Loading...
HomeMy WebLinkAbout950175.tiff RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING TO DETERMINE WHETHER TO RENEW TAVERN LIQUOR LICENSE,WITH EXTENDED HOURS-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 Section 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 previously approved by the Board and expiring on February 23, 1995, and WHEREAS, at a probable cause hearing on December 28, 1994, at which hearing the Chavezes were present and were given the opportunity to respond, the Board considered evidence in the form of testimony and written reports which gave it probable cause to believe that the following factors exist with respect to the El Rojo Lounge and thereby required the scheduling of a renewal show cause hearing pursuant to the procedures of Ordinance 102-A: 1. Excessive noise, rowdiness, and/or disturbances on a continual basis, as well as numerous criminal complaints, in the immediate area of the premises, and involvement in certain incidents by security guards employed at said establishment. 2. Possible sale of alcohol to under-age and/or intoxicated persons, in violation of the provisions of Section 12-47-128, C.R.S. 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 January 30, 1995, at 1:30 p.m., to allow the Board to consider evidence for the determination of whether or not either or both of the above listed factors exists, and, if so, if there is sufficient evidence of the existence of any of the items listed in the "Phase II" portion of Ordinance 102-A which may exacerbate or ameliorate the situation, and WHEREAS, at said hearing on January 30, 1995, the Board deemed it advisable to continue said matter to February 9, 1995, at 8:30 a.m., to allow the appropriate sign to be posted in accordance with State statute requirements, and WHEREAS, at said hearing on February 9, 1995, Isauro and Helen Chavez, the applicants, and their attorney, Robert E. Ray, were present, and the Board heard all of the testimony and statements of those present, heard the recommendations of the Weld County Attorney's Office, the District Attorney's Office, and the Sheriffs Office, and studied all of the exhibits and evidence presented in this matter and, having been fully informed, finds that said Tavern Liquor License, with extended hours, shall be approved with the conditions as set forth below. 950175 /ij t2�yt•a//�e✓encce; GLf�d o;xay; JCL + /i�G LC0019 RE: SHOW CAUSE HEARING - CHAVEZ, DBA EL ROJO LOUNGE PAGE 2 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, issued to Helen and Isauro Chavez, dba El Rojo Lounge, be, and hereby is, approved subject to the following conditions: 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. 3. Additional lighting must be added at the north end of the parking lot. 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. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Liquor License Renewal Application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ,D / � E�OUNTY, 0 ORADO ATTESLt/o/&l/aset Dale K. Hall, Chairman Weld County Clerk to the Board / FXCI ISFll f)ATF OF SIGNING; (AYE). /l Barbarp J. Kirkmeyer, P,ro-Tem Deputy Clerk to the Board eo�e E'.�Baxter C�/ ��APP EDASTOFOR ' ( caYzv� .�'�` w� Constance L. Harbert ounty A rne`'i I A / ) 2_41) /' W. H. Webster 950175 LC0019 HEARING CERTIFICATION DOCKET #95-17 RE: SHOW CAUSE HEARING TO DETERMINE WHETHER TO RENEW TAVERN LIQUOR LICENSE,WITH EXTENDED HOURS - ISAURO AND HELEN CHAVEZ, DBA EL ROJO LOUNGE A public hearing was conducted on February 9, 1995, at 8:30 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Court Reporter, from Billings Reporting Service The following business was transacted: I hereby certify that pursuant to a resolution dated December 28, 1994, and duly mailed to the applicant, a public hearing was conducted on January 30, 1995, at 1:30 p.m., to determine whether to renew the Tavern Liquor License, with extended hours, for Isauro and Helen Chavez, dba El Rojo Lounge. At said hearing on January 30, 1995, said matter was continued to February 9, 1995, to allow adequate time for the required ten-day posting requirement. Pursuant to a notice dated January 30, 1995, and duly published February 2, 1995, in the Windsor Beacon, said public hearing was conducted on February 9, 1995, at 8:30 a.m. Bruce Barker, County Attorney, made said hearing a matter of record and informed the Board the ten-day posting requirement had been properly completed in accordance with State statute. He noted the Sheriffs Office has the burden of proof in this matter, and the proceedings should be pursuant to Ordinance No. 102-A. He explained if the Board determines fads sufficient to show one of four factors exist, it must then proceed to Phase II to determine if one of eleven factors exist. Robert E. Ray, applicants' attorney, stated he had no objection to the Board incorporating into the record the minutes from the hearing held on December 28, 1994, which include an explanation of certain incidents. He noted he received yesterday the Board's Resolution from January 30, 1995, and clarified the posting problem was not entirely the applicants' fault. The Board confirmed it does not want the evidence repeated and Bill Starks, Deputy District Attorney, requested the information be entered into the record as a stipulation. Mr. Barker noted the reports from the Sheriffs Office have been marked as Exhibit 1 and the tape from the December 28, 1994, hearing has been marked as Exhibit 2 for the record. Mr. Starks suggested evidence of excessive noise and rowdiness and cross examined Mark Profitt, Sheriffs Office, who confirmed he assisted in the compilation of the reports. Deputy Profitt answered numerous questions from Mr. Starks, Mr. Ray, and the Board. Mr. Starks stated Deputy Ash is not present to present evidence concerning the serving of alcohol to underage and/or intoxicated persons; therefore, the Board does not need to take action on that matter. Helen Chavez, applicant, also answered numerous questions from Mr. Starks, Mr. Ray, and the Board. After further discussion, Mr. Barker recommended the Board determine, in accordance with Phase I of Ordinance No. 102-A, if one of the four factors exist. Mr. Starks suggested Factor 2 has been established by preponderance of the evidence and recommended the Board proceed to Phase II. He noted, however, insufficient evidence exists for Factor 1. Mr. Ray suggested the Board find Factor 2 has not been established and consider the uniqueness of the establishment and that management has done everything possible and requested of them to curtail all noise and rowdiness problems. Mr. Barker stated the Board must decide by preponderance of the evidence if one of the four factors exist and, if so, go on to Phase II of the hearing. He explained as an alternative, if no factors exist, a motion to renew would be appropriate. Commissioner Kirkmeyer moved to find that evidence exists showing excessive noise and rowdiness as detailed in Factor 2. 950175 LC0019 4t6 /' .v. , tLdee]e �c' RE: HEARING CERTIFICATION - CHAVEZ, DBA EL ROJO LOUNGE PAGE 2 She noted that since August 1994, twelve incidences occurred and involved security guards; therefore, she questions whether the increase in the number of security guards in the past six months has helped or worsened the fighting situation. Commissioner Harbert seconded the motion and noted the majority of liquor license renewals have no incidences and are open five to seven nights per week and serve the same number of people as a whole. She agreed with Commissioner Kirkmeyer concerning the number of incidences in the last six months. Commissioner Webster recognized the large number of people at the establishment and the length of time the patrons are there; however, he confirmed the owners need to continue corrective action and train their employees. He agreed the people need some place to dance and gather and closing this establishment may deny them that availability and cause other problems. He further stated the facility at least provides some protection; however, if the violations continue to occur, he will not be in favor of further renewals. Commissioner Baxter agreed the number of incidences seems excessive; however, he does not drink or go to bars and also agrees these people need a place to go. On a roll-call vote, the motion carried four to one, with Commissioner Webster voting nay. Mr. Barker noted the Board must now proceed with Phase II and determine how the eleven items detailed in Ordinance No. 102-A affect Factor 2 and decide whether to renew or deny the application. Deputy Profitt confirmed for Mr. Starks that he heard the testimony during Phase I of this hearing and again answered numerous questions from Mr. Starks, Mr. Ray, and the Board. Ms. Chavez answered further questions from Mr. Ray and the Board. Mr. Barker explained hours of operation allowed for establishments with extended hours included in the liquor license. Chairman Hall stated the applicants appear to be willing to enforce corrective actions which opens the potential for a better situation and the opportunity to maintain the business in that area. Commissioner Webster again recognized the problems; however, he stated the owners have made a great effort to adhere to the recommendations of the law officials. He also feels the establishment provides an opportunity for people from a foreign country to gather and be comfortable; however, it must be safe. Commissioner Webster reiterated if any further difficulties occur, he will vote to deny any further renewals. Commissioner Baxter referred to the eleven factors in Phase II of Ordinance No. 102-A and stated Factors 2 and 11 apply since the applicants are willing to take corrective actions and the establishment provides a unique situation. After further discussion, Commissioner Kirkmeyer moved to renew the Tavern Liquor License, with extended hours, for Isauro and Helen Chavez, dba El Rojo Lounge, with the following conditions: 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; 3) additional lighting must be added at the north end of the parking lot; 4) training is required for all security guards, bartenders, and owners; and 5) extended hours will be curtailed on Sundays. Commissioner Kirkmeyer thanked the applicants for being present and trying to correct the problems, and she stated the problems must be fixed. Commissioner Harbert suggested, in addition to the conditions, a readable sign, in both English and Spanish, be posted above the door notifying patrons that no one without a picture I.D. will be admitted. Commissioner Kirkmeyer agreed to include said suggestion in the motion, and Commissioner Webster seconded the motion. Chairman Hall clarified the renewal includes extended hours except on Sundays. After discussion between the Board and Mr. Barker, it was clarified the establishment must stop selling alcohol at 12:00 a.m. on Sundays but may remain open until 2:00 a.m. for dancing. The motion then carried unanimously. Mr. Barker explained the applicants' dance hall license for 1995 was continued until such time the Board made a decision on the renewal of the liquor license. Therefore, he suggested the Board now consider approval of said dance license. Commissioner Webster moved to approve said dance hall license for 1995 for Isauro and Helen Chavez, dba El Rojo Lounge. Mr. Barker stated no conditions were set on last year's dance license and recommended none be set for 1995. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Mr. Starks requested the applicants provide certificates for the security guards' training to the Sheriffs Office, and Mr. Ray agreed. 950175 LC0019 RE: HEARING CERTIFICATION - CHAVEZ, DBA EL ROJO LOUNGE PAGE 3 This Certification was approved on the 13th day of February, 1995. APPROVED: ATTEST�� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CeLO' &DO Weld County Clerk to the Bo d �� J��� � i / By. ep Dale K. Hall, Chairman uty Clerk to the Board �_ EXCUSED DATE OF APPROVAL Barbara J. Kirkmey , Pro-Tern TAPE #95-06 f1 /11-cn .., rg y E. Baxter &nsta riceL. Harbert LC0019 W. H. Webs 950175 LC0019 (Thitiri if OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE 13031 356•4000, EXT. 4200 ' i FAX(303) 3523242 ' ;' v : <IV f P.O. BOX 756 'iF �Y3 k e ,^'/� D GREELEY.COLOBA O 60332 a, 'Po- W �. ' . V COLORADO PLEASE POST NEAR EXISTING LICENSE February 27, 1995 TO WHOM IT MAY CONCERN: On the 9th day of February, 1995, the Board of County Commissioners of Weld County, Colorado, did conditionally approve the renewal request of Helen and Isauro Chavez, dba El Rojo Lounge, for a Tavern Liquor License, with extended hours. The required documents have been submitted to the State Department of Revenue for its approval. Until notification has been received from the State advising whether this renewal request has been approved or disapproved, the Board hereby authorizes the continued sale of Malt, Vinous, and Spirituous Liquor at this establishment which is located at 3101 Hwy 119, Longmont, Colorado. If there are any questions concerning this matter, please feel free to contact the Clerk to the Board's Office at 356-4000, Extension 4225, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dale K. Hall, Chairman DKH/ Imd cc: Sheriffs Office Liquor Enforcement Officer s:',: ,, ,-c. . 950175` . co » w v m • W Uw CC3 ea 0 o wP 387 471 668 o • w o v �� m > Z RECEIPT INsFOR CERTIFIED MAIL o y d to r, „ m co om tic.9 p NO1 FOR INTERNATIONAL MAILURANCE COVERAGE PROVIDED CD L E o Q y ,W O 1„ ❑ ❑ ❑ te cc (See Reverse) w `v 2I _ I rn ¢ ay Z' ,� aa— G HELEN AND ISAURO CHAVEZ m E ❑ ❑ E "� '8 > lam+ o a f' DBA EL ROJO LOUNGE — w .2 o z� )d ton sa o �m y w o v a 3101 HWY 119 y 3 te end .E 'a, W oa a LONGMONT, CO 80501-9543 x w o ¢ `, E v x o c a a❑ ❑ Iri h 0 u Certified Fee m « U C _0 Special Delivery Fee far, coo, d E v °- ° c c > 'm « Restricted Delivery Fee. p d E C N el 0 Return Receipt showing a « « p W 4 to whom and Date Delivered w a c 'o e « Ln / n > n U' CO m Return Receipt showing to whom. N ea v$ 0= . U W ,� O Date. and Address of Delivery a w c 0 pmj jto o.oa m v v¢ rz cD 0 0 TOTAL Postage and Fees $ C e m u« o.«a b 5 o co o `m Gor-a L o o m Qi it-1 p O Postmark or Date M A« C a, y _op p1 O ° — to wwvc Em¢ w H O .-I U y u to v `m m r� ,� O E �_ /'�� m :13 m It«wao Eaa Fa0 I _ _ c " 0 � E 'o 2 a' �+ Fu v m15CaUicC 06z y2vmr�t n¢ m Y 2 W 'x z ��a o'c ; >✓ a 6 o z E W UUa�¢ mu yxP7 .yO iLL fq. . . £ . a . « M fa M i..] Ili CO i� 950i75 ", March 1 , 1995 TO: Colorado Department of Revenue Liquor Enforcement Division 1375 Sherman St. Denver, CO 880203 FROM: Clerk to the Board of Weld County Commissioners RE: Liquor Renewal for Helen and Isauro Chavez, dba El Rojo Lounge (license # 09-61049) Please find enclosed renewal fees for above named license. Renewal application is being sent by separate certified mail. Please contact our office if you have any questions. (303)356-4000, extension 4225 • 950i7$ P 387 471 6' 4 rn P W5 . m . 5 . . .m RECEIPT FOR CERTIFIED MAIL " �' m co D "»a0nm NO INSURANCE COVERAGE PROVIDED �3 O D ^ M w f G 3 3 O o _ co m W fn r NOT FOR INTERNATIONAL MAIL —I "r , O " W c c 2NDC � ^ m -o sno mmm N I (See Reverse) {, CO m m z I T O O D 2 g,PI �' F, tD m A I � ro a nmDm a3ca�,»'mmm COLORADO DEPT OF REVENUE 1 0 a Q v z 0 u m o om ° S 3 3 3 m m co ~ O 0 w m 3 3 »m w LIQUOR ENFORCEMENT DIVISION °Q m N z r0 mO m c m o o 2 2 N m d STATE CAPITOL ANNEX `•° t° w -yi D m -11 o »1,0 o m n '? 1375 SHERMAN ST °i °' vi c0. o no a��o DENVER CO 80203 0 1 m ^ o y O y c o c a. Codified Fee o G Z 4 c o m c co C T' 0 G Special Delivery Fee Z m 3 0 m < 7 ;;C::: a ^ w Restricted Delivery Fee $ m' 'm m //16•` 3 n 'D CD m P 0 toR turn Receipt showing ^�j v p o p8 m N to whom and Dale Delivered 5 o el' co ce _ a Return Receipt showing to whom p Date,and Address of Delivery d m mC g an m a ° rc m D m m TOTAL Postage and Fees A 0 0 fp N0 N 4 O 3 m y �t N m f N O Postmark or Datec`., _ co n rn m a . m0 3 a "V Z n1 m co E a m - :if: c m "r ti a �� as Wm ' c ^ ❑ ❑ 30 70 \ < ❑ ❑ ❑ om m ➢ m rn m m No 33 0 E 3 » a 'e ms a C a '_ a C O C '0 co N n N Ca. A v N N N Z < m o a ', a m - m o 9 a� ((�) o o m o m m m A p <' a d �. n c -. m a o m_ m <' m m Nm i $ m m ,,t;:. 9501'75 , . s , 1026 EL ROJO NITE CLUB 3101 HWY. 119 PH. 303-776-3770 82-62/1070 LONGMONT, CO 80504 7— 5 19 d)/ x PAY TO THE CO . p /(7 ! O 1/ evewu i $ ...yy"' I ORDER {/ `/ / ,V. ,/t,t 1 /f/4' 7 ✓j'x / !, `fie tL A R S rJV / �f��! F!'/C�6II / ' l !! v Ek. 1L�First National Bank ii of Longmont am Main st.,P.O.Box nss,ne-seao I, 1.04. m.color•m0sasmAim MEMO � 11 . • • P 387 471 669CU .N m m n c CO M N -D 'Cr)> w •V U 41 CC RECEIPT FOR CERTIFIED MAIL u a .� o my NO INSURANCE COVERAGE L MAIL 2 w '^ 0 C cc m > 2 NOT FOR INTERNATIONAL O to d E U c K (See Reverse)ut o 2 H ` m w Op v m 1 O H LA f Sent to I t '> c- « E �., o oc 2 'Yt w W o 9 yrc COLORADO DEPT OF REVENUE w G ° ° m r o g C) LIQUOR ENFORCEMENT DIVISION 3 .� o - �i c lb d d v 0 1 y.`' W ni co il it STATE CAPITOL ANNEX — c w _ 2 1375 SHERMAN ST U dM o m w w °� vw O w « 0 o O DENVER CO 80203 w m C c w n E m x Q N cc U w O Q co ..enured Fee o « c < Q❑tin r co ^� c com K{ O ° Special Delivery Fee u « `o a j Restricted Delivery Fee - y y _m E w a « Z C4015 Return Receipt showing To o m E e wZto whom and Date Delivered - '« our 'v _ W 7 m Return,and Address showing to whom, • 0 L> O Date,and Address of Delivery . -a o j o « Z x TOTAL Postage and Fees S - N`a v« o= v a w Z • R1JjI •• PostmarkorDate JJ ! E E o .. '2E E w a 0 O IL c-/ (U mvm�°o° 8Ea g rew Nw C C r. • n . ._ c � wa) d oQ 07 ~ n ar m 00 Eli m >!c a4v «. Uam 0 m M Wan d «°,w �` , c cw E - pEEc3 a o Wci °ia` ,¢�3mn y w N \\`��11 N. . . E . a . £ ILb ai a�\ 950175 OFFICE OF COUNTY ATTORNEY PHONE(303)356 4000 EXT.4391 P.O. BOX BOX 194E 194E GREELEY, COLORADO 8063; 'Ripe COLORADO February 6, 1995 Bob Ray Attorney at Law 1122 Ninth Street, # 103 Greeley, CO 80631 Bill Starks, Deputy District Attorney 19th Judicial District Weld Centennial Center 915 Tenth Street Greeley, CO 80631 RE: Continuation Date for Renewal Hearing for El Rojo Lounge Dear Bob and Bill: Enclosed are copies of the Resolution and the Hearing Certification for the renewal hearing on El Rojo Lounge which was continued from January 30, 1995 to February 9, 1995 at 8:30 a.m. The hearing will take place in the Board's First Floor Meeting Room at the Weld Centennial Center Building. Please feel free to call me at 356-4000, Extension 4390 if you have any questions regarding the renewal hearing. Very truly yours, / Bruce T. Barker - Weld County Attorney _- BTB/gb:bobal Enclosures pc Clerk to the Board 950175 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 Site Specific Development Plan and Special Review Permit 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 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. 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: 95-17 APPLICANT Helen and Isauro Chavez dba El Rojo Lounge 3101 Highway 119 Longmont, Colorado 80501-9543 DATE: February 9, 1995 TIME: 8:30 a.m. REQUEST: Hearing to determine whether to renew the Tavern Liquor License, with extended hours. ISSUES: Whether or not the evidence of violations by the licensees in the last one-year period warrants sufficient cause for refusal to renew said license. 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 30, 1995 PUBLISHED: February 2, 1995, in the Windsor Beacon 950175 • AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss of-the State of Colorado and ORADO COUNTY OF WELD Weld County Ordinance No. 102, as amended, a public BY:DONALD D.WARDEN hearing will be held In the WELD COUNTY CLERK TO I, ROGER A. LIPKER, of said County of Weld, being duty Chambers of lbe Board of THE BOARD sworn, say that I am publisher of County Commissioners of Weld County, Colorado, BY:SHELLY K.MILLER Weld County Centennial DEPUTY CLERK.TO THE WINDSOR BEACON Center,915 10th Street,First BOARD Roor,Greeley,Colorado,at the time specified. All per- DATED:January 30.1995 sons in any manner interest- a weekly newspaper having a general circulation in said ed in the Site Specific Published in the Windsor County and State, published in the town of WINDSOR, in Development Plan and Beacon on February 2, said County and State; and that the notice, of which the request dtoiatt Permit are +sgs annexed is a true copy, has been published in said weekly requested to attend and may - - - be heard. for / successive weeks, that the notice was Should the applicant or any published in the regular and entire issue of every number of interested party desire the the paper during the period and time of publication, and in presence of a court reporter to make a record of the pro- newspaper proper the and not in a supplement, and that ceedings, in addition to the the first publication of said notice was in said paper bearing taped record which will be the date of the Z kept during the hearing,the a Clerk to the Board shall be f day of - /LNt ectLt - , A.D., 19 �S and the advised in writing of such action at least live days prior last publication bearing the dat�ot the to the hearing. The cost of I — shall be borneby the day of A.D., 19 and that engaginga courtreporter the said WINDSOR BEACON has been published requesting parry. continuously ;me uninterruptedly for the period of 5 BE IT ALSO KNOWN that consecutive weeks, in said County and State, prior to the the relative documents may date cf first Publication of said notice, and the same is 22 be examined in the office of newspaper w ti;n the meaning of an Act to regulate printing e Clerk to the Board s, 9 May County Commissioners, of legal notices and advertisements, approved 18, located in the Weld County 1931, and all prior acts so far as in force. Centennial Center.915 10m Street.Third Floor, Greeley. Colorado. / /////' DOCKET NO: 95-17 / Lcf. — 'p-�g ^. - APPUCANr: Helen and / :/ ISHER Isauro Chavez.Floe El Rojo c . Lounge. 101 Highway ne Longmont, Su s ribed and sworn to before me this 80501-9543 day of Colorado 1 -t �y 19 S-850 DATE:February 9,1995 j�'LS( �`� �h C,K,w�1 TIME:6:30 a.m. E. NOTARY PUBLIC REQUEST: Hearing to I ��1 C- 6 i determine whether to renew My commission expires v �-6.; 2 �r the Tavern Liquor License. !/ with extended hours. ISSUES: Whether or not the evidence of violations by the licensees in the last one-year period warrants Sufficient cause for refusal to renew said license. NOTICE BOARD OF COUNTY COM- MIBSIDNERS Pursuant to the Liquor Code WELD COUNTY. COL- 950175 a pito 441. 4; OFFICE OF COUNTY ATTORNE PHONE(303)356-4000 EXT.4: P.O. BOX 1c ' GREELEY, COLORADO 80E � December 9, 1994 COLORADO CERTIFIED MAIL Isauro and Helen Chavez d/b/a El Rojo Lounge 3101 Highway 119 Longmont, CO 80501-9543 RE: Renewal of Tavern Liquor License Dear Mr. and Mrs. Chavez: • The Board of County Commissioners of Weld County, Colorado, has received your renewal application for tavern liquor license for El Rojo Lounge, 3101 Highway 119, Longmont, Colorado. Your current license expires on February 23, 1995. The Board has also received from you an application for a dance hall license for the year 1995. Please be advised that the Weld County Attorney's Office has been advised by_Qeputy Mark Profitt of the Weld County Sheriff's Office of 14 reported incidents at the El Rojo Lounge during the year 1994 which required intervention or follow-up by the Weld County Sheriffs Office. Enclosed is a complete copy of the reports for all 14 incidents and a complete listing of the reports. Weld County Ordinance No. 102-A authorizes the Board of County Commissioners of Weld County, Colorado, acting as the Local Licensing Authority in Weld County, pursuant to the Colorado Liquor Code, to set a public hearing on the renewal application if it finds probable cause to believe that one of four adverse factors exists. The factors are used by the Board for the determination of whether good cause exists to refuse the renewal of the license. A copy of Ordinance 102-A is enclosed. Given the number and seriousness of the enclosed incident reports, I have requested the Clerk to the Board of County Commissioners to set a probable cause hearing, pursuant to Weld County Ordinance 102-A, to determine if probable cause exists to believe that one of the four factors mentioned in that Ordinance exists. The hearing is set for Wednesday, December 21, 1994, at 9:00 a.m. It will take place in the first floor meeting room of the Weld County Centennial • Center, 915 Tenth Street, Greeley, Colorado. 950175 Isauro and Helen Chavez December 9, 1994 Page 2. It appears that there is sufficient evidence for the Board of County Commissioners to determine that the excessive noise, rowdiness, or disturbances on a continuous basis in the immediate area of the licensed premise (El Rojo Lounge) has been substantially a result of the operation of the licensed premise, and therefore, renewal of the tavern liquor license is unwarranted. (Factor number 2 in Ordinance 102-A.) There is also evidence in the reports which may lead an individual to believe that patrons to the El Rojo Lounge have been served alcohol after the point which those persons were visibly intoxicated, a violation of the requirements of Section 12-47- 128(1)(a), C.R.S. Any violation of this type may warrant nonrenewal of the liquor license pursuant to factor number 1 of Ordinance 102-A. Also enclosed is a copy of Weld County's procedures for probable cause hearings as found on pages 77 and 78 of the Weld County Administrative Manual. The probable cause hearing on December 21, 1994, will follow the procedures set forth therein. If the Board of County Commissioners should determine that probable cause exists that at least one of the four factors set forth in Ordinance 102-A exists, then the Board will set the matter for a show cause hearing at a later date. That hearing will be to determine if the Board should refuse to renew the liquor license. If you should have any questions regarding this letter or concerning the probable cause hearing set for December 21, 1994, please feel free to call me at (303) 356-4000, extension 4390. ,Ls-truly, �i� / race T. Barker Weld County Attorney BTB/db:ElRojo Enclosures pc: Clerk to the Board Mark Profitt 950175 P 008 109 566 IFReceipt for Certified Mail No Insurance Coverage Provided wrwinws Do not use for International Mail POSTAL"Ma (See Reverse) Street and,No Oung- ) 3101 Hi•hwa 11J P.O..State and ZIP Cade Lon•mont CO 80501— : 54 Postage $ (J if Certified Fee ,7 p� Q 0 Special Delivery Fee Restricted Delivery Fee -^^ i AL poly !Im/ IeI[yam - %iN M b `o LL N t NDER: I also wish to receive the amplete items 1 and/or 2 for additional services. amplete items 3,and 4a&b. following services (for an extra rint your name and address on the reverse of this form so that we can fee): n this card to you. ttach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address rs not permit. /rite"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery he Return Receipt will show to whom the article was delivered and the date tared. Consulpostmaster for fee. .,. Article Addressed to: 4a. Article Number aauro & Helen Chavez P 008 109 566 Lounge 4b. Service Type •- /b/a El Rojo g ❑ Registered ❑ Insured 101 Highway 119 )Certified ❑ COD rongmont, CO 80501-9543 ❑ Express Mail ❑ Return andi Receiptse for M 7. Date of Delivery /z- 12-- ? Signature (Addressee) 8. Addressee's Address (Only if requeste and fee is paid) Signature (Agent) ?Sak r6 Ne Lori cAi co Jej Form 3811, December 1991 ous.GPO:19 eau DOMESTIC RETURN RECEIF • x, . 950175 7VYt DATE: December 5, 1994 TO: ROSEMARY LOPER, RECORDS FROM: OFFICE OF WELD COUNTY CLERK TO THE BOARD SUBJECT: LIQUOR LICENSE CHECKS Please run a records check on the following establishment. This information will be used by the Board of County Commissioners in considering renewal of liquor license. PLEASE RESPOND NO LATER THAN DECEMBER 14, 1994. Thank you. ESTABLISHMENT: ISAURO AND HELEN CHAVEZ, dba EL ROJO LOUNGE 3101 HIGHWAY 119 LONGMONT, CO 80501-9543 INCLUSIVE DATES: DECEMBER 1993, through DECEMBER 1994 BY: Shelly K. Miller, Deputy Call 356-4000, ext. 4226 WHEN COMPLETED, OR IF QUESTIONS. • No violations on record. BY: VIOLATIONS: (PLEASE LIST ) BY: 950175 10111 OFFICE OF COUNTY ATTORNE PHONE(303)356-4000 P.O EXT.BOX 439 T P.O. BOX 194r GREELEY, COLORADO 8063. COLORADO January 27, 1995 Bob Ray BY HAND DELIVERY Attorney at Law 1122 9th Street, # 103 Greeley, CO 80631 Al Dominguez District Attorney, 19th Judicial District Weld Centennial Center 915 Tenth Street Greeley, CO 80631 RE: Renewal Hearing for El Rojo Lounge Dear Bob and Al: Enclosed are copies of the following: A. Ordinance 102-A. B. "Guidelines for the Refusal to Renew a Liquor License" as printed in the General Administration section of Weld County's Policies and Procedures Manual. C. "General Procedures for Adjudicatory Type Hearings" as printed in the General Administration section of Weld County's Policies and Procedures Manual. D. Resolution of the Board of County Commissioners dated December 28, 1994 setting the renewal hearing for January 30, 1995 at 1:30 p.m. The Board of County Commissioners will conduct the renewal hearing according to the above stated policies and procedures and Ordinance 102-A. Phase I of the hearing will be to determine if one of the four factors listed in Ordinance 102-A exists. If the Board finds that one of the four factors exists, then the hearing will go into Phase II in which the Board will consider the 11 items which • 95 1G139 Bob Ray Al Dominguez Page 2 January 27, 1995 may aggravate or mitigate the situation and thereby justify either the renewal or denial of renewal. It is my opinion that the Sheriffs Office, represented by Al Dominguez, has the burden of proof in this matter. The proof is by preponderance of the evidence. If you have any questions regarding the procedure for the renewal hearing for Monday, January 30, 1995, please feel free to call me at 356-4000, Extension 4390. Very truly yours, < ,__ Bye T. Barker Weld County Attorney BTB/gb:bobal Enclosures pc Clerk to the Board 950175 15RM90 E39/43/40 154155 *** LOCATION INQUIRY RESPONSE *** MLI : 142721 ADR: 3101 HY 119 CITY: MAP: RD: 211300 FD:21130 *** INCIDENT SUMMARIES *** 09-10-1994 *ASSAULT - SIMPLE WC9403761 LOC 09-10-1994 *ASSAULT - AGGRAVATED WC9403763 LOC 08-21-1994 *HARASSMENT WC9403409 LOC 04-03-1994 *ASSAULT - AGGRAVATED WC9401103 LOC *** CAS INQUIRY RESPONSE *** RPT-NO WC9403761 CAS-CD ASSL CPN FM-DATE 09-10-1994M-TIME 0001 LOCATION OF EVENT 3101 HY 119 RPT-NO WC9401103 CAS-CD ASSL CPN FM-DATE 04-03-1994M-TIME 0110 LOCATION OF EVENT 3101 HY 119 RPT-NO WC9403409 CAS-CD ASSL CPN FM-DATE 08-21-1994M-TIME 0015 LOCATION OF EVENT 3101 HY 119 OKNO GREELEY PD NO MORE DATA FOR LOCATION 00 .71 950175 MEMORANDUM WITO: Board of County Commissioners December 12, 1994 COLORADO From: Keith A. Schuett, Current Planner II ig SUBJECT: Liquor license renewal LC - 0019 Isauro and Helen Chavez • dba, El Rojo Lounge 3101 Highway 119 Longmont, Colorado 80501-9543 Pt of the SW4 of Sec. 3, T2N, R68W of the 6th P.M., Weld County, Colorado, (131303000011) The use is a permitted use in the C-4 (Highway Commercial) Zone District of Weld County, Colorado. 950175 ' OFFICE OF COUNTY ATTORNEI PHONE(303)356-4000 EXT.439- P.O. BOX 194E GREELEY,COLORADO 6063t 11111k. COLORADO December 20, 1994 Robert E. Ray, Esq. 1122 9th Street#103 Greeley, CO 80631 RE: Probable Cause Hearing for Helen and Isario Chavez, d/b/a El Rojo Lounge Dear Bob: Enclosed are copies of three additional incident reports which involve the El Rojo Lounge and which were received by this office on Monday, December 19, 1994. These incident reports will be considered by the Board of County Commissioners at the Probable Cause Hearing regarding the El Rojo Lounge. Please be advised that these incident reports are in addition to 14 other incident reports, copies of which I mailed to the Chavez's and which were received by them on Wednesday, December 14, 1994. As per our telephone conversation regarding a continuance, I will ask the Board to continue the Probable Cause Hearing to 9:00 a.m. on December 28, 1994. It is my understanding that you will be out of town on December 21, 1994, and you wish to be present at the Probable Cause Hearing so that you may represent the interests of the Chavez's. If you should have any questions regarding this letter or regarding the Probable Cause procedure, please feel free to call me at(303) 356-4000, extension 4390. uly, • • ce T.T.Barker J L Weld County Attorney BTB/db:bobray Enclosures pc: Clerk to the Board Mark Profitt 950175 941312 El Rojo Bar Incidents: 1/16/94 Patron assaulted security guard Gibson(WC9400227) 2/12/94 Stolen vehicle from parking lot; 19 yr. old victim had been drinking at the bar (WC9400529) 2/19/94 Stolen vehicle from parking lot(WC9400602) 4/3/94 Suspects arguing in bar, security guards followed suspects outside where suspects started to fight; security guards assaulted while trying to break up fight; people taken to hospital (WC9401103) 5/14/94 Fight in parking lot between female and ex-boyfriend (WC9401654) 8/20/94 Fight broken up by security guard Clemons; victim accused Clemons of excessive 8/21/94 force (hair pulling, handcuffs too tight) and said security guard Clayton threatened to break her arm; harassment charges against female; counter report alleging Clemons assaulted female while handcuffing her (WC9403410, WC9403409) 8/27/94 Cold criminal trespass to vehicle parked in front of bar; owner charged acquaintance of theft of radio (WC9403552) 9/4/94 Theft of vehicle parked in front of bar(WC9403684) 9/10/94 Security guards escorted people outside, fight was started against security guards by patrons; third degree assault and disorderly conduct charges against patrons; charges being made against security guard Clayton for bodily injury inflicted with his flashlight. (WC943761 and WC0403763) 10/8/94 Vehicle belong to security guard was stolen from the bar parking lot after he left his car running while walking the parking lot(WC9404247) 10/9/94 Fight in parking lot of bar, participants intoxicated(WC9404250) 11/7/94 Fight between three females, assault charges filed (WC9404708) 11/24/94 Disorderly conduct - Security guard for bar, while off duty, was involved in a fight at the bar (WC9404987) EXHIBIT �..., 950175 �CE OF THE SyR4<:<, 1' I, FT. LUPTON SUB STATION GREELEY OFFICE f� /� ' P.O. BOX 759 � c o"`" P.O. BOX 123 GREELEY, CO 80632 `•:-� FT. LUPTON, CO 80621 PHONE (303) 356-4000 PHONE (303) 356-4000 EXT. 4690 ED JORDAN (303) 857-2465 Nov. 15 , 1994 Mr. Bruce Barker Weld County Attorney' s Office . Mr. Barker, Enclosed you will find the incident and criminal reports taken at the El Rojo Bar, located at 3101 Hwy 119 , in southern Weld County. These reports are up, to date as of today. There are twelve reports in all. Pour stolen vehicle reports and nine assault/disturbance reports. As their liquor license is up for renewal in either January or Febuary, I would ask that you look over the packet and deter- mine whether or not there is sufficient cause to seek disciplinary action against the bar owners now or when their liquor hearing is held. If you have any questions or concerns, please feel free to contact me at ext. 4180 . Thank Y /17 MARK T. PR FI T Deputy II , WCSO 9501'75 PTXT PAGE NO"0001 WC0076 8160 11-15 1994 06 : l ! WELD Cul�TY wC94:opw, +________________________________________'_____________________________+ | WELD COUNTY SHERIFF ' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-227 | | \ | Crime/ Incident : THIRD DEGREE ASSAULT N/C : ASLTS F/M: M | \ Addl Offense : F/M: l ! Date reported a 011694 Time Rot : 2317 Clearino case #: | | | Connecting cases : { | +-----------------INCIDENT DATE-TIME-AND LOCATION ---------------------+ | F/Date : F/T: Loc : 3101 HWY 119 LONGMONT | IT/Date : T/T: Case status : CLEARED ( DEP: WC0075 WILSON, MICHAEL A +______________________________________^_______________________________+ ---------------------CASE STATUS AND MI9C DATA---^----'----^----'------- | Druas/Alcohol : Y Domestic Viol : Evidence/Photos: { ! Tot Prop Stolen: Prop Rcvd ; Prop Damg : | | Ex*ent Injuries: TWO SMALL SCRATCHES ON LEFT SIDE OF NECK ) FOR A PERSON INVOLVED AS A: VIC ***+ *Name : GIBSON, MICHAEL DOB : * *Addr : 645 1 /2 GAY ST Phone; 6781471 H/B: H * *City: LONGMONT St : CO Zip : 80501 OLN: OLS: * * *Sex : Raw Eth : *Occupation: SECURITY Bus Addr : EL ROJO BAR BusTX : * ********CITE AND BOOK DATA FOR PERSON WHO TNVO|VMENT IS: CITED **** *Name: 0ARVAEZ ^ MARCO DOD: * *Addr : 943 DROSS Phone., H/B: * *Citv: LONGMONT St : CO Zip : 80501 [lLN: OLS: * *Sex : M Roca W Eth : H Mqt : 507 Wgt : 140 Hai : BRO Eye: BPO SS: * *Occupation: Bus Addr : PusTX : * *----------------CITE/LOCATION/VEHICLE INFORMATION---------------------+ *Cite#: WC391 Date: 011794 Time: DR: WC94-227 DFP: uC075 * *Location: 3101 HWY 119 Accident : * *Lic Number : Lic ST : Lic Yr : VIN. * *V-vr : V make: V-model : V-sty)e: V-color : * * *Court Date: 040594 Court Time: 0900 *VIOL-1 : 183204 ASSAULT IN THE THIRD DEGRFE *VIOL-2: *VIOL-3; *VIOL-%. * *----------------------BOOKING DETAILS-- -- -----~------------------- *9c/Mrk/TT : State of Birth : FILL: * *Charoe : 183204 ASSAULT IN THE THIRD DEGREE *F/M: M Is There Addl Chgs : N Booking Cate: 011794 Book Time : * *DUI DAL: BOOK NO: Warrant #: W/ORI : * *Arresting DEP: W[0075 WIL5ON , MICHAEL A *: CPM : CITE : BOOK 950175 PTQ PAGE NO"0002 WC0016 ST60 11-15-i9Y4 out . . v�-u ~-- , , +------------------ ---SYNOPSIS OR NARRATIVE------------------------~---+ : AT THE ABOVE TIME AND DATE I RESPONDED TO THE EL RnJO BAR ON A REPORT OF 0 DISTURBANCE IN PROGRESS. UPON MY ARRIVAL SECURITY GUARDS HAD SUSPECT NARVAEZ IN CUSTODY OUTSIDE OF THE BAR" I CONTACTED RP/VICTIM, GIRSON . I OBSERVED THE LISTED INJURIES AND OBTAINED A WRITTEN STATLMENT" RASED ON THE CONTENTS OF RP/VICTIMS STATEMENT AND THE OBSERVATION OF INJURIES SUSPECT NARVAEZ WAS CITED FOR THIRD DEGREE ASSAULT FOR KNOWLINGLY AND RECKLESSLY CAUSING BODILY INJURY TO PP/VICTIM , GI8SON^ SUSPECT NARVAEZ WAS TRANSPORTED TO HIS RESIDENCE BY A FRIEND AND WAS ADVISED NOT TO RETURN TO THE BAR TONIGHT. NO OTHER ACTION WAS TAKEN BY THIS OFFICER. ` NOTES REGARDING ITEMS INCLUDED WITH THIS REPOPT-----------'+ | ! ITEM NO: 1 DESC : SUMMONS AND COMPLAINT 0391 ( ! ITEM NO: 2 DESC; WRITTEN STATMENT BY PP/VICTIM \ | ITEM NO: DESC : | ! ITEM NO: DESC : __________________________________________________END OF THIS REPORT ____+ +---------------- i \ ( THIS IS THE | | | ___________________________________'_______________+ +___________________ ............................ ...------------------- ---------`--'-'----'--'----------------------------~ Report Approved Ry: W00036WINSETT , RANDOLPM J PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 31 WELD COUNTY WC9400529 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-529 Crime/Incident: THEFT OF AUTO N/C: SVEH F/M: F Addl Offense Date reported : 021394 Time Rpt: 0500 Clearing case # : Connecting cases: } INCIDENT DATE=TIME-AND LOCATION + IF/Date: 021294 F/T: 2230 Loc: EL ROJO BAR LONGMONT IT/Date: 021394 T/T: 0130 Case status: OPEN IDEP: WC0113 ESCH, WILLIAM CASE STATUS AND MISC DATA (Drugs/Alcohol: Y Domestic Viol: Evidence/Photos: I ITot Prop Stolen: Prop Rcvd: Prop Damg: !Extent Injuries : +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: GARCIA, RUBEN DOB: * *Addr: 805 HUBBARD DR Phone: 7729548 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: * *Occupation: COOK Bus Addr: CHINESE COMBO EXPRBusTX: 6512942 * + SYNOPSIS OR NARRATIVE + : DISPATCH ADVISED ME TO CONTACT THE VICTIM AT HIS RESIDENCE IN LONGMONT BY TELEPHONE. I CONTACTED THE VICTIM AND WITH THE USE OF AN INTERPRETOR, I WAS ABLE TO DETERMINE THAT HIS VEHICLE HAD BEEN TAKEN FROM THE PARKING LOT OF THE EL ROJO BAR WHILE HE WAS INSIDE DANCING. THE VICTIM ADVISED THAT HIS KEY WAS ON A LEATHER BEAD KEYCHAIN. FOB HANGING OUT THE BACK OF HIS POCKET AND THAT HE MUST HAVE DROPPED THE KEYS WHILE HE WAS DANCING AND SOMEBODY FOUND OUT THE VEHICLE WAS IN THE PARKING LOT AND TOOK IT. VICTIM ALSO ADVISED THAT WHILE HE WAS IN THE EL ROJO BAR HE ONLY CONSUMED ONE OR TWO BEERS. IT SHOULD BE NOTED THAT THE VICTIM IS ONLY 19 YEARS OF AGE AND WAS DRINKING AS A MINOR AT THE EL ROJO BAR. THE VEHICLE WAS ENTERED INTO NCIC/CCIC AS STOLEN. COIPIS5c : r o� this 111 by DPW U Tegu\ated 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 31 WELD COUNTY WC9400529 + DATA REGARDING A VEHICLE INVOLVED AS A: STN ---+ Date: 021394 Lic: 5738MV LIS: CO LIY: 95 LIT: TK Vyr : 84 Vma: FORD Vmo: TK Vst: PK Vco: GRY Val: 1500 VIN: 1FTCF15Y5EPA81835 Stored: DEP: WC0113 Tow: Type: Cond: Interior: Modif: Wheels: Windows: Tire-pat: Spc-feat: Exterior: Damage: Lts-out: #Occ: Ign locked: Doors locked: Y Key in car: N Paymts curr: Weapons: *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: **** *Name: DOB: Sex: Rac: *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: THIS IS THE END OF THIS REPORT Report Approved By: WC0036 WINSETT, RANDOLPH J • 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:32 WELD COUNTY WC9400529 1 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC94-529 I Supp Date: 021494 Time: 2115 DEP: WC0026 STARK, MICHAEL L Crime/Incident: MOTOR VEH Original Date Reported: 021394 I THEFT I Case status : OPEN Victim Name: GARCIA, RUBEN I Connecting case numbers: I t + t SYNOPSIS OR NARRATIVE + : STOLEN VEHICLE RECOVERED AND TOWED TO LONGMONT, BLUE SKY TOWING, VEHICLE PROCESSED. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: EVIDENCE REPORT S42711 IITEM NO: DESC: I IITEM NO: DESC: I IITEM NO: DESC: I + PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 021494 Item# : 1 Tag# : S42711 Store at: I IBra: Mod: Ser: Pieces: 1 I IDesc: LATENT PRINT FROM REAR VIEW MIRROR I IDEP : WC0026 Val: Cat: X Art: LATENT Mak: T-Cat: Cal: I IOAN: Rcvd-Date: R-Val: I + RECOVERED PROPERTY INFORMATION ITEM QUAN DESCRIPTION OF PROPERTY VALUE : 1 : 1 : 1984 FORD PICKUP LIC 5738MV, VIN 1FTCF15Y5EPA81835 : 1500 • • • • • • • • • NARRATIVE/FACTS: ON 021494 AT ABOUT 1600 HOURS I WAS ADVISED TO GO TO 260 SUNSET DRIVE IN LONGMONT, BLUE SKY TOWING, AND PROCESS A RECOVERED STOLEN VEHICLE FOR ANY EVIDENCE. I ARRIVED AT THE TOWING COMPANY AT ABOUT 1730 HOURS AND 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 :32 WELD COUNTY WC9400529 1 MET WITH THE OWNER WHO ADVISED THE TRUCK IN QUESTION WAS LOCATED INSIDE THE FENCED LOT AND THE CAB WAS LOCKED. THE OWNER ACCOMPANIED ME WITH THE CAR KEYS AND UNLOCKED THE DRIVER DOOR. THE TOW COMPANY OWNER, WHO ALSO TOWED THE VEHICLE, ADVISED ME OF NUMEROUS PLACES ON THE INSIDE AND OUTSIDE OF THE VEHICLE THAT HAD BEEN HANDLED BY UNGLOVED OFFICERS AND TOW PEOPLE. I PROCESSED THE VEHICLE AND RECOVERED A USUABLE LATENT PRINT FROM THE INTERIOR REAR VIEW MIRROR. IT IS NOTED THAT THIS VEHICLE SUSTAINED MAJOR FRONT END DAMAGE THAT WOULD LIKELY DECLARE IT A TOTAL LOSS. NO INFORMATION WAS AVAILABLE FROM THE TOW COMPANY AS TO WHEN AND WHERE AND WHO RECOVERED THIS VEHICLE. THIS IS THE END OF THIS REPORT Report Approved By: WC0036 WINSETT, RANDOLPH J 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09: 32 WELD COUNTY WC9400529 2 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC94-529 I I Supp Date: 021594 Time: 0400 DEP: WC0113 ESCH, WILLIAM Crime/Incident: AUTO THEFT Original Date Reported: 021394 I Case status : OPEN Victim Name: GARCIA, RUBEN Connecting case numbers: AR94-5276 (LONGMONT PD) I + SYNOPSIS OR NARRATIVE + : I CONTACTED THE LONGMONT POLICE DEPARTMENT AND WAS ADVISED THAT THE VEHICLE WAS RECOVERED AT THE 1000 BLOCK OF COLLYER STREET IN LONGMONT, COLORADO. THE STOLEN VEHICLE WAS INVOLVED IN A HIT AND RUN ACCIDENT SUSPECTS LEAVING THE SCENE BEFORE OFFICER ARRIVAL. THERE WAS DAMAGE TO THE FRONT FENDER AND THE RIGHT DOOR WAS JAMMED SHUT. THE VEHICLE HAS BEEN IMPOUNDED AT BLUE SKY TOWING AT 260 SOUTH SUNSET IN LONGMONT, COLORADO, PHONE NUMBER 678-5111 . THE VEHICLE NEEDS TO BE PROCESSED FOR PRINTS BY THIS DEPARTMENT. THE OWNERS OF THE VEHICLE WERE NOTIFIED OF THE RECOVERY AND THE VEHICLE HAS BEEN IMPOUNDED. NO FURTHER ACTION TAKEN BY THIS OFFICER. + RECOVERED PROPERTY INFORMATION ITEM QUAN DESCRIPTION OF PROPERTY VALUE : 1 : 1 : 1984 GRAY FORD PICKUP ( 5738MV) : 1500 • • • • • THIS IS THE END OF THIS REPORT Report Approved By: 9501n PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 32 WELD COUNTY WC9400529 2 WC0036 WINSETT, RANDOLPH J 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09: 32 WELD COUNTY WC9400529 3 + + WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC94-529 I I Supp Date: 021694 Time: 0840 DEP: WC0045 CARLETON, RANDALL R I Crime/Incident: STOLEN Original Date Reported: 021494 I VEHILCE I Case status: I Victim Name: I I Connecting case numbers : I + + + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: EVIDENCE SHEET S44800,544803, S44804 I IITEM NO: 2 DESC: PHOTO LOG I IITEM NO: DESC: I IITEM NO: DESC: I + PROPERTY THAT IS INVOLVED AS: EVD --- 'Date: 021594 Item# : 1 Tag# : S44800 Store at: IBra: STETSON Mod: Ser: Pieces: IDesc: COWBOY HAT ] IDEP : WC0035 Val: Cat: G Art: HAT Mak: T-Cat: Cal: IOAN: Rcvd-Date: R-Val: + PROPERTY THAT IS INVOLVED AS: EVD --- I Date: 021594 Item# : 2 Tag#: G44800 Store at: IBra: Mod: Ser: Pieces: 6 IDesc: BUDWEISER BEER CAN] IDEP : WC0035 Val: Cat: X Art: MISC Mak: T-Cat: Cal: 1OAN: Rcvd-Date: R-Val: + PROPERTY THAT IS INVOLVED AS: EVD --- I Date: 021594 Item# : 3 Tag#: S44800 Store at: IBra: Mod: Ser: Pieces: 1 IDesc: BUDWEISER BEER CAN] IDEP : WC0035 Val: Cat: X Art: MISC Mak: T-Cat: Cal: IOAN: Rcvd-Date: R-Val: 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 32 WELD COUNTY WC9400529 3 + PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 021594 Item# : 1 Tag# : 344803 Store at: I IBra: Mod: Ser: Pieces: 3 I IDesc: LATENT PRINTS ] I IDEP : WC0035 Val: Cat: X Art: LATENT Mak: T-Cat: Cal: I IOAN: Rcvd-Date: R-Val: I + PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 021594 Item#: 1 Tag#: 544804 Store at: I IBra: Mod: Ser: Pieces: IDesc: FILM ] I IDEP : WC0035 Val: Cat: X Art: FILM Mak: T-Cat: Cal: I IOAN: Rcvd-Date: R-Val: I NARRATIVE/FACTS: ON 2/15/94 I WAS ADVISED TO RESPOND BLUE SKY TOWING IN LONGMONT, TO PROCESS A PICKUP THERE. ON MY ARRIVAL, I CONTACTED THE OWNER, WHO SHOWED ME THE PICKUP, WHICH WAS IN HIS LOT. THE PICKUP HAD SEVERE DAMAGE TO THE RIGHT, FRONT BODY OF THE CAB. I FIRST PHOTOGRAPHED THE PICKUP AND THEN PROCESSED THE EXTERIOR AND INTERIOR FOR LATENT FINGERPRINTS. THREE LATENT FINGERPRINT LIFTS WERE TAKEN FROM THE REAR-VIEW MIRROR. WHILE SEARCHING THROUGH THE CAB OF THE PICKUP, I FOUND A BLACK, STETSON COWBOY HAT WHICH HAD INITIALS JBS ON A PIN ATTACHED TO IT. THESE INITIALS WERE NOT THE SAME AS THE REGISTERED OWNER, SO THE HAT WAS TAKEN INTO EVIDENCE. ALSO TAKEN INTO EVIDENCE, WAS A 12-PACK CONTAINER OF BUDWEISER BEER CONTAINING SIX CANS--TWO EMPTY, FOUR FULL. ALSO FOUND, LAYING ON THE FLOOR, WAS ANOTHER BUDWEISER BEER CAN, WHICH WAS ALSO TAKEN INTO EVIDENCE. THESE ITEMS WILL BE PROCESSED FOR FINGERPRINTS AT A LATER DATE. FILM AND OTHER ITEMS OF EVIDENCE WERE ENTERED INTO EVIDENCE IN GREELEY. NO FURTHER ACTION TAKEN BY THIS OFFICER. I I THIS IS THE END OF THIS REPORT Report Approved By: WC0089 HAUSE, TERRY 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09: 32 WELD COUNTY WC9400529 4 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 04 FOR CASE# : WC94-529 1 1 Supp Date: 022294 Time: 1207 DEP: WC0048 WAGNER, BILL L 1 Crime/Incident: STOLEN Original Date Reported: 021394 1 VEHICLE 1 Case status: INACTIVATED 1 Victim Name: GARCIA, RUBEN 1 1 Connecting case numbers : 1 ****************************DATA FOR PERSON INVOLVED AS A: WIT *** *Name: CASAS, DAVID DOB: *Addr: 10910 TURNER BL #95 Phone: 6519194 H/B: H * *City: LONGMONT St: CO Zip: OLN: OLS: * *Sex: M Rac: W Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: COOK Bus Addr: EAST COAST PIZZA BusTX: 7766252 * * TWIN PEAKS MALL *Addl Desc Info: NARRATIVE/FACTS: ON 2/22/94 DURING BRIEFING, I WAS ADVISED BY OFFICER ESCH TO ATTEMPT TO CONTACT REPORTING PARTY VICTIM GARCIA, AT 805 HUBBARD DRIVE IN LONGMONT REFERENCE THIS CASE. OFFICER ESCH ADVISED TO ATTEMPT TO CONTACT HIM AND ASCERTAIN IF, IN FACT, WHAT WAS ORIGINALLY REPORTED TO THE WELD COUNTY SHERIFF' S OFFICE ON 2/13/94 WAS, INDEED, THE TRUTH. I RESPONDED TO 805 HUBBARD DRIVE IN LONGMONT AND ATTEMPTED CONTACT. REPORTING PARTY GARCIA WAS NOT AT HOME AND I WAS ADVISED THAT HE WAS AT WORK IN AN UNKNOWN LOCATION. IT WAS DETERMINED THAT REPORTING PARTY GARCIA WORKS AT THE CHINES COMBO RESTAURANT AT THE TWIN PEAKS MALL IN LONGMONT. I RESPONDED TO THAT LOCATION AND CONTACTED REPORTING PARTY GARCIA. REPORTING PARTY GARCIA DOES NOT SPEAK ANY ENGLISH AND A FRIEND OF HIS, A DAVID CASAS, WAS PRESENT AND FULFILLED THE ROLE AS INTERPRETER. THROUGH THE INTERPRETER IT WAS DETERMINED THAT REPORTING PARTY CASAS DID STATE THAT THE INFORMATION GIVEN TO OFFICER ESCH ON 2/13/94 WAS, IN FACT, THE TRU TH AND THAT WITNESS CASAS WAS ALSO PRESENT AT THE EL ROJO BAR THAT NIGHT AND STATED TO THIS OFFICER THAT REPORTING PARTY GARCIA' S VEHICLE WAS STOLEN BY AN UNKNOWN PERSON AND THAT A JESUS MELENDEZ , JR. , A COUSIN OF BOTH PARTIES, DID, IN FACT, GIVE REPORTING PARTY GARCIA A RIDE HOME THAT NIGHT. I ADVISED REPORTING PARTY GARCIA THROUGH THE INTERPRETER THAT, DUE TO NO SUSPECT LEADS, THIS CASE WOULD HAVE TO BE FILED OPEN, INACTIVE, AT THIS POINT. 950175 PTXT PAGE NO. 0002 GP0827 RM98 10-26-1994 09:32 WELD COUNTY WC9400529 4 + THIS IS THE END OF THIS REPORT + I Report Approved By: WC0089 HAUSE, TERRY 950175 PTXT PAGE NO. 0001 GP0827 RM98 10-26-1994 09:32 WELD COUNTY WC9400602 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-602 Crime/Incident: STOLEN VEHICLE N/C: SVEH F/M: F Addl Offense F/M: Date reported : 022094 Time Rpt: 0230 Clearing case # : Connecting cases: BOULDER PD P94-2921 + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 021994 F/T: 2130 Loc: 3101 HY 119 IT/Date: 022094 T/T: 0130 Case status : OPEN IDEP: WC0113 ESCH, WILLIAM CASE STATUS AND MISC DATA (Drugs/Alcohol: Domestic Viol: Evidence/Photos : ( Tot Prop Stolen: 3000 Prop Rcvd: 3000 Prop Damg: 3000 I 'Extent Injuries: +************************DATA FOR A PERSON INVOLVED AS A: VIC ***+ *Name: GUZMAN, ELSA MARIE ESTELA DOB: * *Addr: 250 KIMBARK ST #2A Phone: 7727062 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: U368956 OLS: CO* *Sex: F Rac: H Eth: H * *Occupation: UNEMPLOYED Bus Addr: BusTX: * + SYNOPSIS OR NARRATIVE + : I WAS DISPATCHED TO 250 KIMBARK STREET TO TAKE A REPORT OF A COLD VEHICLE THEFT. UPON ARRIVAL I CONTACTED THE VICTIM WHO ADVISED SHE HAD BEEN DANCING AT THE EL ROJO BAR AND THAT WHEN SHE LEFT AT APPROXIMATELY 0130 HOURS SHE DISCOVERED HER VEHICLE MISSING. THE REPORTING PARTY VICTIM GUZMAN STATED THAT HER VEHICLE WAS LOCKED AND SHE HAD HER KEYS IN HER POSSESSION AND SHE DOES NOT KNOW HOW THE SUSPECT( S) WERE ABLE TO GET HER VEHICLE. REPORTING PARTY VICTIM GUZMAN ADVISED SHE HAS NO SUSPECT INFORMATION. I WAS CONTACTED BY OFFICER RON GOSSAGE OF THE BOULDER POLICE DEPARTMENT AND WAS ADVISED THAT THE VEHICLE HAD BEEN LOCATED AT THE PARKING LOT OF THE RECREATION CENTER IN BOULDER. OFFICER GOSSAGE STATED TWO SUSPECTS WERE SEEN RUNNING FROM THE VEHICLE AND THAT THE VEHICLE HAD BEEN INVOLVED IN A FIRE AND HAD BEEN TOTALLY ENGULFED. OFFICER GOSSAGE STATED THAT THE VEHICLE WOULD BE A TOTAL LOSS. OFFICER GOSSAGE STATED THAT A WITNESS HAD OBSERVED TWO INDIVIDUALS RUNNING FROM THE VEHICLE PRIOR TO ITS GOING UP IN FLAMES BUT THAT THE WITNESS WAS UNRELIABLE AND COULD ONLY STATE THAT THE TWO INDIVIDUALS APPEARED TO BE MALES UNDER 20 YEARS OF AGE. COPY Use of this information is regulated by LAW 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 :32 WELD COUNTY WC9400602 + PROPERTY DAMAGE INFORMATION + Owner Name: GUZMAN, ELSA ITEM QUAN PROPERTY DAMAGED/DESCRIPTION OF DAMAGE VALUE : 1 : 1 : 1985 BUICK SKYLARK : 3000 • • + DATA REGARDING A VEHICLE INVOLVED AS A: SRE ---+ Date: 022094 Lic: MAB1071 LIS: CO LIY: LIT: PC Vyr : 85 Vma: BUIC Vmo: SKY Vst: 4D Vco: WHI Val: 3000 VIN: 1G4XB69R5FW425020 Stored: DEP: WC0113 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: TOTALLY BURNED UP *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: OWN **** *Name: GUZMAN, ELSA DOB: Sex: F Rac: W * *Addr: 250 KIMBARK ST #2A Phone: 7727062 H/B: H * *City: LONGMONT St: CO Zip: 80501OLN: U368956 OLS: CO * + THIS IS THE END OF THIS REPORT + Report Approved By: WC0036 WINSETT, RANDOLPH J 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09: 32 WELD COUNTY WC9400602 1 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC94-602 + Supp Date: 030294 Time: 0600 DEP: WC0113 ESCH, WILLIAM Crime/Incident: MOTOR VEH Original Date Reported: 022094 1 THEFT I Case status: OPEN Victim Name: GUZMAN, ELSA Connecting case numbers : BOULDER PD P94-2921 I + I ****************************DATA FOR PERSON INVOLVED AS A: SUSPECT *** *Name: GUZMANGOMEZ, JAVIER DOB: * *Addr: 5235 ARROWHEAD LN Phone: H/B: * *City: BOULDER St: CO Zip: 80303 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 506 Wgt: 160 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * *Addl Desc Info: OLN IS UNDER DENIAL * * ****************************DATA FOR PERSON INVOLVED AS A: OTHER *** *Name: LOPEZ, PATRICIA DOB: * *Addr: Phone: 7728544 H/B: H * *City: St: Zip: OLN: OLS: * *Sex: F Rac: Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SOCIAL Bus Addr: BusTX: 7720432 * * WORKER * *Addl Desc Info: * + DEPUTIES/OFFICERS ON SCENE AT INCIDENT + OFFICER RON GOSSAGE, BOULDER POLICE DEPARTMENT NARRATIVE/FACTS: I WAS CONTACTED BY PATRICIA LOPEZ, A SOCIAL WORKER, WHO ADVISED THAT THE VICTIM HAD HAD PRIOR PROBLEMS WITH HER EX-HUSBAND, JAVIER GUZMAN. SUBJECT LOPEZ STATED THAT SOMETIME IN THE PAST SUSPECT JAVIER GUZMAN HAD BROKE IN HER WIFE' S WINDSHIELD TO HER VEHICLE. SUBJECT LOPEZ ALSO STATED THAT HER EX-HUSBAND WAS SUSPECTED OF POURING SUGAR IN THE GAS TANK OF HIS EX-WIFE' S VEHICLE. SUBJECT LOPEZ STATED THAT SHE BELIEVED HER EX-HUSBAND WAS ALSO RESPONSIBLE FOR HAVING THE VEHICLE TAKEN FROM THE EL ROJO BAR AND HAVING IT BURNED. 950175 PTXT PAGE NO. 0002 GP0827 RM98 10-26-1994 09: 32 WELD COUNTY WC9400602 1 DURING MY INITIAL INTERVIEW, I USED THE OLDEST DAUGHTER AS AN INTERPRETOR. I DID NOT GET HER LAST NAME. ALSO DURING MY INITIAL INTERVIEW, I DETERMINED THAT THE VICTIM DID NOT HAVE VEHICLE INSURANCE AND THEREFORE THE VEHICLE IS NOT COVERED WHICH WOULD INDICATE THAT THIS WAS NOT AN INSURANCE SCAM. DURING MY INITIAL INTERVIEW, I DETERMINED THAT HER EX-HUSBAND HAD BEEN OUT OF THE BOULDER COUNTY JAIL FOR ABOUT FIVE MONTHS. I WAS INFORMED THAT THE EX-HUSBAND, JAVIER GUZMAN, DID TWO MONTHS IN JAIL FOR ASSAULT ON THE VICTIM ELSA GUZMAN. I WAS INFORMED BY OFFICER RON GOSSAGE WITH THE BOULDER POLICE DEPARTMENT WHO ADVISED THAT HE WOULD DO A REPORT FOR THE VEHICLE RECOVERY IN BOULDER. THIS IS THE END OF THIS REPORT Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO. 0001 GP0827 RM98 10-26-1994 09: 33 WELD COUNTY WC9400602 2 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC94-602 + Supp Date: 042294 Time: 0235 DEP: WC0025 CONDREAY, RICHARD J Crime/Incident: THEFT Original Date Reported: 022094 Case status : OPEN Victim Name: GUZMAN, ELSA MARIE Connecting case numbers: NARRATIVE/FACTS: ON 042194 , INVESTIGATOR VINCE JOHNSON AND I WENT TO LONGMONT TO TRY AND RE-CONTACT REPORTING PARTY VICTIM ELSA GUZMAN. WE CONTACTED THE MANAGEMENT AT THE APARTMENT THAT SHE WAS LIVING AT, AND THEY ADVISED THAT SHE HAD JUST LEFT FOR WORK. THEY ADVISED THAT SHE HAD JUST GOTTEN A JOB AT THE LONGMONT FOODS AND HAD LEFT JUST A FEW MINUTES PRIOR TO OUR ARRIVAL TO GO TO WORK. WE THEN WENT TO BOULDER IN AN ATTEMPT TO CONTACT THE SUSPECT IN THIS CASE, JAVIER GUZMAN-GOMEZ . THE ADDRESS LISTED ON THE SUPPLEMENT FOR JAVIER GUZMAN-GOMEZ WAS 5235 ARROWHEAD LANE. WE CHECKED A BOULDER AREA MAP AND FOUND NO SUCH ADDRESS. THE ONLY THING WE WERE ABLE TO FIND WAS ARROWWOOD LANE, AND IT WAS ONLY IN THE 3200 BLOCK. WE WENT TO ARROWWOOD LANE, AND AT 3235 ARROWWOOD LANE, WE CONTACTED JESUS PEINADO (DATE OF BIRTH ) AND ASKED HIM IF JAVIER GUZMAN-GOMEZ LIVED THERE. HE STATED THAT JAVIER GUZMAN-GOMEZ IS HIS UNCLE BUT THAT HE IS NO LONGER THERE. JESUS PEINADO STATED THAT HIS UNCLE HAD LEFT ABOUT A MONTH OR TWO AGO TO GO TO MEXICO. WHEN ASKED WHEN JAVIER WOULD BE BACK, HE STATED THAT HE DID NOT KNOW. WE ASKED JESUS IF HE KNEW ANYTHING ABOUT THE FIRE SET IN ELSA GUZMAN' S CAR, AND HE STATED THAT HE HAD HEARD ABOUT IT FROM FAMILY MEMBERS BUT THAT HE DID NOT KNOW WHO MAY HAVE DONE IT. JESUS DID NOT SEEM TO BE OVERLY WILLING TO GIVE US ANY INFORMATION AT ALL ON HIS UNCLE SO NO FURTHER QUESTIONING OF HIM WAS DONE AT THAT TIME. WE THEN WENT NEXT DOOR TO THE PEINADO RESIDENCE TO THE WEST AND CONTACTED ELIZABETH ARMSTRONG (PHONE NUMBER OF 444-6104 ) . WE ASKED HER IF SHE KNEW JAVIER GUZMAN-GOMEZ , AND SHE STATED THAT SHE DID NOT, BUT THEY DID HAVE AN UNCLE WHO HAD BEEN STAYING THERE. HE WAS DRIVING A WHITE MUSTANG, AND SHE HAD LAST SEEN HIM ABOUT A WEEK PRIOR, DRIVE BY VERY SLOWLY THEN STOP AT THE RESIDENCE. MRS. ARMSTRONG DID SAY THAT HER HUSBAND KNEW THE PEINADO' S AND THEIR RELATIVES BETTER THAN SHE DID AND THAT HE WOULD BE THE ONE THAT WE NEEDED TO TALK TO. A BUSINESS CARD WAS LEFT WITH HER, AND WE ASKED HER TO LET US KNOW IF 950175 PTXT PAGE NO. 0002 GP0827 RM98 10-26-1994 09:33 WELD COUNTY WC9400602 2 SHE DID SEE THE UNCLE AGAIN. LATER THAT EVENING, I RECEIVED A MESSAGE FROM DISPATCH THAT ELIZABETH ARMSTRONG HAD CALLED AND HAD REQUESTED FOR ME TO CALL HER. I DID CALL HER, AND SHE STATED THAT SHE HAD CALLED AT ABOUT 4 : 00 THAT AFTERNOON BECAUSE RIGHT AFTER WE HAD LEFT, THE SUBJECT THAT SHE HAD TOLD US ABOUT, THE UNCLE THAT DROVE THE WHITE MUSTANG, HAD COME BY THE RESIDENCE. SHE DID OBTAIN A LICENSE PLATE NUMBER OFF OF THE VEHICLE. THE LICENSE NUMBER WAS MSY023, COLORADO LICENSE PLATE. ON THIS DATE, 042294, I CAME INTO THE SHERIFF' S OFFICE TO DO ADDITIONAL FOLLOW-UP ON THIS CASE. A REQUEST WAS MADE FOR A DMV LISTING ON THE LICENSE PLATE NUMBER OF MSY023 . THAT LISTING CAME BACK TO EFREN GOMEZ, ADDRESS OF 3235 ARROWWOOD LANE, BOULDER, ON A 1966 FORD, TWO DOOR. I ALSO RECEIVED A PHONE MESSAGE FROM REPORTING PARTY ELSA GUZMAN, BUT I WAS UNABLE TO RETURN A CALL AT THAT TIME AND WILL ATTEMPT TO CONTACT HER AT A LATER DATE WHEN I CAN GET AN INTERPRETER TO ASSIST. INVESTIGATION IN THIS CASE CONTINUES. END OF REPORT. 1 THIS IS THE END OF THIS REPORT 1 Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 :33 WELD COUNTY WC9400602 3 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 03 FOR CASE# : WC94-602 1 1 Supp Date: 051094 Time: 1003 DEP: WC0025 CONDREAY, RICHARD J 1 Crime/Incident: AUTO THEFT Original Date Reported: 022094 1 1 Case status: OPEN 1 Victim Name: GUZMAN, ELSA 1 1 Connecting case numbers: 1 NARRATIVE/FACTS: LAST WEEK I REQUESTED CHARLENE ORTIZ, A CORRECTION OFFICER AT THE WELD COUNTY SHERIFF' S OFFICE, TO CONTACT REPORTING PARTY VICTIM, ELSA GUZMAN, TO ASCERTAIN ADDITIONAL INFORMATION ON THIS CASE. THIS REQUEST WAS MADE BECAUSE ELSA GUZMAN DOES NOT SPEAK ENGLISH AND CHARLENE ORTIZ IS BILINGUAL. I GAVE CHARLENE ORTIZ A LIST OF QUESTIONS THAT I WISHED ELSA GUZMAN TO ANSWER. THE FOLLOWING IS THE INFORMATION GIVEN TO CORRECTIONAL OFFICER ORTIZ BY ELSA GUZMAN. ELSA GUZMAN PURCHASED THE VEHICLE AT BIG JOHN' S CAR LOT, PHONE NUMBER OF 772-0447 AT 1031 MAIN STREET,LONGMONT, IN FEBRUARY OF 1992 . SHE PURCHASED THE CAR FOR $3000 AND WAS CURRENTLY MAKING PAYMENTS ON IT. THE VEHICLE WAS IN ELSA' S NAME AND SHE STILL OWED ABOUT $2000 ON THE VEHICLE. SHE DID NOT HAVE ANY INSURANCE ON THE VEHICLE. SHE ALSO ADVISED THAT HER HUSBAND DID NOT HAVE KEYS FOR THE VEHICLE, THERE WAS ONLY ONE SET AND SHE HAD THAT SET. ELSA GUZMAN ALSO ADVISED THAT SHE AND JAVIER GUZMAN-GOMEZ HAD BEEN MARRIED FOR ABOUT 14 YEARS, THEY SEPARATED JUNE 10, 1993. HE FILED FOR A DIVORCE IN AUGUST OF 1993 AND THERE WAS A PROPERTY SETTLEMENT. SHE WAS TO RECEIVE EVERYTHING. HE DID SIGN PAPERS AND ATTENDED COURT THREE TIMES. THE PAPERS FOR THE DIVORCE AND SETTLEMENT WERE FILED IN COURT IN BOULDER, COLORADO. ELSA GUZMAN DID ADVISE THAT FINAL SETTLEMENT HAS NOT BEEN REACHED AND THAT BOTH OF THEM MISSED THE FINAL COURT DATE. SHE WAS IN TEXAS AT THE TIME AND HE WAS IN MEXICO. THE FINAL COURT DATE HAS NOT BEEN RESCHEDULED. 1 THIS IS THE END OF THIS REPORT 1 Report Approved By: 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:33 WELD COUNTY WC9400602 4 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 04 FOR CASE# : WC94-602 Supp Date: 060794 Time: 1455 DEP: WC0025 CONDREAY, RICHARD J Crime/Incident: MOTOR VEH Original Date Reported: 022094 THEFT Case status: INACTIVATED Victim Name: GUZMAN, ELSA MARIE Connecting case numbers : � NARRATIVE/FACTS: ON THIS DATE, I CONTACTED REPORTING PARTY VICTIM GUZMAN BY PHONE AND IN TRANSLATING THROUGH HER DAUGHTER, ADVISED HER THAT I HAD BEEN UNSUCCESSFUL IN MY ATTEMPTS TO CONTACT HER EX-HUSBAND. I TOLD HER THAT I HAD BEEN ADVISED BY NEPHEWS OF HER EX-HUSBAND IN BOULDER THAT HE HAD GONE TO MEXICO. ALSO GUZMAN' S DAUGHTER ADVISED ME THAT THEY KNEW THAT HE HAD IN FACT GONE TO MEXICO AND WHEN I ASKED WHEN HE WOULD POSSIBLY BE BACK, THEY ADVISED THAT HE WAS NOT COMING BACK. BASED ON THE ABOVE INFORMATION, I TOLD ELSA GUZMAN' S DAUGHTER THAT I NEEDED TO ADVISE HER MOTHER THAT AT THIS TIME, WE HAVE NO FURTHER SUSPECTS OR LEADS IN THE CASE AND UNTIL I COULD TALK TO JAVIER GUZMAN THAT NO FURTHER INVESTIGATION IS POSSIBLE. I ADVISED THE CASE WOULD BE FILED OPEN INACTIVE PENDING FURTHER LEADS. END OF SUPPLEMENT. THIS IS THE END OF THIS REPORT 1 + Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:33 WELD COUNTY WC9401103 + WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-1103 Crime/Incident: 2ND DEGREE ASSAULT N/C: ASLTA F/M: F Addl Offense F/M: Date reported : 040394 Time Rpt: 0045 Clearing case #: Connecting cases : + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 040394 F/T: 0110 Loc: 3101 HY 119, LONGMONT I IT/Date: 040394 T/T: 0120 Case status: OPEN IDEP: WC0076 PROFITT, MARK T + CASE STATUS AND MISC DATA (Drugs/Alcohol: Y Domestic Viol: Evidence/Photos: Y I ITot Prop Stolen: Prop Rcvd: Prop Damg: 'Extent Injuries : GIBSON SUSTAINED A LACERATION TO HEAD, 5 STITCHES I +************************DATA FOR A PERSON INVOLVED AS A: VIC ***+ *Name: GIBSON, MICHAEL K DOB: * *Addr: 645 GAYE ST #1/2 Phone: 6711471 H/B: M * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: W Eth: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: * ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: CLEMMONS, WADE A DOB: * *Addr: 2915 E COLLEGE #114 Phone: H/B: * *City: BOULDER St: CO Zip: 80303 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: * * *Addl Desc Info: SUFFERED ABRASIONS ALONG RIGHT SIDE OF FACE, CUT TO * * BACK OF HEAD, SWELLING AND BRUISING TO RIGHT EYE, MACE INHALATION * ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: VILLALOBOS, JOSE A DOB: * *Addr: 570 N 6TH AV Phone: 6598209 H/B: H * *City: BRIGHTON St: CO Zip: 80601 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: * * *Addl Desc Info: SUFFERED MACE INHALATION * * COPY Use ofreg dated byrm LAW atiOn is 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:33 WELD COUNTY WC9401103 ****************************DATA FOR PERSON INVOLVED AS A: REP *** *Name: CHAVEZ , HELEN DOB: * *Addr: 3101 HY 119 Phone: H/B: * *City: LONGMONT St: CO Zip: 80504 OLN: OLS: * *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: BAROWNER Bus Addr: 3101 HY 119 BusTX: * * *Addl Desc Info: ** * + SYNOPSIS OR NARRATIVE + : NIGHTTIME. PARKING LOT. SECURITY GUARDS ASSAULTED BY 6-8 INDIVIDUALS WHILE TRYING TO BREAK UP A FIGHT. SUSPECTS USED METAL FLASHLIGHT AND BASEBALL BAT DURING THE ASSAULT. VICTIMS DID SUSTAIN VISIBLE INJURY THROUGH USE OF DEADLY WEAPON. SUSPECTS ALSO SPRAYED THE VICTIMS WITH MACE. SUSPECTS FLED PRIOR TO ARRIVAL OF LAW ENFORCEMENT OFFICERS. + DATA REGARDING A VEHICLE INVOLVED AS A: SUS ---+ Date: 040394 Lic: MPT338 LIS: CO LIY: 94 LIT: PC Vyr : Vma: FORD Vmo: TK Vst: LL Vco: SIL/BLK Val: VIN: Stored: DEP: WC0076 Tow: Type: Cond: F Interior: Modif: Wheels: Windows: Tire-pat: Spc-feat: Exterior: Damage: Lts-out: #Occ: Ign locked: Doors locked: Key in car: Paymts curr: Weapons : 1980-1985 FORD BRONCO, STATION WAGON FRONT WINDSHIELD BROKEN, RIGHT PASSENGER DOOR WINDOW BROKEN *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: **** *Name: DOB: Sex: Rac: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * + DEPUTIES/OFFICERS ON SCENE AT INCIDENT + WC0051 FOURNIER, JOHN A WC0111 RUDISILL, ROY WC0016 WORKMAN, ROBERT J TWO UNKNOWN LONGMONT POLICE OFFICERS NARRATIVE/FACTS: AT APPROXIMATELY 0110 HOURS ON 4/3/94 , DISPATCH ADVISED OF A FIGHT IN PROGRESS AT THE EL ROJO BAR AT THE LISTED ADDRESS. DUE TO THE INFORMATION PROVIDED DEPUTIES RUDISILL, FOURNIER, ? , WORKMAN AND MYSELF, RESPONDED CODE 3. WE ALSO REQUESTED THAT LONGMONT SEND A COUPLE OF 950175 PTXT PAGE NO.0003 GP0827 RM98 10-26-1994 09:33 WELD COUNTY WC9401103 OFFICERS OVER DUE TO THE DISTANCE THAT WE WERE FROM THE BAR. AFTER ARRIVAL OF LAW ENFORCEMENT, WE DETERMINED THAT THE SUSPECTS HAD FLED THE SCENE IN THE LISTED SUSPECT VEHICLE. I THEN CONTACTED VICTIM GIBSON WHO ADVISED ME THAT HE AND JOSE VILLALOBOS WERE FOLLOWING THREE BROTHERS FROM THE BAR DUE TO THEIR BEING INVOLVED IN ARGUMENTS ALL NIGHT LONG BETWEEN THE THREE OF THEM. WHEN THEY EXITED THE BAR, ONE OF THE BROTHERS BRUSHED PAST VICTIM GIBSON AND ATTEMPTED TO TACKLE ONE OF HIS BROTHERS. IN THE ENSUING MELEE, GIBSON AND VILLALOBOS ATTEMPTED TO PULL THE BROTHERS APART WHEN THEY WERE ATTACKED BY FOUR TO FIVE OTHER BAR PATRONS AS THEY WERE LEAVING THE BAR. VICTIM STATED THAT TWO OR THREE OF THE INDIVIDUALS WERE TRYING TO PUNCH HIM AND THAT HE HAD RECEIVED A SUCKER PUNCH BEHIND THE RIGHT EAR WHICH KNOCKED HIM TO THE GROUND. WHILE HE WAS ON THE GROUND, HE RECEIVED NUMEROUS KICKS TO THE BODY, AND DURING THAT TIME, APPARENTLY ONE OF THE SUSPECTS TOOK HIS FLASHLIGHT FROM THE HOLDER ON HIS BELT. VICTIM STATED THAT HE HAD A SMALL OPENING SO HE ATTEMPTED TO GET BACK UP, AT WHICH TIME, THE SUSPECT WITH THE FLASHLIGHT STRUCK HIM IN THE HEAD WITH THE FLASHLIGHT JUST ABOVE HIS LEFT EYE. GIBSON STATED THAT HE WAS ABLE TO KICK ONE OF THE SUSPECTS IN THE MOUTH, AND DID BRUISE HIS HAND WHILE DEFENDING HIMSELF BY PUNCHING ONE OF THE OTHER SUSPECTS IN THE FACE. VICTIM STATED THAT THE SUSPECTS THEN LEFT IN THE LISTED VEHICLE. GIBSON CONTINUED TO SAY THAT THE SUSPECTS THEN CAME BACK, LEFT AGAIN, AND WHEN THEY CAME BACK AGAIN, THE OWNER OF THE BAR, HELEN CHAVEZ , TOLD EVERYBODY TO GET INSIDE AND SHE LOCKED THE DOORS. HOWEVER, WADE CLEMMONS, ONE OF THE OTHER SECURITY GUARDS, WAS STILL OUTSIDE AND HAD GOTTEN LOCKED OUT. AT THAT POINT, AN UNKNOWN SUSPECT CAME UP BEHIND HIM AND STRUCK HIM IN THE BACK OF THE HEAD WITH SOME KIND OF A WEAPON, POSSIBLY A BASEBALL BAT. APPARENTLY AT THIS TIME, AFTER THEY HAD RETURNED, THE SUSPECTS THEN SPRAYED MACE (PEPPER) AT CLEMMONS AND GIBSON, WHO WAS COMING OUT OF THE DOOR TO ASSIST MR. CLEMMONS, AND THAT AT THIS TIME WAS WHEN JOSE VILLALOBOS APPARENTLY INHALED SOME OF THE MACE ALSO. ALL THREE OF THE VICTIMS WERE COMPLAINING OF A BURNING SENSATION DUE TO THE MACE AND VILLALOBOS WAS HAVING SOME DIFFICULTY IN BREATHING. BOTH GIBSON AND CLEMMONS WERE TRANSPORTED TO THE LONGMONT UNITED HOSPITAL VIA AMBULANCE, WHERE THEY WERE TREATED FOR THEIR INJURIES BY DR. OGDEN AT THE EMERGENCY ROOM AND SUBSEQUENTLY RELEASED. DEPUTY RUDISILL COLLECTED A COMB AND A CHANGE THAT HAD BEEN TAKEN OFF OF THE SUSPECTS AND TRANSPORTED THOSE ITEMS IN AS EVIDENCE ( SEE SUPPLEMENT OF DEPUTY RUDISILL) . I ALSO REQUESTED THAT DEPUTY CARLSON RESPOND TO THE HOSPITAL TO TAKE PHOTOGRAPHS OF THE TWO VICTIMS FOR EVIDENCIARY PURPOSES. CARLTON ADVISED THAT HE WOULD COMPLETE A SUPPLEMENT ON HIS ACTIONS AT THE HOSPITAL. I NOTIFIED DISPATCH OF THE VEHICLE DESCRIPTION AND REQUESTED THAT A PICKUP AND HOLD ORDER BE AIRED TO THE SOUTHWESTERN WELD COUNTY, BOULDER COUNTY AND ADAMS COUNTY AREAS. NO FURTHER ACTION TAKEN BY THIS OFFICER 950175 PTXT PAGE NO.0004 GP0827 RM98 10-26-1994 09 : 33 WELD COUNTY WC9401103 THIS IS THE END OF THIS REPORT Report Approved By: WC0076 PROFITT, MARK T 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 33 WELD COUNTY WC9401103 1 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC94-1103 Supp Date: 040394 Time: 2050 DEP: WC0045 CARLETON, RANDALL R Crime/Incident: ASSAULT Original Date Reported: 040394 Case status: OPEN Victim Name: I Connecting case numbers: I + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: EVIDENCE SHEET S43841 I IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: + PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 040394 Item#: 1 Tag#: 543841 Store at: IBra: Mod: Ser: Pieces: 1 IDesc: FILM IDEP : WC0045 Val: Cat: X Art: FILM Mak: T-Cat: Cal: IOAN: Rcvd-Date: R-Val: NARRATIVE/FACTS: AT APPROXIMATELY 0200 HOURS ON THIS DATE, I WAS REQUESTED BY MANAGER WORKMAN TO RESPOND TO LONGMONT UNITED HOSPITAL IN REFERENCE TO PHOTOGRAPHS OF TWO VICTIMS FROM AN ASSAULT OCCURRING AT THE EL ROJO BAR IN THE DEL CAMINO AREA. UPON ARRIVAL AT LONGMONT UNITED HOSPITAL, I WAS DIRECTED BACK TO THE EMERGENY ROOM, WHERE I INTRODUCED MYSELF TO THE VICTIMS AND ADVISED THAT I WOULD LIKE TO TAKE SOME PHOTOGRAPHS OF THEIR INJURIES. THE FIRST SEVERAL PICTURES OF THE FILM WERE OF THE CASE REPORT NUMBER WITH FRAMES #3-8 BEING TAKEN OF VICTIM GIBSON, AND THE INJURIES HE RECEIVED TO THE LEFT PORTION OF HIS FOREHEAD (WHICH REQUIRED SEVERAL STAPLES TO CLOSE ) , THE RIGHT HAND, AND OF THE CLOTHING HE WORE WHICH WAS BLOOD-SOAKED. THE PHOTOGRAPHS #9-18 WERE OF VICTIM CLEMMONS SHOWING INJURIES HE RECEIVED TO THE BACK OF HIS HEAD (WHICH REQUIRED APPROXIMATELY SEVEN TO NINE STAPLES TO CLOSE) , INJURIES ON THE RIGHT SIDE OF HIS FACE AND RIGHT EYE, AND OF THE CLOTHING THAT HE WAS WEARING. 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 33 WELD COUNTY WC9401103 1 + + 1 THIS IS THE END OF THIS REPORT + + Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 33 WELD COUNTY WC9401103 2 + + WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC94-1103 I I Supp Date: 040494 Time: 2100 DEP: WC0111 RUDISILL, ROY I Crime/Incident: 2ND DEG Original Date Reported: 040394 I ASSAULT I Case status: OPEN I Victim Name: GIBSON, MICHAEL Connecting case numbers: I + + + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: EVID SHEET S43548 IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: + PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 040494 Item# : 1 Tag#: S43548 Store at: I IBra: Mod: Ser: Pieces: 1 I IDesc: BLUE COMB W/HANDLE I IDEP : WC0111 Val: Cat: P Art: PERSAC Mak: T-Cat: Cal: I IOAN: Rcvd-Date: R-Val: I + PROPERTY THAT IS INVOLVED AS: EVD ---+ IDate: 040494 Item# : 2 Tag# : S43548 Store at: I IBra: Mod: Ser: Pieces: 2 I IDesc: GOLD CHAIN NECKLACE I IDEP : WC0111 Val: Cat: J Art: JEWEL Mak: T-Cat: Cal: I WAN: Rcvd-Date: R-Val: I NARRATIVE/FACTS: ON 040394 , I RESPONDED TO THE EL ROJO BAR AT 3101 HWY 119 IN LONGMONT TO ASSIST DEPUTY PROFIT ON A FIGHT IN PROGRESS WHICH TURNED OUT TO BE A SECOND DEGREE ASSAULT ON VICTIM MICHAEL GIBSON. AT THE SCENE, I COLLECTED EVIDENCE, WHICH CONSISTED OF A BLUE COMB AND TWO PIECES OF A GOLD NECK CHAIN. I ALSO RECEIVED INFORMATION ON THE SUSPECT VEHICLE, WHICH WAS A MID 80 ' S FORD BRONCO, BLACK AND SILVER IN COLOR. I RELAYED THE VEHICLE INFORMATION TO DISPATCH IN ORDER FOR THEM TO AIR A BE ON THE LOOK OUT (BOLO) FOR THIS VEHICLE FOR ANY AGENCY TO CONTACT THIS VEHICLE AND HOLD THEM FOR WELD COUNTY SHERIFF' S OFFICE. I PLACED THE ITEMS THAT I COLLECTED FOR EVIDENCE INTO THE GREELEY 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 33 WELD COUNTY WC9401103 2 POLICE DEPARTMENT EVIDENCE AND ENTERED THIS INFORMATION ON EVIDENCE SHEET S43548 . REQUEST THIS EVIDENCE SHEET BE PLACED WITH THE ORIGINAL REPORT, WC94-1103. NO FURTHER ACTION TAKEN BY THIS OFFICER. 1 THIS IS THE END OF THIS REPORT Report Approved By: WC0111 RUDISILL, ROY 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 34 WELD COUNTY WC9401103 3 + + WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 03 FOR CASE# : WC94-1103 I 1 Supp Date: 040494 Time: 1520 DEP: WC0054 RINNE, TERIE 1 Crime/Incident: ASSAULT Original Date Reported: Case status: 1 Victim Name: 1 1 Connecting case numbers: 1 + + t NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: COPY OF PRESS RELEASE DATED 040494 IITEM NO: DESC: 1 IITEM NO: DESC: 1 ! ITEM NO: DESC: + t 1 1 1 THIS IS THE END OF THIS REPORT + + Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 34 WELD COUNTY WC9401103 4 + + WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 04 FOR CASE# : WC94-1103 Supp Date: 051194 Time: 0800 DEP: WC0076 PROFITT, MARK T I Crime/Incident: ASSAULT Original Date Reported: 040394 Case status : OPEN I Victim Name: GIBSON, MICHAEL K Connecting case numbers: I + + ****************************DATA FOR PERSON INVOLVED AS A: SUSPECT *** *Name: PINEDA, MARIO DOB: * *Addr: 1185 35TH ST #4 Phone: H/B: * *City: BOULDER St: CO Zip: 80302 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: POSS 2ND ADDRESS OF 1801 QUEENS DR. LONGMONT * * * + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + ( ITEM NO: 1 DESC: PHOTOGRAPH I IITEM NO: DESC: I ( ITEM NO: DESC: I ( ITEM NO: DESC: + DATA REGARDING A VEHICLE INVOLVED AS A: SUSPECT ---+ Date: 051194 Lic: MPT338 LIS: CO LIY: 94 LIT: PC Vyr : 83 Vma: FORD Vmo: Vst: SW Vco: SIL/BLK Val: VIN: 1FNEU15F9DAL59061 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: OWNER **** *Name: PINEDA, ANTONIO DOB: 041167 Sex: F Rac: H * *Addr: 1185 35TH ST #4 Phone: H/B: * *City: BOULDER St: Zip: OLN: R471854 OLS: CO * NARRATIVE/FACTS: WHILE LOOKING OVER FOLLOW-UP ACTION TAKEN ON THIS REPORT, I DISCOVERED 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9401103 4 THAT APPARANTLY NO ONE HAD COMPLETED A DMV CHECK ON THE SUSPECT VEHICLE. I CONTACTED KATHY IN RECORDS AND OBTAINED THE LISTED VEHICLE INFORMATION AND REGISTERED OWNER INFORMATION FROM HER. IT SHOULD BE NOTED THAT RO ANTONIO PINEDA ALSO HAD A SECOND ADDRESS WHICH I LISTED UNDER FORMATE PE WITH MARIO IN LONGMONT. CASE IS STILL OPEN. 1 1 1 THIS IS THE END OF THIS REPORT Report Approved By: WC0016 WORKMAN, ROBERT J 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9401103 5 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 05 FOR CASE# : GP94-1103 Supp Date: 060294 Time: 1501 DEP: WC0025 CONDREAY, RICHARD J 1 Crime/Incident: ASSAULT Original Date Reported: 040394 Case status: OPEN 1 Victim Name: GIBSON, MICHAEL Connecting case numbers: 1 NARRATIVE/FACTS: ON 060194 ABOUT 1430 HOURS, I WENT TO 1801 QUEENS DRIVE IN LONGMONT. THIS AN ADDRESS THAT WAS LISTED FOR SUSPECT ANTONIO PINEDA. AT THAT LOCATION, I CONTACTED ALFRIETA TRUMBLA, DATE OF BIRTH . I ASKED HER IF ANTONIO PINEDA WAS HOME OR IF HE DID RESIDE AT THAT ADDRESS AND SHE ADVISED THAT HE DOES, THAT ANTONIO IS HER HUSBAND, BUT AT THAT TIME HE WAS AT WORK AND HE CURRENTLY WORKS AT WESTERN DISPOSAL, OUT OF BOULDER. I EXPLAINED TO HER AT THAT TIME I WAS INVESTIGATING AN ASSAULT THAT HAD OCCURED AT THE EL ROHO BAR ON 040394 IN WHICH THE SECURITY OFFICERS FOR THE BAR HAD BEEN ASSAULTED. I ASKED IF SHE KNEW WHETHER HER HUSBAND AND HIS BROTHER HAD BEEN OUT THAT NIGHT AND SHE STATED SHE DID NOT KNOW BUT THAT THEY ARE OUT AND ABOUT QUITE FREQUENTLY AND SHE HAS NO IDEA WHERE THEY GO. I GAVE HER A BUSINESS CARD AT THAT TIME AND ASKED IF SHE WOULD HAVE HER HUSBAND GIVE ME A CALL TO ARRANGE A TIME WHICH I COULD MEET WITH HIM. ON THIS DATE 0602094 AT ABOUT 1030AM, I RECEIVED A CALL FROM ALFRIETA TRUMBLA AND SHE STATED AT THAT TIME THAT HER HUSBAND WOULD BE HOME THIS EVENING AT ABOUT 5 :00. I TOLD HER AT THAT TIME THAT DUE TO A PREVIOUS COMMITTMENT, I WOULD BE UNABLE TO MEET WITH HIM TONIGHT. I TOLD HER AT THAT TIME I PROBABLY WOULD HAVE TO SET UP SOMETHING AT A LATER DATE. THIS AFTERNOON, IN TALKING WITH INVESTIGATOR VINCE JOHNSON, I FOUND THAT HE WOULD BE WORKING IN THE LAFAYETTE AND LONGMONT AREA IN FOLLOW UP IN ONE OF HIS CASES. I ASKED HIM AT THAT TIME IF HE WOULD BE AVAILABLE AT AROUND 5: 00 OR A LITTLE AFTER TO CONTACT ANTONIO PINEDA AT HIS RESIDENCE TO OBTAIN A STATEMENT AND HE AGREED TO DO SO. FOLLOW UP CONTINUES. 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9401103 5 I THIS IS THE END OF THIS REPORT + I Report Approved By: WC0018 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 34 WELD COUNTY WC9401103 6 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 06 FOR CASE# : WC94-1103 I 1 Supp Date: 060294 Time: 1900 DEP: WC0050 JOHNSON, VINCENT J 1 Crime/Incident: ASSAULT Original Date Reported: 040394 1 1 Case status: OPEN 1 Victim Name: GIBSON 1 1 Connecting case numbers : 1 ****************************DATA FOR PERSON INVOLVED AS A: SUSPECT *** *Name: PINEDA, ANTONIO DOB: *Addr: 1801 QUEENS DR Phone: 6511031 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: Y255241 OLS: CO* *Sex: M Rac: H Eth: H Hgt: 600 Wgt: 160 Hai: BLK Eye: BRO SS: 521671187* *Occupation: LABORER Bus Addr: WESTERN DISPOSAL BusTX: * * *Addl Desc Info: * * NARRATIVE/FACTS: ON 6-2-94 , AT APPROXIMATELY 1800 HOURS, I CONTACTED SUSPECT PINEDA, ANTONIO AT THIS RESIDENCE. I OBTAINED A VERBAL STATEMENT FROM HIM. HE REMEMBERED THE NIGHT QUITE WELL AND SHOWED WHERE HE STILL HAS A BUMP ON THE BACK OF HIS HEAD FROM BEING HIT BY A FLASHLIGHT THAT NIGHT. ANTONIO TOLD ME THAT HE, MARIO AND FELIPE LUNA WENT TO THE EL ROJO BAR THAT NIGHT. HE STATED THAT THERE WAS GOING TO BE A FIGHT IN THE PARKING LOT. ONE OF THE GUYS FIGHTING WAS KIND OF FRIENDS WITH MARIO. HE DID NOT KNOW WHO THE OTHER GENTLEMAN WAS. HE DOES NOT KNOW NAMES OF EITHER OF THE PEOPLE THAT WERE GOING TO FIGHT. HE SAID THAT THEY MOVED OUTSIDE TO WATCH THE FIGHT IN THE PARKING LOT, WHEN SECURITY CAME. HE WATCHED ONE OF THE SECURITY GUARDS GO UP AND HIT HIS BROTHER, MARIO, SUSPECT PINEDA, MARIO, IN THE BACK OF THE HEAD. HE SAID MARIO HAD MADE NO MOVEMENT TOWARDS THE SECURITY OFFICERS. AFTER MARIO WAS HIT, HE THEN WENT AFTER THE SECURITY GUARD THAT HIT HIM AND FOUGHT WITH HIM. ANTONIO SAID THAT HE SAW ANOTHER SECURITY GUARD GOING OVER TOWARDS MARIO, SO HE WENT THAT DIRECTION. HE STATED THE SECURITY GUARD WAS HITTING MARIO AND MOTIONED IN A MANNER OF PUNCHING WITH FISTS WHILE MARIO CURRENTLY WAS ON THE GROUND. AS HE WAS GOING OVER THERE, HE SAID HE WAS GOING TO GO AND STOP THE OTHER SECURITY GUARD FROM BEATING UP MARIO WHEN HE SAW A THIRD SECURITY GUARD COME UP. HE STATED THAT SECURITY GUARD HIT HIM IN THE BACK OF THE HEAD WITH A FLASHLIGHT AND THAT HE "KIND OF FAINTED" . ANTONIO SAID THAT AT THAT POINT IN TIME, HE STARTED YELLING FOR HELP. 950175 PTXT PAGE NO. 0002 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9401103 6 FELIPE CAME OVER AND HELPED HIM UP. THEY WERE GOING TO GO OVER AND GET THE SECURITY GUARDS OFF MARIO AS THE GUARDS WERE BEATING UP MARIO. AS THEY APPROACHED, THE SECURITY GUARDS STOPPED BEATING HIM AND LET HIM GO. MARIO, FELIPE AND ANTONIO THEN GOT INTO ANTONIO'S BRONCO. ANTONIO SAID HE WAS DRIVING AND THEY LEFT. HE STATED AS THEY WERE GOING OVER THERE, ONE OF THE SECURITY GUARDS WAS SPRAYING MACE IN HIS FACE. HE STATED THAT NEITHER FELIPE, MARIO NOR HIMSELF WERE TREATED FOR THEIR INJURIES AT THE HOSPITAL. ANTONIO LATER STATED THAT HE MISSED TWO DAYS OF WORK, BUT THAT HE WAS OK. I ASKED ANTONIO WHAT HE FELT STARTED THE FIGHT AND CONTRIBUTED TO IT. HE STATED THAT TWO GENTLEMEN AGREED TO FIGHT, NEVER DID FIGHT THAT HE KNOWS OF. HE STATED THAT THEY DID NOT GET IN TROUBLE AS FAR AS HE KNEW, EITHER, AND THOUGHT THAT WAS SOMEWAHT IRONIC. HE FELT THAT THE SECURITY GUARDS OVERREACTED TO THAT FIGHT AND THAT THEY ASSAULTED MARIO FIRST AND THAT' S WHAT CAUSED EVERYBODY TO GET INTO A BIGGER FIGHT AND FIGHT WITH SECURITY GUARDS. I ADVISED ANTONIO PINEDA THAT FURTHER INVESTIGATION IS BEING DONE IN THIS CASE BY INVESTIGATOR CONDREAY. I TOLD HIM, AT THIS POINT IN TIME, I DID NOT KNOW WHAT WOULD HAPPEN BUT THAT IT WAS POSSIBLE THAT HE WOULD BE CHARGED WITH ASSAULT OUT OF THIS AS HE WAS LISTED AS A SUSPECT. HE DID NUNDERSTAND THAT. HE WAS NOT VERY CONCERNED ABOUT THAT AND STATED THAT HE WOULD SHOW UP IN COURT TO TELL HIS SIDE OF THE STORY WITHOUT A PROBLEM. NO FURTHER ACTION TAKEN. + + 1 THIS IS THE END OF THIS REPORT + + Report Approved By: WC0062 LEMLEY, MONTE R 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9401103 7 + WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# 07 FOR CASE# WC94-1103 Supp Date: 061694 Time: 1000 DEP: WC0025 CONDREAY, RICHARD J I Crime/Incident: 2ND DEG Original Date Reported: 040394 ASSAULT Case status: OPEN I Victim Name: GIBSON, MICHAEL I I Connecting case numbers : I ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: CLAYTON, BRENT DOB: * *Addr: 2781 BASSWOOD #234 Phone: 4660244 H/B: H *City: DENVER St: CO Zip: 80221 OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * *Addl Desc Info:* * + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: EVID SHEET S44210 I IITEM NO: DESC: I IITEM NO: DESC: I IITEM NO: DESC: I PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 061694 Item# : 1 Tag#: S44210 Store at: Pieces: 1 IBra: Mod: Ser: IDesc: TAPED STATEMENT IDEP : WC0025 Val: Cat: Q Art: CTAPE Mak: T-Cat: Cal: I IOAN: Rcvd-Date: R-Val: I + PROPERTY THAT IS INVOLVED AS: EVD ---+IDate: 061694 Item#: 2 Tag# : S44210 Store at: Ipieces : 1 IBra: Mod: Ser: IDesc: TAPED STATEMENT IDEP : WC0025 Val: Cat: Q Art: CTAPE Mak: T-Cat: Cal: I IOAN: Rcvd-Date: R-Val: I NARRATIVE/FACTS: ON 060994 I CONTACTED VICTIM WADE CLEMONS BY MEANS OF A PHONE NUMBER 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 34 WELD COUNTY WC9401103 7 THAT WAS GIVEN ON THE ANSWERING MACHINE WHEN I ATTEMPTED TO CONTACT HIM AT HIS LAST ADDRESS. THE PHONE NUMBER WAS 667-0070. WADE CLEMONS ADVISED THAT HE IS CURRENTLY STAYING TEMPORARILY WITH HIS PARENTS IN LOVELAND, COLORADO. I EXPLAINED TO HIM THAT I WANTED TO TALK TO HIM IN REFERENCE TO THE REPORTED ASSAULT AT THE EL ROHO BAR. HE AGREED TO MEET WITH ME AT THE MOUNTAIN VIEW FIRE DEPARTMENT SUB STATION OUT OF DEL CAMINO. THE TAPED STATEMENT WAS OBTAINED FROM WADE CLEMONS IN REFERENCE THE INCIDENT AT THE EL ROHO BAR. IN HIS STATEMENT WAD CLEMONS ADVISED THAT HE HAD BEEN WORKING INSIDE THE BAR AT EL ROHO THAT NIGHT AWAY FROM THE DOOR AND ONLY SAW MIKE GIBSON AND ONE OF THE OTHER SECURITY PERSONNEL FOLLOWING TWO TO THREE PEOPLE OUT THE DOOR. LATER WHEN HE HEARD THAT THERE WAS A FIGHT OUTSIDE, HE WENT OUT AND ARRIVED OUTSIDE WHEN THE FIGHT APPARENTLY WAS BREAKING UP. THE SUBJECTS HAD ALREADY LEFT AND HE DID NOT SEE WHO WAS INVOLVED IN THE FIGHT. IT WAS AT THAT TIME THE SUSPECTS HAD COME BACK AND EVERYBODY WENT IN TO THE BAR AND ATTEMPTED TO CLOSE UP AND LOCK THE BAR TO PREVENT THEM FROM COMING BACK IN. HE HAD GOTTEN LOCKED OUT AND WAS ATTEMPTING TO GET BACK IN WHEN SOMEONE CAME UP BEHIND HIM AND MACED HIM IN THE FACE. HE DIDN'T SEE WHO MACED HIM AND FROM THAT POINT ON, WAS BASICALLY INCAPACITATED. I TOLD WADE CLEMONS THAT ONE OF THE ALLEGED SUBJECTS IN THE ASSAULT CONCLAIMEDEY AD ST ONE OUT O R ES AND PROCEEDED TO ATTACK THEM. CLEMONS STATED THAT HE WOULD NOT HAVE BEEN SURPRISED IF GIBSON HAD BEEN THE PARTY WHO HAD OVER-REACTED. HE STATED THAT GIBSON BECAME VERY EMOTIOTHATD ED R-REACT O THE M. END CLEMONS OF THAT NIGHT. WADE CLEMONS ALSO GAVE ME THE NAME OF BRYANT CLAYTON AS ONE OF THE SECUTIY GUARDS WHO WAS ALSO WORKING THAT NIGHT. HE SUGGESTED THAT I CONTACT HIM TO OBTAIN A STATEMENT FROM HIM. HE ALSO STATED THAT TONY, THE OTHER SECURITY GUARD WORKING THAT NIGHT, WAS THE ONE WHO WENT OUTSIDE WITH MIKE GIBSON AND WOULD PROBABLY BE ABLE TO GIVE ME MORE INFORMATION AS TO WHO DID WHAT AS FAR AS THE SUSPECTS INVOLVEMENT AND MIKE GIBSON' S INVOLVEMENT. I CONTACTED BRENT CLAYTON BY PHONE AT THE NUMBER GIVEN TO ME BY WADE TOE THIS AREATTOED TO MAKE MEET WITH HIMATOEMENTS OBTAINTO HAVE MR.A STATEMENTCORYTONMEETEATIAHER NEUTRAL LOCATION. HE STATED HE WOULD NOT BE AVAILABLE FOR SEVERAL DAYS SO I AVAILABLEED ANDHITWOULDULD OBTAINLAHIM BACK STATEMENTTFROMATER TIME HIM OVER THEN HE PHONE. BE I DID CALL BRENT CLAYTON BACK AT ABOUT 3: 30 PM ON 060994 AND TAPED OUR 950175 PTXT PAGE NO. 0003 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9401103 7 CONVERSATION OVER THE PHONE. IN HIS STATEMENT, BRENT CLAYTON STATED HE WAS WORKING THE DOOR OF THE EL ROHO THAT NIGHT AND THE OWNER HELEN CHAVEZ HAD GOTTEN HIS ATTENTION AND INDICATED THERE WAS A PROBLEM. HE WENT OUTSIDE AND SAW MIKE GIBSON AND TONY FIGHTING A COUPLE OF GUYS. HE GOT INTO A SCUFFLE WITH ANOTHER PARTY AND THIS GUY REPORTEDLY ASSAULTED HIM SEVERAL TIMES. HE GOT THE PARTY INTO A HEAD LOCK AND SOMEBODY TOOK HIS FLASHLIGHT AWAY FROM HIM AND STRUCK HIM WITH IT. THE PARTICIPANTS IN THE FIGHT THEN RAN TO A TRUCK AND GOT IN AND LEFT. CLAYTON STATED HE GOT THE LICENSE PLATE NUMBER OFF THE VEHICLE. ABOUT FIVE MINUTES LATER THEY CAME BACK AND GOT OUT OF THE VEHICLE WITH WEAPONS. SOME HAD APPARENTLY BATS AND ONE OF THEM HAD MACE. THEY THEN TRIED TO GET EVERYBODY BACK IN TO THE BAR TO LOCK THE DOOR TO PREVENT THE SUSPECTS FROM COMING IN. IT WAS ABOUT THIS TIME THEY NOTICED THAT WADE CLEMONS WAS NOT INSIDE. IT WAS AT THAT TIME THAT WADE CLEMONS WAS MACED BY ONE OF THE SUSPECTS. IN HIS STATEMENT, BRENT CLAYTON STATED THAT THE FIGHT APPARENTLY WAS A RESULT OF SEVERAL PARTIES ATTEMPTING TO GET A SMALLER PATRON OF THE BAR OUTSIDE FOR SOME REASON TO BECOME INVOLVED IN A FIGHT. ONCE THEY GOT THE PARTY OUTSIDE, APPARENTLY ONE OF THE SECURITY GUARDS HAD STEPPED IN BETWEEN AND THAT' S WHEN THE FIGHT WAS IN PROGRESS. CLAYTON STATED THAT HE FELT HE MAY BE ABLE TO IDENTIFY AT LEAST A COUPLE OF THE PEOPLE THAT WERE INVOLVED IN THE FIGHT AND THE ONES THAT ASSAULTED HIM. ALSO IN HIS STATEMENT, CLAYTON STATED ANOTHER SECURITY GUARD WAS PRESENT, A PARTY BY THE NAME OF PETE. HE COULD NOT GIVE ANY INFORMATION AS TO PETE' S IDENTITY AND RECOMMENDED THAT I CONTACT THE OWNER OF THE BAR TO OBTAIN THAT INFORMATION. I + THIS IS THE END OF THIS REPORT + I Report Approved By: WC0018 950175 PTXT PAGE NO. 0001 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9401103 8 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 08 FOR CASE# : WC94-1103 Supp Date: 061694 Time: 1418 DEP: WC0025 CONDREAY, RICHARD J 1 Crime/Incident: 2ND DEG Original Date Reported: 040394 ASSAULT Case status: OPEN 1 Victim Name: GIBSON, MICHAEL Connecting case numbers : 1 NARRATIVE/FACTS: ON THIS DATE 061694 I RECONTACTED REPORTING PARTY HELEN CHAVEZ BY PHONE. I TOLD HER AT THAT TIME THAT I NEEDED TO GET A STATEMENT FROM HER AS TO WHAT HAPPENED THAT NIGHT IN WHICH THE FIGHT BROKE OUT AND THE REPORTED SECURITY PERSONNEL WERE INJURED. SHE STATED THAT SHE WAS WORKING THE DOOR THAT NIGHT AND THAT WHEN THE PROBLEMS BROKE OUT SHE WAS UNABLE TO LEAVE AND DID NOT SEE WHAT HAD OCCURRED OUTSIDE. SHE DID SAY THAT SEVERAL PARTIES HAD ATTEMPTED TO GET ONE INDIVIDUAL OUTSIDE IN AN APPARENT ATTEMPT TO FIGHT HIM. SHE STATED THAT ONE SUBJECT WHO SHE KNEW AS MARIO STARTED THE WHOLE THING. APPRARENTLY HE WAS TRYING TO DRAG THE LONE INDIVIDUAL OUTSIDE. SOMEBODY THEN SHOVED THE GUY OUTSIDE SO HARD THAT HE FELL DOWN. HE GOT UP AND TOOK A SWING AT ONE OF THE PARTIES BUT MISSED. AT THAT TIME, ONE OF THE SECURITY PERSONNEL STEPPED IN AND THE FIGHT BROKE OUT. I ASKED HER IF SHE SAW ANYTHING FURTHER HAPPENING AFTER THAT AND SHE STATED SHE DIDN'T SEE WHO DID WHAT. I ALSO ASKED HER HOW SHE CAME ABOUT OBTAINING THE NAMES OF THE PARTIES AND SHE STATED SHE GOT THE NAMES FROM PEOPLE WHO WERE THERE AND KNEW THEM. AS FAR AS WHO THEY MAY BE, SHE COULD NOT SAY. I ASKED HER IF TONY OR ANTONIO MAY HAVE KNOWN THE PEOPLE AND SHE STATED SHE DID NOT BELIEVE SO. THEY MAY HAVE KNOWN THEM BY FIRST NAME ONLY BUT THAT WOULD HAVE BEEN IT. I ASKED HER IF ANOTHER SECURITY GUARD, PETE, WAS WORKING THAT NIGHT AND SHE STATED HE WAS NOT WORKING BUT HE WAS THERE. I ASKED HER PETE' S LAST NAME AND SHE STATED SHE DID NOT KNOW IT. AS FAR AS THE NAME OF THE INDIVIDUAL WHO THE SUSPECTS WERE TRYING TO START A FIGHT WITH, SHE DID NOT KNOW HIS NAME BUT SAID SHE COULD FIND OUT. I ASKED ISAURO CHAVEZ , HELEN CHAVEZ ' HUSBAND, IF HE SAW ANYTHING THE NIGHT OF THE FIGHT AND HE STATED HE WAS WORKING BEHIND THE BAR ALL NIGHT 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9401103 8 AND DID NOT SEE ANYTHING. I ATTEMPTED TO CONTACT MIKE GIBSON BY PHONE AT A NUMBER GIVEN TO ME BY HIS MOTHER AND RECEIVED NO ANSWER ON THAT NUMBER SO I TRIED THE PAGER NUMBER SHE HAD ALSO GIVEN ME AND FINALLY DID RECEIVE A CALL BACK FROM MIKE GIBON' S GIRLFRIEND WHO ADVISED THAT HE IS CURRENTLY IN THE BOULDER COUNTY JAIL ON A POSSIBLE PAROLE VIOLATION. + I THIS IS THE END OF THIS REPORT I + + Report Approved By: FUPINV 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9401103 9 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 09 FOR CASE# : GP94-1103 Supp Date: 061794 Time: 1130 DEP: WC0025 CONDREAY, RICHARD J Crime/Incident: ASSAULT Original Date Reported: Case status: OPEN Victim Name: GIBSON, MICHAEL Connecting case numbers: I NARRATIVE/FACTS: ON THIS DATE 061794 AT ABOUT 10: 30 AM, I WENT TO BOULDER COUNTY JAIL TO INTERVIEW MICHAEL GIBSON IN REFERENCE TO THIS CASE. IN HIS STATEMENT HE ADVISED THAT THAT NIGHT HE WAS WORKING AT THE EL ROJO AND BASICALLY HAD NO ASSIGNED LOCATION, WOULD JUST WANDER AROUND THE BAR WATCHING THE DIFFERENT ACTIVITY. HE STATED THAT HE HAD NOTICED ABOUT SIX GUYS LEAVING AND HIMSELF AND TONY DECIDED TO FOLLOW THEM OUT. HE STATED THAT THERE HAD BEEN NO REAL PROBLEMS, BUT DUE TO THEIR ACTIVITY THEY IF FELT IT MIGHT BE NECESSARY TO MAKE SURE NOTHING DID HAPPEN, THAT THEY WOULD JUST FOLLOW THEM OUT. HE STATED THEY WERE NOT ESCORTED OUT, THEY JUST BASICALLY FOLLOWED THEM TO THE DOOR. ONCE THE PARTIES GOT OUTSIDE HE STATED THAT ONE OF THEY FORCED HIMSELF BY GIBSON AND TONY AND GRABBED ANOTHER GUY SHOVING HIM AGAINST THE CAR STRIKING HIM THREE TO FOUR TIMES. GIBSON SAID THAT TONY GRABBED THE LARGER GUY AND PULLED HIM TO THE SIDE AND HE GRABBED THE GUY THAT HAD BEEN STRUCK, TURNED HIM AROUND AND PUSHED HIM UP AGAINST THE VEHICLE. ABOUT THAT TIME HE SAID SOMEBODY FROM HIS RIGHT SIDE STRUCK HIM UP SIDE THE HEAD. GIBSON SAYS HE TURNED AND LOOKED AT THE GUY AND THE GUY KIND OF STEPPED BACK AS IF HE WAS GETTING READY TO HIT HIM AGAIN. GIBSON SAID HE RECOGNIZED THE PARTY AS A REGULAR AND WOULD RECOGNIZE HIM IF HE SAW HIM AGAIN. ABOUT THAT TIME, SEVERAL GUYS BECAME INVOLVED IN THE FIGHT AND GIBSON STATED THAT HE DID NOT RECOGNIZE ANY OF THE OTHER PARTIES. HE SAID THAT HE DID MANAGE TO HIT ONE GUY TWO TO THREE TIMES WITH HIS FEET AND ONCE OR TWICE WITH HIS FISTS. IT WAS DURING THIS INCIDENT THAT HE SAID THAT HE WAS STRUCK IN THE HEAD APPARENTLY BY A FLASHLIGHT. DURING THE FIGHT HE SAID THAT TONY TOOK OFF AFTER A GUY THAT HAD GONE AROUND THE BUILDING AND HE FOLLOWED TONY TO COVER HIM. AT ABOUT THIS TIME HE STATED THAT THE SIX PARTIES APPARENTLY GOT INTO A VEHICLE, A BLAZER OR BRONCO TYPE VEHICLE AND BEGAN BACKING UP TOWARDS THEM. HE THEN GOT BEHIND A CAR AND THE VEHICLE CONTINUED AROUND TO THE OTHER SIDE OF THE BUILDING. HE STAETD THAT HE FOLLOWED THE VEHICLE AND PICKED UP A ROCK OR SOMETHING AND THREW IT AT THE VEHICLE WITH THE INTENTION OF DINGING THE VEHICLE TO MARK IT SOMEHOW. IT WAS AT THIS TIME THAT THE VEHICLE THEN LEFT THE PARKING LOT OF THE BAR AND THEY BEGAN TRYING TO BREAK UP THE CROWD. HE SAYS A FEW MINUTES LATER THE VEHICLE CAME BACK INTO THE PARKING LOT AND OCCUPANTS GOT OUT OF THE VEHCIEL, ONE HAD A BASEBALL BAT AND ANOTHER APPARENTLY 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 :34 WELD COUNTY WC9401103 9 HAD A CAN OF MACE. THIS IS WHEN THEY TRIED GETTING THE PATRONS OF THE BAR BACK INTO THE BAR TO LOCK THE DOOR. GIBSON WAS HELPED BACK IN THE BAR BY SOMEBODY AND HE SAYS HE THOUGHT HE WAS THE LAST PERSON TO GO IN, AND THE DOOR WAS CLOSED AND LOCKED. IT WAS THEN THAT THEY FOUND THAT WADE CLEMENS HAD BEEN LOCKED OUT. I ASKED GIBSON HOW MANY OF THE PEOPLE THAT WERE INVOLVED THAT HE WOULD BE ABLE TO IDENTIFY. HE DID SAY THAT THE GUY THAT STRUCK HIM WITH HIS FISTS HE THOUGHT HE MIGHT BE ABLE TO IDENTFY AND ALSO POSSIBLY THE GUY WHO WAS SPRAYING THE MACE HE MIGHT BE ABLE TO IDENTFY. AS FAR AS WHO STRUCK HIM WITH THE FLASHLIGHT THOUGH HE SAID THAT HE DID NOT SEE WHO DID IT AND WOULD NOT BE ABLE TO IDENTFY THEM. I ASKED HIM IF HE WAS AWARE OF WHO IDENTIFIED THE SUSPECTS AND HE STATED THAT ONLY IS WAS THROUGH PATRONS WHO MAY HAVE RECOGNIZED THEM AND MAY PASSED THE WORD ON TO THEM. HE DID NOT KNOW OF ANYBODY SPECIFICALLY WHO COULD IDENTIFY THEM THOUGH. HE ALSO SAID THROUGH SECOND INFORMATION THEY ALSO HEARD THAT THESE GUYS DID THIS QUITE FREQUENTLY, GOING FROM BAR TO BAR TO CAUSE PROBLEMS AND START FIGHTS. MICHAEL GIBSON HAD NO FURTHER INFORMATION AT THIS TIME. THIS IS THE END OF THIS REPORT Report Approved By: WC0030 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9401103 10 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 10 FOR CASE# : WC94-1103 Supp Date: 101294 Time: 1500 DEP: WC0025 CONDREAY, RICHARD J Crime/Incident: 2ND DEG Original Date Reported: 040394 ASSAULT Case status: INACTIVATED Victim Name: GIBSON, MICHAEL Connecting case numbers: ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: CLAYTON, BRENT DOB: * *Addr: 2781 BASSWOOD #234 Phone: 4660244 H/B: * *City: DENVER St: CO Zip: 80221 OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * NARRATIVE/FACTS: DURING THIS INVESTIGATION I WAS UNABLE TO FIND ANY OF THE VICTIMS, EXCEPT FOR VICTIM BRENT CLAYTON, WHO WOULD BE ABLE TO IDENTIFY ANYBODY WHO HAD STRUCK HIM. AND SINCE THE PARTY WHO STRUCK VICTIM CLAYTON, STRUCK HIM WITH HIS FIST, THIS CHARGE WOULD OF ONLY BEEN A MISDEMEANOR THIRD DEGREE ASSAULT CASE. I OBTAINED THE DRIVERS LICENSE PHOTOS OF THE TWO POSSIBLE SUSPECTS, ARIO AND ANTONIO PINEDA. I ATTEMPT TO HAVE PHOTO LINE UPS MADE WITH THESE DRIVERS LICENSE PHOTOS, BUT DUE TO THE DIFFERENCES IN THE PHOTOS FROM OUR MUG SHOT SYSTEM, AND FROM THE QUALITY OF PHOTOS RECEIVED FROM THE DEPARTMENT OF REVENUE, IT WOULD NOT BE POSSIBLE TO COMPILE PHOTO LINE UPS THAT WERE SUFFICIENTLY ALIKE TO BE NON-BIASED OR SUGGESTIVE IN NATURE. I DID CONTACT DEPUTY DISTRICT ATTORNEY, KEN STORCK, AND ASKED HIM IF IT WOULD BE POSSIBLE TO GO AHEAD AND JUST SHOW THE PHOTOS FROM THE DEPARTMENT OF REVENUE TO THE VICTIM IN THIS CASE, WITHOUT CAUSING IDENTIFICATION PROBLEMS. I EXPLAINED TO HIM THE NATURE OF THE PROBLEMS WITH THE DRIVERS LICENSE PHOTOS AND TRYING TO CREATE PHOTOS FROM OUR MUG SHOT SYSTEM, AND HE STATED THAT PHOTO LINE UP IDENTIFICATION WAS NECESSARY, OTHERWISE THE IDENTIFICATION WOULD BE TAINTED. I CONTACTED VICTIM BRENT CLAYTON AND EXPLAINED TO HIM EXACTLY WHY THERE WERE PROBLEMS AS FAR AS THE IDENTIFICATION ASPECT, AND HE STATED AT THAT TIME THAT HE DID NOT FEEL IT WAS NECESSARY TO PURSUE THE CHARGES ON THIS CASE. I TOLD HIM AT THIS TIME THE CASE WOULD BE FILED OPEN, INACTIVE, 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9401103 10 NO FURTHER ACTION TAKEN BY THIS OFFICER. HE DID CONCUR WITH THAT ACTION. 1 THIS IS THE END OF THIS REPORT 1 1 + 1 Report Approved By: WC0030 950175 r. i _`. i PoOLL Nu.U001 WI it .6 slay. 1 i ! ` - I Ilr..iie , l '.-! •i . •, - Y ... I WF L.I:) COUNTY SHERIFF Hi OFF I F E OFF t N :E I NC ]: YEN I REPORT NO: We< 4-- i e,54 I I I ICI' .I.til rr!. L ut::i.(:1 Fi71 I-IH! itCI' i IL':`dr N/1., : Hi-11 1EG FIi°I: (`) IAddl Offense F M: i t }_ hF rc.GrrFx : o51 i.,.. i..i.roe Fp . : aibu Wearing case #P: I [ Connecting cases: I I i ................_.............._....._............_..._...._.-Irai.I)_,F-rdr DA 'IE_--TIME"-AND i...;E_,F:_Ar ;aN......... .....__...............__._..._.._.._......._.._.._..____...._ _. IF/Date : G`..'::i F'?4 Fi I Oi40 I_.o::_ : 310:1. HWY 119 I II/Date: l /T: Case etatu<s: EX CLAD (VFTP) IDLE : WC0076 PROFITT , MARK: F CASE STATUS AND MIST DATA _...._....---.._...._.-.._._......__ IDrugs/Alcohol : DomEi !Iic Viol : Evidence/F'hoto<o: I ITot Prop Stolen: Prop Rcvd : Prop Damp : I [ Extent hituri.es : i .p* M * k*.p.* **.. ..q.t* *** *,*p.y*DAFA FOR A PERSON INVOLVED AS A: VICTIM .y.. .., *Name: NARVA I Z , DARLENE L DOD : * *Addr : 303 KAUFFMAN 42O2 Phone: H/B: * *C: i. ty: 1..uNBMON.1 St : CO Zip : 8050L OLN: OL.S: * *Sex : F Rat. : W Eth : * *Occupation: UNEMPLOYED Bus Addr- : BusTX: : ' *.*..,;..*..*..*..*.*.*..*.*.*..*.*..* *..*..*..*..*.*..*.*.*..*..*..**DATA FOR PERSON INVOLVED AS A: REP PARL Y .* * *. *Name!: CHAVEZ , HELEN DOB: * *Addy- : 3101 HWY 119 Phone: H/B: * *City: L...ONGMON1 St : CO Zip : 805O4 OL...N: OLS: * *Sex : F Par- : H Lth : H Het : Wqt : Hai : Eve: SS: * *Occupation: OWNER Bus Addy : EL P050 BAR Bu=_s.i X : * * * *( ddl. Desc Info : * * * :,.*.**************.*.*.*****..*.*.**.*.DATA FOR PERSON INVOLVED An A: SUSPECT *** *Name: OALAVI:Z--DELCADO, ELE.AZAR DOB: *Addr : r:?035 MEADOW DR 41. 1 Phone: H/B: * *City : LONGMONT at : CO Zip : 8O5O1 OI_N : U7337O0 Ol..S: CO* *Sex : M Rae: : F-I E:th : H Hqt : PRO SS: * 507Nut : 175 Hai. : FiRi:a Eve: *Occ:upatiosl : Buss Addr : Bu<_,TX : * * * *Addl Deec_ Into : o * 950175 - '-- j-- fn4 VOW/ wELD ****************************PATA FOR PERSON INVOLVED AS A : WITNESS *** *Name: THOMPSON, SANDRA L DOB: * *Addr : 204 ST CLAIR ST Phone- H/B: * *Citv: LONGMONT St : CO Zip : 90501 OLN: OLS: * *Sex : F Rac : W Eth : Hgt : Wgt : Hai : Eye : SS: * *Occupation: UNEMPLOYED Bus Addr : BusTX : * * * *Addl Desc Info : * * * +---------------------SYNOPSIS OR NARRATIVE----------------------------+ : FAR PARKING LOT" VERBAL ALTERCATION TURNED INTO SHOVING MATCH. NO INJURIES" BOTH VICTIM AND WITNESS ARE PREGNANT. VICTIM FAILED TO PROSECUTE . +-------------DEPUTIES/OFFICERq ON SCENE AT INCIDENT-------------------+ DEPUTY RUDIRILL OFC SKAGSS (DACONO PD) NARRATIVE/FACTS: AT THE LISTED TIME AND DATE, I WAS DISPATCHED TO A LARGE BAR FIGHT IN THE PARKING LOT AT THE EL ROJO BAR . DUE TO THE FACT THAT THERE WAS NO INFORMATION AS FAR AS WEAPONS AND THAT THIS WAS A LARGE FIGHT. I RESPONDED CODE THREE. I ALSO REQUESTED MUTUAL AID FROM DACONO POLICE DEPARTMENT AND ADVISED DEPUTY RUDISILL THAT HE MIGHT WANT TO COME OVER ALSO. UPgN MY ARRIVAL, I CONTACTED THE SECURITY GUARDS AND REPORTING PARTY CHAVEZ WHO ADVISED ME THAT THERE HAD BEEN A MINOR PHYSICAL CONFRONTATION BETWEEN A BOYFRIEND AND HIS EX-GIRLFRIEND. I CONTACTED VICTIM WARVAIZ WHO ADVISED ME THAT SHE HAD BROKEN UP WITH THE SUSPECT A NUMBER OF WEEKS AGO AND THAT THEY HAVE NOT BEEN LIVING TOGETHER. SHE STATED THAT SHE HAD GONE TO THE BAR AND WAS DANCING WITH ANOTHER GUY WHEN FLEAZAR BECAME JEALOUS AND LEFT THE BAR A COUPLE OF MINUTES BEFORE SHE DID. SHE STATED THAT WHEN SHE WENT OUT INTO THE PARKING LOT, SHE TRIED TO GET ELEAZAR TO TALK TO HER AND THAT ME HAD PUT HER IN A BEAR HUG AND WHEN SHE BROKE AWAY FROM THAT BEAR HUG, SHE FELL DOWN BUT DID NOT HURT HERSELF. I ALSO CONTACTED WITNESS THOMPSON WHO ADVISED ME THAT THE TWO PARTIES INVOLVED HAD BEEN ARGUING FOR A WHILE AND THAT SHE STATED THAT EiEAZAR DID PHYSICALLY PUSH VICTIM mARVAIZ DOWN. HOWEVER, SHE DID NOT HEAR WHAT WAS CAUSING THE ARGUMENT. SHE ALSO STATED THAT VICTIM mARVAIZ HAS HAD PREVIOUS PROBLEMS FROM THIS SUSPECT AND THAT SHE WAS ALWAYS AFRAID TO TESTIFY. I REQUESTED THAT MISS CHA;EZ INTERPRET FOR ME AND ASK SUBJECT �m m ��N� �� ��=�� PTXT PAGE 10 "0003 WC0076 S :bO V^ nv � ^ 1-0 ..- \ / GALAVIZ-nELGADO WHAT HAD HAPPENED. HE SAID THAT SHE HAD TRIED TO GET INTO HIS TRUCK AND THAT WHEN HE WENT TO PULL HER OUT OF THE TRUCK, SHE STARTED YELLING AT HIM AND EVERYTHING ELSE AND THAT SHE PUSHED HIM AWAY AND WHEN SHE PUSHED HIM AWAY , SHE FELL DOWN" DUE TO THE LENGTH OF TIME THAT THE TWO OF THESE PARTIES HAVE BEEN BROKEN UP, I DO NOT FEEL THAT THIS WARRANTS A DOMESTIC SITUATION " M[)WEVER, ALL PARTIES DID APPEAR TO BE INTOXICATED AND NONE OF THE PARTIES WISHED TO PROSECUTE AT THIS TIME . THERE WERE NO VISIBLE SIGNS OF INJURY AND AFTER INSURING THAT VICTIM NARVAIZ UNDERSTOOD THAT SHE SHOULD NOT INSTIGATE SITUATIONS SUCH AS THIS AS SHE DID ON THIS OCCASION, I INSURED THAT SHE DID NOT WISH TO TAKE ANY ACTION AT THIS TIME. SHE STATED THAT SHE DID AND THAT SHE JUST WANTED TO GET HER CAR KEYS AND GO HOME. APPARENTLY BOTH THE VICTIM AND THE SUSPECT LOST THEIR CAR KEYS SOMETIME DURING THE FIGHT, AND WE WERE UNABLE TO LOCATE THEM AT THIS TIME . ROTH PARTIES ACCUSED THE OTHER PARTY OF TAKING THEIR CAR KEYS, HOWEVER, THERE IS NO EVIDENCE OF THAT AT THIS TIME. REQUEST CASE BE EXCEPTIONALLY CLEARED. VICTIM FAILED TO PROSECUTE. NO FURTHER ACTION TAKEN. END OF REPORT . +-------------------------- --- ------------------------------------------ | | | THIS 16 THE END OF THIS REPORT | ( | ........._....--------------- ------------- ------------------------------ ------------------------------------------~--^'--------------------------------- Report Approved Bv: WC0016 WORKMAN, ROBERT J ���� �� ���� �w� PTXT PAGE NO. 0001 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9403410 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-3410 + Crime/Incident: ASSAULT N/C: ASLTS F/M: M Addl Offense F/M: Date reported : 082194 Time Rpt: 0025 Clearing case # : Connecting cases: WC94-3409 + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 082094 F/T: 0015 Loc: 3101 HWY 119, LONGMONT IT/Date: T/T: Case status: CLEARED IDEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA IDrugs/Alcohol: Domestic Viol: Evidence/Photos : ITot Prop Stolen: Prop Rcvd: Prop Damg: I ( Extent Injuries: ABRASION TO LEFT WRIST, PAIN TO HANDS, PAIN TO SCALP +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: BARRON, NORMA DOB: * *Addr: 1915 WARREN ST #2 Phone: 6512961 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: F Rac: H Eth: H *Occupation: UNEMPLOYED Bus Addr: * BusTX: * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: TREVIZO, PATRICIA L DOB: * *Addr: 19 W 5TH AV Phone: H/B: * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: RECEPTIONST Bus Addr: LONGMONT CLINIC BusTX: * * *Addl Desc Info: * * * * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: CLAYTON, BRENT E DOB: * *Addr: 2781 BASSWOOD Phone: 4660244 H/B: H * *City: DENVER St: CO Zip: 80221 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY GD Bus Addr: 3101 HWY 119 BusTX: 7763770 * * *Addl Desc Info: * * * * ,ryM COPY Useis regof uciatedi byiLFVVVn 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 34 WELD COUNTY WC9403410 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITED **** *Name: CLEMONS, WADE A DOB: * *Addr: 8812 FAWN TRAIL RD Phone: H/B: * *City: LOVELAND St: CO Zip: OLN: 941672353 OLS: CO* *Sex: M Rac: W Eth: Hgt: 602 Wgt: 165 Hai: RED Eye: BLU SS: ** *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: WC9044 Date: 082194 Time: DR: WC94-3410 DEP: WC0076 * *Location: 3101 HWY 119 Accident: * *Lic Number: Lic ST: Lic Yr: VIN: ** *V-yr: V-make: V-model: V-style: V-color: * *Court Date: 102094 Court Time: 0900 *VIOL-1: 183204 ASSAULT IN THE THIRD DEGREE *VIOL-2 : *VIOL-3 : *VIOL-4 : * * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: *Charge: 183204 ASSAULT IN THE THIRD DEGREE * *F/M: M Is There Addl Chgs: NO Booking Date: 082194 Book WBooI ;Time: * *DUI BAL: BOOK NO: Warrant #: *Arresting DEP: WC0076 PROFITT, MARK T * : CRM : CITE : BOOK + CRIMINAL CHARGE/PROBABLE CAUSE SUMMARY + : BAR/LIQUOR ESTABLISHMENT. SUSPECT IS SECURITY GUARD AT THE EL ROJO BAR. SUSPECT AND WITNESS CLAYTON ATTEMPTED TO BREAK UP A FIGHT INVOLVING TIGHT, CAUSINGIMINORM. UINJURY.SPECT SUSPECT NOT DCUFFE TFORMALLYIM, ETRAINED ON USE D CUFFS ON SOFT TOO HANDCUFFS. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + ITEM NO: 1 DESC: COPY SUMMONS WC9044 IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: + DEPUTIES/OFFICERS ON SCENE AT INCIDENT + WC0125 GENOVA, NICHOLAS NARRATIVE/FACTS: AT THE LISTED TIME AND DATE DEPUTY GENOVA AND I RESPONDED TO THE EL ROHO BAR ON A REPORT OF A BAR FIGHT. UPON OUR ARRIVAL I CONTACTED MR. CLEMONS WHO AT E TING AS A SEE CASECER AT REPORTTHE EL ROHO BAR ME NUMBER 950175 PTXT PAGE NO.0003 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9403410 WC94-3409. I ALSO CONTACTED VICTIM BARRON WHO ADVISED ME THAT WHEN CLEMONS WENT TO BREAK UP AN ALTERCATION BETWEEN HER AND A SECOND FEMALE PARTY HE HAD GRABBED HER BY THE HAIR AND DRAGGED HER ACROSS THE DANCE FLOOR. HE THEN BENT HER OVER AND HANDCUFFED HER BEHIND HER BACK. SHE COMPLAINED THAT THE CUFFS WERE PUT ON TOO TIGHT AND WHEN I TOOK THE HANDCUFFS OFF OF HER WRISTS I HAD NOTICED THAT THE HANDCUFFS HAD LEFT DEEP MARKS IN BOTH WRISTS AND HAD CAUSED A SUPERFICIAL ABRASION ON HER LEFT WRIST. THERE WAS ALSO A SMALL CUT IN ONE OF THE INDENTATIONS WHERE THE METAL OF THE HANDCUFF HAD ACTUALLY SPLIT THE SKIN ON HER LEFT WRIST. I ALSO NOTICED THAT HER HANDS WERE DISCOLORED AND APPEARED TO BE SLIGHTLY BLUE AND SHE WAS COMPLANINING THAT THEY WERE NUMB. I ALSO NOTED THAT APP 45 MINUTES AFTER MY INITIAL CONTACT WITH HER SHE WAS STILL COMPLAINING THAT HER HANDS WERE NUMB. SHE DID COMPLAIN THAT HER HANDS WERE HURTING IN THE AREAS ON HER WRIST WHERE THE HANDCUFFS WERE PLACED ON HER WRISTS WERE HURTING AND ALSO THAT HER SCALP HURT FROM HAVING HER HAIR PULLED BY CLEMONS. SHE ALSO MADE THE COMMENT THAT CLAYTON, WHO IS ALSO A SECURITY GUARD AT THE EL ROHO, HAD THREATENED TO BREAK HER ARM IF SHE DID NOT CEASE RESISTING. I ALSO CONTACTED WITNESS TREVIZO WHO STATED THAT SHE SAW CLEMONS PULLING BARRON BY THE HAIR ACROSS THE DANCE FLOOR BUT WAS UNABLE TO HEAR ANYTHING THAT WAS BEING SAID AND DID NOT SEE ANYTHING THAT HAPPENED OUTSIDE. CLEEMOVE RRON BAR ADVISED ME THATHAT SHEHE HADAD TO TRIEDFTOCIBLY CHOKERANOTHERACUSTOMERM THE AND THAT SHE BECAME VERY VIOLENT AND STARTED RESISTING. HE ALSO STATED THAT HE WAS ATTEMPTING TO PUT THE HANDCUFFS ON HER WHEN SHE BECAME MORE AGITATED AT WHICH TIME HE FORCED HER DOWN TO THE GROUND AND USED HER HAIR AS A LEVERAGE TOOL TO KEEP HER DOWN. HE STATED THAT HE DID PUT THE HANDCUFFS ON HER BUT THOUGHT THAT THEY WERE ON LOOSE ENOUGH THAT THEY WOULDN'T HURT HER. CLEMONS ALSO ADVISED ME THAT HE HAS NOT HAD ANY FORMAL TRAINING IN THE USE OF HANDCUFFS AND WAS TOTALLY UNAWARE OF THE DOUBLE LOCKING MECHANISM TO PREVENT THE HANDCUFFS FROM TIGHTENING. BOTH CLEMONS AND CLAYTON STATED THAT THEY DID NOT GRAB HER BY THE HAIR UNTIL IT BECAME NECESSARY TO CONTROL HER AND THAT WAS AFTER SHE WAS ALREADY AT THE DOOR. BASED ON MY OBSERVATIONS AND THE STATEMENT OF BARRON AND CLEMONS I BELIEVE THAT PROBABLE CAUSE EXISTED AT THIS POINT TO ISSUE A CRIMINAL SUMMONS TO MR. CLEMONS FOR ASSAULT IN THE THIRD DEGREE, TO WIT: THAT HE DID KNOWINGLY AND RECKLESSLY CAUSE BODILY INJURY TO NORMA BARRON BY THE USE OF EXCESSIVE FORCE WHEN APPLYING HANDCUFFS. I HAD PARTIALLY BASED THIS BELIEF ON THE FACT THAT CLEMONS DID NOT KNOW THE ENTIRE SAFETY FEATURES AND USEAGE OF THE HANDCUFFS, IN PARTICULAR THE DOUBLE LOCKING MECHANISM, AND THAT AS A DIRECT RESULT OF HIS LACK OF TRAINING HE DID CAUSE BODILY INJURY WHEN HE PLACED THE HANDCUFFS TOO TIGHT ON TO THE WRIST OF THE VICTIM. AFTER ISSUING THE SUMMONS TO MR. CLEMONS I RELEASED HIM WITHOUT INCIDENT. NO FURTHER ACTION TAKEN AT THIS TIME. 950175 PTXT PAGE NO.0004 GP0827 RM98 10-26-1994 09: 34 WELD COUNTY WC9403410 + + I THIS IS THE END OF THIS REPORT I I I I+ Report Approved By: WC0018 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9403410 1 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC94-3410 Supp Date: 101094 Time: 0500 DEP: WC0076 PROFITT, MARK T Crime/Incident: 3RD DEGREE Original Date Reported: 082194 ASSAULT Case status: CLEARED Victim Name: BARRON, NORMA Connecting case numbers: 94-3409 + + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: 3 PG WRITTEN STATEMENT BRENT CLAYTON IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: NARRATIVE/FACTS: AT APPROXIMATELY 2310 HOURS ON 100994 I RESPONDED TO THE EL ROJO BAR TO CONTACT MR. CLAYTON CONCERNING A WRITTEN STATEMENT THAT HE WISHED TO GIVE IN REGARDS TO THIS CASE. UPON MY CONTACTING MR. CLAYTON, HE THEN GAVE ME A THREE PAGE WRITTEN STATEMENT IN WHICH HE BASICALLY CLAIMED RESPONSIBILITY IN THE INCIDENT, IN THAT HE WAS THE ONE WHO HANDCUFFED THE VICTIM AND TIGHTENED THEM TOO TIGHT FOR HER. STATEMENTS ARE INCLUDED IN WITH THIS SUPPLEMENT. I DID ASK MR. CLAYTON WHY HE FAILED TO SAY ANYTHING TO ME WHEN I ASKED BOTH OF THEM, HIM AND MR. CLEMENS, WHO PUT THE HANDCUFFS ON THE VICTIM, AT WHICH TIME CLEMENS TOLD ME THAT HE DID. MR. CLAYTON SAID THAT HE MISUNDERSTOOD THE QUESTION AND THOUGHT THAT I HAD ASKED WHOSE HANDCUFFS THEY WERE. IN HIS WRITTEN STATEMENT MR. CLAYTON ALSO WAS ASKED WHY IT TOOK HIM SO LONG TO CONTACT US IN REGARDS TO HIS ALLEGED ACTIONS IN THIS CASE, AND AT THE END OF HIS SENTENCE, HE STATES "THE RAW DEAL WAS EVIDENT IMMEDIATELY AND EFFORTS TO EXPLORE LEGAL POSSIBILITIES WERE IMPLEMENTED WITHIN THE FIRST WEEK, NOT FOUR WEEKS LATER BECAUSE WE HAD SOME CHANGES IN OUR STORY" . REQUEST COPIES OF THESE WRITTEN STATEMENTS BE FORWARDED TO DEPUTY DISTRICT ATTORNEY PATRICE ENGLE WHO IS HANDLING THIS CASE. NO FURTHER ACTION TAKEN BY THIS OFFICER. 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:34 WELD COUNTY WC9403410 1 THIS IS THE END OF THIS REPORT Report Approved By: W00018 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:35 WELD COUNTY WC9403409 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-3409 Crime/Incident: HARASSMENT N/C: HARASS F/M: M Addl Offense Date reported : 082194 Time Rpt: 0025 Clearing case # : Connecting cases: WC94-3410 + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 082194 F/T: 0015 Loc: 3101 HY 119 I IT/Date: T/T: Case status: CLEARED IDEP: WC0076 PROFITT, MARK T + CASE STATUS AND MISC DATA (Drugs/Alcohol: Domestic Viol: Evidence/Photos: ( Tot Prop Stolen: Prop Rcvd: Prop Damg: (Extent Injuries : +************************DATA FOR A PERSON INVOLVED AS A: VIC ***+ *Name: CLEMONS, WADE DOB: * *Addr: 8812 FAUN TRL ROAD Phone: 6670070 H/B: H * *City: LOVELAND St: CO Zip: 80537 OLN: OLS: * *Sex: M Rac: W Eth: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: 7763770 * ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: CLAYTON, BRENT E DOB: * *Addr: 2718 BASSWOOD DR Phone: 4660244 H/B: H * *City: DENVER St: CO Zip: 80221 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURTIY Bus Addr: 3101 HY 119 BusTX: 7763770 * * *Addl Desc Info: ** * ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: ELLIS, CHRISI M DOB: * *Addr: 314 COLLYER DR Phone: H/B: * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: F Rac: W Eth: Hgt: Wgt: Hai: Eye: BusTX:S • *Occupation: Bus Addr: * * * *Addl Desc Info: * * -.4}; C . . - ' Use of th into n." tion is regu a(Cdi by LIM 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:35 WELD COUNTY WC9403409 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CIT **** *Name: BARRON, NORMA DOB: * *Addr: 1915 WARREN DR #2 Phone: 6512961 H/B: H * *City: LONGMONT St: CO Zip: OLN: OLS: * *Sex: F Rac: W Eth: Hgt: 508 Wgt: 170 Hai: BRO Eye: BRO SS: * BusTX: * Bus Addr: *Occupation:* CITE/LOCATION/VEHICLE INFORMATION + *Cite# : WC9043 Date: 082194 Time: DR: WC94-3409 DEP: WC0076 * *Location: 3101 HY 119 Accident: * *Lic Number: Lic ST: Lic Yr: VIN: ** *V-yr: V-make: V-model: V-style: V-color: * *Court Date: 102094 Court Time: 0900 *VIOL-1: 189111 HARASSMENT *VIOL-2 : *VIOL-3: *VIOL-4 : * * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: *Charge: 189111 HARASSMENT *F/M: M Is There Addl Chgs : Booking Date: 082194 Book Time: *DUI HAL: BOOK NO: Warrant #: W/ORI : * *Arresting DEP: WC0076 PROFITT, MARK T * : CRM : CITE : BOOK ****************************DATA FOR PERSON INVOLVED AS A: WIT *** *Name: TREVISO, PATRICIA DOB: * *Addr: 19 W 5TH AV Phone: H/B: * *City: LONGMONT St: CO Zip: OLN: OLS: * *Sex: F Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: RECEPTION Bus Addr: LONGMONT CLINIC BusTX: * * * *Addl Desc Info: * * + CRIMINAL CHARGE/PROBABLE CAUSE SUMMARY + : BAR/LIQUOR ESTABLISHMENT. SUSPECT PLACED CHOKE HOLD ON VICTIM ELLIS. ELLIS AND SUSPECT ARE KNOWN TO EACH OTHER. SUSPECT IS UPSET WITH ELLIS DUE TO HER LEAVING A RELATIONSHIP WITH THE SUSPECTS BROTHER. ELLIS DOES NOT WISH TO PROSECUTE. AS SECURITY GUARDS WERE BREAKING UP THE INCIDENT BETWEEN ELLIS AND SUSPECT, THE SUSPECT RESISTED PUNCHING AND KICKING AT BCLTH LAYTONCTIMS.WERE STRUCKHER SEVERALIM TIMESFERED ABOUTITHERY.FACEBOTH AND CHESTMAREA. DUSMMY 950175 PTXT PAGE NO. 0003 GP0827 RM98 10-26-1994 09: 35 WELD COUNTY WC9403409 + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: SUMMONS WC9043 IITEM NO: DESC: ( ITEM NO: DESC: IITEM NO: DESC: + DEPUTIES/OFFICERS ON SCENE AT INCIDENT WC0125 GENOVA, NICHOLAS NARRATIVE/FACTS: AT THE LISTED TIME AND DATE DEPUTY GENOVA AND MYSELF RESPONDED TO THE EL ROHO BAR AT THE LISTED LOCATION ON A ASSAULT THAT HAD JUST OCCURRED. AS I ARRIVED ON SCENE I CONTACTED THE TWO SECURITY GUARDS, MR. CLEMONS AND MR. CLAYTON, WHO ADVISED ME THAT THEY HAD SEEN SUSPECT BARRON PLACE ANOTHER WOMAN IN A CHOKEHOLD AND BEGIN SCREAMING AND YELLING AT HER. AS THEY ATTEMPTED TO BREAK UP THE FIGHT BETWEEN THE TWO FEMALES, SUSPECT BARRON BEGAN HITTING CLEMONS AND CLAYTON WITH A CLOSED FIST AND BEGAN KICKING THEM IN THE LEGS AND TRIED TO KICK THEM IN THE GROIN AREA. MS. TREVIZO, WHO IS A FRIEND OF BARRON' S, SAID THAT SHE DID NOT TRY TO HIT EITHER ONE OF THE SECURITY GUARDS AND THAT THIS WAS A MISUNDERSTANDING. NEITHER OF THE SECURITY GUARDS SUFFERED ANY PHYSICAL INJURY EVEN THOUGH THEY HAD BEEN STRUCK A NUMBER OF TIMES. VICTIM ELLIS REFUSED TO PROSECUTE DUE TO THE FACE THAT SHE IS MOVING OUT OF THE AREA. VICTIM CLEMONS STATED THAT SUSPECT PUNCHED HIM TWICE IN THE SIDE AND THAT HE WAS ABLE TO FORCE HER TO THE GROUND AND HELD HER DOWN BY HER HAIR WHILE HE CUFFED HER. CLAYTON STATED THAT HE TRIED TO RESTRAIN THE SUBJECT INSIDE THE BUILDING AND WAS STRUCK IN THE JAW WITH HER CLOSED FIST. HOWEVER HE DID NOT COMPLAIN OF ANY INJURY. HE ALSO STATED AS THEY WERE TAKING HER OUT OF THE BAR SHE BEGAN KICKING AT THEM. I CONTACTED THE SUSPECT AND ADVISED HER THAT I WOULD BE ISSUING HER A SUMMONS AND COMPLAINT FOR HARRASSMENT, TO WIT: SHE DID WITH INTENT TO ALARM THE VICTIMS DID UNLAWFULLY SAID VICTIMS OR SUBJECT THEM TO PHYSICAL CONTACT. I WISH TO FILE A COUNTER REPORT ALLEGING THE FACT THAT SHE WAS ASSAULTED BY CLEMONS WHEN HE HANDCUFFED HER. SEE CASE REPORT NUMBER WC94-3410 FOR FURTHER INFORMATION ON THE ASSAULT. NO FURTHER ACTION TAKEN. THIS IS THE END OF THIS REPORT 950175 PTXT PAGE NO.0004 GP0827 RM98 10-26-1994 09 : 35 WELD COUNTY WC9403409 Report Approved By: WC0018 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 35 WELD COUNTY WC9403409 1 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# 01 FOR CASE# WC94-3409 Supp Date: 082294 Time: 1310 DEP: WC0092 WAGONER, PETER Crime/Incident: HARASSMENT Original Date Reported: 082194 Case status: CLEARED Victim Name: Connecting case numbers : + + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: S47275 ( ITEM NO: 2 DESC: PHOTO LOG ITEM NO: DESC: ( ITEM NO: DESC: PROPERTY THAT IS INVOLVED AS: EVD ---+ (Date: 082294 Item# : 1 Tag#: S47275 Store at: Pieces: 1 'Bra: Mod: Ser: IDesc: ROLL OF FILM 'DEP : WC0092 Val: Cat: X Art: FILM Mak: T-Cat: Cal: IOAN: Rcvd-Date: R-Val: NARRATIVE/FACTS: ON 082294 , AT ABOUT 1200 HOURS, ONE OF THE SUBJECTS INVOLVED IN THIS CASE, NORMA BARRON, CAME INTO THE SHERIFF' S OFFICE REQUESTING PHOTOGRAPHS OF INJURIES SUSTAINED. MS. BARRON EXPLAINED THAT SHE HAD LONGMONTASSAULTED WELDYCOUNTY, AND GUARDS WANTEDTPICTURES ROHO THEBAR INJURIES. MS. OF SIDE BARRON SAID THAT SHE DID FILE ASSAULT CHARGES AGAINST THE SECURITY GUARDS WITH SHERIFF' S DEPUTIES ON SCENE. I DID PHOTOGRAPH THE LEFT WRIST OF THE VICTIM, WHICH SHE SAID WAS BRUISED WITH THE HANDCUFFS THAT THE SECURITY GUARDS PUT ON HER, I ALSO PHOTOGRAPHED A BRUISE ON HER LEFT UPPER ARM AND ALSO ES SUSTAINED WERE ALL ON H LEFT I DE O CHIN.F HER THE ATTRIBUTEDTOABUSEBYTHESECURITYGUARDSATNTHEIEL ROHO BAR. I SUBMITTED THE ROLL OF FILM TAKEN INTO EVIDENCE AT THE GPD. NOTHING FOLLOWS. 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:35 WELD COUNTY WC9403409 1 THIS IS THE END OF THIS REPORT + 1 Report Approved By: WC0018 950175 PTXT PAGE NO. 0001 GP0827 RM98 10-26-1994 09 : 35 WELD COUNTY WC9403552 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-3552 Crime/Incident: CRIMINAL TRESPASS/AUTO N/C: AUTOPR F/M: F Addl Offense Date reported : 082894 Time Rpt: 0130 Clearing case #: Connecting cases: + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 082794 F/T: 2100 Loc: 3101 HWY 119, LONGMONT I IT/Date: 082894 T/T: 0115 Case status: OPEN 'DEP: WC0113 ESCH, WILLIAM + CASE STATUS AND MISC DATA 'Drugs/Alcohol: Domestic Viol: Evidence/Photos: I 'Tot Prop Stolen: 1000 Prop Rcvd: Prop Damg: II 'Extent Injuries : +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: CAMPOS, MATIAS DOB: * *Addr: 208 LONGSPEAK Phone: 6788844 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: U362915 OLS: CO* * *Sex: M Rac: H Eth: H BusTX: * *Occupation: Bus Addr: ****************************DATA FOR PERSON INVOLVED AS A: SUSPECT *** *Name: VASQUEZ, UEZ, MICHAEL DOB: * *Addr: 1983 WCR 17 Phone: 6370872 H/B: H * *City: BRIGHTON St: CO Zip: 80601 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 504 Wgt: 105 Hai: BRO Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: * * + SYNOPSIS OR NARRATIVE + : ENTRY INTO THE VEHICLE WAS MADE WHILE PARKED IN FRONT OF THE EL ROJO BAR DURING NIGHTTIME BUSINESS HOURS. THERE WAS NO SIGN OF FORCED ENTRY, AND ENTRY WAS PROBABLY MADE BY WAY OF A KEY. THE VICTIM STATED THAT HE HAS KNOWN THE SUSPECT FOR JUST ONE DAY AND THAT HE ALLOWED THE SUSPECT TO DRIVE SOME GIRLFRIENDS HOME THE EVENING OF 082694 . THE VICTIM IS CERTAIN HE LOCKED HIS VEHICLE UP, BECAUSE HE KNEW THE SUSPECT HAD A SET OF KEYS BELONGING TO THE VEHICLE AND COULD POSSIBLY ENTER THE VEHICLE. NOTE: THE VEHICLE WAS PARKED IN FRONT OF THE BUSINESS IN A LIGHTED AREA. Ai :.;c use of b4..' t nC',orn. irtion .. is regLd? .. i b'y LAW 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:35 WELD COUNTY WC9403552 + PROPERTY THAT IS INVOLVED AS: STOLEN --- 'Date: 082894 Item#: 1 Tag#: Store at: IBra: Mod: Ser: Pieces: 1 IDesc: STEREO IDEP : WC0113 Val: 1000 Cat: R Art: STEREO Mak: T-Cat: Cal: IOAN: Rcvd-Date: R-Val: + DATA REGARDING A VEHICLE INVOLVED AS A: VICTIM --- Date: 082894 Lic: MAB5519 LIS: CO LIY: 94 LIT: PC Vyr : 79 Vma: CHEV Vmo: Vst: 4D Vco: BLU Val: DEP: WC0113 VIN: 1N69G9J273102 Stored: Modif: Tow: Type: Cond: Interior: 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: OWNER **** *Name: CAMPOS, MATIAS DOB: Sex: M Rac: H *Addr: 208 LONGSPEAK Phone: 6788844 H/B: H *City: LONGMONT St: CO Zip: 80501OLN: U362915 OLS: CO NARRATIVE/FACTS: I WAS DISPATCHED TO THE EL ROJO BAR TO TAKE THE REPORT OF A COLD CRIMINAL TRESPASS TO MOTOR VEHICLE. UPON ARRIVAL, I CONTACTED THE SUSPECT WHO ADVISED ME THAT HE WAS SUSPECTED OF TAKING A STEREO OUT OF A VEHICLE AND THAT HE HAD HAD NOTHING TO DO WITH IT. THE SUSPECT STATED THAT THE REGISTERED OWNER HAD GIVEN HIM THE KEYS THE PREVIOUS NIGHT SO THAT HE COULD DRIVE THE REGISTERED OWNER TO HIS GIRLFRIEND' S HOUSE BECAUSE, ACCORDING TO THE SUSPECT, THE REGISTERED OWNER WAS TOO DRUNK TO DRIVE. I NEXT CONTACTED THE REGISTERED OWNER WHO TOLD ME THAT HE HAD PARKED HIS VEHICLE IN FRONT OF THE EL ROJO BAR, AND THAT HE AND HIS PASSENGER HAD MADE CERTAIN THAT ALL DOORS WERE LOCKED BECAUSE HE KNEW THAT THE SUSPECT HAD A SET OF KEYS BELONGING TO HIS VEHICLE. THE REGISTERED OWNER STATED THAT THERE WAS A JACKET BELONGING TO THE SUSPECT ON THE BACK SEAT OF THE VEHICLE. THE REGISTERED OWNER/VICTIM STATED THAT HE PARKED HIS VEHICLE AT APPROXIMATELY 2100 HOURS, AND RETURNED TO THE VEHICLE AT APPROXIMATELY 0115 HOURS. IT WAS UPON RETURNING TO THE VEHICLE AT 0115 HOURS, THAT HE NOTICED THE RADIO WAS MISSING. THE VICTIM CONFRONTED THE SUSPECT AND TOLD HIM HE SUSPECTED HIM OF TAKING HIS RADIO, AT WHICH POINT THE SUSPECT DENIED ANY INVOLVEMENT AT ALL. THE SUSPECT WAS WANTING TO LEAVE WITH SOME FRIENDS UPON MY ARRIVAL, AND SAID THAT I COULD EXAMINE THE VEHICLE HE WAS LEAVING IN. AN EXAMINATION OF THE INTERIOR OF THE SUSPECT' S VEHICLE AND TRUNK AREA DID NOT REVEAL A STOLEN STEREO. THE SUSPECT WAS ALLOWED TO LEAVE AFTER PROVIDING NAME, 950175 PTXT PAGE NO.0003 GP0827 RM98 10-26-1994 09 :35 WELD COUNTY WC9403552 ADDRESS AND PHONE NUMBER. NOTE: THE SUSPECT' S MOTHER WAS ALSO ON SCENE AT THE TIME AND SAID THAT SHE DID NOT THINK HER SON HAD DONE THIS. I PROVIDED THE VICTIM WITH THE CASE REPORT NUMBER AND TOLD HIM TO CONTACT ME WHEN HE WAS ABLE TO FIND OUT A NAME BRAND AND OTHER ADDITIONAL INFORMATION REGARDING THE STEREO. WHEN I CHECKED WITH RECORDS, AT A LATER TIME, I DISCOVERED THAT THE SUSPECT, MICHAEL VASQUEZ, ALSO KNOWN AS JUNIOR VASQUEZ, DATE OF BIRTH , HAD AN OUTSTANDING WARRANT FOR BOULDER FOR FAILURE TO APPEAR ON PROBATION VIOLATION OF FIRST DEGREE CRIMINAL TRESPASS. THE INFORMATION ON THE SUSPECT DID NOT MATCH AS IT WAS AN OLD WARRANT. THE OLD WARRANT WAS WARRANT #88JV877 AND IS STILL ACTIVE. REQUEST FOLLOW UP OFFICER CONTACT THE SUSPECT AT HIS RESIDENCE AND ARREST HIM FOR THE OUTSTANDING WARRANT, AND ALSO ASK HIM IF HE IS WILLING TO TAKE A LIE DETECTOR TEST IN REGARDS TO THE STOLEN STEREO. NO FURTHER ACTION TAKEN BY THIS OFFICER AT THIS TIME. THIS IS THE END OF THIS REPORT Report Approved By: WC0016 WORKMAN, ROBERT J 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:35 WELD COUNTY WC9403684 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-3684 Crime/Incident: THEFT OF MOTOR VEHICLE N/C: SVEH F/M: Addl Offense F/M: Date reported : 090594 Time Rpt: 0425 Clearing case #: Connecting cases: + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 090494 F/T: 2100 Loc: 3101 HWY 119, LONGMONT IT/Date: 090594 T/T: 0130 Case status: INACTIVATED 'DEP: WC0113 ESCH, WILLIAM + CASE STATUS AND MISC DATA 'Drugs/Alcohol: Domestic Viol: Evidence/Photos: I 'Tot Prop Stolen: 750 Prop Rcvd: Prop Damg: 'Extent Injuries: +************************DATA FOR A PERSON INVOLVED AS A: REP ***+ *Name: FLORES-ARVIZO, MANUEL DOB: * *Addr: 838 S BOWEN ST Phone: 6781338 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: ID941640527 OLS: CO* *Sex: M Rac: H Eth: H * BusTX: *Occupation: Bus Addr: ****************************DATA FOR PERSON INVOLVED AS A: VICTIM *** *Name: FLORES-ARVIZO, SANTIAGO DOB: * *Addr: 838 S BOWEN ST Phone: 6781338 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: BusTX:SS• *Occupation: Bus Addr: * * * *Addl Desc Info: * * + SYNOPSIS OR NARRATIVE + : REPORTING PARTY ADVISED THAT HE PARKED HIS BROTHER' S VEHICLE IN THE PARKING LOT OF THE EL ROJO BAR AT APPROXIMATELY NINE P.M. REPORTING PARTY STATED THAT HE LOCKED THE VEHICLE AND WENT INSIDE TO DANCE. REPORTING PARTY STATED THAT WHEN HE LEFT AT APPROXIMATELY 1:30 IN THE MORNING, THE VEHICLE WAS GONE, AND HE HAS NO IDEA WHERE THE VEHICLE WENT. THE REPORTING PARTY, WHEN CONTACTED, STILL HAD THE KEYS TO THE VEHICLE ON HIS PERSON AND DOES NOT KNOW OF ANOTHER SET OF KEYS BELONGING TO THE VEHICLE. VEHICLE WAS TAKEN FROM THE BACK PARKING LOT OF THE EL ROJO WHICH IS S4. ..... Use of ;.7 , :.nE *ion is re ' , I > V 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 35 WELD COUNTY WC9403684 POORLY LIGHTED AND HAS A LARGE NUMBER OF PEOPLE COMING IN AND OUT OF THE PARKING LOT AT ALL TIMES OF THE NIGHT. REPORTING PARTY WAS ADVISED THAT WITHOUT ADDITIONAL INFORMATION, THE CASE WOULD PROBABLY BE FILED INACTIVE. REPORTING PARTY WAS ASKED TO CALL THE SHERIFF' S OFFICE IF HE FINDS HIS VEHICLE OR FINDS OUT WHO MAY HAVE TAKEN IT. NO FURTHER ACTION AT THIS TIME. + DATA REGARDING A VEHICLE INVOLVED AS A: STOLEN ---+ Date: 090594 Lic: 2933JG LIS: CO LIY: 95 LIT: TK Vyr : 76 Vma: CHEV Vmo: TK Vst: PK Vco: WHI/BLU Val: VIN: CCL146F313030 Stored: DEP: WC0113 Tow: Type: Cond: Interior: Modif: Wheels : Windows : Tire-pat: Spc-feat: Exterior: Damage: Lts-out: #Occ: Ign locked: Doors locked: Y Key in car: N Paymts curr: Weapons: *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: OWNER **** *Name: FLORES, SANTIAGO DOB: Sex: M Rac: H *Addy: 838 S BOWEN ST Phone: 6781338 H/B: H * *City: LONGMONT St: CO Zip: 80501OLN: OLS: 1 1 1 THIS IS THE END OF THIS REPORT Report Approved By: WC0016 WORKMAN, ROBERT J 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09: 35 WELD COUNTY WC9403761 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-3761 Crime/Incident: 3RD DEGREE ASSAULT N/C: ASLTS F/M: M Addl Offense : DISORDERLY CONDUCT F/M: M Date reported : 091094 Time Rpt: 0005 Clearing case # : Connecting cases : WC94-3763 + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 091094 F/T: 0001 Loc: 3101 HY 119 IT/Date: 091094 T/T: 0005 Case status: CLEARED 'DEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA (Drugs/Alcohol: Y Domestic Viol: Evidence/Photos: ITot Prop Stolen: Prop Rcvd: Prop Damg: (Extent Injuries : NO VISIBLE INJURY, PAIN IN LEGS AND ARMS +************************DATA FOR A PERSON INVOLVED AS A: VIC ***+ *Name: CLAYTON, BRENT DOB: *Addr: 2781 BASSWOOD DR Phone: 4660244 H/B: H * *City: DENVER St: CO Zip: 80221 OLN: OLS: * *Sex: M Rac: W Eth: *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: 7763770 * ****************************DATA FOR PERSON INVOLVED AS A: REP *** *Name: CHAVEZ , HELEN DOB: *Addr: 3101 HY 119 Phone: 7760172 H/B: H * *City: LONGMONT St: CO Zip: 80504 OLN: OLS: * *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: OWNER Bus Addr: 3101 HY 119 BusTX: 7763770 * * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: WIT *** *Name: CLEMMONS, WADE DOB: *Addr: 8812 FAWN TRAIL Phone: 6670070 H/B: H * *City: LOVELAND St: CO Zip: 80537 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: 7763770 * * * *Addl Desc Info: * COPY Use of thk information is regulated by LAW 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 : 35 WELD COUNTY WC9403761 ****************************DATA FOR PERSON INVOLVED AS A: WIT *** *Name: MORENO, OSCAR DOB: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: * * * *Addl Desc Info: LIVES IN PLATTEVILLE * * ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: MORENO, RENEE L DOB: * *Addr: 306 PIERCE ST Phone: 7850554 H/B: H * *City: PLATTEVILLE St: CO Zip: OLN: OLS: * *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: HOUSEWIFE Bus Addr: BusTX: * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: ARRITOLA, AUGUSTINE V DOB: * *Addr: 319 NATIONAL DR #9 Phone: 6829197 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CIT **** *Name: ARRIOTOLA-VASQUEZ, JUAN D DOB: * *Addr: 319 NATIONAL #9 Phone: 6829197 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 505 Wgt: 160 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite# : WC9036 Date: 091094 Time: 0005 DR: WC94-3761 DEP: WC0076 * *Location: 3101 HY 119 Accident: N * *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V-make: V-model: V-style: V-color: * *Court Date: 111094 Court Time: 0900 * *VIOL-1 : 183204 ASSAULT IN THE THIRD DEGREE *VIOL-2 : 189106 DISORDERLY CONDUCT *VIOL-3: *VIOL-4 : * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 183204 ASSAULT IN THE THIRD DEGREE 950175 PTXT PAGE NO.0003 GP0827 RM98 10-26-1994 09:35 WELD COUNTY WC9403761 *F/M: M Is There Addl Chgs: Y Booking Date: 091094 Book Time: 0005 * *DUI BAL: BOOK NO: Warrant # : W/ORI : * *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK + ADDITIONAL CHARGE DATA + IChg: 189106 DISORDERLY CONDUCT IF/M: M Cite# : WC9036 Warrant# : War/ORI: + ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CIT **** *Name: RIOS, JUAN DOB: * *Addr: 2253 DEXTER #205 Phone: H/B: * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 500 Wgt: 150 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: WC9047 Date: 091094 Time: 0005 DR: WC94-3761 DEP: WC0076 * *Location: 3101 HY 119 Accident: N * *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V-make: V-model: V-style: V-color: * *Court Date: 111094 Court Time: 0900 * *VIOL-1: 189106 DISORDERLY CONDUCT *VIOL-2 : 183204 ASSAULT IN THE THIRD DEGREE *VIOL-3 : *VIOL-4 : * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: Y Booking Date: 091094 Book Time: 0005 * *DUI BAL: BOOK NO: Warrant # : W/ORI : * *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK + ADDITIONAL CHARGE DATA + IChg: 183204 ASSAULT IN THE THIRD DEGREE IF/M: M Cite#: WC9047 Warrant# : War/ORI : + 950175 PTXT PAGE NO.0004 GP0827 RM98 10-26-1994 09: 35 WELD COUNTY WC9403761 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CIT **** *Name: ARRITOLA, JOSE ANGEL DOB: 100265 * *Addr: 2253 DEXTER #202 Phone: 6829197 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: A8940280 OLS: CA* *Sex: M Rac: H Eth: H Hgt: 506 Wgt: 164 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite# : WC9045 Date: 091094 Time: 0005 DR: WC94-3761 DEP: WC0076 * *Location: 3101 HY 119 Accident: N * *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V-make: V-model: V-style: V-color: * *Court Date: 111094 Court Time: 0900 * *VIOL-1: 189106 DISORDERLY CONDUCT *VIOL-2 : 183204 ASSAULT IN THE THIRD DEGREE *VIOL-3 : *VIOL-4 : * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: Y Booking Date: 091094 Book Time: 0005 * *DUI BAL: BOOK NO: Warrant # : W/ORI : * *Arresting DEP: WC0076 PROFITT, MARK T * : CRM : CITE : BOOK + ADDITIONAL CHARGE DATA + IChg: 183204 ASSAULT IN THE THIRD DEGREE War/ORI : IF/M: M Cite* : WC9045 Warrant# : + ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CIT **** *Name: ARRITOLA, ANASTASIO DOB: * *Addr: 23RD/COLLYER #202 Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite# : WC106 Date: 091094 Time: 0005 DR: WC94-3761 DEP: WC0076 * *Location: 3101 HY 119 Accident: N * *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V-make: V-model: V-style: V-color: * *Court Date: 111094 Court Time: 0900 * *VIOL-1 : 189106 DISORDERLY CONDUCT *VIOL-2 : 183204 ASSAULT IN THE THIRD DEGREE *VIOL-3: *VIOL-4 : * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: Y Booking Date: 091094 Book Time: 0005 * *DUI BAL: BOOK NO: Warrant # : W/ORI: * *Arresting DEP: WC0076 PROFITT, MARK T 950175 PTXT PAGE NO.0005 GP0827 RM98 10-26-1994 09 :35 WELD COUNTY WC9403761 *: CRM : CITE : BOOK + ADDITIONAL CHARGE DATA + IChg: 183204 ASSAULT IN THE THIRD DEGREE IF/M: M Cite# : WC106 Warrant# : War/ORI: t CRIMINAL CHARGE/PROBABLE CAUSE SUMMARY t : SUSPECTS INVOLVED IN ALTERCATION WITH SECURITY GUARDS AT THE EL ROJO BAR. NIGHT TIME, RURAL PARKING LOT. CLEAR SKY, LIGHTED PARKING LOT. DRY PAVEMENT. SUSPECTS ALSO CAUSED BODILY INJURY TO VICTIM AS THEY TRIED TO FORCE THEIR WAY INTO THE BAR. MINOR INJURIES + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: SUMMONS WC9036, WC9047, WC9045, WC106 1 ( ITEM NO: DESC: 1 ( ITEM NO: DESC: 1 ( ITEM NO: DESC: 1 + DEPUTIES/OFFICERS ON SCENE AT INCIDENT t WC0051 FOURNIER, JOHN A WC0125 GENOVA, NICHOLAS WC0052 RUSHING, CLINTON B NARRATIVE/FACTS: AT THE LISTED TIME AND DATE, I RESPONDED TO THE EL ROJO BAR ON A REPORT OF A FIGHT IN PROGRESS. WITH THE INFORMATION PROVIDED, I REQUESTED THAT DEPUTY FOURNIER RESPOND AS COVER. UPON MY ARRIVAL, I OBSERVED APPROXIMATELY 30 PEOPLE STANDING JUST OUTSIDE THE FRONT DOOR OF THE BAR AND OBSERVED A NUMBER OF THEM YELLING AND SCREAMING AT SOMEBODY. AS I PULLED INTO THE PARKING LOT, I SAW AN INDIVIDUAL WALKING BETWEEN TWO CARS WITH BLOOD ON HIS FACE. I REQUESTED THAT DEPUTY FOURNIER AND ANY OTHER UNIT AVAILABLE, RESPOND CODE THREE, AS I HAD QUITE A CROWD AND WAS NOT SURE EXACTLY WHAT I HAD AT THAT POINT. AFTER THE ARRIVAL OF THE OTHER DEPUTIES, WE WERE ABLE TO SECURE THE AREA AND DETERMINE THAT JUST PRIOR TO THE INCIDENT, ANASTASIO ARRITOLA, HAD BEEN TRYING TO PICK UP SUBJECT, ONE MORENO, INSIDE THE BAR. SUSPECT ANASTASIO ARRITOLA ALLEGEDLY PINCHED HER BEHIND AT WHICH POINT RENEE MORENO' S HUSBAND BECAME UPSET AND STARTED TO FIGHT. HOWEVER, THE SECURITY GUARDS INTERVENED PRIOR TO ANY FIGHT TAKING PLACE, AND ESCORTED THE FOUR LISTED SUSPECTS FROM THE BAR. ONCE OUTSIDE THE BAR, THE FOUR SUSPECTS BECAME BELLIGERENT TOWARDS THE SECURITY PERSONNEL AT THE BAR, 950175 PTXT PAGE NO.0006 GP0827 RM98 10-26-1994 09: 35 WELD COUNTY WC9403761 AND WHEN VICTIM CLAYTON' S BACK WAS TURNED, AN UNKNOWN SUSPECT TOOK A SWING AT HIM AND THEN TRIED TO FORCE THEIR WAY BACK INTO THE BAR. DURING THE ENSUING DISTURBANCE, THE VICTIM, BRENT CLAYTON, WAS GRABBED BY THE SUSPECTS AT WHICH POINT THEY TRIED TO PULL HIM FROM THE BAR. VICTIM CLAYTON SAID THAT THE SUSPECTS HAD KICKED HIM IN THE LEGS AND WERE PULLING AT HIS ARMS AND DURING THIS, HE DID FEEL PAIN IN HIS LEGS FROM THE KICKS. HE STATED THAT HE WAS ABLE TO GET THEM AWAY FROM HIM BY USING HIS FLASHLIGHT AND THAT HE DID SPRAY MACE AT THE SUSPECTS, HOWEVER; SUBJECT THREE, AUGUSTINE ARRITOLA, WHO WAS NOT. ACTUALLY INVOLVED IN THE DISTURBANCE, CAUGHT THE FULL BRUNT OF THE MACE. DUE TO THE FACT THAT THE FOUR SUSPECTS WERE INJURED (REFER TO CASE REPORT NUMBER WC94-3763 ) I CONTACTED PARAMEDICS AND FIRE PERSONNEL TO RESPOND TO ADMINISTER FIRST AID TO THE FOUR SUSPECTS AND TO THE ONE SUBJECT WHO WAS MACED. THE SUSPECTS WERE TRANSPORTED TO LONGMONT' S UNITED HOSPITAL AND TREATED FOR THEIR INJURIES, ALONG WITH AUGUSTINE ARRITOLA. AFTER OBTAINING STATEMENTS FROM DEPUTY FOURNIER WHO HAD TALKED WITH VICTIM CLAYTON AND WITNESS CLEMMONS AND WITNESS TWO, MORENO, I RESPONDED TO THE LONGMONT UNITED HOSPITAL WHERE I ISSUED SUMMONSES FOR THE FOUR SUSPECTS FOR THIRD DEGREE ASSAULT AND DISORDERLY CONDUCT. THE SUMMONSES WERE ISSUED BASED ON THE FACT THAT THE SUSPECTS HAD CAUSED BODILY INJURY TO VICTIM CLAYTON BY KICKING HIM AND CAUSING HIM TO FEEL PAIN, AND THAT THEY ALSO ENGAGED IN A PHYSICAL FIGHT IN A PUBLIC PLACE, TO WIT; THE EL ROJO BAR. AFTER THE FOUR PARTIES SIGNED THEIR SUMMONSES, I THEN DEPARTED THE HOSPITAL WITHOUT FURTHER INCIDENT. CHARGES ARE GOING TO BE FILED ON VICTIM CLAYTON FOR HIS PART IN THIS ALTERCATION. FOR FURTHER INFORMATION CONCERNING CHARGES ON HIM, REFER TO THE CONNECTING CASE REPORT NUMBER. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: WC0030 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 36 WELD COUNTY WC9403761 1 + + WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC94-3761 I 1 Supp Date: 091094 Time: 0105 DEP: WC0125 GENOVA, NICHOLAS 1 Crime/Incident: ASSAULT Original Date Reported: 091094 I DISORDERLY CONDUCT I Case status: OPEN 1 Victim Name: STATE OF COLORADO I 1 Connecting case numbers: 1 + + NARRATIVE/FACTS: ON 091094 AT APPROXIMATELY 000 HOURS, I WAS DISPATCHED TO THE EL ROJO, 3101 HIGHWAY 119, ON A REPORT OF A FIGHT IN PROGRESS. I ARRIVED ON SCENE WITH DEPUTY PROFITT AND DEPUTY FOURNIER. WHILE ON SCENE, AT THE REQUEST OF DEPUTY PROFITT, I RAN CLEARANCES ON THE FIVE COMBATANTS INVOLVED. ADDITIONALLY, I ISSUED ONE SUMMONS TO AN ANASTASIO ARRITOLA REFERENCE HIS INVOLVEMENT IN THE THIRD DEGREE ASSAULT WITH DISORDERLY CONDUCT. NO FURTHER ACTION TAKEN BY THIS OFFICER AT THIS TIME. + + 1 1 1 THIS IS THE END OF THIS REPORT I 1 1 + + Report Approved By: WC0030 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 :36 WELD COUNTY WC9403761 2 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 02 FOR CASE# : WC94-3761 1 1 Supp Date: 091094 Time: 0300 DEP: WC0051 FOURNIER, JOHN A Crime/Incident: DISORDERLY Original Date Reported: 091094 1 1 Case status: CLEARED Victim Name: CLAYTON, BRENT 1 Connecting case numbers: 1 NARRATIVE/FACTS: I RESPONDED TO THE EL ROJO BAR LOCATED AT 3101 HIGHWAY 119, LONGMONT, WELD COUNTY, COLORADO ON A REPORT OF A FIGHT IN PROGRESS. MY RESPONSE WAS AS BACK UP OFFICER TO DEPUTY PROFITT WHO WAS THE FIRST OFFICER ON SCENE. UPON ARRIVAL, ALL PARTIES WERE SEPARATED. I REQUESTED THE PARAMEDICS DUE TO INJURIES ON SEVERAL OF THE SUSPECTS, AND AT DEPUTY PROFITT'S REQUEST, I ALSO CONTACTED THE SECURITY GUARDS AT THE EL ROJO. I FIRST TALKED TO BRENT CLAYTON, DATE OF BIRTH VICTIM CLAYTON STATED THAT HE AND OTHER SECURITY GUARDS HAD BROKEN UP AN ALTERCATION LOCATED TOWARDS THE BACK OF THE BAR, WHICH INVOLVED SOME OF THE SUSPECTS IN THIS CASE. THEY GOT THE SUSPECTS OUTSIDE, AND SUSPECTS WERE INITIALLY REFUSING TO LEAVE. MR. CLAYTON STATED THAT HE TURNED HIS HEAD TO THE SIDE AND AT THAT POINT, THE SUSPECTS RUSHED PAST THE DOORMAN AND BEGAN TO ASSAULT HIM. MR. CLAYTON STATED THAT IN ORDER TO DEFEND HIMSELF, HE HAD TO TAKE HIS FOUR CELL FLASHLIGHT AND BEGAN SWINGING IT BACK AND FORTH IN AN EFFORT TO KEEP SUSPECTS FROM CAUSING BODILY INJURY TO HIM. VICTIM CLAYTON STATED THAT THERE WERE APPROXIMATELY THREE TO FOUR INDIVIDUALS WHO WERE ATTEMPTING TO ASSAULT HIM AT THE TIME THAT THIS TOOK PLACE. VICTIM CLAYTON STATED HE GOT THE SUSPECTS BACK OUTSIDE, AT WHICH POINT THEY ATTEMPTED TO COME IN AGAIN, AND AT THAT TIME, HE TOOK OUT HIS PEPPER MACE AND DID SPRAY MACE IN AN EFFORT TO DISPERSE THE SUSPECTS. I THEN TALKED TO WITNESS WADE CLEMONS. WITNESS CLEMONS GAVE THE SAME BASIC STATEMENT AS CLAYTON DID. WITNESS CLEMONS STATED THAT HE WAS IN A DIFFERENT PART OF THE BAR WHEN THE SUSPECTS FORCED THEIR WAY BACK IN AND HE DID NOT SEE THE ENCOUNTER INITIALLY TAKE PLACE AFTER THE SUSPECTS RE-ENTRY INTO THE BAR. WITNESS CLEMONS STATED THAT HE FELT THAT THE VICTIM BRENT CLAYTON WAS IN DANGER OF BODILY INJURY AND IT WAS NECESSARY TO USE FORCE IN ORDER TO GET THE SUSPECTS BACK OUTSIDE. I THEN CONTACTED WITNESS OSCAR MORENO. WITNESS MORENO STATED THAT HE 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09 :36 WELD COUNTY WC9403761 2 WAS THE DOORMAN. HE DID NOT SEE THE ENCOUNTER THAT TOOK PLACE INITIALLY IN THE BACK OF THE BAR, HE DID, HOWEVER, SEE OTHER SECURITY GUARDS ESCORT THE SUSPECTS OUT. SUSPECTS THEN RUSHED PAST HIM, AT WHICH POINT ONE OF THE SUSPECTS DID STRIKE WITNESS MORENO, WHO DID NOT SUFFER ANY INJURY. WITNESS MORENO STATED THAT THE SUSPECTS APPROACHED AND BEGAN SWINGING AT CLAYTON. CLAYTON DID USE HIS FLASHLIGHT AND DID STRIKE SEVERAL OF THE SUSPECTS TO FORCE THEM BACK OUTSIDE, AND AT THAT POINT WHEN SUSPECTS WERE REFUSING TO LEAVE AND WERE ATTEMPTING TO RE-ENTER THE BAR, DID TAKE OUT HIS MACE AND DID USE IT ON THE SUSPECTS. I THEN WENT TO LONGMONT UNITED HOSPITAL WHERE THREE OF THE SUSPECTS HAD BEEN TAKEN, DID OBTAIN INFORMATION FROM THE DOCTOR FOR DEPUTY PROFITT' S REPORT, AND DID ADVISE THE SUSPECTS AT THE HOSPITAL AS TO WHAT CHARGES WOULD BE BROUGHT AGAINST THEM, THAT BEING THE CHARGES OF DISORDERLY CONDUCT, AS WELL AS THIRD DEGREE ASSAULT. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT II Report Approved By: WC0030 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09:37 WELD COUNTY WC9403763 + WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-3763 Crime/Incident: 2ND DEGREE ASSAULT N/C: ASLTA F/M: F Addl Offense Date reported : 091094 Time Rpt: 0005 Clearing case # : Connecting cases: WC94-3761 + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 091094 F/T: 0001 Loc: 3101 HY 119 I IT/Date: 091094 T/T: 0005 Case status: FEL SUM REQUESTED IDEP: WC0076 PROFITT, MARK T + CASE STATUS AND MISC DATA (Drugs/Alcohol: Y Domestic Viol: Evidence/Photos: ITot Prop Stolen: Prop Rcvd: Prop Damg: I (Extent Injuries: TWO CUTS ON LOWER LIP, SWOLLEN LIP, SPLIT GUM I +************************DATA FOR A PERSON INVOLVED AS A: VIC ***+ *Name: ARRITOLA ANASTASIO DOB: * *Addr: 2253 DEXTER DR #202 Phone: H/B: * *City: LONGMONT St: CO Zip: 80501 OLN: 41041102122 OLS: TX* *Sex: M Rac: H Eth: H BusTX: * *Occupation: Bus Addr: ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: ARRITOLA, JOSE A DOB: * *Addr: 2253 DEXTER DR #205 Phone: 6829197 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: A8940280 OLS: CA* *Sex: M Rac: H Eth: H Hgt: 506 Wgt: 164 Hai: BLK Eye: BRO SS: ** *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: ONE AND 3/4 INCH LACERATION ON BACK OF HEAD * * ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: ARRITOLA, JOSE A DOB: * *Addr: 2253 DEXTER DR #205 Phone: 6829197 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: A8940280 OLS: CA* *Sex: M Rac: H Eth: H Hgt: 506 Wgt: 164 Hai: BLK Eye: BRO SS: * * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: ONE AND 3/4 INCH LACERATION ON BACK OF HEAD * * fiM COPY Use of this information is regulated by LAW 950175 PTXT PAGE NO. 0002 GP0827 RM98 10-26-1994 09:37 WELD COUNTY WC9403763 ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: RIOS, JESUS A DOB: * *Addr: 2253 DEXTER DR #205 Phone: 6829197 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 500 Wgt: 150 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: TWO AND A HALF INCH LACERATION ON LEFT SIDE OF HEAD * * ABOVE LEFT EAR * ****************************DATA FOR PERSON INVOLVED AS A: VIC *** *Name: VASQUEZ, JUAN D DOB: * *Addr: 319 NATIONAL DR #9 Phone: 6829197 H/B: M * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: 505 Wgt: 160 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: 3 LACERATIONS ON BACK, LEFT ELBOW SWOLLEN AND BRUISED * * LEFT SHOULDER INJURED * ****************************DATA FOR PERSON INVOLVED AS A: SUS *** *Name: CLAYTON, BRENT DOB: * *Addr: 2781 BASSWOOD DR Phone: 4660244 H/B: H * *City: DENVER St: CO Zip: 80221 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: 7763770 * * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: WIT *** *Name: CLEMMONS, WADE DOB: 041271 * *Addr: 8812 FAWN TRAIL Phone: 6670070 H/B: H * *City: LOVELAND St: CO Zip: 80537 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: 7763770 * * * *Addl Desc Info: * * 950175 PTXT PAGE NO. 0003 GP0827 RM98 10-26-1994 09:37 WELD COUNTY WC9403763 ****************************DATA FOR PERSON INVOLVED AS A: WIT *** *Name: MORENO, OSCAR DOB: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY Bus Addr: 3101 HY 119 BusTX: 7763770 * * * *Addl Desc Info: LIVES IN PLATTEVILLE * * * ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: ARRITOLA, AUGUSTINE DOB: * *Addr: 319 NATIONAL DR #9 Phone: 6829197 H/B: M * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: REP *** *Name: CHAVEZ, HELEN DOB: * *Addr: 3101 HY 119 Phone: 7760172 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: OWNER Bus Addr: 3101 HY 119 BusTX: 7763770 * * * *Addl Desc Info: * * + LIST OF RECOMMENDED CHARGES + Suspect Name: CLAYTON, BRENT Juvenile: N COUNTS F/M CHARGE/DESCRIPTION I : 1 : F : 183203 ASSAULT IN THE SECOND DEGREE 950175 PTXT PAGE NO. 0004 GP0827 RM98 10-26-1994 09:37 WELD COUNTY WC9403763 + CRIMINAL CHARGE/PROBABLE CAUSE SUMMARY + : NIGHT TIME, BAR PARKING LOT. SUSPECT ACTING AS SECURITY GUARD AT A BAR USED A POTENTIALLY DEADLY WEAPON (A FOUR CELL MAG LIGHT/FLASHLIGHT) AS A CLUB. SUSPECT STRUCK THE FOUR VICTIMS IN THE HEAD NUMEROUS TIMES. THE USE OF DEADLY FORCE WAS NOT SUBSTANTIATED. VICTIM AND SUSPECTS INVOLVED IN ALTERCATION IN WHICH SUSPECT ESCORTED THE VICTIMS FROM THE BAR. VICTIMS DID INITIATE A DISTURBANCE. SUSPECT CLAIMS SELF DEFENSE. PARKING LOT IS LIGHTED. CLEAR SKY, DRY PAVEMENT. + DEPUTIES/OFFICERS ON SCENE AT INCIDENT + WC0051 FOURNIER, JOHN A WC0125 GENOVA, NICHOLAS WC0052 RUSHING, CLINTON B NARRATIVE/FACTS: AT THE LISTED TIME AND DATE, I WAS DISPATCHED TO A FIGHT AT THE EL ROJO BAR AT THE LISTED LOCATION. DUE TO THE NATURE OF THE CALL, I REQUESTED BACK UP AND HEARD THAT DEPUTY FOURNIER AND GENOVA WERE EN ROUTE. UPON MY ARRIVAL, I OBSERVED APPROXIMATELY 30 PEOPLE STANDING JUST OUTSIDE THE MAIN ENTRANCE TO THE BAR. AS I EXITED MY VEHICLE AFTER PARKING IT IN THE FRONT LOT, I OBSERVED A HISPANIC MALE WALKING OUT FROM BETWEEN CARS WITH HIS FACE COVERED WITH BLOOD. I ADVISED DISPATCH TO HAVE MY BACK UP RESPOND CODE THREE AND STEP UP THEIR RESPONSE. UPON THE ARRIVAL OF MY COVER OFFICERS, WE WERE ABLE TO SECURE THE SCENE AND OBTAIN VERBAL STATEMENTS FROM ALL PARTIES INVOLVED. I ALSO DETERMINED AT THIS POINT, THAT THE BAR' S OWNER, HELEN CHAVEZ, HAD BEEN THE REPORTING PARTY ON THIS CALL. SHE ADVISED THAT SHE DID NOT ACTUALLY SEE WHAT ALL HAD OCCURRED, BUT THAT THE SECURITY GUARDS HAD APPARENTLY BEEN INVOLVED IN TRYING TO ESCORT A NUMBER OF PATRONS FROM THE BAR, DUE TO THEIR CAUSING A DISTURBANCE INSIDE THE BAR. I ASKED DEPUTY FOURNIER TO CONTACT THE SUSPECT, BRENT CLAYTON, AND WITNESS, CLEMMONS AND WITNESS MORENO, AND OBTAIN STATEMENTS FROM THEM. SEE SUPPLEMENT OF DEPUTY FOURNIER' S, CONNECTED TO CR NUMBER 94-3761 FOR FURTHER INFORMATION. DUE TO THE FACT THAT I HAD FOUR INDIVIDUALS WITH HEAD LACERATIONS, I CONTACTED DISPATCH AND HAD THEM SEND PARAMEDICS AND FIRE DEPARTMENT FOR FIRST AID AND FURTHER TREATMENT IF NECESSARY. BASED ON THE STATEMENTS OF THE FOUR LISTED VICTIMS AND THE TWO WITNESSES AND THE SUSPECT, I WAS ABLE TO DETERMINE THAT A LITTLE BIT AFTER 950175 PTXT PAGE NO.0005 GP0827 RM98 10-26-1994 09: 37 WELD COUNTY WC9403763 MIDNIGHT, THIS DATE, ONE OF THE VICTIMS, ANASTASIO ARRITOLA, HAD PATTED THE BEHIND OF ONE OF THE FEMALE PATRONS WITHIN THE BAR. THE FEMALE' S HUSBAND BECAME ANGRY, AND ATTEMPTED TO RETALIATE, AT WHICH POINT THE THREE BROTHERS OF ANASTASIO BECAME INVOLVED, ALONG WITH THE SECURITY GUARDS. THE GUARDS ESCORTED THE FOUR VICTIMS FROM THE BAR, WHERE THEY WERE ALSO MET BY ANOTHER BROTHER, SUBJECT ONE, ARRITOLA, AUGUSTINE VASQUEZ, AND AT THIS POINT, IT APPEARS THAT THE FOUR VICTIMS ATTEMPTED TO FORCE THEIR WAY BACK INTO THE BAR, BUT WERE REFUSED ADMITTANCE FROM WITNESS MORENO, WHO WAS ACTING AS THE DOORMAN. THE FOUR VICTIMS WERE CONFRONTED BY SUSPECT CLAYTON, AND AT SOME POINT DURING THE BRIEF ALTERCATION, ONE OF THE VICTIM' S ATTEMPTED TO TAKE A SWING AT SUBJECT CLAYTON WHILE THE OTHER THREE RUSHED PAST THE DOORMAN AND CLAYTON. IT IS APPARENT THAT THE VICTIMS BEGAN TO TRY TO FORCE SUSPECT CLAYTON FROM THE BAR, AT WHICH TIME HE BEGAN SWINGING HIS FOUR CELL METAL FLASHLIGHT AT THE HEADS OF THE FOUR VICTIMS. IT SHOULD BE NOTED THAT NONE OF THE VICTIMS WERE ARMED WITH ANY FORM OF WEAPONS. SUSPECT CLAYTON DID SAY THAT ONE OF THE VICTIMS DID PICK UP A CHAIR AND THROW IT AT HIM. SUSPECT CLAYTON CLAIMS THAT HE WAS ACTING IN SELF DEFENSE AND THAT IT WAS FOUR HIM. THEY ALSOWERE SAIDTRYING THATOTHEY TAKE WERE KI FROM CKINGTHE ATBAR TO HIM AND THAT HE JUST STARTED SWINGING AND WAS NOT PAYING ANY ATTENTION TO WHERE HE WAS HITTING THEM. AT SOME POINT DURING THE ALTERCATION, PEPPER MACE WAS SPRAYED BY THE SECURITY GUARDS AT THE VICTIMS, AT WHICH TIME THE BYSTANDING BROTHER, SUBJECT AUGUSTINE ARRITOLA WAS SPRAYED FULL IN THE FACE WITH THE PEPPER MACE. THREE OF THE VICTIMS, JOSE ARRITOLA, JESUS RIOS, JUAN VASQUEZ AND AUGUSTINE ARRITOLA, WERE TRANSPORTED TO LONGMONT UNITED HOSPITAL FOR TREATMENT OF THEIR INJURIES BY DR. OGDEN AT THE LONGMONT HOSPITAL EMERGENCY ROOM. ANASTASIO ARRITOLA DID RECEIVE MINOR INJURIES TO HIS MOUTH, BUT REFUSED TREATMENT. AFTER THE VICTIMS WERE TRANSPORTED TO THE HOSPITAL, SUSPECT CLAYTON CONTACTED ME AT THE NORTH SIDE OF THE BAR, AND ADVISED ME THAT HE WANTED TO JUST LET ME KNOW THAT HE WANTED TO FILE ASSAULT CHARGES ON THE FOUR VICTIMS, DUE TO THE FACT THAT THEY HAD KICKED HIM IN HIS LEGS, PRIMARILY HIS SHINS, AT WHICH POINT HE DID FEEL PAIN. I NOTED HIS COMPLAINT AND ADVISED HIM THAT I WOULD BE CHARGING THE FOUR VICTIMS WITH THIRD DEGREE ASSAULT, WITH HIM AS A VICTIM, AND ALSO BE CHARGING THEM WITH DISORDERLY CONDUCT, I .E. ; FIGHTING IN A PUBLIC PLACE. I ALSO KNOW FROM PERSONAL KNOWLEDGE, THAT THE DOORMAN WAS NO MORE THAN FIVE TO TEN FEET AWAY FROM THE LOCATION WHERE THEY WERE APPARENTLY FIGHTING, AND THAT THE OTHER SECURITY GUARD, MR. CLEMMONS, WAS AT MOST 950175 PTXT PAGE NO. 0006 GP0827 RM98 10-26-1994 09:37 WELD COUNTY WC9403763 30 TO 35 FEET AWAY. ALL OF THE SECURITY GUARDS SAW WHAT WAS GOING ON AND WERE RESPONDING TO MR. CLAYTON' S AID WHEN HE BEGAN SWINGING THE FLASHLIGHT. I ADVISED MR. CLAYTON THAT I WOULD BE CONTACTING THE DISTRICT ATTORNEY' S OFFICE TO DETERMINE WHETHER HE SHOULD BE CHARGED WITH ANY FELONY ASSAULT CHARGES. I THEN RESPONDED TO THE HOSPITAL IN LONGMONT, WHERE I CONTACTED THE FOUR VICTIMS AND I THEN OBSERVED THE LISTED INJURIES TO THE VICTIMS. I ALSO NOTED THAT ONE OF THE VICTIMS, VICTIM FOUR, VASQUEZ, APPEARED TO HAVE BEEN STRUCK MORE THAN ONCE AND THAT HE HAD THREE LACERATIONS ON THE BACK OF HIS HEAD, BRUISING ON HIS LEFT ELBOW, SWELLING ON HIS LEFT ELBOW, BRUISING ON THE TOP REAR PORTION OF HIS LEFT SHOULDER, AND BRUISING IN THE MIDDLE OF HIS BACK. BASED ON MY OBSERVATIONS AND THE STATEMENTS OF THE WITNESSES, VICTIMS, AND SUSPECT, I REQUEST THAT THIS CASE BE FORWARDED TO THE DISTRICT ATTORNEY' S OFFICE FOR THEIR REVIEW AND FOR ISSUANCE OF A FELONY SUMMONS, SHOULD THEY DECIDE THAT IT' S JUSTIFIED. ALSO BASED ON THE STATEMENTS PROVIDED, I BELIEVE THAT PROBABLE CAUSE DOES EXIST FOR THE ISSUANCE OF A FELONY SUMMONS TO SUBJECT CLAYTON FOR CRS 183203, SECOND DEGREE ASSAULT, TO WIT; BRENT CLAYTON DID RECKLESSLY CAUSE SERIOUS BODILY INJURY TO ANOTHER PERSON (THE FOUR VICTIMS) BY MEANS OF A DEADLY WEAPON, I .E. ; THE FOUR CELL METAL FLASHLIGHT AND THAT DURING THE COURSE OF THE INCIDENT, HE SWUNG THE METAL FLASHLIGHT AT THE HEADS OF THE VICTIMS. REQUEST A COPY OF THIS CASE BE FORWARDED TO THE DISTRICT ATTORNEY' S OFFICE FOR ISSUANCE OF A FELONY SUMMONS. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 37 WELD COUNTY WC9404247 : WC94-4247 Agency Case No. Defendant: RODRIGUEZ-JUAREZ, J CRUZ DOB: Arresting Agency: WELD COUNTY SHERIFF' S OFFICE ARREST DATE : 100894 Charges Statute Class 1 : AGGRAVATED MOTOR VEH THEFT 2 DEG 18.4.409 09 M 2: DUS/DUD/DUR 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 2350 HOURS, 100894 , DEPUTIES PROFITT AND GENOVA RESPONDED TO 3101 HIGHWAY 119 IN THE COUNTY OF WELD, STATE OF COLORADO, ON A STOLEN VEHICLE REPORT. UPON THEIR ARRIVAL DEPUTY PROFITT CONTACTED THE VICTIM WHO STATED THAT WHILE PERFORMING HIS DUTIES AS A SECURITY GUARD AT THE EL ROJO BAR, WHICH IS AT THE LISTED LOCATION, HE HAD LEFT HIS VEHICLE IN THE PARKING LOT WHILE HE WALKED THE LOT IN ACCORDANCE WITH HIS JOB DESCRIPTION. HE HAD LEFT HIS KEYS IN THE VEHICLE AS HE WAS WALKING THE LOT, AND HE OBSERVED THE DEFENDANT GET INTO HIS VEHICLE, START IT UP, AND DRIVE OFF. VICTIM STATED THAT HE CONTACTED TWO PEOPLE WHO WERE IN THE PARKING LOT WITH HIM AND ASKED FOR ASSISTANCE. THE DEFENDANT THEN DROVE THE VEHICLE OUT OF THE PARKING LOT AND WENT WESTBOUND ON HIGHWAY 119 TOWARDS THE CITY OF LONGMONT. THE VICTIM STATED THAT HE DID NOT AUTHORIZE ANYBODY TO TAKE HIS MOTOR VEHICLE AND THAT THE DEFENDANT HAD TAKEN IT WITHOUT HIS PERMISSION. WITNESS VASQUEZ AND WITNESS RUIZ STATED THEY FOLLOWED THE VEHICLE WESTBOUND ON HIGHWAY 119, AND WHEN THEY PULLED UP BESIDE THEM, THEY BEGAN TO YELL AT HIM TRYING TO GET THE DEFEE . THE WITNESSES THENNDANT TO STATED THAT PTHEY PULLED THE CAR. TINI FRONT R UOFT THE S EVEHICLE RE RWIITH THE DEFENDANT DRIVING AND ATTEMPTED TO SLOW HIM DOWN. WITNESSES FURTHER STATED THAT THE DEFENDANT THEN RAN INTO THE BACK OF THE PICKUP TRUCK THAT THEY WERE DRIVING CAUSING MAJOR DAMAGE TO THE VICTIM' S CAR. WITNESSES APPREHENDED THE DEFENDANT AND TRANSPORTED HIM AND THE VICTIM' S CAR BACK TO THE EL ROJO BAR. DEPUTY PROFITT OBSERVED THAT THE DAMAGE TO THE VICTIM' S CAR CONSISTED OF THE LEFT FRONT FENDER BEING TORN AWAY FROM THE QUARTER PANEL AND THAT THE FRONT OF THE HOOD AND PART OF THE GRILL WAS BENT AND BROKEN. DEPUTY PROFITT ESTIMATED THE DAMAGE TO BE IN EXCESS OF ONE THOUSAND DOLLARS. DEPUTY PROFITT ALSO ESTIMATED THAT THE VALUE OF THE ti� cop Use of th s information is regulated by LAW 950175 PTXT PAGE NO.0002 GP0827 RM98 10-26-1994 09:37 WELD COUNTY WC9404247 VICTIM' S VEHICLE TO BE LESS THAT FIFTEEN THOUSAND DOLLARS. DEPUTY GENOVA RAN A DRIVER' S LICENSE CHECK ON THE DEFENDANT AND FOUND THAT HE WAS UNDER REVOCATION FOR A PREVIOUS DUI CHARGE. BASED ON THE STATEMENTS OF THE VICTIM AND WITNESSES, YOUR AFFIANT HAS REASON TO BELIEVE THAT PROBABLE CAUSE EXISTS TO CHARGE THE DEFENDANT WITH THE LISTED CHARGE TO WHIT: HE DID COMMIT AGGRAVATED VEHICLE THEFT IN THE FIRST DEGREE BY KNOWINGLY OBTAINING AND EXCERCISING CONTROL OVER THE MOTOR VEHICLE OF ANOTHER WITHOUT AUTHORIZATION AND THAT HE CAUSED FIVE HUNDRED DOLLARS DAMAGE OR MORE IN THE EXERCISE OF CONTROL OF THAT VEHICLE, AND THAT THE DEFENDANT WAS IN FACT DRIVING A MOTOR VEHICLE WHILE HE WAS UNDER REVOCATION. THESE CHARGES ARE BASED ON THE STATEMENTS AND FACTS OF THE VICTIM AND WITNESSES. Affiant' s signature Subscribed and sworn to before me this day of 1994 . Notary Date Expiration: Notary Public Notary Address: 910 10th Avenue, Greeley, CO. After reviewing the above Affidavit in Support of Warrantless Arrest, I find: There is probable cause for the arrest. There is not probable cause for the arrest and the Defendant is is released from custody. Date: JUDGE 950175 PTXT PAGE NO.0003 GP0827 RM98 10-26-1994 09:37 WELD COUNTY WC9404247 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-4247 Crime/Incident: AGG MOTOR VEH THEFT N/C: SVEH F/M: F Addl Offense Date reported : 100894 Time Rpt: 2350 Clearing case # : Connecting cases : + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 100894 F/T: 2330 Loc: 3101 HWY 119, LONGMONT I IT/Date: T/T: Case status: CLEARED IDEP: WC0076 PROFITT, MARK T + + CASE STATUS AND MISC DATA 'Drugs/Alcohol: YES Domestic Viol: Evidence/Photos: 'Tot Prop Stolen: 1000 Prop Rcvd: 1000 Prop Damg: 1000 'Extent Injuries: +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: MATA, ELISEO MORALES DOB: * *Addr: 600 MAIN ST #B9 Phone: 7721000 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H * *Occupation: SECURITY GUARDBus Addr: 3101 HWY 119 BusTX: * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: VASQUEZ, MICHAEL DOB: H/B: * * *Addr: 1982 WCR 17 Phone: *City: BRIGHTON St: CO Zip: 80601 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * BusTX: * Bus Addr: *Occupation: * * * *Addl Desc Info: * * 950175 PTXT PAGE NO. 0004 GP0827 RM98 10-26-1994 09: 37 WELD COUNTY WC9404247 ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: RUIZ, JUAN A DOB: * *Addr: 320 GRIFFIN PKWY #37 Phone: H/B: * *City: MISSION St: TX Zip: 78572 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: * * * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: ARRESTED **** *Name: RODRIGUEZ-JUAREZ, J CRUZ DOB: * *Addr: 204 ST CLAIR Phone: H/B: * *City: LONGMONT St: CO Zip: 80501 OLN: ID940560656 OLS: CO* *Sex: M Rac: H Eth: H Hgt: 506 Wgt: 155 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION + *Cite#: Date: 100894 Time: 2330 DR: WC944247 DEP: WC0125 * *Location: 3101 HWY 119 Accident: * *Lic Number: Lic ST: Lic Yr: VIN: * *V-yr: V-make: V-model: V-style: V-color: * *Court Date: Court Time: * *VIOL-1 : *VIOL-2 : *VIOL-3 : *VIOL-4 : * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 184409 AGGRAVATD MOTOR VEH THEFT 2 DEG *F/M: F Is There Addl Chgs: YES Booking Date: 100994 Book Time: 0047 * *DUI BAL: BOOK NO: Warrant #: W/ORI : * *Arresting DEP: WC0125 GENOVA, NICHOLAS * : CRM : CITE : BOOK + ADDITIONAL CHARGE DATA + IChg: 422130 DUS/DUD/DUR IF/M: M Cite#: Warrant#: War/ORI : I + + 950175 PTXT PAGE NO.0005 GP0827 RM98 10-26-1994 09 :37 WELD COUNTY WC9404247 + CRIMINAL CHARGE/PROBABLE CAUSE SUMMARY + : BAR PARKING LOT. NIGHTTIME. VEHICLE TAKEN WITHOUT PERMISSION OF THE OWNER. VEHICLE INVOLVED IN INTENTIONAL ACT WHICH CAUSED IN EXCESS OF FIVE HUNDRED DOLLARS WORTH OF DAMAGE TO THE VEHICLE. KEYS LEFT IN VEHICLE. WEATHER IS CLEAR. PAVEMENT IS DRY. PARKING LOT IS LIGHTED. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: BONDING INFORMATION SHEET IITEM NO: 2 DESC: PROPERTY EVIDENCE REPORT S50081 IITEM NO: DESC: IITEM NO: DESC: + PROPERTY DAMAGE INFORMATION + Owner Name: MATA, ELISEO M ITEM QUAN PROPERTY DAMAGED/DESCRIPTION OF DAMAGE VALUE : 1 : 1 : LEFT FRONT FENDER AND FRONT GRILL AND HOOD OF VICTIM : 1000 • : VEHICLE TORN AWAY AND BENT FROM VEHICLE • • + PROPERTY THAT IS INVOLVED AS: EVD --- 'Date: 100894 Item# : 1 Tag#: S50081 Store at: IBra: Mod: Ser: Pieces: 1 IDesc: POLAROID PHOTO OF VICTIM VEHICLE IDEP : WC0125 Val: Cat: X Art: FILM Mak: T-Cat: Cal: IOAN: Rcvd-Date: R-Val: + DATA REGARDING A VEHICLE INVOLVED AS A: STL/REC --- Date: 100894 Lic: MAE1234 LIS: CO LIY: 95 LIT: PC Vyr : 75 Vma: TOYT Vmo: Vst: 2D Vco: WHI/BRO Val: 1000 VIN: RA22006528 Stored: DEP: WC0076 Tow: Type: Cond: F Interior: Modif: Wheels : Windows: Tire-pat: Spc-feat: Exterior: Damage: Lts-out: #Occ: 1 Ign locked: N Doors locked: N Key in car: Y Paymts curr: Weapons: N *****DATA REGARDING A PERSON RELATED TO THE VEHICLE AS A: OWNER **** *Name: MATA, ELISEO M DOB: Sex: M Rac: H * *Addr: 600 MARTIN ST #B9 Phone: 7721000 H/B: H *City: LONGMONT St: CO Zip: 80501OLN: OLS: * + DEPUTIES/OFFICERS ON SCENE AT INCIDENT + WC0125 GENOVA, NICHOLAS NARRATIVE/FACTS: 950175 PTXT PAGE NO. 0006 GP0827 RM98 10-26-1994 09: 37 WELD COUNTY WC9404247 AT 2350 HOURS, 100894, I RESPONDED TO THE EL ROJO BAR IN REGARDS TO A STOLEN VEHICLE REPORT. AS DEPUTY GENOVA WAS IN THE AREA, HE ALSO RESPONDED AS COVER. UPON MY ARRIVAL, I CONTACTED MR. MATA WHO ADVISED ME THAT WHILE HE WAS WALKING IN THE PARKING LOT IN CONCORDANCE WITH HIS SECURITY GUARD DUTIES, SOMEBODY HAD JUMPED INTO HIS VEHICLE AND HAD DRIVEN OFF WITHOUT HIS PERMISSION. HE STATED THAT HE LEFT THE CAR RUNNING TO KEEP IT WARM. HE FURTHER STATED THAT HE ASKED TWO OF THE BAR PATRONS IF THEY WOULD ASSIST HIM IN RECOVERING HIS VEHICLE. THE TWO BAR PATRONS, WITNESS VASQUEZ AND WITNESS RUIZ , GOT INTO THEIR PICKUP TRUCK AND BEGAN TO CHASE MR. MATA' S TOYOTA WESTBOUND ON HIGHWAY 119. I ALSO CONTACTED WITNESS VASQUEZ AND WITNESS RUIZ WHO STATED THAT WHILE THEY WERE GOING AFTER THE VEHICLE, THEY EVENTUALLY CAUGHT UP TO IT AROUND COUNTY ROAD 3 1/2 AND PULLED ALONGSIDE AND THE TWO OF THEM BEGAN YELLING AT THE DRIVER OF THE VEHICLE TO PULL OVER AND STOP. BOTH VASQUEZ AND RUIZ SAID THE DEFENDANT DID NOT PAY ANY ATTENTION TO THEM AND CONTINUED WESTBOUND ON 119. WITNESS RUIZ WAS DRIVING THE PICKUP TRUCK THAT HIM AND VASQUEZ WERE IN. HE STATED THAT HE THEN DECIDED TO PULL IN FRONT OF THE VEHICLE TO TRY TO GET THE DRIVER TO SLOW DOWN AND STOP. HE SAID THAT HE WAS ABLE TO GET IN FRONT OF THE VEHICLE AND THAT WHEN HE BEGAN TO SLOW DOWN, THE DEFENDANT DROVE THE VICTIM' S VEHICLE INTO THE BACKEND OF HIS PICKUP TRUCK CAUSING THE LISTED DAMAGE. THE DEFENDANT, WHO WE LATER IDENTIFIED AS SUSPECT RODRIGUEZ-JUAREZ , WAS BEING DETAINED BY THE OTHER SECURITY GUARDS AFTER HE WAS BROUGHT BACK TO THE BAR AFTER RECKING MATA' S VEHICLE. I CHECKED MATA' S VEHICLE AND OBSERVED THE LISTED DAMAGE. I ESTIMATED THE VALUE OF THE VEHICLE UNDER $15, 000 AND THAT THE COST OF THE DAMAGE WILL RUN APPROXIMATELY $1, 000. DEPUTY GENOVA AND MYSELF THEN PLACED THE DEFENDANT UNDER ARREST FOR AGGRAVATED MOTOR VEHICLE THEFT AND WHILE DEPUTH GENOVA WAS FILLING OUT THE BOOKING SHEET, HE RAN A DRIVER' S LICENSE CHECK ON THE DEFENDANT, AND FOUND THAT THE DEFENDANT WAS ALSO DRIVING UNDER REVOCATION. MR. MATA STATED THAT AT NO TIME DID HE GIVE THE DEFENDANT PERMISSION TO DRIVE HIS VEHICLE AND THE WITNESSES, VASQUEZ AND RUIZ, DID OBSERVE THE DEFENDANT DRIVING THE VICTIM' S VEHICLE. AFTER FRISKING THE DEFENDANT FOR WEAPONS, DEPUTY GENOVA THEN HANDCUFFED HIM AND TRANSPORTED HIM TO WELD COUNTY JAIL WHERE HE WAS BOOKED IN FOR AGGRAVATED MOTOR VEHICLE THEFT AND DRIVING UNDER REVOCATION. CASE CLEARED BY ARREST. I CHECKED THE BACK OF THE PICKUP TRUCK THAT RUIZ WAS DRIVING AND FOUND NO SIGNS OF ANY DAMAGE TO THE REAR BUMPER OF THE PICKUP TRUCK. NO FURTHER ACTION TAKEN BY THIS OFFICER AT THIS TIME. IT SHOULD BE NOTED THAT THE DEFENDANT DID HAVE A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH, HOWEVER, SINCE I DID NOT ACTUALLY SEE HIM DRIVING AND WAS RELYING ON THE STATEMENTS OF THE WITNESSES TO THE FACT THAT HE WAS DRIVING, I DID NOT RUN ANY FIELD MANEUVERS OR GHARGE 950175 PTXT PAGE NO.0007 GP0827 RM98 10-26-1994 09: 37 WELD COUNTY WC9404247 THE DEFENDANT WITH D.U. I . . t + THIS IS THE END OF THIS REPORT Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 : 37 WELD COUNTY WC9404247 1 WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC94-4247 Supp Date: 100894 Time: 2345 DEP: WC0125 GENOVA, NICHOLAS Crime/Incident: AGG MOTOR Original Date Reported: 100894 VEHICLE THEFT Case status: CLEARED Victim Name: MATA, ELISEO Connecting case numbers: I NARRATIVE/FACTS: ON 100894 , I RESPONDED WITH DEPUTY PROFIT TO THE EL ROJO BAR AT 3101 HIGHWAY 119 ON A REPORT OF AN AGGRAVATED MOTOR VEHICLE THEFT. AFTER DEPUTY PROFIT INTITIALLY TOOK THE INFORMATION FOR THE REPORT, I WAS ASKED TO TRANSPORT THE SUSPECT TO THE WELD COUNTY JAIL. I PLACED THE PARTY IN MY PATROL VEHICLE AND THEN WAS ASKED TO TAKE A PHOTOGRAPH OF THE DAMAGE TO THE VICTIM' S VEHICLE. I TOOK A PHOTOGRAPH OF THIS DAMAGE TO THE LEFT FRONT FENDER AND HAVE ENTERED THE PHOTOGRAPH INTO EVIDENCE UNDER EVIDENCE REPORT #550081 . I TRANSPORTED THE PARTY TO THE WELD COUNTY JAIL. THE PARTY WAS BOOKED IN FOR AGGRAVATED MOTOR VEHICLE THEFT AND DRIVING WHILE UNDER RESTRAINT. A COPY OF THE BONDING SHEET IS INCLUDED WITH THIS CASE REPORT ALSO. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT I + Report Approved By: WC0012 SPALDING, WILLIAM E 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 :36 WELD COUNTY WC9404250 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-4250 Crime/Incident: DISTURBANCE N/C: DISTUR F/M: Addl Offense F/M: Date reported : 100994 Time Rpt: 0151 Clearing case # : Connecting cases: + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 100994 F/T: 0151 Loc: 3101 HY 119 IT/Date: T/T: Case status : CLEARED 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: +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: COUNTY OF WELD DOB: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: *Occupation: Bus Addr: BusTX: * ****************************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 II Bus Addr: WCSO BusTX: * * * *Addl Desc Info: * * * + SYNOPSIS OR NARRATIVE + : AT LISTED TIME AND DATE, WHILE CONDUCTING A BAR CHECK AT THE EL ROJO BAR AT THE LISTED LOCATION, I WAS DRIVING AROUND THE NORTH PARKING LOT TO THE BAR WHEN I OBSERVED TEN TO FIFTEEN HISPANIC MALE INDIVIDUALS ARGUING AND THROWING PUNCHES AT EACH OTHER IN THE PARKING LOT. IT APPEARED THAT ALL THE INDIVIDUALS WERE INTOXICATED AND THEY WERE FIGHTING FOR AN UNKNOWN REASON. I CALLED FOR BACK UP AND WAS ABLE TO QUELL THE DISTURBANCE WITHOUT THE USE OF ANY FORCE AND WITHOUT FURTHER INCIDENT. WHEN I FIRST ARRIVED, SEVEN TO EIGHT OF THE INDIVIDUALS FLED, AND THE OTHER INDIVIDUALS WERE ORDERED TO DISPERSE AND LEAVE THE PREMISES. NONE OF THE INDIVIDUALS SUFFERED ANY INJURIES AND I DID NOT copy Use of h tv 950175 PTXT PAGE NO. 0002 GP0827 RM98 10-26-1994 09: 36 WELD COUNTY WC9404250 OBSERVE ANY ACTUAL BLOWS LANDING. AFTER DISPERSING THE CROWD, I COMPLETED MY BAR CHECK WITHOUT FURTHER INCIDENT. ALL THE PARTIES LEFT WITHOUT FURTHER INCIDENTS. NO FURTHER ACTION TAKEN. 1 + 1 THIS IS THE END OF THIS REPORT 1 1 + 1 Report Approved By: WC0018 950175 PTXT PAGE NO.0001 GP0827 RM98 10-26-1994 09 :36 WELD COUNTY WC9404250 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-4250 Crime/Incident: DISTURBANCE N/C: DISTUR F/M: Addl Offense F/M: Date reported : 100994 Time Rpt: 0151 Clearing case # : Connecting cases : + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 100994 F/T: 0151 Loc: 3101 HY 119 I IT/Date: T/T: Case status : CLEARED IDEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA IDrugs/Alcohol: Y Domestic Viol: Evidence/Photos: I 'Tot Prop Stolen: Prop Rcvd: Prop Damg: I ' Extent Injuries: I +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: COUNTY OF WELD DOB: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: * *Occupation: Bus Addr: BusTX: * ****************************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 II Bus Addr: WCSO BusTX: * * * *Addl Desc Info: * * * + SYNOPSIS OR NARRATIVE + : AT LISTED TIME AND DATE, WHILE CONDUCTING A BAR CHECK AT THE EL ROJO BAR AT THE LISTED LOCATION, I WAS DRIVING AROUND THE NORTH PARKING LOT TO THE BAR WHEN I OBSERVED TEN TO FIFTEEN HISPANIC MALE INDIVIDUALS ARGUING AND THROWING PUNCHES AT EACH OTHER IN THE PARKING LOT. IT APPEARED THAT ALL THE INDIVIDUALS WERE INTOXICATED AND THEY WERE FIGHTING FOR AN UNKNOWN REASON. I CALLED FOR BACK UP AND WAS ABLE TO QUELL THE DISTURBANCE WITHOUT THE USE OF ANY FORCE AND WITHOUT FURTHER INCIDENT. WHEN I FIRST ARRIVED, SEVEN TO EIGHT OF THE INDIVIDUALS FLED, AND THE OTHER INDIVIDUALS WERE ORDERED TO DISPERSE AND LEAVE THE PREMISES. NONE OF THE INDIVIDUALS SUFFERED ANY INJURIES AND I DID NOT 950175 PTXT PAGE NO. 0002 GP0827 RM98 10-26-1994 09: 36 WELD COUNTY WC9404250 OBSERVE ANY ACTUAL BLOWS LANDING. AFTER DISPERSING THE CROWD, I COMPLETED MY BAR CHECK WITHOUT FURTHER INCIDENT. ALL THE PARTIES LEFT WITHOUT FURTHER INCIDENTS. NO FURTHER ACTION TAKEN. 1 THIS IS THE END OF THIS REPORT Report Approved By: WC0018 950175 PTXT PAGE NO.0001 WC0076 9160 11-15 19I4 Cb:=u ^ --w _________'_.__________________________________+ +------------------------FICE OFFENSE/ INCIDENT REPORT NO: WC94-4708 | { WELD C01NTY SHERIFF ' S OF | | N/C: A5LTS F!M: M | irrime/Incident : ASSAULT F/M ; | | Addl Offense d � 110794 Time Pp+ : 0130 Clearinq case #: | � D�te reported : | | Connecting cases: \ | ------+ ImCIDENT DATE-TIME-AND LgC8TI�N---------------- + -------------- | --- INCIDENT LONGMgNT � 31�1 H�Y 1l9 | F/Date : 110794 F/T : 005� Lor : �"`,=. ~�� � iT/Date: T/T : Case status ; CLEARED | DEP: WC0076 PROFITT , _MARK _T__'_____________________'____CASE STATUS AND MISC DATA ______________+ +'________________-- ------------~-~----- ---------------'----- | iDruos/Alrohol : Domestic Viol : Evidence/Ph t n psz | \ Tot Prop Stolen: Prop Rcvd : Prop Damg : | !Extent Injuries: SCRATCH R/EYE, PAIN ON R/SIDE OF FACE +************************DATA FOR A PERSON INVOLVED AS A: VIC ***+ DOB-. ^ *Name: GARCIA, ALISIA D phone: 7850415 H/B: M * *Addr : 1527 BEL!A VISTA DR OLS: * *Citv: PLATTFVIL{E St : CO Zip : 80651 OLN: * *Sex : F Rac : H Eth : H RT PROD BusTX � Addr : PLASTIC A * *Occupatipn� LINEWgRKER Bus FOR PERSON INVOLVED AS A: WIT *** DOB: . *Name: FAVILA, FERNANDn phone: 7727498 H/B: H * *Addr : 1110 11TH AV OLS: * *City: LnNGMONT St : CO zip : 80501 OLN: SS: * *Sex : M Rac : Eth : Hqt : ��gt : Hai : Eve: R sTX : * *Occupation: BARTENDER Bus Addr : EL ROJO BAR u * * * *Addl Desc Info : * * 950� �� ���*� � � � PTXT PAGE N0.0002 WC0076 KTb0 11-15 199, uw^~~ ^"_, ~-- ` ; ^~' . / '- ********CTTE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITED **** *Name: MEDRANO. LUPE DOB: * *Addr : 425 S 44TH SF Phone : 5439223 H/B : H * *City: BOULDER St : CO Zip : 80303 OLN: OLS: * *Sex : F Rac : H Eth : H Mgt : 411 Wgt : 160 Hai : 8LN Eve: BRn SS: * *Occupation: Bus Addr : RusTX � * *----------------CITE/LgCATION/VEHICLE INFORMATION---------------`-----� *Cite#: WC6642 Date: 110794 TimeN 0200 DR: WC944708 DEP: WC0076 * * *Location: 3101 HWY 119 Accident : * *Lic Number : Lic ST: Lic Yr : VIN: *V-yr : V-make: V-model : V-stvle: V-color : * *Court Date: 010595 Court Time : 0900 ^ *VIOL-! : 183204 ASSAULT IN THE THIRD DEGREE *VIOL-2: *VIOL-3: *VIOL-4: __'_____* *......................BOOKING DETAILS------------------------- *Sc/Mrk/TT : State of Birth . FILL- * *Charqe: 183204 ASSAUL\ IN THE THIRD DEGREE *F/m: M Is There Addl Chws: N Booking Date: 110794 Boot Time: 0200 * *DUI BAi: BOOK NO : Warrant #: W/ORI . * *Arresting DER: WC0076 PROFTTT , MARK T *: CRM : CITE : BOOK ********CITE AND ROOK DATA FOR PERSON WHO INVOLVMENT IS: CITED **** * *Name: CHAVEZ , MONICA DOB: Phone; 5349223 H/B: H * *Addr : 425 S 44TH ST OLS: * *City: BOULDER St : CO Zip : 80303 OLN : *Sex : F Rac : H Eth : H Hgt : 51� Wgt : 140 Hai : BLK Eye: BRO SS: * BusTX : * *Orcupation: SECURITY GD Bus Addr : *----------------CITELOCATION/VEHICLE INFOPMATION-------------- ------ *+ *Cite# : WC6641 Date: 110794 Time: 0200 DR: WC944708 DEP : WC0076 * Accident : *Location: 3101 MWY 119 * *Lic Number : Lic ST : Lic Yr : VIN: * *V-vr : V-make: V-model : V-style: V-color .. * *Court Date : 010595 Court Time: 0900 *VIOL-i : 183204 ASSAULT IN THE THIRD DEGREE *VIOL-2g *VIOL-3: *VIOL-4� __________* *......................BOOKING DETAILS---'------------------ *' *Sc/Mrk/TT : State of Birth : FILL- *Charge: 183204 ASSAULT IN THE THIRD DEGREE 0230 * *F/M� M is There Addl Chgs : N Booking Date ; 110794 Book Time: * *DUI RAL: BOOK NO: Warrant # � W/ORI : *Arresting DER: WC0076 PROFITT , MARK T *: CRM : CITE BOOK 9501�� ��� PTX | PAGE N0 "000J WC0076 ST60 oi : ' ^ --~ ~-- ` ^~ . + --CRlMINAL CHARGE/PROBABLE CAUSE SUMMARY---------------- +-----------A-LI9HMENT/9AR NIGHTTIME DEFENDANTS GANGED UP ON VICTIM � LIDU�R �S | x�- ^ " CAUSING BODILY INJURY TO HER FACE. VICTIM DID FEEL PAIN TO HER FACE. CASE CLEARED BY ARRREST . NOTES REGARDING ITEMS INCLUDED WITH THIS +----------- REPORT------------+ | ! ITEM NO : 1 DESC : WRITTEN STATEMENT FORM | ! ITEM NO: 2 DESC: SUMMONS uC6641 . WC6642 | iITEM NO: DESC- | ! ITEM NO: DESC ; NARRATIVE/FACTS: AT APPRgXIMATEiY C105 HOURS, 110794, WHILE CONDUCTING A BAR CHECK ATTHE EL ROJOL BAR WHICH IS LOCATED AT THE LISTED LOCATION, I WAS CONTACTED BY ALISIA GARCIA WHO ADVISED ME THAT SHE WAS STANDING INSIDE THE BAR WI * FRIEND OF HERS WHEN A SHORT , FAT GIRL CAME UP TO HER AND CLAIMEDTHAT nnTTH SHE WAS GOING TO GET HER BECAUSE SHE WAS WITH HER BDYFRIEND, SHE FURTHER STATED THAT AT THAT POINT A TALLER GIRL TOLD HER TO WATCH HER BACK AND WHEN SHE ASKED HER WHAT SHE DID, THE GIRLS DIDN ' T SAY ANYTHING THE VICTIM THEN TOLD THE TWO FEMALES THAT THE GUY SHE WAS AT WITH IS ANYTHING , FRIEND, AND THAT SHE WAS GOING OUT WITH A FR![�@UUF HIS. TO ' ' THE SHORTER GIRL GRABBED HER BY THE HAIR AND KNOCKED H x HER THAT POINT , AT SOME POINT DURING THE CONFRONTATION BETWEEN THE THREE THE GROUND. AT CLAIMS THAT THE TALL GIRL KICKED HER ON THE SIDE OF HER FACE, AND��THAT ONE OF THEM SCRATCHED HER, BUT SHE WASN ' T SURE. AFTER A BRIEF STRUGGLE ON THE DANCE FLOOR, THEY WERE SEPARATED BY THE SECURITY GUARDS AND THROWN OUT OF THE BAR. I DID OBSERVE THE LISTED INJURY TO THE RIGHT SIDE OF THE VICTIM ' SFACE , �� AND AT THAT TIME, I REQUESTED ONE UNIT FROM THE TOWN AREA TO RESPOND AS RACK UP ., ALISIA GARCIA WAS ABLE TO POINT OUT THE TWO FEMALES WHO ASSAULTED HER, AND UPON MY CONTACTING THEM, I IDENTIFIED THEM AS THE DEFENDENT6" u[uN THE ARRIVAL OF OFFICER STOVER FROM THE FIRESTONE POLICE DFPARTMENT ,TIAT OBTAINED A WRITTEN STATEMENT FROM ALISIA GARCIA AND AFTER INSURING C/CHIC SHE DID NOT NEED MEDICAL ASSISTANCE, AND CLEARING HER THROUGH NCI C , I RELEASED HER WITHOUT FURTHER INCIDENT . WITH THE ASSISTANCE OF OFFICER STOVFR, I THEN CONTACTED G LUPEMEDRANDAND MONICA CHAVEZ AND ADVISED THEM OF THE COMPLAINT. THEY BOTH ADVISED TnA / THE ALLED�ED VICTIM HAD rNSTIGATED THE BRAWL BY PULLING ON MONICA ' S *In AND THAT THEY WERE JUST DEFEND ING THEMSELVES. HOWEVFR, I ALSO FOUND H w WITNESS, A FERNANDn FAVILA, WHO ADVISED ALISIAHE HAD OG5Ex yED ALS / HEc ONE gF INCIDENT , AND AT NO POINT DID ME SEE ALISIA AMC ST RIKE/ x^K EITHER. ` .` ���� �� �mm�� ��� PTXT PAGE NO.0004 WC0076 ST60 11-15-A99+ :o:=, ^�-- ~-- . THESE DFMENDENTS BASED ON THE STATEMENTS OF THE VICTIM AND THE WITNESS I ISSUED MONICA CHAVEZ A CRIMINAL SUMMONS FOR THIRD DEGREE ASSAULT ' (SUMMONS NUMBER 6641 ) AND ISSUED A SUMMONS TO LUPE MEDRANO FOR THIRD DEGREE ASSAULT (SUMMONS NUMBER 6642) . BOTH SUMMONSES ARE FOR THE 5TH DAY OF JANUARY, 1995 AT 9;00 AM" BOTH THE DEFENDENTS WERE CLEARED THROUGH NCIC/CCIC AND WERE RELEASED WITHOUT FURTHER INCIDENT . NO FURTHER ACTION TAKEN BY THIS OFFICER. '__-___________________________________________________+ +-------------'- ! � | | THIS IS THE END OF THIS REPORT � | -------------- _'__________________________~_'_________ +--------------- ----'-....-....... ---- ... ....................--------------------------------------------------------------- Report Approved Bv: WC0o30 ���� �� ���� �w� � PTXT PAGE NO.0001 GP0803 RM92 11-29-1994 07 :20 WELD COUNTY WC9404987 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-4987 Crime/Incident: DISORDERLY CONDUCT N/C: DISORD F/M: M Addl Offense FM: Date reported : 112494 Time Rpt: 2315 Clearing case #: Connecting cases : + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 112494 F/T: 2243 Loc: 3101 HWY 119 I IT/Date: T/T: Case status: CLEARED IDEP: WO0076 PROFITT, MARK T CASE STATUS AND MISC DATA IDrugs/Alcohol: Y Domestic Viol: Evidence/Photos: ITot Prop Stolen: Prop Rcvd: Prop Damg: I (Extent Injuries : SMALL LUMP AND BRUISING LEFT EYE/SEPERATED SHOULDER I +************************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: * ****************************DATA FOR PERSON INVOLVED AS A: REP *** *Name: GONZALES, SANDRA L DOB: * *Addr: 103 N CARTER LAKE Phone: 5930426 H/B: H * *City: LOVELAND St: CO Zip: 80537 OLN: OLS: * *Sex: F Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * * *Addl Desc Info: * * f" A m # 1 tt 1�.. - do Cht„- „,„ 9501T5 PTXT PAGE NO.0002 GP0803 RM92 11-29-1994 07 :20 WELD COUNTY WC9404987 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITE **** *Name: CONTRERAS-VALDEZ, CANDELARIO DOB: 012862 *Addr: 860 W 132ND #310 * Phone: 2809851 *City: DENVER St: CO Zip: 80234 OLN: LS: H * O *Sex: M Rac: W Eth: Hgt: 610 Wgt: 210 Hai: BLK Eye: BRO SS: LS: * *Occupation: Bus Addr: BusTX: * * CITE/LOCATION/VEHICLE INFORMATION *Cite#: WC6644 Date: 112494 Time: 2250 DR: WC944987 DEP: WC0076 * *Location: 3101 HWY 119 Accident: * *Lic Number: Lic ST: Lic Yr: VIN: *V-yr: V-make: V-model: V-style: V-color: * *Court Date: 012495 Court Time: 0900 *VIOL-1 : 189106 DISORDERLY CONDUCT * *VIOL-2: *VIOL-3 : *VIOL-4 : * BOOKING DETAILS *Sc/Mrk/TT: State of Birth: * *Charge: 189106 DISORDERLY CONDUCT FILL: *F/M: M Is There Addl Chgs: N Booking Date: 112494 Book Time: 2250 * *DUI BAL: BOOK NO: Warrant # : W/ORI: * *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITE **** *Name: GONZALES, JOHNNY JR DOB: *Addr: 103 N CARTERE LAKE * *City: LOVELAND Phone: 5930426 OLS: H * St: CO Zip: 80537 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: 509 Wgt: 170 Hai: BLK Eye: BRO SS: * *Occupation: Bus Addr: BusTX: * * TION + *Cite# : WC6643 CITE/LOCATION/VEHICLE 112494VETime: 22501DR: WC944987 DEP: WC0076 * *Location: 3101 HWY 119 Accident: * *Lic Number: Lic ST: Lic Yr: VIN: *V-yr: V-make: * V-model: V-style: V-color: * *Court Date: 012495 Court Time: 0900 *VIOL-1 : 189106 DISORDERLY CONDUCT * *VIOL-2 : *VIOL-3: *VIOL-4 : * BOOKING DETAILS *Sc/Mrk/TT: * State of Birth: FILL: * *Charge: 189106 DISORDERLY CONDUCT *F/M: M Is There Addl Chgs: N Booking Date: 112494 Book Time: 2250 * *DUI BAL: BOOK NO: Warrant # : W/ORI: * *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK 950175 PTXT PAGE NO.0003 GP0803 RM92 11-29-1994 07:20 WELD COUNTY WC9404987 ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITE **** *Name: GONZALES, JESUS DOB: *Addr: 860 W 132ND #310 Phone: 2809051 H/B: H * *City: DENVER St: CO Zip: 80234 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: 501 Wgt: 158 Hai: BLK Eye: BRO SS: *Occupation: Bus Addr: BusTX: * CITE/LOCATION/VEHICLE INFORMATION + *Cite# : WC6645 Date: 112494 Time: 2250 DR: WC944987 DEP: WC0076 * *Location: 3101 HWY 119 Accident: *Lic Number: Lic ST: Lic Yr: VIN: *V-yr: V-make: V-model: V-style: V-color: *Court Date: 012495 Court Time: 0900 *VIOL-1: 189106 DISORDERLY CONDUCT *VIOL-2: *VIOL-3 : *VIOL-4 : * BOOKING DETAILS *Sc/Mrk/TT: State of Birth: FILL: *Charge: 189106 DISORDERLY CONDUCT *F/M: Is There Addl Chgs: Booking Date: 112494 Book Time: 2250 * *DUI BAL: BOOK NO: Warrant #: W/ORI : *Arresting DEP: WC0076 PROFITT, MARK T *: CRM : CITE : BOOK + CRIMINAL CHARGE/PROBABLE CAUSE SUMMARY + : RECEIVED A REPORT OF AN ASSAULT THAT HAD JUST OCCURED AT THE EL ROJO BAR, 3101 HWY 119, COUNTY OF WELD, STATED OF COLORADO. UPON ARRIVAL CONTACTED PARTIES INVOLVED AND BASED ON CONFLICTING STORIES ON WHO STARTED THE FIGHT AND WHO WAS INVOLVED ISSUED THE THREE SUSPECTS SUMMONSES FOR DISORDERLY CONDUCT. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + [ ITEM NO: 1 DESC: SUMMONS # WC6643,6644,6645 1 ( ITEM NO: DESC: 1 ( ITEM NO: DESC: 1 ( ITEM NO: DESC: 1 + DEPUTIES/OFFICERS ON SCENE AT INCIDENT + OFFICER BRIAN SCAGGS/DACONO POLICE DEPARTMENT OFFICER TODD MORRIS/FREDERICK POLICE DEPARTMENT NARRATIVE/FACTS: AT THE LISTED TIME AND DATE I WAS DISPATCHED TO AN ASSAULT THAT HAD JUST OCCURRED AT THE EL ROJO BAR AT THE LISTED ADDRESS. DISPATCH FURTHER ADVISED THAT THE REPORTING PARTY WAS THE WIFE OF THE INDIVIDUAL WHO HAD 950175 PTXT PAGE NO.0004 GP0803 RM92 11-29-1994 07 :20 WELD COUNTY WC9404987 ALLEGEDLY BEEN ASSAULTED AND THEY PROVIDED THE INFORMATION THAT SECURITY WAS ATTEMPTING TO HOLD THE OTHER INDIVDUALS AND THERE WAS A FIGHT GOING ON AT THE BAR BECAUSE OF THIS. UPON MY ARRIVAL I CONTACTED JOHNNY GONZALES JR. AND HIS WIFE SANDRA GONZALES. I OBSERVED THE LISTED INJURY ON JOHNNY GONZALES JR. JOHNNY GONZALES JR. STATED THAT AS HE AND HIS WIFE WERE LEAVING THE BAR THEY WERE WALKING ACROSS THE DANCE FLOOR WHEN HE ACCIDENTLY BUMPED INTO A INDIVDUAL, WHO I LATER IDENTIFIED AS JESUS GONZALES, AND THAT HE SAID EXCUSE ME. JOHNNY GONZALES JR. STATED THAT WHEN HE TO AL E UP STATED ASKED EXCUSE THAT A BIGGER INDIVIDUAL CAME UP AND MADE SOME THREATENING COMMENTS AND SHOVED HIM TO THE GROUND. HE FURTHER STATED THAT AT THAT POINT THREE OTHER GUYS JUMPED ON TOP OF HIM AND BEGAN KICKING HIM AND HITTING HIM. HE FURTHER STATED THAT HE WORKS AS A SECURITY GUARD AT THE BAR, HOWEVER HE HAS TONIGHT OFF. SANDRA GONZALES COABERATED THE STATEMENT OF HER HUSBAND AND WENT ON TO SAY THAT HE DID NOT AT ANY TIME INSTIGATE THIS AND THAT THE OTHER FOUR INDIVIDUALS HAD ATTACKED HIM. I THEN CONTACTED CANDELARIO JOHNNY GONZALES JR. RUN GONZALESINTO CJESUS ASTATED THAT HAD HE SEEN AND THENASKEDJESUS GONZALES IF THERE WAS A PROBLEM. HE FURTHER STATED THAT AT THAT TIME JOHNNY GONZALES JR. ALLEGEDLY PUSHED JESUS GONZALES AND THAT HE, CANDELARIO CONTREAS-VALDEZ, INTERVENED TO PROTECT JESUS GONZALES. HE STATED THAT THEY DID GO TO THE GROUND BUT THAT THEY WERE THEN SEPARATED BY THEDS ND HE ALSOED IDE.STATEDATHATARIO IT WASNJUSTS LDEZ THE THREE OF THEM AND HE DOESN'T KNOW WHERE JOHNNY OR SANDRA GONZALES CAME UP WITH THE OTHER TWO INDIVIDUALS. I THEN CONTACTED JESUS GONZALES WHO STATED THAT HE WAS STANDING NEXT TO THE DANCE FLOOR WHEN JOHNNY GONZALES JR. PUSHED HIS WAY PAST HIM POSSIBLY SEPARATING HIS LEFT SHOULDER. JESUS GONZALES WAS COMPLAINING THAT HIS SHOULDER WAS HURTING HIM AND THAT WHEN HE ASKED JOHNNY GONZALES JR. WHAT WAS WRONG, JOHNNY GONZALES JR. ASKED HIM IF HE HAD A PROBLEM AND THEN PUSHED HIM. HE SAID THAT CANDELARIO CONTREAS-VALDEZ HAD SIMPLY INTERVENED ON HIS PART DUE TO THE FACT THAT HE WAS MUCH SMALLER THAN JOHNNY GONZALES JR. ALL THREE OF THE SUSPECTS WERE CLEARED THROUGH NCIC CCIC. I ALSO ASKED OFFICERS NORRIS AND SCAGGS TO GO INTO THE BAR WITH JOHNNY GONZALES JR. AND SANDRA GONZALES AND TRY TO FIND THE OTHER TWO INDIVIDUALS THAT THEY BELIEVED WERE INVOLVED IN THIS. THEY BROUGHT OUT TWO INDIVIDUALS WHO STATED THAT THEY HAD SIMPLY BEEN SITTING ON A TABLE WHEN ALL OF A SUDDEN BODIES STARTED CRASHING ONTO THE TABLE AND THAT ALL THEY HAD DONE WAS SIMTHEPLY OVERALLD TO INFOPICK RMATIONEM UP I DIDAND NOTFIND OUT WHAT WAS BELIEVE THAT THESEOING TWO ON. INDIVBASED SON WERE INVOLVED IN THE FIGHT AND THEREFORE DID NOT CITE THEM FOR DISORDERLY CONDUCT. BASED ON THE CONFLICTING STORIES OF THE FOUR INDIVIDUALS I ISSUED SUMMONS' S FOR DISORDERLY CONDUCT, CRS189106 SECTION 1D IN THAT THREE DID IN ETFALCOURTODATELY OFFIGHT IN A PUIC JANUARY 25THB,L1995 ATE9TO AM. I; THE EL EXPLAINEDOJO BAR. THE 950175 PTXT PAGE NO.0005 GP0803 RM92 11-29-1994 07 :20 WELD COUNTY WC9404987 SUMMONS' S TO ALL THREE INDIVIDUALS AND ADVISED THEM THAT BY SIGNING THEY WERE NOT ADMITTING GUILT JUST THAT THEY WERE PROMISING TO APPEAR. ALL THREE DID SIGN THEIR SUMMONS' S AND AFTER GIVING THEM A COPY OF THEIR SUMMONS I RELEASED THEM WITHOUT FURTHER INCIDENT. IT SHOULD BE NOTED THAT JOHNNY GONZALES JR. HAD A STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH AND THAT CANDELARIO CONTREAS-VALDEZ HAD A MODERATE ODOR. I BASED THE STRENGTH OF THE ALCOHOLIC BEVERAGE ON THEIR BREATH DUE TO THE FACT THAT I WAS TALKING TO THEM OUTSIDE FROM STILLLX ABLE ETO SMELL OTHE RODOR EE EON THE ET YBREATH AND V BREEZEEN WITH A SLIGHT OF JOHNNY GONZALES JR. I DID HAVE TO STAND A LITTLE BIT CLOSER TO CANDELARIO CONTREAS-VALDEZ IN ORDER TO SMELL THE ODOR ON HIS BREATH. A COPY OF THIS REPORT BE FORWARDED TO BRUCE BARKER AT THE WELD COUNTY ATTORNEY' S OFFICE FOR PLACEMENT INTO THE BAR FILE FOR THE EL ROJO BAR. NO FURTHER ACTION TAKEN BY THIS OFFICER. + I THIS IS THE END OF THIS REPORT I I I + Report Approved By: WC0018 950175 PTXT PAGE NO. 0001 GP0803 RM92 12-15-1994 09 :44 WELD COUNTY WC9405125 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-5125 Crime/Incident: DISTURBANCE N/C: OTHER F/M: Addl Offense F/M: Date reported : 120494 Time Rpt: 0140 Clearing case # : Connecting cases: + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 120494 F/T: 0135 Loc: 1301 HY119 IT/Date: T/T: Case status : CLEARED IDEP: WC0076 PROFITT, MARK T CASE STATUS AND MISC DATA IDrugs/Alcohol : Y Domestic Viol: Evidence/Photos : I ITot Prop Stolen: Prop Rcvd: Prop Damg: lExtent Injuries : +************************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: + SYNOPSIS OR NARRATIVE + : FIGHT OCCURRED IN THE PARKING LOT OF THE EL ROJO BAR AT THE LISTED LOCATION WITH 8 TO 10 PEOPLE INVOLVED. NIGHTIME IN A LIT PARKING LOT. ALCOHOL WAS INVOLVED. NARRATIVE/FACTS: WHILE CONDUCTING A BAR CHECK AT THE EL ROJO BAR I WAS WALKING THROUGH THE PARKING LOT ON THE EAST SIDE OF THE BAR WHEN I OBSERVED APPROXIMATELY 8 TO 10 HISPANIC MALE INDIVIDUALS PUSHING AND SHOVING ONE ANOTHER IN THE BAR PARKING LOT. I REQUESTED BACK UP DUE TO THE NUMBER INVOLVED AND INTERVENED TO PREVENT ANY INJURIES OR FURTHER FORCE ON THE PART OF THE FIGHTERS. I WAS ABLE TO GET THE COMBANTANTS SEPARATED THROUGH VERBAL COMMANDS AND MY PRESENCE AND WAS ABLE TO GET THEM CALMED DOWN. AS THERE WAS NO INJURIES OR PROPERTY DAMAGE INVOLVED I INSTRUCTED THE PARTIES TO LEAVE THE PARKING LOT AND GO HOME. IT SHOULD BE NOTED THAT A NUMBER OF THE COMBATANTS HAD BEEN DRINKING INSIDE THE BAR AND THAT APPARENTLY THE ARGUMENT STEMMED OVER ONE OF THEM OPENING A CAR DOOR INTO THE BODY OF THE GIRLFRIEND IN ANOTHER CAR. ALL PARTIES LEFT PRIOR TO THE ARRIVAL OF MY BACKUP AND NO NAMES WERE OBTAINED DUE TO THE NATURE a >' Use c t = is r DO NO3 Dialri 'i !'e , ! e 950175 PTXT PAGE NO. 0002 GP0803 RM92 12-15-1994 09:44 WELD COUNTY WC9405125 OF THE DISTURBANCE. NO FURTHER ACTION TAKEN BY THIS OFFICER. 1 1 THIS IS THE END OF THIS REPORT 1 + Report Approved By: WC0065 HAFFNER, EDWARD L 950175 E NO. 0001 GP0803 RM92 12-15-1994 09:44 WELD COUNTY WC9404917 COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-4917 /Incident: INFORMATION ITEM N/C: MISC F/M: M Offense F/M: reported : 112094 Time Rpt: 0200 Clearing case # : cting cases : WC94-4916 INCIDENT DATE-TIME-AND LOCATION + e: 112094 F/T: 0155 Loc: 1 e: T/T: Case status: CLEARED WC0113 ESCH, WILLIAM CASE STATUS AND MISC DATA /Alcohol: Domestic Viol: Evidence/Photos: 1 rop Stolen: Prop Rcvd: Prop Damg: 100 1 it Injuries: 1 *******************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ MONTES-RODRIGUEZ , LUIS DOB: * 4513 WCR 32 Phone: 6517904 H/B: B * LONGMONT St: CO Zip: 80504 OLN: R89607 OLS: CO* M Rac: H Eth: H ,ation: FARMHAND Bus Addr: 4513 WCR 32 BusTX: **********************DATA FOR PERSON INVOLVED AS A: SUBJECT *** CLAYTON, BRENT ERIC DOB: * 2781 BASSWOOD ST Phone: 4660244 H/B: * FEDERAL HEIG St: CO Zip: 80221 OLN: L412716 OLS: CO* M Rac: W Eth: Hgt: 509 Wgt: 150 Hai: BRO Eye: BRO SS: )ation: SECURITY Bus Addr: 3101 HWY 119 BusTX: 7763770 * GUARD LONGMONT CO 80504 Desc Info: EL ROJO BAR * SYNOPSIS OR NARRATIVE + ['HE VICTIM LUIS MONTES-RODRIGUEZ STATED THAT SUBJECT CLAYTON BROKE \SSENGER SIDE WINDOW TO HIS VEHICLE. �T CLAYTON STATED THAT WHILE ACTING AS A SECURITY GUARD, HE WAS )E IN THE PARKING LOT AND SUBJECT LUIS MONTES-RODRIGUEZ DROVE AT ETH HIS VEHICLE AND HIT HIS LEFT SHIN CAUSING PAIN. SUBJECT )N STATED THAT AFTER LUIS MONTES-RODRIGUEZ HIT HIS LEG THAT HE WENT PASSENGER SIDE DOOR WHICH WAS CLOSEST TO HIM AND TRIED TO TELL 3OPLE TO STOP WHAT THEY WERE DOING AND TO GET OUT OF THE VEHICLE TALK TO HIM ABOUT IT. SUBJECT CLAYTON STATED THAT HE GRABBED THE 95_ 6L Lit.) (.,I( ; 950175 ?TXT PAGE NO. 0002 GP0803 RM92 12-15-1994 09 :44 WELD COUNTY WC9404917 TOP OF THE WINDOW WHICH WAS PARTIALLY ROLLED DOWN AND IN DOING SO THE WINDOW BROKE. SUBJECT CLAYTON STATED THAT HE DID NOT INTENTIONALLY PLAN ON BREAKING THE WINDOW BUT IT WAS JUST A REACTION TO HIS BEING HIT BY THE VICTIM' S VEHICLE. + DATA REGARDING A VEHICLE INVOLVED AS A: VICTIMS --- Date: 112094 Lic: WLU961 LIS: CO LIY: 95 LIT: PC Vyr : 80 Vma: BUIC Vmo: Vst: 4D Vco: BRO Val : VIN: 4C697AW280735 Stored: DEP: WC0113 Tow: N 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: OWNER **** *Name: MONTES-RODRIGUEZ, LUIS DOB: 082469 Sex: M Rac: H *Addr: 4513 WCR 32 Phone: H/B: *City: LONGMONT St: CO Zip: 805040LN: R89607 OLS: CO NARRATIVE/FACTS: I WAS ON ROUTINE PATROL AND STOPPED AT THE EL ROJO BAR FOR A BAR CHECK. UPON ARRIVAL I NOTICED A LARGE GATHERING OF PEOPLE JUST OUTSIDE THE MAIN ENTRANCE IN THE PARKING LOT CLOSEST TO THE STREET. UPON CONTACTING THE PARTIES THE SECURITY GUARD BRENT CLAYTON ADVISED ME THAT HE HAD BEEN STRUCK BY SUBJECT LUIS MONTES-RODRIGUEZ WITH HIS VEHICLE. SUBJECT CLAYON ADVISED THAT AFTER BEING STRUCK WITH THE VEHICLE HE WALKED AROUND TO THE PASSENGER SIDE DOOR AND TRIED TO COMMUNICATE WITH THE PEOPLE AND THAT THEY REFUSED TO STOP AND LISTEN TO HIM. SUBJECT CLAYON STATED THAT HE GRABBED THE WINDOW WHICH WAS PARTIALLY DOWN AND THAT THE WINDOW INADVERTENTLY BROKE. SUBJECT CLAYTON STATED HE DID NOT INTEND TO BREAK THE WINDOW BUT WAS JUST TRYING TO GET THE PEOPLE ' S ATTENTION IN THE VEHICLE. THE DRIVER OF THE VEHICLE LUIS MONTES-RODRIGUEZ WAS ISSUED A SUMMONS #8954 IN REFERENCE TO CR WC94-04916. THIS CR NUMBER IS IN THE CASE OF HAVING TO FILE CHARGES ON SUBJECT CLAYTON FOR BREAKING THE WINDOW OF THE VEHICLE. NO FURTHER ACTION AT THIS TIME BY THIS OFFICER. THIS IS THE END OF THIS REPORT 950175 PTXT PAGE NO. 0003 GP0803 RM92 12-15-1994 09:44 WELD COUNTY WC9404917 Report Approved By: WC0018 950175 PTXT PAGE NO. 0001 GP0803 RM92 12-15-1994 09:41 WELD COUNTY WC9404916 + + WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC94-4916 Crime/Incident: 3RD DEG ASSAULT N/C: ASLTS F/M: M Addl Offense F/M: Date reported : 112094 Time Rpt: 0200 Clearing case # : Connecting cases: + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 112094 F/T: 0155 Loc: 3101 HWY 119, LONGMONT IT/Date: T/T: Case status : CLEARED 'DEP: WC0113 ESCH, WILLIAM + + CASE STATUS AND MISC DATA IDrugs/Alcohol: Domestic Viol: Evidence/Photos: ITot Prop Stolen: Prop Rcvd: Prop Damg: I ' Extent Injuries: SLIGHT ABRASION TO LEFT SHIN +************************DATA FOR A PERSON INVOLVED AS A: VICTIM ***+ *Name: CLAYTON, BRENT ERIC DOB: * *Addr: 2781 BASSWOOD ST Phone: 4660244 H/B: H * *City: FEDERAL HTS St: CO Zip: 80221 OLN: OLS: * *Sex: Rac: Eth: * *Occupation: SECURITY GD Bus Addr: 3101 HWY 119 BusTX: 7763770 * ********CITE AND BOOK DATA FOR PERSON WHO INVOLVMENT IS: CITED **** *Name: MONTES-RODRIGUEZ, LUIS DOB: * *Addr: 4513 WCR 32 Phone: H/B: * *City: LONGMONT St: CO Zip: 80504 OLN: R89607 OLS: CO* *Sex: M Rac: H Eth: H Hgt: 507 Wgt: 157 Hai: BLK Eye: BRO SS: * *Occupation: FARMHAND Bus Addr: 4513 WCR 32 BusTX: 6517904 * * CITE/LOCATION/VEHICLE INFORMATION + *Cite# : WC8954 Date: 112094 Time: 0155 DR: WC944916 DEP: WC0113 * *Location: 3101 HWY 119 Accident: * *Lic Number: WLU961 Lic ST: CO Lic Yr: VIN: 4C697AW280735 * *V-yr: 80 V-make: BUIC V-model: V-style: 4D V-color: BRO * *Court Date: 122294 Court Time: 0900 * *VIOL-1 : 183204 ASSAULT IN THE THIRD DEGREE *VIOL-2 : *VIOL-3: *VIOL-4 : * BOOKING DETAILS * *Sc/Mrk/TT: State of Birth: FILL: * *Charge: 183204 ASSAULT IN THE THIRD DEGREE *F/M: M Is There Addl Chgs : NO Booking Date: 112094 Book Time: 0155 * *DUI BAL: BOOK NO: Warrant # : W/ORI : * *Arresting DEP: WC0113 ESCH, WILLIAM * : CRM : CITE : BOOK } i _ DO 950175 PTXT PAGE NO.0002 GP0803 RM92 12-15-1994 09 :41 WELD COUNTY WC9404916 ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: GONZALES, JOHN DOB: * *Addr: PO BOX 7755 Phone: 5930426 H/B: H * *City: LOVELAND St: CO Zip: 80537 OLN: OLS: * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY GD Bus Addr: 3101 HWY 119 BusTX: 7763770 * * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: GONZALES, VIRGIL DOB: *Addr: 424 BAKER ST Phone: 6783766 H/B: H * *City: LONGMONT St: CO Zip: 80501 OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY GD Bus Addr: 3101 HWY 119 BusTX: 7763770 * * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: GARSIA, FRANCISCO DOB: *Addr: 3101 HWY 119 Phone: 7763770 H/B: H * *City: St: Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY GD Bus Addr: 3101 HWY 119 BusTX: 7763770 ** * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: MORENO, OSCAR DOB: 032565 *Addr: Phone: H/B: * *City: GILCREST St: CO Zip: OLN: OLS: * * *Sex: M Rac: W Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: SECURITY GD Bus Addr: 3101 HWY 119 BusTX: 7763770 ** * * *Addl Desc Info: * * 950175 PTXT PAGE NO.0003 GP0803 RM92 12-15-1994 09 :41 WELD COUNTY WC9404916 ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: MORALES, AMADO DOB: * *Addr: Phone: H/B: * *City: DACONO St: CO Zip: OLN: OLS: * *Sex: M Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: SECURITY GD Bus Addr: 3101 HWY 119 BusTX: 7763770 * * *Addl Desc Info: * * * * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: GONZALES, MICHELLE DOB: * *Addr: Phone: 5930070 H/B: H * *City: St: Zip: OLN: OLS: * *Sex: F Rac: H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * * * ****************************DATA FOR PERSON INVOLVED AS A: WITNESS *** *Name: MACIAS, PHILLIPPE DOB: * *Addr: Phone: 6672848 H/B: H * *City: St: Zip: OLN: OLS: * *Sex.: M Rac: •H Eth: H Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * * + SYNOPSIS OR NARRATIVE + : I STOPPED IN AT THE EL ROJO BAR ON ROUTINE PATROL AT APPROXIMATELY 0200 HOURS. UPON ARRIVAL I NOTICED A LARGE GROUP OF PEOPLE THAT APPEARED TO BE ARGUING, STANDING IN THE SOUTHWEST CORNER OF THE PARKING LOT CLOSEST TO THE FENCE LINE WHICH BORDERS THE HIGHWAY 119. UPON CONTACTING THE PEOPLE THERE, THE VICTIM, SECURITY GUARD BRENT CLAYTON, STATED THAT THE SUSPECT HAD BEEN DRIVING A VEHICLE, AND THE VEHICLE BUMPED HIS LEFT LEG CAUSING HIM PAIN. THE VICTIM, CLAYTON, STATED THAT HE BELIEVED IT WAS AN INTENTIONAL ACT, BECAUSE THE SUSPECT HAD BEEN INSTRUCTED NOT TO COME BACK IN THE BAR AGAIN AFTER PREVIOUSLY BEING TOLD TO LEAVE. THE SUSPECT STATED THAT HE DID NOT MEAN TO RUN INTO THE SECURITY GUARD AND THAT IT WAS JUST AN ACCIDENT, BECAUSE HE HAD PROBLEMS WITH HIS TRANSMISSION. I ACCOMPANIED THE SUSPECT OVER TO HIS VEHICLE AND INSTRUCTED HIM TO SHOW ME HOW HIS TRANSMISSION WORKED. THE TRANSMISSION WAS AN AUTOMATIC TRANSMISSION, AND WHEN HE WENT FORWARD AND REVERSE IT OPERATED CORRECTLY 950175 PTXT PAGE NO.0004 GP0803 RM92 12-15-1994 09:41 WELD COUNTY WC9404916 WITH NO APPARENT SIGNS OF MALFUNCTION. BASED ON THE STATEMENT FROM THE VICTIM CLAYTON AND THE APPARENT GOOD OPERATING CONDITION OF THE VEHICLE, I ISSUED THE SUSPECT A SUMMONS FOR THIRD DEGREE ASSAULT BASED ON THE VERY MINOR INJURIES SUSTAINED BY THE VICTIM AND THE POSSIBILITY THAT THE VICTIM HAD JUST CARELESSLY STEPPED IN FRONT OF THE VEHICLE. + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT + IITEM NO: 1 DESC: COPY OF SUMMONS WC8954 IITEM NO: DESC: IITEM NO: DESC: IITEM NO: DESC: I I THIS IS THE END OF THIS REPORT i + Report Approved By: WC0018 950175 Hello