» STATEMENT OF PROBABLE CAUSE / AFFIDAVIT FOR ARRESI WAKRANI Page 7 of 2 GO # 2019-243435 AB i DOB 115/04 Location oT Are ‘rest Date | Arest Time BPD Headquarters azone 5:24p.m. Tat Name Festa, Wile ‘Sera No. Gibbs. Bruce D 95047 ‘COMPLETE THIS SECTION FOR ORIGINAL PROBABLE CAUSE STATEMENTS AND ALL AFFIDAVITS FOR ARREST WARRANT 4 am a police officer forthe City and County of Denver, Colorado, and have knowledge regarding the arresVincident ofthe above named party forthe below listed offense, which offense occurted on or about the date of 4/18/19 at 4:10 6 am [Ipm at or ner the location of 367 South Jasmine Street in the Cty and County of Denver, Stato of Colorado. 48-3-102 (1) (a) First Degree Murder By Statement of Probable Cause DI Affidavit for Arrest Warrant On April 19, 2019 at approximately 4:10 a.m. members of the Denver Police Department responded to 367 South Jasmine Street on an attempt theft from motor vehicle/shots fired. This location is in the Gity and County of Denver, State of Colorado. Police District Three Investigations was assigned this case for follow-up investigation. Detective Lisa Love 90056 was the assigned detective. During a interview with the victim/suspect who was identified as Mr. Brice Fitch dob: 09/15/1994 was advised of his rights and waived his rights and wanted to provide the detective an account of the events. On 04/19/2019 at 0400 hours, the victim let his dogs outside in the backyard when he heard rustling. The victim then noticed that his door is open and lights on to his vehicle. The victim went to confront them and yelled for them to "hey, get out of my car." The victim retrieved his AR15 from the house and told SEIN to call police. He approached the susepct's vehicle by going between his truck and boat; and he could see a female and male trying to get into the vehicle; and the victim was on the the driver's side of the vehicle. The victim observed the driver reached for the console area and drive off, serving int the direction of him; and the gun went off; and the victim stated that he fell and the gun went off, and the driver's door which was still open went over the victim. The victim believed that he had his finger on the trigger and the weapon accidently went off. The vehicle stopped mid-block and could hear the female voice, telling them to leave; and the victim shot at the back of the vehicle twice: striking the vehicle in the rear and seeing the air filter on the ground, The victim stated that he had his ‘weapon in low ready first, and then the ready position when the driver reached toward the middle console area. The victim stated that he shot two more times because he feared that they were ‘coming back to cause him harm when he observed the brake lights come on. The victim described the suspect vehicle as a Black newer model sedan Dodge Charger, with ber type LED lights in the rear. The vehicle was last seen traveling northbound on South Jasmine Street. The victim was transported to the hospital for minor injuries. ‘The scene was processed by the Crime Laboratory Bureau. Three spent cartridge casings were recovered along a .223 AR15 semi-automatic rifle. Several broken pieces of glass was abserved in the roadway. DPD 287 (Rev 08/17)» “(STATEMENT OF PROBABLE GAUSE / AFHIDAVIT FUK ARKES | WAKKANI wage Zor At approximately 10:30 p.m. the Denver Police Department, Homicide Unit was conateted by the Aurora Police Departmen, Major Crimes Unit. Sergeant Matthew Fyles advised Lieutenant Matt Clark that their officers had conducted a welfare check on a party inside of a vehicle. The male party had sustained gunshot wounds and had been pronouced deceased on scene. This occurred on this date at approximately 1:11 p.m. The vehicle matched the description of the vehicle used in the Denver incident. The rear window of the vehicle had been shot out, Sergeant Scott Murphy and your affianr responded to APD headuarters and were briefed on the circumstances regarding APD's incident. The body of the decedant would be transferred from the Arapahoe County Comers Office to the Office of the Medical Examiner in Denver so that an autopsy could be conducted. During the investigation it was determined that the cases were connected and the investigation would be condusted by the DPD Homicide.Unit. On April 20, 2019 at approximately 11:00 a.m. the postmortem examination was conducted. Your affiant was present for the examination. Doctor James Crauso conducted the examinai advised that the decedant who was identified as M sustained a single perforated gunshot to the chest. At approximately 6:24 p.m. your affiant and Detective Louis Estrada arrived at the residence of Mr. Fitch. Mr. Fitch agreed to be transported to DPD headquarters to be interviewed. Mr. Fitch was advised of his Miranda Rights and invoked his right to an attorney. Left his infomation to be wu and cane fdokod sey Signature of Affiant Subscribed under oath before me on Date Time Judge or Notary Public “My commission expires ARREST WARRANT ‘Toll Shes, Peace Officers and Pole Oca withthe sed State: 2 ADULT—You are hereby commande to aiest the defendant named above and bing thm without unneceseary delay before Judge ofthe County Court fo be deal with according tolaw. 1D JUVENILE—You are hereby commanded fo arrest the defendant nartied above, summons Into cout, provess and release said defendant to appear Delore the cout. Bailfixed at $ __ Signature of Judge Date Printed name of Judge THEREBY CERTIFY that I executed the above warrant on (dale) by taking - ___(hame of person arrested) into custody and placing sald person in the Jail for ‘safekeeping until further order of the court Signature of Arresting Officer_ DPD 287 (Rev 08/17)