| ‘County/District Court ‘THE PEOPLE OF THE STATE OF COLORADO City and County of Denver, Colorado Offense Case # 16-649859 AFFIDAVIT AND APPLICATION FOR ARREST WARRANT AND THE ARREST WARRANT FOR THE PERSON(S) OF: Julian Archuleta, Date of Birth: 03-18-1968, a Hispanic male, 53” tall weighing 160 pounds with brown eyes and black hair, Colorado driver’s license # 95-07-0252 for the crime of: CRS. 18-4-401 (1) (a) Theft (Class 1 Misdemeanor) CARS. 18-8-404 (1) (a) and (1) (c) First Degree Official Misconduct (Class 2 Misdemeanor) CRS. 18-8-610 (1) (@) Tampering with Physical Evidence (Class 6 Felony) ——— 1 Ser Kev Bry, 9505 te Af at nero eis Iaown oe Aan which lish robles blow ‘that criminal offense was committed, and tht the offense was committed by the above named person(s), are the fllowing: a Octobe 07,2016 at spproximatly 3:0 am, Offer lan Archulet, badge number 04054, ofthe Denver Police Department responded to W. 50 Avenue and N. Washington Street to cover additional Denver Police officers on a shots fired call. This is located within the city and county of Denver. The primary officers, Corporal James Costigan, badge number 01019, and Officer Jeremy Olive, bedge ‘number 05129, had called out through dispatch that unknown suspects in a vehicle had fired shots in their direction while they were atthe 7-11, located at 4708 N. Washington Street. A short pursuit ensued and the suspect vehicle was involved in a single car rollover accident at W. 50" Avenue and N. Washington Street. The driver of the suspect vehicle fled the scene on foot and the passenger of the vehicle was unconscious in the passenger seat. Upon the arrival of Officer Archuleta, he assisted with taking photographs of the scene, to include the passenger, the vehicle, and a handgun which was observed behind the passenger seat between the rear seat and the door. Detectives and the Crime Lab were notified and it was determined that the vehicle ‘would be held for a search warrant. The passenger was identified as Bertrand Uhde, date of birth 12- 03-1988. Officer Archuleta was wearing a body worn camera (BWC) and it was activated for approximately 24 minutes and 40 seconds while he was on scene. During this time, Officer Archuleta can be seen searching the suspect's clothing after it was removed by the paramedics at the scene. An unknown amount of cash is discovered and it is placed on the front passenger seat of the suspect vehicle. One stack of bills is observed and contains a $100 bill or the outside of the stack. Officer Archuleta is observed separating the $100 bill along with some ctther bills folded inside the $100 bill, from a stack with a $1 bill on top. The BWC then moves to view the front of the passenger seat while Officer ‘Archuleta transfers the large bills to his other hand. |When the BWC pens back to the seat, the stack with the $1 bill is observed but no large bills are present on the seat. Officer Archuleta then rearranges some paperwork on the seat by placing it on top of the remaining bills in an attempt to conceal the cash. Officer Archuleta shines his flashlight on the beat and rearranges the paperwork a second time to completely cover the remaining small bills.Page 2 AFFIDAVIT AND APPLICATION FOR ARREST WARRANT A search warrant is obtained for the vehicle. Detective Jared Purdy, badge number 06143, responds to the scene and assists Crime Lab Investigators in processing the scene and collecting evidence. $118 in cash is collected from the front passenger seat, to include the following denominations: 1 $50.00 bill, 2 $20.00 bills, 1 $5.00 bill, 6 $2.00 bills, 11 $1.00 bills for a total value of $118.00. There were no $100.00 bills. The cash, along with suspected narcotics, the firearm, and other items are placed into the Property Bureau as evidence. ‘While Detective Purdy is reviewing the BWC footage from Officer Archuleta, he views the $100 bill and realizes that it was not collected at the scene by the Crime Lab. It is also not checked into the Property Bureau as evidence as part of this case, Officer Archuleta makes no mention of the cash in +is written statement. The Internal Affairs Bureau is notified. Further investigation reveals that there is no additional missing cash in the suspect vehicle and no other officers searched, touched or moved any items in the vehicle prior to the execution of the search ‘warrant. On October 10, 2016 Officer Archuleta was called into Internal Affairs Bureau and was served with the Notification of Complaint, which contains the incident date, incident location, and the specification of Evidence and Personal Property. Later that day, Officer Archuleta telephones Detective Nick Rogers, badge number 86037, and notifies him of the complaint. Officer Archuleta related that the complaint “had something to do with a theft”. He also related that he was going to “check his war bag” to make sure the money hadn’tsslipped into a crevice. Approximately one hour later, Officer Archuleta telephoned Detective Rogers again and related he found 12 $100 bills in his war bag and that the money “must have fallen in his bag”. Detective Rogers directed him to turn the ‘money over to Internal Affairs Bureau. On October 10, 2016, at approximately 4:20 pm, Officer Archuleta responded to Internal Affairs Bureau and tuned over 12 $100 bills to Lieutenant Steve Addison, badge number 95066. Officer Archuleta declined to make a statement. These actions are direct violations of the Denver Police Department policy on handling of evidence and/or personal property. Detective Purdy related that Officer Archuleta's actions at the scene (moving items inside the vehicle prior to the warrant being executed and the missing cash) were a contributing factor in the decision by the District Attomey’s Office to decline the filing of formal charges on the Aggravated Assault case. Based on the aforementioned information, your affiant requests that the court find that there is probable cause to issue a warrant for the arrest of Julian Archuleta, 03-18-1968 for C.R.S. 18-4-401 (1) (a) Theft (Class 1 Misdemeanor), C.R.S, 18-8-404 (1) (a) and (1) (c) First Degree Official Misconduct (Class 2 Misdemeanor), and C.R.S. 18-8-610 (1) (a) Tampering with Physical Evidence (Class 6 Felony). | affirm this information tobe trve and correct | ree Pe Lens Signature OF Affiant ‘Subscribed under oath before me on.Page 3 AFFIDAVIT AND APPLICATION FOR ARREST WARRANT ARREST WARRANT To all Sheriffs, Peace Officers and Police Officers with the said State: ‘You are hereby commanded to take the person ofthe defendant and bring him without unnecessary deity before a Judge of the County (Court to be dealt with according to law. Bail fixed at $ of Judge Cages Le Date Lol a7) see hs Buscas, THEREBY CERTIFY that | exout the above warrant on (8x8) a w2P- Le by whing —UNian Arehs\eso 2222-2 (name of person arrested) into custody and placing said person in the ees waapail for sufckeeping until ‘ure order ofthe court Signature ‘Officer