Aurora Police Department

Case No. 15-43146

Authored By : Detective Chad Lampson #25639
Defendant : Richard Alan Darling DOB :

DISTRICT COURT, ARAPAHOE COUNTY , COLORADO

Case No.

AFFIDAVIT OF PROBABLE CAUSE FOR ARREST WARRANT

I, Detective Chad Lampson #25639, of lawful age and being first sworn upon oath , state that I have
probable cause for believing that :

Defendant , Richard Alan Darling DOB: , 6’ 02” , 170 pounds , blue eyes, blond hair,
and a White male;

did commit the crime (s ) of :

1. C.R .S. 18-3-102 - Murder in the First Degree - FI

on October 31st, 2015 between the hours of 4:00 p.m . and 10:00 p. m . , within the County of Arapahoe,
State of Colorado and as therefore states as follows:

That this affiant is a Peace Officer with the Aurora Police Department and that the following information
was obtained by me personally, and from the official records of this agency, as well as from documents
received from other law enforcement personnel :

On October 31sl, 2015 , at 11:40 p . m., your affiant was contacted by Sergeant Patrick Smith via telephone
reference a possible homicide in the 1000 to 1200 block of north 1-225 , under the overpass expansion
bridge . This location is in the City of Aurora, County of Arapahoe, and State of Colorado. Your affiant
arrived on scene at 12:40 a . m. on November 1st, 2015 and noted several marked police vehicles blocking
access points, and crime scene tape blocking the entrances and exits to the area. Your affiant advises that
the area under the highway overpass appeared to be an elaborate camp where numerous homeless people
had constructed make-shift dwellings between the concrete support beams of the highway.

Sergeant Patrick Smith , Detectives Todd Fredericksen , Matthew Ingui , Randy Hansen , and your affiant
received a general briefing from Patrol Lieutenant Chad Cerinich . Your Affiant informs the Court that on
October 31 st , 2015, at approximately 10:35 p. m., the Aurora Public Safety Communications received a
911 call for service regarding a homicide. Officers responded to the Metro PCS store located at 11460
East Colfax Avenue, City of Aurora, County of Arapahoe , and State of Colorado. Officers contacted
witness and reporting party Candace Chamberlain DOB: .

Ms. Chamberlain advised that early in the evening on October 31 st , 2015 , sometime between the
approximate timeframe of 4:00p. m. to 6:00p . m . ( while it was still daylight ), Richard Alan Darling DOB :
, had shot a male, later tentatively identified as Rey Pesina DOB: , in the head , and
proceeded to dismember his body with a hatchet . Ms . Chamberlain had met Richard Darling four days
prior, became his girlfriend, and had been sexually intimate with him. Ms. Chamberlain had been in an
intimate sexual relationship for 6 months with Rey Pesina, and they had just broken up approximately one
week ago .

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 Aurora Police Department
Case No. 15-43146
Authored By : Detective Chad Lampson #25639
Defendant : Richard Alan Darling DOB :

A second female was contacted by officers in the 1000 block of the 1-225 underpass , identified as Lenora
Cole DOB : , who claimed to be the wife/girlfriend of Richard Darling. Ms. Cole advised she
and Ms. Chamberlain were both in a sexual relationship with Richard Darling, and the male victim Rey
Pesina was the boyfriend to Ms. Chamberlain . Ms. Chamberlain later travelled back to the underpass and
showed officers the area where the murder took place , and the location of a burning 55- gallon drum.

Ms. Cole advised she had heard that Rey Pesina arrived at the underpass and a physical dispute occurred
between Richard Darling , and Rey Pesina. Rey Pesina made a statement about returning with a gun and
possibly more people. Ms . Cole was not present during the confrontation .

Ms. Cole stated she arrived at the underpass at approximately 6:45 p.m . on October 31s' , 2015 and was
contacted by Richard Alan Darling who directed her to the base of the underpass near the water’ s edge
(Toll Gate Creek runs under the 1- 225 overpass ) . Ms. Cole advised she then observed Richard Darling
repeatedly striking the neck of Rey Pesina’ s torso , which was missing the arms and legs , severing his head
from his torso.

Your affiant informs the Court that Detectives Todd Fredericksen and Matthew Ingui interviewed Ms.
Cole at the Aurora Police Department . Ms. Cole confirmed her earlier statements, further describing the
conversation with Richard Darling where she called him her husband, and he asked her to dispose of the
head he had placed in a white cat litter box in the burn drum located to the east of the torso. Ms. Cole
described Richard Darling as “ fileting” the body, and striking the head with the hatchet after it was severed
from the torso. Ms. Cole advised she did not dispose of the head.

Members of the Aurora Fire Department arrived on scene and extinguished the fire in the 55- gallon drum.
Officer Thomas Faustin , Sergeant Claude Burns , and Sergeant Walter Obrecht noted what appeared to be
human remains inside of the 55 -gallon drum . Sergeant Claude Burns began to search the area directly
northwest of the water’ s edge and he observed a large area of bloodied grass , as well as human remains
to include large chunks of skin and tissue, and a piece of tattooed skin , floating in the water .

Detective Fredericksen interviewed Malcolm Brown DOB: , who advised he saw Mr . Pesina’ s
dead body near the base of the bridge. It was later determined during an interview with witness Chad
Wood DOB: , that Mr . Brown and Mr. Wood had returned to the underpass from a tobacco
store sometime after 4:00p. m., according to the timeframe given by Mr. Wood . Mr . Brown said that
Richard Darling told him, “ I shot him.” Mr. Brown was scared of Richard Darling and feigned that a
Police team had arrived on-scene. Richard Darling then left to “ scout ” the area, so Mr . Brown asked Ms.
Cole for a ride to his mother’ s house. Ms. Cole and Mr. Brown then entered her white Ford Explorer,
later found to be a white, 2000 Ford Explorer bearing Colorado plate 015-QKF, registered to Robert
Gage. Ms. Cole then instead drove Mr. Brown to a local store , where she picked up Richard Darling and
then drove back to the scene. At some point , Mr . Brown reported Richard Darling as asking Ms. Cole to
“ take the gun ,” though Mr . Brown never saw Ms. Cole with a gun. Mr. Brown believed the gun might
possibly be inside the Explorer .

Your affiant and Detective Randy Hansen interviewed Ms . Chamberlain at the Aurora Police Department.
Ms . Chamberlain stated that she had been in an intimate sexual relationship with Rey Pesina for the last
six months. They mutually ended their relationship approximately one week ago, and were on good terms.
Ms. Chamberlain was introduced to Richard Darling through her cousin , Mario Lopez DOB: ,

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 Aurora Police Department
Case No . 15-43146
Authored By: Detective Chad Lampson #25639
Defendant : Richard Alan Darling DOB :

about four days ago. Mr. Lopez was homeless and had been living under the overpass with his girlfriend
and Richard Darling. Ms. Chamberlain stated she recently lost her residence and was now homeless as
well . When she met Richard Darling, she began staying in his dwelling under the overpass with him . Ms.
Chamberlain stated that she had been sexually intimate with Richard Darling one time.

Ms. Chamberlain stated that on the day she met Richard Darling, Rey Pesina was also there. Rey Pesina
was intoxicated and became involved in an altercation with Richard Darling . At that time, Richard Darling
told Rey Pesina to leave. Rey Pesina left , but made threats that he would return with a gun and friends.
Two days later , on October 30th , 2015 , Rey Pesina returned in his vehicle and brought Ms. Chamberlain
some of her belongings . Ms. Chamberlain stated that Rey Pesina was sober this time, and did not come
down to the underpass area . She had gone up to the nearby parking lot of the Ronald McDonald House
located at 932 N. Potomac Circle , Aurora , Arapahoe County, Colorado and met with Rey Pesina there.
She received her belongings and Rey Pesina left the area.

The following day , on October 31st, 2015 , Ms. Chamberlain and Richard Darling were sleeping in Richard
Darling’ s dwelling in the underpass when they were awoken sometime in the afternoon by Rey Pesina.
Richard Darling exited the dwelling and returned a short time later holding a coat . Richard Darling stated
that Rey Pesina had brought Ms. Chamberlain her coat. Ms. Chamberlain stated she exited the dwelling
to thank Rey Pesina . Ms. Chamberlain stated that Rey Pesina was highly intoxicated.

Ms. Chamberlain stated she was then seated and speaking with Rey Pesina when he began pulling on her
hair and stating that Richard Darling had stolen “ his girl .” Rey Pesina and Richard Darling then became
involved in a verbal altercation while Ms . Chamberlain stood between them to keep them apart . Ms.
Chamberlain stated that Rey Pesina punched her in the mouth with a closed fist, causing pain but no visible
injury. Rey Pesina then punched “ around ” Ms. Chamberlain and hit Richard Darling in the face. Ms.
Chamberlain stated that Richard Darling remained calm and at about the same time, her son , her son ’ s
wife, and her son ’ s wife’ s cousin arrived to bring Ms. Chamberlain a plate of food . Ms . Chamberlain’ s
son , Robert Perez DOB: , talked Rey Pesina into leaving the area with him. Again , when Rey
Pesina left , he threatened to return with his friends , guns, and he also threatened to burn the place down
with everyone in it.

Robert Perez later told Detectives Ingui and Fredericksen that when he and his wife left the underpass ,
Rey Pesina also left in his own vehicle. Robert Perez advised that his wife’ s sister, Cara Crouse DOB:
, was with them. When they left, they called 911 to report Rey Pesina as a drunk driver. APD
dispatch received this call at 3:43p . m ., as documented in the CAD notes for CAD call# CP2015-397421.

Approximately 30 to 45 minutes after Rey Pesina left , Ms . Chamberlain was sitting towards the east end
of the underpass with Richard Darling and another male whom they called “ Brother Thomas ” who was
later identified as Thomas Clendenin DOB: . All of a sudden , Richard Darling got up, walked
to the west toward his dwelling , retrieved a rifle, took a squatting-type “ military stance” , and fired two to
three shots. Ms. Chamberlain stated that she and Mr. Clendenin did not know what Richard Darling was
shooting at, and Mr. Clendenin assumed it was rodents. After firing the shots, Richard Darling walked
further to the west and Ms. Chamberlain and Mr. Clendenin followed. Ms. Chamberlain then saw Rey
Pesina lying on the ground. She watched as Richard Darling walked over to Rey Pesina and hit Rey Pesina
in the head several times with the buttstock of the rifle . Ms. Chamberlain demonstrated a downward
thrusting motion to demonstrate how Richard Darling had done this. Mr. Clendenin provided a similar

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 Aurora Police Department
Case No. 15 - 43146
Authored By: Detective Chad Lampson #25639
Defendant : Richard Alan Darling DOB :

account to Detective Fredericksen and said he saw Richard Darling holding a pistol -style gun in his right
hand after the shots were fired.

Ms. Chamberlain stated that both she and Mr. Clendenin were telling Richard Darling to stop . Mr .
Clendenin stated he was going to call 911 , at which point Richard Darling told him not to . Ms.
Chamberlain and Mr. Clendenin were then afraid for their own safety and felt like they were hostages.
They returned to Mr. Clendenin’ s dwelling at the far east end of the underpass and remained there for
approximately two hours, according to Ms. Chamberlain .

Ms. Chamberlain stated at one point , she went to use the makeshift bathroom near Richard Darling’ s
dwelling. She briefly glanced down toward the bottom of the underpass and could see the top of Richard
Darling’ s head , as well as a raised hatchet in Richard Darling’ s hand . Her glance was so brief that she did
not see Richard Darling swinging the hatchet. When she exited the bathroom, she caught another glance
toward the bottom of the underpass and saw a male known as “ David ” breaking up firewood . She also
observed Richard Darling make a throwing motion toward the water in the creek. She stated that she saw
Richard Darling throw something red into the water. She stated that based on what she had observed , she
knew that Richard Darling was mutilating Rey Pesina’ s body.

Ms. Chamberlain returned to Mr. Clendenin’ s dwelling until it became dark. When she exited again , she
saw Mr. Brown and asked where Richard Darling was and he told her he was gone. Ms. Chamberlain
stated she thought this was her chance to escape and get help so she went to Richard Darling’ s dwelling
to retrieve her purse. When she pulled the curtain aside, she saw Richard Darling inside of his dwelling
and he was frantically packing things into his backpack . Ms. Chamberlain also saw “ Nora” ( Ms. Cole) in
the dwelling and Nora was changing her clothing. As Ms. Chamberlain was retrieving her purse , Mr.
Brown told Richard Darling that the “ Task Force ” was on its way . She said that Richard Darling then left
the area, but she didn’ t know which way he went . Ms. Chamberlain took this opportunity to leave and was
eventually able to call her son who gave her a ride to the Metro PCS store where she called 911 .

Ms. Chamberlain was shown a photograph of Rey Pesina and asked if she could identify the person in the
photograph. She identified the person in the photograph as Rey Pesina.

Your affiant and Detective Randy Hansen interviewed David Hinojos DOB: at the Aurora
Police Department. Initially Mr. Hinojos was deceptive and omitted certain details of his involvement.
,
He eventually stated that he had helped move the body per the request of Richard Darling. After making
this statement , Mr. Hinojos was verbally advised of his Miranda Rights, which he waived . Mr . Hinojos
stated that he was sitting with Richard Darling, Ms. Chamberlain, and Mr. Clendenin when Richard
Darling got up and shot Rey Pesina. Mr. Hinojos said he followed Richard Darling to where Rey Pesina
was and watched as Richard Darling hit Rey Pesina in the head a couple of times with the buttstock of the
rifle. Mr. Hinojos stated that Richard Darling then pulled out an air pistol pellet gun and shot Rey Pesina
at close range somewhere in the face .

Mr. Hinojos then helped Richard Darling move the body down to an area at the bottom of the underpass.
Rey Pesina’ s clothes had mostly fallen off by the time Richard Darling had dragged him down the slope.
Mr. Hinojos picked up some of Rey Pesina’ s clothing and put it in a pile next to the 55-gallon barrel . Mr.
Hinojos said Richard Darling retrieved a hatchet and a machete. At this time it was almost dark and
Richard Darling used the hatchet and started to remove Rey Pesina’ s right arm (Rey Pesina was lying face

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 Aurora Police Department
Case No. 15- 43146
Authored By: Detective Chad Lampson #25639
Defendant: Richard Alan Darling DOB :

down ) hy repeatedly striking the hatchet against the shoulder. Mr . Hinojos watched as Richard Darling
made a couple of strikes with the hatchet, but left before the right arm was fully removed . Richard Darling
had asked Mr, Hinojos to gather firewood , which Mr. Hinojos did. Mr. Hinojos stated he observed Richard
Darling use a hammer to make holes at the bottom of the 55 -gallen barrel for airflow . Mr . Hinojos heard
Richard Darling telling others that Rey Pesina had been disrespecting him and Ms. Chamberlain , he had
hit him , stolen his bottle of alcohol , and threatened to bring other people back . Richard Darling also asked
Mr. Hinojos to start breaking up some wood pallets for more wood but Mr . Hinojos refused and went back
to the north side of the underpass, where he lives.

Mr. Hinojos stated he only helped move the body just a few feet , and he did not help in the dismemberment
or burning of the body. Mr. Hinojos stated he assumed that Richard Darling was going to burn the body,
since he had asked Mr. Hinojos to gather firewood . Mr . Hinojos did not know who the victim was, as he
had never met him nor had he ever seen him . Mr. Hinojos described what the hatchet , hatchet sheath, and
machete used by Richard Darling looked like.

Detective Matthew Ingui interviewed Chad Wood DOB : at the Aurora Police Department .
Mr. Wood advised that he lives in the underpass in the first dwelling on the south -west side . Mr. Wood
stated he arrived home ( the underpass ) at approximately 3:00 p. m . on October 31 st , 2015 . He then left with
Mr. Brown and they walked to a tobacco store at 6th/Peoria. He advised it took them approximately one
half hour to walk to the store, they were in the store for five to ten minutes, and then it took them
approximately one half hour to walk back , arriving back at the underpass sometime around 4:00p . m. When
he arrived back, he was approached by Richard Darling and “ David ” ( Mr. Hinojos), who both had scared
expressions on their faces . Richard Darling asked Mr. Wood if he wanted to help them cut up a body. Mr.
Wood stated he responded with a “ yeah -right ” type of attitude and went into his dwelling with Mr. Brown .
Mr. Wood stated he then ate some pizza, got drunk, and the next thing he remembered was waking up in
a police car. Mr. Wood then recalled a shouting match he had had with Richard Darling where he asked
Richard Darling what he had shot the victim with and Richard Darling responded by saying, “ My Pappy ’ s
.22 caliber!”

Detective Ingui authored a search warrant for the area of the underpass which was reviewed and signed
on November 1st , 2015 by the Honorable Arapahoe District Court Judge Christopher Cross. Your affiant
and other detectives responded back to the area of the underpass. APD Crime Scene Investigators had
marked an area in the creek with placard #8 that was just north of the 55-gallon drum. Your affiant looked
into the water and observed a hatchet and a machete which matched the description that Mr . Hinojos had
provided. There was also a knife and other tools by the hatchet and machete.

When your affiant initially arrived on scene at the underpass at 12:40 a. m . , Officer Fowler advised your
affiant that Mr. Clendenin was waiting in the back of a police car. Officer Fowler allowed Mr. Clendenin
to walk with him and point to the particular dwelling that belonged to Richard Darling. Officer Fowler
then pointed out this dwelling to your affiant. On November 1 st, 2015 , at 12:05 p . m., your affiant and
Detective Randy Hansen returned to the dwelling that had been pointed out as belonging to Richard
Darling. Detective Hansen searched the bed area of the dwelling and located an air ( pellet ) rifle on the
east side of the bed . Detective Hansen also located a Marlin brand . 22 caliber rifle with a brown -colored
stock. Your affiant collected and unloaded the rifle, finding it to have one live .22 long rifle cartridge in
the chamber, as well as an unknown number of live . 22 long rifle cartridges in the magazine. Your affiant

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 Aurora Police Department
Case No . 15-43146
Authored By : Detective Chad Lampson # 25639
Defendant : Richard Alan Darling DOB : 01 /03/81

located three additional live . 22 long rifle cartridges in the dirt at the foot of the bed . Several pill bottle
style containers were located that had pellets in them .

Outside of the entrance to the dwelling , there was located a camouflaged backpack with an empty large
black sheath attached to it. Inside of the backpack, Detective Matthew Ingui located a purple Crown Royal
bag that was full of live .22 long rifle ammunition . Also in the backpack , Detective Ingui located a black
in color air ( pellet ) pistol in a black shoulder holster. This air pistol and shoulder holster matched the
description of the ones used by Richard Darling provided by Mr. Hinojos.

One spent . 22 caliber bullet casing was located on a dirt path that runs through the underpass, in front of
the dwellings.

Arapahoe County Coroner Forensic Pathologist Dr . Garth Warren , as well as Arapahoe County Coroner’ s
Investigator Elizabeth Ortiz were on scene. Dr. Warren advised that he had observed what appeared to be
part of a human spine, a human scapula bone, and several other human bones in the 55-gallon drum . A
search of the creek extending approximately 200 yards to the north from the underpass was conducted
with officers , Crime Scene Investigators , Dr. Warren , and Investigator Ortiz. They marked , photographed,
and collected numerous pieces of various human tissue that was located in the creek .

The 55-gallon drum containing the suspected human remains was removed by the Arapahoe County
Coroner’ s Office and transported to the Coroner ’ s Office for an autopsy scheduled for November 2nd ,
2015 at 8:30 a.m.

Richard Alan Darling refused to speak with investigators and was not interviewed . Richard Alan Darling
DOB : was positively identified by his Colorado Driver’ s License photograph and his prior
criminal history. All information was consistent .

On November 2nd , 2015, Detective Fredericksen met in person with Miguel Pesina DOB : ,
who is the brother of Rey Pesina. Detective Fredericksen obtained DNA buccal swabs from Michael
Pesina and hand -delivered them to the Arapahoe County Coroner’ s Office. The buccal swabs will be
forwarded , along with DNA obtained from the recovered human remains, by the Coroner’ s Office to the
Colorado Bureau of Investigation for comparison and positive identification of the victim.

At 8:30 a .m. on November 2nd , 2015, an autopsy was conducted at the Arapahoe County Coroner’ s Office
located at 13101 E. Broncos Parkway, Centennial, Colorado on the human remains tentatively identified
as those of Rey Pesina. The autopsy was conducted by Arapahoe County Coroner’ s Office Forensic
Pathologist Dr . Garth Warren. Detective Randy Hansen attended the autopsy . Detective Hansen advised
that , along with 5 pieces of charred human remains, a human skull was retrieved from the 55- gallon barrel .
The skull had a pellet in the sinus area, and a fractured orbital bone. A wallet was located in the 55-gallon
barrel as well. Inside of the wallet was a partially burned state-issued identification card . The identification
card was burned /melted to the point the issuing state could not be identified . However, the partial address
of “ ND PARK , NM 88063” is visible. Also visible on the identification card was the last name “ Pesina” ,
a photograph of a White or Hispanic male, and the date of birth of . The number “ 119361656”
is visible the identification card , as well as the issue date of and the expiration date of
02/05/2019. Also found was a partially burned Social Security card bearing the partial name “ REY
BALTAZA” and the numbers “ 511-8“ . Detective Hansen advised that Dr . Warren made the preliminary

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 Aurora Police Department
Case No . 15-43146
Authored By : Detective Chad Lampson #25639
Defendant : Richard Alan Darling DOB :

statement that the cause of death was a gunshot wound to the head , as well as blunt force injury to the
head. The manner of death was stated as Homicide by Dr. Warren.

Your affiant advises that upon viewing Rey Pesina’ s ( DOB: ) criminal history, your affiant
observed that Rey Pesina’ s documented middle name is Baltazar and his social security number is
documented as and . Your affiant completed a driver’ s license query for Rey
Pesina DOB : in the State of New Mexico and received a record , to include a photograph , that
shows “ Rey B . Pesina” with a DOB of , driver ’ s license number 119361656 , issued on
with an expiration date of 02/05/2019. The record lists Rey Pesina’ s height as 5’ 05” and his
weight as 200 pounds. The record lists his Social Security number as - - . The address listed on
the record is 118 Aspen , Sunland Park , NM 88063. Furthermore, the photograph of the male on the burned
identification card is the same photograph that your affiant obtained from the State of New Mexico . This
information is consistent with the items located in the 55-gallon barrel.

Based upon the foregoing facts and circumstances, your affiant feels that he has probable cause to believe
that the offense( s) of C.R.S. 18-3-102 - Murder in the First Degree - A Class 1 Felony , has/have been
committed and that Richard Alan Darling DOB : did commit that/those offense(s ).

I HAVE READ the foregoing statement, and the matters stated therein are true to the best to my knowledge
and belief .
31
Affiant - Detecti
^
Chad Lampson #25639

SUBSCRIBED AND SWORNT TO before me this 3 day of /

fldtjf / n , 2015.

Notary Pubmc
KASEY BROWN
pfs/ fJbllra NOTARY PUBLIC
STATE OF COLORAOO
NOTARY ID # 20084025986
EMISSION EXPIRES JULY 28 . 201fi
My Commission Expires

This Court , having reviewed the affidavit and application for arrest warrant , finds probable cause for the
arrest of Richard Alan Darling DOB: .

Judge/Magistrate (signature)

Judge/Magistrate ( printed name )

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