498 9122013 1804236 People v Ojeda 433 9n22019 ‘Your Affiant, Detective Martin J Smith (91016), has been a Denver Police Officer for 22 years and is currently assigned as a Detective with the Cold Case Unit of the Denver Police Department. On June 14, 1997, Officer Tracy Love (95073) initiated a Kidnapping, Aggravated Assault, Samual Assent, Offease Report in which the victim, SNEED dob: 12/@71981, stated that on June 14, 1997, between 12:00 am. and 2:00 a.m. sho was kidnapped from the area of the 2800 block of Holden Street, Denver, Colorado, and she: was taken to the area of 64° and York Street where she was sexually assaulted and then shot with « handgun by an unknown pasty she described as a Hispanic male, 25-40 years old, 5°10, 200 pounds with brown eyes and long ‘brown heir. ‘The Offense Report notes the following: The victim related that she was walking home from her boyftiead’s house at about 11:50 p.m. ‘When she was about a block away from her house, an older Hispanic male pulled up to her into a blue track: The male suspect pointed a gun at her and told her to get into the track. The victim fot into the truck md drove to an unknown location. The victim related that the suspect dragged her down by a river and sexually and physically assaulted her and shot her once. After the suspect left, the viotim made’ up onto tho highway where she was picked up by a passer-by and ‘transported to the Pilot ‘Truck Stop where the police were called. Ambulance #7 transported the victim to Denver Health Medical Center for treatment of a gunshot wound to the forehead and a neck injury. A sexual sésault exemination was 2ls0 ‘completed. DHMC Doctor Feldhaus completed a “Serious Bodily Injury Report” indicating thi suffered a substantial sink of death fom a pumhot wosed 10 her fend, On June 16, 1997, Detective McDonald met with the victim at DHMC. The victim, Slap, described the suspect to Detective McDonald as a Hispanic male, 6°0, 190-200 pounds, 35-40 years old, long straight brown hair, brown eyes, and three tattoos on his right arm. Hemandez described one of the tattoos as “sad and happy theater masks.” the suspect vehicle as a blue green in color, 1980's full sized pickup with a regular cab, GSES aid it had gray or black vinyl scats. ‘the truck was an automatic and it contained a-case of Corona beer which the suspect was drinking Jimi thought the truck wes possibly a Ford or Chevrolet. {GHEE 101d Deiective McDonald the euspect wes pointing a silver 2” revolver at her. On June 23, 1997, Detective McDonald met with SENG ot DPD headquarters for a recorded interview MEMMEBgave the following account of events: G@@BEBBBsaid on Ime 13, 1997. just before midnight, she left her boyfriend's house at GR Grove Street. Her boyfriend, (RNIN, walked her to Federal Blvd and watched her as she crossed Federal Blvd en route to her house, While walking east in the 2800 block of Holden Street, a truck that was traveling west on Holden Street, pulled up next to her. The suspect got 433 6N1272013 1804235 People v Ojeda 489 en22013434 91272013 494 oni2013 +190R4296 People v Ojeda a ‘hat his boss wanted to pick her up to ses her dead cousin. They ended up at an unknown location near . The suspect demanded SEEM to get out of the truck. The suspect then hit CGR least twice in the head area with the gun and then pushed her down towards the tiver. The suspect took off the victim's clothing and forced her to have vaginal intercourse, id the suspect then ejaculated in her mouth, The suspect then pointed the gun at the victim, and while the victim pleaded for her life, the Suspect pulled the trigger several times. The gun did not fire the first couple of times the surpect pulled the trigger. The suspect continued pulling the trigger and eventutlly shot the victim in the forchead. The suspect thea pulled the victim into the river and threw all of her clothing into the river, Whea the suspect was gone, she crawled out of the river and was crawling up the river basik when the suspect retumed. The suspect assaulted the victim with his fists, and dragged the victim back into the river, The suspect threw rocks at the viotim and then shot at her severe! times, RESETS) again made her way out of the river and made her way to the said she walked for about ten minutes before she was picked up by a car. (On January 15, 1998, Detective McDonald carried this case as Inactive, not cleared. On October 5, 2004, as pert of a Cold Case Review, Detoctive Michael Zimmer (71108) roviewed this case. Detective Zimmer completed a lab request asking that the Rape Kit, a ‘hospital cloth, and saliva samples be reexamined. On August 9, 2013, your Affiant, Detective Martin J Smith received a CODIS Forensic Match Report from the DPD Crime Leb, in reference to this case. The report indicates that the majar male DNA profile from the exteraal swab sperm fraction, resulted in a CODIS hit to Texas convicted offender Ray Ojeda, dob: 04/09/1971, FBI#765063TA7. On August 9, 2013, your Affiant was assigned this case for a follow-up investigation, ‘Your Affiant discovered that many documents and materials pertaining to this case are missing. ‘The only documents contained in this cate file are the four page Detective: conupleted by Detective John McDonald and the four page Cold Case Reviow in 2004. Also included with this case are all of the DNA Lab Reports. The victim's vnitien statement and recorded interview, and all outery witness writen statements are missing ftom this case filo, ‘Your Affiant conducted an NCIC criminal history/records check an Ray Ojeda, dob: 04/09/1971 and discovered that Ojeda is currently cn probation in Texas. Ojeda hes been aseigned FBI number 765063TA7 and Colorado Sinte Identification number 503342. Ojeda has a lengthy criminal history of arrests in Colorado, Texas, and Florida, NCIC records indicate Ojeds lived in Colorado in 1997 at 1500 W. Thornton Parkway @Mlliin Thornton Colorado. On August 9, 2013, Your Affiant contacted Texas Probation Officer Claudia Pina by telephone, Pina advised your ASiant that Ray Ojede, dob: 04/09/1971 is on probation and currently resides 1904295 People v Ojeda enzzo13 434 ania013495 on22013 1304296 People v Ojeda 495 122013 in San Antonio Texas, Pina advised your Affiant thet Carlos Prado is the curreat Probation Officer for Ojeda. On August 9, 2013, your Affiant attempted to contact the victim, ot her inst Iniown address. After no one answered the door, your Affiant called and spoke with ' ‘An appointment was made for a video recorded interview with Hemandez. at DPD Headquarters 9a Monday August 12, 2013, On August 12, 2013, Your Affiant called and apoke with Texas Probation Officer Carlos Prado, Prado confirmed that he is the Probation Officer for Ray Ojeda. Prado advised that Ojeda is currently living st 4235 NNW. Loop 410 #303, San Antonio Texas. Prado isst met with Ojeda in June 2013. On August 12, 2013, your Affiant conducted a video recorded interview with the victim ANID )was provided with a copy of the written synopsis of the Saas recorded interview that was conducted ‘Your Affiant obtained a Colorado DMV photograph of the suspect Ray Ojeda, dob: 04/09/1971. The photograph was captured on 07/01/1996, ‘Your Affiant explained tof MEEEEEN that he was going to show her # photograph of someone ‘and that all your Affiant wanted to know is if she knows the person in the photograph or has this ‘person ever been a consensual sexuel partner. 882% viewed the photograph and she said she does not know the man in the photograph and he has never been a consensual sexual partner of hers, On August 14, 2013, Vour Affiant obtained the entire medical records report from DHMC on in the surgical intensive care unit while being treated for @ gunshot wound to the head and a c-spine injury..A sexual assanlt examination was also conducted on June 14, 1997, ‘Based upon your Affiant’s experience, your Affiant knows that a DNA. profile can be extracted ‘from an individual's saliva or blood. ‘This profile can in turn be compared to the DNA profile extracted ftom evidence found at a scene and evidence collected from a sexual assault rane During the sexual assault examination of the victim, @MMNEES on June 14, 1997, an external vaginal swab was part of the evidence collection. 496 9/1272013 190R4236 People v Ojeda 495 en22019,486 9n1272019 498 97122013 1904235 People v Ojeda 6 On Angust 9, 2013, a Leb Report was received from Forensic Scientist Susan Berdine. The ‘report indicates the DNA profile obtained from the external vaginal sperm fraction presents as a mixture of at least three people. ‘The victim, GME is included as a possible minor contibutor to this mixture. The major source male DNA profile and an interpreted minor DNA ‘Profile from this item have been submitted to CODIS and any matches will be reported. On August 9, 2013, a CODIS Forensic Match Report was received from the DNA Unit of the Denver Police Department Crime Lab. The report indicates the major DNA profile from the external swab sperm faction, resulted in e CODIS match to Texas convicted offender Ray Ojeda, dob: 04/09/1971, FBI #765063TA7. The CODIS hit matches at 13 genetic loci. . The CODIS Match Lab Report indicates the major source DNA profile that identifies Ray Ojeda 1s the contibutor, was obtained from the extemal vaginal sperm fiaction, however, Forensic Sclentist Susan Berdine indicstes the 13 genetic loci match can only be classified as biological ‘material contributed by Ray Ojeda, and no semen or sperm has been detected. Consequently, based upon the above information, your Affiant respectfully requests that « search \Wwarrant be granted allowing your Affiant and his fellow officers to obtain saliva samples from Ray Ojeda, dob: 04/09/1971, FBI #765063TA7, if eis cooperative, or to draw blood from him ‘if he is uncooperative, from which to obtain a confirmation DNA profile for comperison. 1304235 People v Ojeda anaot3 436 122013