‘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: ISAIAS VILLA Mitchell R. Morrissey, Reg. No. 13784 District Attorney, Second Judicial District By the undersigned Deputy District Attomey 201 West Colfix Ave., Dept, 801 Denver, CO 80202 Phone Number: 720-913-9000 Fax Number: 720-913-9035 Filed inthe County Court (ity & County of Denver Colorado WAR 2 4 2016 CLERK OF COURT A _COURTUSEONLY A | Case Number: 16CR01879 Div.: Criminal Ctrm: sO COMPLAINT AND INFORMATION TWO CHARGES: COUNT 1: SEXUAL ASSAULT, C.R:S 18-3-402(1)(h) (F3) {0411L} COUNT 2: SEXUAL ASSAULT, C.R-S 18-3-402(1)(d) (F4) {04114} ¢ ( 242016 Bond set at: $, Sdovo —Sudgex A aeesceac’’'" SignaturePeople v. ISAIAS VILLA ‘Case No. 16CR01879 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 |: SEXUAL ASSAULT (F3) Between and including approximately August 5, 2006 and August 6, 2006, ISAIAS VILLA 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; in violation of section 18-3- 40X(1)(h), CRS. SCQUNT 2: SEXUAL ASSAULT (F4) Between and including approximately August 5, 2006 and August 6, 2006, ISAIAS VILLA unlawfully, feloniously, and knowingly inflicted sexual intrusion or sexual penetration on 4 person not the defendant’s spouse, and at the time of the commission of the act the victim was less than fifteen years of age and the defendant was at least four years older than the victim; in violation of section 18-3-402(1)(4), CR.S. All offenses against the peace and dignity of the People ofthe State of Colorado.County/District Court THE PEOPLE OF THE STATE OF COLORADO City and County of Denver, Colorado ; Offense Case No. 2006-36448 B AFFIDAVIT AND APPLICATION FOR ARREST WARRANT AND THE ARREST WARRANT FOR THE PERSON(S) OF: Issias VILLA, Date of Birth 10/31/1985, DPD Number 641598, White male, 5’-7", 230 Ibs., Black hait, Brown eyes, for C.R.S.'18-3-402 (1) (D), Sexual Assault to a Child, Class 4 Felony, and CRS. 18-3-402 (1) (A), Sexual Assault/Victim Inoapacitated, Class 3 Felony, || Deoaine Wiles | Saslton (5025), tao Atay sais mda on nt aac Ka toto Afar WER clan pObCTC GSTS ‘aleve hata criminal offense was commited, and hat the offenge was commited by to above named persons), ao the fllowing, On December 9, 2015, Your Affiant (8 Police Officer for over thirty years, and currently assigned to . the Denver Police Departments Major Crimes Division / Homicide Unit) received case mumber 2006- 36448 for additional follow-up investigation. The original Denver Police Department Incident Report ‘was completed by Officer Loretta Beauvais, 05120, on August 7, 2006. ‘On Monday, August 7, 2006, at approxim: ately 4:15 p.m., Denver Police Officer Loretta Beauvais, 05120, was dispatched to Good Samaritan Hospital, 200 Exempla Circle, in Lafayette Colorado, regarding. > in the City and County of Denver. ‘The victim told Officer Beanvais that on Saturday, August 5, 2006, she was with her friend (ig unknown last name, and they went to a party together at Alameda and Huron St. The victim stated she only had one cup of beer at the party and then received a call from another friend, Issiah, who told her hhe was coming to the party to pick her up, The victim stated (told her not to go with Isaiah, but she ‘went anyway. ‘The victim told Officer Beauvaié that she and Isaiah went to the area of W. 32™ Ave and Vallejo St. located in the City and County of Denver, State of Colorado) where there was another party. She stated the party was in the back yard of « house on the comer, The victim stated she was the only female at the party and that there were eight or nine other males at the party ranging in age from seventeen to nineteen years old. The victim told Officer Beauvais that she had a lot to drink at this party. She stated she drank Patron tequila, Vodka, Bacardi ram, brandy, and beer. ‘The victim told Officer Beauvais that Isaiah later told her that he had to carry her to his car when they intoxicated. The victim stated Issiah then drove her to his Jeft the party because she was extremely hhouse, in Denver, on W. 32"! Ave, near Irving St. The victim stated she woke up Sunday morning, August 6, 2006, around 11:30 e.m., in Isaiah's bed, with no clothes on. She stated Isaiah wis next to ‘her, but was fully clothed. The victim stated her right hip and upper arms were hurting. She statedPage 2 AFFIDAVIT AND APPLICATION FOR ARREST WARRANT Zesiah told her that e was taking care of het and that she had removed her clothiig after complaining of being too hot. The victim stated she was not sure what had occurred at Ieaish's house, Officer Beauvais asked tho victim if she hed any type of relationship with lxiah, or if he was her boyftiend, ‘The Victim stated "no, he is just « homeboy". ‘The victim told Officer Beuuvais thet she went buck to sleep and woke up around 10:00 pm. and hed Isaiah tke her to gt house inthe area of 78% and Monaco Phwy. The victim then told Alig/hat had ‘happened and called her mother to come pick her up. ° iunow the exact address. She later described his house.as being on W. 32" Ave, near irving St, and Spoor Blvd. This area is within the City and County of Denver, State of Colorado, On Tuesday, August 8, 2006, this cise was assigned to Sex Crimes Detective Mylous Yearling, 96045, for follow-up investigation. Detective Yearling reported that the victim and hes mother did not show up at the Sex Crimes Unit as requested. ‘ Detective Yearling reported that he submitted a request to the DPD Crime Lab to have the sex assautt ‘kit analyzed. Detective Yearling continued trying to get in touch with the victim, but she would not retarn any of his messages. Détective Yeatling eventually inactivated the case. On September 14, 2006, Detective Yearling received a report from the DPD Crime Lab regarding the ‘cxamination of the sex assault kit recovered from the victim, SAS dob: 0948/1991. The fhe presence of semen. Ms, Kilmer also advised that DNA extricted from the cervical swabs as well as from the known buccal / saliva sample from th victim, SMR would be subritted for DNA (STR) analysis. On March 3, 2007, Detective Yearling received an additional report from the DPD Crime Lab regarding this case, The report was completed by Forensic Scientist Susan G. Berdine, The report detziled the following analysis and results. : 1. Short Tandeni Repeat (STR)-DNA anilysis was conducted on the cervical swabs, and the known saliva sample from the victim, SRAFFIDAVIT AND APPLICATION FOR ARREST WARRANT 2. The DNA profile obtzined from the cervical swabs sperm faction presents as a mixture. The major source male DNA profile fiom the cervical swabs was submitted to CODIS and any matches will be reported. The report stated that the "weak alleles" were consistent with the victim, [i iim, On Tuesday, November 10, 2015, the DPD Major Crimes Cold Case Unit received a Combinéd DNA. Index System (CODIS) Match Laboratory Report from the Deaver Police Department Crime Lab in reference t0 this case. The report was completed by Forensic Scientist Shawn O'Toole. This report gave the following information. ‘The report stated that the major source mele DNA profile from the cervical swabs sperm fiuction (IE) resulted in a CODIS hit to Colorado Offender Isaias Villa. The CODIS hit wes a match at 13 or more genetic loci. Identifying information name: Isaias Villa, dob: 10/31/1985. SID mumber: 1782543 FBI number: 233609HCS On Wednesday, February 17, 2016, at approximately 11:00 a.m., Your Affiant met with and interviewed the victim, SUNINMMNININEE 2t her home in Westminster. The victim confirmed that on the night of the incident she went to W. 32™ and Vallejo St. with a male party that she knew as Isaiah, with the nickname of “Eazy”. She stated that she had met Isaish approximately three years prior to this incident and that Iseiah had sold her “weed” and cocaine. She stated he also priovided her with alcohol. The victita stated she never had a relationship with Isaiah and never hed consensual sex with him. Sho never considered Isaiah as being her boyfriend. ‘The victim stated while they were at the home at W.32™ Ave and Vallejo St. she did three lines of a White powder that she believed was cocaine. She stated Istiah provided the white powder to her. She Stajed she then hed a sip of beer and déce not remember anything after thet. She stated she blacked out {aad neve ad tht happen o her before. She ante hat daring tht eid of hrf she was inking alcohol, smoking marijuana, and doing cocaine alot, but had never had it effect her to the point where she didn’t remember what happened. She stated the next thing she remembered was. ‘waking up in Isaiah’s bed at his mom's house on W. 32™ Ave, near Irving St, the next morning, Sho stated she only had her panties and bra on. The victim stated Isaiah told her that she got so drank that he had to carry her to his car, He stated he then brought her to his house and “took care of her”. The victim stated she had Isaiah take her back to her friends house in Commerce City, where she then had ‘her mother pick her up. Her mother then took her to the hospital after being told whet heprened the night before. Page ‘On Friday, February 26, 2016, at si 11:00 a.m. Your Affiant and Victim Advocate Sarah Chaikin respond to SIMA an agin mt wi he vn, mags ese ‘was shown a photograph of Isaias VILLA, dob: 10/31/1985, DPD # 641598, Photo #7872546, The ‘was obtained from the Denver Sheriff's Department booking systern and listed a bookingPage 4 AFFIDAVIT AND APPLICATION FOR ARREST ‘WARRANT [On Friday, March 4, 2016, at approximately 9:25 a.m. Your Affant responded to the Denver County Jail and met with Isaias Villa, dob: 10/31/1985. Mr. Villa was being held at the jail on unrelated charges, Mr. Villa was advised of his Miranda Rights by Your Affiant. Mr. Villa stated he understood his Miranda Rights and agreed to speak to Your Affiant. Mr. Villa signed the Miranda advisement form indicating he understood his rights, and that he wished to voluntarily epeak to Your Affianr Ms. Villa stated that in August 2006 he was twenty years old end was living with his mother, in the area'of 10" Ave and Newton St. He was not sure of the exact address, Mr. Villa stated hehat agitltiend named M29 atthe time and he thought she was cighteen years old. Mr. Villa admitted that he had sex withG@@@Ragg numerous times while they were together. He stated they were together for S006 ror Mr. Villa stated he Ad not remember picking @ERIRG up at a friend's house in August of 2006 and then having her pass out at his house, He stated they would smoke “weed” together, but denied ever giving her cocaine. When he was told AMRIIER was only fourteen years old in August of 2006, Mr. Villa stated “I thought she was older”. On Thursday, March 17, 2016 at approximately 11:00 aim. Your Affiant presented this case to Chief Deputy District Attomey Dawn Weber. After reviewing the facts of the ease D.A. Weber accepted the case for the filing of CRS, 18-3-402 (1) (D), Sexual Assaait to a Child, Class 4 Felony, and CRS. 18-3-402 (1) (H), Sexual Assault Victim Incapacitated, Class 3 Felony. ‘Based on the aforementioned information, your Affiant respectfully requests that a probable cause ‘arrest warrant be issued for the suspect, Isiais Villa, dob: 10/31/1985,Pages AFFIDAVIT AND APPLICATION FOR ARREST WARRANT 1 afin hs fofomationo be toe and coret of Affiant ‘Subscribed under oath before me on. SAR 6 G2 3b an ‘Date Time Tage oc Nota ss ARREST WARRANT ‘To all Sheriffs, Peace Officers and Police Officers with the exid State: ‘You are hereby to fhe person ofthe defindant end bring him without uneceaary delay before a Judge ofthe County ‘commanded to (Court to be dealt with according o Bailfixed at § EB esaace ne 7) . "HEREBY CERTIFY Gat cel sb was a) ‘by taking,