STATE OF COLORADO ) JSS. FILED IN WELD COUNTY COUNTY OF WELD) COMBIHED COURTS arrrpaviriis PPR 21 PM 3 12 wena SUE TYR fled 72 In suppor of a request forthe issuance of a warrant for the arrest of Kyle Joseph Moore (hereinafter referred to as “Defendant”, the undersigned afFant, being frst duly sworn upon oath deposes and says ‘That affiant has knowledge of the following facts from which there is probable cause to believe that C:R.S: 18. 203(1)(eN(d), Assault in the socond degree, F3; 18-3-20S(1)(a), Vehicular assault, F5; 18-3-206, Menacing, FS; 18- 3-204(1Ma), Assault in the third degree, MI (two counts); 18-6-401(1}(a), Child abuse, M2; 18-3-208, Reckless endangerment, M3: 42-4-1601, Accident involving death or personal injuries, Maral ‘offense; 42-4-1413, Eluding, M2 ~ uff offens Hereafier described, was committed by the Defendant on or about the 9” day of April 2015, in the County of Weld, State of Colorado, to-wit: Your affiant is a potice afficer for the City of Greeley Police Department and has gained the following information from reading the reports and speaking to fellow officers, from reading the statements of the victim and witnesses and through personal investigation. ‘On March 31” 2015 Detective Kyle Pelz advised officers with the Greeley Police Department of existing probable cease to arrest Kyle Moore (the Defendant) for identity theft [15G011233], Peltz also advised the Defendant had three warrants commanding his arrest, which included an escape charge. (On April 9" 2015 officers assigned to the Greeley Police Department's Special Enforcement Team sought out the Defendant, At 1800 hours officers leaned the Defendant was possibly in the area of Sanbom Park, 2031 28” ‘Avenue, Greeley, Weld, Colorado, From a review of police dispatch tapes your affiant learned the following details. At 1815 hours Officer Michelle Poth advised fellow officers by radio that she spotted a dark colored Jeep Cherokee just south of Sanborn Park and believed the Defendant was driving the vehicle. Poth advised officers the Cherokee license plates were 7460Q7. Poth advised a second male passenger was in the vehicle. At 1819 hours Officer Fobe Costa spotted the Cherokee driving along the east side of the park. Costa advised officers via radio that the driver was in fact the Defendant. The Defendant as followed by officers trom a distance and ultimately watched as the Defendant parked the Cherokee in the northwest parking lot at Sanborn Park ‘At 1823 hours Sergeant Bill West and Officer Costa drove their marked police vehicles into the parking lot; Costa Appronched the front of the Cherokee while West approached the rear. Moments later Officer Mike PYeiler notified officers over the radio that shots were fired and the Cherokee was fleeing westbound through the adjoining parking Jot towards 35" venue. Police sirens are constantly heard in the background during ensuing radio transmissions. During the pursuit Officer Pleiler advised thatthe Cherokee stopped briefly at 38 Avenue and 20" Street and the male passenger had exited Peiler advised the Cherokee fled west on 20° Steet, turned sout into @ small substivision of homes aml reened to 20" Street turning east. The Cherokee tumed south on 35 Avenue Officer Pfeiler, joined by Officer Wes Downey in 2 marked patrol car, advised there was moderate to heavy wale ‘on the roadway as the Cherokee approached speeds of fity five mile per hour. Doney advised the left front ire to the Cherokee was deflated. At the intersection of 35" Avenue and Highway 34, Greeley, Weld, Colorado, the Cherokee was invatved in a trafic collision; the Defendant was taken into custody.Responding officers tended to the scenes located st Sanborn Park and the highway. Officers contacted Kristin Dewey inside her heavily damaged 2012 Toyota Corolla. Dewey was transported by ambulance to a local hospital ‘and evaluated for injuries amounting t0 extensive bruising and abrasions. Dewey told officers her injuries were painful. Kristen Dewey confirmed she was traveling east on Highway 34 and entered the intersection with 35° ‘Avenue with a green light, Dewey said her Toyota collided with the Jeep Cherokee after itran a red light traveling south, Officer Tharp spoke with Ryan Downing. Dovining suid he was stopped fora red light at 35* Avene and Highway 34, facing north on 35 Avenue in the westbound turn lane. Dovining said he was certain eastbound wafic was moving through the inersection with a green light. Downing ssid he could see emergency lights and hear sirens from polize vehicles approaching from the north side of the intersection. Downing saw a Jeep Cherokee be ‘determined was “running” from the police Ryan Downing said the Cherokee swerved from the southbound lanes of 35" Avenue, entered the northbound lane and sped into the intersection with Highvvay 34 against che red light. Downing said the Cherokee nacrovely missed passing vehicle and was struck broadside by the Toyote driven by Kristin Dewey. Downing said the two vehicles spun out of control and struck a vehicle stopped alongside Downing. Rio MeCoy was the driver of the 2009 Ford Expedition the Cherokee struck. McCoy told Detectives that he was stopped for a red light at the intersection when he saw police lights approaching from the north. McCoy said it was ‘apparent the police were pursuing the Jeep Cherokee. McCoy said the Cherokee naztowly missed one passing vehicle and was struck by the Toyota driven by Kristin Dewey. MeCoy said Ue Cherokee then collided! with his Expedition Rio McCoy initially declined medical treatment, but he began to experience pain and discomfort later that evening McCoy responded 10 the hospital and was treated by Dr, lun Tate, Dr. Tate confirmed MeCoy had suffered a fractured rib, Detectives met with Dr, Tate and he contiemed the fracture met the legal definition of serious bodily injury as defined by state statutes, ‘The Jeep Cherokee driven by the Defendant was towed from the scene and secured at the Greeley Poli Department. A seach warrant was secured and executed on the vehicle. Your affiont has inspected the heavily damaged Cherokee. Your affiant observed what appears to be a bullet hole in the windshield, just under the right ‘windshield wiper bar. Officers at Sanborn Park contacted Officer Costa and several witnesses; Costa's police vehicle was found parked ut ‘an angle in front of an empty parking space; the emergency lights were setivated. Officers lacuted a black Jeep Wrangler with heavy front end damage at and around the right front tre. Detective Bud spoke with the owner of the Wrangler, Sommer Armstrong, and her ten year old daughter Ivey Armstrong. Sommer said as she Joaded Ivey into her Wrangler she noticed a Jeep Cherokee park adjacent co her Sommer said she backed out of her parking space to drive north out ofthe lot. Inthe process Sommer said a police vehicle pulled in front of her and tured facing the Cherokee, Sommer said she began to drive north around the police vehicle and heard a gunshot Sommer Armstrong Said as she continued north past the police vehicle the Cherokee sped towards her and collided \with her front end. Sommer said the Cherokee locked up with her front end and drug her Wrangler across the lot and ‘up over a curb 10 the grassy median, Sommer said the jolt from the curb likely dislodged the vehicles and the Cherokee sped off west across the median and through the adjoining lot. Sommer said Ivey has since complained she was injured during the collision, specifically her elbow hurts Detective Peltz spoke with Anthony MeCune who witnessed events at Sanborn Park. McCune said he stood at the south edge of the parking lot and saw two police vehicles pull up in front and behind the Cherokee. McCune said the officer parked at the front of the Cherokee, exited, drew his firearm and was heard yelling “don’t do it.” McCune said the Cherokee backed up and struck the police vehicle stopped behind it. McCune said the male driver put the Cherokee in drive and began to rev the engine before accelerating towards the officer standing in front of the Cherokee, As the Cherokee sped forward MeCune believed the vehicle struck the officerAnthony MeCuune said he heard gunshots, which he believed were fired by the officer nearly struck by the Cherokee, ‘MeCuve said the Cherokee sped past the police vehicle and collided with Sommer Armstrong's Wrangler, McCune said the Cherokee pulled the Wrangler west across the lot and up onto the grassy median: the Cherokee ultimately sped west through the adjoining to Detective Pelz spoke with Henry Byerly who witnessed events at Sanbom Park. Byerly said he saw two police vehicles pulled up in front and behind the Cherokee. Byerly said the officer in front exited his vehicle and ordered the driver of the Cherokee to put his hands up and yelled “don’t do it” Byerly said the Cherokee backed up a short distance, stopped and the engine began to rev Henry Byerly said the Cherokee accelerated towards the officer. Byerly believed the officer had no other choice but to side step 1o the south and out of the path of the vehicle. Henry Byerly said he saw the officer fire atthe passing ‘Cherokee. Byerly said the Cherokee struck the Wrangler, drug it across the lot tothe west, broke free and sped oft ‘west through the adjoining lot ‘Your affiant spoke with Officer Pfeiler, Pfiler said he drove into the lot shorily after Sergeant West and Officer Costa arrived, parking near Sergeant West's patrol car. Pfeiler said as he exited his vehicle he saw Costa standing in front of the Cherokee ‘with his handgun drawn and yelling at the occupants of the Cherokee. Pfeiler said the Cherokee briefly backed up, lurched forward and then sped towards Costa. Pfeiler rushed back into his eur‘ pursue, Tn doing so Pfeiler heard a gunshot fired. Officer Pfeiter said the Cherokee struck a Jeep Wrangler and sped west over the grassy median into the adjoining Jot, Pfeiler pursued the Cherokee through the lot and out to 35” Avenue. Pfeilet’s vehicle was unmarked, but equipped with lights and sirens, which he activated. Pfeil said at 35" Avenue and 20” Street the Cherokee stopped briefly while the male passenger exited and walked off. Pfciler said the Cherokee sped off and he pursued. Officer Doney joined in the pursuit driving # marked police vehicle with his emergency equipment activated. Pfeiler said the Cherokee failed to stop for several red lights at intersections to 21” Sireet (the entry to West Lake Shopping Center) and 22" Sireet on 35" Avenue. [At the intersection of 35" Avenue and Highway 34 the Cherokee ran a red light, collided with an eastbound vehicle land came to rest alter colliding with a separate vehicle stopped for trafic in the northbound lane of 35” Avenue, Peiler said he cushed up to the Defendant siting in the driver's seat. The Defendant refused to open the door or ‘comply with commands and the driver side window was shattered by officers. The Defendant was pulled through the driver window nd taken into custody. ‘Your affiant spoke with Officer Costa, Costa suid he pulled into the parking lot of Sanborn Park and stopped his irked police vehicle in front of the Jeep Cherokee. Costa said he recognized the Deferdant in the driver's seat ‘Costa said he exited his vehicle dressed in a police uniform clearly identifying him 2s a police officer. Costa said he proached the front of the Cherokee and ordered the Defendant to put his hands up. The Defendant briefly ‘complied, but then dropped his han Officer Costa ssid the Defendant throttled the engine and accelerated directly at him. Costa said he jumped out of the way of the Cherokee, Costa said as the Cherokee sped past he saw a pedestrian near the path ofthe Cherokee and simultaneously saw the Jeep Wrangler approaching the path of the Cherokee Officer Costa said he fired a single gunshot at the Defendant in an effort to protect others from imminent death, Officer Costa suid he shot atthe Defendant through the rear passenger window behind the Defendant. Officer Costa said the Cherokee struck the Jeep Wrangler and drug the Wrangler across the lotto the grassy median, Costa said the Cherokee broke free of the Wrangler and sped off west through the adjoining lot Your affiant spoke with the Defendant. The Defendant admitted knowing be had warrants for his arrest atthe time of this incident. The Defendant admitted he drove the Jeep Cherokee during this incident. The Defendant admitted recognizing it was a police officer that attempted to contaet him at Sanborn Park ‘The Defendant said he intially tried to back away from the officer, but believed he struck a vehicle parked behind him. ‘The Defendant said he revved his engine in an effort to scare the officer standing in front of the Cherokee and force the officer to move. The Defendant denied trying to hit the officer and accelerated ony when he had an open Jane to wavel,“The Defendant said he heard a gunshot ashe sped past the officer. The Defendant claimed to have lost some level of consciousness afterwards and did not recall colliding with the Jeep Wrangler, or crossing the grassy median, The Defendant did not recall wben his male passenger exited the vehicle, The Defendant said this passenger was known to him ae Criminal, someone he just met prior to this incident, The Defendant claimed to have vague recollection of fevents while attempting to elude officers, but was cognizant that police officers were pursuing him, The Defendant said his motivation throughout this series of events was to avoid being arrested. ‘The Defendant claimed t0 have no memory of the collisions occurring on Highway 34. When left alone with bis mother and father in « recorded interview room however, the Defendant detailed how the colisions unfolded, The Defendant also said he tried to make a phone call during the pursuit, zpparently to his father: the Defendant pointed avhis father wen he said this During follow up investigation your affian identified the passenger as Jorge Salgado aka Joker. Your affiant spoke ‘with Sulgado via phone: he refused to meet with any police officers out of fear. Salgado said the Defendant never intended to strike the police officer and purposefully tried to avoid the officer. Salgado confirmed the Defendant ‘truck the Jeep Wrangler and sped off, Salgado placed blame on the officer that shot for the ensuing pursuit ‘The Defendant was taken into custody on warrants commanding his arrest. These included felony escape, [ISCRI16: Weld], failure to appear - larceny [14M2999: Jefferson], failure 10 comply ~ domestic assault [14Mi1916: Weld], feiture to appear — criminal mischief [14-76259: Greeley], failure to appear ~ shoplifting [Lakewood] and identity theft (15CR678: Weld] ‘The Defendant's eriminal history includes juvenile adjudications for criminal trespass (09SDS01 - Weld), theft [O95D856 - Weld}, fraud (10/D160} and theft {10/D52 — Weld]. The Defendant has an adult convietion for fraud [13CR2110 - Weld), assault [14M1916 - Weld] and contempt of cout {violation ofa protective order} (14M2203] ‘The Defendant's date of birth is December 30" 1993. The Defendant, Kyle Joseph Moore is a white male, 6°2" tall, weighing 150 pounds with brown hair and blue eyes. The Defendant's Colorado license is 10280-0413; his FB] number is 605978NDS, The Defendant’ last known address is 2615 49 Strect, Evans, Colorado, ‘The above-described events took place in Weld County. Colorado. Ts Subseribed and sworn o before me this O27 MY COMMISSION EXPIRE: Leta wart be sue for Defendant's ares; Bond sein the amount of s_ LSP AD oP. Pog tts