STATEMENT OF PROBABLE CAUSE, cont.

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

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

DPD 287A (10/01)