County Court, City and County of Denver, Colorado Lindsey-Flanigan Courthouse, Room 160 520 W. Colfax Ave, Denver, CO 80204 Plaintiff: The People of the State of Colorado Defendant: COLBY JAMES MESSER Mitchell R. Morrissey, Reg. No. 13784 District Attomey, Second Judicial District Flee in the County iy Conse Court MAP 04 2015 CLERK OF Court A _COURTUSEONLY A By the undersigned Deputy District Attorney 201 West Colfax Ave., Dept. 801 Case Number: (6207) Denver, CO 80202 Phone Number: 720-913-9000 Div.: Criminal Curm:_U(~ Fax Number: 720-913.9035 COMPLAINT AND INFORMATION | ‘SIX CHARGES: COUNT 1: SEXUAL ASSAULT, C.R.S 18-3-402(1)(a),(5) (F2) {04113} COUNT 2: SEXUAL ASSAULT, C.R.S 18-3-402(1) COUNT 3; SEXUAL ASSAULT, C.R.S 18-3-402(1] COUNT 4: SEXUAL ASSAULT, CRS 18-3-402(1) (a(S) (F2) {04113} IM(b)-(5) (F2) {04116} )(b)(5) (F2) {04116} COUNT S: SEXUAL ASSAULT, CRS 18-3-402(1)(h),(8) (F2) {0411N} COUNT 6: SEXUAL ASSAULT, CRS 18-3-402(1)(b),(3) (F2) {0411N} AT LARGEPeople y, COLBY JAMES MESSER ‘Case No. Mitchell R. Morrissey, District Attomey for the Second Judicial District, of the State of Colorado, in the name and by the authority of the People of the State of Colorado, informs the court of the following offenses committed, or triable, in the county of Denver: COUNT 1: SEXUAL ASSAULT (F2) On or about November 14, 2015, COLBY JAMES MESSER unlawfully, feloniously, and knowingly inflicted sexual intrusion or sexual penetration on fl causing submission of the victim by means of sufficient cousequence reasonably calculated te cause submission against victim's will. Further, the defendant was armed with a deadly weapon or any article used ot fashioned in a ‘manner %0 cause a person io reasonably believe that the article was a deadly weapon and represented verbally or otherwise that the defendant was armed with a deadly weapon, namely: LAMP, and used the deadly weapon, article, or representation to cause submission of the victim: in violation of section 18-3-402(1)(@),(5\(a)(H), CRS. COUNT 2: SEXUAL ASSAULT (F2) On or about November 14, 2015, COLBY JAMES MESSER unlawfully, feloniously, and konowingly inflicted sexual intrusion or sexual penetration on causing submission of the victim by means of sufficient consequence reasonably calculated to cause submission against victim's will. Further, the defendant was armed with a deadly weapon or any article used or fashioned in # ‘manner to cause & person to reasonably believe that the article wes a deadly weapon and represented verbally or otherwise thatthe defendant was armed with a deadly weapon, namely: LAMP, and used the deadly weapon, article, or representation to cause submission of the victim; in violation of section 18-3-402(1)(),(5)(a)(M), CRS. Furter, the defendant was physically aided or abetted by one or more other persons; in violation of section 18-3-402(1}(@),(Sa)@), CRS.People v. COLBY JAMES MESSER ‘Case No. COUNT 3: SEXUAL ASSAULT (F2) On or about November 14, 2015, COLBY JAMES MESSER unlawfully, feloniously, and knowingly inflicted sexual intrusion or sexual penetration on’ and the defendant knew that the victim was incapable of appraising the nature of the viet, conduct. LAMP, and used the deadly weapon, article, or representation to cause submission of the vietio in violation of section 18-3-402(1)(b),(5)(a)(IM), CRS. SCOUNT 4: SEXUAL ASSAULT (F2) On or about November 14, 2015, COLBY JAMES MESSER unlawfully, feloniously, and knowingly inflicted sexual intrusion or sexual Penetration on and the defendant knew that the victim was incapable of appraising the nature of the teem conduct. represented - {cAMP and used the deadly weapon, article, or representation to cause submission of the vietins in violation of section 18-3-402(1)(b),(5)(a\I, CRS. Further, the defendant was physically aided or abetted by one or more other persons; in violation of section 18-3-402(1)(b),(5\(a\(, CRS.People v. COLBY JAMES MESSER ‘Case No. COUNT 5: SEXUAL ASSAULT (F2) represented verbally or otherwise that the defendant was armed with a deadly weapon, namely: LAMP, and used the deadly weapon, article, or representation to cause submission of the victim; in violation of section 18-3-402(1)(h),(5)(a)(UI), CRS, COUNT 6: SEXUAL ASSAULT (F2) On or about November 14, 2015, COLBY JAMES MESSER unlawfully, feloniously, and knowingly inflicted sexual penetration or sexual intrusion on while the victim was physically helpless and the defendant knew the victim ‘was physically helpless and the victim had not consented. Further, the defendant was armed with a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article was a deadly weapon ot represented verbally or otherwise that the defendant was armed with a deadly weapon, namely: LAMP, and used the deadly weapon, article, or representation to cause submission of the victim; in violation of section 18-3-402(1)(h),(5)(a)(I), CR.S. Further, the defendant was physically aided or abetted by one or more other persons; in violation of section 18-3-402(1)(h),(5\(a)(D, CR.S, All offenses against the peace and dignity of the People of the State of Colorado.County Couzt, City and County of Denver, Colorado Lindsey-Flanigan Courthouse, Room 135 520 W. Colfax Ave. cay en Cony Coat - nl oF D8 adn Pewer.conme Plaintiff: The People of the State of Colorado MAR 04 2016 Defendant: COLBY JAMES MESSER OB: 2/11/1986) CLERK OF COURT Race: White Gender: Male Height: S10" Weight: 185 Ths. A_courryscomy Hair: Brown Eye: Blue Case Number: LOOT | Div.: Criminal Crm; 2f00 ARREST WARRANT ‘THE PEOPLE OF THE STATE OF COLORADO TO: Any Peace Officer authorized by law to exccute amrest warrants: tho District Attomey for the Second Judicial District, City and County of Denver, State WHEREAS, ‘of Colorado has this day filed a Complainv/information in this Court charging COLBY JAMES MESSER ‘with the crime of Sexual Assault in violation of 18-3-402(1)(a),(5), CRS., Sexual Assault in violation of Sexual Assault in violation of 18-3-402(1)(4),(5), CRS.. AND WHEREAS, the Court has examined the attached affidavit and has satisfied itself that there is probable cause to believe thatthe above named offense (s) charged have been committed by the above named RETURN OF WARRANT hereby certify that I duly executed this warrant as commanded by arresting: COLBY JAMES MESSER, DOB: 2/11/1986 on 2016. ‘Arresting OfficerCounty Court, City and County of Denver, Colorado -Flanigen Courthouse, Room 160 $20 W. Colfax Ave. Denver, CO 80204 Plaintiff: The People of the Statc of Colorado Defendant: COLBY JAMES MESSER MAR O4 2016 @OB: 2/11/1986) Race: White ‘Gender: Male CLERK OF COURT Height: S10" ‘Weight: 185 Ibs, Hair: Brown Bye: Blue SUPPORTING AFFIDAVIT FOR ARREST WARRANT 1, Detective STEVE BISHOP, of lawful age do swear upon my oath tothe facts set forth below and on 7 continuation pages: Your affiant, Detective STEVE BISHOP, a Police Officer with the Denver Police Department, CRS. Sexual Assault in violation of 18-3-402(1)(a),(5), C.RS., Sexual Assault in violet op LESAO2NO)(5), CRS., Sexual Assault in violation of 18-3-402(1)(b)8), CRS. Sonal Assault in violation of 18-3-402(1)(h),5), CRS. and Sexual Assault in violation af 18-3, 402(1)(h).(5), C.R.S. by COLBY JAMES MESSER (cin: on DPD offense number 2015668835. The listed defendant, Colby James Messer 02/11/1986, did knowingly inlets sexual intrusion ot Scuiel Ernetation on victim and commits sexual assault causing submission ofthe victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s dr papiithe defendant knows or should have known that the victim is incapable of appraising the nature of the victim's conduct and the victim is physically helpless and the defendant knowe that the victim is physically helpless and the Victim has not consented, in violation of CRS 18- 3-402 (1) (@) (b) (h), and; Zhe listed defendant, Colby James Messer 02/22/1986, did in the commission of the sexual assault, did or was physically aided or abetted by one or more other persons and the deferdact and/or co-defendants is armed with a deadly ‘weapon, while in commission of the sexual assauli, to wit: large base of a lamp, and this article is used of fashioned in a manner to cause a pera ia reasonably believe that the article is a deadly weapon and the listed defendant is armed with a eadly weapon and uses the deadly weapon, article, or representation to cause submission of 2 Victim, in violation of C.R.S 18-3-402 () I).Page 2 ‘Tee preliminary investigation was in reference toa sex assault investigation that had occurred at te Grn Hy Hasan 5 Wate ee a neti fat nd cared Preliminary report was completed by Distict Six Denver Police Officer James Brooks 07030 and Denwer Police Sex Crimes Detective Heather Hohnholtz 99078. The victim in this ease is lisea hereafter referred to as victit) 114@/1988 (27 years age). The as Preliminary Frport indicated that the sexual assault occurred between November 14, 2015 and ‘November 15, 2015, between 2300 hrs to 0200 hrs. Officer Brooks ‘that he had to the Medical Center of Aurora, in the State of Danae Brooks reported that he attempted to locate a crime soene by checking three hotels inthe Fea Hal ade downtown area to include: Four Seasons, Hyatt Regency, and finaly the C's are tel that is located at 1750 Welton Stet in Denver, Colorado. This reponse into the aby Crund EHvat Hotel reviewed survelance footage and observed BN vat into their lobby area with two male subjects, Bae Cai ve Bishop (hereafier refered to as Affian), curently asigned tothe Denver Police Sex Crimes Unit, was assigned this case on November 16, 2015 to conduct a follow-up Novagen This AMint conducted an audio/video interview with the vc thet ook soe November 16,2015 at 1050 hrs. fo go cat ae at On Saturday, November 14,2015 her end NNR ond she made pans in Benes Cone aims birthday and plans were to go to the Viewhouse Bar and Gail, Benes ‘The vitin sated that he doesnot know how they got to the rand Hyat Hotel but els beingsmote tated that at one point she sw ber fend, QR cater his hotel room with another male subject with brown hair. The victim bel that NIN came in and then left the Ilo hr PH! om meng for) ates weno ne rh oF tee i He lied Sot bee: te tkvon sens ee Se ‘eciver, othe bas ofthe hotel amp o penetate or be ised ne er confines m,conced an interview wth SMES (hrater refed to ax who Bn sonst vin fr he pst va Joa nd tho a remount bat Novos 42015 be vidi and Se had el wie eee atcha UFC heh HUBsated tt ey wee eS i With the victim’s frien imap zyPage 4 Nee cee the sPartment at 2130 hrs and arived in downtown Denver area before 2200 ‘rs MINN further advised that the victim was drinking AB and stated tiace ing if they recall observing any Pioog. in room “1216.” I further provided possible fist noes “ 5 a a at enn es it tpn cl et ith om “1216 mached he gi. Tae a ean of taal bast Distr of Sect Don Mona an heaving cote & being of nace bsg penn did ot eal bering ea sey rs eel ig 216% Don avid tt he et epi na cea 8 was rented to oy tant was advised tha SUID had chest ints, Gran Hyatt on November 14,2015 and checked outon Noverte tee On November 16, 2015 this Affiant, long with Denver Police Crime Scene Deadmond Investigator Angela Dame, We aaa ve Hote located at 1750 Wellon Steet nthe ces Cont of Deve. We anv t spose 150 sand upon ap oYPage 5 with GM Stiebeling and Director of Security Don Montano along with Security Officer Arlington Riley. | explained to GM Steibeling the items that this detective was going to look for and retrieve from room “1216.” We then responded to room “1216” and found thatthe room was not occupied, and was secured, and had already been cleaned. During the consented search of room fase” Dotted on the dresser, across from the two beds, was a black television remote and tage November 14, 2015 andl two of the four male subjects at check-in. This surveillance foviage wee clear enough to show the faces of the four males. On November 17, 2015 this Affiant made telephone contact with Customa's Border Patrol Officer neg ukost, who i assigned to Deaver Inemational Airport. Due to information thatthe nev Jae Rellowing four subjects traveled on the same flights amiving on November 14, 2016 from Vancouver, Canade, and departing on November 16, 2015 to Vancouver, Canada. They all Provided the Hyatt as their destination in the U.S. The subjects are listed cs (eT ZOI985 CA PEN QRRRRRND Cereater reed ows suc! AEE Ba { 8 R991, CA PEN GEIMRND (hereafter referred to a8 tuspecr (MM), COLBY JAMES MESSER, 02/11/1985, CA PPN Q@MNLTRD (hereafter refernsd to as suspect-Messer), and See, 02/05/1986, CA PPN di (hereafter referred to as suspect NEED. On November 19, 2015 this Affiant made telephone contact with Sgt, Lisa Byme from the Vancouver Police Department, This Affiant explained this ease to Sgt Byme and requested anyPage 6 information on the listed suspects, that Vancouver Police Deperment may have or any other information to include: criminal histories, driver's license and photos, and/or any other Canadian Criminal record that could be found on the listed suspects. G2 November 19, 2015 this Affant received an e-mail back from Sgt Byme who advised that she had information on the listed suspects that was in their Provincial database. Sgt Byme sae bac Ghecked all of he suspects in CPIC (NCIC equivalent and none ofthe listed suspects have Canadian Criminal Homeland Security ial Agent Travis McFarren, the four suspects, suspect-ARINEBER suspect- =m, Nes ‘States and currently are nis AdTiant received the listed suspect's passport photos from Sgt Lisa Byrnes, This Affiant also Fonucted « FACEBOOK search of the four listed suspects, Surveillance footage from the Gusea yet Hotel was also retrieved. This AMfiant reviewed the received passport rheiss a FACEBOOK profile photos, andthe surveillance footage from the Grand Hyet Hotel snd wa yi and entered hotel room “1216” atthe Grand Hyatt Hotel with where te ford or victim lying naked on one of the hotel beds in this room, Pelee Tint completed» photo array showing with the victim after she had responded to Denver Police Department on 12/03/2015. This Affiant completed four (4) different photo arays with afer the pacoeat of the listed suspects, Each ofthe four separate photo arays were sovpled Sher the passport photos of the listed suspects was received by Vancouver rolne Department Detective Sergeant Lisa Bymes, At the completion the four shown photo aay tne ogeePage 7 Sas c ake {wo suspects walking into the Grand Hyatt hotel withthe vietim, The Affcnt aes te ree e listed defendant, suspect-Messer, a the other male suspect that was walking oh seve (othe Grand Hyatt Hotel on November 14, 2015, prior othe vsti being seve assaulted, completed by Fale seating, Forensic Scientist asigned to the Denver Police Crime Laborer ti results were added to this case file and a synopsis of these results are as followce: Sto othe aan of blood was detected on the remot, the phone receiver, the base lamp and sabe A egatinal swabs, cervical swabs, anatecal swabs, and the extemal petals erect wren deneat*t! indication of semen was detected on the phone reosiver od eee were identified. On tnd, Pov int recived a Crime Laboratory result that hd ben eompleed by Sylvia ready Retensic Seen assigned tothe Denver Police Cime Labor The ee oes were added to this case file and a synopsis of these results are as followed: aa elle eed on the ora vaginal, anaLtectal and extemal gentalaperineum aks extemal gentagrsion remote, phone ressve, and lamp bas. The oral vaginal erates es These isms can eee swabs are not suitable for Short Tandem Repel (STR) DNA yen DNA ana a ited fr mal specie Y-Chromosome Shot Tanem Ropes Cree DNA analysis if known samples from . Colby Messer, and ae gubmitted for comparison purposes. Short Tandem repeat (STR) analysis fom the vsti, Vision emt, pone receive, lamp bse andthe kno ale tree neebitor and one male contributor, The major sours fete DNA seat ae oe three items matches the victim, Finally, the DNA profile obtsined from the phone receives sperm fraction presents as a mixture of a least three people, including at least one male contributor, Based on the information that was obtained through reviewing other ‘obiaining witness testimony, it is known the victim did file a police report with the Denver sane eae a LUIS20NS, Ths repent was in repr fo the Vc feu oe Sszauted while she in room “1216” ofthe Grand Hyat Hotel located at 1730 Wes SeenPage 8 the City and County of Denver. It is known that four male subjects did arrive at the Grand Hyatt, Hotel on 11/14/2015 with two of the male subjects observed at check-in for room “1216.” These male subjects are identified by this Affient, through obtained FACEBOOK profile pictures, surveillance photos, and passport pictures as the listed defendant, suspect-Messer and suspect. {Ep Through comparison photos obtained from surveillance footage, FACEBOOK profile Photos, and passport photos, the listed defendant, suspect-Messer is one of the two suspects that walk into the Grand Hyatt Hotel, with the victim, on 11/14/2015 at 2329 hrs. The victim and her friend GM both identify suspect- MIN as the Canadian male subject that was at the Tavern Bar with them and one of the two male subjects that left the Tavem Bar with the victim. It is alse known through victim testimony that suspect AINE was one of the four male suspects that ‘Was present while she was being sexually assaulted by numerous hotel objects located in room “1216” of the Grand Hyatt Hotel. It is further known that Denver Police Crime Laboratory results revealed that cach one of the hotel objects that wes used by the suspects to commit # sexual assault on the victim, did have the victim’s DNA located on these objects, The Denver Police Crime Laboratory report also indicated the presence of male DNA on these collected and laboratory tested hotel objects. It is also known the suspect-Messer and the other three listed suspects did not have the victim’s consent to sexually assault the victim with the hotel objects listed. our Affiant has been notified by Homeland Security that suspect-Messer is arriving in Las Vegas, ‘Nevada on March 4, 2016, Based on the foregoing, your affiant respectfully requests that an At Large Warrant be issued for the arrest of COLBY JAMES MESSER, DOB: 2/11/1986 for Sexual Assault in violation of 18-3. 402(1)¢@),(5), C.R.S., Sexual Assault in violation of 18-3-402(1)(a),(5), C.R.S., Sexual Assault in violation of 18-3-402(1)(b),(5), C.R.S., Sexual Assault in violation of 18-3-402(1}(b),5), CRS., Sexual Assault in violation of 18-3-402(1}(h),(5), C.R.S. and Sexual Assault in violation of 18-3. 402(1)(h),(5), CRS... ‘J affirm this information to be true and correct. (NT Subseribed and Swom to before me this “ok dayof Laur. __, 2016, atthe City and County of Denver, State of Colorado. My commission expires: 4/22//7 ‘ PHYS COREA eal NOTARY PUBLIC NOTAR ic STATE OF COLORADO hy CONSTR ESBEOEE28 oy 201 West Colfax Ave., Dept.’801 Denver, CO 80202