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Home My WebLink About960148.tiffRESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING TO DETERMINE WHETHER OR NOT TO RENEW TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR HELEN AND ISAURO CHAVEZ, DBA EL ROJO LOUNGE 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 §12-47-106(1)(b), CRS, 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 by it, and WHEREAS, Helen and Isauro Chavez, dba El Rojo Lounge, hold a Tavern Liquor License, with extended hours, to sell malt, vinous, and spirituous liquors, by the drink for consumption on the premises only, said license being conditionally approved by the Board and expiring on February 23, 1996, and WHEREAS, at a probable cause hearing on January 17, 1996, at 9:00 a.m., Isauro and Helen Chavez, the applicants, were present and were given the opportunity to respond, and the Board considered evidence in the form of testimony and written reports which gave it probable cause to believe that the following factors of Ordinance No. 102-A exist and the following Conditions of Approval of said license have not been complied with by the El Rojo Lounge and thereby require the scheduling of a show cause hearing pursuant to the procedures of Ordinance No. 102-A: Ordinance No. 102-A Factors: 1. Whether there have been any violations in the last one-year period by the licensee or by any of the agents, servants, or employees of this licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. 2. Evidence showing excessive noise, rowdiness, or disturbances on a continuous basis in the immediate area of the licensed premises which has been substantially a result of the operation of the licensed premises. 3. Evidence that a person or person(s) convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while ability impaired did become intoxicated at said licensed premises. 960148 cc- SO; 69 (have,; K(uneLC0019 RE: SHOW CAUSE HEARING FOR TAVERN LIQUOR LICENSE - EL ROJO LOUNGE PAGE 2 Conditions of Approval of Tavern Liquor License as set forth in the Board's Resolution dated February 9, 1995: 1. No one under 21 years of age may be allowed into the establishment except band members and staff. 2. A valid picture I.D. is required from all patrons. 4. Training is required for all security guards, bartenders, and owners. 5. The establishment may only sell alcohol on Fridays, Saturdays, and Sundays, but must stop selling alcohol at 11:59 p.m. on Sundays. WHEREAS, by Resolution, the Board deemed it advisable to set a show cause hearing concerning the renewal of the Tavern Liquor License, with extended hours, issued to Helen and Isauro Chavez, dba El Rojo Lounge, on February 12, 1996, at 9:00 a.m., to allow the Board to consider evidence for the determination of whether or not any or all of the above listed factors existed, and whether or not any or all of the Conditions of Approval of said license had been violated, and, if so, if there was sufficient evidence of the existence of any of the items listed in the "Phase II" portion of Ordinance No. 102-A which would exacerbate or ameliorate the situation, and WHEREAS, at said hearing on February 12, 1996, Isauro and Helen Chavez, the applicants, and their Attorney, Charles Kline, were present, and the Board heard all of the testimony and statements of all those present, heard the recommendations of the Weld County District Attorney's Office and the Weld County Sheriffs Office, and studied all of the exhibits and evidence presented in this matter and, having been fully informed, finds that a preponderance of such evidence shows the existence of the following factors from Ordinance No. 102-A with respect to the El Rojo Lounge over the past year 1. There have been violations in the last one-year period by the licensee and/or by the agents, servants, or employees of this licensee of the provisions of the Colorado Liquor Code, and/or the rules or regulations authorized pursuant to the Colorado Liquor Code and/or the terms, conditions, or provisions under which the license was issued. Specifically, the applicants have not complied with Conditions of Approval #1, #2, #4, and #5, as set forth in the Board's Resolution dated February 9, 1995; the applicants' testimony regarding the sale of liquor after hours and the sale of packaged liquor; and the credibility of the date of installation of the monitoring camera. 2. There is unrefutable evidence that at least six (6) persons convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while ability impaired did become intoxicated at said licensed premises. 960148 LC0019 RE: SHOW CAUSE HEARING FOR TAVERN LIQUOR LICENSE - EL ROJO LOUNGE PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for renewal of the Tavern Liquor License, with extended hours, for Helen and Isauro Chavez, dba El Rojo Lounge, be, and hereby is, denied based on the following reasons: 1. The existence of Factors #1 and #3 of Ordinance No. 102-A with respect to the El Rojo Lounge over the past year. 2. The aggravation of said factors by the following items in the "Phase II" portion of Ordinance No. 102-A: a. b. e. and f. There have been at least six (6) persons convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while ability impaired after becoming intoxicated at said licensed premises. One of the incidents involved a fatality on 1-25. Incidents of this type are a serious risk to the safety of the public. Although the applicants have taken some corrective actions in terms of training of personnel and installation of the parking lot lighting, they have failed to take the corrective actions necessary to comply with Conditions of Approval #1, #2, #4, and #5 set forth in the Board's February 9, 1995, Resolution. This is the third consecutive year the applicants have been before the Board for renewal hearings. The applicants appear to be incapable of and/or unwilling to correct the problems in their operation which have led to the incidents upon which the Board heard evidence at the Show Cause Hearing. The same type of incidents occurred repeatedly during the past year, and there appears to be a high likelihood the incidents will occur again if the license is renewed. I. and j. Previous conditions placed upon the applicants have not been met. BE IT FURTHER RESOLVED by the Board that no liquor or other alcoholic beverages shall be sold at the licensed premises after 11:59 p.m., February 23, 1996. 960148 LC0019 RE: SHOW CAUSE HEARING FOR TAVERN LIQUOR LICENSE - EL ROJO LOUNGE PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AP eputy Cle to the Board D AS TO F ounty Attorne FXCIJSFr) r)ATF OF SIf;NINf Barbra J. KirkmeyekChair 0 Ba er, Pr,-Te Dale K. Hall Constance L. Harbert A �;% W. . Web ter (AYF) Zeoz 960148 LC0019 HEARING CERTIFICATION DOCKET NO. 96-05 RE: SHOW CAUSE HEARING TO CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR ISAURO AND HELEN CHAVEZ, DBA EL ROJO LOUNGE A public hearing was conducted on February 14, 1996, at 9:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tem Commissioner Dale K. Hall Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Sheriffs Office Deputies, Mark Profitt and William Esch Deputy District Attorney, William Starks Court Reporter, Linda Koenig of Billings Reporting Service The following business was transacted: I hereby certify that pursuant to a notice dated January 17, 1996, and duly published February 1, 1996, in the North Weld Herald, a public hearing was conducted to consider the renewal of a Tavern Liquor License, with extended hours, for Isauro and Helen Chavez, dba El Rojo Lounge. Bruce Barker, County Attorney, made this a matter of record and reviewed the previous actions of the Board as well as the Board's procedures for today, including Phases I and II of this hearing. William Starks, Deputy District Attorney, presented a brief outline and called the following witnesses, who were all sworn in by the court reporter: Don Nadow, Colorado State Patrol; Deputy William Esch, Weld County Sheriffs Office; David Sauter, State of Colorado Liquor Enforcement Division; Deputy Mark Profitt, Weld County Sheriffs Office. Charles Kline, Attorney representing the applicants, then called the following witnesses, who were also sworn in by the court reporter: Helen Chavez and Isauro Chavez, applicants. Said witnesses responded to questions from the Board, Mr. Starks, and Mr. Kline. Let the record reflect the following were submitted: Respondents' Exhibit A - Basic Security Guard Instruction Certificates and Outline; Respondents' Exhibit B - Receipts from Nor -Colo Distributing Company; and Respondents' Exhibit D - Inspection Report dated December 15, 1995, from David Sauter. No public testimony was offered concerning Phase I of this hearing. Mr. Barker reviewed the Petitioners° Exhibits 1 through 19 and further outlined the Board's procedure including a finding of the four factors listed in Ordinance No. 102-A. 960148 LC0019 RE: HEARING CERTIFICATION - TAVERN LIQUOR LICENSE FOR EL ROJO LOUNGE PAGE 2 Commissioner Hall referenced Factor #1 of Ordinance No. 102-A and stated he has considered evidence and testimony concerning the patrons' lack of valid identification. He questioned the truthfulness of the applicants' testimony regarding the sale of liquor after hours, the sale of packaged liquor, and when the monitoring camera was installed. Commissioner Hall then referenced Factor #3 of Ordinance No. 102-A regarding evidence of the DUI incidences in the area related to the El Rojo Lounge and moved to find that Factors #1 and #3 of Ordinance No. 102-A exist. Commissioner Baxter seconded the motion. Commissioner Harbert agreed with Commissioner Hall. Responding to Chair Kirkmeyer, Mr. Barker confirmed the finding that the Conditions of Approval have been violated fits into finding that Factor #1 of said ordinance exists. The motion then carried unanimously. Mr. Barker then reiterated the Board's procedure for Phase II of this hearing. Mr. Kline requested the Board consider evidence and testimony referencing Items A through K of Ordinance No. 102-A and submitted Respondents' Exhibit C - "Evans Police Department Fee Schedule" with attached list. Mr. Starks then again questioned Ms. Chavez and Deputy Profitt, who also responded to questions from the Board and Mr. Kline. Mr. Barker noted for the record Exhibit 20 is the affidavit for sign posting. No public testimony was offered on Phase II of this hearing. Mr. Starks stated his position is that the license be canceled; however, if the Board does renew said license, he suggested Deputy Profitt's recommendations be followed. He noted the training had some effect; however, concerns still exist regarding the after-hours sales and the various stories. Mr. Kline stated alcohol can cause problems; however, he noted this establishment is a unique bar with unique patrons and the owners have improved the operation since last year. He reviewed numerous options for further improvements, which the applicants are willing to employ. (Changed to Tape #96-05 during Mr. Kline's rebuttal statements.) Mr. Barker clarified the Board's procedure and referenced Items A through K of Ordinance No. 102-A. Chair Kirkmeyer stated it is difficult to revoke a license; however, due to the large number of alcohol -related accidents and considering Factors #1 and #3, as well as Items A through K of the Phase II portion of Ordinance No. 102-A, she believes this license should be revoked. Commissioner Harbert considered Chair Kirkmeyer's comments and the number of major violations over the past three years and moved to deny the renewal of the Tavern Liquor License, with extended hours, for Isauro and Helen Chavez, dba El Rojo Lounge, based on the findings as stated by Chair Kirkmeyer. Mr. Barker clarified the motion should actually be to not grant the renewal of said license, and Commissioner Harbert agreed. The motion was seconded by Commissioner Baxter, who stated he was inclined to give the applicants another chance; however, problems have been continual, and he is unsure they can be corrected. Commissioner Webster reiterated the Board has had at least two confrontations with El Rojo and noted the jail is already half full of people with DUI's; therefore, he, too, will concur with the motion, although he does not want to make El Rojo an example. The motion then carried unanimously. 960148 LC0019 RE: HEARING CERTIFICATION - TAVERN LIQUOR LICENSE FOR EL ROJO LOUNGE PAGE 3 This Certification was approved on the 26th day of February, 1996. APPROVED: ty Clerk to the Board uty Cler f o the Board TAPE #96-04 and #96-05 DOCKET #96-05 LC0019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FXCIJSFr1 r)ATF fF SIGNING; Barbaranl. Kirkmeyer,,Chair eorge (Baxter, Pro,-Te Dale K. Hall ( _��-moo Constance L. Harbert W. H. Webster (AYF) k2a 2 giv,v 960145 LC0019 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF FEBRUARY, 1996: DOCKET #96-05 - SHOW CAUSE HEARING FOR RENEWAL OF TAVERN LIQUOR LICENSE - HELEN AND ISAURO CHAVEZ, DBA EL ROJO LOUNGE DOCKET #96-02 - USR #1100 for JOE R. GAONA PLEASE legibly write or print your name and complete address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING (Ala) /-014 ,44u -u / 771- 373, rja /z `% gl / f c (J o Lc n -'C i///c(f < CV7E CO y ,� 0 6)1O e5 q�.C'((ie IC �1�70 ��..� cr ELk(.9—(' it ‘ThL �_,J C G 2tru f (C £z K(2 so Plttc ,,� /� G„yiJ -6 ter/7‘....+S_/� 49e T %/tvr'iry- A>c Se) 33O A0, S. , br /d.wrzy.0 L�r ht2wdl �tY�tL/)ia 1717 fkt) (1/C i/4 V ((4x(ctir 2c'f'3� ccid„t j3% Z1) Y' %w, rr>9 ' CD Yc J/ E,. (Ptc}V A c91O IG Ftc. CS(`-l'P«* C. %tic -31 960148 NOTICE Pursuant to the Liquor Code of the State of Colorado and Weld County Ordinance No. 102, as amended, a public 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, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax (970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that the relative documents may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 96-05 Helen and Isauro Chavez dba El Rojo Lounge 3101 Highway 119 Longmont, Colorado 80501-9543 DATE: February 12, 1996 TIME: 9:00 a.m. REQUEST: Renewal of the Tavern Liquor License, with extended hours. ISSUES: 1. If a preponderance of the evidence shows that with respect to Helen and Isauro Chavez, dba El Rojo Lounge, at least one of the following Conditions of Approval set forth in the Board of County Commissioners' February 9, 1995, Resolution approving the renewal of the Tavern Liquor License for 1995, has been violated: a. No one under 21 years of age may be allowed into the establishment except band members and staff. b. A valid picture I.D. is required from all patrons. c. Training is required for all security guards, bartenders, and owners. d. The establishment may only sell alcohol on Fridays, Saturdays, and Sundays, but must stop selling alcohol at 11:59 p.m. on Sundays. 960148 NOTICE - EL ROJO LOUNGE TAVERN LIQUOR LICENSE PAGE 2 2. If a preponderance of the evidence shows that with respect to Helen and Isauro Chavez, dba El Rojo Lounge, at least one of the following three factors set forth in Weld County Ordinance No. 102-A exists: a. Whether there have been any violations in the last one-year period by the licensee or by any of the agents, servants, or employees of this licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. b. Evidence showing excessive noise, rowdiness, or disturbances on a continuous basis in the immediate area of the licensed premise which has been substantially a result of the operation of the licensed premise. c. Evidence that a person or person(s) convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while ability impaired did become intoxicated at said licensed premise. 3. If one of the above stated three factors from said Ordinance No. 102-A is found to exist, and if there is sufficient evidence of the existence of any of the items listed in the "Phase II" portion of said Ordinance No. 102-A which may exacerbate or ameliorate the situation. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: January 17, 1996 PUBLISHED: February 1, 1996, in the North Weld Herald 960148 P 387 472 337 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse PS Form 3800, June 1985 Sent to Helen and Isauro Chave Street and No. dba El Ro ' Lounge 3101 Highway 119 P 0 State and ZIP Code Longmont, CO 80501- 9 Postage g Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery XX TOTAL Postage and Fees S Postmark or Date 01/30/96 SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can return this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Write "Return Receipt Requested" on the mailpiece next to the article number. 3. Article Addressed to: Helen and Isauro Chavez dba El Rojo Lounge 3101 Highway 119 Longmont, CO 80501-9543 5. Signature (Addressee) 6. Sign PS Form 43 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number 4b. Service Type CI Registered (Certified ❑ Express Mail ❑ Insured ❑ COD ❑ Return Receipt for Merchandise 7. Date ofvfperQ•,Q y if requested October 1990 ru. Taro: tno—tnam r . RECEIPT NOTICE Pursuant to the Liquor -Code of the -State of Colorado and Weld County Ordinance No. 102, as amended, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weldd-County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested -to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter -to make a record of -the proceedings, in addi- tion to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or tax (970) 352-0242 prior to the day of the hearing so that reasonable accom- modations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in or- der to participate in this hearing as a result of a disability. BE IT ALSO KNOWN thatthe relative doc- uments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 96-05 Helen and Isauro Chavez dba El Rojo Lounge 3101 Highway 119 Longmont, Colorado 80501-9543 DATE: February 12, 1996 TIME: 9:00 a.m. REQUEST: Renewal of the Tavern Liquor License, with extended hours. ISSUES: 1. If a preponderance of the evi- dence shows that with respect to Helen and Isauro Chavez, dba El Rojo Lounge, at least one of the following Conditions of Approval set forth in the Board of County Commissioners' February 9, 1995, Resolution approving the renewal of the Tavern Liquor License for 1995, has been violated: a. No one under 21 years of age may be al- lowed into the establishment except band members and staff. b. A valid picture I.D. is required from all pa- trons. c. Training is required for all security guards, bartenders, and owners. d. The establishment may only sell alcohol on Fridays, Saturdays, and Sundays, but must stop selling alcohol at 11:59 p.m. on Sundays. 2. If a preponderance of the evidence shows that with respect to Helen and Isauro Chavez, dba El Rojo Lounge, at least one of the following three factors set forth in Weld County Ordinance No. 102-A exists: a. Whether there have been any violations in the last one-year period by the licensee or by any of the agents, -servants, or em- ployees of this licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. b. Evidence showing excessive noise, rowdiness, or disturbances on a continuous basis in the immediate area of the licensed premise which has been substantially a re- sult of the operation of the licensed premise. c. Evidence that a person or person(s) con- victed under §42-4-1202, CRS, of driving under the influence of alcohol or driving while ability impaired did become intoxi- cated at said licensed premise. 3. If one of the above stated three factors from said Ordinance No. 102-A is found to exist, and if there is sufficient evidence of the existence of any of the items listed in the "Phase II" portion of said Ordinance No. 102-A which may exacerbate or ameliorate the situation. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: January 17, 1996 PUBLISHED: February 1, 1996, in the North Weld Herald AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUNTY OF WELD SS. I, Bruce J. Bormann, of said County of Weld, being duly sworn, say that I am Publisher of THE NORTH WELD HERALD a weekly newspaper having a general circulation in said County and State, published in the Town of Eaton, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly newspaper for (T1'1l_ successive weeks, that the notice was published in the regular and -entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the publication of said notice: NU7Ce ac-e/A/Q l6-05" was in said newspaper bearing the dpte(s) of: Thursday, the Thursday, the Thursday, the Thursday, the / � S day of Gfa` 7 day of day of day of 1996 1996 1996 1996 and that the said THE NORTH WELD HERALD has been published continuously and uninterruptedly for the period of 52 consecutive weeks, in said County and State, prior to the date of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate printing of legal notices and adve sements, approved May 18, 1931, and all prior acts so far =s n force. BRUJ.:ORMANN, PUBLISHER Subscribed and My commissid re me this /y day , 19 / NOTARY PUBLIC 960148 Dr 8400 1 3/951 C LORADO DEPT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN ST DENVER CO 80261 LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION CHAVEZ HELEN CHAVEZ ISAURO EL ROJO LOUNGE 131 W 10TH AVE DENVER CO 80204-4013 �r 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). All other changes of ownership 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 ................ OATH OF APPLICANT .': I declare under penalty ofperjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. AIAuttho Ized Signature ,-- a -.V l .rq�(--- Date• 11 N � �' S Business Phone I `7i 1 •- ICr 0 Title of igner (if corporation) - -ClLA"4: <- Imo- Sales Tax Number NI— (Li CI) gCil-CF,(-)O REPORT AND: APPROVAL:0F LICENSING AUTHORITY ' . The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S. THEREFORE THIS APPLICATION IS APPROVED. Local Licensing Authority for Town/City ❑ County I Date Signature Title I Attest _ _ .. _ _ _ _..... nn nlnt riKtACIu License Number License Type 09-61049-0000 I 2010 Liability Information 01 006 5813 P 022492 Business Location 31CD ( 14 u.s / In W- 16TH AVE 10 h51,,.1 oKC, co 43-1 o I -BET g c co N.y R-7 -I Current License Expires FEB 23, 1996 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. FAILURE TO FILE THIS RENEWAL AT LEAST 45 DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. DC.)N T/E7 ch DR 8400 1081951 COLORADO DEPT OF REVENUE 1375 SHERMAN ST `Business Name EL ROJO LOUNGE LICENSE NUMBER use for all reference) 09-61049-0000 RENEWED LICENSE EXPIRES AFTER 02-23-97 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) $ 276.25 UU NU I Ut I AL,H LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION 21 ADD $170.00 FOR ADD $50.00 TO RENEW RETAIL WAREHOUSE Make check payable to: Colorado Department of Revenue SUB -TOTAL EXTENDED HOURS 2190-100(999) STORAGE PERMIT 2210-100(999) TOTAL AMOUNT DUE $ t7% . Cc= $ $ Lido. .2 � 960148 DR 8401 (07/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 (303) 866-3741 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 EL R© p L-0C1/4.NCIE State License Number C9-(41OW9-oC>da 1. Operating Manairer Home Address Date of Birth 2. Do you have legal possession of the premises for which this application for license is made? If rented, expiration date of lease: Yes / 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) are materially interested. Yes No i 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 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 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 I V/ i 7. Sole owners or husband -wife partnerships answer this question. Since the date of filing of the fast 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 new owner and may not be renewed. Contact your Local Authority immediately. Yes No 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 renewed. Contact your Local Authority immediately. Yes No 9. Corporate applicants must answer this question. Since the date of filing of the last annual license application: (a) Are there, or have there been any officers or directors added to, or deleted from the corporation? If yes, complete and attach 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, or deleted from the corporation? If yes, complete and attach DR 8177 and submit to your Local Authority immediately. the Colorado Secretary of State: Yes No (c) Date of filing last annual corporate report with 10. Limited Liability Company applicants must answer this question. Since the date of filing of the last annual license application: (a) Are there, or have there been any managing members added to, or deleted from the company? If yes, complete and attach DR 8405 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 8405 and submit to your Local Authority immediately. the Colorado Secretary of State: Yes No (c) Date of filing last annual LLCO report with 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 he 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 From: m. To: m. TUESDAY HOURS From: m. To: m. WEDNESDAY HOURS From: m. To: m. THURSDAY HOURS From: m. To: m. FRIDAY HOURS From: /6 AA m. To: & Aim. SATURDAY HOURS From: /i7 A m. To: 0 N m. SUNDAY HOURS From: /O 4 m. To:4-, a m. 9601 WELD COWTY, 1995 DEC 19 1'11 9: 27 CLEF TO ili,_ December 14, 1995 Bruce Barker Weld County Attorney 915 Greeley, CO 80631 RE: El Rojo Dear Mr. Barker: It's that time again, to renew the liquor license of the EL ROJO MITE CLUB. I would like you to consider the possibility of dropping the conditions that are currently listed. I would like to regain our full credibility once again. Sincerely, Isauro and Helen Chavez cc: Attorney Charles Kline 960148 Attr, COLORADO MEMORANDUM TO: Helen and Isauro Chavez FROM: Clerk to the Board SUBJECT: Liquor License - State Fees February 28, 1996 With your application for renewal of the El Rojo liquor license, you submitted to this office a check, No. 1400, for the required State liquor license fees. Since the Board of County Commissioners did not renew said license, the application and fees will not be sent to the State. Please advise this office as to your desire for disposition of this check. If you wish, we will return it to you by certified mail, or you may pick it up personally. Please advise us as soon as possible. 960149 CERTIFICATE OF MAILING The undersigned hereby certifies that check #1400, drawn on account # at the First National Bank of Longmont, Longmont, Colorado, in the name of El Rojo Nite Club, was placed in the United States mail, by Certified Mail, Article #P387-471-706, postage prepaid, addressed to the following persons: DATED this 5th day of March, 1996. Helen and Isauro Chavez 800 Elliot Longmont, CO 80501 Deputy Clerk to the Board 82-62/1070 FAF nE %/O•� pepcZ T% Aeveinuc XI $!V%• ORDER�S • r 2v)7 /Jiec/ rI4≤; /Y 7 OLLARS iffj First National Bank / NaB of Longmont 401 Main 8l. Po. Box 1159. 7165900 Lo gmon,. Colorado 80502-1159 MEMO 2/7UdY L/re_e -' t",e I: P 387 471 7O6 U S.G.P.O. 1989-234-555 ,rm 3800, June 1985 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) se" HELEN & ISAURO CHAVEZ Street and No. 800 ELLIOT P.O.. State and ZIP Code TON MON CA ROSM Postage 5 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom Date. and Address of Delivery TOTAL Postage and Fees Postmark or Date 03/05/96 S m SENDER: o • Complete Items 1 and/or 2 for additional services. w •Complete items 3, 4a, and 4b. a„ • Print your name and address on the reverse of this form so that we can return this o card to you. • •Attach this form to the front of the mailpiece, or on the back if space does not f.! permit. y •Write'Return Receipt Requested' on the mailpiece below the article number. $ .The Return Receipt will show to whom the article was delivered and the date delivered. • 3. Article Addressed to: E E 0 I also wish to receive the following services (for an extra fee): ai 1. 0 Addressee's Address 2. 0 Restricted Delivery H Consult postmaster for fee. o, N CC C 2 W CC HELEN & ISAURO CHAVEZ 800 ELLIOT LONGMONT, CO 80501 4a. Article Number P387 471 706 2 c 4b. Service Type ❑ Registered N3 Certified ❑ Express Mail 0 Insured c ❑ Return Receipt for Merchandise O COD 0 7. Date of Delivery 0 0 5. Received By: (Print Name) t 6. Signs tur9,(A ssee,orA,ent) PS Form 3811, December 1994 3 8. Addressee's Address (Only if requested c and fee is paid) co I — Domestic Return Receipt OFFICE OF COUNTY ATTORNEY PHONE (970) 356-4000 EXT.4391 FAX (970) 352-0242 P.O. BOX 1948 GREELEY, CO 80632 Vik COLORADO CERTIFIED MAIL Charles Kline 1707 North Main, Suite 301 Longmont, CO 80501 Dear Mr. Kline: January 30, 1996 RE: Show Cause Hearing Upon Renewal of Tavern Liquor License, Helen and Isauro Chavez, d/b/a El Rojo Lounge A Show Cause Hearing upon the application for renewal for the tavern liquor license for Helen and Isauro Chavez, d/b/a El Rojo Lounge, will take place on February 12, 1996, at 9:00 a.m. in the first floor meeting room of the Weld Centennial Center Complex, 915 10th Street, Greeley, Colorado. At the Show Cause Hearing, the Board of County Commissioners will hear evidence presented by the Weld County Sheriffs Office alleging the existence of at least one of three factors set forth in Weld County Ordinance 102-A. Those factors are: 1. Whether there have been any violations in the past one year period by the licensee or by any of the agents, servants, or employees of the licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. 2. Evidence showing excessive noise, rowdiness, or disturbances on the continuous basis in the immediate area of the licensed premise which has been substantially the result of the operation of the licensed premise. 3. Evidence that a person or person(s) convicted under § 42-4-1202, C.R.S., of driving under the influence of alcohol or driving while ability impaired did become intoxicated at said licensed premise. 960148 Kline Letter Page 2 January 30, 1996 The Board of County Commissioner's Resolution approving the renewal of the tavern liquor license for 1995 included five Conditions of Approval. The Sheriffs Office will present evidence at the Show Cause Hearing on February 12, 1996, alleging that at least one of the following conditions contained in the Board's February 9, 1995, Resolution has been violated: 1. No one under 21 years of age may be allowed into the establishment, except band members and staff. 2. A valid picture ID is required from all patrons. 4. Training is required for all security guards, bartenders, and owners. 5. The establishment may only sell alcohol on Fridays, Saturdays, and Sundays, must stop selling alcohol at 1 L59 p.m. on Sundays. It is my understanding that you will represent the Chavezes. d/b/a El Rojo Lounge in the Show Cause Hearing. By letter dated January 12, 1996, I sent to you copies of all of the information presented to the Board for its consideration in the probable cause hearing on January 17, 1996. Those items included copies of the following documents: A. Weld County Ordinance 102-A. B. A letter addressed to me and dated December 26. 1995, from Mark T. Profitt, Deputy II, Weld County Sheriffs Office. The letter accompanied the various incident reports and explained some of the contacts between the Sheriffs Office personnel and the tavern during the past year. C. My Memorandum to the Board of County Commissioners dated January 5, 1996. D. The Resolution approved by the Board of County Commissioners dated February 9, 1995, which renewed the tavern liquor license for Helen and Isauro Chavez, d/b/a El Rojo Lounge. E. A listing of contacts made by Deputy Mark Profitt at the El Rojo Lounge between March 27, 1995 and October 9, 1995. F. A prosecution report from the Colorado State Patrol regarding a vehicular homicide case which occurred on October 29, 1995. Various incident reports with dates and synopses as shown on the enclosed list. 960148 Kline Letter Page 3 January 30, 1996 All of the above information was delivered by certified mail to the Chavezes at the El Rojo Lounge, 3101 Highway 119, Longmont, Colorado 80501-9543. Also enclosed are copies of the following documents: 1. General Procedures for Adjudicatory Type Hearings. These procedures are set forth in the Weld County, Colorado General Administrative Handbook. 2. Additional Incident Reports relating to the El Rojo Lounge for the following report numbers: WC9505684, WC9505685, and WC9505697. It is my understanding that the Sheriffs Office plans to present evidence relating to these incidents at the Show Cause Hearing on February 12, 1996. 3. The Resolution of the Board of County Commissioners, dated January 17, 1996, setting the Show Cause Hearing for February 12, 1996. Deputy District Attorney Bill Starks will represent the Sheriffs Office at the Show Cause Hearing. He may he reached at (970) 356-4000, extension 4706. If you should have any questions regarding this letter or the enclosed, or any questions regarding the procedures for the Show Cause Hearing, please feel free to call me at (970) 356-4000, extension 4390. Sincerely, Bruce T. Barker Weld County Attorney BTB/wi:let\kline Enclosures pc: Clerk to the Board Bill Starks 960148 tga:r 111111c. COLORADO CERTIFIED MAIL Helen and Isauro Chavez d/b/a El Rojo Lounge 3101 Highway 119 Longmont, CO 80501-9543 Dear Mr. and Mrs. Chavez: OFFICE OF COUNTY ATTORNEY PHONE (970) 356-4000 EXT.4391 FAX (970) 352-0242 P.O. BOX 1948 GREELEY, CO 80632 January 10, 1996 RE: Renewal of Liquor License for El Rojo Lounge Pursuant to Ordinance Number 102-A, the Board of County Commissioners has set a probable cause hearing regarding your application for renewal of the El Rojo Lounge tavern liquor license. The hearing has been set for Wednesday, January 17, 1996, at 9:00 a.m. It will take place in the first floor meeting room of the Weld County Centennial Center Complex, located at 915 Tenth Street, Greeley, Colorado. Enclosed is a packet of information which includes all of the incident reports and other information provided to the Board of County Commissioners by Deputy Mark Profitt of the Weld County Sheriff's Office. At the January 17th hearing, the Board will consider whether there is probable cause to believe that because of the incidents referred to in the reports and other information, one or more of the following factors exists and there is a need for a show cause hearing as a result: Whether there have been any violations in the last one-year period by the licensee or by any of the agents, servants, or employees of this licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. 2. Evidence showing excessive noise, rowdiness, or disturbances on continuous basis in the immediate area of the licensed premise which has been substantially a result of the operation of the licensed premise. 960148 Letter: El Rojo Lounge Page 2 January 10, 1996 3. Evidence that a person or person(s) convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while ability impaired did become intoxicated at said licensed premise. 4. Evidence that the licensee is no longer of good character. The Board will consider the enclosed incident reports, other information, and any testimony presented at the probable cause hearing in making its decision whether or not to set a show cause hearing. You may be present at the probable cause hearing to inform the Board of your position regarding the incidents. If you have questions after reviewing the enclosed documents, please feel free to contact me at (970) 356-4000, extension 4390. Sincerely, Bruce T. Barker' Weld County Aftorney BTB/DB:LET\ELROJO Enclosures 960148 Wilk COLORADO TO: Board of County Commissioners FROM: Bruce T. Barker, County Attorney DATE: January 5, 1996 RE: Application for Renewal of Liquor License - El Rojo Lounge The El Rojo Lounge liquor license comes up for renewal on February 23, 1996. The Board has already received the application for renewal from Helen and Isauro Chavez. I have asked Deputy Mark Profitt of the Weld County Sheriffs Office to inform the Board of County Commissioners of any liquor violations or other incidents which may have occurred at the Lounge since February, 1995. Attached is his report. Also attached is a copy of the renewal resolution dated February 9, 1995, with the five conditions of approval stated on page two. As you can see from Deputy Profitt's report, it appears that Mr. and Mrs. Chavez and the El Rojo Lounge have violated conditions numbers one, two, four, and five. Please note that your packet includes the Colorado State Patrol (CSP) report referred to by Deputy Profitt regarding two fatalities on I-25. The CSP report is entitled "Prosecution Report-. In accordance with Weld County Ordinance 102-A, I recommend that the Board of County Commissioners set the renewal application for a probable cause hearing on January 17, 1996. The probable cause hearing does not require the ten day posting requirement which is necessary for the show cause hearing, if one is set by the Board at the probable cause hearing. pc Deputy Mark Profitt Attachments 960148 EL ROJO EXHIBITS Exhibit 1. Item Notice of Show Cause Hearing; Resolution Setting Show Cause Hearing; "Training Class Detail", Submitted by Investigator David Sauter, State of Colorado, Liquor Enforcement Division; Pictures showing notice posted at El Rojo Lounge on January 26, 1996, at 23:25 hours. 2. Weld County Sheriffs Office Report 95-719. 3. Weld County Sheriffs Office Report 95-4427. 4. Weld County Sheriffs Office Report 95-4425. 5. Weld County Sheriffs Office Report 95-4735. 6. Dacono Police Department Report 95-1767. 7. Longmont Report 95-44974. 8. Dacono Police Department Report 95-1775. 9. Weld County Sheriffs Office Report 95-5299. 10. Weld County Sheriffs Office Report 95-5684. 11. Weld County Sheriffs Office Report 95-5685. 12. Weld County Sheriffs Office Report 95-5697. 13. Colorado State Patrol Report 95A1395. 960148 14. Hand written list entitled "El Rojo Bar", submitted by Deputy Mark Profitt. 15. 16. 17. 18. 19. Letter dated January 30, 1996, from Bruce T. Barker, Weld County Attorney, to Charles Kline; re: Notice of Show Cause Hearing. General Procedures for Adjudicatory Type Hearings and Weld County Ordinance 102-A. Letter dated December 26, 1995, from Deputy Mark T. Profitt to Bruce T., Barker, Weld County Attorney. Undated Memorandum from Deputy William Esch, Subject: Sewing of alcohol after midnight on Sundays at El Rojo Bar. Memorandum dated January 8, 1996, from Mark T. Profitt to Bruce T. Barker, Weld County Attorney, re: El Rojo Bar. 20. Affidavit of Mark T. Profitt. 960148 PTXT PAGE NO.0001 GP0802 RM95 02-28-1995 12:40 WELD COUNTY WC9500719 To The WELD COUNTY COURT in Greeley, Colorado, dated this : 18TH day of : FEBRUARY , 1995. Pursuant to C.R.S. 16-11-501 (1) (2) (j), The Weld Co. Sheriff's Office is requesting restitution in the amount of : $2.41 , upon conviction, for the proscution of C.R.S. 42-4-1202 from: Defendant : AGUILAR-CASTRUITA, JOSE FERNANDO DOB : Address : 15333 WCR 5 City : LONGMONT ST : CO ZIP : 80504 Charges 42413011A DRIVING UNDER INFLUENCE ;S'' 42413012A DROVE VEH W/EXCESS ALCOHOL �'tith) EXPENSE CALCULATION Intoxilyzer Supply, Silica Gel Tube $1.98 Intoxilyzer Supply, Mouthpiece $0.23 Intoxilyzer Supply, Test card $0.20 Total : $2.41 Payable to Comments APPROVAL D.A. Weld County Sheriff's Office 910 10th Avenue Greeley, Colorado 80631. DISTRICT/COUNTY COURT JUDGE 960148 PTXT PAGE NO.0002 GP0802 RM95 02-28-1995 12:40 WELD COUNTY WC9500719 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-719 Crime/Incident: DUI - N/C: DUI F/M: M Addl Offense : F/M: Date reported : 021895 Time Rpt: 0028 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 021895 F/T: 0028 Loc: 1000 HWY 119 IT/Date: T/T: Case status: CLEARED 'DEP: WC0076 PROFITT, MARK T + CASE STATUS AND MISC DATA 'Drugs/Alcohol: Y 'Tot Prop Stolen: 'Extent Injuries: Domestic Viol: Evidence/Photos: Y Prop Rcvd: Prop Damg: +************************DATA FOR A PERSON INVOLVED AS A: VIC *Name: STATE OF COLORADO DOB: - *Addr: Phone: *City: St: Zip: OLN: *Sex: Rac: Eth: *Occupation: Bus Addr: BusTX: ***+ * H/B: OLS: * * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR *Name: AGUILAR-CASTRUITA, JOSE DOB: *Addr: 15333 WCR 5 Phone: H/B: *City: LONGMONT St: CO Zip: 80504 OLN: OLS: *Sex: M Rac: H Eth: H Hgt: 500 Wgt: 145 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION *Cite#: WC9139 Date: 021895 Time: 0028 DR: 95-7 *Location: 12000 WCR 1 *Lic Number: H1Y4337 Lic ST: CO Lic Yr: VIN: *V-yr: 86 V -make: OLDS V -model: V -style: 2D *Court Date: Court Time: *VIOL -1: 42413011A DRIVING UNDER INFLUENCE (95) *VIOL -2: 42413012A DROVE VEH W/EXCESS ALCOHOL (95) *VIOL -3: *VIOL -4: * BOOKING DETAILS *Sc/Mrk/TT: State of Birth: FILL: *Charge: 42413011A DRIVING UNDER INFLUENCE (95) *F/M: M Is There Addl Chgs: Y Booking Date: 021895 Book Time: 0040 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK 19 DEP: WC0076 Accident: V -color: MAR * * * * * 960148 * * * * PTXT PAGE NO.0003 GP0802 RM95 02-28-1995 12:40 WELD COUNTY WC9500719 + ADDITIONAL CHARGE DATA + IChg: 42413012A DROVE VEH W/EXCESS ALCOHOL (95) IF/M: M Cite#: WC9139 Warrant#: War/ORI: I + + ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR **** *Name: AGUILAR-CASTRUITA, JOSE DOB: * *Addr: 15333 WCR 5 Phone: H/B: * *City: LONGMONT St: CO Zip: 80504 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: WC9138 Date: 021895 Time: 0028 DR: 95-719 DEP: WC0076 * *Location: 12000 WCR 1 Accident: * *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V -make: V -model: V -style: V -color: * *Court Date: Court Time: * *VIOL -1: 424217 FAILED TO DIM LIGHTS (95) *VIOL -2: 4241101 SPEEDING (95) *VIOL -3: *VIOL -4: * BOOKING DETAILS * • *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 424217 FAILED TO DIM LIGHTS (95) *F/M: M Is There Addl Chgs: Y Booking Date: 021895 Book Time: 0040 * *DUI BAL: BOOK NO: Warrant #: W/ORI: * *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK + ADDITIONAL CHARGE DATA + IChg: 4241101 SPEEDING (95) )F/M: M Cite#: WC9138 Warrant#: War/ORI: I + + + SYNOPSIS OR NARRATIVE + : NIGHTTIME, RURAL HIGHWAY, VEHICLE STOPPED ON TRAFFIC CHARGES. DRIVER FOUND TO BE DUI. WEATHER WAS CLEAR AND ROADS WERE DRY. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT ITEM NO: 1 DESC: BONDING SHEET ITEM NO: 2 DESC: SUMMONS WC9138, WC9139 ITEM NO: 3 DESC: INTOX PAPERWORK ITEM NO: 4 DESC: NOTICE OF REVOCATION ITEM NO: 5 DESC: EVID SHEET S35449 ITEM NO: 6 DESC: TOW SHEET 960146 PTXT PAGE NO.0004 GP0802 RM95 02-28-1995 12:40 WELD COUNTY WC9500719 Vyr : 86 Vma: OLDS Vmo: CUT Vst: 2D Vco: MAR VIN: 1G3GR47Y9GP309362 Stored: GRAN PRE TOWING Tow: Y Type: Cond: Interior: Wheels: Windows: Spc-feat: Exterior: Damage: Lts-out: #Occ: Ign locked: Doors locked: Rey in car: Paymts curr: *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: *Name: AGUILAR-CASTRUITA, JOSE DOB: Sex: *Addr: Phone: *City: St: Zip: OLN: + DEPUTIES/OFFICERS ON SCENE AT INCIDENT WC0065 HAFFNER, EDWARD L Date: 021895 Item#: -1 Bra: Mod: Desc: SILICA GEL TUBE DEP : WC0076 Val: OAN: PROPERTY THAT IS INVOLVED AS: EVD Tag#: S35449 Store at: Ser: Pieces: 1 Cat: X Art: SILGEL Mak: T -Cat: Cal: Rcvd-Date: R -Val: Date: 021895 Item#: 2 Bra: Mod: Desc: TEST SHEET DEP : WC0076 Val: OAN: PROPERTY THAT IS INVOLVED AS: EVD Tag#: S35449 Store at: Ser: Pieces: 1 Cat: X Art: RISC Mak: T -Cat: Cal: Rcvd-Date: R -Val: DATA REGARDING A VEHICLE INVOLVED AS A: SUS Date: 021895 Lic: H1Y4337 LIS: CO LIY: 95 LIT: PC Val: DEP: WC0076 Modif: Tire -pat: Weapons: OWN **** Rac: H/B: OLS: 960148 PTXT PAGE NO.0005 GP0802 RM95 02-28-1995 12:40 WELD COUNTY WC9500719 DUI OBSERVATIONS ***REASON FOR CONTACT*** SPEEDING 84 IN A 55 MILE PER HOUR ZONE AND(S)TO DIM HEADLIGHTS *ROAD CONDITIONS. DRY *TRAFFIC. MODERATE *BREATH STRONG ODOR OF AN ALCOHOLIC BEVERAGE *EYES RED AND BLOODSHOT AND SLEEPY - *SPEECH LIMITED ENGLISH *DEXTERITY FUMBLED FINGERS *CLOTHING MUSSED *EXITING THE VEHICLE UNSTEADY HAD TO LEAN AGAINST VEHICLE *WALKING TO ROADSIDES UNSTEADY *STANDING UNSTEADY ***ROADSIDE STATEMENTS*** *HOW MUCH HAVE YOU HAD TO DRINK? 960148 PTXT PAGE NO.0006 GP0802 RM95 02-28-1995 12:40 WELD COUNTY WC9500719 THREE OR FOUR BEERS ***CHEMICAL TEST SECTION*** *SUSPECT WAS ADVISED OF EXPRESS CONSENT AS PER STATE STATUTE./RESPONSE. I'LL TAKE A BREATH TEST. I DON'T LIKE BLOOD ***CHEMICAL TEST PROCEDURES/RESULTS*** THE SUSPECT SUBMITTED TO A BREATH TEST. *INTOXILYZER RAN BY PROFIT INTOXILYZER RESULTS WERE 0.169 OF ALCOHOL PER 210 LITERS OF BREATH WHICH IS PER -SE. THE SUSPECT'S DRIVERS LICENSE WAS PHYSICALLY TAKEN. *SUSPECT WAS PERSONALLY SERVED WITH A COPY OF THE STATE OF COLORADO REVOCATION FORM. NARRATIVE/FACTS: AT THE LISTED TIME AND DATED I OBSERVED THE LISTED VEHICLE DRIVING WESTBOUND ON COLORADO HIGHWAY 119 IN THE AREA OF WELD COUNTY ROAD 3 1/2. THE VEHICLE WAS RAPIDLY OVERTAKING TRAFFIC GOING IN THE SAME DIRECTION AND WAS ALSO DRIVING WITH HIS BRIGHT LIGHTS ON. I FLASHED MY BRIGHTS AT HIM TWICE AT WHICH TIME THE DRIVER FAILED TO DIM HIS AS HE PASSED ME. I ALSO USED THE K55 MOVING RADAR IN MY VEHICLE TO DETERMINE THAT THE VEHICLE SPEED WAS 84 MILE PER HOUR. THE POSTED SPEED LIMIT IS 55 MILES PER HOUR. I MADE A U-TURN AND PROCEEDED TO CATCH UP TO THE VEHICLE JUST AS HE WAS TURNING NORTHBOUND ONTO COUNTY ROAD 1. AS I FOLLOWED THE VEHICLE HE CROSSED THE CENTER LINE THREE TIMES AND DROVE ONTO THE SMALL DIRT SHOULDER OF COUNTY ROAD 1, SEVEN TIMES. ON THE SEVENTH TIME HIS VEHICLE NEARLY WENT INTO THE BARROW DITCH AT WHICH TIME I DECIDED TO INITIATE A TRAFFIC STOP. THE DRIVER OF THE VEHICLE WAS SLOW TO STOP FOR MY OVERHEAD LIGHTS AND WHEN HE DID STOP HE WAS MOSTLY ON THE PAVEMENT. I CONTACTED THE DRIVER AND IDENTIFIED HIM AS THE DEFENDANT. I ALSO MADE THE LISTED OBSERVATIONS OF THE DRIVER AFTER I CONTACTED HIM. THE DEFENDANT AGREED TO TAKE A BREATH TEST AT WHICH TIME I PLACED HIM IN CUSTODY AND PLACED HIM IN THE BACK OF MY PATROL CAR. AS WE WERE ENROUTE TO THE WELD COUNTY JAIL FOR AN INTOXILYZER THE DEFENDANT THREW UP FOUR TIMES IN THE BACK OF MY PATROL UNIT. UPON OUR ARRIVAL TO THE JAIL I HAD TO RESTART THE 20 MINUTE TIME PERIOD DUE TO THE FACT THAT THE DEFENDANT THREW UP ONCE MORE ONCE WE GOT INSIDE THE BUILDING. THE DEFENDANT DID FINALLY COMPLETE THE INTOXILYZER CHEMICAL TEST WITH THE LISTED RESULTS. I ALSO WAS ABLE TO DETERMINE THROUGH THE DEFENDANT'S STATEMENTS THAT EARLIER THIS EVENING HE HAD PICKED UP HIS BROTHER AND A GIRLFRIEND AND THAT THEY HAD GONE TO THE EL ROJO BAR WHERE HE HAD BEEN DRINKING JUST PRIOR TO MY STOPPING HIM. HE ALSO ADMITTED THAT HE HAD JUST LEFT THE BAR JUST PRIOR TO MY STOPPING HIM. THE DEFENDANT WAS BOOKED INTO THE 960148 PTXT PAGE NO.0007 GP0802 RM95 02-28-1995 12:40 WELD COUNTY WC9500719 WELD COUNTY JAIL AND RECOMMENDED FOR A PR BOND. I COMPLETED MY PAPERWORK AND THEN LEFT THE JAIL WITHOUT FURTHER INCIDENT. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: WC0012 SPALDING, WILLIAM E 960148 DR 2576 (06/92) COLORADO DEPARTMENT OF REVENUE DRIVER CONTROL SECTION 140 W 6TH AVENUE ROOM 102 DENVER CO 80204-5195 AFFIDAVIT AND NOTICE OF REVOCATION YOU MUST ACT WITHIN 7 DAYS Number 095465 THIS IS A LEGAL DOCUMENT RespondenV ame (last, first, mi ll le) HltutAt /43r ttIT .�. �)E>.5f /'c7 iga,3c Date of Birth (MO/DAVNR) Address (street, city, state, zip) 4511) INICR- 6— CI St to A2 Soda Security Number 1 �.rv,-1 Sex . Weight /YJ Height sD 4.� Eyes v&v Commercial Driver License Dyes no Commercial Motor Vehicle ❑ yes g no Hazardous Materials ❑ yes no You are hereby notified that on this 'date of notice, you were asked to submit to a test or tests to determine the alcohol and/or drug concentration within your system. [C.R.S. 42-4-1202 (3)]. The following constitute PROBABLE CAUSE to believe you were driving a motor vehicle under the influence of, or impaired by. alcohol or drugs or with a blood or breath �/ alcohol content of El 0.04 or more (Commerciat/HAZMAT operator) or 0.10 or more. r aRayou 4hae✓r aer si Mnla7t lies Le eOeirSe'tc,-+* e•..' Lou i14.7 de, /•• tic- cauKr-, o1= tJacb, t. 6mn^/^sC )r1t.4r7=,c_ Ara STs1-t ,r Ct,tbn.*oo_ Ye.( Fetus Tai bin... ytuc. B&IC-sr t�/75r6//rl ro^Y • Z e--wezco Ye ct B y .e4,0A,e 3Pczo/-=G-i / A4,041A4,041.f Y 4' F4 4 5rE0 63;74/0/1- lame - 4. 14,i ccw=.c' o 'PIA reclaim v-.: 13c2 l +.#14 -air, rSn•.-1 yarc1. ,1.36:41.4 #36-/ C,cL.css.-'c ni4 e� iret c1"t3 3 T7raa ,Y^'a ,0.Qiv/ae, o,-drc n✓t- one. .54cut-net 2- 7,,,e . GAPa,.1 srrepi ser errs) Eon•-"a{r7.liG you i r ECKr-o e5KaELL o4 £PTo-t, oo ,2. er .4-,.., ALC611ete . r/LCZfit e` Si' yac.2 B.12474:07/, ya.taL Fyfl oeCF!�M' ,P,�o 5cf,I`/ 4,••o yt•wie_ (A-rn ce dur5/.' c -r r7 ` GA,,'. —:S u)Sf 52O7• yas= itioRMf ' &Qyn,r /t' 4 ('tyt:mrc,4:r Tt:'.5. m r€:2 £;;.0. /n/ 4- S tr- air cc- to i enefint, e -E ORDER OF REVOCATION (C.R.S. 42-2-122.1) .y , L.7.1_ „We.,£1 {Lr/2,S or f ^rjp'i, THIS IS YOUR OFFICIAL ORDER. Unless you request a hearing within seven (7) calendar days af% Nis da of notice, the Department of Revenue will enter this order effective the eighth (8th) day after the'date of notice. This order will remain in effect until the provisions of C.R.S. 42-2-124 are complied with, the required SR22 insurance form filed with, and a reinstatement fee is paid to the Department of Revenue. , [ j Because you refused to take or complete, or to cooperate with the completing of any test or tests of your blood,breath, saliva, and/or urine, your driver's license and/or driving privilege is hereby revoked for a minimum period of ONE YEAR. (Commercial Vehicle Operator - ONE YEAR FOR FIRST OFFENSE, THREE YEARS IF HAZARDOUS MATERIAL VIOLATION OR LIFE FOR 2ND OFFENSE). pie Because you submitted to testing which disclosed an alcohol concentration of 0.10 or more, your drivers license and/or driving privilege is hereby revoked for a minimum of THREE MONTHS FOR A FIRST REVOCATION or ONE YEAR FOR A SECOND or SUBSEQUENT REVOCATION. I j COMMERCIAL/HAZMAT OPERATOR: Because you submitted to testing which disclosed an alcohol concentration of 0.04 or more, your drivers license and/or driving privilege is hereby revoked fora minimum of ONE YEAR FOR THE FIRST OFFENSE, THREE YEARS IF HAZ MAT VIOLATION OR LIFE FOR 2ND OFFENSE. . YOU HAVE THE RIGHT TO REQUEST A HEARING [C.R.S. 42-2-122.1 (7)] Your written request fora hearing and a driver's license must be received by the Colorado Department of Revenue within seven (7) calendar days after 'date of notice. You can make a request fora hearing at any Colorado Department of Revenue Motor Vehicle Division Drivers License Office. A temporary permit may be issued, until the date of your first scheduled hearing. If your request and drivers license are not received by the Colorado Department of Revenue within seven (7) calendar days after 'date of notice, you waive your right to a hearing and the Department's determination Is final. Unless. previously surrendered, any driver's license in your possession must be surrendered at the time of the hearing request before a hearingwill be granted. SURRENDER OF DRIVER'S LICENSE By law [Section 42-2-122.1 (4)(b)], the officer is required to take possession of any license held by you. When a valid drivers license is surrendered, the officer may issue a temporary permit which will remain in force for seven (7) calendar days after the -date of notice. TEMPORARY PERMIT This entire notice and order is a temporary permit which expires on the seventh (7th) day after the 'date of notice when indicated below and when signed by both you and the peace officer. License Surrerydered? a yes ❑ no Temporary Permit kves Issued? no Restrictions/Endorsements: • No temporary permit issued because ❑ License Expired ❑ Under Restraint D.L. in Possession ❑ Refused to sign E Other ■ No Signature of Respondent Sign to OH r Number 1,00 6,6,7G Nagle of Police gency /k ELL /Fu,N'r.i z)-�%. � Y (Original: pepartment,of Reybnue *Date of Notice 100.7/551 -- Read other side for information (Affidavit and Notice continues on back of form) DEPARTMENT OF REVENUE 960148 INFORMATION CONCERNING COLORADO LAW ?.nr)srson who clm:-s.amotor via hie? r' o;xa-,c r e hail be deemed to haveexpressod Donsn:to=nestofn.c: her breath or blood w for the rpcsoctdaterr..inln ..._,..t senior; n an,i,m officer ,n.: -.a.;,; cause to believe a person has b.0 crrr.;;a ,_nice. wr•e ends' the mfarsnoe cl. or iireairoc by 2 sny person who drives a motor vehicle .n Coioraoo shad ;w reopireo to submit to a test of ms.hvr b;ood. saliva, and/or wine for the p•_ pose el d;to^nicing r7e''- c^.nter.t with.n hurher system op.00 orfcer has prooaote cause to ova . - a .r?rs� r. n.ps een driving a motor vehicle while under the intiuenm _ i:.jd by:ao_ •. a you ,else to :uo:nit to a test(s) atreq;.f eoby the officer. the tests; wait rot be per ::ra the officer will serve 'orthwitha Notice and '.hder of Hevocat•.en on nenait of the Department or Revenue !o become effective on the eighth ,;d1h) calendar day after -date of notice shown on other sere: • - - 4. A mtusal to sign any release or ponsent lorni(s) required by a person authodzed•to take or withdraw specimens is a refusal to take the requiret(test(s). 5. The result of the test(s) or your refusal to :aka the test(s) may be used&inevidence against you in misdemeanor proceedings on charges which have been or will be filed against you. - - - - .. - .r._ .. 6 It you submit to a test which discloses en alcohol content of 0.04 ormoro (CommercialtHAZMAT Operators) or 0.10 or more the officer shall serve a Notice and Order of Revocation on behalf of the Department of Revenue to become effective on the eighth (8th) calendar day after 'date of notice shown on the other side. , • 7. Colorado taw prohibits the issuance of any type of driver's license when revoked pursuant to this order. OATH t swear(oraffirm) under penalty of eequry.that the information and falls contained in this Affidavit and Notice of Revocation are t .e to the best of my knowledge and beliet; and further that I personally Xdid serve O did not serve a copy of this Affidavit and Notice to the respondent on the 'date of notice shown on the front of this Affidavit and Notice form. Signatur, C lL/er�l Officer Nuntoer• _ r Name of Police Age I n ate r __ I 'vzT•J 151 r-Arro n'1, 960148 BONDING INFORMATION SHEET wTreating ? "'Sick or injured in any way? yes If yes, Physician Location explain %MK.rna& . rear a...s11- i'ibiL.iK Booking Number Agency Case Number . Oar- 714 Related Case Number Mileage (arre t warrant) Arresting Agency 1,1/4--t A Cs.4✓t47 So- Officer tint T FXoFirt- DEFENDANT INFORMATION Name AstelurA-- 6467724017#4 -.10.5e ,4'10D DOB (WTI) (first) (middle) Current Address /S"b3S G /Z cf Ln os h.e ro CO How Long? t O yas How long in Weld County? ilij;t4s How long in Colorado?4,25 How many jobs last 5 years? / Relative in the area? .`F� Do they own property v0 Do you have someone in Greeley that would be willing to co-sign a bond for you? )k) Marital Status 1 # of Dependents 25k. How many times have you failed to appear in Courtbefore? ` Occupation Mtge, Current Employer 1)#147 /'tyrti ≥IW-ntr Employer Address /15333 1.49C -0_,r How long employed t'S ytl Subject's character/reputation (if known) Is Subject identity in question? (circle) Yes `O Explain Personal Property seized by arresting agency? (tiro.) Yes Explain Subject's Action (cimle) Resisted (0) liiecooperative4P Armed (2 Combative (3) Assaulted Officer (4) Narrative S1nPP6ta rant SAIeb/-% 1 hott�0 N 8r r W CRS/Municipal Code ��Offense Class Charges 'v;-yJob/C.aCV arc SPs o - L-/ 'wet /4 Mao/' A c3 ao tar ,wa 116163 147 -f- J!7 e/ a rAtu.j5 (/)• 4' /3O1 Cl a fill Zell" 4,- y Aiei /2y, A4 tur At Se (CASE DESCRIPTION' Victim Name �_133'ir Or of, .bt4ct) (lest) (first) (middle) Address (number) (rreeuroed) (city) (sore) (tip) Description of injuries, loss, damage, etc. Multiple victims? (circle) Yes Explain ARREST INFO Qal) Arrest Location 1,Gt?o seux G•3Ci1' / Arrest Date e9 ifrfs Arrest Time 496O Offense Location Ais0-7 VI /..."44•2- 3 2... Offense Date pat PStr Offense Time eon Facts indicating suspect may continue to violate laws, harass, or intimidate witness or flee jurisdiction if released ILI > Vehicle impounded (tilt.) a No Location lar of Impound Atli �afre� d • i ' Arresting Officer Signature uw� a, • •C� f Bond •Recommendation � Auth nl De Vdign 5 '' ',Mi._► DatRa15Lq Court Case No. NIPORM:: SUMMONS s COMPLAINT OR PENALTY ASSESSMENT ROAD MILE _ THE PEOPLE OF THESTATEOF COLORADO VS: I CODE POST ACF - CR Ljeq) • 7/5 Datanda ii'Y NrnFl (il MN of Binh Mo. Day Yr rttmtAgg-G AYXu/re 454- /f1,n-44.,ry i Adorns City /67133 Lair! S Lo..E!.r(Ic r,Ph ISO re. Tyw EnIP!oYir Nam* EnPloy« Mors VIN irErVI7 /G 3GRQ'7Y14,3a93/•) R7 pM AdMs) Soma n bow: or `fir vso y 5r Slaty Co may., CHARGE 1'b:1 Typo or Body Styli hP �u� Apiro.tm.N Location of VIOMtbn Slats of Colorado 0Q I 1 At InNnesibn Wlln: 7/ M Traffic ( I Pen& Dlnetien a Trawl N S E�W� Hair yes Homo TeMpion. zit o �� OJ18 )) Amoy. Dino of Oe9J6- G�L-Z /_) THIN AcoNon INurbs an!o)I'ed 1 IYee ()orb I >Y. (Y)ON /� MILES LJ FROM b.)/ // a YOU ARE SUMMONED AND ORDERED TO APPEAR TO ANSWER CHARGES AS STATED BELOW IN: COLORADO —ON * AT: • co CHARGE We. 2 "SITS//o/lg'x .1 SOY t' vrrmA. N 1/ CUSTODIAL RVC `, FINGER ill ARREST .,1 K 1 TED (y ) sum mon TRAFFIC NFRACI1ON 1 I OFFENSE -Pc) WITHOUT ADMITTING GUILT, I HEREBY PROMISE TO APPEAR AT THE TIME AND PLACE INDICATED ABOVE. DEFENDANT NOTICE:SEE INSTRUCTIONS ON REVERSE SIDE NOTICE: SEE INSTRUCTIONS ON REVERSE Si FR THE UNDERSIGNED HASOBABLECAUSETOBELIEVETNATTHETI ENDANT COMMITTED THE OFFENSES) AGAINST HE PEACE AND DIGNITV9F THE PEOPLE OF THE STATE OF COLORADO AND AFFIRMS THAT A COPY OF THIS SUMMONS A COMPLAINT OR PENALTY ASSESSMENT WAS DULY SERVED UPON THE DEFENDANT. prp/rt' 8TIGR1 T OOP PATROL y�.� `�. y �GFFICER•PRIt,(T LAST NAME ,•J coDATED TM9� DAY OF'�• 1p l OFFICER �r /+r �• Ju -4/, - Mt' /411,9-‘ rP • (..:.t/ CDL ( ) CMCLVEN REO COL INVOLVED( .)7h'u!/l!•%✓ PLACARDED HAZ MAT ( ) COMC E /::()/e, 'r—` i /boil' ' VICTIMS ASSISTANCE SURCHARGE TOTALS COMCODE /A a I _AT M FINE SURCNARGEI POINTS SURCMA E S 5 ): ti'/'/. n m PA TOTAL m K GAR $ IRK EMI sSECMREI POINTS PENALTY ASSESSMENT TRAFFIC INFRACTION ( I / OFFENSE I I I MAILED ) UPON PAYMENT OF THIS PENALTY ASSESSMENT WIT IN 20 DAYS, I ACKNOWLEDGE GUILT OF �L L CHARGES CONTAINED HEREON AND UNDERSTAND THAT THE OINTS INDICATED ABOVE WILL BE ASSE SED AGAINST MY DRIVERS LICENSE. DEFENDANT (REV 9192) q NIFORM -. SUMMONS A COMPLAINT OAPENALTY ASSESSMENT ROAD MILE '• ..:. -'; THE PEOPLE OF THE STATE OF COLORADO VS: CODE POST • ACF CAA, a4 • 'ii Oebnbni 1 P") ; ' A. (MMONI b a +inn Mo. Day Yr. =. matt R2 il• d4S4/r4, o,-, /'#,PNAr/00 t 6 // N4Trek ( IPon.' Violation Mo. Yr % MoWRom, -. Ti Address �. City SNN ZIP ZIP Coda /.%333 / /€ 5, 1 4O04/N Go)% Tt,SA4/ Direction of T 'N S E APPro.. TIm. ofof OOv O • NMa Number RM� f See /7 I�V1 'Weight I//./j 1.50�N�YK COr) rot,. ) Fyn V'YPD Moms TNeplNne Con GVELb No, 4)1 rT'' 11- Empoy_ Name �' ..L �inpw.r MA�/�ed�rmr.an d _• ''V^MC AS, ,*,iE Occupation /y1/ti-C77 Swiws Twpnon. Traffic Accident 'Wuhan Involved I Y. ("No ( >Yes (ANo ;Or Mann okiclN Nor I D! O Mats) I Ch b S Type or Body NyM 0 be MPbaim.b LoantIn a Vi Eon, SNN / o IQ I On ( �U /'J/ . y • I/1 �• , �,yO PP�IH�alanl �/ .I$/ ( .V.]C 47 : /0 3Lg �179GPti �••+"T2- ( ) At InSn.dIon went MtLEB to F11DM ,)c 2 3 R• ENNred OP I •,t', V sn0 �) I1 SFn+n Sow or YOU ARE -SUMMONED AND ORDERED TO APPEAR TO TO ANSWER CHARGES AS STATED BELOW IN: -^ . ' WELD - COUNTY ,.y/ �,f'r`/t IN: 61•72. C CL L1 ) COLORADO --0N ILL —AT M COVET S/ --g/ CHARGE No.I I SEC I N ifs-ye/3v/ 6Y ) iEovc ✓rs4ri/.. r_A / IfOO COMCODE FINE Is SURCHARGE] IB.� I POINTS / .. , /OA)zfL. /A) Ft uca/cc T ? ! nrfoL .I CHARGE No.! B�E/GT-�I.11ON 7I•C/- / ; / _ 1 1 )(Jove' VL r/e c•2 „r� F,T elr.�'/vg COM.CODE FINE S SURCHARGE $J POINTS gie'eh4')t /o,.ne i-' i -- /g//E..9/7/ CUSTODIAL rim (�I ARREST (w FINGER ( ) I PRINTED ( XII a CMCL VEHREG CDL MOUE'S I I PLACARDED (VICTIMS ASSISTANCE WIZ MAT ( II SURCHARGE TOTALS I TEAL '- II FAG K RAIL S on An RMCMpD .v yl� SUMMONS TRAFFIC INFRACTION I I OFFENSE t PENALTY ASSESSMENT TRAFFIC INFRACTION I I OFFENSE I I MAILED I I '-'•! WITHOUT ADMITTING GUILT. HEREBY PROMISE TO APEAR AT THE TIME AND PLACE INDICATED ABOVE ",'✓, DEFENDANT UPON PAYMENT Of THIS PENALTY ASSESSMENT WITHIN 20 DAYS, I ACKNO EDGE GUILT OF ALL CHARGE CON TAINED HEREON AND UNDERSTAND THAT THE POINTS INDICATED A WILL BE ASSESSED AGAINST MY DRIVERS LICENSE. DEFENDANT •. '`(1 �k '-: NOTICE SEE INSTRUCTIONS ON REVERSE SIDE NOTICE: SEE INSTRUCTIONS ON REVERSE SIDE THE UNDERSIGNED HAS PROBABLE CAUSETOBELIEVk THAT TN! DE ENOANT COMMITTED THE OFFENSEIS)AGAINST THE PEACE AND DIGNITY, • THE PEOPLE OF THE STATE OF COLORADO AND AFFIRMS THAT A COPY OF THIS SUMMONS A COMPLAINT OR PENALTY ASSESSMENT WAS DULY SERVEUUPON THE DEFENDANT. %9 i, :/t'i OFFICERARINT LAST NAME Y ' ) • ST^RI 1r [TJ/�O0OvP PATROL 3 � F.. / ` ,' I ^ � _ I� :t ,jY' ^ nrNG• 76 DATED THISL DAY 0F[�I& OFFICER ii (REV 9/92) 1 i9,- -719 COLORADO DEPARTMENT OF HEALTH • APPROVED • OPERATIONAL CHECKLIST FOR EVIDENTIAL DIRECT BREATH TEST(S) INTOXILYZER MODEL 5000 SUBJECT: t:cbe E. )46 ILA&-"AtrR.w - DATE: Sa%t5C The subject shall remove any foreign objects, to include denture from the nose and mouth. Closely and continuously observe th subject for twenty (20) minutes prior to testing to detect any belching, regurgitation or intake of any foreign material by nose or mouth. If such occurs, another twenty (20) minutes of close observation must elapse under the same conditions. Turn power switch on and/or observe that the power switch has been activated. Observe that the simulator temperature is between 33.8 degrec centigrade and 34.2 degrees centigrade. Activate the Start Test switch. Follow the instructions and sequence of events as they appear c the display screen. After the sequence of events has been completed, properly sett - and package the silica gel tube. Record information as needed. Certified Operator Conducting Test 960148 STATE OF COLORADO CSP GREELEY INTOXILYZEF: - ALCOHOL ANALYZER CO MODEL 5000 SN 64-002358 DATE OF TEST 02/18/1995 SUB NAME=AGUILARCASTF.'UIT,JOSE,F SUB DOB = AF:ST OFC:R=F'F:OF I TT INSTR OP =PE:OF I TT OF' R'ECERT DATE=12/05/94 INTOX F:ECERT DATE=07/05/'34 SIM SOLUTION NO=4-11-02 COPY NO 1 OF 01 TEST AIF: BLANK CAL. CHECK AIR BLANK SUBJECT TEST AIR BLANK %BF:AC TIME . 000 01:39MST 39MST . 097 01 : 40MST . 000 01:40MST . 16'3 01:41MST .000 01:42MST %BRAG = GRAMS/210 LITERS OPERATOR SIGNATURE SAMPLE C:APTUF:E REQUESTED. .;� �� mau4l�.�n�a rl E COLORADO DEPARTMENT OF HEALTH Division of Laboratories A Punta* to Colorado RwUod SWWas. 1971 at+1102 and W Rahn and PaguWaoo 11 ter Colorado Board ol Heath Salad to Tad. Jar Nmlpt. .ppwtel I. lw.M panted mtonoo a1.n Pad.aL - molar 11ROXLilm MOOLL: L000, a.Y. 41-00235a ` undo, is aNNNgnVw1� pa da frond dmon `N•'�k To p.darr Wad&oath toga o iM purpose of dolooiddicWddaM court 1T. .ppwY alga S..mNva UntY JULY 31. 1"L wins prevloalyroadnOod. �l (01IIX\&� IMWLL.Y Sc. P% OUas. Calm tllwMwit1. x JULY f 1114 1 STATE OF COLORADO CSP GREELEY INTOXILYZER - ALCOHOL ANALYZER CO MODEL 5000 SN 64-00'2358 DATE OF TEST 02/06/1995 COPY NO 1 OF 01 TEST AIR. BLANK CAL. CHECK AIR BLANK %BRAG TIME .000 18:19MST .097 18:19MST .000 18: 2OMST This Solution Was Prepared And Verified By: Colorado Department of Health Division of Laboratories 4210 East 11th Avenue Denver, Colorado 80220 (303) 691-4707 STANDARD SIMULATOR SOLUTION LOT#: 4-11-02 DATE PREPARED : NOVEMBER 4. 1994 STANDARD VALUE: 0.100 GRAMS OF ETHANOL/210 LITERS OF BREATH At 34°C, in a breath alcohol simulator RECOMMENDATIONS FOR USE: INTOXILYZER MODEL 5000 Change solution monthly. Do not analyze solution more than 100 ti es. DATE PLACED INTO SERVICE 4CC / 91/ IDATE AND SIGNATURE) Keep solution tightly capped. Store solution in a cool, dry, and secure area when not in use. • 96014®' 1 es. sit «z" \ #aze \± v.�:..:. ,Kw®<1®&» eV%Q2r® :\=; co -C co ±2 5 //. ca co Co o: q Cot 4IMY MARK T. PROFTTT has successfully completed the training requirements of the Colorado Board of Health Rules & Regulations governing chemical testing for alcohol and is hereby certified to operate breath testing instruments to determine alcohol concentration of breath. Issued 25 de vaf NOVEMBER .102 i ‘-"Nt- t :CERTIFICATION DATE Cb 4.Male •c t^ t0 kJ) M 1 -f-o 960148 GREELEY POLICE DEPARTMENT/ WELD COUNTY SHERIFF'S DEPARTMENT PROPERTY -EVIDENCE REPORT r; (a (PREFIX) (GPO USE -G' . WCSO USE'S') CASE# 1A)(' t-1 EVIDENCE SAFEKEEPING FOUND PROPERTY 0 0 LAB REQUEST ONLY 0 REGIONAL LAB S PROPERTY LOCATI LI z i rRECEIVED D a -DAME: oar 75' ME: - OFFICE r •oeci /g'I,4.-. %. FfF„- CRIMEI\OR INCIDENT: CI VICTIM: OWNERS NAME: -FROM: ADDRESS: PHONE: . ADDRESS: PHONE: SUSPECT: _ C I-, t'�h:.It t. Arr/1a.-rr 14I nY ADDRESS: / J /Clq� [.J[/? .S Lo,e• •...-e -- �ti. PHONE: iv -n-2 SUSPECT: ADDRESS: PHONE: PROPt1(tY PLACED: IjJ IN DROP U OTHER EXPLAIN: '.•rnurcni T 11\VERI WIT ITEM NO. QUANTITY PROPERTY DESCRIPTION (property typal (brand) (make) (model) (serial I) (color) witness signature / I r ...�.a • ic:']. //C II' .7 nt-L I 4-/Me- i 07MC s '' 7`51 ',-vr- 6-A-, r // Y U AU I . RELEASE ITEM NO. RELEASE TO: AUTHORIZED BY: DATE: HELtASE ITEM NO. HtLEASE TO: AUTHORIZED BY: DATE: 7 C I, 0 u D C LAB REQUEST ❑ OFFICEIRJ��1AME/#` .A i jc ' I /% 7. .Ge ii,[) Jai 7/ ,DATE: la'CIJ< SUPERVISOR NAME/a: DATE: PG / OF I I. LAB RESULTS RECEIVED/FORWARDED DATE: E D al n Q Z ex Q n P 'I si a E si LETTER Date Sent Date Returned rwner's Name Mailing Address 1 tLhYHONE Date Spoke With Call Received or Number Called C I C C C C W D FORM #500 (REVISED -111n 9601413 STATE OF COLORADO VEHICLE IMPOUND/RECOVERY REPORT 1.. Reporting Agency A aap lktwY S' 2. Case Report Number 4&t"7/4 GENERAL 296. Reason for Impound 0 Traffic Accident j 6 Local Recovery of Outside Steal 1 Traffic Hazard Evidence 7 Outside Recovery of Local Steal 2 Abandoned 5 Local Recovery of Local Steel 297. Impou tled Vehicles Police Hold No es Available for Yes 1 Release No �. 3. Connecting Case No. 4. Initial Offense Classification ii.7.414ol /5„,, �•:J UCR Offense Classification S. OCL 18. OFF 7. UCR Code 8. UCR Status STT 1 9. UCR Score 10. Offense Reported: P watch ( 1 Citizen I.�) ODin.': 1 n View ( 1 Supervisor 11. Juvenile ( ) Yes ( 1 Unkn n 12 CC IC Entry Date/Time 13. NC IC Entry Date/Time /4 ORI Number K j 24. Location of Occurrence � Ld..yy 24e. Pu is ( )Private 25. Geo-Code 17. UCR Entry Date/Time t, f J 7 W 26. 1 Date -Time Occurred on It Month -_ - _ Z Day _ _ _ _ /k Year / _ _ _ _ 9r Time _ _ 7,y7J 27. Date - Time Reported Month Day fi /o Year _ iJ Time l COP SUBJECT CODE: V — Victim RO — Registered Owner LIST FIRM NAME AND CORPORATE NAME, IF DIFFERENT 28.Code It 29. Name (Last, First, Middle) 30. Sex 31. Race 32 Age 33. Date of Birth 34. Occupation 0 35. Address Res. Bus. Zip Code 36. Telephone (XDay) ( 1 ( 1 VEHICLE I 298. Reg stored Owner ✓o,;r.` Arte„Zoe, 299. Address /S3,3J wes-s.- 300. Telephone 301. Value /o ofl 63. Year 545 64. Make o/q/.' 65. Model Cdf' 66. Style ZIA, 67. Colore/T°Oopp-Bottom i.0•Ac 68. License Number X71/! —V337 69. License Type 4311.1 70 Lie. Year 47,9 I71. State I co 73. Vehicle Identification Number/Motorcycle Frame C /tSJGiCY7 So 9 &/307142 74. Vehicle Engine Number 302. Odometer Reading 303. Safety Insp. No. JOINT INVENTORY 304. Condition Yes No Yes No 305. Property/ Evidence Disposition (In Vehicle) 0 Release to Coroner 1 Released to Relative to 3 Release• to Attorney/Agent 4 Other a. LF Tire CA n. Keys l z/ as. Motor J� b. RF Tire o. Registration ,t✓ bb.Battery ,/ c. RR Tire p. Rear View Mirror •✓ cc. Radiator / Y d. LR Tire q. Side View Mirror ✓ dd.Generator/Alternator /../ e. Wheels r. Air Conditioner ✓ ee. Jack l--/- f. Fenders s. Auto Stereo/CB ✓ ff. Spare Wheel/Tire (✓ g. Body t- Seats (Front) ✓ 99. Radio h- Top u. Seats (Rear) ..-...a''.hh. Location of Keys !� 306. Reg. Owner Notified, Advised By 6--)C 0014j. I. Hood v. Tachometer Trunk Examined by Impounding Officer Lib( 1 No Grill w. Transmission L✓ Vehicle Appears To Be Operative ( 1 Yes ( ) No D to%0 A Tima W� k. Upholstery x. Bumper (Front) z✓ I. Antenna V. Bumper (Rear) .e.. ------Property Removed From Vehicle and Booked 1� ( 1 Yes U.N� 307. ( 1 To Be Processed m -Windows / z. Hub Caps '✓ 308. Loudon f ImpoundI 2h `% 309. Tow Company Gam, i .ice �,,�' 310. Tow Operator Signa RELEASE 311. asseased et 5ce To: , 312. Addrsies �/1/j7��.�1 / bear C(• 313. Telephone 314ause zed By: �G Q- 3,/27 /%'/%f 316. Time OIJJ"0 317. Signature of Registered Owner 318. Date 319. Time 320. Veh¢ 'calved By: '321. ate 322. Time 323. Vehicle Released By NARRATIVE //ROADSIDE sled:/ ::: fzw.de„/ ,,,,,..c.: -/....e." ,i+ /i'. 41,...2- . / /J,4‘61--- _ _ - - - - AUTHORIZATION I authorize and accept responsibility for the above- captioned vehicle to remain where now parked, and understand that this vehicle must be moved within 24 hours. Operator Witness 324. Private Property Owner's Signature CC V 48. Officer a r'mbar and Unit 49. Supervisor Initi Is and Da c�/4 r SO. Assigned To 51. Page of 77 CLEF 960148 IRTFI DATE Effin C0ffRAr) DRIVER LICENSE iADULT Mn verr M rer-445 j: BRO: FIX P('id'IVE: Dena Pnv JOSE f{-A0001RCASTPURA 15333 CO RD 5 LONOMONT CO 80504 960148 cc;C %a -71,37 DR 2576 (06/92) COLORADO DEPARTMENT OF REVENUE DRIVER CONTROL SECTION 140 W 6TH AVENUE ROOM 102 DENVER CO 80204-5195 THIS IS A LEGAL DOCUMENT Responds Name (last, rust, middle) IJOM/�G[.CL- 14- m- , eft, /L Date of Birth (MO/DAYNR) Address (street, dry, st te, zip) 31c,1 ! ill hpAx At.rb7.T Driver's License Number ,sue Class Sta Social Security Number Sex "1/alb Weight Hei ht /7' Hair &C Eyes 840 Commercial Driver License ❑ yes ❑ no Commercial Motor Vehicle ❑ yes ❑ no Hazardous Materials ❑ yes ❑ no You are hereby notified that on this 'date of notice, you were asked to submit to a test or tests to determine the alcohol and/or your system. [C.R.S. 42-4-1202 (3)]. The following constitute PROBABLE CAUSE to believe you were driving a motor vehicle impaired by, alcohol or drugs or with a blood or breath alcohol content of ❑ 0.04'o"r� more �(Commercial/HAZMAT operator) O142 -,w Ar Ol4, l7ri , . em. -5 7s.. bitiv,-t - * •vwfr+2 �7rycag I`.r Airsy as .ir De-, Se. 44". -ay ofe kso, $rAre art G-L.avroo. T- sit-) 1-yw.+L ieffrActe 11/45525.4.-r- 6+0 Are to teA . r 3ram'43° y04. Al.". Pa4,.,D ysr4 ,d4,10 AM &9C4 -O 4n's -,... .r sr' IOPC. Gi l ewe. 4:) A-Lcts/eu 3a atkse- o- zi--'t13/Le**21'- i. ate 444 4' 8 Linnaer'o SL.Gc-ftr. Yv..- R{, Jed rill-te - /mil Sr of Yc.+.,l Qy ez'c e .4" 7* y rrex «l zarze YOM'- toAsrvx�n 121.Q1"tia r4- * I#'7'flit2G$y Co-AT✓T<TZ'I "Jtk A- 4 Czc ORDER OF REVOCATION (C.R.S. 42.2-122.1) THIS IS YOUR OFFICIAL ORDER. Unless you request a hearing within seven (7) calendar days after this 'date of notice, the enter this order effective the eighth (8th) day after the 'date of notice. This order will remain in effect until the provisions of C.R.S. the required SR22 insurance form filed with, and a reinstatement fee is paid to the Department of Revenue. _ p.1 Because you refused to take or complete, or to cooperate with the completing of any testortests of your blood,breath, saliva, license and/or driving privilege is hereby revoked for a minimum period of ONE YEAR. (Commercial Vehicle Operator OFFENSE, THREE YEARS IF HAZARDOUS MATERIAL VIOLATION OR LIFE FOR 2ND OFFENSE). [ I Because you submitted to testing which disclosed an alcohol concentration of 0.10 or more, your driver's license and/or revoked for a minimum of THREE MONTHS FOR A FIRST REVOCATION or ONE YEAR FOR A SECOND or SUBSEQUENT [ I COMMERCIAL/HAZMAT OP ERATOR: Because you submitted to testing which disclosed an alcohol concentration license and/or driving privilege is hereby revoked fora minimum of ONE YEAR FOR THE FIRST OFFENSE, THREE YEARS _ - OR LIFE FOR 2ND OFFENSE. - - . _ -- _ YOU HAVE THE RIGHT TO REQUEST A HEARING [C.R.S. 42.2.122.1 (7)] Your written request for a hearing and a drivers license must be received by the Colorado Department of Revenue within seven *date of notice. You can make a request for a hearing at any Colorado Department of Revenue Motor Vehicle Division Drivers permit may be issued, until the date of your first scheduled hearing. If your request and driver's license are not received by the Revenue within seven (7) calendar days after 'date of notice, you waive your right to a hearing and the Department's determination previously surrendered, any drivers license in your possession must be surrendered at the time of the hearing request before SURRENDER OF DRIVER'S LICENSE By law [Section 42-2-122.1 (4)(b)I, the officer is required to take possession of any license held by you. When a valid driver's license may issue a temporary permit which will remain in force for seven (7) calendar days after the 'date of notice. TEMPORARY PERMIT This entire notice and order is a temporary permit which expires an the seventh (7th) day after the 'date of notice when indicated by both you and the peace officer. drug concentration within under the influence of, or or ❑ 0.10 or more. AAwv.ic ,s /r{e-•rro1-•►esti O4__ *65° y t Gages 2,2. , 23L.m.-' /.-+/'9 Department of Revenue will 42-2-124 are complied with, and/or urine, your driver's - ONE YEAR FOR FIRST _ ...... driving privilege is hereby REVOCATION. of 0.04 or more, your driver's IF HAZ MAT VIOLATION - (7) calendar days after License Office. A temporary Colorado Department of Is final. Unless a hearing will be granted. is surrendered, the officer below and when signed R PETITIONER'S EXHIBIT License Surrendered? E yes no Temporary Permit Issued? e s ❑ yes X no Restrictions/Endorsements: m No temporary permit iss ed ❑ License Expired because Under Restraint EX No D.L. in Possession ❑ Refused to sign ❑ Other • Signature of Respondent ( i , ECVI P p,4, 1A` IV? 7 V Signatur r ) Number Name of Police gencyr .� 7-609 c9� ca_4 •CD - Original /Oepartment of Revenue) AFFIDAVIT AND NOTICE OF REVOCATION YOU MUST ACT WITHIN 7 DAYS Number 095466 Date of Notice ga0Filir Read other side for information (Affidavit and Notice cof form) DEPARTMENT OF REVENUE INFORMATION CONCERNING COLORADO LAW 1. Any person who drives a motor vehicle in Colorado shall be deemed to haveexpressed oansent to a test of hisfier breath or blood for the purpose ofdaterminirg --he alcohol content if a police officer has probable cause to believe a person has been driving a motor vehicle while under the influence of, or impaired by alcau d. - ` 27r---• -Any. Pinion parson who drives a motor vehicle in Colorado shall be required to -submit to a test of hisher blood, saliva and/or urine for the.purpose of.detennlning. the drug content within his/her system if a police officer has probable cause to believe a person has been driving a motor vehicle while under the influence _ of, or impaired by drugs. •_ . • ..' :. ----- 3. If you refuse to submit to a test(s) as required by the ol'icer.the test(s) will not be given and the officer will serveforthwith a Notice and Order of Revocation on -behalf of the Department of Revenue to become effective on the eighth (8th) -calendar day after'date of notice shorn oaotherside - - - • .• _ i.-.A , troa. sc^.: i_.. :vs.::: 4_A refusal be sign any falcate fir, nONsent fo mts) required by a person authorized to take or withdraw specimens is a refusal to take the required test(s). 5. The result of the test(s) or your refusal to take the tests) may be used in evidence against you in misdemeanor proceedings -on charges which have been or will be Med against you 6. If you submit o a testivFich diselc can alechof content ot0.0a or more (Commerdald-IAZNI T Operators) or 0.1zTormore the officershall serve a Notice and Order of Reslocatiort'onliehalt of the Department of Revenue to become effect [eonlhe eighth.(8th) calendar day after'date of notice shown on the tither side. _ ;a;; ....r _ -. _. - 7. Colorado law prohibits the issuance of any type of driver's license when revoked pursuant to this order. OATH 1 swear (or affirm) under penalty of perjury that the information and facts contained to this Affidavit and Notice of Revocation are true to the best of my koowledge and belief; and further that I personally $did serve O did not serve a copy of this Affidavit and Notice to the respondent on the 'date of notice shown on the front 6f this Affidavit and Notice form- / . }.t= Signature of Officer Officer Number thcec,7‘, 7".1A :- _- -: - h J3' ]ea:_ a-abr...5 7 c''.,.a "v -. .. o.r.. ... z,C_c c.:7; iv l .. ..70. _ 4. , .. . C. . .. _o rf EC1 J9 .'.._ Date ioi& 5 s PTXT PAGE NO.0001 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 : WC95-4427 Agency Case No. Defendant: DOMINGUEZ-VELETA, ERIK Arresting Agency: WELD COUNTY SHERIFF'S OFFICE Charges 1: DRIVING UNDER INFLUENCE (95) 2: DROVE VEHICLE EXC ALCOH (95) 3: DROVE VEH W/OUT VALID DL 4: FAILED TO DSPLY LIGHTS 1000'(95) DOB: ARREST DATE : Statute Class 42.4.1301.1.A M 42.4.1301.2.A M 42.2.101 42.4.204 100895 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. AT 0142 HOURS ON 100895 DEPUTY PROFITT, WHILE ON PATROL IN SOUTHWESTERN WELD COUNTY, OBSERVED A MOTOR VEHICLE DRIVING EASTBOUND ON COLORADO HIGHWAY 119 APPROXIMATELY ONE HALF MILE EAST OF WELD COUNTY ROAD 7 IN THE COUNTY OF WELD, STATE OF COLORADO. DEPUTY PROFITT OBSERVED THAT THE VEHICLE WAS DRIVING AT NIGHT WITH NO HEADLIGHTS, AND WHEN HE PULLED IN BEHIND THE VEHICLE HE OBSERVED THAT THE VEHICLE WAS DRIVING ERRATICALLY AND WEAVING. DEPUTY PROFITT STOPPED THE VEHICLE IN THE PARKING LOT OF THE CONOCO GAS STATION IN THE DEL CAMINO AREA. DEPUTY PROFITT CONTACTED THE DRIVER WHO WAS IDENTIFIED AS THE DEFENDANT. DEPUTY PROFITT WAS ABLE TO SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON THE BREATH OF THE DEFENDANT AND NOTICED THAT THE DEFENDANT'S EYES WERE BLOODSHOT AND APPEARED TO BE SLEEPY. DEPUTY PROFITT ALSO OBSERVED THAT THE DEFENDANT'S BALANCE WAS UNCOORDINATED AND THAT HE CONTINUED TO SWAY WHILE HE WAS STANDING UP. DEPUTY PROFITT WAS ALSO ABLE TO DETERMINE THAT THE SUSPECT DID NOT SPEAK ANY ENGLISH. DUE TO THIS FACT, DEPUTY PROFITT ARRESTED THE DEFENDANT FOR THE LISTED CHARGES WITHOUT THE BENEFIT OF THE VOLUNTARY FIELD MANEUVERS. DEPUTY PROFITT BASED HIS PROBABLE CAUSE ON THE DRIVING WITHOUT THE HEADLIGHTS AND ALSO HIS OBSERVATIONS OF THE DEFENDANT WHEN HE LEFT THE VEHICLE AND WAS TALKING TO HIM. DEPUTY PROFITT, THROUGH OFFICER RENO SALAZAR FROM THE PLATTEVILLE POLICE DEPARTMENT, WAS ABLE TO ADVISE THE DEFENDANT WHY HE WAS ARRESTED AND ADVISED THE DEFENDANT OF EXPRESS CONSENT. DEFENDANT TOLD DEPUTY PROFITT THAT HE DID NOT HAVE A DRIVER'S LICENSE AS INTERPRETED BY OFFICER RENO SALAZAR. DEPUTY PROFITT DID CONFIRM THAT VIA A RECORDS CHECK, AND THERE WAS NO RECORD AVAILABLE TO INDICATE 960148 PTXT PAGE NO.0002 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 THAT THE DEFENDANT HAD A DRIVER'S LICENSE. THE DEFENDANT STATED THAT HE WOULD SUBMIT TO A TEST OF HIS BREATH. HOWEVER, UPON THE SUBMITTING TO THAT CHEMICAL TEST THE DEFENDANT REFUSED TO BLOW INTO THE INTOXILYZER. THE DEFENDANT WAS THEN ISSUED HIS COPY OF THE AFFIDAVIT AND NOTICE OF REVOCATION AND THE SUMMONSES FOR THE VIOLATIONS AND TRANSPORTED TO THE WELD COUNTY JAIL WHERE HE WAS BOOKED ON THE LISTED CHARGES. Subscribed and sworn to before me this Notary Date Expiration: Affiant's signature day of 1995. 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 is released from custody. JUDGE 360148 ' PTXT PAGE NO.0004 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 To The WELD COUNTY COURT in Greeley, Colorado, dated this : 8TH day of : OCTOBER , 1995. Pursuant to C.R.S. 16-11-501 (1) (2) (j), The Weld Co. Sheriff's Office is requesting restitution in the amount of : $ . , upon conviction, for the proscution of C.R.S. 42-4-1301 from: Defendant : DOMINGUEZ-VELETA, ERIK DOB : Address : 3101 HWY 119 City : LONGMONT ST : CO ZIP : 80504 Charges 42413011A DRIVING UNDER INFLUENCE (95) 42413012A DROVE VEH W/EXCESS ALCOHOL (95) EXPENSE CALCULATION Intoxilyzer Supply, Mouthpiece Intoxilyzer Supply, Test card Payable to Comments APPROVAL D.A. $0.23 $0.20 Total . $ . Weld County Sheriff's Office 910 10th Avenue Greeley, Colorado 80631. DISTRICT/COUNTY COURT JUDGE 960148 PTXT PAGE NO.0005 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-4427 Crime/Incident: DUI - N/C: DUI F/M: M Addl Offense F/M: Date reported : 100895 Time Rpt: 0230 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 100895 F/T: 0142 Loc: 3000 HY 119, LONGMONT IT/Date: 100895 T/T: 0145 Case status: CLEARED 'DEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA 'Drugs/Alcohol: YES 'Tot Prop Stolen: 'Extent Injuries: Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: +************************DATA FOR A PERSON INVOLVED AS A: VICTIM *Name: STATE OF COLORADO DOB: *Addr: Phone: *City: St: Zip: OLN: *Sex: Rac: Eth: *Occupation: Bus Addr: BusTX: ***+ H/B: OLS: * * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARRESTED **** *Name: DOMINGUEZ-VELETA, ERIK DOB: * *Addr: 3101 HY 119 Phone: H/B: * *City: LONGMONT St: CO Zip: 80504 OLN: OLS: *Sex: M Rac: H Eth: H Hgt: 508 Wgt: 140 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: WC11432 Date: 100895 Time: 0142 DR: WC95-4427 DEP: WC0076 * *Location: HY 119/WCR 7 Accident: NO * *Lic Number: WAF4473 Lic ST: CO Lic Yr: VIN: 1G6AD4797B9188389 * *V-yr: 81 V -make: CADI V -model: V -style: 2D V -color: WHI * *Court Date: Court Time: * *VIOL -1: 42413011A DRIVING UNDER INFLUENCE (95) *VIOL -2: 42413012A DROVE VEH W/EXCESS ALCOHOL (95) *VIOL -3: *VIOL -4: * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 42413011A DRIVING UNDER INFLUENCE (95) *F/M: M Is There Addl Chgs: YES Booking Date: 100895 Book Time: 0142 * *DUI BAL: BOOK NO: Warrant #: W/ORI: * *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK 960145 PTXT PAGE NO.0006 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 + ADDITIONAL CHARGE DATA + IChg: 42413012A DROVE VEH W/EXCESS ALCOHOL (95) IF/M: M Cite#: WC11432 Warrant#: War/ORI: + + ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARRESTED **** *Name: DOMINGUEZ-VELETA, ERIK DOB: *Addr: 3101 HY 119 Phone: H/B: *City: LONGMONT St: CO Zip: 80504 OLN: OLS: *Sex: M Rac: H Eth: H Hgt: 508 Wgt: 140 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION *Cite#: WC11433 Date: 100895 Time: 0142 DR: WC95-4427 DEP: WC0076 *Location: HY 119/WCR 7 Accident: NO *Lic Number: WAF4473 Lic ST: CO Lic Yr: 81 VIN: 1G6AD4797B9188389 *V-yr: 81 V -make: CADI V -model: V -style: 2D V -color: WHI *Court Date: Court Time: *VIOL -1: 422101 DROVE VEH W/OUT VALID DL *VIOL -2: 424204 FAIL DSPLAY LIGHTS 1000' (95) *VIOL -3: *VIOL -4: * *Sc/Mrk/TT: *Charge: *F/M: Is There Addl *DUI BAL: BOOK NO: *Arresting DEP: WC0076 *: CRM : CITE : BOOK BOOKING DETAILS State of Birth: FILL: Chgs: Booking Date: Warrant #: PROFITT, MARK T + ADDITIONAL CHARGE DATA IChg: 422101 DROVE VEH W/OUT VALID DL IF/M: M Cite#: WC11433 Warrant#: Book Time: W/ORI: War/ORI: * ADDITIONAL CHARGE DATA IChg: 424204 FAIL DSPLAY LIGHTS 1000' (95) IF/M: M Cite#: WC11433 Warrant#: War/ORI: 960148 * * * * PTXT PAGE NO.0007 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 + SYNOPSIS OR NARRATIVE + : NIGHTTIME, RURAL ROADWAY. VEHICLE OBSERVED DRIVING ON PAVED ROADWAY WITHOUT BENEFIT OF THE HEADLIGHTS AS REQUIRED. VEHICLE STOPPED. DRIVER FOUND TO BE NOL AND DUI. DEFENDANT REFUSED TO SUBMIT TO AN INTOXILYZER TEST AND WAS TRANSPORTED TO THE WELD COUNTY JAIL AND BOOKED ON THE LISTED CHARGES. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: COPY SUMMONS WC11432 AND WC11433 IITEM NO: 2 DESC: NOTICE OF REVOCATION IITEM NO: 3 DESC: VEHICLE IMPOUND REPORT IITEM NO: 4 DESC: 3 PAGES INTOXILYZER PAPERWORK DATA REGARDING A VEHICLE INVOLVED AS A: DUI Date: 100895 Lic: WAF4473 LIS: CO LIY: 96 LIT: PC Vyr : 81 Vma: CADI Vmo: Vst: 2D Vco: WHI Val: 750 VIN: 1G6AD4797B9188389 Stored: T AND L TOWING Tow: Y Type: Cond: G Interior: Wheels: Windows: Spc-feat: Damage: Ign locked: Lts-out: Exterior: #Occ: 2 Doors locked: Key in car: *****DATA REGARDING A PERSON RELATED TO THE *Name: CORONA, JORGE LUIS DOB: *Addr: 1441 WCR 28 *City: LONGMONT St: CO Zip: 80504OLN: + DEPUTIES/OFFICERS ON SCENE AT OFFICER RENO SALAZAR, PLATTEVILLE PD OFFICER RICK CASHION, DACONO PD DEP: WC0076 Modif: Tire -pat: Paymts curr: Weapons: VEHICLE AS A: OWNER **** Sex: M Rac: H Phone: H/B: OLS: INCIDENT + ***REASON FOR CONTACT*** *TRAFFIC. ***PHYSICAL OBSERVATIONS*** *BREATH HEAVY ODOR OF ALCOHOLIC BEVERAGE. *EYES 960148 PTXT PAGE NO.0008 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 BLOODSHOT AND SLEEPY. *CLOTHING BLUE JEANS AND A FLANNEL SHIRT, BLUE JEANS WERE UNZIPPED. *EXITING THE VEHICLE UNSTEADY. *WALKING TO ROADSIDES UNSTEADY. *STANDING SWAYING. ***CHEMICAL TEST SECTION*** *SUSPECT WAS ADVISED OF EXPRESS CONSENT AS PER STATE STATUTE./RESPONSE. INTOXILYZER TEST. ***CHEMICAL TEST PROCEDURES/RESULTS*** THE SUSPECT SUBMITTED TO A BREATH TEST. *INTOXILYZER RAN BY PROFITT. INTOXILYZER RESULTS WERE INSUFFICIENT SAMPLE. DEFENDANT REFUSED TO BLOW IN THE MACHINE. THE SUSPECT'S DRIVERS LICENSE WAS NOT PHYSICALLY TAKEN BECAUSE NO LICENSE ON PERSON. *SUSPECT WAS PERSONALLY SERVED WITH A COPY OF THE STATE OF COLORADO REVOCATION FORM. AT THE LISTED TIME AND DATE, I OBSERVED THE LISTED VEHICLE DRIVING EASTBOUND ON COLORADO HIGHWAY 119 WITH NO HEADLIGHTS ON. AS IT WAS NIGHTTIME AND THERE WAS HEAVY TRAFFIC IN THE AREA, I DETERMINED THAT THE VEHICLE SHOULD HAVE ITS HEADLIGHTS ON AND THUS STOPPED THE VEHICLE AND CONTACTED THE DRIVER WHO I IDENTIFIED AS ERIK DOMINGUEZ-VELETA. I WAS ABLE TO IDENTIFY HIM WITH A RESIDENT ALIEN CARD. HE SPOKE LITTLE TO NO ENGLISH. I MOTIONED FOR HIM TO EXIT THE VEHICLE AND WHILE EXITING THE VEHICLE, I MADE THE LISTED OBSERVATIONS. I WAS ABLE TO SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH WHILE I WAS TALKING TO HIM AND TRYING TO ELICIT SOME KIND OF INFORMATION FROM HIM. BASED ON MY OBSERVATIONS OF HIS DRIVING AND MY OBSERVATIONS OF HIS CLOTHING AND THE SMELL OF AN ALCOHOLIC BEVERAGE ON HIS BREATH, I ARRESTED THE DEFENDANT WITHOUT THE BENEFIT OF CONDUCTING FIELD MANEUVERS. I REQUESTED THAT OFFICER YRINEO SALAZAR FROM THE PLATTEVILLE POLICE DEPARTMENT RESPOND TO 960148 PTXT PAGE NO.0009 GP0802 RM94 10-09-1995 05:52 WELD COUNTY WC9504427 INTERPRET FOR ME IN ORDER TO GET AN INTOXILYZER OR A BLOOD TEST. I ALSO REQUESTED THAT OFFICER RICK CASHION OF THE DACONO POLICE DEPARTMENT RESPOND AS COVER AS THERE WAS A SECOND PARTY IN THE VEHICLE. I WAS ABLE TO CONTACT THE SECOND PARTY IN THE VEHICLE IN THE FRONT PASSENGER SEAT AND DETERMINE THAT HE- WAS NOT INTOXICATED; HOWEVER, HE ALSO DID NOT HAVE A DRIVER'S LICENSE. I THUS INSTRUCTED HIM TO WALK HOME. I ALSO REQUESTED A TOW FOR THE VEHICLE PER POLICY AND UPON ARRIVAL OF T&L TOWING, I HAD THE VEHICLE IMPOUNDED WITH NO HOLDS PLACED AND INSURED THAT IT WAS AVAILABLE FOR RELEASE. I OBSERVED IN PLAIN VIEW EIGHT EMPTY BUDWEISER BOTTLES IN THE PASSENGER COMPARTMENT AND ALSO OBSERVED THREE FULL ONES IN A SACK WHICH WAS ON THE PASSENGER SIDE FLOOR BOARD. I HANDCUFFED THE DEFENDANT AND FRISKED HIM FOR WEAPONS AND FINDING NONE, PLACED HIM IN THE BACK SEAT OF MY PATROL CAR. UPON THE ARRIVAL OF OFFICER SALAZAR, I ADVISED THE DEFENDANT OF HIS EXPRESSED CONSENT OBLIGATIONS TO WHICH HE STATED THAT HE WOULD SUBMIT TO A BREATH TEST. HOWEVER, UPON OUR ARRIVAL TO THE FORT LUPTON POLICE DEPARTMENT TO CONDUCT THE INTOXILYZER BREATH TEST, THE DEFENDANT REFUSED TO BLOW INTO THE MACHINE IN A SUFFICIENT AMOUNT AND DID NOT MAKE AN EFFORT TO CORRECT THE BREATH BEING BLOWN INTO THE MACHINE. WHEN THE MACHINE INDICATED AN INSUFFICENT SAMPLE AND CLEARED ITSELF, I OFFERED A SECOND CHANCE FOR THE DEFENDANT TO WHICH HE STATED THAT HE WOULD NOT DO IT. THE DEFENDANT WAS THEN TRANSPORTED TO THE WELD COUNTY JAIL BY DEPUTY MIKE METZGER. I DID FILL OUT AN AFFIDAVIT AND NOTICE OF RELOCATION AND HAD OFFICER SALAZAR INTERPRET WHAT WAS ON THE FORM AND HAD THE DEFENDANT SIGN IT. I THEN GAVE HIM HIS COPY. I ALSO COMPLETED TWO SUMMONSES WITH THE LISTED CHARGES AND GAVE THOSE TO DEPUTY METZGER FOR TRANSPORT TO THE JAIL. NO FURTHER ACTION TAKEN. THIS IS THE END OF THIS REPORT Report Approved By: WC0062 LEMLEY, MONTE R 960148 UNIFORM SUMMONS B COMPLAINT OR PENALTY ASSESSMENT ROAD !ha RUM1C•, IRa...c..E ...................... I Defendant (Lase �/e ��O �(ElemT) -`�' (Midde) Date of Egg Mo.Day Yr. I DeM-FAlL/TAL"A L - It t /y eat • Age ' (l) TRAM ( I Penal VaIMIOI1 Ma Da Yr. / e lz9Triic Appro.TIme of VlMellon COURT - WELD COUN1 / Dekdan�l'F AddrW/^�_ Stale 2b Coda ar.clbnOljl*M City C..LJ �.�E% N E B1td�- DnYer: 'LIwI�Numb'�� ( °eweIR� BIM. I ey O`rL •T_I JTD �y {. Salta I ipW--� Nana TMWdpI./Cwln/.YG'.,I+ loyal) ErployM Iles V allon/n / BBuslnessI... Jdf. TIV) Ye 00 N InII e• ,4N ( 1 Yes No ( I Yee I W No VMlcfe License Number and Ana ILOAF leen3 t^9 SIN. ED VNkN Rim it! M. C TYPO or Body SAYS ..lrt Approaimass Location of olalmn Sfel. of Colorado ”on- (t.) It Vehicle Color c iora) r% VON /L * ,1�Y 114Ya4 A 4 /47 44'15-5365 MILES FROM `' /a ( I Ai Insor..ction WNW k) i 5 �L� / ' " " (Name ad er ra f /f /I , pin ?[-f I �'��r 1 I S� ) IMADimP .rJhag A IPSFp MillIL YOU ARE SUMMONED AND ORUeRkD IC) APPS/R TO ANSWER CHARGES AS STATED BELOW IN: 512 11 M A/) WELD p T AT. 4i IN: DORADO -ON ---AT Al....) NIS CHARGE alISEC' H % \ a. A �� AUVs ,C. �E' /i'islib K/�. I 104'0 0 to/` �1 (JQ CO µCODEFlNE/SUFICNJf BGE CHARGE NO. 2 SECT" �� MA -Ay \' Y idelnuA4 Oda) & uite). j., . - .ieq ;Lev COµ -GLIDE Zell FINE I1 SURCHApSE POINTS N 2 In 'JYQ NflVC / CUSTODIAL .1,// ARREST (/Y) HNGER PRINTED ( ) Ca ( ) CLMCL VEH REO alt INVOLVED( ) PLACARDED HAZ MAT ( 1 VICTS6 ANCE E TOTALS TOTAL TO M AM IT SAIL 2 IFSEA SOFaAEEEI A T SUMMONS TRAFFIC INFRACTION ( 1 OFFENSE I I PENALTY ASSESSMENT 1 ION I I OFFENSE I IMAILED( IWITHOUTADMITTINGGUILT. 'E HEREBYPROMISETOAPPEAR AT THE TIME AND PUCE INDICATED ABOVE. 7FACT UtUN PAYMLNT OF TAUS PEN.SSMENT WITHIN 20 DAYS. I ACKNOWLE GUILTUALL CHRHGLb CONTAINED HEREON AND UNJD THAT THE POINTS INDICATED ABOVE ILL BE ASSESSED AGAINST MYDRWEP5 LICENSETDEFENDANT DEFENDANTNOTICE. RSE SIDE 73 SEE INSTRUCTIONSON REVERSE SIDE NOTICE. SEE INSTRUCTIONS THE UNDERSIGNED HAS PROMBLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED THE OfFENSE(S) AGAINST THE PEACE AND DIGNITY HE PEOPLE OF THE STATE OF COLORADO AND AFFIRMS THAT A COPY OF THIS SUMMONS d COMPLAINT OR PENALTY ASSESSMENT WAS DULY ED UPON T ER H DEFENDANT.T NAM �'L 5. m DISTRICT' T000P PATROL 76 }� y/� I NO ' i --I 2 cm 3 DATED THIS DAY OFJ9/_ IS1Y OFFICER MILE POST ACF N?11433 (REV BIBS) INIFORM SUMMONS B COMPLAINT OR PENALTY ASSESSMENT ROAD rvn c tss THE STATEOF CCLdMDO V8: I CODE Dal. 01 Sinn Mo. Day Yr. I.YM.M(LMI...__.. /��p �� IFlalall C IMbdH) �F � APO E/�VblMbn yr Traffic ( )Penal Ma D•I Yr. Uter g /` COURT WELD COUNT ',Hendon's Address / City Slate Zip Code Dkaclion of�y.wl 3017 1I1 I ,.' o,-Ar CO 'by N $6'W APPros. of Wolbn BiY3 )riWYF License umberDV / SRAM R.,?. �se.. Weiigg�ht 'Hari, Heir xe YON- oJingling Home TwppPOllhhoaar///rrm../// County`s, s. ,N Ham. Employer Add, Occupation Boa *BOOM Mkt Traffic Accident InjuriessIIAl ad 1 ) Yes I)1 No ( ) Ys jJC1Q No /ehkk License Numbs, and Two OAPipeZ3 Y�j Meta Ct� Valdes Yam $l M Ae Type or Body Selig 0152 Approximate Location Violatlor4 Stele of Colorado won & l 5 /wh �Oppr Bahernl VIN I I G G /� D y7 4 ?i 4 d Ff k 38S ( ) AI Isaac -don with: �i MILES e FROM blot J A•� sTO�AP •PEAR` 1p,.tered maw Name and AMMO I San. a..nd....Tout L. Cen..A+a l 11141 kta• 3f La4A - "-c YOU ARE SUMMONEDAND ORDERED TO ANSWER CHARGES AS STATED BELOW IN: (. 2. M COUNTY 41) -Sr COLORADO -ON 1E_ WELD COURT AT:N: —LT Awn L 1�•rf, JHARGE No.1 SECTION , /``Y/,T `1 CRS, -,C yI, �.F• 4-Jh301 ` )63 JO and YGI.I�.Fr a /� E.E wit) 5.2 a COµ.C'Oe.DE lW FINE E SURC)IYLGE SU POINTS 1Aipt-u&ac.t of A4 - eolith. - . :HINGE No. 2 SECTION / v \\ COLS ,.c_. (/I rI L.r .I g1.4r 1301 AYe3 134o I-" 44a v/'Ai seess/✓C rn.zo/tot. COM.CODE us FINE E/• R SURC GE POINTS 1J- .. 12 /a BR64171` iIAL NRVC I 1 r Et/ CUSTODIAL 11 FINGER ARREST (xJ) PRINTED ( 1 CDI. ( 1 act VEH REO CDL INVOLVED( ) PA1 MAT D HAS MAT ( I VICTIMS ASSISTANCE SURCHARGE TOTALS Te(1 T W MB 11 SAIL S BY An AYMIWNI ZIFF'S DEPART SUMMONS TRAFFIC INFRACTION I I OFFENSE')$ PL.IALTY ASSESSMENT ERAFFIC INFRACTION ) I OFFENSE ) ) ( MAILED ( ) WITHOUT ADMITTING GUILT. I HEREBY PROMISE TO A EAR AT THE TIME AND PLACE INDICATED ABOVE. NP(N PAYMENT OF TM' PENALTY A551 SSI.ILNT WITHIN 20 DAYS. I ACKNOWI DGE GUILT O .LL..IARGES CON rAINE.0 HEREON I D UNDERSTAND THAT THE POINTS INDICATED ABOV WILL' BE ASSES; ED' GAINST MY ')RIV, WS LICENSE NDANT DEFENDANT ' 'EFT NOTICE SEE INSTRUCTIONS ON REVERSE SIDE NOTICE .DE INST UCTIONS ON REVERSE SIDE THE UNDERSIGNED HAS PROBABLE CAUSt TO BELIEVE THAT THE EN AND AFFIRMS THAT A COPY OF THIS SUMMONS E COMPLAINT OR PENALTY tNDANT COMMIT D THE OFFENSEISI A INST THE PEACE AND DiONPA' THE PEOPLE OF THE STATE Of COLORADO ASSESSMENT WAS DULY SERV HE ENDANT. YZ'.gg, •q•✓ ER. PI AST FLAME T Z Z DISTRICT TROOP PATROLI OF ro_ OFFICER <+{LE • en` _I E5 _,DATED THIS_ DAY __ MILE POST ACF CR/.td611E1 fl N4' 11432 G la 441 antahi a1RBNF i' Pursuant to -Colorado Revised Statutes, 1994, 42-4-1301, and the Rules and Regulations of the Colorado! Board of Health related to Tests for Alcohol, approval is hereby granted to FORT LUPTON POLICE DEPARTMENT I INTOXILYZER MODEL 5000, R.N. 64-002927 UnderiThe Administrative Supervision And Direction Of GEORGE WARD To perform Direct Breath Teats for the purpose of determining the alcohol content. The approval shall be effective until AUGUST 31, 1996 unl!SS eviousl NtCindad. AUGUST 15. 1995 Date, IN4��YI I., .laM Ronald L. Cada, DR. P.R. Director, Division of Laboratories ti r„1V S U, rE or COLOR/AA! FOL'I !.UPIUiI 1'Ut_U_P_ LEI ,PIMLNT INIO IL•i:El' - ALCOHOL AHALLER f n 'II II]I L r*141 Sit b4-(,•.,.:i 7 OI\IL .•I IESI 1tj/0.1:1'1' • COTE NO I I rEsi ;:Llvin: .000 This Solution Was Prepared And Verified By: Colorado Department of Health Division of Laboratories 4210 East 11th Avenue Denver, Colorado 80220 (1303) 891-4707 TANDARD SIMULATOR SOLUTION LOT ss: 5-05-03 DATE PREPARED; MAY 25. 1005 STANDARD VALUE: 0.100 GRAMS OF ETHANOL/210 LITERS OF BREATH At 3400, in a breath alcohol simulator RECOMMENDATIONS FOR USE: INTOXILYZER MODEL 5000 Change solution monthly. Do not analyze/ solution more than loo t mea. DATE PLACED INTO SERVICEDO .' .c1 902,Q i£�.IIYI)Pa (DATE AND SLGNATURE) Keep solution tightly capped. Store solution in a cool, dry, and secure area when not in use. ( 960148 fNTOXILYZER OPERATIONAL CHECKLIST 5000 AGENCY CASE REPORT* qqzi DATE: iO0S S ARREST TIME: 01141 -- NAME: ER,r. DOB: 1. The subject shall remove any foreign objects, to include dentures, from the nose and mouth. Closely and continuously observe the subject for twenty (20) minutes prior to testing to detect any belching, regurgitations or intake of any foreign material by nose and mouth. If such occurs, another twenty (20) minutes of close observation must elapse under the same condition. 2. Turn power switch on and/or observe that the power switch has been activated. 3. Observe the simulator temperature is between 33.8 degrees centigrade and 34.2 degrees centigrade. " 4. Activate the start test switch. 5. Follow the instructions and sequences of events as they appear on the display screen. 6. After the sequence of events has been completed, properly seal and package the silica gel tube. Record information as needed. ATTACH TEST RECORD CARD 960145 S s _ 1.- �li��'FI r..#.Y'r T� .rL. i 1 ^ :3 CO' 41P41--j'::::w iJ� ea ", E a �tis3%i+ u r as 3i%J rg ii !'s a: ₹ d ,va,' T Ssyi #r' �u₹lffir9iv'" Srat • ��I $w 9L l�7 "�.l� S as � kr nrr .At kc r ^ / k §§ I,ay'ao ✓.fin xµo it, 9 ri "sr-- JC y+n.'S 960148 STATE OF COLORADO VEHICLE IMPOUND/RECOVERY REPORT 1. ((Reporting Agency /A/rc`/1( /iou.Pr2 Sib 2. �Case p�Z��R!eport Number /��Zg 77? GENERAL 296. Reason for Impound 0 Traffic Accident meet 6 Local Recovery of Outside Steal 1 Traffic Hazard w • 7 Outside Recovery of Local Steal 2 Abandoned 5 Local Recovery of Local Steal 1297. Impounded Vehicles 13. Connecting Case No. I Police Hold Yes No Available for Nos Release NoR _,� 4. Initial Offense Classification UCR Offense 5.00L 16. OFF O 7. OCR Code 1 e. UCR Status STT . 1 9. OCR Score , 10. Offens Reported: ( ) Dispatch ( ) Citizen (X) On View ( ) supervisor 11. Juvenile ,�./�p ( I Yes oW ' No ( 1 Unkn n 12 CCIC Entry Date/Time 113. NCIC Entry Data/Time 114 ORI Number 8 24. Location of Occurrence 30a, 'Zia_ _1JL 115 24a. (ri Public ( ) Private 25. Geo-Code 17. UCR Entry Date/Time , W R 26. Date - Time Occurred LL on Month AA Dv o ot V e1 Time. i M 27. Date - Time Reported Month /o Day 8k Year !J Time V1LL 1 SUBJECT CODE V — Victim RO - Registered Owner LIST FIRM NAME AND CORPORATE NAME, IF DIFFERENT 28.Code 29. Name (Last. First, middle) 30. Sex 31. Race 32 Age 33. Date of Birth 34. Occupation 35. Address Res. Bus. Zip Code 36. Telephone (X••Day) ( I ( ) VEHICLE 298. Registered Owner io2a.a d 12/ e Curs 299. Address /Y41 t.9C.K 1b'/ L.0060 -0.-r- 300. Telephone 301. Value 63. ear FL 64 Mak �D 65. Model 66. Style c'a.f .2dc 67. Co ra��TTop-Bottom elite 68 License Number 63AFtein 69. Li Type 1 Ph.S 70y� e. Veer `G�o �.ctb 71. ta`n 73. Vehicle I entification Numb 1“49_474?8S1SI3y9 rcycle Frame No. 74. Vehicle Engine Number 30 . Odometer Reading 303. Safety Insp. No. I JOINT INVENTORY 304. Condition Yes No Yes No 305. Property/ Evidence Disposition (In Vehicle) 0 Release to Coroner Released to Relative 2 Released to Owner 3 Released to Attorney/Agent 4 Other a. LF Tire 6:500 n. Keys X✓j aa. Motor RF Tire b.z. o. Registration r bb.Battery c. RR Tira p. Rear View MirrorCcc. Radiator ,(,1 d, LR Tirs q. Side View Mirror 1-gV_y dd.Generator/Alternator r e. Wheels r. Air Conditioner X,ee. Jack / f. Fenders s. Auto Stereo/138 gff. Spare Wheel/Tire g. Body t. Seats (Front) qg. Radioh, Top u. Seats (Rear) phh, Location of Keys 306. Reg. Owner Advirtl By i. Hood v. Tachometer �j Trunk Examined by Im oundl g OfficerNotfietl, ( ) Yes (� No i. Grill w. Transmission Vehicl�e aAppears To Be Operative `r)Yes 1 ) No k. Upholstery x. Bumper (Front) Date Time I. Antenna y, Bumper (Reed/N- Property Removed From Vehicle and Booked ( I Yes 0Q No 307. ( ) To Be Processed m.Windowsi-.0- Hub Caps )r" 308. a 44 &&S -B 309. Company Dn 7` L 4,10G 31 Operator Signet • RELEASE 311. Released at Sc en: : 312. Address 313. Telephone 314.�j1t a ' d B 315. DJatte C 316. Time ea 317. Signature of Registered Owner 318. Date 319. Time 320. chicle ace' ed 8 : 321. Date 322. Time 323. Vehicle Released By NARRATIVE t si44PTy Buz �a `a g a- taivaRle C' J - rr.. / pn7Gcrj /N4, - - ROADSIDE AUTHORIZATION I authorize and accept responsibility for the above- captioned vehicle to remain where now parked, and understand that this vehicle must be moved within 24 hours. Operator Witness 324. Private Property Owner's Signature SS w O 48. Of i Si to �� bo nil U it Y 49. Supervisor Initials and Date 50. Assigned To / 51. Page of 77 C 10 960148 PTXT P WC9504425 000000 WC9504425000000 0 0 000 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-4425 Crime/Incident: CRIMINAL MISCHIEF N/C: VANDAL F/M: M Addl Offense F/M: Date reported : 100895 Time Rpt: 0100 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 100895 F/T: 0100 Loc: 3101 HWY 119 (LONGMONT) IT/Date: 100895 T/T: 0100 Case status: INACTIVATED IDEP: WC0076 PROFITT, MARK T Drugs/Alcohol: 'Tot Prop Stolen: 'Extent Injuries: CASE STATUS AND MISC DATA Domestic Viol: Evidence/Photos: Prop Rcvd: Prop Damg: 150 +************************DATA FOR A PERSON INVOLVED AS A: VIC *Name: WELD COUNTY SHERIFFS DEPT DOB: *Addr: Phone: *City: St: Zip: OLN: *Sex: Rac: Eth: *Occupation: Bus Addr: BusTX: * H/B: OLS: * * ****************************DATA FOR PERSON INVOLVED AS A: REP *** *Name: PROFITT, MARK T DOB: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: DEPUTY Bus Addr: WCSO BusTX: 3564015 * * 5901 * *Addl Desc Info: * * + SYNOPSIS OR NARRATIVE + : NIGHT TIME BAR PARKING LOT, PERSONS UNKNOWN PUNCTURED TIRE OF POLICE VEHICLE WITH SHARP OBJECT POSSIBLY A KNIFE. UNKNOWN ON SUSPECTS, NO WITNESSES, NO LEADS. 960148 PTXT PAGE NO.0001 GP0802 RM97 12-26-1995 12:04 WELD COUNTY WC9504425 PROPERTY DAMAGE INFORMATION + Owner Name: WELD COUNTY ITEM QUAN PROPERTY DAMAGED/DESCRIPTION OF DAMAGE VALUE : 1 : 1 : GOODYEAR EAGLE RSA TIRE, P225/70R15, PUNCTURED SIDE- : : WALL EIGHT TIMES W/SMALL BLADED KNIFE : 150 • + DATA REGARDING A VEHICLE INVOLVED AS A: VND Date: 100895 Lic: 010834 LIS: CO LIY: 96 LIT: Vyr : 92 Vma: CHEV Vmo: CAP Vst: 4D Vco: WHI Val: VIN: Stored: DEP: WC0076 Tow: Type: Cond: Interior: Modif: Wheels: Windows: Tire -pat: Spc-feat: Exterior: Damage: Lts-out: #Occ: Ign locked: Doors locked: Key in car: Paymts curr: Weapons: *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: OWN *** *Name: WELD COUNTY GOVERNMENT DOB: Sex: Rac: *Addr: Phone: H/B: *City: St: Zip: OLN: OLS: NARRATIVE/FACTS: AT APPROXIMATELY 0015 HOURS ON 100895 WHILE CONDUCTING A BAR CHECK AT THE EL ROJO BAR, I WAS DISPATCHED TO A FIGHT IN PROGRESS IN THE DEL CAMINO AREA. AS I WAS LEAVING THE BAR, I NOTICED THAT SOMEONE HAD PLACED BEER BOTTLES BEHIND THE TIRES OF MY PATROL CAR WHICH WAS PARKED ACROSS THE PARKING LOT FROM THE MAIN ENTRANCE. AS I REMOVED THE BOTTLES, I NOTED THAT MY RIGHT FRONT TIRE WAS FLATTENED. WHEN I EXAMINED THE TIRE, I FOUND APPROXIMATELY EIGHT PUNCTURE MARKS ON THE SIDEWALL OF THE TIRE AND NOTED THAT THE PUNCTURE MARKS APPEARED TO BE FLAT AND POSSIBLY MADE BY A SMALL SHARP BLADED KNIFE. EACH ONE OF THE PUNCTURE MARKS WAS APPROXIMATELY A HALF AN INCH TO FIVE -EIGHTHS OF AN INCH LONG. AS SOMEONE FROM THE BAR PARKING LOT HAD PUNCTURED MY TIRE AND THAT RENDERED MY PATROL CAR INOPERATIVE FOR THE TIME BEING, I WAS UNABLE TO RESPOND TO THE EMERGENCY CALL. I ADVISED DISPATCH THAT I WAS OUT OF SERVICE DUE TO THE FLATTENED TIRE AND REQUESTED THAT SOME TRI-TOWN UNITS BE SENT TO THE FIGHT IN PROGRESS TO COVER IT UNTIL I COULD GO BACK IN SERVICE. I CHECKED WITH THE SECURITY MAN WHO WAS SUPPOSED TO BE WALKING THE PARKING LOT AND HE ADVISED THAT HE DID NOT SEE ANYTHING, EVEN THOUGH I NOTED THAT HE WAS IN THE PARKING LOT NEXT TO THE FRONT DOOR WHEN I FIRST PULLED IN. AFTER CHANGING MY TIRE, I WENT BACK IN SERVICE AND WAS ADVISED BY DISPATCH THAT THE FIGHT WAS GOA AND THAT THE TRI-TOWN UNITS HAD NOT FOUND ANYTHING. REQUEST A COPY OF THIS REPORT BE SENT TO THE FORT LUPTON SUBSTATION WITH 960148 PTXT PAGE NO.0002 GP0802 RM97 12-26-1995 12:04 WELD COUNTY WC9504425 MY NAME IN ORDER TO ATTACH TO THE EL ROJO'S BAR FILE. SINCE THERE WERE NO LEADS AND/OR SUSPECTS AT THIS POINT, THE CASE IS SUSPENDED, INACTIVE. NO FURTHER ACTION TAKEN. + i + THIS IS THE END OF THIS REPORT Report Approved By: WC0018 METZGER, MICHAEL K 960148 ' PTXT PAGE NO.0001 GP0803 RM91 11-04-1995 06:29 WELD COUNTY WC9504735 To The WELD COUNTY COURT in Greeley, Colorado, dated this : 28TH day of : OCTOBER , 1995. Pursuant to C.R.S. 16-11-501 (1) (2) (j), The Weld Co. Sheriff's Office is requesting restitution in the amount of : $ 2.41 , upon conviction, for the proscution of C.R.S. 42-4-1301 from: Defendant : RIVERA, ELIZANDRO DOB : Address : 12525 QUICKSILVER RD #206 City : LONGMONT ST : CO ZIP : 80501 Charges 42413011B DRIVING WHILE IMPAIRED EXPENSE CALCULATION (95) Intoxilyzer Supply, Silica Gel Tube $1.98 Intoxilyzer Supply, Mouthpiece $0.23 Intoxilyzer Supply, Test card $0.20 Payable to Comments APPROVAL D.A. Total : $ 2.41 Weld County Sheriff's Office 910 10th Avenue Greeley, Colorado 80631. DISTRICT/COUNTY COURT JUDGE 960145 PTXT PAGE NO.0002 GP0803 RM91 11-04-1995 06:29 WELD COUNTY WC9504735 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-4735 Crime/Incident: DWAI- N/C: DUI F/M: M Addl Offense : F/M: Date reported : 102895 Time Rpt: 0152 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 102895 F/T: 0152 Loc: HY 119/WCR 1 IT/Date: 102895 T/T: 0152 Case status: CLEARED IDEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA IDrugs/Alcohol: Y ITot Prop Stolen: 'Extent Injuries: Domestic Viol: Evidence/Photos: Y Prop Rcvd: Prop Damg: +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: STATE OF COLORADO DOB: * _ *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: * *Occupation: Bus Addr: BusTX: * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITED **** *Name: RIVERA, ELIZANDRO DOB: * *Addr: 12525 QUICKSILVER RD #206 Phone: H/B: * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 509 Wgt: 155 Hai: BLK Eye: BRO SS: * *Occupation: LABORER Bus Addr: ARAPAHOE PACKING BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: WC11443 Date: 102895 Time: 0152 DR: WC95-4735 DEP: WC0076 * *Location: HY 119/WCR 1 Accident: N * *Lic Number: WAA5227 Lic ST: CO Lic Yr: VIN: RA42087282 * *V-yr: 78 V -make: TOYT V -model: V -style: 2D V -color: BLK * *Court Date: 122795 Court Time: 0900 * *VIOL -1: 42413011B DRIVING WHILE IMPAIRED (95) *VIOL -2: 422101 DROVE VEH W/OUT VALID DL *VIOL -3: *VIOL -4: * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 42413011B DRIVING WHILE IMPAIRED (95) *F/M: M Is There Addl Chgs: Y Booking Date: 102895 Book Time: 0152 * *DUI BAL: BOOK NO: Warrant #: W/ORI: * *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK 960148 PTXT PAGE NO.0003 GP0803 RM91 11-04-1995 06:29 WELD COUNTY WC9504735 + ADDITIONAL CHARGE DATA IChg: 422101 DROVE VEH W/OUT VALID DL IF/M: M Cite#: WC11443 Warrant#: War/ORI: + SYNOPSIS OR NARRATIVE : NIGHTTIME RURAL HIGHWAY. VEHICLE SEEN TURNING LEFT ONTO WELD COUNTY ROAD 1 FROM THE FAR RIGHT HAND LANE CROSSING THREE LANES OF TRAFFIC. VEHICLE STOPPED, DRIVER FOUND TO BE A NON LICENSED DRIVER AND DWAI. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: SUMMONS WC11443 IITEM NO: 2 DESC: EVD SHEET S46333 IITEM NO: 3 DESC: INTOXILYZER PAPERWORK IITEM NO: DESC: Date: 102895 Item#: 1 Bra: Mod: Desc: INTOXILYZER 5000 DEP : WC0076 Val: OAN: PROPERTY THAT IS INVOLVED AS: EVD Tag#: S46333 Store at: Ser: Pieces: 1 SILICA GEL TUBE Cat: X Art: SILGEL Mak: T -Cat: Cal: Rcvd-Date: R -Val: + PROPERTY THAT IS INVOLVED AS: EVD (Date: 102895 Item#: 2 Tag#: S46333 Store at: IBra: Mod: Ser: Pieces: 1 IDesc: INTOXILYZER TEST SHEET IDEP : WC0076 Val: Cat: P Art: DOCUME Mak: T -Cat: Cal: IOAN: Rcvd-Date: R -Val: + DATA REGARDING A VEHICLE INVOLVED AS A: SUSPECT Date: 102895 Lic: UAA5227 LIS: CO LIY: 95 LIT: PC Vyr : 78 Vma: TOYT Vmo: COR Vst: 2D Vco: BLU VIN: RA42087282 Stored: Tow: Type: Cond: Interior: Wheels: Windows: Spc-feat: Damage: Lts-out: Ign locked: Doors locked: *****DATA REGARDING A PERSON *Name: RIVERA, ELIZANDRO *Addr: 12525 QUICKSILVER RD #206 *City: LONGMONT St: CO Zip: Val: DEP: WC0076 Modif: Tire -pat: Exterior: #Occ: Key in car: Paymts curr: Weapons: RELATED TO THE VEHICLE AS A: OWNER *** DOB: Sex: M Rac: H Phone: H/B: 80501OLN: OLS: 960148 PTXT PAGE NO.0004 GP0803 RM91 11-04-1995 06:29 WELD COUNTY WC9504735 + DEPUTIES/OFFICERS ON SCENE AT INCIDENT OFC SANCHEZ (LONGMONT PD) ***REASON FOR CONTACT*** THE VEHICLE WAS WESTBOUND ON COLORADO 119 AND TURNED LEFT ONTO SOUTHBOUND COUNTY ROAD 1 FROM THE RIGHT HAND LANE, WHICH WAS AN IMPROPER TURN. *ROAD CONDITIONS. DYR. *TRAFFIC. LIGHT. ***PHYSICAL OBSERVATIONS*** - *BREATH SLIGHT. *EYES BLOOSHOT. *EXITING THE VEHICLE STEADY. *WALKING TO ROADSIDES STEADY. *STANDING STEADY. ***ROADSIDE STATEMENTS*** *HOW MUCH HAVE YOU HAD TO DRINK? SIX OR SEVEN BEERS. *ADVISEMENT THAT ROADSIDES ARE VOLUNTARY. 960148 PTXT PAGE NO.0005 GP0803 RM91 11-04-1995 06:29 WELD COUNTY WC9504735 *ANY TYPE OF INJURIES? NONE. *ANY TYPE OF MEDICATION NONE. *ANY TYPE OF PHYSICAL IMPAIRMENTS NONE. ***ROADSIDE MANEUVERS*** *SURFACE CONDITION. ASPHALT. *LIGHTING CONDITION. MECURY VAPOR LIGHTING. *RHOMBERG. SWAYED FRONT TO BACK, APPROXIMATELY THREE TO FOUR INCHES AND STRAIGHT SIDE TO SIDE, APPROXIMATELY FOUR TO SIX INCHES. *WALK AND TURN. WALK AND TURN WAS FAIR. *ONE LEGGED STAND. FINE. ***HORIZONTAL GAZE NYSTAGMUS OBSERVATIONS*** DOES NOT FOLLOW SMOOTHLY. DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION. ***CHEMICAL TEST SECTION*** *SUSPECT WAS ADVISED OF EXPRESS CONSENT AS PER STATE STATUTE./RESPONSE. OPTED FOR A BREATH TEST. 960148 PTXT PAGE NO.0006 GP0803 RM91 11-04-1995 06:29 WELD COUNTY WC9504735 ***CHEMICAL TEST PROCEDURES/RESULTS*** THE SUSPECT SUBMITTED TO A BREATH TEST. *INTOXILYZER RAN BY PROFITT. INTOXILYZER RESULTS WERE 0.061. WHICH IS NOT PER -SE. THE SUSPECT'S DRIVERS LICENSE WAS NOT PHYSICALLY TAKEN BECAUSE THERE WAS NO DRIVER'S LICENSE IN POSSESION. NARRATIVE/FACTS: AT THE LISTED TIME AND DATE, I WAS FOLLOWING THE LISTED VEHICLE WESTBOUNDO ON COLORADO 119. THE VEHICLE WAS IN THE RIGHT HAND LANE AND I OBSERVED THAT AS IT APPROACHED WELD COUNTY ROAD 1, HE TURNED ON THE LEFT TURN SIGNAL TO THE VEHICLE INDICATING THAT HE WAS MAKING A LEFT HAND TURN. AS HE CAME TO THE INTERSECTION WITH WELD COUNTY ROAD 1, HE CAME TO A DEAD STOP EVEN THOUGH HE HAD A GREEN LIGHT AND NO TRAFFIC WAS GOING THE OTHER DIRECTION AND I THEN OBSERVED THAT HE MADE AN IMPROPER LEFT HAND TURN AND THAT HE TURNED LEFT FROM THE RIGHT HAND LANE, CROSSING LANE NUMBER ONE AND THE LEFT TURN LANE OF WESTBOUND COLORADO 119. THE VEHICLE WAS STOPPED AT THE DEFENDANT'S RESIDENCE AND AT THAT TIME, I IDENTIFIED THE DRIVER OF THE VEHICLE AS THE DEFENDANT. I COULD SMELL A SLIGHT ODER OF AN ALCOHOLIC BEVERAGE ON THE DEFENDANT'S BREATH AND NOTICED THAT HIS EYES WERE BLOODSHOT. AS HE SPOKE NO ENGLISH, I REQUESTED AN INTERPRETER FROM THE LONGMONT POLICE DEPARTMENT AND AT WHICH TIME, OFFICER SANCHEZ ARRIVED AND CONDUCTED THE VOLUNTARY FIELD MANEUVERS FOR ME IN SPANISH. THE DEFENDANT DID NOT COMPLETE THE MANEUVERS TO MY SATISFACTION. AT WHICH TIME, I THEN PLACED HIM UNDER ARREST FOR DUI. THE DEFENDANT WAS ADVISED OF THE EXPRESS CONSENT LAW AND STATED THAT HE WOULD SUBMIT TO A CHEMICAL TEST OF HIS BREATH. THE DEFENDANT ALSO ADVISED ME THAT HE HAD BEEN AT THE EL ROJO BAR FROM ABOUT 10:15 PM ON 102795, AND HAD JUST LEFT THE BAR PRIOR TO MY STOPPING HIM. HE STATED THAT THE BAR SERVED HIM SIX TO SEVEN BEERS WHILE HE WAS THERE. I THEN TRANSPORTED THE DEFENDANT TO THE LONGMONT POLICE DEPARTMENT WHERE I SUBMITTED HIM TO A CHEMICAL TEST OF HIS BREATH ON THEIR INTOXILYZER 5000. THE DEFENDANT REGISTERED 0.061 GRAMS OF ALCOHOL PER 210 LITERS OF BREATH WHICH WAS NOT PER -SE. I THEN ISSUED THE DEFENDANT TICKET NUMBER 11443 FOR DRIVING WITHOUT A VALID DRIVER'S LICENSE AND ALSO FOR DRIVING A VEHICLE WHILE ABILITY IMPAIRED BY ALCOHOL. AFTER HAVING THE DEFENDANT SIGN THE SUMMONS, I PLACED HIM IN A HOLDING CELL WITHIN THE POLICE DEPARTMENT DUE TO MY HAVING A DEBRIEFING CONCERNING A DUI SATURATION WHICH WE HAD BEEN WORKING. AFTER APPROXIMATELY 40 MINUTES I THEN WENT BACK TO THE HOLDING CELL AND TOOK CUSTODY OF THE DEFENDANT AGAIN. I TRANSPORTED THE DEFENDANT TO HIS RESIDENCE AND RELEASED HIM WITHOUT FURTHER INCIDENT. AS HIS BLOOD ALCOHOL LEVEL THROUGH THE INTOXILYZER WAS FAIRLY LOW, I DID NOT FEEL 960149 PTXT PAGE NO.0007 GP0803 RM91 11-04-1995 06:29 WELD COUNTY WC9504735 THAT HE WAS A DANGER TO HIMSELF OR OTHER PEOPLE AND THAT WAS WHY I RELEASED HIM TO HIS OWN RECOGNIZANCE. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: WC0018 METZGER, MICHAEL K 960148 GREELEY POLICE DEPARTMENT/ WELD COUNTY SHERIFF'S OFFICE PROPERTY -EVIDENCE REPORT nl r, 46333 (PREFIX) (GPD USE 'G' - WCSO USE -5.1 CASE # w! 1 - V / )J REGIONAL LAB # EVIDENCE SAFEKEEPING nuts»vunnn• iAIE: 103:1 S TIME: Ob 7 p LOCATION OF INCIDkNr: /• �`-'CYC- i A-✓" 44. , / /�j OFf� ER NAM : Ipnntl /'/.'a I. / Ro,'/ rr— :RIME OR INCIDENT: \ CLASS: / )/,Jell. F 6L4' P T N/A VICTIM ;7747e O%- t o - JWNERS NAME: ADDR 5: PHONE: RECEIVED FROM: ADDRESS: PHONE: >USYtL i.e.ti2AI-'D//o /C/vat/9- ADpfEg59S• /JSd5'&.//Ir5/L✓vR 1)r/L, Lo'6'''-1--A.c-r-t PHONE:. iUSPECT: ADDRESS: PHONE: ROYtH I Y YLACEU: U IN UHOY U OTHER EXPLAIN: ITEM Lr- - E z u i NO. QUANTITY PROPERTY CESCRIPTION (property type) (brand) (make) (model) (serial I) (color) witness signature I I 1.-1'5-4-50c-3,L/2rr5-4-50c-3j/L/e £C —a l4ljt ' I , / <--,<: )'// /71- %C)I -_y-t— r / / / / Li A Q -i GRELEASE RELEASE ITEM NO. RELEASE TO: - AUTHORIZED BY: DATE: ALLEASt-IItM NO. RELEASE TO: AUTHORIZED BY: DATE: ITEM NO. RELEASE TO: AUTHORIZED BY: DATE: PROCESSING LAB REQUEST U W J I- 5 IZ Q z V) U) a. 0 2 Y N SYNOPSIS/NARRATIVE NECESSARY ONLY WHEN NO OTHER REPORT IS WRITTEN OFFICt3. NAMEII41 / ,L74. y/n - DATE: ; �S UPtRVISOR NAME/I: 1 DA t: IPG L, OF _ FOUND PROPERTY 0 ❑ LAB REQUEST ONLY 0 PROPERTY LOCATION GPD FORM 1500 (REVISED 3/93) 960148 'COPY TO D.A. __ Oa |i k n=L)LeU um! +mFF5 2PA EME N NO a proximate Locationy VIdktlon. Slate ot Calmed* p on do AL, in p Al AMrlsllon With: • a iF n ' MILES FROM .‘2, PENALTY ASSESSMENT TRAPF, INFRACTION ( I OFFENSE I I MAILED$ N )N PAYMENT OF THIS PENAL! ASSESSMENT WITHIN 20 DAYS. 1 ACNNOWLED E GUILT OF ALL CHARGES V TAINED HEREON AND UND STAND THAT THE POINTS INDICATED ABOVE LL BE ASSESSED AGAINST MY VERS LICENSE. rENDANT 41 it m!! |! a- §e f %|{ C §| -`.a — = i/ k. • § CMCL VEN REG PLACARDED VICTIMS ASSISTANCE CDL INVOLVED( 1 HAZ MAT ( 1 SURCHARGE TOTAL $ sI�| -f ! „IA I� TICE. SEE INSTPUCTIOL, ON REVERSE SIDE )ANT COMMITTED THE OFFENSEIS) AGAINST THE PEACE A .TV ASSESSMENT WAS DULY SER 3 e THE r TEND. ICER RANAST N ICER • A!2 COUNW WELD COUNT AT: Q L Sr a.+o 91I L Ave, II IN: r�EEtB Nop ISECj1AD-q'-/a�� l!�,YK) D4Art5 V614 c WAy�c O&tir' } ;�l �� It } i4 % . ! k . | t'�4, �i .A m k �-& \- _ ■ .. I`!® 2 } §% B / |; -�-; « Pa �g ' EREBY PRO %(%17) 1w - ZiCe.Nj | ! Is i & |■|) z AND AFFIRMS THAT A COP) . � •7 ma - §|�| WA | 8 ! I ! ) . 1 !h ] 2 i | |« 0e«o a_ _,m00a,e„ss_ i 960148 COPY TO D.A. Alb DISP/D.a- -. ATTITUDE VERY GOOD 0 GOOD pl FAIR 0. ' POOR 0 VERY POOR O' - is SHIFT L.+rtig;' RADAR— VASCAR- SERIAL NO. " - - CAR a + - T�?. TUNING FORKISERIAL NO. ROAD CONDITION - WEATHER - TRAFFIC BLOOD 0 BREATH V, URINE O sA. RESULTStf4l DEPOSIT CERTIFICATION NO _OFFICERN0TES AND OBSERVATIONS: iron, Where, How, Ddentlenri Attitude)_ - - c 78tt sue- Asa IrJ 4!(y. ►�tcrtiei zza2..' i 'I tf s.ID- 1, �7cc� Sranm, NCl . ,kevIAS . Thieot ,s'Ar -baftr Ar's mac,,. CASE NUMBER: TRIAL/HEARING/TVB PAYMENT DATE ' 19 CHARGE NUMBERS: • PLEA . FINDING - FINES 8 COSTS SUSPENDED - GWIy euNy CNm Gudy Guwly Fire Dam air Can FwN JJNI - Costa 1 2 _. I. PRINT NAME - RES. PHONE BUS. PHONE ADDRESS CITY - STATE ZIP CODE 2. PRINT NAME RES. PHONE - BUS. PHONE ADDRESS • CITY _ STATE ZIP CODE t PRINT OFFICER'S NAME NUMBER A. PRINT OFFICER'S NAME - ._.NUMBER T 960148 SlATE ATE OF COLORADO O LONGMONT iN OXIL.YLEN - ALCOHOLANALYZER CO MODEL 5000 SN 64-00340. DATE OF TEST 10/28/1995 SUB NAME =F: I VERA. EL I ZANIJRU , N SUB DOB =03/ ST uFCR=F'RQF I TT I NSTR: OF =F'F:OF I TT OP REI EFL:T DATE=09/()1/95 INTOX RECEF:T DATE=10/06/95 S I f1 SOLUTION NO=5-08-04 COPY NO 1 OF 01 TEST AIR BLAM, CAL. CHECK A I R BLANK SUBJECT TEST A I P BLANK 7.BRAC I ri E .Q00 02: 58MDT .096 .00k) 0 : n9ML' I .061 03: 001':DT .0Q0 0Zi: iI1MU I Y.BF:AC = GRAMS/'210:0 LITERS OPE ATfY1R SIGNATURE SAMPLE CAPTURE REQUESTED. -Ck3D7 yo OPERATIONAL CHECK LIST LONGMONT POLICE DEPARTMENT CMI INTOXILYZER MODEL 5000 DATE: roast! TIME: FR#:1.3C9c -`/D31' SUBJECT NAME: E&,24. -tea? Er versr DATE OF BIRTH: ARRESTING OFFICER: /40te t T- RoE1rr STANDARD CHANGER: 46 MAI-54m DATE CHANGED: looGehr ✓ 3. The subject shall remove any foreign objects to include dentures, from the nose and mouth. Closely and continuously observe the subject for twenty (20) minutes prior to testing to detect any belching, regurgitation, or intake of any foreign material by nose or mouth. If such occurs, another twenty (20) minutes of close observation must elapse under the same conditions. Turn power switch on and/or observe that the power switch has been activated. Observe that the simulator temperature is between 33.8 degrees centigrade and 34.2 degrees centigrade. '/ 4. Activate the Start Test switch. 5. Follow the instructions and sequence of events as they appear on the display screen. 6. After the sequence of events has been completed, properly seal and package the silica gel tube. Record information as needed. CeOpe at rtified o Conducting Test The above checklist is in conformance with the Rules and Regulations of the Colorado Board of Health Relating to Tests for Alcohol and Other Drugs, 5-CCR-1005.2, as Amended. LPD Form 925 Revised 8/94 COPY TO D.A. 960148 JACONO POLICE DEPARTMENT 95-1761 - SUFFIX 1 INCIDENT RPT DATE:11/04/1995 RPT TIME:0:53 OFFICER #:625 OFFICER:SKAGGS CLASSIFICATION:DRIVING UNDER THE INFLUENCE CLASS:M OFFENSE ATTEMPTED/COMPLETED:C OCCURANCE LOCATION :HWY 52 AND WCR 17 DISTRICT:2 GANG RELATED:N DOMESTIC VIOLENCEN WEAPON/FORCE USED: AUTOMATIC: OCCURRED EDATE:11/04/1995 ETIME:0:53 LDATE:11/04/1995 LTIME:0:53 # OFFENDERS:1 # ARRESTS:1 # VICTIMS: PERSON INVOLVED 001 CODE:V V TYPE:SOCIETY/PUBLIC ARR TYPE: DATE: TIME: LAST:DACONO PD FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED WITH: ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:512 CHERRY ST, DACONO, CO, 80514 PHONE W:303-833-3095 OCCUPATION: EMPLOYER: PERSON INVOLVED 00 CODE:A V TYPE: ARR TYPE:TAKEN INTO CUSTODY DATE:11/04/1995 TIME:0:53 LAST:REYES RETANA FIRST:JUAN MI:A DOB: SEX:M RACE:W AGE:25 HGT:508 WGT:180 HAI:SLX EYE:BRO DL#: DLS:CO. DRESS: SOCSEC: ARR#:9517618 ARMED W/:UNARMED : ARREST CODE:DRIVING UNDER THE INFLUENCE SMN#:4344 ARREST DISPO:ROR JUVDISP: ADDRESS H:806 BIRCH ST, HUDSON, CO, 80642 PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: PERSON INVOLVED CODE: V TYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED WI: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: PERSON INVOLVED CODE: V TYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED W/: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: PERSON INVOLVED CODE: V TYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED W/: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: SUPERVISOR/DATE: ASSIGNED TO: REPORT: 95-1761 OFF: SKAGGS-625 PAGE 1 OF CC: 960148 DACONO POLICE DEPARTMENT 95-1761 - SUFFIX 1 INCIDENT PERSON INVOLVED CODE: VTYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED WI: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: VEHICLE INFORMATION #STOLEN: #RECOVERED: CODE: YEAR: MAKE: MODEL: V1LIC: VALUE $: COLOR (top/bottom): LIS: LIC TYPE: VIN#: ADDITIONAL DESCRIPTORS: VEHICLE #2 CODE: YEAR: MAKE: MODEL: LIC: VALUE$: COLOR (top/bottom): LIS: LIC TYPE: VIN#: ADDITIONAL DESCRIPTORS: PROPERTY ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: INCIDENT STATUS XCLEAR CATEGORY: CLEARANCE DATE: DEPT STATUS: NARRATIVE: PROBABLE CAUSE MYSELF AND OFFICER FITCH WERE PARKED AT THE U -PUMP IT, AND OBSERVED A WHITE VEHICLE, AND A DARK VEHICLE TRAVELING EAST BOUND HWY 52. THE DARK VEHICLE WAS TRAVELING VERY CLOSLEY TO THE WHITE VEHICLE, AT AN APPROX. SPEED OF 45 MPH. I THEN OBSERVED THE DARK VEHICLE OVERTAKE, AND PASS THE WHITE VEHICLE ON THE LEFT IN A NO PASSING ZONE. I PULLED OUT ONTO HWY 52, TO GO STOP THE VIOLATOR. THE VIOLATOR, AND THE CAR IT PASSED WERE ACCELERATING, CONTINUING EAST BOUND. I PASSED THE WHITE VEHICLE, AND MOVED IN BEHIND THE DARK VEHICLE, AND TURNED ON MY OVERHEAD LIGHTS TO INITIATE THE STOP. AS I DID THIS, THE VEHICLE WAS TRAVELING THROUGH THE S -CURVES, AND AT ONE POINT, THE DARK VEHICLE DRIFTED COMPLETELY INTO THE ONCOMING LANE OF TRAFFIC, AND THEN SLOWLY DRIFTED BACK INTO THE EAST BOUND LANE. THE VEHICLE BEGAN TO SLOWLY YIELD TO MY LIGHTS, AND SLOWLY PULLED OFF, ONTO THE SHOULDER, AND THEN VERY SLOWLY ROLLED TO A STOP. DRIVER CONTACT I APPROACHED THE SB VEHICLE, AND ASKED FOR DRIVERS LICENSE, REGISTRATION AND INSURANCE. FROM THE DRIVER'S LICENSE, I IDENTIFIED THE DRIVER AS JUAN RETANA-REYES. THERE WERE TWO OTHER OCCUPANTS IN THE VEHICLE, AND OFFICER FITCH TOLD ME THAT THE ONE IN THE BACK SEAT HAD THREE BEERS IN HIS LAP. THE SB DID NOT SPEAK VERY GOOD ENGLISH, I SUPERVISOR/DATE: ASSIGNED TO: CC: REPORT: 95-1761 OFF: SKAGGS-625 PAGE 2 OF 960145 .7ACCNJ PCL_CE DEPARTMENT 95-1761 - SUFFIX 1 INCIDENT WAS, HOWEVER, ABLE TO COMMUNICATE SOMEWHAT. I COULD SMELL A MODERATED ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM INSIDE THE VEHICLE, AND WHEN THE SB LOOKED AT ME, HIS EYES WERE BLOODSHOT, WATERY, AND HIS SPEECH WAS SLURRED. I ASKED HIM "HOW MANY CERVEZAS" TO WHICH HE REPLIED "THREE." I ASKED HIM "AT LA CANTINA?" TO WHICH HE REPLIED "ROJO." I CHECKED HIS DRIVERS STATUS, AND HE CAME BACK SUSPENDED, WHICH WAS COMFIRMED THROUGH D.O.R. I ASKED HIM TO STEP FROM THE VEHICLE, AND HE DID SO. ROADSIDE MANEUVERS I ASKED THE JUAN TO PERFORM MANEUVERS FOR ME. I EXPLAINED TO HIM IN SPANISH, AS BEST AS I COULD THE NYSTAGMUS, WHICH HE ACKNOWLEDGED HE UNDERSTOOD. THE MANEUVER WAS PERFORMED ON FLAT PAVEMENT. HE WAS NOT WEARING GLASSES OR CONTACTS. HE COULD NOT FOLLOW A SLOWLY MOVING OBJECT SMOOTHLY WITH EITHER EYE, AND THERE WAS DISTINCT JERKING AT MAXIMUM DEVIATION IN BOTH EYES, AND JERKING BEGAN BEFORE EITHER EYE HAD MOVED 45 DEGREES TO THE SIDE. DUE TO THE COMMUNICATION BARRIER, I DID NOT ASK TO PERFORM ANY OTHER MANEUVERS. ARREST BASED ON MY OBSERVATIONS, THE MODERATE ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH, AND THE RESULTS OF THE HORIZONTAL GAZE NYSTAGMUS, I PLACED JUAN INTO CUSTODY FOR D.U.I. VEHICLE DISPOSITION THE TWO OTHER MALES IN THE CAR WERE ALSO INTOXICATED, AND WERE GIVEN A RIDE BY THE ARRESTEES BROTHER WHO WAS DRIVING BEHIND HIM AND STOPPED. THE VEHICLE WAS TOWED BT ELLIOTT'S TOWING. BAC TESTING INFORMATION I TOOK JUAN TO FT. LUPTON POLICE DEPARTMENT, AND HAD A BI LINGUAL EXPLORER EXPLAIN THE EXPRESSED CONSENT RULE. JUAN SUBSEQUENTLY CHOSE A BREATH TEST. TIME OF TEST: 0210 HRS. 20 MINUTE OBSERVATION: FROM 0130 TO 0150 INSTRUMENT SERIAL # 64-002927 INSTRUMENT CERTIFICATION DATE: 08/15/95 OPERATOR RECERT DATE:08/13/95 THERE IS NO EVIDENCE OF CONSUMPTION OF ALCOHOL AFTER DRIVING. THE BREATH TEST SHOWED A BAC OF .114 GRAMS OF ALCOHOL PER 210 LITERS OF BREATH. THE FIRST TWO ATTEMPTS RESULTED IN AN INVALID TEST, AND A DEFECTIVE TEST, WHICH WAS CORRECTED BY THE TRANSLATOR EXPLAINING TO JUAN HOW TO BLOW INTO THE MACHINE. THE THIRD TEST GAVE A VALID RESULT. THE SB. WAS ISSUED A SUMMONS AND NOTICE OF REVOCATION, AND SERVED WITH BOTH, AND TURNED OVER.TO HIS BROTHER. EVIDENCE A SECOND BREATH SAMPLE WAS TAKEN AND PLACED INTO EVIDENCE. SUPERVISOR/DATE: ASSIGNED TO: CC: REPORT: 95-1761 OFF: SKAGGS-625 PAGE 3 OF 960'.1? tT096 • FORENSIC LABORATORIES, INC. 2150 W. 6th, Unit Al Broomfield, Colorado 80020 Phone: (303) 469-8042 Fax: (303) 460-7502 ALCOHOL AND/OR DRUG ANALYSIS PLEASE PRINT DATE: lit l / //� OS / QS-. NUMBER: �S � NAME OF SUBJECT: 2pua..A o.e * z REQUESTING AGENCY: L6ile3 /l, 014,11-kVt r r 0-7191— REQUESTING OFFICER: .r (C P jlbn vt.e I HEREBY GIVE MY CONSENT TO HAVE SPECIMIN DRAWN FOR AN ALCOHOL AND/OR DRUG ANALYSIS. 624-4'7 17-'1 SUBJECT SIit? ld r44 4,, A. WI SIGNATURE PETITIONER'S EXHIBIT TRP. / DIST.: SAMPLE DRAWN BY: I HEREBY CERTIFY THAT I AM QUALIFIED UN SAMPLE DRAWN AT: TIME OF DRAW: SAMPLE DRAWN. MY PRESENCE. / Gtn.5 w/ til Y - 01 oueC LEGAL BLOOD SAMPLES. BLOOD DRAWER till; lett A. P.M. 38204 E N R AND PLACE IN MAILER IN WITNES SIGNATURE TYPE OF SAMPLE: BLOOD URINE SWABS - TYPE OF ANALYSIS: ALCOHOL _ DRUGS TYPE OF DRUGS SUSPECTED DO DRUG ANALYSIS ONLY IF ALCOHOL IS NEGATIVE: DO REGARDLESS: DATE OF ANALYSIS: ANALYSIS METHOD' ALCOHOL RESULT: DRUG RESULT: OTHER. 11/09/95 GAS CHROMATOGRAPHY 0.250 g ethyl alcohol/100m1 blood I HEREBY DECLARE THAT THE RESULTS GIVEN ARE FROM THE SAMPLE DESCRIBED ABOVE. THAT THE ANALYSIS WAS PERFORMED BY BREAKING SEAL NUMBER 38204 . AND THAT THE ABOVE SAMPLE WAS CONTINUOUSLY UNDER MY DIRECTION AND CONTROL. I<L/ SIGN L/9'7 Lt.) J PECIFJCS OF BLOOD KITS 2'. - Sterile Vacutainer tubes containing 100 mg sodium fluoride and 20 mg potassium oxalate. I - Sterile needle 1 - Tow-elette containing aqueous non-volatile antiseptic I . 3Ofl INI SII0103Tp0 00018 m IV ioare s iO WOW i %a% ed. ( J C Co J C tu N NAME OF SUBJECT BLOOD COLLECTORS POLICE OFFICERS IN DATE / O ' NO. ionsten S91110SNItl1NO3-311°JViid �FrAreArnst A ° 960148 *LONNGMONT POLICE DEPARTMENT ARREST/CUSTODY REPORT ❑ ARREST REPORT ONLY C CRIMEIAgRE&T REPORT C SUPPLEMENTAL ARREST 1. DATE OF ARREST fi !-- 9 f 2. TIME OF ARREST t)-1 C dpi TYPE OF CUSTODY tHI/ROBABLE CAUSE - CITIZE NT C CITIZEN ARREST _ CITATION CUSTODY INVOLVED et ADULT C JUVENILE C PROTECTION PAGE / 3. LOCATION OF ARREST Str L City, State. ( / /741//. // G� `/CZ- �7W Zip) 1 //4 MT— G a. TYPE OFF CRIME(MaIor Offense Only) / / ll Lt_t /]' v COPIES TO: TOTALS 5. LOCATION OF OFFENSE �F(Street, City, State. 2101 a' d 1I6 DATE/TIME OF FFENSE ka3Y..r Oa0'7 7. VICTIM'S NAME (First, Middle, Last) 8. RE ENCE ADDRESS (Street. Cit . State. Zip) 9. RESIDENCE PHONE 10. PERSON IN CUSTODY (First. Middle. �^Lest) R-ZV7/O/✓ ! /,eT/iz II. RACE / / r 12. SEX %�i% 13. AGE 4' 14. DATE OF BIRTH 115.7 HT. Ga•r% 16. WT. "/O.- 17. HAIR !Xr IS. EYES Y FYo 19. BUILD 20. NICKNAMEIALIAS 21. MARITAL STATUS z/✓otceL 22. RESIDENCE ADDRESS (Street. City, StittZip) /r5 F cC!// (t./N mT eve 23. RESIDENCE PHONE G.T7- .?/for 24. RELATIONSHIP TO VICTIM 25. PLACE OF BIRTH (City. State) ( 'n. i-rrrn o 26. SSN (v,e ? 27. DRIVERS LIC. NUMBERISTATE 28.YR.EXP. 9 9 29. OCCUPATION C 67.3!•/1-7v. 77o.✓ 30. PLOYER ��0p 31. EMPLOYER ADDRESS / (City. Statet ,s On/ Eter/J end Gerr6pr. o.eT [ o 32. EMPLOYER PHONE '%% 33. HAIR (LgthlType) C OUnk C 1 Bald t 2 Collar C 3 Long 0 4 Shoulder C 5 Short C 6 Receding 34. HAIR STYLE C OUnk C I AimlNat 0 2 Braided O 3 Bushy C 4 Greasy C 5 Military C 6 Ponytail C 7 Processed C 8 Straight p`9 Wavy /puny G tO Wig C 11 Crewcut C 12 Other 35. FACIAL HAIR 'I OUnk 1 Clean Shave 2 Full Beard 3 Fu Manchu 4 Goatee S Lower Lip a 6 Mustache 7 Fuzz 8 Side Burns �L 9 Unshaven 10 Other 36. COMPLEXION C 0Unk C 1 Acne C 2 Dark C 3 Freckled r' 4 Light S Medium 6 Pale C 7 Pocked C 8 Ruddy C 9 Tanned G 10 Other 37. GEN. APPEAR C OUnk 1 Conservative 2 Dirty _ 3 Disguise C 4 Flashy C 5 Gd. Looking C 6 Military C 7 Unkempt C 8 Unusual Odor C 9 WallGroomad E." tO Other 38. DEMEANOR C OUnk C I Angry '- 2 Apologetic /EH 3 Calm C- 4 Disorg. C 5 irrational — 6 Nervous a" 7 Polite C 8 Protesting C 9 Stupor C 10 Violent C 11 Other 39. SPEECH C OUnk C 1 Accent C 2 Lisps C 3 Mumbles ' 4 Offensive es Otis, 6 Rapid C 7 Slow = 8 Stutters C 9 Talkative a 10 Slurred C 11 Other 40. VOICE O OUnk 0 1 Disguised C 21Ngh Pitch 0 3 Loud O 4 Low Pitch (Ea -5 Medium 6 Moncton. 0 7 Nagel O 8 Pleasant O 9 Raspy 0 10 Soft ❑ 11 Other C 1 Coarse D 2 Fine 8 3 Thick ❑ 4 Thinning C S Wiry O 6 Other 41. CLOTHING //JJHIfDESC ION C '•S1 Ai..., J /%%Ca.7.1n.J ,Lor /..3/4e I/ 42. FURTHER DESCRIPTION (Scars, Tattoos. Glasses, Etc.) 43. ADVISED OF RIGHTS BYITIME YES O NO Rs. 44. ST ATEMENT YES ❑ NO d 45. RESISTED YES ❑ NO w._ 89. EVIDENCE OF INJURY, ILLNESS 47. IF TREATED, WHERE 48. EMERGENCY COWACT (First. Middle, Last) Se�.•,4 2 --�..2 49. ADDRESS (Street. City, State. Zip) / — — 4-%N L. j .1 7-/ Co. /.af 50. RELATIONSHIP /✓e,Jhu ij 51. PHONE �) fen— 3d4.S JUVENILE ONLY 52. FATHER/STEPFATHER NAME 53. ADDRESS ( 54. EMPLOYER 55. RES. PHONE 56. BUS. PHONE 57. MOTHER/STEPMOTHER NAME 58. ADDRESS 59. EMPLOYER 60. RES. PHONE 61. BUS. PHONE 62. LIVES WITH 63. RELATIONSHIP 64. SCHOOL 65. GRADE 68. PARENTS NOTIFIED 8Y: WHOM AND HOW 67. DATE 68. TIME 69. LODGING AUTHORIZED BY 70. DATE 71. TIME VEHICLE INFORMATION 72. nYR. Xs 73. MANE -6.eb 74. MOD/EL 1 a t.✓ 75. STYLE PTG 78. COLOR/COLOR Art 77. IJCENSE NO. 379in? L 76. STATE Co 79. ADD'L VEH. IDENTIFIERS 81. VIN NUMBER //%F F/ S,rJFPAtov7c�/ 82. HOLD VEHICLE YES O NOB 83. VEX. IMPOUND MESA NO 0 Q _ =.C3 ..'77s.tMMBNSNEATTRO. 84/q —r -y .7D Y7 �'C�/,�'A"�"l30/ 85. STATUTE NO. 4. 98 CHARGE CAT. Felony 0 Misdemeanor F/^ 87. C aSS 3 O 2 S❑ 88. CHARGE DESCRIPTION /�U4 89. WEAPON ESP ❑ ❑ USED 90. SUMMONSM .MD. 1 i 91. STATUTE NO. )4 4t • A/'/ 3 .7 / 92. CHARGE CAT. Felony ❑ Misdemeanor Ce 93. CLASS 3 ❑ 1 ❑ a ❑ 2 ❑ 5 ❑ 04. CHARGE DESCRIPTION Oct L erve r-, e 95. WEAPON USED YES ❑ NO ❑ 96. SUMMONS/WE-NO. ,r 97. STATUTE NO. t 1O7 .411 C/(� 98. CHARGE CAT. Felony ❑ Misdemeanor C 99. CLASS 3 C 1 ❑ a ❑ 2 5 100. CHARGE DESCRIPTION n ,/ Dr0✓t (.O{-CyrC �d r 4,7 /✓uaj 101. WEAPON USED YES ❑ NO ❑ 102. INITIAL RELEASE (PR, Bond, Parent. Guardian tc.) 103. INITIAL RELEASE DATE / /0.r4C 104. INITIAL RELEASE TIME /nn 105. RELEASING OFFICER I itersie.4,1 - Z z a NO`^U m 108. FINAL DISPOSITION 107. DISPOSITION DATE ; O T H- z 1 C ; I AFFIRM THIS INFORMATION IS TRUE AND CORRECT. 9 IN T a�0 ,, J C I WILL TESTIFY AGAINST THE SUSPECT. , SIGNATURE OF PERSON EPOATING THE INCIDENT v 108. DATE(IME9F REPORT //�"/5r REPORT 1 PIING FILER NO. �� 9�� 110. APP V D NO. / Gfji/ 111. CONNECT NUMBER eCr, ,I./ei. IAIli 960148 11/05/95 . BOULDER COUNTY JAIL MANAGEMENT SYSTEM Page 1 05:07:21 ARREST REPORT JMR932A1 --------------------- -------------------- Name: RAMON ORTIZ hRREST: Case # 95-44974 Agency: LONGMONT PD Date of Arrest: 110595 Time of Arrest: 0225 Printed By: DAVID HINZ Date Printed: 11/05/95 Time Printed: 05:07 DOB: APID # A000065057 Age at Arrest: 045 Number: 1440 CHARGE: D.U.I. - LIQUOR/DRUGS Category: MIS Class: ? UCR Code: Offense Date/Time: 110595/0207 Loc Off: HWY119/WCR 1 LONGMONT CO Next Appearance Date: Time: Jurisdiction Type: Juris Name: Apt #: 42 4 1301 021J Summons #: 923050 Warrant #: Phone: Reason: Division: CHARGE: D.U.I. - DUI PER SE 42 4 1301 Category: MIS Class: ? UCR Code: 021J Summons #: 923050 Offense Date/Time: 110595/0207 Warrant #: Loc Off: HWY119/WCR 1 Apt #: Phone: LONGMONT CO Next Appearance Date: Time: Reason: Jurisdiction Type: Juris Name: Division: CHARGE: DRIVING ON DIVIDED OR CONTROLLED -ACCESS - Category: TRA Class: A UCR Code: 090P Offense Date/Time: 110595/0207 Loc Off: HWY119/WCR 1 Apt #: LONGMONT CO Next Appearance Date: Time: Jurisdiction Type: Juris Name: 42 4 1010 Summons #: 923050 Warrant #: Phone: Reason: Division: CHARGE: D.U.I. - 2ND OFF IN 5 YEARS Category: MIS Class: ? UCR Code: 021J Offense Date/Time: 110595/0207 Loc Off: HWY119/WCR 1 Apt #: LONGMONT CO Next Appearance Date: Time: Jurisdiction Type: Juris Name: 42 4 1301 Summons #: 923050 Warrant #: Phone: Reason: Division: ARRESTEE: APID # A000065057 Name: RAMON Alias: No Aliases Rac:W Sex:M Hgt:507 Work: LABOR POB: Scars: HOM LOC ADD:15 LONGMONT ARR: LONGMONT Gang: E. 5TH AVE CO 80501 HWY119/WCR 1 CO ORTIZ DOB: Wgt:165 Hai:BLK Eye:BRO Mar:SIN SSN: DON GOODSON Drivers Lic#: CO Student: N Military: N Apt #: Apt #: Phone: 6513865 Phone: 960148 .11/05/95 . BOULDER COUNTY JAIL MANAGEMENT SYSTEM 05:07:21 ARREST REPORT Page 2 JMR932A1 NARRATIVE: INITIAL INFORMATION: ON SUNDAY 110595 AT ABOUT 0205 HRS I RESPONDED TO THE AREA OF HWY 119 AND WCR 1 TO INVESTIGATE A REPORTED DUI. THE REPORT STATED THE DUI WAS A RED PICKUP WESTBOUND ON HWY 119 IN THE EASTBOUND LANES. INVESTIGATIVE ACTION: AS I APPROACHED THE AREA I OBSERVED A WELD CO DEPUTY HAD A RED PICK UP STOPPED ABOUT 1/4 MILE WEST OF WCR 1. I CONTACTED DEPUTY MARK PR OFITT OF WELD CO. S.O. WHO HAD THE DRIVER OF THE PICK UP, ARRESTEE 1 RAMON ORTI Z IN CUSTODY. PROFITT TOLD ME HE HAD OBSERVED ORTIZ DRIVING WEST IN THE EASTBO UND LANE OF HWY 119. AT THE TIME HE WAS OBSERVED ORTIZ WAS EAST OF WCR 1 AND DROVE ON THE WRONG SIDE OF THE ABOUT ONE MILE. PROFITT SAID HE OBSERVED ORTIZ CROSS THE MEDIAN AND PULL ONTO THE WEST BOUND LANES AFTER ENTERING THE CITY LIM ITS OF LONGMONT. HE CONTINUED WESTBOUND FOR ABOUT ONE MILE BEFORE FINALLY YIEL DING TO PROFITTS RED OVERHEAD LIGHTS. PROFIT SAID FOR THE TWO MILES OR SO THAT HE OBSERVED ORTIZ , ORTIZ WAS "ALL OVER THE ROAD. AT ONE POINT HE WAS SO FAR O FF THE LEFT SIDE HE ALMOST ROLLED THE TRUCK OF THE SHOULDER." OFC EDGAR SANCHEZ WAS CONTACTED TO ASSIST WITH TRANSLATION SINCE ORTIZ SPOKE BA SICALLY SPANISH. OFC E SANCHEZ RESPONDED AND CONDUCTED ROADSID MANUEVERS FOR ME. I OBSERVED E SANCHEZ GIVE THE INSTRUCTIONS AND ALSO OBSERVED ORTIZ ATTEMPT TO COMPLETE THE M ANUEVERS. ORTIZ FAILED TO PASS THE MANUEVERS SATISFACTORILY AND WAS TAKEN INTO CUSTODY FO R DUI. OFC E SANCHEZ EXPLAINED TO ORTIZ THE IMPLIED CONSENT LAW AND ASKED IF H E WOULD LIKE A BLOOD OR BREATH TEST. ORTIZ STATED HE WOULD TAKE A BLOOD TEST. I TRANSPORTED ORTIZ TO LONGMONT UNITED HOSPITAL WHERE A BLOOD SPECIMAN WAS DRAW N BY TECH. MARION VAN COURT AT 0302. THE SPECIMAN WAS SECURED IN KIT #38204. ORTIZ WAS TAKEN TO LPD FOR BOOKING THEN TRANPORTED TO THE BOULDER CO JAIL. THE BLOOD KIT WAS PLACED INTO PROPERTY AND EVIDENCE. ORTIZ WAS ISSUED SUMMONS # 923050 FOR THE CHARGES LISTED IN THE CHARGING SECTIO N OF THIS REPORT. IMPOUND: N ARREST OFFICER: JEFFREY HOOVER JAIL DATA: Date Bkd: Booking Officer: Module: Room: ***************************** Time: Number: 875 LONGMONT PD Released DT: Released TM: Date Bkd: Number: Booking # End Of Arrest Report 960148 LONGMONT POLICE DEPARTMENT 225 Kimbark Street Longmont, Colorado 80501 Phone: (303) 651-8555 Fax: (303) 651. 2"75 FAX TRANSMITTAL TO: oA4_, AGENCY: _tut- , la FROM: DATE: RE: CASE #: PAGES: NOTES: y, I( ct-ftE 1,1 INCLUDING THIS PAGE. If you do not receive this transmittal in its entirety, or if any page is poorly received, please call (303) 651 - CONFIDENTIALITY NO77CE This message is intended only for the use of the individual or entity to which it is addressed and may. contain information that is privileged, confidential, and exempt disclosure under applicable faw. If the reader of this message is not the intended recipient, or the employee or agent r'esponsiblefordelivering the message solely to the intended recipient, you are hereby notified that eny dissemination, distribution, or copying of this communication is strictly prohibited. If you have receivedthis communication in error, please . notify usimmediately by telephone and returr4 the original messaoe to us at the above address via the U.S.' Postal Service. Thank you. 960145 r Ch ( ate of Occurance) Docket Number DEPUTY DISTRICT AT fORNEYS loan Nagel Lael Wenebo K. Colette Cribari Bryan W. Quiram Laurence DeMuth III John A.D. Pickering Mary T. Keenan Carolyn N. Hoye Deirdre K. Smith Steven Louth Mark Zammuto Katherine Delgado Robin M. Taylor • David A. Archuleta Gary George DATE: FROM: 114) Div.#I / V Next Court Date FIRST ASSISTANT DISTRICT ATTORNEY William C. Wise ASSISTANT DISTRICT ATTORNEY C. Phillip Miller CHIEF TRIAL DEPUTY Peter A. Holstrom CHIEF DEPUTIES Peter M. Maguire Valerie Speirs CHIEF INVESTIGATOR Paul S. LaTorra TO: RE: THE STATE OF COLORADO TWENTIETH JUDICIAL DISTRICT ALEXANDER M. HUNTED__ DISTRICT ATTORNFX' Ane ro cmcr f') (Agency) 7110-'0(V OPT) Z (Defendant) FRc1s-- (Agency Number) l 44 -3 -- Any and all written reports or notes written by officer(s) pertaining to DUI arrest. (This should include: Narrative, arrest report, breath/blood result, urinalysis, intoxilyzer checklist, notice of revocation or denial, any statements taken, etc.) Copy of narrative or report explaining circumstances of arrest. (Include back of summons if issued.) c — Copy of Blood/Breach result. (If breath taken, please include copy of Intoxilyzer checklist.) Urinalysis also. Notice of revocation or denial. Copy of accident report. Copy of witness/victim voluntary statements. ft, pc-ko- Jupoi.J yjnAd em -4-- .fy-rya, Li Liawl, • L cJ iw On r' amp -P_2 . O� iva Oed 4/ tivbk-f od AX0 4,L - try) ,►%aeigs ‘A -1-N1 c-u-ez) - ,A/rutris. creA-C#0 � - BOULDER COUNTY JUSTICE CEN UK • PO 0O1 Cl • IIOUEOIR WI OK ADO 80)06 • 13031 441-1700 • AK 13031 441-4703 -J LONGMONT OFFICE • 505 FOURTH A1 list E. SI rtl 7 • I ONCMOSLtJ 4907 • 13011 678.6:50.441-3131. ear 625h & ,./ ,e L JVV1`YC7 Qg4-# ASAP 466a)ae Other: TEE STATE OF COLORADO TWENTIETE JUDICIAL DISTRICT ALEXANDER M. HUNTER DISTRICT ATTORNEY REQUEST for REPORTS TO: LONGMONT POLICE BUREAU RE: RAMON ORTIZ RPT#: FR95-44974 DATE OF OCCURANCE: 11/05/95 DATE: 11/08/95 FROM: TERI DIV: 10 DOCKET NUMBER: 95T8442 NEXT COURT DATE: 12/06/95 [✓] Any and all written reports or notes written by officer(s) pertaining to DUI arrest. (This should include: narrative, arrest report, breath/blood result, urinalysis, Intoxilyzer checklist, notice of revocation or denial, any statements taken, etc.) [✓] Copy of narrative or report. (Include back of summons, if issued.) [ ] Reason for stop. [✓] Copy of Blood/Breath result. (If breath taken, please include copy of Intoxilyzer checklist.) Urinalysis also. [ ] Notice of revocation or denial. [ ] Copy of accident report. [✓] Copy of victim/witness voluntary statements. [ ] Other: BOULDER COUNTY JUSTICE CENTER P.O. BOX 471 BOULDER, CO 80306 (303) 441-3700 FAX (303) 441-4703 960148 Uri`M9 mod - o-fr ? ar r^ nt tlW 5X99Writ ;1C^,r 7 / J cam/ i l THE STATE OF COLORADO TWENTIETH JUDICIAL DISTRICT ALEXANDER M. HUNTER DISTRICT ATTORNEY I REQUEST for REPORTS lb �10% '2 dgt is K kat �9�efrgZit i,2„ PRA 611819? ilIylill TO: LONGMONT POLICE BUREAU DATE: 11/08/9 RE: RAMON ORTIZ FROM: TERI RPT#: FR95-44974 DOCKET NUMBER: DATE OF OCCURANCE: 11/05/95 NEXT COURT DATE: [✓] Any and all written reports or notes written by officer(s) pertaining to DUI arrest. (This should include: narrative, arrest report, breath/blood result, urinalysis, Intoxilyzer checklist, notice of revocation or denial, any statements taken, etc.) [✓] Copy of narrative or report. (Include back of summons, if issued.) [ ] Reason for stop. [✓] Copy of Blood/Breath result. (If breath taken, please include copy of Intoxilyzer checklist.) Urinalysis also. [ ] Notice of revocation or denial. [ ] Copy of accident report. [✓] Copy of victim/witness voluntary statements. [ ] Other: BOULDER COUNTY JUSTICE CENTER P.O. BOX 471 BOULDER, CO 80306 (303) 441-3700 FAX (303) 441-4703 960148 LONGMONT POLICE DEPARTMENT OFFICER N0. 815 SUPPLEMENTAL FIELD REPORT 9500044974 OFFENSES REPORTED 42-4-1202 (4) (a) D.U.I. ALCOHOL/DRUGS - 2ND CONVICTION IN 5 YEARS LOCATION OF OFFENSE(S) Offense Address: HWY119/WCR 1 Apt: LONGMONT CO., 80501 FIELD REPORT GENERAL INFORMATION Date Range of Offense: Time Range of Offense: Reporting Officer: Date and Time of Report: Approving Supervisor: Date and Time of Review: 11/05/95 to 11/05/95 225 hrs to 225 hrs HOOVER, #875 11/11/95 at 05:49:54 hrs TIM LEWIS, #9111 12/06/95 at 23:12:20 hrs FIELD REPORT CONNECT INFORMATION Connect Number(s): Summons Number(s): C-923050, -, Distribute To: DESCRIPTION OF CRIME OR INCIDENT -1- 960148 'LONGMONT POLICE DEPARTMENT OFFICER NO. 815 SUPPLEMENTAL FIELD REPORT 9500044974 INVOLVED PARTIES ARRESTEE #1 RAMON Vitals: 05/23/50 Home Address: Home Phone: Social Security Employer: Employer Address Employer Phone: Additional: ORTIZ , WHITE/M, 45, 507/165, BLACK/BROWN 15 EAST 5TH AVENUE Apt: LONGMONT CO., 80501 (303) 651-3865 #: DON GOODSON Unit: LONGMONT CO., 80501 -2- 960148 'LONGMONT POLICE DEPARTMENT OFFICER NO, 875 SUPPLEMENTAL FIELD REPORT 9500044974 OFFICER INVESTIGATIVE NARRATIVE SEE JMS REPORT -3- 960148 DACONO POLICE DEPARTMENT 95-1775 - SUFFIX 1 INCIDENT RPT DATE:11/06/1995 RPT TIME:2:24 OFFICER #:625 OFFICER:SKAGGS CLASSIFICATION:DRIVING UNDER THE INFLUENCE CLASS:M OFFENSE ATTEMPTED/COMPLETED:C OCCURANCE LOCATION :I-25 SOUTH OF HWY 52 DISTRICT:4 GANG RELATED:N DOMESTIC VIOLENCEN WEAPON/FORCE USED: AUTOMATIC: OCCURRED EDATE:11/06/1995 ETIME:2:24 LDATE:11/06/1995 LTIME:2:24 # OFFENDERS:1 # ARRESTS:1 # VICTIMS:1 PERSON INVOLVED 001 CODE:V V TYPE:GOVERNMENT ARR TYPE: DATE: TIME: LAST:CITY OF DACONO FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED WITH: ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:512 CHERRY ST, DACONO, CO, 80514 PHONE W:303-833-3095 OCCUPATION: EMPLOYER: PERSON INVOLVED 00 CODE:A V TYPE: ARR TYPE:TAKEN INTO CUSTODY DATE:11/05/1995 TIME:2:27 LAST:MONTES-TREVIZO FIRST:DIEGO MI: DOB: SEX:M RACE:W AGE:24 HGT:510 WGT:165 HAI:BLK EYE:ERO DL#:NO OLN DLS: DRESS: SOCSEC: ARR#:951775B ARMED W/:UNARMED : ARREST CODE:DRIVING UNDER THE INFLUENCE SMN#:4347 ARREST DISPO:ROR JUVDISP: ADDRESS H:1602 ROUTT ST, LAKEWO0D, CO, 80215 PHONE H:303-202-6949 ADDRESS W:2001 YOUNGFIELD, GOLDEN, CO, PHONE W:303-232-5118 OCCUPATION:COOK EMPLOYER: TAFOLINOS PERSON INVOLVED CODE: V TYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED W/: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: PERSON INVOLVED CODE: V TYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED W/: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: PERSON INVOLVED CODE: V TYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED W/: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: SUPERVISOR/DATE: ASSIGNED TO: REPORT: 95-1775 OFF: SKAGGS-625 PAGE 1 OF CC: DACCNO POLICE DEPARTMENT.' 95-1775 - SUFFIX 1 INCIDENT PERSON INVOLVED CODE: VTYPE: ARR TYPE: DATE: TIME: LAST: FIRST: MI: DOB: SEX: RACE: AGE: HGT: WGT: HAI: EYE: DL#: DLS: DRESS: SOCSEC: ARR#: ARMED WI: : ARREST CODE: SMN#: ARREST DISPO: JUVDISP: ADDRESS H:, , , PHONE H: ADDRESS W:, , , PHONE W: OCCUPATION: EMPLOYER: VEHICLE INFORMATION #STOLEN: #RECOVERED: CODE: YEAR: MAKE: MODEL: V1LIC: VALUE $: COLOR (top/bottom): LIS: LIC TYPE: VIN#: ADDITIONAL DESCRIPTORS: VEHICLE #2 CODE: YEAR: MAKE: MODEL: LIC: VALUE$: COLOR (top/bottom): LIS: LIC TYPE: VIN#: ADDITIONAL DESCRIPTORS: PROPERTY ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: ITEM #: TYPE: QTY: VALUE: REC-DATE: INCIDENT STATUS XCLEAR CATEGORY: CLEARANCE DATE: DEPT STATUS: NARRATIVE: PROBABLE CAUSE I WAS RETURNING FROM THE DEL CAMINO AREA, SOUTH BOUND ON I-25, AND I OBSERVED A FORD PICK UP TRUCK IN THE FAR RIGHT LANE WEAVING BADLY. THE PICK UP TRUCK WOULD DRIFT FROM THE CENTER OF THE LANE, OVER THE WHITE BROKEN LINES, AND THEN THE VEHICLE WOULD JERK BACK INTO THE LANE, AND THEN DRIFT ACROSS THE SOLID WHITE LINE, ONTO THE SHOULDER, AND PULL BACK INTO THE LANE. THE SPEEDS WOULD VARY ANYWHERE FROM 50 MPH, TO 65 MPH. AS THE VEHICLE APPROACHED HWY 52 ON I-25, I ACTED AS IF IT WERE GOING TO CONTINUE SOUTH ON I-25, BUT THEN AT THE LAST OPPORTUNITY, IT CAME TO A NEAR STOP ON THE INTERSTATE, AND DROVE ONTO THE OFF RAMP TO HWY 52. THE VEHICLE CAME TO A STOP AT THE STOP SIGN, AND SAT THERE FOR A FEW SECONDS, TURNING ON FIRST IT'S RIGHT TURN SIGNAL, AND THEN IT'S LEFT TURN SIGNAL, AND THEN IT HAD ON NO TURN SIGNALS, AND PROCEEDED BACK ONTO THE INTERSTATE. ONCE BACK ON THE INTERSTATE, THE SAME DRIVING HABIT CONTINUED. I TURNED ON MY OVERHEAD LIGHTS TO STOP THE VEHICLE, AND THE VEHICLE IMMEDIATLEY CAME TO A NEAR ABRUPT STOP IN THE FAR RIGHT LANE, AND THE PULLED ONTO THE SHOULDER. DRIVER CONTACT I APPROACHED THE VEHICLE, AND CONTACTED THE DRIVER. I ASKED FOR A DRIVER'S LICENSE, SUPERVISOR/DATE: ASSIGNED TO: CC: REPORT: 95-1775 OFF: SKAGGS-625 PAGE 2 OF 960148 JACONO ?OJICE 2EPAR:MEN: 95-1775 - SUFFIX 1 INCIDENT REGISTRATION, AND PROOF OF INSURANCE. THE DRIVER LOOKED AT ME AND ADVISED THAT HE HAD NO DRIVER'S LICENSE, BUT SAID THAT HE HAD A TICKET WITH HIS INFORMATION ON IT. I ASKED THE DRIVER IF HE SPOKE ENGLISH, AND HE SAID HE SPOKE A LITTLE, AND SAID THAT HE COULD UNDERSTAND ME A LITTLE BIT. I MADE THE FOLLOWING OBSERVATIONS AT THIS TIME: THE DRIVER HAD BLOODSHOT EYES, AND VERY SLURRED SPEECH, AND I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM THE INSIDE OF THE VEHICLE. THERE WERE THREE OTHER OCCUPANTS IN THE VEHICLE. I ASKED WHERE THEY WERE COMING FROM, AND THE DRIVER REPLIED, "LONGMONT." I ASKED WHERE IN LONGMONT, AND ONE OF THE OCCUPANTS SAID SOMETHING, AND THE DRIVER REPLIED TO ME, "EL ROJO." I ASKED IF HE HAD BEEN DRINKING THERE, AND HE SAID "YEAH." I ASKED HIM HOW MUCH, AND HE SAID "FOUR BEERS." FROM THE TICKET HE HANDED ME, I IDENTIFIED THE DRIVER AS DIEGO MONTEZ-TREVIZO. ROADSIDE MANEUVERS I ASKED DIEGO TO STEP TO THE BACK OF THE VEHICLE, AND ASKED HIM IF HE WOULD DO SOME TESTS FOR ME. HE INDICATED HE WISHED TO COOPERATE. I COULD SMELL A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. I ASKED HIM IF HE WORE ANY GLASSES, AND I COULD SEE HE HAD NO CONTACTS IN. THE MANEUVER WAS CONDUCTED ON SMOOTH PAVEMENT. I EXPLAINED THE HORIZONTAL GAZE NYSTAGMUS TO HIM, AND HE INDICATED HE UNDERSTOOD. HE COULD NOT FOLLOW A SLOWLY MOVING OBJECT SMOOTHLY WITH EITHER EYE, THERE WAS DISTICNT JERKING EVIDENT IN BOTH EYES WHEN HELD AT MAXIMUM DEVIATION; AND THE JERKING BEGAN BEFORE EITHER EYE HAD MOVED 45 DEGREES TO THE SIDE. I EXPLAINED AND DEMONSTRATED THE ONE LEG STAND, AND THE SB INDICATED HE UNDERSTOOD. HE RAISED HIS RIGHT FOOT, AND STOPPED COUNTING ONCE, AND STARTED OVER. HE THEN COMPLETED THE MANEUVER, LOSING BALANCE ONCE. ARREST BASED ON MY OBSERVATIONS, THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE, AND THE RESULTS OF THE FIELD SOBRIETY MANEUVER, I PLACED THE SB UNDE ARREST AT 0227 HRS. FOR D.U.I. VEHICLE DISPOSITION THE VEHICLE WAS RELEASED TO A LICENCED SOBER DRIVER, WHO WAS A PASSENGER IN THE VEHICLE, AN COUSIN OF DIEGO. BAC TESTING INFORMATION I TRANSPORTED THE SB TO THE FT LUPTON POLICE DEPARTMENT, AND MADE ARRANGEMENTS FOR OFFICER RODRIGUEZ)TO TRANSLATE IN SPANISH FOR MEEEXPRESSED CONSENT. AFTER THE EXPLAINATION, THE SB AGREED TO TAKE A BREATH TEST. TIME OF TEST: 0330 HRS 20 MINUTE OBSERVATION: FROM 0300 HRS. TO 0330 HRS. INSTRUMENT SERIAL R 64-002927 INSTRUMENT CERTIFICATION DATE: 08/15/95 OPERATOR CERTIFICATION DATE: 08/13/95 THE RESULTS OF THE BREATH TEST SHOWED A BAC OF .164 GRAMS OF ALCOHOL PER 210 LITERS OF BREATH. THE SB WAS ISSUED A SUMMONS AND A NOTICE OF REVOCATION, AND SERVED WITH A COPY OF BOTH. HE WAS THEN TRANSPORTED TO ISLAND GROVE DETOX FOR PLACEMENT. EVIDENCE A SECOND SAMPLE OF BREATH WAS PUT INTO EVIDENCE. SUPERVISOR/DATE: ASSIGNED TO: REPORT: 95-1775 OFF: SXAGGS-625 PAGE 3 OF CC: 960148 PTXT PAGE NO.0001 GP0803 RM97 12-16-1995 09:50 WELD COUNTY WC9505299 To The WELD COUNTY COURT in Greeley, Colorado, dated this : 3RD day of : DECEMBER, 1995. Pursuant to C.R.S. 16-11-501 (1) (2) (j), The Weld Co. Sheriff's Office is requesting restitution in the amount of : $2.41, upon conviction, for the proscution of C.R.S. 42-4-1301 from: Defendant : SANTANA-SANCHEZ, ALVARO Address : 1328 HY 52 City : ERIE Charges 42413011A DRIVING UNDER INFLUENCE (95) 42413012A DROVE VEH W/EXCESS ALCOHOL (95) EXPENSE CALCULATION Intoxilyzer Supply, Silica Gel Tube $1.98 Intoxilyzer Supply, Mouthpiece $0.23 Intoxilyzer Supply, Test card $0.20 Payable to Comments APPROVAL D.A. Total : $ 2.41 DOB : ST : CO ZIP : 80516 Weld County Sheriff's Office 910 10th Avenue Greeley, Colorado 80631. DISTRICT/COUNTY COURT JUDGE 960148 PTXT PAGE NO.0002 GP0803 RM97 12-16-1995 09:50 WELD COUNTY WC9505299 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-5299 Crime/Incident: DUI N/C: DUI F/M: M Addl Offense F/M: Date reported : 120395 Time Rpt: 0209 Clearing case #: Connecting cases: + INCIDENT DATE -TIME -AND LOCATION IF/Date: 120395 F/T: 0209 Loc: 8500 WCR 7 IT/Date: 120395 T/T: 0209 Case status: CLEARED IDEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA (Drugs/Alcohol: Y ITot Prop Stolen: 'Extent Injuries: Domestic Viol: Evidence/Photos: Y Prop Rcvd: Prop Damg: +************************DATA FOR A PERSON INVOLVED AS A: VIC ***+ - *Name: STATE OF COLORADO DOB: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: * *Occupation: Bus Addr: BusTX: * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR **** *Name: SANTANA-SANCHEZ, ALVARO DOB: * *Addr: 1328 HY 52 Phone: H/B: *City: ERIE St: CO Zip: 80516 OLN: R457160 OLS: CO* *Sex: M Rac: H Eth: H Hgt: 504 Wgt: 152 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: WC11501 Date: 120395 Time: 0209 DR: 5299 DEP: WC0076 * *Location: WCR 18/WCR 7 Accident: N * *Lic Number: SAD7622 Lic ST: CO Lic Yr: VIN: 1GNCT18RGJ0141218 * *V-yr: 88 V -make: CHEV V -model: TK V -style: LL V -color: BLK/BRO * *Court Date: Court Time: * *VIOL -1: 42413011A DRIVING UNDER INFLUENCE (95) *VIOL -2: 42413012A DROVE VEH W/EXCESS ALCOHOL (95) *VIOL -3: *VIOL -4: * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 42413011A DRIVING UNDER INFLUENCE (95) *F/M: M Is There Addl Chgs: Y Booking Date: 120395 Book Time: 0209 * *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting DEP: WC0076 PROFITT, MARK T 960148 ' PTXT PAGE NO.0003 GP0803 RM97 12-16-1995 09:50 WELD COUNTY WC9505299 *: CAM : CITE : BOOK + ADDITIONAL CHARGE DATA + )Chg: 42413012A DROVE VEH W/EXCESS ALCOHOL (95) IF/M: M Cite#: WC11501 Warrant#: War/ORI: I + + ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR *Name: SANTANA-SANCHEZ, ALVARO DOB: *Addr: 1328 HY 52 Phone: *City: ERIE St: CO Zip: 80516 OLN: R457160 *Sex: M Rac: H Eth: H Hgt: 504 Wgt: 152 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION *Cite#: WC11450 Date: 120395 Time: 0209 DR: 5299 DEP: WC0076 * *Location: WCR 7/WCR 18 Accident: N * *Lic Number: SAD7622 Lic ST: CO Lic Yr: VIN: * *V-yr: 88 V -make: CHEV V -model: TK V -style: LL V -color: BLK/BRO * *Court Date: Court Time: * *VIOL -1: 4241007 CHANGED LANES WHEN UNSAFE (95) *VIOL -2: 4241409 NO PROOF OF INSURANCE (95) *VIOL -3: *VIOL -4: * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 4241007 CHANGED LANES WHEN UNSAFE (95) *F/M: M Is There Addl Chgs: Y Booking Date: 120395 Book Time: 0209 * *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK **** H/B: OLS: CO*' * + ADDITIONAL CHARGE DATA IChg: 4241409 NO PROOF OF INSURANCE (95) IF/M: M Cite#: WC11450 Warrant#: War/ORI: + SYNOPSIS OR NARRATIVE : NIGHT TIME RURAL ROADWAY. VEHICLE SEEN SOUTHBOUND ON LISTED ROAD IN THE COUNTY OF WELD, STATE OF COLORADO. VEHICLE NEARLY COLLIDED WITH PATROL UNIT OF DEPUTY. VEHICLE STOPPED, DRIVER FOUND TO BE DUI. 960148 PTXT PAGE NO.0004 GP0803 RM97 12-16-1995 09:50 WELD COUNTY WC9505299 + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: NOTICE OF REVOCATION IITEM NO: 2 DESC: BONDING SHEET IITEM NO: 3 DESC: SUMMONS WC11501, WC11450 IITEM NO: 4 DESC: INTOXILYZER PAPERWORK IITEM NO: 5 DESC: EVIDENCE SHEET S58586 IITEM NO: 6 DESC: VEHICLE REPORT IITEM NO: DESC: (ITEM NO: DESC: PROPERTY THAT IS INVOLVED AS: EVD Date: 120395 Item#: 1 Bra: Mod: Desc: SILICA GEL DEP : WC0076 Val: OAN: Tag#: S58586 Store at: Ser: Pieces: 1 Cat: X Art: SILGEL Mak: T -Cat: Rcvd-Date: R -Val: PROPERTY THAT IS INVOLVED AS: EVD (Date: 120395 Item#: 2 Tag#: S58586 Store at: Bra: Mod: IDesc: TEST SHEET IDEP : WC0076 Val: IOAN: Cal: Ser: Pieces: 1 Cat: P Art: DOCUME Mak: T -Cat: Cal: Rcvd-Date: R -Val: DATA REGARDING A VEHICLE INVOLVED AS A: DUI Date: 120395 Lic: SAD7622 LIS: CO LIY: 96 LIT: PC Vyr : 88 Vma: CHEV Vmo: TK Vst: LL Vco: BLK/BRO Val: VIN: 1GNCT18R9J0141218 Stored: Tow: Y Type: Cond: Interior: Wheels: Windows: Spc-feat: Damage: Lts-out: Ign locked: Doors locked: *****DATA REGARDING A PERSON *Name: SANTANA, ALVARO *Addr: *City: St: DEP: WC0076 Modif: Tire -pat: Exterior: #Occ: Key in car: Paymts curr: Weapons: RELATED TO THE VEHICLE AS A: OWN **** DOB: Sex: Rac: Phone: H/B: Zip: OLN: OLS: + TOWED VEHICLE DATA ITow-by: T AND L TOWING Rel-condition: REL ITow-from: WCR 7/WCR 16 Tow -to: DEP: WC0076 I 960148 PTXT PAGE NO.0006 GP0803 RM97 12-16-1995 09:50 WELD COUNTY WC9505299 DUI OBSERVATIONS ***REASON FOR CONTACT*** ***PHYSICAL OBSERVATIONS*** *BREATH HEAVY ODOR OF AN ALCOHOLIC BEVERAGE. *EYES BLOODSHOT AND WATERY. *EXITING THE VEHICLE UNSTEADY. *WALKING TO ROADSIDES UNSTEADY. *STANDING UNSTEADY. ***ROADSIDE STATEMENTS*** *HOW MUCH HAVE YOU HAD TO DRINK? TWO OR THREE BEERS. *ADVISEMENT THAT ROADSIDES ARE VOLUNTARY. AGREED. *ANY TYPE OF INJURIES? NONE. *ANY TYPE OF MEDICATION NONE. *ANY TYPE OF PHYSICAL. IMPAIRMENTS 960148 PTXT PAGE NO.0007 GP0803 RM97 12-16-1995 09:50 WELD COUNTY WC9505299 NONE. NONE. ***ROADSIDE MANEUVERS*** *SURFACE CONDITION. LEVEL ASPHALT. *LIGHTING CONDITION. DARK. *ONE LEGGED STAND. UNSTEADY. UNABLE TO MAINTAIN RIGHT FOOT OFF OF GROUND FOR MORE THAN THREE SECONDS. *COUNTING. WAS DONE IN SPANISH. STOPPED AFTER APPROXIMATELY TWENTY SECONDS, DUE TO SAFETY CONSIDERATIONS FOR DEFENDANT. ***HORIZONTAL GAZE NYSTAGMUS OBSERVATIONS*** EYES FAILED TO FOLLOW SMOOTHLY. NOTICABLE NYSTAGMUS PRIOR TO 45 DEGREES. VERY PRONOUNCED NYSTAGMUS AT MAXIMUM DEVIATION. ***CHEMICAL TEST SECTION*** *SUSPECT WAS ADVISED OF EXPRESS CONSENT AS PER STATE STATUTE./RESPONSE. REQUESTED TO TAKE BREATH TEST. DEFENDANT AGREED TO TAKE BREATH TEST. ***CHEMICAL TEST PROCEDURES/RESULTS*** THE SUSPECT SUBMITTED TO A BREATH TEST. *INTOXILYZER RAN BY DEPUTY PROFITT. INTOXILYZER RESULTS WERE 0.204 GRAMS OF ALCOHOL PER 210 LITERS OF BREATH. WHICH IS PER -SE. THE SUSPECT'S DRIVERS LICENSE WAS PHYSICALLY TAKEN. *SUSPECT WAS PERSONALLY SERVED WITH A COPY OF THE STATE OF COLORADO REVOCATION FORM. NARRATIVE/FACTS: 960148 PTXT PAGE NO.0008 GP0803 RM97 12-16-1995 09:50 WELD COUNTY WC9505299 AT LISTED TIME AND DATE, WHILE I WAS DRIVING NORTHBOUND ON WELD COUNTY ROAD 7 AT THE LISTED LOCATION, I OBSERVED A VEHICLE APPROACHING ME AT A SLOW RATE OF SPEED. AS THE VEHICLE CONTINUED TO APPROACH ME, I OBSERVED THAT THE DRIVER OF THE VEHICLE APPEARED TO HAVE DRIVEN HIS VEHICLE ACROSS THE CENTER LINE INTO MY LANE. AS THE VEHICLE APPROACHED ME HEAD ON, I WAS REQUIRED TO TAKE EVASIVE ACTION TO THE RIGHT. THE DRIVER OF THE VEHICLE NOTICED MY PRESENCE AND SWERVED BACK OVER INTO HIS RIGHT, PRIOR TO OUR COLLIDING. I MADE A U-TURN AND FOLLOWED THE VEHICLE FOR APPROXIMATELY ONE MILE AND OBSERVED THAT THE VEHICLE CONTINUED TO WEAVE OVER THE CENTER LINE AND WAS CROSSING THE SHOULDER LINE TWO OR THREE TIMES. AS I GOT CLOSER TO THE VEHICLE, THE DRIVER OF THE VEHICLE THEN PULLED TO THE RIGHT AND CAME TO A STOP WITHOUT MY HAVING TO ACTIVATE MY OVERHEAD LIGHTS. AFTER THE VEHICLE CAME TO A STOP, I PULLED UP BEHIND HIM AND ACTIVATED MY EMERGENCY EQUIPMENT. I THEN WALKED UP TO THE VEHICLE AND CONTACTED THE DRIVER, WHO I IDENTIFIED AS THE DEFENDANT. FOR OBSERVATIONS OF MY TRAFFIC STOP, REFER TO THE DUI FORMAT PRIOR TO THIS NARRATIVE. AFTER OFFERING THE VOLUNTARY FIELD MANEUVERS TO THE DEFENDANT, AND HIS. BEING UNABLE TO COMPLETE THEM TO MY SATISFACTION, I ARRESTED THE DEFENDANT FOR DUI AND DETERMINED THAT HE WOULD VOLUNTARILY SUBMIT TO A BREATH TEST. IT SHOULD BE NOTED THAT I ONLY CONDUCTED FIELD MANEUVERS OF THE ONE LEGGED STAND AND HORIZONTAL GAZE NYSTAGMUS, DUE TO THE INABILITY OF THE DEFENDANT TO MAINTAIN HIS BALANCE. I BECAME CONCERNED FOR HIS SAFETY AND MY SAFETY AND DECIDED TO ARREST HIM WITHOUT FURTHER MANEUVERS BEING GIVEN. I TRANSPORTED THE DEFENDANT TO THE FORT LUPTON SUBSTATION WHERE HE SUBMITTED TO A CHEMICAL TEST OF HIS BREATH ON THE INTOXILYZER 5000 WITH THE LISTED RESULTS. AFTER COMPLETING MY PAPERWORK, THE DEFENDANT WAS RELAYED TO THE WELD COUNTY JAIL, WHERE HE WAS BOOKED IN FOR THE LISTED CHARGES. NO FURTHER ACTION TAKEN. THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E 960148 c1DR 2576 (t1194) COLORADO DEPARTMENT OF REVENUE DRIVER CONTROL SECTION 40 W 6114 AVENUE ROOM 102 LAVER CO 80204-5195 v AFFIDAVIT AND NOTICE OF REVOCATION YOU MUST ACT WITHIN 7 DAYS Number 255000 Date of Notice /o3g Respondents Name (taat. fist =dip AAA-97-1;0A� /— - 2 4,..04-.2.0Date of Binh (MO/DAYMR) Address (street, c4, te, ZIP) / 3;4 y C?, Five , loO6 /. Drivers License Number Clans 1 State . C�I� to Sociaf Security Number • . Sex M Weight Ira —Height S's! Hair 8cK Eyes ,i€ZA) no Commercial Motor Vehicle r��t, ❑ yes IN' no Hazardous Materials ❑ yes t5ano Commie nel Driver License ❑ yes You . your -Impaired AY" tat edsccs Fig,a Y/"4S spit Mao `. ORDER THIS enterMN the complete [ 14 -[ (YOU Your 'date permit Revenue previously SURRENDER By may TEMPORARY This by are hereby notified that system. [C.R.S. 42-4-1301 by, alcohol or drugs ?aa9 Ate., bpo34S Lv, ,a ul# tore nit o yi..“ r son's late *es 4Leerlveee AteietteiAS, i..af J3 4- resr OF REVOCATION IS YOUR OFFICIAL order effective the required SR22 insurance a written and drive I Because you refused license and/or driving OFFENSE, THREE Because you submitted revoked for a minimum i COMMERCIAL/HAZMAT license and/or driving OR LIFE FOR 2ND HAVE THE. RIGHT written request for a of notice. You can may be issued, until within seven (7) surrendered, any OF DRIVER'S • on this 'date of notice, you were asked to submit to a test or tests to determine the alcohol and/or drug concentration within (7)]. The following constitute PROBABLE CAUSE to believe you were driving a motor vehicle under the influence of, or - 0.10 or more. or with a blood or breath alcohol content of 0.04 or more (Commercial/HAZMAT operator) or � E 1 Silo your. ativea4 A remit- rea/7cte o.e rJat'1 , it Mi4.E „scroll airt. tD, SrE of toc-e+twoo. As ya44- APPAOA[t% n.i57 r se -5 yre-rt ta1A,••r, set j.)Ei-» t ..new.ae, aF4as.7 tow 0,44 kser4L .fro. *Firm mei/46 Aa....an To s,a Yews .— eisca.e dato.se se t t SAwenns rip.t5- f)Fnes- 5aaPP�` eyes oats. Beeas atier A.angad, r2alty• r eau sD 4LS 0 .1rnaeCC-'f y E6✓ o E s yewt 8tta' J- Zan. gasto rip baee,.Ir it &nye- votu-intey a ti,o1 Van, .:4b avr- e***Ptaa MA, Je►17.3Frteno,-f. yam, 4GRtEO I= of )Iu,w t- AR$14'nd'1 *Mill' * jaax of ,;or/G-nicen eF Mn... (C.R.S. 42.2-126) 0210 Li r at..5 SO B/tax1- • ORDER. Unless you request a hearing within seven (7) calendar days after this *date of notice, the Department of Revenue will eighth (8th) day after the 'date of notice. This order will remain in effect until the provisions of C.R.S. 42.2-132 are complied with, form filed with, and a reinstatement fee is paid to the Department of Revenue. Upon reinstatement, you will be required to test before a new driver license can be issued. Y to take or complete, or to cooperate with the completing of any test or tests of your blood,breath, saliva, and/or urine, your drivers privilege is hereby revoked for a minimum period of ONE YEAR. (Commercial Vehicle Operator - ONE YEAR FOR FIRST YEARS IF HAZARDOUS MATERIAL VIOLATION OR LIFE FOR 2ND OFFENSE). to testing which disclosed an alcohol concentration of 0.10 or more, your drivers license and/or driving privilege is hereby of THREE MONTHS FOR A FIRST REVOCATION or ONE YEAR FOR A SECOND or SUBSEQUENT REVOCATION. OPERATOR: Because you submitted to testing which disclosed an alcohol concentration Oto.04. or more, your drivers privilege is hereby revoked for a minimum of ONE YEAR FOR THE FIRST OFFENSE. THREE YEARS IF HAZ MAT VIOLATION OFFENSE. - TO REQUEST A HEARING [C.R.S. 42-2-126 (8)) hearing and a drivers license must be received by the Colorado Department of Revenue within seven (7) calendar days atter make a request for a hearing at Any Colorado Department of Revenue Motor Vehicle division Drivers License Office. A temporary the date of your first scheduled hearing. If your request and drivers license are not received by the Colorado Department of calendar days after 'date of notice, you waive your right to a hearing and the Department's determination Is final. Unless drivers license in your possession must be surrendered at the time of the hearing request before a hearing will be granted/ LICENSE (5)(b)], the officer is required to take possession of any license held by you. When a valid drivers license is surrendered, the officer which will remain in force for seven (7) calendar days after the 'date of notice. is a temporary permit which expires on the seventh (7th) day after the 'date of notice when indicated below and when signed officer. law [Sa.tiun 42-2-126 issue a temporary permit PERMIT entire notice and order both you and the peace License Surrendered? no Temporary Permit Issued? %yes ❑ no Restrictions/Endorsements: ■ ,yes No temporary permit issued because ❑ License Expired ❑ Under Restraint ❑ No D.L. in Possession 0 Refused to sigrcOptr D 4 Si nature of Respondent C /� bit- k k eC O Number Name of Police Aplenty � u._ -.....thak of fnrml Onginal fbepart ment of Revenue) DEPARTMENT OF REVENUE ri'dC INFORMATION CONCERNING COLORADO LAW 1. Any person wito rives a motorvehicle in Colorado shallbedeemedto have expressed consentto atestofhis/her breath or blood forthe puryoseofdetemtinirg the alcohol content if a police officer has probable cause to believe a person has been driving a motor vehicle while under the influence of, or impaired by alcohol_ ;: 2. Any person who drives a motor vehicle in Colorado shall be required to submit to a test of his/her blood, saliva, and/or urine for the purpose of determining the drug content within his/her system if a police officer has probable cause to believe apefsgn.has been driving,amotpr vehicle while un_ger the influence • of, or impaired by drugs. 3. If you refuse to submit to a test(s)-as required by the Weer:. the test(s)`wgtnothe given and the officerwill.servdiortl ith a Notice and Order of Revocation on behalf of the Department of Revenue to become effective on the eighth (8th) calendar day after 'date of notice shown on other side. 4. A refusal to sign any release or -consent form(s) required by a person authorized to take or withdraw specimens is a refusal to take the required test(s). 5. The result of the tests) or your refusal to take the test(s) may be used in evidence against you in misdemeanor proceedingsencharges which have been or will be filed against you. 8. If you submit to a test which discloses an alcohol content of 0.04 or more (Commercial/HAZMAT Operators) or 0.10 or more the officer shall serve a Notice and Order of ReVocation on behalf of the Department of Revenue to become effective on the eighth (8th) calendar day after 'date of notice shown on theother 7.' prohibits the issuance'of any'ype`ofdriver'Slicensewheltrevaked'pursuark.tothis ordeC:-. -Tx—. OATH I swear (ecatfum) under penalty of perjury that the information and facts contained in this Affidavit and Notice of Revocation are true to the best of my knowledge and belief; and further that I personally?did serve did not serve a copy of this Affidavit and Notice to the respondent on the 'date of notice shown on the front of this Affidavit and Notice form. Signature of Officer Officer Number Yid )071( Date c _ /x;r3 Name of Police Agency It)ab 610. Coln' TO D.Ar, .' 960148 BONDING INFORMATION SHEET Court Case No X3ONI '-'Sick or injured in any way? rja If yes, explain Treating Physician " Location Booking Number Agency Case NumbertJG4S-S)44 Related Case Number (arre warrant) �,,Mileage .ii S.O.≤O. Officer Atm. I. Hiner -re - /. Arresting Agency Jt..t' wI EGe Q I DEFENDANT INFORMATION Name S4Ast . A - SpGr{4t, 4401.40- DOB 03/ (Ma (middle) Current Address /3* csa- L2/e • How Long? 3 'to How long in Weld County? 3 Mo How long in Colorado?1(n SAS How many jobs last 5 years? 2 - Relative in the area? Do they own property? /SO yt3 Do you have someone in Greeley that would be willing to co-sign a bond for you? Marital Status M # of Dependents al— How many times have you failed to appear in Court before? at? Occupation WttLk 2_ Current Employer est.°, v -DA( 4_7 Employer Address tc,i?Ssi-GL2> , CO How long employed 3 4 y Subject's character/reputation (if known) 1 -5/14 - Is Subject identity in question? omit Yes 0 Explain Personal Property seized by arresting agency? (Circle) Yes o Explain Subject's Action (birch.) Resisted (0) **cooperative Armed (2) Combative (3) Assaulted Officer (4) Narrative VS. 5 reflpEv rev_ 11244701c. ✓l Lt LA new, 5..J w+ -s ? h.q.*, • ≤sr Finaano •a SE lear- ns th su LL c CRS/Municipal Code Offense Class Charges La- 14 -lest '7 a 4 T) La „(, 4. c11-Y-/tl04 4J Nv lie PrZoorr o. 1.asu�1r-$Le 'la -4-130! C L to bur to- hi- 130t C AN ear . S& 4 CASE DESCRIPTION nn 0 Victim Name <T)}� Ma COL -0240o out) (first) (middle) Address (numbly) 'Imwtlm.N MY) (no) (VP) Description of injuries, loss, damage, etc. Multiple victims? (=ml.) Yes ®Explain ARREST INFO I Arrest Location 1e-Pl. 7/ l^-%2 It Arrest Date 11035/ Arrest Time Bald Offense Location 1-••••-/2- 7 '/_ " as AWL /s- Offense Date /}e2asr Offense Time Dom/ ' Facts indicating suspect may continue to violate laws, harass, or intimidate witness or flee jurisdiction if released W > ./ Vehicle impounded (PMCN)�No Locati mpo d 1 f L I Y 1 Coco. �,�c ( Q Arresting Officer Signature Bond Recommendation / E Authorizing Deputy's Signature crow TO Mk, 960148 'AUNIPbNM SUMMONS A COMPLAINT OR PENALTY ASSESSMENT ROAb MILE N?. .... THEW°. THE IRATEDFCOLORADO VSI u 4 sa-s�tq CODE - POST ACE '. • CR .:11501 J . TI+,Trn p1inditM(L'AIt XRGr//' -',. ..�.(1.�wWimp (Middle) Date of Bins mo. Day Yr, ) lei—S�Y'i/, '4t. av� r SeT (XTrAll° ( )PHI.; Vbletion Mo. Din Yr. 1ae�(,�jJ 1`/` y(� �uy�y��nf ANyRa '-COURT O�MiWIIE: �( zip Cod• Dimas/lto Trani Appivot TlIIa of VliooNtioon C LKf ��t� S/ v p19 11 dry, /I �� ll IWWW�ggq'nnn� WL7o M �E n pStae Hair Cl me TAN CouN� nryliL,c.✓J FO/ (.AJ EnWo19r Name ERI�YN FWFrtlF Oceuatien 8usi sephau Traffic Accident Inlwltl Involved IS x:.'.1' /. / ( )y« ('S NO ( IYea (*No f• VeYIFi_ IieMree Nuns( and T 'Spq IY`I VMCN Year T(S'AD• Zile,/ TypAor � ryM bMpro�ir - i. Location b4tlen Stars 01 CdorWp 7 /y�Y I ( 670 ��/��F'm/�/o/� ( ) Al Intersection With: !�/ MILES /F�� FROM ��,F (J O F`APPEAR 5a �"4 A6tlw) �(IYi,ema end Address) Sane Hi eberm or YOU ARE SUMMONED AND ORDERED TH TO ANSWER CHARGES AS STATED BELOW IN: . I^ ij�,).`' Z COUNTY COURT AT: IN: COLORADO -ON .,E_AT M °44L Sr As./0 QL l'?n 257 LD 'COUNTY4IFF'S `DEP? - Ili casAROE NB' S 4'/3dt (A63, J\Izeve ved/GY_e S At F 'rwaet -rt GOµGODE (so FINE c---is%�RG SURC E POINTS `-- • L/�c\CFcu.6�tE at • A tm/et_ J pIR0EISECTWN No, .\ / / S . FRa' VL,I c. I' LO .. 4,4. /3bl Y e., FTZ r►- S�c�tSS1-v� COM.CODE ilS FINE 'SURCHARGE / POINTS, W A.Lopilot., en-are/4r ha -atee-sight f 4 ` NRVC I CUSTODIAL I _ f ARREST ('j) FINGER PRINTED (V) CDL ( ) CMCLVEH REO CDL INVOLVED( I PLACARDED KAZ MAT ( ) VICTIMS ASSISTANCE SURCHARGE TOTAL; NTAL N FE FIB IT But I ONE ME NECEUEO - SUMMONS TRAFFIC INFRACTION ( I OFFENSE90 PENALTY ASSESSMENT TRAFFIC INFRACTION I I OFFENSE I I I MAIL ( I IF kF Ai �?I WITHOUT ADMITTING GUILT, I HEREBY PROMISE TO APPEAR ATTNEDME AND RACE INDICATED ABOVE -. UPON PAYMENT OF THIS PENALTY ASSESSMENT WIT IN 20 DAYS. I ACKNOWLEDGE GUILT O( ALL ARGES CONTAINED HEREON AND UNDERSTAND THAT THE I NTS INDICATED ABOVE WILL SE ASSESSED GAINST MY DRIVERS LICENSE. DEFENDANT DEFENDANT NOTICESEE INSTRUCTIONS ON REVERSESIDE NOTICE: SEE INSTRUCTIONS ON REVERSE SID rE ANDNDERSIGNED HAS PROBASLE MAIMSTHAT A COPY OF THISSUUSE TO MMONBELIEVE COMTHAT Tilt Di PL,AINT OR PENALTY ENDANT ASSESSMENTOTHE OFFENSEB WAS DULY SERV ri THE AND •F T NAME DIGNITY OITHEP1 OPwLE.vOF THE STATE OF COLORADO I PON HE 7 '4dfW`F F ' DISTP OOP PATROL / T r j.TJ 3 DATED THIS DAY -OF �^-1�e OFFICER �- • - � ND. ?G Z 1f I . t (� ",IlNIFORMSUMMONS & COMPLAINT OR PENALTY ASSESSMENT ROAD TfA� OF TEESTATEOF COLORADOVS a CODE • (First) (Middle) Date 01 Binh Mo. Gr r,1dri " (O _ Ape` Violation Mo. Del Yr i a �DayTYr. . ..w �E� •.4t D 1irn •• ≤4A� -4t w*4 0 Siff ! 3 d id Traffic 1 l� aze/7'Qid�— T)eerWNYN bdr.M , „(cry Stale ♦Zip Code _ „,jam/,sN Dlrec�yyof Trawl N/3/E W V Approx. Time of Violation D pe i7eMYRI f gat '- Y • 6 ea. lj, , `)ntN 141r Eyes si Marne Tebpdwn Cpu tye jNO.. Emplopar Nave ��i�ppbbyypeReRR��rr Occupation"Bust' eMMone Trraffic'EAcGam M)urltl Involved .. ' I IYes .�No Iris* )�f)No %,. A V Number Type. Vehicle Year Malts Mee Type Sryu Location of VIMMIon, State ol Colorado and �/ 1 `I FE CIE pieta Ii' { or U? Approximate On 4 p(Y,e /� .. to ljV.7LI� ..�..._ Botl� r VIII eGI rte-/ �/f Q Ii /IP/G I 1 At Intersection Wits: 91'' MILES . e FROM/ „let a Irer - ((((dMMMlee��np�dyRRe�irt a Sam as AM : YOU ARE UMMON AN I'IS TO ANSWER CHARGES AS STATED BELOW IN - {s • j Lro e WEI"LuNrT Ai' IN: �'�./�� COLORADO -0N COURT S l" /�%' { ;r AT; L G I lS�mrBK jeki.EC RS n 49'181001 Cl ya7 &iisd r0 i ve w S' tae ' C0AC0DOIINEE.1SURC OMC sin EI:OENTi a 1�3 ( /1....9 i-0A-• - No. 2 ?ION'; / \ CCpI�B Ai3 -'f ' l'/Fry C 1l.J (/Pa& •- • - - ' - opft4T1i 4v gAns $Ea& H/1ff rbt.HDE q/s 7 FINE I/' SURCHa GE E / POINTS OA, PNk /P . NRVC.(V F . Ad CUSTOM. FINGER ARREST ( PRINTED ( I COL ( ) . , GAOL VELA RED LADED COL NVOLVED(. 11 HAI MAT ( I VICTIMS ASSISTANCE SURCHARGE TOTAL; TRu TE N NB M.SMII I ; REF ill YMMAKI SUMMONS TRAFFIC ( I OFFENSE% PENALTY ASSESSMENT TRAFFIC INFRACTION I- I OFF SE I 1 MAILED ( I ' WITHOUT ADMITTING GUILT, I HEREBY PROMISE TO AEAR AT THE TIME AND PLACE INDICATED ABOVE - UPON PAYMENT OF THIS PENALTY ASSESSMENT WITHIN 20•AYS, I ACKNOWLEDGE GUILT OALL CHARGES CONTAINED HEREON AND UNDERSTAND THAT THE POINT NDICATED ABOVE'WILL SE ASSESSED AGAINST'.MY. DRIVER'S LICENSE. !1 e YPe1/ TO De i, DEFENDANT ri . MA DEFENDANT - NOTICE SEE INSTRUCTIONS ON REVERSE SIDE NOTICE: SEE INSTRUCTIONS ON REVERSE SIDE THE UNDERSIGNED HAS PIOSABL - TO BELIEVETHATTHEDEFENDANT COuwTTED THE OFFENSEIS AGAINST THEP CE AND DIGNy,YOFTHE PEOPLE OF THE STATE OF COLORADO ICE P- LAST NAME /1!/L'F•)��Fr✓1 ' DISTRICT'�T�V /I �►A get /j '�•�f(( I/� % / r 1q. 4 J _DATE Tw DAY O K. OFFICER a • MILE POST ACF CRw[ s� -S�q9 Ne'.,. - .114511 (REV 9192) 96 O ! ca - N a' STATE OF COLORADO FORT LUPTON POLICE DEPARTMENT INTOXILYZEF: - ALCOHOL ANALYZER CO MODEL 5000 SN 64-002927 DATE OF TEST 12/03/1995 SUB NAME= SANTANA-SANCHEZ, ALVARO, N SUB DOB = ARST OFCR=PF:OFITT I NSTP OF' =PROFITT TT OP F:ECERT DATE=09/01/95 INTOX PECEF:T DATE=02/15/95 SIM SOLUTION NO=5-05-03 COPY NO 1 OF 01 TEST XBRAC TIME A I F: BLANK .000 0'2 : 53MST CAL. i=HEC .096 02:54MST AIP BLANK .00cl 02:54MST SUBJECT TEST .204 O'2:55MST A I R BLANK .000 02 : 56MST %BRAC = GRAMS/210 LITERS OF' F:A ►O SIGNATURE SAMPLE CAPTURE REQUESTED. COPY TO D.A. 960148 COLORADO DEPARTMENT OF HEALTH APPROVED • OPERATIONAL CHECKLIST FOR EVIDENTIAL DIRECT BREATH TEST(S) INTOXILYZER MODEL 5000 SUBJECT: fitVPto Aire-90.54.selk-r - ( )C 1 1. ( j(.. ) 2. DATE: a3isl7 The subject shall remove any foreign objects, to include dentures, from the nose and mouth. Closely and continuously observe the subject for twenty (20) minutes prior to testing to detect any belching, regurgitation or intake of any foreign material by nose or mouth. If such occurs, another twenty (20) minutes of close observation must elapse under the same conditions. Turn power switch on and/or observe that the power switch has been activated. Observe that the simulator temperature is between 33.8 degrees centigrade and 34.2 degrees centigrade. Activate the Start Test switch. Follow the instructions and sequence of events as they appear on the display screen. After the sequence of events has been completed, properly seal and package the silica, gel tube. Record information as needed. Cut' ied Operat i r Conducting Test CCPY TO D.A: Tar above th diiu it in conformance hith dr Rda and Regulations (the Colorado Baud (Health Relating to Tau foeAl' hd and Ocher Drugs, 5-CQ?-la35-2. as Amended 960148 ate tottf ss.spa :�we'Q.arrtnn�Tm' w[.nar�„trg� liNti ik.".15Y. .... sd COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DIVISION OF LABORATORIES Pursuant to Colorado Revised Statutes, 1994, 42-4-1301, and the Rules and Regulations of the Colorado Board of Iealth related to Tests for Alcohol, approval is hereby granted to 10WT LOre1M I+I:.Ir.5 OKPAMeUM IMTOr1LTZRa MODE:. S000. S.M. N-001+17 eater The aaalaletrative aupervislea and Direction Of GEORGE WARD So perform Direct Breath Tuts for the purpose of determining the alcohol content. She approval shall be effective until aummr 31, 1++4 nnitu yleriovalp- {aoinded. J ` /aOGO5r 13. 1+tS -Date Mu1C a, On. r.R. streedr, Division et Laboratories STATE OF COLORADO FORT LUPTON POLICE DEPARTMENT INTOIILYZER - ALCOHOL ANALYZER CO MODEL 5000 SN 64-00'2327 DATE OF TEST 12/01/1995 COPY NO 1 OF 01 TEST AIR BLANK CAL. CHECK AIR BLANK %BRAG TIME .000 03:20MST .092 03:21MST .000 03:21MST This Solution Was Prepared And Verified By: Colorado Department of Health W.. "%Division of Laboratories 4210 East 11th Avenue Denver. Colorado 80220 (303) 691-4107 STANDARD SIMULATOR SOLUTION LOT#= 5-05-03 DATE PREPARED: WAY 75. 1955 STANDARD VALUE: 0.100 a GRAMS Of alcohol simulator ERS OF BREATH At UE C 1 n RECOMMENDATIONS FOR USE: INYOXILYZER MODEL 5000 Change solution monthly. Do not analyze solution more than 100 times. DATE PLACED INTO SERVICE 1 a -!`Io (DATE AND SIGNATURE) ) ' Keep solution tightly Pepped. Store.solution in a cool, dry, and secure area when not in use. • CC?Y" TO DA, 960148 I• mow\ 48\ � jk : z \3' OIC 3 c‘k CERTIFICATION DATE �o C-ij o. f c Mo.. � aa�l,, a N o 0w� ''f 0 O MARK T. PROFITT has successfully completed the training requirements of the Colorado Board of Health Rules & Regulations governing chemical testing for alcohol and is hereby certified to operate breath testing Instruments to determine alcohol concentration of breath. 25..gavot NOVEMBER 1992 nm,.e un R,xkewx. COPY TO D.L 960148 MARK T_'PROFITT has successfully completed the training requirements of the Colorado Board of Health Rules 8 Regulations governing chemical testing for alcohol and is hereby certified to operate breath tasting instruments to determine alcohol concentration of breath. Iuuedjhe 25„dayy NOVEMBER 1992 O Rimed anwc ddraw 960148 GREELEY POLICE DEPARTMENT/ WELD COUNTY SHERIFF'S OFFICE PROPERTY -EVIDENCE REPORT a 58586 (PREFIX) IGPD USE -0' - WCSO USE -S-1 CASES.. /i)CJ^Jagq EVIDENCE SAFEKEEPING Inun nnn DATE: l n3 ej �' I 03'/≤ LOCATION OF NCADENT: rSoo bac GDc n 7 FFICE AME: (p / Fax no,=, r: - CRIME OR ,ICIDENZ: /jtAi- CLAS VICTIM: _ p �F 1�+ T N/A I Jr -pre o LOLWLRdD OWNERS NA}lE: ADORE S. PHONE RECEIVED FROM: ADDRESS: PHONE: SUSP CT: f I -✓4.20 54fl-4r44-SA^o[, r, ADDRESS: 13;?/wa/ 5? L=•Q/L= PHONE: 5fll 3/35 SUSPECT: ADDRESS: / PHONE: PROPERTY PLACED. ❑ IN DROP LXOIHER EXPLAIF/; rnVrcn1 ■ gum YCn1 Vn■ ITEM NO. QUANTTTY PROPERTYDESCRIPTION (property type) (brand) (make) (model) (serial f) (color) witness signature I l I aIeX/I 17rL1 52ck, ,5/ tics' 2- 1 /6_C_L Tarox1LIZ 52 ,�Oo (esr 5 =T I �.; , U 2 Y CRELEASE RELEASE ITEM NO. RELEASE TO: AUTHORIZED BY: DATE: -CA 1GLtASt Ii tM NU. RELEASE TO: AUTHORIZED 8Y: _I E: ITEM NO. RELEASE TO: AUTHORIZED -BY: DATE: Z of N W U O a LAB REQUEST 0 U >2 s Q z 7) n 3. O z n SYNOPSIS/NARRATNE (NECESSARY ONLY WHEN NO OTHER REPORT IS WRITTEN . %/ % 1, ) -G<7 laoA4l' FOUND PROPERTY ❑ LAB REQUEST ONLY O O REGIONAL LAB N PROPERTY LOCATION v GPO FO/RM 9500 (REVISED 3/93) COPY Ig8s '022092 12 ^.rt v,. ALVARO ANTANASARCH.EZ !41 B. 1304 Av; .,..• NORTHGLENN ,:a.O 040233 *34 '`452 5 04 BLK BRN H342766 • 523659946 I COPY TO D.A.• 960148 TATE OF COLORADO VEHICLE IMPOUND/RECOVERY REPORT 2. Car Report Number lie 4r- rZ 2? GENERAL W I- I - U N 296. Reason for Impound 0 Traffic Accident (2Jtrrest 6 Local Recovery of Outside Steel 1 Traffic Hazard 4 Evidence 7 Outside Recovery of Local Steal 2 Abandoned 5 Local Recovery of Local Steal 4. Initial Offense Classification 10. Offense Reported: ( ) Dispatch ( 1 Citizen (,.l On View ( ) Supervisor 24. Location of Occurrence 26. Occurred CODE: V — Victim RO — Registered Owner LIST FIRM NAME AND CORPORATE NAME, IF DIFFERENT .Cotle 34. Occupation ti Sol 28 UCR Offense Classification 5.00L 16. OFF 11. Juvenile ( ) Yes ('No 1 ) Unknow ‘,0c, Q 17a r h vo c Q Data TimisM�Z _ on 1. Reporting Agency lint & die,/ S. o, I297. pounded Vehicles Police Hold Vas No Available for Yes Release No 3. Connecting Case No. f. UCR Code 8. UCR Status STT \9. UCR Score 12. CCIC Entry Date/Time Year ff_r 113. NCIC Entry Data/Time 114 ORI Number 24e. (�.APublic ( ) Private 27. Dan - Time Reported 25. Geo-Code Month IZ Day 17. UCR Entry Date/Time 03 Year Time 0 23S- 29. Name (Last, First, Middle) H'cVc.-a-d SAO -T N) �. 35.Addrn� RaL 'S IC6 tib)y SZ tiL Co /-' Bus. 30. Sex tk 31. Race 32 Age 33. Date of Birth pen 36. Telephone (X Day) 1 W -s X JOINT INVENTORY 298. Registered Owner Minns tors Su.t.,&.c,.,.a gYi 64. 4.aka r. f pit dentif lc op, IIN umbet/M 66. Style L 299. Address Isar 4‘41_ sz sea. r. ottQm 69. Lisa jVPe 300. Telephone 67 o 1� p -B ,�TA PJ 73. Vehic/Gle /V T i 9 J o i�«.Drama o. 304. Condition 6g/4r1NblerL. 4. Vehicle Engine Number Yes No 302. Odometer Reading /Zf37 (a Yes 70 Lic. Year / e� 301. Value 71. State 00 303. Safety Insp. No. No a. LF Tire n. Keys ea. Motor b. RF Tire p 1C aI- a if - m o. Registration p. Rear View Mirror o. Side View Mirror r. Air Conditioner bb. Battery cc. Radiator c. RR Tire v d. LR Tire dd. Generator/Alternator I- e. Wheels ee. Jack f. Fenders s. Auto Stereo/CB t. Seats (Front) ff. Spare Wheel/Tire N Q W -1 W CC g. Body h. Top Y7 v u. Seats (Rear) i. Hood Grill k. Upholstery I. Antenna _vr,7„ v. Tachometer w. Transmission x. Bumper (Front) Y. Bumper (Rear) z. Hub Caps m. Windows 308. Location of impound h eS/Y'l' G - 1'r44/1A . 311. ReleaseC'at Scene To: tJ K 309. Tow Company 312. Address I gg. Radio hh.Location of Keys Trunk Examined by Impounding Officer ( ) Yes ( ) No Vehicle Appears To Be Operative ( )Yes 1 )No Property Removed From Vehicle end Booked ( ) Yes 1 ) No 3r Operator Signet "' 305. Property/ Evidence Disposition (In Vehicle) 0 Release to Coroner 1 Released to Relative 2 Released to Owner 3 Released to Attorney/Agent 4 Other 306. Reg. Owner Notified. Advised By Date Time 307. ( ) To Be Processed 313. Telephone 314. Release Authorized By: 315. Date 316. Time 317. Signature of Registered Owner 318. Date 319. Time 320. Vehicle Received By: 321. Date 322. Time 323. Vehicle Released By NARRATIVE Ru-Z_ ei cJy /N s:L ROADSIDE AUTHORIZATION I authorize and accept responsibility for the above - captioned vehicle to remain where now parked. and understand that this vehicle must be moved within 24 hours. Operator Witness 324. Private Property Owner's Signature 48. Officer ignatu,NNuum, Number and Unit t 77 CLEF 10 49. Supervisor Initials and Date 50. Assigned To 51. Page of 960148 PTXT PAGE NO.0001 GP0850 RM97 01-23-1996 10:30 WELD COUNTY WC9505684 /O : WC95-5684 Agency Case No. Defendant: GUTTIRREZ, ARMANDO DOB: Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 123095 Charges Statute Class 1: ASSAULT IN THE SECOND DEGREE 18.3.203 F3 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. AT 0152 HOURS, 123095, DEPUTY PROFITT WAS CONDUCTING A BAR CHECK AT THE EL ROJO BAR WHEN HE OBSERVED APPROXIMATELY 15 TO 20 PEOPLE FIGHTING OUT IN THE PARKING LOT. AS DEPUTY PROFITT PULLED INTO THE PARKING LOT, HE OBSERVED A NUMBER OF FIGHTS AND ATTEMPTED TO DISPERSE THE CROWD. DEPUTY PROFITT WAS CONTACTED BY KEITH MOFFETT WHO STATED THAT WHILE THEY WERE ATTEMPTING TO SUBDUE THE FIGHT IN THE PARKING LOT, HE HAD BEEN STRUCK IN THE HAND BY A METAL FENCE POLE WHICH WAS BEING SWUNG BY A PARTY THAT THE SECURITY GUARDS HAD TAKEN INTO CUSTODY. VICTIM MOFFETT FURTHER STATED THAT HE WAS FEELING EXTREME PAIN IN HIS HAND AND DEPUTY PROFITT ADVISED THAT HE NOTICED A PRONOUNCE SWELLING ALONG THE OUTSIDE KNUCKLES OF THE VICTIM'S LEFT HAND. DEPUTY PROFITT FURTHER STATED THAT IT APPEARED THAT MR. MOFFETT'S HAND WAS BROKEN. DEPUTY PROFITT THEN TOOK CUSTODY OF THE PARTY THAT THE SECURITY GUARDS HAD AND IDENTIFIED HIM AS THE DEFENDANT. DEPUTY PROFITT ALSO SEIZED A 32 INCH LONG L -SHAPED METAL FENCE BRACKET MADE OF HARD METAL APPROXIMATELY 1/8 OF AN INCH THICK. VICTIM MOFFETT STATED THAT THE METAL BAR WAS WHAT WAS USED BY THE DEFENDANT AS THE DEFENDANT WAS SWINGING IT. THE VICTIM POSITIVELY IDENTIFIED THE DEFENDANT AS THE PARTY WHO HAD SWUNG THE METAL POST WHICH STRUCK HIM IN THE HAND. THE DEFENDANT WAS TAEN INTO CUSTODY AND CHARGED WITH 18-3-203, SECOND DEGREE ASSAULT, IN THAT BY THE USE OF WHAT DEPUTY PROFITT CONSIDERED TO BE A DEADLY WEAPON, THE DEFENDANT HAD CAUSED INJURY TO ANOTHER PERSON. 960148 PTXT PAGE NO.0002 GP0850 RM97 01-23-1996 10:30 WELD COUNTY WC9505684 Subscribed and sworn to before me this Notary Date Expiration: Affiant's signature day of 1995. 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 is released from custody. JUDGE 6601403 PTXT PAGE NO.0003 GP0850 RM97 01-23-1996 10:30 WELD COUNTY WC9505684 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-5684 Crime/Incident: 2ND DEG ASLT N/C: ASLT F/M. F Addl Offense Date reported : 123095 Time Rpt: 0152 Clearing case #: Connecting cases: WC95-5685 + INCIDENT DATE -TIME -AND LOCATION IF/Date: 123095 F/T: 0152 Loc: 3101 HY 119 IT/Date: 123095 T/T: 0152 Case status: CLEARED IDEP: WC0076 PROFITT, MARK T + CASE STATUS AND MISC DATA Y Drugs/Alcohol: Y Domestic Viol: Evidence/Photos:Dam Tot Prop Stolen: Prop Rcvd: ProP g: lExtent Injuries: SWELLING ON KNUCKLES/EXTEME PAIN OUTSIDE KNUCKLES +************************DATA FOR A BUSINESS***************************+ * *Bus -Name: *Bus -Addy: *Bus -City: St: *************************.***DATA FOR *Name: MOFFETT, KEITH R *Addr: 7894 CONIFER RD *City: DENVER St: CO Zip: 80221 *Sex: M Rac: W Eth: Hgt: Wgt: *Occupation: SEC GUARD Bus Addr: 31 * *Addl Desc Info: * Zip: PERSON INVOLVED AS A: VIC DOB: 110260 4275745 H/B: OLN: L664488 OLS: Hai: Eye: SS: 01 HY 119 BusTX: * * 960148 PTXT PAGE NO.0004 GP0850 RM97 01-23-1996 10:30 WELD COUNTY WC9505684 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR *Name: CUITERREZ, ARMANDO DOB: *Addr: 1600 BROAD ST #4 Phone: H/B: *City: St: Zip: OLN: OLS: *Sex: M Rac: H Eth: H Hgt: 504 Wgt: 150 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: CITE/LOCATION/VEHICLE INFORMATION Date/Time: 1230950210 DR: WC955684 OFF: WC0076 HY 119 Accident: N Yr: VIN: *Cite#: *Location: 3101 *Lic Number: *V-yr: V -make: *Court Date: *VIOL -1: 183203 *VIOL -2: *VIOL -3: *VIOL -4: * BOOKING DETAILS *Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 183203 ASSAULT IN THE SECOND DEGREE *F/M: F Is There Addl Chgs: N Booking Date/Time : 1230950210 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK Lic ST: Lic V -model: V -style: Court Time: ASSAULT IN THE SECOND DEGREE V -color: * * * * * * + SYNOPSIS OR NARRATIVE : NIGHTTIME, BAR PARKING LOT, NUMEROUS PEOPLE INVOLVED IN FIGHT OUTSIDE OF THE BAR. DEFENDANT STRUCK VICTIM IN THE LEFT HAND POSSIBLY BREAKING HAND. DEFENDANT USED IRON BAR WHICH COULD BE CONSTRUED AS A DEADLY WEAPON IN THE USAGE. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: COPY OF BONDING SHEET IITEM NO: 2 DESC: EVIDENCE SHEET S58596 (ITEM NO: DESC: (ITEM NO: DESC: + PROPERTY THAT IS INVOLVED AS: EVD 'Date: 123095 Item#: 1 Tag#: S58596 Store at: IBra: Mod: Ser: IDesc: 32" METAL IVal: Cat: Y Art: UNCLAS Mak: IOAN: Rcvd-Date: Pieces: 1 OFF : T -Cat: Cal: R -Val: 960148 PTXT PAGE NO.0005 GP0850 RM97 01-23-1996 10:30 WELD COUNTY WC9505684 + OFFICERS ON SCENE AT INCIDENT + WC0189 ROBERTS, ROBERT NARRATIVE/FACTS: AT 0152 HOURS ON 123095, I WAS PASSING THE EL ROJO BAR ON HIGHWAY 119, WHEN I OBSERVED A FIGHT IN THE PARKING LOT ON THE WEST SIDE OF THE BAR. I RADIOED FOR COVER AND ADVISED THAT I WOULD BE AT A FIGHT AND GAVE MY LOCATION. AFTER QUELLING THE DISTURBANCE AND WITH THE ASSISTANCE OF DEPUTY ROBERTS, I WAS CONTACTED BY ONE OF THE SECURITY GUARDS, KEITH MOFFETT, WHO STATED THAT ONE OF THE PARTIES THAT THEY HAD TAKEN INTO CUSTODY HAD USED AN IRON BAR TO STRIKE HIM IN THE HAND WHICH HAD POSSIBLY BROKEN HIS HAND. MR. MOFFETT FURTHER STATED THAT THE DEFENDANT HAD BEEN SWINGING THE BAR AT ANYBODY THAT CAME NEAR HIM AND WHEN HE (MOFFETT) HAD ATTEMPTED TO DISARM HIM, THE DEFENDANT HAD SWUNG THE BAR AT HIM AND STRUCK HIM IN THE LEFT HAND. I OBSERVED THE LISTED INJURY TO MOFFETT'S HAND AND NOTICED THAT THERE WAS PRONOUNCED SWELLING ALONG THE FIRST KNUCKLE ON THE RING FINGER AND LITTLE FINGER OF MOFFETT'S HAND. MOFFETT THEN TURNED THE DEFENDANT OVER TO ME, AT WHICH TIME I PLACED HIM UNDER ARREST FOR SECOND DEGREE ASSAULT. I ALSO CONFISCATED A IRON FENCE POST WHICH WAS APPROXIMATELY 32 INCHES LONG AND WAS IDENTIFIED BY MOFFETT AS BEING THE WEAPON THAT THE DEFENDANT HAD BEEN SWINGING. I THEN TRANSPORTED THE DEFENDANT TO THE WELD COUNTY JAIL WHERE HE WAS BOOKED ON THE LISTED CHARGES. IT SHOULD BE NOTED THE CONNECTING CASE REPORT NUMBER WC95-5685 INVOLVED ANOTHER PARTY WHO WAS ALSO INVOLVED IN THIS FIGHT AND WAS ALSO CHARGED WITH FELONY ASSAULT. NO FURTHER ACTION TAKEN AT THIS TIME. THIS IS THE END OF THIS REPORT Report Approved By: WC0071 COGSWELL, LES 960148 PTXT P WC95056841 000001 WC95056t1000001 0 0 000 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC95-5684 Supp Date: 123095 Time: 0440 DEP: WC0189 ROBERTS, ROBERT Crime/Incident: ASSAULT Original Date Reported: 123095 I Case status: CLEARED Victim Name: MOFFETT, KEITH Connecting case numbers: 95-5685 ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: CORDOVA, JEANNETTE DOB: * *Addr: 125 6TH ST Phone: 8332941 H/B: H * *City: DACONO St: CO Zip: 80514 OLN: OLS: * *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: PACKER Bus Addr: 5000 OSAGE DENVER BusTX: 4336221 * * * *Addl Desc Info: * * * NARRATIVE/FACTS: ON 123095, I RESPONDED TO THE EL ROJO BAR AT 3101 HIGHWAY 119, TO ASSIST DEPUTY PROFITT ON A FIGHT IN PROGRESS IN THE PARKING LOT. AFTER GETTING THE SUSPECTS SEPERATED, HANDCUFFED, AND IN THE CARS, I TOOK THE FOLLOWING STATEMENT FROM THE WITNESS, JEANNETTE CORDOVA. ACCORDING TO JEANNETTE CORDOVA, HERSELF AND A GENTLEMAN BY THE NAME OF GEORGE GARCIA WERE WALKING OUT OF THE EL ROJO BAR. WHEN THEY APPROACHED WHERE THE FIGHT WAS TAKING PLACE, TWO OTHER GENTLEMEN JUMPED IN AND STARTED HITTING ON GEORGE CORDOVA. ACCORDING TO JEANNETTE, FRANCISCO GARCIA WAS IN THE TRAILER BEHIND THE BAR WHERE HE LIVES. WHEN HE SAW THAT HIS BROTHER, GEORGE GARCIA, WAS INVOLVED WITH THE FIGHT, HE RAN OUT TO HELP BREAK UP THE FIGHT. JEANNETTE WENT ON TO STATE THAT AT THIS TIME, ONE OF THE PARTIES INVOLVED IN THE FIGHT PULLED A KNIFE, IN WHICH FRANCISCO GARCIA TOOK THE KNIFE AWAY FROM THAT PARTY. 960148 PTXT PAGE NO.0001 GP0850 RM97 01-23-1996 10:30 WELD COUNTY WC9505684 1 THIS IS THE END OF THIS REPORT Report Approved By: WC0071 COGSWELL, LES sv w 960148 PTXT P WC95056842 WC9505684000002 0 0 000002 000 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC95-5684 Supp Date: 123195 Time: 0210 DEP: WC0076 PROFITT, MARK T Crime/Incident: ASSAULT Original Date Reported: 123095 Case status: CLEARED Victim Name: MOFFETT, KEITH Connecting case numbers: WC95-5685, 5697 IITEM NO: IITEM NO: IITEM NO: IITEM NO: NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT 1 DESC: COPY OF AUTHORIZATION TO RELEASE MEDICAL INFOR DESC: DESC: DESC: NARRATIVE/FACTS: SUPPLEMENT TO ADD AUTHORIZATION TO RELEASE MEDICAL INFORMATION FROM THE VICTIM. THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E 960148 PTXT P WC95056843 000003 WC9505684000003 0 0 000 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 03 FOR CASE# : WC95-5684 I Supp Date: 011095 Time: 0745 DEP: WC0076 PROFITT, MARK T Crime/Incident: ASSAULT Original Date Reported: 123095 Case status: CLEARED Victim Name: MOFFETT, KEITH Connecting case numbers: I F NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT 'ITEM NO: 1 DESC: COPY OF MEDICAL RECORDS OF KEITH MOFFETT 'ITEM NO: DESC: 'ITEM NO: DESC: 'ITEM NO: DESC: NARRATIVE/FACTS: RECEIVED COPY OF MEDICAL RECORDS CONCERNING BROKEN HAND OF VICTIM KEITH MOFFETT. MEDICAL RECORDS SUBMITTED TO THE DISTRICT ATTORNEY'S OFFICE FOR THEIR INFORMATION. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: WC0013 RUSCH, HENRY E 960148 PTXT P WC95056844 000004 WC9505684000004 0 0 + 000 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 04 FOR CASE# : WC95-5684 Supp Date: 011096 Time: 1400 DEP: WC0120 YURCHICK, DAVID Crime/Incident: ASSAULT Original Date Reported: 123195 Case status: CLEARED Victim Name: MOFFETT, KEITH Connecting case numbers: + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: 4 PAGE STATEMENT FROM MOFFETT (ITEM NO: 2 DESC: 3 PAGE STATEMENT FROM GIBSON IITEM NO: DESC: IITEM NO: DESC: NARRATIVE/FACTS: + + i ON THIS DATE AT THE REQUEST OF DEPUTY MARK PROFITT, I RESPONDED TO THE RADISSON HOTEL IN NORTHGLENN TO MEET WITH MOFFETT AND GIBSON CONCERNING THIS INCIDENT. AT THAT TIME I OBTAINED THE WRITTEN STATEMENTS THAT MOFFETT AND GIBSON HAD ALREADY PREPARED FOR ME. NO FURTHER ACTION TAKEN BY THIS OFFICER. + i i + THIS IS THE END OF THIS REPORT Report Approved By: WC0062 LEMLEY, MONTE R 960148 PTXT ' WC95056970 000000 WC35056i7000000 0 0 000 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-5697 Crime/Incident: INCITING RIOT N/C: OTHER F/M: F Addl Offense F/M: Date reported : 123095 Time Rpt: 2230 Clearing case #: Connecting cases: WC95-5684, WC95-5685 + INCIDENT DATE -TIME -AND LOCATION IF/Date: 123095 F/T: 0152 Loc: 3101 HY 119 IT/Date: 123095 T/T: 0152 Case status: OPEN IDEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA IDrugs/Alcohol: Y Domestic Viol: Evidence/Photos: ITot Prop Stolen: Prop Rcvd: Prop Damg: 'Extent Injuries: REFER TO WC95-5684 +************************DATA FOR A BUSINESS***************************+ *Bus -Name: * *Bus-Addr: * *Bus -City: St: Zip: ****************************DATA FOR PERSON INVOLVED AS A: SUS *** *Name: OROSCO, LALO DOB: * *Addr: 1641 MAIN ST #129 Phone: H/B: * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 505 Wgt: 119 Hai: BLK Eye: HAZ SS: * *Occupation: LABORER Bus Addr: 1700 GIFFORD DR BusTX: 6840315 * * * *Addl Desc Info: * * * + SYNOPSIS OR NARRATIVE : NIGHT TIME BAR PARKING LOT, SUSPECT INDITED A GROUP OF OVER FIVE PEOPLE TO FIGHT IN THE PARKING LOT, DISTURBANCE INVLOVED APPROXIMATELY 15 TO 20 PEOPLE. SOME PEOPLE INJURED AS A RESULT OF DISTURBANCE A SECURITY GUARD WAS STRUCK WITH AN IRON POLE POSSIBLY BREAKING HIS HAND. SUSPECT WAS INITIALLY CONTACTED BUT DUE TO OTHER FELONIES INVOLVING WEAPONS WAS SUBSEQUENTLY RELEASED PENDING FURTHER REPORT. U- DO 960148 PTXT PAGE NO.0001 GP0850 RM97 01-23-1996 10:31 WELD COUNTY WC9505697 + OFFICERS ON SCENE AT INCIDENT WC0189 ROBERTS, ROBERT NARRATIVE/FACTS: AT THE LISTED TIME AND DATE, WHILE DRIVING BY THE EL ROJO BAR, I OBSERVED A LARGE DISTURBANCE IN THE WEST PARKING LOT. AS I ENTERED THE PARKING LOT WITH MY OVERHEAD LIGHT BAR ON, I OBSERVED AT LEAST 15 TO 20 PEOPLE ENGAGING IN A DISTURBANCE. SOME OF THE INDIVIDUALS WERE ARMED WITH, WHAT APPEARED TO BE, STICKS, AND ONE INDIVIDUAL WAS ARMED WITH A KNIFE. THE INDIVIDUAL WHO WAS ARMED WITH THE KNIFE AND ONE OF THE INDIVIDUALS WHO HAD STRUCK A SECURITY GUARD WITH AN ARMED POLE WAS SUBSEQUENTLY ARRESTED AND CHARGED WITH SECOND DEGREE ASSAULT. REFER TO CONNECTING CASE REPORTS. TWO OF THE SECURITY GUARDS POINTED OUT THE SUSPECT, WHO I LATER IDENTIFIED AS LALO OROSCO, AND ADVISED ME THAT HE WAS THE ONE WHO HAD INCITED THE DISTURBANCE. THEY ADVISED THAT HE HAD STARTED A FIGHT WITH ONE GROUP AND THEN AS THE FRIENDS OF THE COMBANTS ENTERED THE FIGHT, HE BEGAN TO GO AROUND KICKING AND PUNCHING AT THE OTHER PARTIES AS THEY PARTICIPATED. HE CONTINUED TO GO AFTER OTHER PARTIES IN THE DISTURBANCE UNTIL I TOOK HIM INTO CUSTODY. AS MY INITIAL CONTACT WITH THE SUBJECT WAS AS I WAS WALKING A PRISONER, WHO I HAD TAKEN INTO CUSTODY FOR STRIKING A SECURITY GUARD WITH AN IRON BAR, AS I WAS WALKING HIM BACK TO MY PATROL CAR, SUSPECT OROSCO APPROACHED ME IN A THREATENING MANNER, SWINGING HIS ARMS AND YELLING EXCITEDLY. I ORDERED THE SUBJECT TWICE TO STOP TO WHICH HE DID NOT COMPLY. DUE TO THE CONTINUED DISTURBANCES AROUND ME AND THE FACT THAT I DID HAVE A HANDCUFFED PRISONER, AND FEARING FOR MY SAFETY AND HIS SAFETY, I THEN PROCEEDED TO UTILIZE MY SPRAY CHEMICAL TO PREVENT HIM FROM GETTING ANY CLOSER. AFTER SPRAYING HIM WITH MY OC SPRAY, THE PARTY THEN RAN OFF AND I OBSERVED THAT HE PUNCHED TWO OR THREE OTHER PARTIES AS HE WAS LEAVING THE AREA. AFTER POSITIVELY IDENTIFYING HIM AND DUE TO THE FACT THAT I DID HAVE TWO OTHER PRISONERS ON DEFINITE FELONYS, I CLEARED THE PARTY OF ANY WARRANTS, AND AFTER FINDING THEM, RELEASED HIM AT THAT TIME. IT SHOULD BE NOTED THAT THE PARTY WAS INITIALLY TAKEN INTO CUSTODY WHILE WE COULD IDENTIFY HIM AND HE WAS SUBSEQUENTLY RELEASED PENDING ANY FURTHER CHARGES. AFTER DISCUSSING THE SITUATION WITH THE SECURITY GUARDS THAT WERE ON SCENE, I DETERMINDED THAT OROSCO HAD INCITED A GROUP OF FIVE OR MORE PERSONS TO ENGAGE IN A DISTURBANCE AND THAT THE DISTURBANCE CAUSED A BODILY INJURY TO ANOTHER PARTY. CASE WILL BE ASSIGNED OUT FOR FOLLOW UP IN ORDER TO CONTACT OROSCO AND TAKE HIM INTO CUSTODY ON A CLASS FIVE FELONY, INCITING RIOT. NO FURTHER ACTION TAKEN. 960148' PTXT PAGE NO.0002 GP0850 RM97 01-23-1996 10:31 WELD COUNTY WC9505697 THIS IS THE END OF THIS REPORT Report Approved By: W00062 LEMLEY, MONTE R 960148 PTXT PAGE NO.0001 GP0850 RM97 01-23-1996 10:29 WELD COUNTY WC9505685 : WC95-5685 Agency Case No. Defendant: GARCIA, FRANCISCO DOB: Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 123095 Charges Statute Class 1: CRIMINAL ATTEMPT 18.2.101 4F 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. AT APPROXIMATELY 0152 HOURS ON 123095, WHILE QUELLING A DISTURBANCE AT THE EL ROJO BAR AT 3101 HIGHWAY 119 IN THE COUNTY OF WELD, STATE OF COLORADO. DEPUTY PROFITT OBSERVED THE DEFENDANT CONFRONT A SECURITY GUARD WHILE IN POSSESSION OF A SMALL BOOT KNIFE. DEPUTY PROFITT FURTHER HEARD THE SECURITY GUARD TO DROP THE KNIFE AT LEAST FOUR TO FIVE TIMES. DEPUTY PROFITT APPROACHED THE DEFENDANT AND SAW THE DEFENDANT MAKE WHAT APPEARED TO BE SEVERAL STABBING MOTIONS TOWARD THE VICTIM WHO HE LATER IDENTIFIED AS MICHAEL -BEAU GIBSON. DEPUTY PROFITT WAS ABLE TO DISARM THE DEFENDANT AND PLACED HIM INTO CUSTODY. THE DEFENDANT WAS HANDCUFFED AND FRISKED FOR OTHER WEAPONS AND PLACED IN THE BACKSEAT OF DEPUTY PROFITT'S PATROL CAR. DEPUTY PROFITT OBTAINED A VERBAL STATEMENT FROM THE VICTIM TO WHICH THE VICTIM STATED THAT WHILE AND THE OTHER SECURITY GUARDS AT THE BAR WERE TRYING TO STOP A FIGHT, HE HAD OBSERVED THE DEFENDANT ATTEMPTING TO STAB AN UNKNOWN HISPANIC MALE. THE VICTIM STATED THAT WHEN HE INTERVENED, THE DEFENDANT THEN ATTEMPTED TO STAB HIM. AS THE VICTIM CONTINUED TO TELL THE DEFENDANT TO DROB THE KNIFE, VICTIM GIBSON STATED THAT THE DEFENDANT AT LEAST TWO TO THREE TIMES MADE A JABBING MOTION WITH HIS KNIFE HAND. AFTER ARRESTING THE DEFENDANT FOR CRIMINAL ATTEMPT, A SECOND DEGREE ASSAULT, DEPUTY PROFITT SEIZED THE KNIFE AS EVIDENCE AND TRANSPORTED TO DEFENDANT TO THE WELD COUNTY JAIL WHERE HE WAS BOOKED ON THE LISTED CHARGE. DEPUTY PROFITT WAS ABLE TO DETERMINE THAT BY THE DEFENDANT'S CONDUCT AND THE FACT THAT HE DID HAVE A KNIFE IN HIS POSSESSION THAT HE DID TAKE A SUBSTANTIAL STEP TOWARDS COMPLETING THE COMMISSION OF THE OFFENSE OF SECOND DEGREE ASSAULT. IT IS ONLY THROUGH THE ACTIONS OF THE SECURITY GUARD AND DEPUTY PROFITT THAT PREVENTED THE DEFENDANT FROM POSSIBLY STABBING THE VICTIM. 960148 PTXT PAGE NO.0002 GP0850 RM97 01-23-1996 10:29 WELD COUNTY WC9505685 Subscribed and sworn to before me this Notary Date Expiration: Affiant's signature day of 1995. 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 is released from custody. JUDGE 960148 PTXT PAGE NO.0003 GP0850 RM97 01-23-1996 10:29 WELD COUNTY WC9505685 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC95-5685 Crime/Incident: CRIMINAL ATTEMPT N/C: ASLTA F/M: F Addl Offense F/M: Date reported : 123095 Time Rpt: 0152 Clearing case #: Connecting cases: WC95-5684 + INCIDENT DATE -TIME -AND LOCATION IF/Date: 123095 F/T: 0152 Loc: 3181 HY 119 IT/Date: 123095 T/T: 0152 Case status: CLEARED IDEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA IDrugs/Alcohol: Y Domestic Viol: Evidence/Photos: Y ITot Prop Stolen: Prop Rcvd: Prop Damg: 'Extent Injuries: +************************DATA FOR A BUSINESS***************************+ *Bus -Name: *Bus-Addr: *Bus -City: St: Zip: ****************************DATA FOR PERSON INVOLVED AS A: VIC *Name: GIBSON, MICHAEL-BAEU DOB: *Addr: 1406 EMERY CT #C Phone: 4132211 *City: LONGMONT St: CO Zip: 80501 OLN: *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SEC GUARD Bus Addr: 3109 HY 119 BusTX: * *Addl Desc Info: * * H/B: P * OLS: * * * * * 960148 PTXT PAGE NO.0004 GP0850 RM97 01-23-1996 10:29 WELD COUNTY WC9505685 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARR *Name: GARCIA, FRANCISCO DOB: *Addr: 3101 HY 119 Phone: *City: LONGMONT St: CO Zip: OLN: *Sex: M Rac: H Eth: H Hgt: 505 Wgt: 195 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION *Cite#: *Location: 3101 HY *Lic Number: *V-yr: V -make: *Court Date: *VIOL -1: 182101 *VIOL -2: *VIOL -3: *VIOL -4: * BOOKING DETAILS *Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 182101 CRIMINAL ATTEMPT *F/M: F Is There Addl Chgs: N Booking Date/Time : 1230950210 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK Date/Time: 123095 DR: 0210 119 Lic ST: Lic V -model: Court Time: CRIMINAL ATTEMPT Yr: VIN: V -style: V -color: **** H/B: OLS: OFF: WC0076 * Accident: N * * * * * * + SYNOPSIS OR NARRATIVE + : NIGHTTIME, BAR PARKING LOT, DEPUTY PROFITT OBSERVED A LARGE FIGHT IN THE WEST PARKING LOT OF THE BAR. DEFENDANT GARCIA HAD SMALL BOOT KNIFE, ATTEMPTED TO STAB A SECURITY GUARD. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT (ITEM NO: 1 DESC: COPY OF BONDING SHEET (ITEM NO: 2 DESC: EVIDENCE SHEET S58597 (ITEM NO: DESC: IITEM NO: DESC: IDate: 123095 Item#: 1 IBra: Mod: IDesc: BOOT 3 1/2" 'Val: Cat: H JOAN: PROPERTY THAT IS INVOLVED AS: EVD Tag#: S58597 Store at: Ser: Art: KNIFE Rcvd-Date: Mak: Pieces: 1 OFF : WC0076 T -Cat: Cal: R -Val: PTXT PAGE NO.0005 GP0850 RM97 01-23-1996 10:29 WELD COUNTY WC9505685 + OFFICERS ON SCENE AT INCIDENT WC0189 ROBERTS, ROBERT NARRATIVE/FACTS: AT THE LISTED TIME AND DATE, I WAS DRIVING PAST THE EL ROJO BAR WHEN I OBSERVED, WHAT APPEARED TO BE, A LARGE FIGHT IN THE WEST PARKING LOT. I RADIOED FOR COVER AND HEARD THAT DEPUTY ROBERTS WAS EN ROUTE. AS I ENTERED THE PARKING LOT, I EXITED MY VEHICLE AND HEARD ONE OF THE SECURITY GUARDS, WHO I LATER IDENTIFIED AS MICHAEL GIBSON, YELLING AT A HISPANIC MALE TO DROP THE KNIFE. AS I APPROACHED THE AREA WHERE GIBSON AND THE DEFENDANT WERE AT, I OBSERVED THAT THE DEFENDANT HAD A SMALL BOOT KNIFE IN HIS RIGHT HAND AND WAS MAKING JABBING MOTIONS AT MR. GIBSON IN AN APPARENT ATTEMPT TO STAB HIM. DUE TO THE POSSIBLE THREAT OF SERIOUS BODILY INJURY TO GIBSON, I UNHOLSTERED MY DUTY PISTOL AND POINTED IT AT THE DEFENDANT IN ORDER FOR HIM TO DROP THE KNIFE TO WHICH HE COMPLIED. ONCE I SAW THAT GIBSON HAD PUT HIS FOOT OVER THE KNIFE, I THEN REHOLSTERED MY PISTOL AND PLACED THE DEFENDANT IN A WRIST LOCK, AND THEN WITH THE ASSISTANCE OF DEPUTY ROBERTS, PUT HIM IN HANDCUFFS. I THEN FRISKED HIM FOR FURTHER WEAPONS AND HAD DEPUTY ROBERTS PLACE HIM IN THE BACK SEAT OF HIS PATROL CAR, AS THERE WAS STILL A LARGE FIGHT GOING ON. I THEN SECURED THE KNIFE BY PLACING IT IN THE TRUNK OF MY PATROL CAR AND LATER SEIZED IT AS EVIDENCE. AFTER QUELLING THE OTHER DISTURBANCES IN THE PARKING LOT, I FOUND IT NECESSARY TO SPRAY MACE AT A NUMBER OF PEOPLE AS THEY WERE FIGHTING, AS THEY WERE APPROACHING ME AND I FEARED FOR DEPUTY ROBERTS AND MY SAFETY. THE MACE WAS EFFECTIVE AND THE DISTURBANCE WAS HALTED WITH NO FURTHER INJURY TO ANY OTHER PARTIES THAT I COULD DETERMINE. AFTER INSURING THAT THE FIGHT WAS OVER, I RECONTACTED GIBSON WHO STATED THAT WHILE THEY WERE TRYING TO STOP THE FIGHT, HE SAW THE DEFENDANT ATTEMPT TO STAB AN UNKNOWN HISPANIC MALE. GIBSON STATED THAT HE DID NOT SEE WHO THE POSSIBLE VICTIM WAS BUT THAT HE WAS ABLE TO INTERVENE AND PREVENTED THE DEFENDANT FROM STABBING THE MALE. GIBSON FURTHER STATED THAT THE DEFENDANT THEN BACKED UP BETWEEN TWO VEHICLES AND HE ATTEMPTED TO GET HE DEFENDANT TO DROP THE KNIFE. AT THAT POINT, I THEN INTERVENED. GIBSON STATED THAT THE DEFENDANT DID HAVE THE KNIFE IN HIS RIGHT HAND AND THAT HE DID MAKE A NUMBER OF JABBING MOTIONS AT GIBSON IN A POSSIBLE ATTEMPT TO STAB HIM. GIBSON FURTHER STATED THAT HE FELT THAT IT NOT FOR MY INTERVENTION AT THE MOMENT THAT IT HAPPENED, THAT THERE WAS A VERY REAL POSSIBILITY THAT HE COULD HAVE BEEN STABBED. BASED ON THESE STATEMENT OF GIBSON AND MY OBSERVATIONS- OF THE SITUATION, I ARRESTED THE DEFENDANT FOR CRIMINAL ATTEMPT, WHICH IS A CLASS FOUR FELONY, IN THAT HE ATTEMPTED TO STAB THE VICTIM WITH A DEADLY WEAPON PTXT PAGE NO.0006 GP0850 RM97 01-23-1996 1O:29 WELD COUNTY WC9505685 WHICH WOULD CONSTITUTE SECOND DEGREE ASSAULT AND IF THE ACT WOULD HAVE BEEN CARRIED THROUGH. THE DEFENDANT WAS TRANSPORTED BY DEPUTY ROBERTS TO THE WELD COUNTY JAIL WHERE HE WAS BOOKED IN ON THE LISTED CHARGE. IT SHOULD BE NOTED THAT I WAS ABLE TO TALK TO THE DEFENDANT FOR A FEW SECONDS AND WAS ABLE TO DETECT A STRONG ODOR OF AN ALCOHOLIC BEVERAGE COMING FROM HIS BREATH. NO FURTHER ACTION TAKEN. THIS IS THE END OF THIS REPORT Report Approved By: WC0071 COGSWELL, LES DO Nu, 960148 PTXT PAGE NO.0001 GP0850 RM97 01-23-1996 10:31 WELD COUNTY WC9505697 1 : WC95-5697 Agency Case No. Defendant: OROSCO, LALO DOB: Arresting Agency: WELD COUNTY SHERIFF'S OFFICE ARREST DATE : 123195 Charges 1: INCITING RIOT Statute Class 18.9.102 F5 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. AT 0152 HOURS, 123095, DEPUTY PROFITT WHILE DRIVING BY THE ELROJO BAR AT 3101 HWY 119, IN THE COUNTY OF WELD, STATE OF COLOARDO, OBSERVED WHAT APPEARED TO BE A LARGE DISTURBANCE IN THE WEST PARKING LOT OF THE BAR. UPON HIS PULLING INTO THE BAR AND REQUESTING COVER, DEPUTY PROFITT OBSERVED APROXIMATELY 15 TO 20 PEOPLE INVOLVED IN THE DISTURBANCE. DEPUTY PROFITT AND DEPUTY ROBERTS WERE ABLE TO ARREST TWO INDIVIDUALS FOR 2ND DEGREE ASSAULT AND CRIMINAL ATTEMPT, REFER TO CASE REPORT #WC95-5684 AND WC95-5685. DEPUTY PROFITT ALSO TOOK THE DEFENDENT INTO CUSTODY AS DEPUTY PROFITT OBSERVED THE DEFENDENT GOING FROM INDIVIDUAL FIGHT TO INDIVIDUAL FIGHT AND KICKING OR HITTING OTHER PEOPLE IN THE DISTURBANCE. DUE TO THE FACT THAT DEPUTY PROFITT WAS UNAWARE OF THE DFENDENTS INVOLVMENT IN INSTIGATING THE FIGHT AT THE TIME, HE WAS RELEASED PENDING FURTHER INVESTIGATION. DEPUTY PROFITT SUBSEQUENTLY LEARNED FROM THE SECURITY GUARDS AT THE ELROJO BAR THAT THE DEFENDENT HAD INSTIGATED THE DISTURBANCE AND HAD CONTINUED TO INSTIGATE OTHER PEOPLE TO GET INVOLVED. THE SECURITY GUARD STATED THAT HE HAD INITIALLY BEGAN FIGHTING WITH ONE OR TWO PARTIES, AT WHICH TIME, FRIENDS OF THOSE PARTIES BECAME INVOLVED, CREATING A LARGER DISTURBANCE. DEPUTY PROFITT ALSO DETERMINED THAT ONE OF THE SECURITY GUARDS WAS INJURED IN THE COURSE OF THE DISTURBANCE. ON 123195 AT 0145 HOURS, DEPUTY PROFITT RECONTACTED A KEITH MOFFIT, WHO WAS THE SECURITY GUARD WHO WAS INJURIED DURING THE INITIAL DISTURBANCE, AND LEARNED THAT HE HAD BEEN TREATED AT THE SAINT ANTHONYS NORTH HOSPITAL, AND THAT HE HAD BEEN TOLD BY DOCTOR HOGAN AT THE HOSPITAL, THAT HE HAD SUFFERED A BROKEN HAND. DEPUTY PROFITT ALSO OBTAINED PETITIONER'S i EXHIBIT PTXT PAGE NO.0002 GP0850 RM97 01-23-1996 10:31 WELD COUNTY WC9505697 1 STATEMENTS FROM A NUMBER OF OTHER SECURITY GUARDS DUE TO THE EFFECT THAT DEFENDENT HAD BEEN INSIDE THE BAR EARLIER ON 123095, AND HAD INSTIGATED A FIGHT INSIDE, AT WHICH TIME IT CARRIED OVER OUTSIDE INTO THE PARKING LOT. THE DEFENDENT WAS RECONTACTED IN THE PARKING LOT OF THE BAR AND WAS ARRESTED BASED ON THE INFORMATION PROVIDED BY THE SECURITY GUARDS AND BY DEPUTY PROFITT AND DEPUTY ROBERTS OBSERVATIONS. DEPUTY PROFITT BELIEVED THAT THERE WAS PROBABLE CAUSE TO ARREST THE DEFENDENT FOR INCITING A RIOT, IN THAT HE INSTIGATED A LARGE DISTURBANCE THAT INVOLVED MORE THAN FIVE PEOPLE, AND AS A RESULT OF THAT DISTURBANCE, A SECURITY GUARD WAS INJURED, IE A BROKEN HAND. THE DEFENDANT WAS TRANSPORTED TO THE WELD COUNTY JAIL WHERE HE WAS BOOKED ON THE ABOVE CHARGE. Subscribed and sworn to before me this Notary Date Expiration: Affiant's signature day of 1995. 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 is released from custody. JUDGE 960148 PTXT PAGE NO.0003 GP0850 RM97 01-23-1996 10:31 WELD COUNTY WC9505697 1 WELD COUNTY SHERIFF'S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC95-5697 Supp Date: 123195 Time: 0320 DEP: WC0076 PROFITT, MARK T Crime/Incident: INCITING Original Date Reported: 123095 RIOT Case status: CLEARED Victim Name: STATE OF COLORADO Connecting case numbers: WC95-5684/WC95-5685 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARRESTED **** *Name: OROSCO, LALO DOB: * *Addr: 1641 MAIN #129 Phone: 8334836 H/B: H * *City: LONGMONT St: CO Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 505 Wgt: 119 Hai: BLK Eye: HAZ SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: *Location: 3101 HY 119 (LONGMONT) *Lic Number: *V-yr: V -make: *Court Date: *VIOL -1: *VIOL -2: *VIOL -3: *VIOL -4: * *Sc/Mrk/TT: State of Birth: GPD PKG No: *Charge: 189102 INCITING RIOT *F/M: F Is There Addl Chgs: N Booking Date/Time : 1231950205 *DUI BAL: BOOK NO: Warrant #: W/ORI: *Arresting OFF: WC0076 PROFITT, MARK T * : CRM : CITE : BOOK Lic ST: Lic V -model: Court Time: BOOKING DETAILS Date/Time: 1231950205 DR: WC95- Yr: VIN: V -style: 5697 OFF: WC0076 * Accident: V -color: + SYNOPSIS OR NARRATIVE : REFER TO INITIAL REPORT. SUPPLEMENT DUE TO DEFENDANT BEING CONTACTED AND ARRESTED FOR THE CHARGE. * * * 960148 PTXT PAGE NO.0004 GP0850 RM97 01-23-1996 10:31 WELD COUNTY WC9505697 1 + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT IITEM NO: 1 DESC: BONDING INFORMATION SHEET IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: + OFFICERS ON SCENE AT INCIDENT WC0189 ROBERTS, ROBERT NARRATIVE/FACTS: AT APPROXIMATELY 0145 HOURS, 123195, WHILE CONDUCTING A BAR CHECK AT THE OROJO BAR, I OBSERVED THE DEFENDANT SITTING IN A CAR IN THE PARKING LOT. THE DEFENDANT WAS SUBSEQUENTLY ARRESTED FOR INCITING A RIOT AS PER THIS INITIAL REPORT AND WAS TRANSPORTED TO THE WELD COUNTY JAIL WHERE HE WAS BOOKED IN ON THE CHARGE. AFFIDAVIT WAS COMPLETED, STATEMENT FORMS WERE GIVEN TO A NUMBER OF SECURITY PERSONNEL AND OTHER WITTNESSES AND WILL BE COLLECTED ON THE EVENING OF 123195. CASE CLEARED BY ARREST. THIS IS THE END OF THIS REPORT Report Approved By: WC0071 COGSWELL, LES 960148 95A1395 PROSECUTION REPORT POLICE AGENCY: OFFENSE: pATF OF OFFENSE: LOCATION OF OFFENSE: VICTIM(S): Colorado State Patrol Vehicular Homicide Vehicular Homicide Vehicular Assault Driving Under the Influence No Drivers License No Proof of Insurance October 29th, 1995 18-3-106(1)(b) 18-3-106(1)(b) 18-3-205(1)(b) 42-4-1301(1)(a) 42-2-101(1) 42-4-1409(3) 0.4 miles south of MP 238 on Colo 25 In the County of Weld, State of Colorado Ralph Lujan 2430 Chivington Dr. Longmont, Co 80501 Scott Marshall 2430 Chivington Dr. Longmont, Co 80501 Juan Garcia 161 McClure Ave #2 Firestone, Co The People of the State of Colorado PERSON SIGNING COMPLAINT: Trooper Don Nadow Colorado State Patrol 201 14th Ave. Greeley, Co 80631 (970) 350-2200 DEFENDANT: WITNESSES: Jose Martinez DOB - 205 N. Public Rd. #3 Lafayette, Co 80026 Trooper Don Nadow Colorado State Patrol 201 14th Ave. Greeley, Co 80631 PETITIONER'S EXHIBIT 960148 Trooper Wayne Rafferty Colorado State Patrol 201 14th Ave. Greeley, Co 80631 Sgt. Paul Dobrovolny Colorado State Patrol 201 14th Ave. Greeley, Co 80631 Deputy Esch Weld County Sheriffs Dept. Greeley, Co PHYSICAL EVIDENCE: Coroners Report Medical reports Photographs UNDEVELOPED LEADS: Still awaiting the blood and urine results CATEGORY DETAILS: On October 29th, 1995 at 01:22 hrs, I was notified by dispatch of an injury crash on Colo 25 at Colo 119. I responded from the Greeley office and arrived at 01:45. While enroute I was advised that there were two medical helicopters enroute to the crash. I found the crash to be 0.43 miles south of milepost 248 on Colo 25 in the northbound lanes. There were several rescue personnel on scene, and at first look it appeared to be a head on crash. I observed the driver of a Geo metro was unconscious and being treated on the shoulder of the road. I then went to the Ford that was just north of the Geo where paramedics were working on a party sitting in the passenger seat. I was then told that the driver of the Ford was in the ambulance. I went to the ambulance, and found that the party did not speak english. i was told that he was going to be transported to Longmont United Hospital. Deputy Esch advised me that when he arrived, the party in the back of the ambulance was standing between the two crashed vehicles talking to two subjects who had stopped. The passenger in the Ford appeared to be unconscious, and was sitting on the passenger side. He also advised me that with the help of an interpreter, the driver of the Fords name was Jose Martinez, and that he didn't know his date of birth except that it was 05-13, and he was 18 years old. Deputy Esch stated that he had been advised by someone at Del Camino that there was a car going the wrong way on Colo 25 and almost hit them. I then went back to the Geo, and noticed that the passenger in the vehicle was deceased. I called for the coroner and the Sergeant. I then began my investigation, and found that the Ford was traveling south in the northbound left lane of Colo 25, and the Geo was traveling northbound on the left lane of Colo 25. Both vehicles swerved to the right lane, where they struck head on. As I continued my investigation I observed several bottles of Budwieser beer in the Ford. Most of them were empty, and there was also a twelve pack of Budwieser on the 960148 floor in the rear of the vehicle. There was also a strong odor of an alcoholic beverage in the vehicle. Later on at the scene I was advised that the driver of the Geo had died at the hospital. After completing my on scene investigation, I responded to Longmont United Hospital to meet with Trooper Rafferty who had responded to get blood draws. I talked to him, and he stated that Jose was saying that the other vehicle was in the wrong lane, and he tried to miss it. He also stated that he was traveling northbound, and was going to the El Rojo Bar. I did not detect an odor of an alcoholic beverage on Jose' breath at the hospital, but did note that his balance was unsteady. I then obtained a urine sample from Jose. With the help of an interpreter, I obtained his address, but he had no ID on his person. I then placed him under arrest and advised him that he was under arrest. I transported him to the Weld County Jail. At the jail, an interpreter was there and was talking to Mr. Martinez. The interpreter then told me that he stated he didn't remember everything, but that they were going back to Lafayette and there was a car coming the wrong was and he tried to swerve to miss it. He also stated that he has only been in America for four months, and is not in the country legally. On October 30th, 1995 at 19:50 hrs, I talked to Juan Garcia at St Anthony Central Hospital. He did not speak english, but his mother was there and she translated for me. He stated that Jose was driving, and that he did not know where Jose was going, but they were traveling south. He has known Jose for approximately 15 days, and they had been at the El Rojo bar earlier that night. He stated that they got there around nine and left around midnight. He didn't know if Jose had anything to drink because he was at a separate table, but it was possible. 960148 WEFT 1 or_3._sNEem MwM CTRL M Reams ACCIDENT RECORDS E MYY AN. Mawr. C..I.EEM! 55147 (MC STATE OF COLORADO Vehicle #1 & #2 Salvage INVESTIGATOR'. TRAFFIC ACCIDENT REPORT Al CITY EEIWL NUMBER S2025 238 D-00 DATE OF ACCIDENT 10-29-95 DATE NOTIFIED ofm,02O--29-95 ra43°-29-95 DATE OF RaORT10-29-95 NUMBER RULED 2 PUBLICEMEMPLOYEEE 'TOTAL INDIUM; [PHOTO X TIME 01:18 DAY OF WEE[ Sunday INVESTIGATED AT SCENE X OFFICER NUMBER 5975 CITY COUNTY WELD R%Fl j / URE VS 1K 1R ME 01:22 LAW ENFORCEMENT "GE"D`8TATE PATROL NAMED. NADOW B6 TIME 01:45 LOCATION: ROUTE. STREET. ROAD COLO 25 DETAIL 3/A Of ROUTE ET. RD. MILEPOST •�MEB _SET —N = a —t —W Milepost 238 �T THE INTERSECTION WITH UNATTENDED_ PEDESTRIAN,_ RAILROAD CROSSING I COST. ZONE VEHn OR. GTE PRIVATE PROPERTY [INCOMPLETE REPORT PARKED_ UWATTENDE°. PEDESTRIAN 5' lL artEinez, Jose FIRST MI Llll n, Ralph L. MET Ts ESS 5J1RaW°r. Public Rd. #3 ON 303 g� -1196 STREET ADDIif S 2430 C.1ivington Dr. RES.IXONE ,y UU 678-8462 '1 M TA %afayette, Cd X0026 f1PCAGE SPHONE rEone TY °Longmont, 8 Co X 501 L ZIPCADS rcr. S I OIaE �1h�Cnown 1 M M il- 106 Wii!&lar Homicide (DUI) I"3E8 VL(IL(,TIOI.CTEA(1b) IC U1reCiLERIC ile IM"'ord GOy.NON CODEISI °DE} Fairmon nEEEi1& %e6 'ET6 DDDfToor Mite '1'i'' tr21D8CK165875 VIOLATIONIEI VIOLATION CODE'S) . 'CITATION NUMBERISI AR 93 AA -n99 Te1i46XP6750232 LASTNAMbame MAKE hevrolet STA1O BODY TYPE 2 Door 12- i2 11 COMMON CODEISI NI MODEL 1 Geo-met COL R Back 11 11 E1 tz unoz, Pantalent FIRST om VW S. Public Ref Lafayetf@T; Ee&oE Y&OProof POLICY I ADDRESS GTY STATE :lie CODE ?OD 2 E.VP. DATE 01 Ds IOH.aw T .3 ,13 ..2 .T .E E -MODERATE aiXTREME IL . m UINNUINMP �F— 3 :'9 MEI"l TOWEDEY/TDpark Towing, Longmont OWNER OF LASTNAME DAMAGED PROP. IS n IIo Proof POLICY, EiP. DATE A UIW.Iu,IiTga— kEN,2 TOWED BWTOT & L Tow Towing. ADDRESS CITY DAMAGE SEVERITY: I4LIGNT 53 :43 SMODERATE S -EXTREME E3 FIRST X1m 10 II 3 ,I5 f 3 15 CIS 1R Firestone i1A STATE ZIP CODE 4 DESCRIBE ACCIDENT Veh #1 (Martinez) was southbound in the northbound lanes of Colo 25. Veh #2 (Lujan) was northbound on Colo 25. Both vehicles were in the left lane, and swerved to the right lane. Veh #1 struck veh #2 head on. Both vehicles came to rest on their wheels on the right shoulder of the road. '1 BI INDICA 11 %( 22' _3 NORTH R ARROW i 2 2 2T APavI d Shoulder 2.cI _ 10' �`. -ow 'ft whe vEN 11 1 1 2 2 F.. (2) 1 3 1 3 D1 2 2 1 1 EIS 111 2 2 2 2 IS) 15) 3 4 5 5 P gal 1 1 1 1 SUM ITI 1 1 2 2 Try RPI III 00000 )0000 )0000 )0000 24 28 i C. 24.6 14 M *P0I 5.5' III) f Lgne� a 1. C0'.0 25 Porthb and Lines S1Ackto )Dr its Wheels Same As Garcia, Same As Longmont 9 M}les Driver #1 Juan, Unknown Address Driver #2 I Marshall -.-Scott, 2430 Chivington Dr. Longmont, CO 960148 Ka_Tb CSAR OS159S O.5 --)14C G(cI2g5; aZ141i5 08.141i5- 0 IP t 0111i ( /00295 /0DSis- Time m//c -o/eH 14 Fe PETITIONER'S 1 EXHIBIT Liauo4 Srui- Avaic*Ecf cs52n.e' > ak/aX&4 Bud /BKa Lr4/1/3 _ sect -v4-4._ r6, pits- SA/nCC PRedtc5n • Nort'u t.?Ai/a2Gr35 'nee ,4- Alex_ e.>a124.6 S.ttA 5®/Hc,mAXG /t th0, m ) Ev6nyaoe Srz,e/xso ee_crtt'.-G 7 StE5 , .t.rzeo ,mm Peo8tEZ...s 'wen _ AN. P2o1StdmS an° �u.rna7 And.162a &S Pon2or>5 SReL �Rt./GJG- derv_ 8er2t6 ff"6t-t- neag5 SuJ1gy OLAIA- -U.IS -Pfi7xc:i.S .1)MuK tb& ) VP 3 -.S 1a V CLFya p / $nEMrr Cm µ Sato -TWAT Gar's-tE S Pur\aLSEt 13E€IL MLD�tErat't- — AM1D'T40LAvaiC T caT R WAS C:KiU U- SO. 0140 i& bA.,1 Qt— o Y tr n L C rs UJEY b BALM larkb Sro\IPtll 1 -4 5j C.usrp µ\fits Nf P-PrTIS'a •— SeNt. J3s-%I twS Or 13i{L It' TAU Les L;31-114 C,U,SToLLAX+L-S -- S rALko A C.ks>t., 3NuWK p 2 c gp-cvt o -F $ua E+i -WIDC? T3ift-. 0 L 3 S SAr, h ena 4fl -9G . 490 / 2y8 L , %tus ,Otwtho OIto Sua> ) ) CNtcxtst . , Auw.erwLS PrnitbtJS Srrw DruJvj.Y> OI,Seju ISAurc.c) CkPvwuz ) 31 ° 1.„W. SCLI)CZ -TOO F -fl S 1b t PiecnutA A\M {ko-e- PT , Trure,.5"C -- at, WAS Sri 1�.�' ?IT',\Mibf `< l 4 �r3J . Dn7 P/ou �•n arrisoi A F.ay.-r eve wine La 4onzt 7,/ Fuec h4 -so. hOu.+p 4 n9u/,rtZ3e4 o7 P.l+Aaj5 /4s/DE ante. Sundt - 41.cor/v- 5ncc 'Er./a ✓-542 p/w it..rien- 617cc SCE") e..) ridte5 o// S opal/v/so 0130 ENs/j' o 636" 3,4) fr TAIL- -To)AltSC3-' C 6U. J con - .54,%46 ,n t4aov6. (5.in s-tuiLY rr74 CC ) Al�Ci�nl� FL.11 iJc}� or St45l ni / qma C/t2 /thoioV1c 7s AeVowo io Fla/trio l5tsr S &'nets /G.F,1-5 oP Beira t- / S5t/or sF Eta/uo. ,4150 ee AV , 4/ oP tsnr ,o .. 61-494.5 7A t7 it4o .L) Ar gf3STO 1r A, , . ,r� lfue 960148 F PETITIONER'S EXHIBIT I J OFFICE OF COUNTY ATTORNEY PHONE (970) 356-4000 EXT 4391 FAX (970) 352-0242 P.O. BOX 1948 GREELEY.. CO 80632 lURe. COLORADO CERTIFIED MAIL Charles Kline 1707 North Main, Suite 301 Longmont, CO 80501 Dear Mr. Kline: January 30, 1996 RE: Show Cause Hearing Upon Renewal of Tavern Liquor License, Helen and Isauro Chavez, d/b/a El Rojo Lounge A Show Cause Hearing upon the application for renewal for the tavern liquor license for Helen and Isauro Chavez, d/b/a El Rojo Lounge, will take place on February 12, 1996. at 9:00 a.m. in the first floor meeting room of the Weld Centennial Center Complex, 915 10th Street, Greeley, Colorado. At the Show Cause Hearing, the Board of County Commissioners will hear evidence presented by the Weld County Sheriffs Office alleging the existence of at least one of three factors set forth in Weld County Ordinance 102-A. Those factors are: Whether there have been any violations in the past one year period by the licensee or by any of the agents, servants, or employees of the licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. Evidence showing excessive noise, rowdiness, or disturbances on the continuous basis in the immediate area of the licensed premise which has been substantially the result of the operation of the licensed premise. 3. Evidence that a person or person(s) convicted under § 42-4-1202, C.R.S., of driving under the influence of alcohol or driving while ability impaired did become intoxicated at said licensed premise. 960148 Kline Letter Page 2 January 30, 1996 The Board of County Commissioner's Resolution approving the renewal of the tavern liquor license for 1995 included five Conditions of Approval. The Sheriffs Office will present evidence at the Show Cause Hearing on February 12, 1996, alleging that at least one of the following conditions contained in the Board's February 9, 1995, Resolution has been violated: No one under 21 years of age may be allowed into the establishment, except band members and staff A valid picture ID is required from all patrons. Training is required for all security guards, bartenders, and owners. The establishment may only sell alcohol on Fridays, Saturdays. and Sundays, must stop selling alcohol at 11:59 p.m. on Sundays. It is my understanding that you will represent the Chavezes, d/b/a El Rojo Lounge in the Show Cause Hearing. By letter dated January 12, 1996, 1 sent to you copies of all of the information presented to the Board for its consideration in the probable cause hearing on January 17, 1996. Those items included copies of the following documents: A. Weld County Ordinance 102-A. B. A letter addressed to me and dated December 26, 1995, from Mark T. Profitt, Deputy II. Weld County Sheriffs Office. The letter accompanied the various incident reports and explained some of the contacts between the Sheriffs Office personnel and the tavern during the past year. C. My Memorandum to the Board of County Commissioners dated January 5, 1996. The Resolution approved by the Board of County Commissioners dated February 9, 1995, which renewed the tavern liquor license for Helen and Isauro Chavez, d/b/a El Rojo Lounge. E. A listing of contacts made by Deputy Mark Profitt at the El Rojo Lounge between March 27, 1995 and October 9, 1995. F. A prosecution report from the Colorado State Patrol regarding a vehicular homicide case which occurred on October 29, 1995. Various incident reports with dates and synopses as shown on the enclosed list. 960148 Kline Letter Page 3 January 30, 1996 All of the above information was delivered by certified mail to the Chavezes at the El Rojo Lounge, 3101 Highway 119, Longmont, Colorado 80501-9543. Also enclosed are copies of the following documents: 1. General Procedures for Adjudicatory Type Hearings. These procedures are set forth in the Weld County, Colorado General Administrative Handbook. 2. Additional Incident Reports relating to the El Rojo Lounge for the following report numbers: WC9505684, WC9505685, and WC9505697. It is my understanding that the Sheriffs Office plans to present evidence relating to these incidents at the Show Cause Hearing on February 12, 1996. The Resolution of the Board of County Commissioners, dated January 17, 1996, setting the Show Cause Hearing for February 12, 1996. Deputy District Attorney Bill Starks will represent the Sheriffs Office at the Show Cause Hearing. Ile may be reached at (970) 356-4000. extension 4706. If you should have any questions regarding this letter or the enclosed, or any questions regarding the procedures for the Show Cause Hearing, please feel free to call me at (970) 356-4000, extension 4390. Sincerely, 4 Bruce T. Barker Weld County Attorney BTB/wi:let\kline Enclosures PS Form 3800, June 1991 pc: Clerk to the Board Bill Starks Postmark or Date TOTAL Postage & Fees Return Receipt Showing to Whom, Date, end Addressee's Address Return Receipt Showing to Whom & Date Delivered Restricted Delivery Fee Special Delivery Fee Certified Fee 0 m P.O , State end ZIP Code 301 Longmont, CO 8050 Street end No. 1707 North Main, Suit $eCharles Kline fD (S fN 02 0 c 0 0 0 :D m O m mmomv moma� Sao - 0 1 m m m op U, mo m e 960148 M1 m • w ea to OO V m SENDER: Asa Complete items 1 and/or 2 for drtlona samces w • Complete item? 3sand 4a ts b Tr3.. �3 c Y following services (for an extra • Print\' name andraabress on a rewrite ? form so that we can fee) .• return this hard to you.; • Attach f this form to the front Of the mailpmce or'on the back if space 1." ❑ Addressee's Address r does not permit. c 1. >' v • Write Return Receipt Requested" on the mal= piece below the article number. 2. Restricted Delivery • • The Return Receipt will show to whom the article was delivered and the date d•l,,,e,ed Consult postmaster for fee. e d j also wish to receive the• 3. Article Addressed to: .. • 4a. Article Number Charles Kline P 008 109 615 1707; North; Main, Suite 301 3 Longmont, CO •, 80501 it W C C Q ci 5. Signature (Addressee),,. I -- Sig r eht ! ' t PS Form 3811, December 1991 4b. Service Type ❑.Registered,; ❑ a Certified ❑ ❑;Express Mail r❑ •r= 7 Date of Delivery,'. Insured COD Return Receipt for Merchandise 8. Addressee's Address (Only if requested and fee is paid) 960149 nus.GPo:1eea-352714- ?DOMESTIC RETURN RECEIPT flat POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION WILDa SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING COLORADO DATE March 23, 1992 PAGE 79 GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING A. PURPOSE AND INSTRUCTIONS 1. The purpose of this outline is to provide boards, commissioners, department heads, and other administrative bodies in Weld County with a set of general procedures necessary to conduct hearings in accordance with due process standards. These procedures shall be used only when sections of the Weld County Administrative Code, or other Weld County regulatory ordinances or resolutions, do not specifically address the procedural problems which arise in the course of administrative hearings. If a specific procedure from the Code, an ordinance, or regulation, should conflict with any procedure from this general outline, then the specific procedure should be followed. B. PRESENCE OF PERSON AGAINST WHOM COMPLAINT IS MADE 1. A hearing may be conducted without the personal presence of the person against whom the complaint is made so long as adequate notice has been given. C. REPRESENTATION 1. The person against whom the complaint is made may be represented by counsel at the hearing. The complaining Weld County department, or its subunit, may also be represented by counsel. The board, commission, department head, or other administrative body has the option of having a legal advisor present at the hearing. D. POSTPONEMENTS AND EXTENSIONS 1. Postponements of hearings and extensions of time may be requested by either party or his designated agent. However, the granting of such postponements or extensions shall be made only upon the showing of good cause and is at the sole discretion of the presiding officer. II I PETITIONER'S EXHIBIT 960149 f COLORADO POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 80 E. PRESIDING OFFICER 1. The Chairman of the board, commission, other administrative body, or the department head, shall serve as the presiding officer. The presiding officer shall ensure that order is maintained and ensure that all participants in the hearing have a reasonable opportunity to be heard and to present oral and documentary evidence. He shall be entitled to determine the order of procedure during the hearing and shall have the opportunity and discretion to make all rulings on questions which pertain to matters of the conduct of the hearing and to admissibility of evidence. F. - CONFLICTS OF INTEREST 1. A member of the board, commission, other administrative body, or the department head hearing the case, may withdraw at any time if he deems himself disqualified or for any other good reason, unless his withdrawal makes it impossible for the board, commission, department head, or other administrative body to render a decision. 2. Upon a timely and good faith objection to any personal bias of any member of the board, commission, other administrative body, or of the department head, the presiding officer shall forthwith rule upon the objection as part of the record in the case, and shall take any actions he deems appropriate in order to alleviate the personal bias, if so found. Any possible objection to personal bias shall be deemed waived if not made in good faith and in a timely manner as determined by the presiding officer. G. RIGHTS OF PARTIES 1. At the hearing, each of the parties shall have the right to: a. Call and examine witnesses. b. Introduce exhibits. c. Cross-examine any witnesses on any matter relevant to the issues. d. Impeach any witness. e. Rebut any evidence. 960148 POLICIES AND PROCEDURES favil WIIDc. COLORADO SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 81 2. If the person against whom the complaint is made does not testify in his own behalf, he may be called and examined as if under cross- examination. H. PROCEDURE AND EVIDENCE 1. The hearing shall be conducted informally and not subject to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective positions should be afforded the parties. Evidence presented at the hearing may include the following: a. Oral testimony of witnesses. b. Briefs, memoranda, or other related information. c. Any material contained in the department files regarding the person involved. d. Any other relevant material. 2. Each party shall, prior to or during the hearing, be entitled to submit memoranda concerning any matters being considered by the board, commission, department head, or other administrative body. Such memoranda shall become a part of the hearing record. 3. The board, commission, department head, or other administrative body may receive and consider evidence not admissible under the standard rules of evidence, if such evidence possesses probative value commonly acceptable by reasonable and prudent men in the conduct of their affairs. 4. The presiding officer may exclude unduly repetitious evidence. 5. Objections to evidentiary offers may be made and shall be noted in the record. 960148 itcr; COLORADO POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 82 I. SPECIFIC PROCEDURES 1. Call the board, commission, or other administrative body to order and take roll. 2. Announce the matter to be heard. Determine whether all parties involved in the matter to be heard are present and that all such persons are ready to proceed. 3. Call the representative(s) of the complaining Weld County Department, or its subunit, to proceed with their case. a. They may give a short statement of their case, summarizing their position. b. They may present witnesses on direct examination. The witnesses will each then be subject to cross-examination by the other party and may be questioned by the board, commission, department head, or other administrative body. The representative(s) may then question their witnesses on any new matters brought up on cross-examination. c. They may introduce exhibits. 4. After the representative(s) of the complaining Weld County Department, or its subunit, have presented their case in chief, the other party is called to proceed and he shall present his case in the same manner as the complaining department or subunit. 5. The complaining department or sub -unit may then rebut any matter brought out in the other party's case. 6. The members of the board, commission, other administrative body, or the department head, may examine any witnesses, call any additional witnesses for examination, and request the submission of any exhibits. 960148 POLICIES AND PROCEDURES �1 /o WIVc. COLORADO SECTION GENERAL ADMINISTRATION SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING DATE March 23, 1992 PAGE 83 J. BURDEN OF PROOF 1. The complaining Weld County department, or its sub -unit, shall have the burden of proving its case by a "preponderance of the evidence." Likewise, the person against whom the complaint is made shall have the burden of proving any affirmative defenses by a "preponderance of the evidence." "Preponderance of the evidence" is defined as that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. Colorado Jury Instructions 2d, Section 3:1(4). K. RECORD OF HEARING 1. A record of the hearing shall be made that is of sufficient accuracy to permit an informed and valid judgment to be made by any person that may later be called upon to review the record and render a recommendation or decision in the matter. The board, commission, department head, or other administrative body shall select a method to be used for making the record and this may be accomplished by use of a court reporter, or electronic recording unit, or detailed transcription or by taking detailed minutes. If the board, commission, department head or other administrative body selects a method other than a court reporter and the person against whom the complaint is made requests that the costs a reporter theuse of court or be used, theenthe sure requesting party shall pay reporter. L. RECORDS AND ADJOURNMENT 1. The board, commission, department head, or other administrative body may recess the hearing and reconvene thesame for the convenience of the parties or for the purpose of obtaining new or additional evidence or consultation. Upon the conclusion of the presentation of oral and written evidence, the hearing shall be closed. The board, commission, department head, or other administrative body may thereupon, at a time convenient to itself, conduct its deliberations outside the presence of the parties. Upon conclusion of its deliberations, the hearing shall be declared finally adjourned. 960148 or; POLICIES AND PROCEDURES SECTION GENERAL ADMINISTRATION WID �SUBJECT GENERAL PROCEDURES FOR ADJUDICATORY-TYPE HEARING COLORADO. DATE March 23, 1992 PAGE 84 M. FINDINGS AND DECISION 1. Within five (5) working days after the final adjournment of the hearing, the board, commission, department head, or other administrative body shall make a written report of its findings and decisions in the matter and submit the same to the person against whom the complaint is made and the complaining Weld County department or its subunit. The decision shall be supported in the report by a concise statement citing the basis of its decision. The decision shall be based upon evidence produced at the hearing and may be announced orally and reduced to writing in accordance with this section. N. NOTICE 1. Notice of the Adjudicatory-Type Hearing shall be sent by certified mail, return receipt requested, to the person against whom the complaint is made at least ten (10) days prior to the date of the hearing. Said notice shall be effective upon the date of mailing and shall be mailed to the address listed in the permit. Notice may also be served upon the person against whom the complaint is made in accordance with the Colorado Rules of Civil Procedure. 2. Said notice shall inform the person against whom the complaint is made of the following: a. The specific circumstances of the complaint; and b. The time, date, and place of the Adjudicatory-Type Hearing. 3. Said notice shall not be necessary if the person against whom the complaint is made was present at a Probable Cause Hearing concerning the same complaint and was then notified of the time, date and place of the Adjudicatory-Type Hearing. 4. The person against whom the complaint is made shall be deemed notified of the Adjudicatory-Type Hearing if he received a copy of a resolution or other statement which specifies the outcome of the Probable Cause Hearing concerning the same complaint and which sets the time, date, and place of the Adjudicatory-Type Hearing. 960148 \C, .OF THE siyeTh GREELEY OFFICE 910 10TH AVENUE GREELEY, CO 80631 PHONE (970) 356-4015 Mark T. Profitt Deputy II Weld County Sheriff's Office.., ED JORDAN FT. LUPTON SUB -STATION 330 PARK AVENUE FT. LUPTON, CO 80621 PHONE (907) 356-4015 EXT.5906 (303) 857-2465 12/26/95 Mr. Barker, Per your request, the enclosed consists of results of various bar checks, reports and other items concerning the El Rojo Bar at 3101. Hwy 119. The in- formation was compiled by deputies assigned to Dist. 2/Weld County. Reports were submitted by Deputies and officers from Dacono PD, and Longmont PD. I am still waiting for reports from Frederick PD and CSP. These reports will be submitted upon my receiving th Bar checks were conducted by Deput.�e Genova, Roberts and my- self. Particular attention was being focused on Sunday evenings to determine if the bar was complying with conditions set forth, by the commissioners. these checks found that liquor was still being sold and consumed after midnight on the following dates: 032795, 040295, 042495, 042695, 051595, 061295, 071795, 081495, 082195, 091195, 092495, 100295 100995 and 111995.' On 100995, I also checked for ID's from 6 patrons. I found that 4 of these patrons did not have ID's and were still admatted into the bar. Two of these patrons had been served alconolic beverages. When I confronted Helen Chavez of this, she stated that they were passing their ID's around for other people to use. The majority of the reports enclosed deal with DUI's that have been arrested after drinking in the bar. The csp report that I am waiting on concerns an acci- dent involving two fatalities on 1-25. The driver of the "at -fault" vehicle is GREELEY OFFICE 910 10TH AVENUE GREELEY, CO 80631 PHONE (970) 356-4015 ED JORDAN FT. LUPTON SUB -STATION 330 PARK AVENUE FT. LUPTON, CO 80621 PHONE (907) 356-4015 EXT.5906 (303) 857-2465 1,6 an 18 year old male who had been in the bar just prior to the accident. He had no ID on his person and did tell Trooper Nadow that he was in the bar dancing. This is also a violation of the conditions set down. If you will recall, the bar is prohibited from allowing anyone under the age of 21 in the bar, except for em- ployees. The must also have a valid ID card, on their person, to gain entry. In all the bar checks that I have done, and in talking with the other deputies, we have yet to see any ID's checked at the door when people are coming in. I have also not received the copies of the training certificates for the wait - persons or the security guards as required by the commissioners. One report, CR #95-4425, concerns a criminal mischief to a marked patrol unit while I was inside the bar doing a bar check. I discovered the damage when I was dispatched to an in -progress fight in Del Camino. Someone had sliced the front right tire of my unit 12 times, .rendering me unable to respond to the call. There was a security guard in the 'front lot when I.went inside;, however, he must not have seen anything. As a result of this, bar checks at the El Rojo are being con- ducted by at least two deputies, one for the check and one to watch the cars. Again, there is still more information coming in and as soon as it gets to me I'll send copies to you. Any questions, please feel free to contact me. Y MARK T. PROFITT' Deputy II, WCSO 960148 From: W. Esch To: El Rojo Bar File Sub.: Serving of alcohol after midnight on Sundays On September 24, 1995. at 0015 hours, while conducting a bar check at the El Rojo Bar, I observed Isaac, one of the owners, serve two customers a six-pack of beer (Budweiser). L)L-7 960148 OFFICE OF THE SHERIFF MEMORANDUM TO Bruce Barker FROM Mark T. Profitt DATE 010896 RE El Rojo Bar Mr. Barker, One other condition that the commissioners had placed on the bar was the training for their security personnel and wait staff. If you recall, they were to complete the training and get copies of the certificates to me to include in the bar file. As of today, the Chavez's have not provided me with the copies. I attempted on a number of occassions in the spring to obtain the certificates, but was told by Helen Chavez that she didn't have them with her, or that she was still trying to arrange training, or that same of her employees were still in training, ect. I then went on vacation in June and after returning, decided to have the bar take the responsibility for getting the certificates to me. As I said earlier, as of today, still no certificates. I also conducted a bar check at 0110, 010896 at the El Rojo, and found a few patrons still consuming alcoholi beverages and observed four patrons enter the bar without an ID check at the door. Any other information you can think of that you may need, please call me. MARK T. PRO ITT Deputy II, W.C.S.O. R PETITIONER'S I EXHIBIT a (c 960148 AFFIDAVIT OF MARK T. PROFITT The affiant, Mark T. Profitt, being duly sworn upon oath, states as follows: 1. That I am employed as a Deputy II at the Weld County Sheriffs Office. 2. That on January 26, 1996, at 23:25 hours, I posted a sign which includes the following information by the front door of the El Rojo Lounge, 3101 Colorado State Highway 119, Longmont, Colorado 80504: NOTICE PURSUANT TO THE LIQUOR LAWS OF COLORADO Isauro & Helen Chavez, dba El Rojo Lounge 3101 Highway 119 Longmont, CO 80504 HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO TO RENEW A TAVERN LIQUOR LICENSE AT THIS LOCATION TO DISPENSE malt, vinous, & spirituous liquor SHOW CAUSE HEARING ON APPLICATION TO BE HELD AT Pursuant to Weld County Ordinance No. 102-A TIME AND DATE: FEBRUARY 12, 1996, 9:00 a.m. DATE OF APPLICATION: DECEMBER 15, 1995 BY ORDER OF: Board of County Commissioners, Weld County, Colorado Clerk to Board's Office, 915 10th Street, Greeley, CO Third Floor s PETITIONER'S € EXHIBIT 3. That after noticing the sign posted as notice for the hearing did not include the address where the hearing was to take place, I reposted the location with a new sign, including all of the above information, and said address on February 6, 1996. FURTHER, affiant sayeth naught. 19 Mark T. Profitt, Deputy II Weld County Sheriffs Office SUBSCRIBED AND SWORN to before me this day of WITNESS my hand and official seal. My commission expires: Notary Public 960148 AFFIDAVIT OF MARK T. PROFITT The affiant, Mark T. Profitt, being duly sworn upon oath, states as follows: 1. That I am employed as a Deputy II at the Weld County Sheriffs Office. 2. That on January 26, 1996, at 23:25 hours, I posted a sign which includes the following information by the front door of the El Rojo Lounge, 3101 Colorado State Highway 119, Longmont, Colorado 80504: NOTICE PETITIONER'S e EXHIBIT E a,et. PURSUANT TO THE LIQUOR LAWS OF COLORADO Isauro & Helen Chavez, dba El Rojo Lounge 3101 Highway 119 Longmont, CO 80504 HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO TO RENEW A TAVERN LIQUOR LICENSE AT THIS LOCATION TO DISPENSE malt, vinous, & spirituous liquor SHOW CAUSE HEARING ON APPLICATION TO BE HELD AT Pursuant to Weld County Ordinance No. 102-A TIME AND DATE: FEBRUARY 12, 1996, 9:00 a.m. DATE OF APPLICATION: DECEMBER 15, 1995 BY ORDER OF: Board of County Commissioners, Weld County, Colorado Clerk to Board's Office, 915 10th Street, Greeley, CO Third Floor 3. That after noticing the sign posted as notice for the hearing did not include the address where the hearing was to take place, I reposted the location with a new sign, including all of the above information, and said address on February 6, 1996. FURTHER, affiant sayeth naught. 19 Mark T Profitt, Deputy I Weld County Sheriffs office D SWORN to before me this A& `day and and official seal. My Comm. Ixpires Oct. 7.1996 My commission expires: 'c i %`C. J UGC-wli� otary Public 960148 RESPONDENTS EXHIBITS A. B. C. D. M:\Elrojol.db Basic Security Guard Instruction Certificate of Completion for Francisco Garcia-Loya, Brent Clayton, Jose Oscar Marino Canales, Isauro Chavez, Helen Chavez, Amado Moreles-E., Troy M. Hunt, and Virgil Gonzales; Document entitled "BASIC SECURITY GUARD INSTRUCTION OUTLINE Hourly Breakdown." Package of receipts from Nor -Colo Distributing Company for the El Rojo Lounge. Document entitled "Evans Police Department Fee Schedule" with attached list of dates, case numbers, and offenses related to bar in Evans, Colorado. Inspection Report for El Rojo Lounge dated December 15, 1995, by David Sauter, State of Colorado, Liquor Enforcement Division 960148 960148 960148 960148 960148 960148 BASIC SECURITY GUARD INSTRUCTION OUTLINE Hourly Breakdown Introduction to Security/ Ethics 1 hour Patrol and Observation IS hours Public Relations/Presentation of Self I hours Residential, Business, Retail, and Institutional Security 1 hours Special Events Security Handling Emergencies l hour Interview/Interrogation 1 hour Field Notes/ Report Writing 2 hours Criminal Justice System 3 hours How it works Criminal process and Colorado Courts Federal and state law enforcement agencies in Colorado Bill of Rights: Fourth, Fifth, and Sixth Amendments Working with Local Police Crime Scene Do's and Don'ts Courtroom Testimony Defining Crime Colorado Revised Statutes Assault Burglary Robbery Theft Criminal Mischief Criminal Trespass Criminal Tampering Disorderly Conduct Harassment Loitering Citizen's Arrest/per C -R -S Private Citizens and Weapons/per C -R -S Impersonating a Peace Officer/per C -R -S Use of Physical Force/per C -R -S Civil Liability Final Exam e Antuna 1994 1 hour 1 hour 1 hour 3 hours 2 hours 2 hours 2 hours 0.5 hours 960148 960148 -{ 960148 960149 r 960348 A 1 E . 11/29/.',5 T iE C:.A3 t.JI':0:04' ,..y �.,_.. c� .. ALL0:4 0:4 D :i='q S AMOUNT i'1lJ;.. N ?!:.'_i L0rn1_ N;•!i; ( 2 672.5_ 6G 13.4'5 307.00 / -r12. S . ._ 960148 /5 960148 CO. . 4 .. .. `N :.iAS .. �: •.. 772-2',2!: DATE. 1 F / •• .., !3 :7 . ":2:14 _ : J.. CUSTMFR'4 :4:476:0 LOUNGE .. _ .. -i1.,'; 119 ZS • J. ajD .-'.�i_..4... .`? 4/6 r. .J f••i L_!'» �� t:?r"'Sit: A`,; . .!...LANCES / i 1',a •ri`..'1..... .PAGE 1 960148 \tOR--COL31 D ST R ( iii.! ; I :\icl CO. 1400 KANSAS _ONGMON.T, CO S0501 Y:30) ,72•--2525 DATE: 11/08/95 TIME: 12:17 S;U1_i i Et4 110 SALESMAN% 0 PAGE 1 CUSTOMER14 =1001191 1-:OJO LOUNGE Y t••s �,1, 405790 .101 �H1 HWY 119 S t' O A CCE# ._:.�I'�� MON i . CO S0501 PROD% OF C .• Sc 1 F. T I ON i Y PRICE ALLOW DEPGS I ' '•,. AMOUNT 1102q t»1:c.'gi '-dIC LOOS= LNNR 4:) 17.45 57.800 530229 c?UD L LOOSE LNNF. 50 17..45 672.50 TOTAL SALES 90 171 -A,444 -4i< NrD a .J noLjEZ OASHICHFCK Ci FR I C ir-A i_`.. (/ 1 ,210.50 +1.210.50 96014'8 SCR-QOLS OISTRI§SIIAG Lb, 1400 RA6SAs =ONGdONT, CO e0501 772-252 DATE: 11/01/95 ,I2E! 12=21 ,ROUT' 110 SALESMAN# CUSTOMER* 3001181 EL ROJc LOUNGE 31u: R27 119 INVOICE# 405726 Lo6R !S§2, GC ?05: PROD# 11029. 53029 79283 UPC DESCR:pT:ON SS3 2:052 ENNR EUD L LOOSE LKNR O'DCGL'g 4/6 NR PAGE 1 CTV ?RICE AL_iW 2EPOS AMDU !2 50 13.45 ].Ca 50 4.3.45 l.AO 3 12.50 1.00 •�gTa SAE ES !03 , 4»z ' f.:711 1 ESZA� gAcES `32Q� ALu22ANEG5 ,3e2,50 -!03.06 . .a , wA. _ CA 41:,.H: CAd2EH\Ck 735-5- / •.:.\\ ii ,1 . _ �I - » ‘---- . S0E 22»MP 622.50 622.5G 4.50 1,279.50 +1.279.5. 960141.8 MOR' 'Or 1 t .. BLIT ft 4 CO. 1400 t;. A N J A L ONGMONT, CO E,0501 (303) 77? -..25 25 DATE. 10/25/95 Y ME.. 11:4 1-:ou-ra. Fr' 110 SALESMAN O 0 V; •�•7 CUSTOMER4 500112i EL iiOJ J LOUNGE 3 101 HWY 119 INVOICE* 40564) iONGONT. rig 80501 ROD ,UPC DE.SC -... , ,. ,.i' ; 11029 412.70 5 (J r 01 Y PRICE ALLOW .EPOa AMOUNT BUD LCOSE LNNR 70:} 13.43 1.00 271.50 MIf H 4/4 MR ETL 14.50 Q•,'.5i�: BUE) L LOOSE LNNR 70 13.45 1.t>0 P71.50 1C i AL :SALES TOTAL Li t[_F: TOTAL ALLOWANCES C) 'FR. 0 143 ._vii.. . r y 960148 `!OR --C !_:7 D `.-a'! R BU ' Nc3 CO• . 1400 KANS, _.ONGMONT , CO 90'.01 i s O> 772-2525 DATE: 10/1B/95< TIME: 11:37 R:OU}-E # 110 SALESMAN-* 0 PAGE 1 CUSTOMER* 5001181 FL R030 LOUNGE ::101 HWY 3.1.9 -�� 7 INVOICE* •ii 1••`+. i-_GNGMLriVT, CO LS5'3:;. ='ROD #Y 1102. 5:7;029 79283 UPO DESCRIPTION BUD.LOOSE LNNR lUU'.L LOOSE LNN O , DOUL , S 4/6 N-: C:.: Y PRICE ALLOW oP EDS AMOUNT 40 13.45 539:00 .00 50 17%45 672.50 - 12.50 1.00 4.5':: T AL SALE. TOTAL c f ' - QTA •L- ALLOWANCE'S ......__ _. �..._.__.-fry-.._. ._--._.-4..r.... .....�.._......_. _.......... S I GNA �URE f S , CP.';.. '4STAMP AMP 0 '1,245 960148 DIST9a?U-ING CC:;, 140C KANSAS L_ONy MONT CO ::30301 DATE: 10/11/95 . ._n2 11:56 ROU r'__A 110 AL..::.t1M1N# 0 PAGE • S ONErya 500112 - 7 .:101 WY 119 INVOICE* 405'1't 2 L'�:\1GMON ! CO 8�_ C :L M PROD!F 11.029 41270 53027 792G3 UPC DESCRIPTION i.:cD LOOSE Li 4NF. i (ICH 4/6 NR au) L LOOSE i_.tNNR; l DOUL. S 4/6 NR CITY G',`i: I f^r::: 14..c;0 40 ..•3 .45 12.50 ALLOW DEPOS AMOUNT 403:30 4.3.3() 538.00 aA!_i`':. .z. TOTAL SALES .er-- NI E2 E)4.__•.FT. t :r71?...... riI'. .'•'t-r`i•U.R'.. '.'3 c!=r: C. '•L-: 960148 .\iOR-COLA DISTRIBUTING Cn . .1.4001 KANSAS L_ONk MONT , CO S0501 .3 772-2525 DATE: 10/04/95 TIME: 12:01 ROUTr= t ..i0 SALESMAN* 0 PAGE 1 CUSTOMER* ;# 5001131 EL i SL O LOUNGE 101 --i.AY 11.9 I NvD .t cE.4 405467'; i..UNGMONT CO ) t_'5! ;. PROD* 11029 5..--!;079 i 1PC DE SrS.tc. ; .E nN 'BUD LOOSE r._ N iii P BUD L LOOSE LN R TOTAL SAL».._.S 40 13.45 i..7, 17.45 007.D0 ,.SrALE8 CI FR I 1 ! 345.00 960148 NOR COLO DISTRIBUTING G CO. 400 KANSAS LONGMONT, CO 30501 DATE: 09/27/95 TIME: 11:29 ROL TE* 110 SALESMAN* . 0 PAGE CUSTOMER* 5001151 EL ROJO LOUNGE 3101 HWY 119 I NVO T CEi1 405401 LONGMONT, CO 2t, c- 1 .'RC3i.11 UPC DESCRIPTION 11029 41270 53029 792B3 r, BUD LOOSE LNNR MICH 4►%6 NR B I BUD L LOOSE LNNR O DOUL` •S" 4/6 NF TOTAL SALES TOTAL SALES TOTAL ALLOWANCES CASH/CHECK S i L' NA �'._UF.E/ N3 f OTY r.'R C E ALLOW DEF'0,S AMOUNT 30 510 S4 13.45 14.50 13.45 12.5) 1,130.00 r;"'TE r""1"^",., • /320 1 . 00 c: 0 29.00 672.50 23.00 1,120.00 1,128,00 960148 :TR.—0010 7)LiTR::3u IN, CO. 1400 KANSAS :_ONAMONT , r0 -050 772-2525 DATE s c_}9/20/9' T . 12, ^ ROUTE$! 110 SAL `=MAN CIJ ; T QME11* 5t,c_, 8 _ ._ ^:0J O LOUNGE •101 HW't ai9 L N I CE•'i•I' 405:43 :W= !_t ;`. GMONT C:;_i ?3t i r:.)'. P ;i +L 4 UPC DESCRIPTION :a.'1'27i ) 53029 r LOOSE LNNR 011.-:m 4/6 NR SI- L EL'.) L LOOSE LMN 0 PAGE O l ''i PRICE AL.L..L,W J.}.`."_POS AMOUNT 30 13 .. 4':1 403.50 14.50 29.00 I 60._3.1.3 9ci7„00 SALES TOTAL 92 '239' 7C7AL SALE `4 3% i 0:_ _: E: :1: .J sue:. 271.; SO 960148 NCR--•CO•LO DISTRIBUTING CO. 1400 KANSAS LONGMON T . CO 8050.1 772-525 DATE; 09/13/95 TIME: 12:06 OU i tr y 110 SALE SMANI# ..u3TOi•1E # 5001131 EL R1OJ`.. LOUNGE 3101 HWY 119 :NVi,;. CE# 4052'7f LONGMCNT,90501 PRC)+# 11029 43270 53029 Y DESCRIPTION DUD LOOSE LNNR MICH CH LT. Ce `6 \''R ThJD L LOOSE `_NNF' PAGE 1 O Y PRICE ALLOW J WPOS AMOUNT 40 13.45 5a1:00 2 14.50 29.00 40 13.45 573.00 TOTAL SALES 82 1.105.00 ICTAL SALEEi Li 1E: 1.103.00 3 vc _• ID FzZ is f: 4N4 '1 _ S: SNATU E;STD.R I 1 -AMP 1, i05,0i:: 960148 N. R`.—COLO I:ilS :..:LIL(11r G CO. 1400 KANSAS F_.ONGMON i , CO 8:6501 (303) 772-2525 DATE: 09/07/95 TIME: 12;26 ROUTE* _ 1 0 SALESMAN* 0 PARE 1 CUSTOMER* 5001181 EL ROJtd LOUNGE 31 01 HWY 119 i'`.!'iO C :+1 405234 ._ONGMON T u CO80501 PR0D4 } UPC DFSCS Y or•1 11079 I JD LOOSE LNNR 412.70 MICH 4/S MR 2T,. ,J•.� 02tl SLID L LOOSE LNNF: 79283 C DOUL S .4. _ NR OT`/ PRIE ALLOW DEC. r r: r:� suhs._ 40 13.45 538.00 14.50 43.50 5( 1_'.45 672.50 2 12.50 25.00 TOTAL SALES 'ate 1,279.00 -r ;,,- TOTAL SALES :ET% s i, I___ i= 'NI _:: CASH/CH— I .:. 1 , 279 00 :E STAMP /,2`7 `N1,2;79.00 960148 1400 KANSAS LONGMONT, 205K)1 :303) 772-252'3 CHSTOOMERif 405151 11029 DUD LOOSE LNNA DUD L LOOSE LNNR SALES .._�..HL SALES C57/-- SIGN _L FEU',)..1 LOUNGE 1101 HWY .. 1 9 LONGMONT, CO 20.5)) ... —. ._ — �. .. _.�� r ,—; .LLB ALLOW 1'b'!:; — AMOUNT 202.47 960148 NOR-C`I_O DISTRIBUTING CO. 1400 KANSAS _L'vGMONT, CO 80501 (ai_ 5) _2'-;3 DATE: 08/30/95 TIME: 1'2:26 ROUTE: 110 SALESMAN* 0 PAGE CUSTOMER* 5001191 EL ROJO LOUNGE .::•101 HWY 119 INVOICE* 405150 LONGMONT CO S 501 PROD# "PC DESCRIPTION 07Y PR C! ALLOW DEPOS AMOUNT OLPY 02_`? BUD LOOSE LNNR 70 •' 13.45 403.50 J'27 BUD L LOOSE _NNF< 40 13.45 5.58.00 TOTAL SALES 70 '` 1-4 4:1 +. 1`=' . ' (.) .L r? TOTAL AL SALES EiEt 44 L- 44 P4 EE 10 Li E 9 4 1 .5, ; 7 SISNATL /STS R'J ,~TAMP 941.50 +941.0 960148 NCR—COLO DISTRIBUTING CO. 1400 'c.ANSAS L ONC: ONT , . r0 S0501 (:Q3? 7722.2525 DATE: 08/23/95 TIME. 10:28 ROUTE* 110 SALESMAN* 0 PAGE 1 CUSTOMER* 50011A1 EL ROJO LOUNGE :_01 HWY 11°? INVOICE# 405074 !_..ONGI'ION T, CO S0501 PROD 11029 53029 79283 DESCRIPTION BUD LOOSE LNNR BUD L LOOSE LNNR O' L OI L''S 4/i, NR -------- TOTAL SALES TOTAL SALE TOTAL I A __ ALLOWANCES ;ITV PR I CE, ='tLL_.OW DE"POS AMOUNT S 403.50 50 13.45 )7;.50 2 12.50 1.00 23 00 82 ------- SI=. NA URE/S E RE STAMP '? :10 1,099.00 ,;j 079. 00 960148 NOR-CO'O DISTRIBUTING CO. 1400 KANSAS LONGMONT, CO @0301 (303) 772-2525 � MAN# DATE: 08/16/93 TIME: 11:26 ROUTE# 110 SALES0 PAGE | CUSTOMER# 5001181 | EL ROJO LOUNGE 73101 HWY INVOICE# 4ON , | 05015 LuN7 .uMONTCO 80501 I I PROD* UFC DESCRIPTION 11029 53029 BUD LOOSE LNNR BUD L LOOSE LNNR QTY PRICE ALLOW D'POS AMOQ! 20 13.43 269.E 50 1-..45 672.= TOTAL SALES 70 •E]r : N'� TOTAL RAGES InCE ID E CASH/CHECK E I NI SI TSRE/STT E STAMP 941.50 /7? 960148 941.. MOR-COLC DISTRIBUTING CO. 1400 KANSAS LONGMONT , CO 00501 (30,-.; 772-2325 DATE ; _ D8 /O2/9•5 TINE: 17"4')9 SOUTE 4 1 1 0 aALE2N AN# CUSTONFR* 5001191 EL ROJL LOUNGE tiUIY 119 INVOICE# 4(_)4.877 LONGMONT, CO 0050;'1 PROD* UPC DESCRIPTION 1029 4127_i DUD LOOSE LNNP 1 C;-; 4/6 ?\:R' ICH LT. 4/6 P, E. BUD L ....OOSE ! NNR TOTAL .TALE~3 TOTAL. ALLOWANCES. ael(* :=7:1�: 1i_.1E.: J PAGE O T Y PRICE ALLOW DEf'OS AMOUNT 00 1 00 V») 13.45 14.50 14.50 13.45 2,806.00 -17.60 i ONA •1•U / ,3Ti.'":t STAMP 2.-7)0 2 7.2 1"45.00 61.50 6.90 1345.00 2,768.40 960148 NOR._•j.. 1LO ,D I :i..� ' R I BUT: rat S CC. 1400 KANSAS LONGMONT , CO 60501 (:�3'i 772—'7=,'"5 ... DATE: 07/26/95 "i 7 +1E ; 10:44 RnUTE 110 S L:SMAN# CUS OMER4 50011':31 P_ ROJO LOUNGE 3101 HWY 119 INVOICE4 404910 LONGMON T , ' O 3050; PROD* 11029 41270 53029 UPC DESCRIPTION BUD LOOSE LNNR F^.ICH 4/6 NIP BTL. LOUD L LOOSE LNNR OT,,, PRICE ALLOW DEPnS (AMOUNT 50 13.45 672.50 3 14.50 36.90 50 13.45 672.50 TOTAL SALES .1.07. -T-e-d1 I T '''x'''1 Li TOTAL SAL.ES ORAL ALLOWANCE E" le.2•S h...._!F'-'A C.: SI NA URE.'STORL, .P ;, -s -6.6 3;91.90 -"1,3SJ..90 9618 NOR-COLO DISTRIBUTING CO. 1400 KANSAS LONGMONT, CO 80501 (303) 772-2525 DATE: 07/19/95 TIME: 11,31 ROUTE# 110 SALESMAN# 0 PAGE 1 CUSTOMER# 5001121 EL ROJO LOUNGE 3:01 HWY 119 INVOICE# 404745 LONG§ONT, CO 80501 PROD# UPC DESCRIPTION QTY PRICE ALLOW DEPOS AMOUNT 11029 BUD LOOSE LNNR 50 13.45 53029 BUD L LOOSE LNNR 50 13.15 TOTAL SALES 100 R 3'PAT< '`c ,ti TOTAL SALES 37.3 Li EL CASH/CHEEK --__=_7&.».. .. SIG URE/STORE STAMP •1:4s.OA 7 672.50 672.50 1,345.00 +1,345.00 9601:8 NOR-COLO DISTRIPUTING CO. 1400 KANSAS SON ONT, CO 80501 <303) 772-2525 DATE: 07/12/95 TIME: 11:29 ROUTE :10 SALESMAN# 0 PAGE CUSTOMER# 5001!51 EL ROJO LOUNGE 3101 HWY 119 INVOICE# 404622 LONGMONT, CO 80501 PROD# 11029 41270 53029 GRE DESCRIPTION DUO LOOSE LNNR MIGP 4/6 NR STL 'OD L LOOSE LNNR DIY PRICE ALLOW DEEDS AMOUNT 40 13,45 14.50 29.00 40 13.45 ;38.00 TOTAL. SALES 8? !,±05.00 tLJ TOTAL SALES 1,105.00 Y (.7AL. IMF LJE z +1,105.00 CASH/CHECK )2-S 4- & 7 A2+ t_ SIGNATURE/STORE STAMP f_1E.TRISUI.'i 00. 140J) ) i E 07/06/95 T :^E.. 10:11 ROUTE4 ..-'.) SAL =7SMAN4 0 PASE 1 .:!v is , C`_-..i _ ROJO. ._OU F_.. 31C)1 HWtJ 119 LO NGMON r ; CC 50501 r .e:rf DESC) .. ;ION CcT Y PA i rE ALLOW n EPC _? AN ,N 107.7.9 t 13..45 5.302? BUD L. J ...- .:n70 13.4h?. T:TA,. _,'.. 70 E3 tg7 94 .f. . 'mil\_: _JiaAA;-LREIS in' STAMP 941,5 9608 NOR-COLO DISIRI?ITING CO. 1400 KANSAS LONGMONT, c2 G050! (303: 772-2525 DATE: 06/07/95 TIME: '1:46 ROUTE# 110 3ALEGMA§# CUSTONEA# 5001181 EL ROJO LOUNGE 3101 HWY 119 INVOICE* 404367 LONGMONT, CO 80501 RECD* UPC DESCRIPTION PAGE I QTY PRICE ALLOW DEPOS AMOUNT 11029 BUD LOOSE LNNR 40 13.45 535.00 53029 BUD L LOOSE LNNR 30 13.45 403,20 TOTAL SALES 70 °61,50 'cam i TOTAL SALES 941.50 E L_ ■C 1)1_11E: CASH/CHECK y � . � SIGNATURE/STORE SZAMF *941.50 960148 NCR —COLD DISTRIBUTING CO. 1400 KANSAS LONGMONT, CO B0301 (303) 772-2525 DATE: 06/14/93 TIME: 11:03 ROUTE4 110 SALESMAN# CUSTOMER# 5)01181 EL ROee LOUNGE 3101 »,z 119 ENVOICE* 404436 LONGMONT, CO 00501 PROD* 11029 41270 53029 UPC DESCRIPTION BUD LOOSE LNNR MICH 4/6 NR BTL BUD L LOOSE LNNR 0 PAGE J. OTY PRICE ALLOW DEPOS AMOUNT 50 13.45 672.50 2 14.`, 43.50 50 13.45 4/5.50 TOTAL SALES 103 1.3SE.50 TOTAL SALES 1,38@.SC G_;Cam t>[J +1,3§8.50 C H/CHEEK I E3 ±Nam 3IGNATUREISTORE-STAMP 960121,8 NOR-COLO DISTRIBUTING CO. 1400 KANSAS LONGMONT, CO 80501 •303) 772-2525 DATE: 06/21/95 TIME: 11147 ROUTE# 110 SALESMAN# 0 PAGE 1 CUSTOMER# 5001181 EL ROJO LOUNGE 3101 HWY 119 Ii 2'J CE» 404504 LONMONT. CO 80501 PROD* UPC DESCRIPTION OTY PRICE ALLOW DEPOS AMOUNT 11029 BUD LOOSE LNNR 5C 13.45 . 672.5E 53029 BUD L -00SE LNNR 50 13.45 672.50 TOTAL SALES 100 11-5--41A INA '-D tJ TOTAL SALES t) 1J CASH' E C K �� . I11Lz /2-3<i SI@&ATURE/STOPO STAMP 1,345.00 +*.345.00 960148 NOR -COLE D .k S I R I E UT I G co. 1400 KANSAS LONGM0N i , co 80501 (307;) 772-225 DATE:,66/01/95 01 195 TIME: 12109 SOUTE# 110 SALESMAN# 0 > PAGE 1 CUSTDME_R# 10011:111 EL ROJO LOUNGE 1i>1 HWY 119 I NVO 1 CE# 404327L LONGMdON T , CO 80501 -,_-:(I '_F'C DESCRIPTION Try PRICE ALLOW, DEF' s AMOUNT 11029 IUD LOOSE LNNP 50 17..4'5 672.50 41270 MICH 4/6 NR BT 14.51. 47.5'0 57,;029 :BUD L LOOSE LMNR 30 13.43 •}0 •a 50 r TOTAL SALES S7• ''/#.1DL.1 TOTAL SA4tS 1,11:`._0 /2/� Et acw !.._0 }`,.3 ;E w 7E)1..-dE CASH/CHECK 7 I NAT UFE/ "T ORE w7 i AMP 1/13.50 +1,119.50 9691,18 NOR-COLO DIGTRI§UriNG CO. .400 KANSAS LONGMONT, Co 80301 (303) 772-2525 DATE; 06/28/95 TIME: 11155 ROUTE# 110 SALESMAN# 0 RAGE 1 COSTOMER$ 5001!8! INVOICE* 404566 PROS4 11029 41270 33029 EL ROJO LOUNGE 3101 RWY 119 LONGMONT. CO 80501 UPC DESCRIPTION Bu[ LOOSE LNNR MICH 4/6 NR ETL BUD L LOOSE LNHR D Y PRICE ALLOW DFPOS AMOUNT 40 13.45 53@.00 3 14.50 SO 13.45 EZ2,50 TOTAL SALES 92 alp TOTAL SALES EfLi CASH/CHECK CD Fk I (3 I Nil k 9 4 77��z---- SIGNATURE/STORE STAMP !,254.00 /.Ssz.00 +1,254.02 960148 ...illy`•;; s 1...flNGiviONT, CO 90501 0 1 772-2527:i r.iATrz; : /24/9• YIN .: .49 RO.: ' 110 (i.:A 4 0 r'Al'1 ..:usi.2i'4ER 5001191 1t?1 =-WY 119 :. ....u.._%i rT w...}•..r' ..-.r-i`y L:•'".%i•'4 1 CC V:05y t _•L�i.!'"tom E 71.h!..`, -r 1 .1N S UJ _. '.J::]i=. /� I.-N!N MR J.r.H L}!. 4/6 N• Le e ;;IE_JD L LO�:S'�: L�NNR 1 Q I'f PRICE ALLOW DF.;POS AMCUN 40 ; ._.. W 579.00 7 14.50 79.0C 40 13.45 :ETA'._ SALES 97 ;..,9.os.00 '.J 1 ra L_ 9 i:.... =:: ` 1 , :i. 3 `. . :E4: •i-=n .-... f•'k P`•v i..:; =._. '.'' 3. i 2 7 / i L •y . 0 F. . ; if ) CA.I":/,CHEC. /2 0c i i_ F.,a .._A ... W`+.Ir7-`...L.. 7,,•-• -. _ .. 7 ..,3N 1 , LRE:/;Tort.:_ `.:!'AM r.. r�.100 Kri'i'V3A5 .N47E1 ._ . 05/17/92; ''Zcs•.., s.1'1.0 r ri i r t s.s .e. �• tll t .. �t. .r) 404132 • • xaq 1Z A M!.0P 4/8 .9;.!v L LDGZ[: t._MN;^' PAGE 4 Gr..S_Y PR .'17. ALLOW REPO) i''yt.lrli'UN 14.50 t C' SALES 1,254.00 gal~ :._: L.J 00 t... ,. • : /CHECK .. r-,ay-� r ., r', i pt • 960148 • 1_115 4M. i ,Z--r!--t-7! r'1w"'/ 960148 96014.8 350148 u 960148 It' i 960148 �_ }.! .. ._ F'1 .L �.?..� 1 ::�{ ::! 1. U , t400 .+ A .3 .; ("3.7)77. 777 •�� •'� AT:E. ;DA/05/35 .: 'i4•:. ; i414 .. 4 ROUT7._ : 110 Al..F..S1 ANI 0 PAGF i • :L.4Y 119 40:17 L.CaaNIILN7 ODO, UPC _JE: C.^ E - T .•Jib 41277 t '. D 1_: !_S... L.:\ Ni l ,i 1 C,t-t 2/12 NS 911. iii :CH L L . 2/12 NF 27 L ..'08E LNNA ' SH/C)-i: LK •.7Y PRICE C. f L..L.OOW D' POS .mO fk. 5 14.5f_+�'..�'. f.! /. r. �•. 2 14.7X ...� •�•� 24.0+ it. 40 13.45 578.0G ; 1 ,:SNA I UR4:_/.-:i CR '. :7'+. AMP j :•.F.US gi 96Ot s Bi'SCH s • q!. 1".. •rid^ i 900148 960148 I /% 5 •Jy .400 LATE; 03/05/,?5 TIME: ..+r:' 1:. 2;:::27 c"J:,... ": E # 110 ... y` 7,. n . 4 Ci.ir. i `.'I•i;:.!-;i: ;50;}.+,...rJ GL R:OJO -..0UN'3t:: INVOTCE# 403:5 ?+!D4 . pc C;_ 3CR:x, I,2.N PAGE 1 �_ ... 5.O:..1r .._'J0S' l..i`:'i'1 ^, ._ 0 .1:,_.15 1.00 ii ) A90.00 9 BUD _. 5.1.:�.f_+�:.Y �:; 1� � LOOSE �_ i�.�y'•l 41 17.t5 1.00 3TA:. EAL.ti'=.. 7{ S7: .5c • '-$-lc=riAte,;4 _ L 1_41_..' i-0Ti:".. SALES TOTAL iLL3WANCE:: L r cr �'r'.'.l ci'�1:':!. K `� //�'6 ;:..:Ei!'••A l'RE r`:i 960148 960148 (7c.:!) 772-225 . 5A-rE02/22./9'1 T .. .' F. 1'7,;77, Ra-FT :f .!. .:)l.J!•_ =CIulr:+'I4 C!'ST0r.l'ERN: '13001741 EL RCJO J L•�. INVOICa4 40=2 11029 57029 BUD 1 rC2E I tyr / NR O DCUI. ' _ 2/12 NR �• . it i y "vs .. rTy 60 17::.4:7 14.0 2.20 41"1 1.77,,4'! J .F. 2 Y .: C_ ' iI n -3•_ 1 / • .g:6"..; .1"...1 ` T PAGE 960148 ..., ......._.., . _ r. POLJT 960148 „NUP.—COL DI CO. ,3 KANS1S LONGMLei ; : CO 90501 ”I E., L`'. ROUTE4 110 i.,,,.. L"' 1 f •i i�`�'r� s `:�:. c_. ROJO LOUNC_ E HWY 1.19 1029 41270 S:3 '1,9 .1 L. }3UD L_f_'OSE !IICi 4/6 NR DUD L LOOSE LNNti 'TOTAL 3ALT:s • O PAGE C1+, PR.' CE ALLOW DEPOS 1Jo ?. _ a 1.00 ' .'1 T1 As 5 14►.50 6C 13.45 1.00 72.: K- - —10.00 LNN / /O V t�l•\ r. .J }... ... Di:: ri . :3L 1 i `it' ...w.00 ::..1"'f��`P't.7 {{ TIE. 1 ... . ._ . ROUTE* 110 ES EL LOUNGE ..., r PvlIGE T77 .f .. .. __ ; E.F,wrI F:I,I`.0UN 1 1 r;: _ =f rii.li? _ l: `w +f�itt•i� • -'-'. 13.45 338.00 _ '12 %tUL L_ L.GI.i'L•E: jrLIvNiR .:.1 1,.. `; 40:f.50 1.... _,F=ice_:_,.: _ CZAI LALES 94L.50 .c. ]_jE,.. -9/4.1.50 ! CASH CSH f CHc ‹ �i% / • r Nir v r voya�' e ti 'to 't b� �yti ,a� SERVICE Records Check Police Check ANS POLICE DEPARTMENT FEE SCHEDULE Face Sheet Additional Pages @ $.50 = EEE $1.50 $1.50 Clearance Letter $2.00 Notary Public V.I.N. Verification Fingerprinting Bicycle ID/Registration Animal Redemption - licensed unlicensed Other e C rnnt.v )4\ or - 2,10i—) Name Address �n c--i,c LQL TT!)nmr, GYt Yellow = Evans P.D. White = Payee Receipt / Validation $2.00 $7.00 $5.00 $1.00 $35.00 $45.00 Total ' DATE CASE NUMBER OFFENSE 010995 012895 021295 021395 021995 022595 022695 -030395 030595 031295 040895 041395 042395 043095 043095 052095 052895 061095 061695 062595 062695 072995 950051 950183 950287 950296 950327 950386 950380 950421 950446 950479 950664 950692 950759 950797 950799 950930 951046 951118 951148 951229 951233 951494 INFO ITEM (fight in bar) ATT 1' CRIMINAL TRESPASS 1' CRIMINAL TRESPASS DISORDERLY CONDUCT DISORDELRY-EMPLOY SEC GUARD W/O LICENSE 1' CRIMINAL TRESPASS 3' ASSAULT 3' ASSAULT CRIMINAL MISCHIEF 3' ASSAULT AUTO THEFT THEFT OF AUTO PARTS 3' ASSAULT CRIMINAL MISCHIEF CRIMINAL MISCHIEF 3' ASSAULT FOUND PROPERTY 3' ASSAULT -DOMESTIC DETOX 2' ASSAULT DETOX DETOX 960148 DATE CASE NUMBER OFFENSE 081395 951601 THEFT 081895 951630 CRIMINAL MISCHIEF 081895 951637 DETOX 082095 951645 DISORDERLY CONDUCT 091095 951801 3' ASSAULT 100895 952014 UNDERAGE CONSUMPTION-TRES 111195 952257 DETOX 111195 952261 POSSESSION OF COCAINE r 111295 952287 AUTO THEFT 111895 952306 DUI 121195 952472 DETOX 122295 952572 1' CRIMINAL TRESPASS 122495 952579 CRIM MISCHIEF/HARASSMENT-DV 122595 952592 WARRANT ARREST 122895 952610 WARRANT ARREST 122995 952611 FEL MENACING-POSS OF WEAPON 010196 960008 1' CRIMINAL TRESPASS 960148 DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DAVID SAUTER ENFORCEMENT TEAM SUPERVISOR Printed n. rrtxtd stork 800 8TH AVE. ROOM 231 GREELEY, CO 80631 977 OFFICE: (303) 356-3992 960148 DR 8410 (4/88) Colorado Department of Revenue Liquor Enforcement Division 1375 Sherman Street Denver, CO 80261 INSPECTION REPORT License Number Otte 1pv≥ Date of Report �; . Name pp iM ,v�2 'EJar -f' ti,. 4-�J-f4-t.,,,, Region _ -u- Trade Name C G' if': c -y Manager G-.. / •. Address % '310 ( I -I lit4 111 Lieen4e Type ,-- City State Zip (;1 �)tr„ C(� YCl>rJl Telephone /10 -- 3/r� YES NO N/A ii ITEM COMMENT ,/ Valid State Liquor License posted Q. - - j / Valid State Sales Tax License posted / Valid local license posted 7 Valid Federal Tax Stamp posted 7 Valid food service license posted / Minor warning sign posted ;/ Meals or snacks available / Cleanliness is adequate / Books and invoices available Beer stock acceptable / Wine stock acceptable / Liquor stock acceptable / Alcohol purchased from permitted sources / Compliance with gambling restrictions / Manager registered with authorities / Licensee in possession/control of premises ,/ Trade Name properly registered v/ Compliance with intoxicated sale restrictions / Compliance with sale to minor provisions / Premise physical control adequate Acceptable dispensing systems / Off premise storage licensed ✓ Only permitted items sold _� Permitted exterior signs/displays Permitted interior signs/displays Other issues: /7, ,L •, ar/ C ,.o xr-;4 r 'iv - . lc. core ' z- : ' c-- a/r..x v -c J / Investigator Name/Number /27 )/ ;7 7? �/� �(/' .- \ Copy of report left with I ',6''` -I-r• , "f ,-'�.-e. 9601V3 S Hello