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STATEMENT OF PROBABLE CAUSE, cont.

G.S.S. & C. No. 18-635476 Page 1 of pages


Name of
Arrested Party Armando Durete Date of Birth 06/01/83
Date and Time of Arrest 09/16/18 3:00 A.M.
Name of Officer Making Statement (Last, First, Middle Initial) Serial No.
Martin J Smith 91016

COMPLETE THIS SECTION ONLY IF THIS IS AN ORIGINAL STATEMENT OF


PROBABLE CAUSE
I am a police officer for the City and County of Denver, Colorado, and have knowledge regarding the arrest
of the above named party for the below listed offense, which offense occurred on the date of 09/16/18
at 2:24 a.m. p.m. at the location of 1500 Market Street
in the City and County of Denver, State of Colorado.
Municipal Code of the City and County of Denver; Violation:
18-3-102 (1) (d) F-1 1st *Murder -Extreme indiff. 18-2-101
Colorado Revised Statutes; Violation att. 1st * murder- 18-3-202 Agg assauilt

VICTIM’S FULL NAME AND DATE OF BIRTH ARE MANDATORY. Victim/Witness Address Confidential? Yes No
Victim’s Last Name First Middle DOB SSN Business Phone
( )
Home Address City State, Zip Home Phone
( )
If leaving home, address where victim can be located

On September16, 2018, at 3:00 a.m., Homicide Supervisor, Sergeant Joe Engelbert, called Detective Smith and
advised him of a shooting with multiple victims at 15th and Market Street. Detective Smith was advised to respond
to DPD Headquarters.

Detective Smith responded to DPD Headquarters and obtained the following information from personal
observations, interviewing witnesses and reviewing police reports of fellow officers;

Detective Smith was advised that two victims have been shot and both were transported by ambulance to DHMC.
Victim was shot in the torso area and she is in critical condition. Victim Nickie Rico, dob:
12/11/81, was shot in the hand and leg and he is in stable condition.

, , , , and Armando Durete, dob: 06/01/83 were all


taken into custody near 15th and Market Street, and transported to DPD headquarters. Numerous other
witnesses were also transported to Headquarters.

At 5:32 a.m., Detective Jami Sisneros began a video recorded interview with , .
said she was standing near the Taco Truck parked at 15th and Market when she observed a group of
people near the truck arguing. She observed a black male with shoulder length hair with a black gun in his hand.
said she then started hearing gunfire. When Detective Sisneros was asking to describe the
person with a gun, told Detective Sisneros that it was the same person in custody that she saw at DPD
headquarters. Of the three suspects in custody, only Armando Durete, dob: 06/01/83, has shoulder length
braided hair. Durete is wearing a black shirt and dark colored shorts. Durete has shoulder length braided hair.

At approximately 5:45, Detective Smith viewed video surveillance that captures a parking lot and some of the
street at 15th and Market. The parking lot area is next to PF Changs located at 1415 15th Street. The video
captures DPD Officers arriving on scene shortly after the shooting. A male, that appears to be wearing a dark
shirt and dark shorts, is observed placing an object behind a brick pillar in that parking lot. That object was
recovered, and it is a black Smith and Wesson 9mm handgun. Right after the gun is placed behind the pillar,
Officers arrive on scene and Durete is taken into custody.
Victim Nickie Rico is found next to a Buick Lucerne parked in the same lot. He was suffering from gun shot
wounds. A semi auto handgun is recovered from the front seat of that car, and a 40 caliber hand gun is recovered
from underneath that car.

At 8:08 a.m.., Detective Smith met with Armando Durete on the 3rd floor of Denver Police Headquarters. Durete
indicated he was willing to make a statement. Durete told Detective Smith that Nickie Rico is his brother and he
asked how he was doing.

At 8:13 a.m., Detective Smith began a video recorded interview with Armando Durete. After Miranda, Durete
invoked his right to refuse a statement without a lawyer.

, , and Armando Durete, were all processed by the DPD Crime Lab. GSR was
conducted on all three. Photographs and all of their clothing was collected as evidence.

With the above aforementioned information, Detective Smith is requesting that probable cause be found to hold
the suspect, Armando Durete for the charges indicated.

I swear under penalty of perjury that the above statements made by me are true to the best of my knowledge and belief.

Signature of officer making statement of probable cause

Probable Cause FOUND Probable Cause NOT FOUND


Comments:

Signature of Judge/Magistrate Printed Name Date & Time of Determination

DPD 287A (10/01)