STATEMENT OF PROBABLE CAUSE, cont.
GS.S.&C.No. 2017-70435 Page of pages
Name of
Arrested Party _Joshua Andrew Cummings Date of Birth 05/05/79
Date and Time of Arrest _01/31/17 11:50 p.m.
Name of Officer Making Statement (Last, First, Middle Initialy Serial No.
Martin J Smith 91016 a
COMPLETE THIS SECTION ONLY IF THIS IS AN ORIGINAL STATEMENT OF
PROBABLE CAUSE
|1am 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 01/31/17
at 11:09 [] a.m. &} p.m. at the location of 16" Street and Wynkoop
in the City and County of Denver, State of Colorado.
[Municipal Code of the City and County of Denver; Violation:
EX] Colorado Revised Statutes; Violation _18-3-102 (1) (a) 1" Degree Murder Class 4 Felony
\Victim/Winess Address Confsental? L) Yes L] No
san ~~ | Business Phone
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Sate, Zp Home Phone
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VICTIM'S FULL NAME AND DATE OF BIRTH ARE MANDATORY.
Viste Last Name Fret
rome Address I Giy
Weaving home, address where visi can be ovaled
On January 31, 2017, at 11:09 p.m., Denver Police Officers responded to 16" Street and Wynkoop on a report
of a shooting. When Officers arrived, they discovered the victim that sustained an apparent gunshot wound to
the head. The victim, dob: was transported by ambulance to DHMC and was
Pronounced dead a short time later.
Witnesses at the scene provided a suspect direction of travel,
Officer Martin Tritschier, 9028, and Randall Krouse, 99059, began searching on foot west of 16” and
Wynkoop. A securlty Officer came out of 1400 Wewatta and advised the Officers that the suspect was captured
on their video surveillance system. Both Officer Tritschler and Officer Krouse went into 1400 Wewatta to view
the video. Both Officers observed the suspect traveling outbound on Wynkoop with a gun in his hand. The
Officers went back outside and continued searching for the suspect. The Officers found the suspect hiding on
€ patio located at 1628 14” Street, Unit B-1. Both Officers recognized the person hiding as the same person
they saw on video running with a gun. The suspect was taken into custody without incident. The suspect had
‘a loaded 9mm handgun in his possession, The suspect was identified as Joshua Cummings, dob: 05/05/1979,
‘A weapon unload was conducted on the suspect gun and it had a live round in the chamber, and seven live
rounds in the magazine. The magazine has an eight-round capacity. All the ammunition in the suspect gun is
FC 9mm Luger ammunition,
One spent shell casing is located at the crime scene, That shell casing is FC Smm Luger.
Detective Smith conducted several video recorded witness interviews at DPD headavarters. One of those
interviews was with ‘states she left a nightclub with ». They were trying to
Catch light ral, but thought they may have missed the last train. They observed the victim walking near 16" ond
Wynkoop. They asked him a question in reference to the light rail said while they were talkina with the
vietim, she observed the suspect approach the victim from behind and place a gun near his neck. said
she heard the suspect say something to the effect of ‘Do what you are told” ‘said she then almost
immediately heard @ gunshot and observed the suspect run off, and the victim fall to the ground. said
the suspect has a swollen face and ifferent'weird looking eyes.said an Officer transported her to look at someone,
Afier the victim was transported by ambulance,
when she saw his swollen face, she told the officers
» said she looked at the person the police had and
she thought that was the man that shot the victim.
The person that ‘identified as the shooter, was the suspect that Officers, Tritschler, and Krouse, took
into custody, Joshua Cummings, 05/05/1979.
above statements made by me ae trve tothe bes of my knowledge and belie.
fnatufe of officer making statement of probable cause
Phebable Cause FOUND Probable Cause NOT FOUND
Commei3: Oo
Printed Name Date & Time of Determination
P2874 (1001)