On September 16, 2018, multiple victims were shot near a taco truck at 15th and Market Street in Denver, Colorado. Two victims were transported to the hospital, including Nickie Rico who was shot in the hand. Video evidence showed Armando Durete, who was taken into custody, placing a handgun behind a pillar after the shooting. Shell casings from two guns were recovered from near the taco truck. Rico was found shot next to his car, which contained two handguns. Durete invoked his right to a lawyer during questioning. Detective Smith believes there is probable cause to charge Rico with murder and assault based on the evidence collected.
On September 16, 2018, multiple victims were shot near a taco truck at 15th and Market Street in Denver, Colorado. Two victims were transported to the hospital, including Nickie Rico who was shot in the hand. Video evidence showed Armando Durete, who was taken into custody, placing a handgun behind a pillar after the shooting. Shell casings from two guns were recovered from near the taco truck. Rico was found shot next to his car, which contained two handguns. Durete invoked his right to a lawyer during questioning. Detective Smith believes there is probable cause to charge Rico with murder and assault based on the evidence collected.
On September 16, 2018, multiple victims were shot near a taco truck at 15th and Market Street in Denver, Colorado. Two victims were transported to the hospital, including Nickie Rico who was shot in the hand. Video evidence showed Armando Durete, who was taken into custody, placing a handgun behind a pillar after the shooting. Shell casings from two guns were recovered from near the taco truck. Rico was found shot next to his car, which contained two handguns. Durete invoked his right to a lawyer during questioning. Detective Smith believes there is probable cause to charge Rico with murder and assault based on the evidence collected.
On September 16, 2018, multiple victims were shot near a taco truck at 15th and Market Street in Denver, Colorado. Two victims were transported to the hospital, including Nickie Rico who was shot in the hand. Video evidence showed Armando Durete, who was taken into custody, placing a handgun behind a pillar after the shooting. Shell casings from two guns were recovered from near the taco truck. Rico was found shot next to his car, which contained two handguns. Durete invoked his right to a lawyer during questioning. Detective Smith believes there is probable cause to charge Rico with murder and assault based on the evidence collected.
Name of Arrested Party Nickie Rico Date of Birth 12/11/81 Date and Time of Arrest 09/17/18 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 224 a.m. p.m. at the location of 1500 block 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 1*murder-exteme ineiff.18-2-101 Att Colorado Revised Statutes; Violation 1st*murder-18-3-202 agg assault
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/Suspect, Nickie Rico, dob: 12/11/81, was shot in the left hand and possibly the shoulder, 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 witness . 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.
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 15 th Street. A Taco Truck is parked on the street in front of this parking lot. 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. That 9mm handgun recovered appeared as if it had been fired until the magazine was empty because the slide was locked to the rear and the magazine was empty.
Spent 9mm and 45 caliber shell casings are recovered from the street and sidewalk directly in front of the PF Chang parking lot, near the Taco truck parked on the street. More 45 caliber shell casings are found on the opposite side of the street. The evidence suggests that a gun battle ensued with an unknown black male across the street from the Taco Truck, and return fire coming from two different guns near the Taco Truck. The victim, was across the street from the Taco Truck when she was hit with gunfire.
Victim/Suspect, Nickie Rico is found next to a Buick Lucerne parked in the same lot. He was suffering from gunshot wounds. A 45 caliber semi-auto handgun is recovered from the front passenger seat of that car, and a 40-caliber hand gun is recovered from underneath that car. No 40 caliber shell casings are found at the scene.
Video evidence indicates after Rico was shot, he got into the front passenger seat of the Buick Lucerne, where the 45-caliber hand gun is found on the passenger seat. That Buick bears VIN #1G4HC5EM8AU121836. That vehicle, a 2010 Buick Lucerne, is registered to Nickie Rico. The handgun on the front passenger seat appears to have blood present.
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.
, , Armando Durete, and Nickie Rico, were all processed by the DPD Crime Lab. GSR was conducted on all three. Photographs and all of their clothing was collected as evidence.
On September 17, 2018, at 9:00 a.m., Detective Smith and Detective Jami Sisneros, responded to DHMC and met with Nickie Rico. Rico declined to make a statement.
With the above aforementioned information, Detective Smith is requesting that probable cause be found to hold the suspect, Nickie Rico 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
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