OFFICE OF THE DISTRICT ATTORNEY

CAROL CHAMBERS, DISTRICT ATTORNEY 18TH JUDICIAL DISTRICT

SERVING ARAPAHOE, DOUGLAS, ELBERT AND LINCOLN COUNTIES

6450 S. REVERE PARKWAY Centennial, CO 80111 (720) 874-8500 FAX (720) 874-8501

May 31, 2011 Chief Daniel J. Oates 15151 E. Alameda Parkway Aurora, Colorado 80012 Re: Aurora Police Sergeant Patrick Shaker, 11-9176 Dear Chief Oates: On May 13, 2011, Detective Craig Appel filed his investigation of a shooting involving Sergeant Patrick Shaker and Daniel Garcia. I have completed my review of the case. On March 15, 2011 Aurora Police Department received a 911 call from Tammy Mastes who claimed that her brother, Timothy Collins, and her daughter, Lesley Kirk, were being held hostage by Daniel Garcia who was armed with a gun. Ms. Mastes ultimately advised law enforcement that Mr. Garcia was holding the hostages in a blue Isuzu Rodeo. Ms. Mastes stated that Mr. Garcia was in the rear seat. Eventually, officers were able to locate the Isuzu Rodeo. Officers Clark, Falco, Luallin, Rivas, Stricklin and Sergeant Shaker formed a hostage rescue team. Officers heard a shot within the car and immediately acted to protect the hostages. Officer Luallin broke out the rear driver side window. Daniel Garcia fired his weapon striking Sergeant Shaker in the left arm. Sergeant Shaker fired his weapon, after being shot, striking and killing Mr. Garcia. Sergeant Shaker was shot by Daniel Garcia in the left arm before he returned fire killing Mr. Garcia. Officers Falco and Luallin observed Daniel Garcia point his firearm out the broken window. Officers Rivas and Clark recalled a shot being fired out of the Isuzu Rodeo before Sergeant Shaker fired his weapon. Mr. Collins and Ms. Kirk escaped although Mr. Collins received two gunshot wounds. Ms. Kirk and Mr. Collins survived however Mr. Collins was injured on the arm and back from gunfire. Given the crime scene reconstruction it appears that Mr. Collins was struck by a bullet fired by Sergeant Shaker. Mr. Collins appears to have been shot based on his close proximity to Mr. Garcia. I find no evidence that Sergeant Shaker intended to shoot Mr. Collins and it appears that his injuries were accidental. A Ruger P95 9mm caliber pistol was recovered from Mr. Garcia. Mr. Garcia pistol was found to contain four live rounds on March 16, 2011. The Isuzu Rodeo was searched on March 16, 2011. Two .9mm shell casings were found on the rear floor mat and five .9mm live rounds were found on the rear floor mat. The shot heard by the hostage rescue team appears to have been a round fired by Mr. Garcia through the back seat pocket of the front passenger seat. This shot did not strike the occupants of the Rodeo.

Mr. Garcia had an active arrest warrant for escape at the time of his death. Ms. Kirk described Mr. Garcia talking like he was going to die shortly before shooting Sergeant Shaker. Mr. Garcia told Lesley Kirk that he was not going back to prison. It should be noted that Mr. Garcia had a prior offense involving shooting at police officers. I find Detective Appels investigation to be thorough and complete. Based on the information presented, Sergeant Shakers conduct was not criminal. All evidence and statements obtained during the investigation indicates that the lives of the hostages and law enforcement were in danger and Sergeant Shaker fired his weapon only after being shot by Mr. Garcia. Sergeant Shaker was acting in self-defense pursuant to 18-1-704, C.R.S. and 18-1-707, C.R.S. If you have any questions, please feel free to contact me. Sincerely,

Jason Siers Chief Deputy District Attorney

cc: Carol Chambers, District Attorney