH, HENRY E Crime/Incident: POSSESSION Original Date Reported: 120698 CONTROLED SUBSTANCE Case status: CLEARED Victim Name: STATE OF COLORADO I Connecting case numbers: + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT -+ IITEM NO: 1 DESC: COPY OF TEST IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: NARRATIVE/FACTS: I RECEIVED THE ATTACHED TESTING RESULTS FROM QUEST DIAGNOSTICS IN REFERENCE TO THIS CASE. THE TEST INDICATES A POSITIVE FOR COCAINE. NO FURTHER ACTION TAKEN BY THIS OFFICER. REQUEST A COPY OF THIS REPORT BE SENT TO DISTRICT ATTORNEY'S OFFICE. + + THIS IS THE END OF THIS REPORT Report Approved By: WC0071 C0GSWELL, 1-TXT PAGE Nu.00U1 WCUUz2 ST53 12-02-1999 05:01 WC9805424 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-5424 Crime/Incident: 3RD DEG ASSAULT N/C: ASLTS F/M: M Addl Offense F/N: Date reported : 120698 Time Rpt: 0200 Clearing case #: Connecting cases: +---- ----- INCIDENT DATE -TIME -AND LOCATION 1F/Date: 120698 F/T: 0130 ILoc: 33131 HY 85 IT/Date: 120798 T/T: 0200 Case status: FILED WITH DA IDEP: WC0145 LAEGER, CLINTON (Drugs/Alcohol: ITot Prop Stolen: IForce: (Extent Injuries: CASE STATUS AND MISC DATA City: LUC Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: Attempted or Completed: C x***: *:+**a. a'******:*a.4* *t;**.,DATA FOR PERSON *Name: CRUZ, MARIA DOB: *Addr: 333 N MELDRUM ST #4 *City: FT COLLINS St: CO Zip: *Sex: F Rac: Eth: Hgt: Wgt: *Occupation: Bus Addr: * *Adds Desc Info: *****.v:t:* *****4 **** * *****:.*DATA *Name: ABEYTA, DEAN *Addr: *City: St: Zip: *Sex: M Rac: Eth: Hgt: Wgt: *Occupation: FT LTJPTON Bus Addr: POLICE OFFICER/SECURITY GUARD *Addl Desc Info: * OLN: Hai: INVOLVED AS A: VIC Phone: 4160990 Eye: QJ. BusTX: FOR PERSON INVOLVED AS A: WIT DOB: Phone: OLN: Hai: Eye: SS: BusTX: H/B: OLS: 4 t.• H/B: 4- OLS: 4 4. Hello