Sergio and Andrew Rodarte Indictment

[ District Court, City and County of Denver, Colorado | City and County Building, Room 424 1437 Bannock Street | Denver, CO 0202 | plaintiff THE PEOPLE OF THE STATE OF COLORADO | | Defendants: SERGIO RODARTE Jr. | ANDREW RODARTE COURT USE ONLY Case Number: Grand Jury No, 22CR2 | Div: Criminal Ctrm: 424/___ INDICTMENT MURDER IN THE FIRST DEGREE (after deliberation), C.R.S. 18-13-102(1)(a), (F1) < 01011 > 1,22 counts) MURDER IN THE FIRST DEGREE (extreme indifference), C.R.S. 18-13-102(1)(@), (F1) <01015 > 3,4 (2 counts) POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, C.R.S. 18-12-108(1),2Xe), (F5) < 30078 > 5, 6,7, 8 (4 counts) POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, CRS. 18-12-1083), (F6) <3007B > 9, 10, 11, 12 (4 counts) ‘The Grand Jury presents the within Indictment and the same is ordered filed, pared this 5% dayoe Dehober 2022 Denver District CourtBETH McCANN District Attomey Denver District Attomey’s Office 201 W. Colfax Ave., Dept. 81 Denver, CO. 80202 LS 720-913COUNT ONE MURDER IN THE FIRST DEGREE (after deliberation), C.R.S. 18-13-102(1)(a), (F1) On or about May 1, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr. and ANDREW RODARTE, unlawfully, feloniously, after deliberation, and with the intent to cause the death of a person other than themselves, caused the death of MARICEO $ NEGRETE; in violation of section 18-3-102(1)(a), CRS. COUNT TWO ‘MURDER IN THE FIRST DEGREE (after deliberation), C.R.8. 18-13-102(1)(a), (F1) <01011> ‘On or about May 1, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr. and ANDREW RODARTE, unlawfully, feloniously, after deliberation, and with the intent to cause the death of a person other than themselves, caused the death of JOSIAH J SALAS; in violation of section 18-3-102(1)(a), CRS. COUNT THREE MURDER IN THE FIRST DEGREE (extreme indifference), C.RS. 18-13-102(1)(@), (F1) <01015> On or about May 1, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr. and ANDREW RODARTE, unlawfully and feloniously, under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life gencrally, knowingly engaged in conduct which created a grave risk of death to a person or persons other than himself, and thereby caused the death of MARICEO S$ NEGRETE; in violation of section 18-3-102(1)(4) C.R.S. COUNT FOUR MURDER IN THE FIRST DEGREE (extreme indifference), C.R.S. 18-13-102(1)(@), (F1) <01015> On or about May 1, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr. and ANDREW RODARTE, unlawfully and feloniously, under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, knowingly engaged in conduct which created a grave risk of death to a person or persons other than himself, end thereby caused the death of JOSLAH J SALAS; in violation of section 18-3-102(1)(d) CRS.‘The faets supporting Counts 1 through 4 are as follows: 1. 2 8. The facts supporting all other counts in this Indictment are incorporated herein by reference, ‘On May 1, 2021, there was a house party at IMPNorth Odessa Street, a single-family residence in the City and County of Denver, State of Colorado. There were approximately 50 people in attendance, two of the party attendees were Mariceo Negrete (“Negrete”) and Josiah Salas (“Salas”), SERGIO RODARTE Jr. (“Sergio”) and Andrew Rodarte (“Andrew”), who are brothers, arrived at the party, with Sergio in possession of 45 caliber semi-automatic weapon and Andrew in possession of another unknown caliber of semi-automatic ‘weapon. Both weapons were equipped with lights and/or lasers. Sergio and Andrew are members of Only the Family (“OTF”), a gang in the Denver Metro Area. Negrete was a member of the gang CHI 30 that had on-going conflict with OTF members that spanned months before May 1, 2021. Sergio and Andrew were made aware that CHI 30 members were present at the party and went to the party armed with weapons and dressed in hoodies. Once they entered the party, Sergio and Ancrew determined that Negrete was on the back patio. Then, they both put on blue hospital gloves, Sergio put on a surgical mask and pulled up his hoodie, and Andrew pulled his hoodie on so tightly that his face was barely visible. Sergio and Andrew then got into a verbal argument on the back patio with Negrete During the argument, Sergio pulled out a .45 caliber semi-automatic weapon and Andrew pulled out another unknown semi-automatic weapon, Both blocked the door to the back patio so that no one could enter or leave. Eventually, Sergio fired his .45 caliber semi-automatic weapon eight times, striking Negrete and Salas On May 3, 2021, an autopsy was performed on Salas, and it was determined that he sustained three gunshot wounds to his back, which caused his death. On May 3, 2021, an autopsy was also performed on Negrete, and it was determined that he sustained multiple gunshot wounds to his back and arms, which caused his death,COUNT FIVE POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, CRS. 18-12-108(1),(2\(c), (F5) <30078 > Between and including April 17, 2021 and April 18, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr. unlawfully, feloniously, and knowingly possessed, used, or carried upon his person a firearm within ten years of his previous conviction ‘or release from confinement or supervision on January 24, 2019 in Larimer County Combined Court, ease 18CR02663 for a felony, namely: Second Degree Assault, involving the use of force or a deadly weapon; in violation of section 18-12-108(1),2)(c), CRS. COUNT SIX POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, C.R.S. 18-12-108(1),(2)(c), (F5) <30078> Between and including April 17, 2021 and April 18, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr. unlawfully, feloniously, and knowingly ‘possessed, used, or carried upon his person a firearm within ten years of his previous conviction or release from confinement or supervision on January 24, 2019 in Larimer County Combined Court, case 18CR00737 fora felony, namely: Second Degree Assault, involving the use of force or a deadly weapon; in violation of section 18-12-108(1),2)(@), CRS. COUNT SEVEN POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, C.R.S. 18-12-108(1),(2)(c), (F5) < 30078 > On May 1, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr, unlawfully, feloniously, and knowingly possessed, used, or carried upon his person a firearm within ten years of his previous conviction or release from confinement or supervision on January 24, 2619 in Larimer County Combined Court, case 18CR02663 for a felony, namely: Second Degree Assault, involving the use of force or a deadly weapon; in violation of section 18-12-108(1),2)(c), CRS. COUNT EIGHT POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, CRS. 18-12-108(1),2Xc), (F5) <30078> On May 1, 2021, at or triable in the City and County of Denver, State of Colorado, SERGIO RODARTE Jr. unlawfully, feloniously, and knowingly possessed, used, or carried upon his person a firearm within ten years of his previous conviction or release from confinement or supervision on January 24, 2019 in Larimer County Combined Court, case 18CR00737 for a felony, namely: Second Degree Assault, involving the use of foree or a deadly weapon; in violation of section 18-12-108(1),(2)(c), CR.S.COUNT NINE POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, C.R.S. 18-12-108(3), (F6) <3007B > On of about April 17, 2021, at or triable in the City and County of Denver, State of Colorado, ANDREW RODARTE unlawfully, feloniously, and knowingly possessed, used, or carried upon his person a firearm, and ANDREW RODARTE was previously adjudicated for VEHICULAR ELUDING, an act which, if committed by an adult, would have constituted a felony, as defined by COLORADO 18-9-116.5, C.R.S. on FEBRUARY 8, 2016 in ARAPAHOE COUNTY COMBINED COURT in case 1500148; in violation of section 18-12-108(3), CR.S, COUNT TEN POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, C.R.S. 18-12-108(3), (F6) <3007B > On or about April 17, 2021, at or triable in the City and County of Denver, State of Colorado, ANDREW RODARTE unlawfully, feloniously, and knowingly possessed, used, or carried upon his person a firearm, and ANDREW RODARTE was previously adjudicated for ESCAPE, an act which, if committed by an adult, would have constituted a felony, as defined by COLORADO. 18-8-208, C.RS., on AUGUST 22, 2016 in ARAPAHOE COUNTY COMBINED COURT in cease 165100696; in violation of section 18+12-108(3), CR.S. ELEVEN POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, C.R.S, 18-12-108(3), (F6) <3007B > On of about May 1, 2021, at or triable in the City and County of Denver, State of Colorado, ANDREW RODARTE unlawfully, feloniously, and knowingly possessed, used, ot carried upon his person a firearm, and ANDREW RODARTE was previously adjudicated for VEHICULAR, ELUDING, an act which, if committed by an adult, would have constituted a felony, as defined by COLORADO 18-9-116.5, C.R.S. on FEBRUARY 8, 2016 in ARAPAHOE COUNTY COMBINED COURT in case 153D00148; in violation of section 18-12-108(3), CRS. COUNT TWELVE POSSESSION OF A WEAPON BY PREVIOUS OFFENDER, C.R.S. 18-12-108(3), (F6) <3007B > On or about May 1, 2021, at or triable in the City and County of Denver, State of Colorado, ANDREW RODARTE unlawfilly, feloniously, and knowingly possessed, used, or carried upon his person a firearm, and ANDREW RODARTE was previously adjudicated for ESCAPE, an act which, if committed by an adult, would have constituted a felony, as defined by COLORADO 18-8-208, C.R.S., on AUGUST 22, 2016 in ARAPAHOE COUNTY COMBINED COURT in. case 16J1D00696; in violation of section 18-12-1083), CRS,‘The facts supporting Counts 5 through 12 are as follows: 2 ‘The facts supporting all other counts in this Indictment are incorporated herein by reference, On or about April 17 or April 18, 2021, Sergio and Andrew and various members of OTF were present at Barnum Park, in the City and County of Denver, State of Colorado, While at the park, Sergio and Andrew posed for pictures holding firearms in various stances, Sergio sustained a felony conviction of Second-Degree Assault ~ Cause Injury with a Deadly Weapon (Class 4 Felony) on of about January 24, 2019, in Larimer County, Colorado, Combined Court case number 2018CR02663, and was sentenced January 24, 2019. Sergio sustained a felony conviction of Second-Degree Assault — Cause Serious Bodily Injury (Class 4 Felony) on or about January 24, 2019, in Larimer County, Colorado, Combined Court case number 2018CR737, and was sentenced January 24, 2019. Andrew sustained a felony adjudication Vehicular Eluding (Class 5 Felony) on or about July 9, 2015, in Arapahoe County, Colorado, Combined Court case number 20153148, and was sentenced on February 8, 2016. Andrew sustained a felony adjudication for Escape from Felony Conviction (Class 3 Felony) on or about January 25, 2017, in Arapahoe County, Colorado, Combined Court ‘case number 20161D696, and was sentenced January 25, 2017.

Sergio and Andrew Rodarte Indictment

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