COMBINED COURTS, MESA COUNTY, STATE OF COLORADO CASE NUMBER 16 CR Grand Junction Police Department Incident 16-00007541 ARREST WARRANT ‘THE PEOPLE OF THE STATE OF COLORADO, TO: _ ANY PEACE OFFICER IN THE STATE OF COLORADO, INTO WHOSE HANDS THIS WARRANT ‘SHALL COME, GREETINGS: WHEREAS, Detective /Julie Stogsdill, a peace officer, has made Application and Affidavit for the issuance of an Arrest Warrant; and, WHEREAS, the Application appears proper, and this Court is satisfied that there is probable cause to believe that the person named in the Application has committed the offenses of 1, Murder in the 1* Degree of a Peace Officer (1 felony), in violation of CRS 18-3-102 and 18-3-107 2. 1 Degree Assault (3 Felony) in violation of CRS 18-3-202 (3 counts) 3. 1 Degree Criminal Trespass (5 felony) in violation of CRS 18-4-502 (1 count) 4, Tampering with Evidence (6 felony) in violation of CRS 18-8-610 5. Fallure to register as a sex offender (6 felony) in violation of CRS 18-3-412.5 (1 count) 6. __Defacing a Firearm (2 misdemeanor) in violation of CRS 18-12-104 (1 count) 7. Possession of a defaced firearm (1 misdemeanor) in violation of CRS 18-12-103 8. Theft (2M) in violation of CRS 18-4-401 (3 counts) 9. Possession of a handgun by a juvenile (2 misdemeanor) in violation of CRS 18-12-108.5 10. Unlawfully carrying a concealed weapon (2 misdemeanor) in violation of CRS 18-12-105 11. Direct File, CRS 19-2-517 (1)(a)(1) Juvenile is 16 years of age or older at the time of the ‘commission of the alleged offense, and is alleged to have committed a class 1 felony YOU ARE THEREFORE COMMANDED TO ARREST Austin Patrick Holzer DOB 04/11/98, SS: EEE White male, 505” / 145 / Brown Hair / Brown Eyes, 654 Chalisa Avenue, Grand Junction, CO 81505. and bring them without unnecessary delay before the nearest available Judge of the County or District Court. Itis therefore ordered that Bond is set in agent os 0. Lin cones [Phan __ Fe : 2016. BY THE COURT ee eu lo JUDGE Return of Service I certify I arrested this person on at Dae Tine Mesa County, State of Colorado, OfficerCOMBINED COURTS, MESA COUNTY, STATE OF COLORADO ‘CASE NUMBER Grand Junction Police Department Incident 16-00007541 SSS AFFIDAVIT IN SUPPORT OF ARREST WARRANT IN THE MATTER OF: The People of the State of Colorado v. Austin Patrick Holzer, DOB 04-11-98 and in support of the Application for Arrest Warrant, Detective / Julie Stogsdill, hereinafter referred to as “Affiant”, presents the following Affidavit in support of Arrest Warrant and asserts the following: 1. That the Affiant is of lawful age and is a duly sworn law enforcement officer currently employed by the Grand Junction Police Department and was so at all times relevant to the facts contained herein. All of the information herein contained was compiled by the Affiant in the course of a criminal investigation, including speaking with fellow law enforcement officers and named citizens. All locations referred to are in the County of Mesa, State of Colorado, unless specifically noted otherwise. 2. On February 8, 2016, at 1106 hours in Mesa County, deputies received a report from dispatch that a male subject was walking past an office building holding a black handgun under his arm pit. The reporting party who observed the male was calling from 508 Fruitvale Ct, Mesa County, Colorado. 3. On February 11, 2016, Detective Stogsdill reviewed the audio recordings in dispatch. There are other times provided on the radio traffic not on the incident recall report. On February 8, 2016, Deputy Geer called out with the male at 1114 hours, at 1115 hours Deputy Geer aired, “Taser” and a male was heard screaming in the background. At 1116 hours, Deputy Bunch called shots fired and requested an ambulance. At 1116 hours, Deputy Bunch called Officer down with gunshot wound to the face and bleeding heavily. 4. On February 8, 2016 at approximately 1330 hours MCSO Investigator Piechota and Detective Heil contacted as: 950 Grand Ave (Strive main office) regarding a 911 call he made at approximately 1106 hours from 508 Fruitvale Ct. (RB informed Detective Heil he works for "Strive" at the address on Fruitvale Ct, which is another office location for the organization. 5. iBisaid this morning he was at work at the Fruitvale Ct. location and was Affidavit for Arrest Warrant Page |People v. Austin Patrick Holzer Incident number 16-00007541 ‘outside smoking near the far west end of the parking lot near the street. said a white male subject walking southbound passed within a few feet from him. After he passed INI noticed he was holding what appeared to be a hand gun in his right hand. IEEE described the subject's right arm was across his chest and his right hand holding the gun was tucked under his left armpit area, The subject's left arm was down at his side. [INE could see the barrel portion of the gun protruding from the back side of his armpit area after he passed. Based on Jdescription it is apparent the subject was likely attempting to conceal the gun from being seen. 6. said this subject walked south to the end of Fruitvale Ct. to Hwy I-70B. He saw this subject wait for traffic to clear and then cross the highway southbound towards railroad tracks running parallel to I-70B. (NNENMIsaid when this subject reached the railroad tracks he appeared to have his left hand out to his side and he was possibly waving it around. The subject's right hand was down towards his side and [EE heard two loud noises he believed were gunshots. IIE said he did not actually see the subject fire a gun but believed that is what happened. [EE said there were footprints in the snow where the subject walked over the tracks that could be seen from 508 Fruitvale Ct. INE said this subject made eye contact with him briefly when he first walked passed him and he did not say anything. EEE did not know where the subject came from other than the cul- de-sac just north of the Strive building. 7. [iiirecalled the subject was wearing tight fitting blue jeans that were sagging, a black, gray and red plaid jacket with a hood pulled over his head and a black bandana with a white paisley design covering his face. He believed his shoes were possibly gray or black athletic shoes. said the subject looked focused on where he was going, but that he was walking casually and did not appear to be in a hurry. iiibelieved the subject was a white male, approximately 5'8" to 6' tall and 150 to 160 pounds. He last saw him walking in a southeast direction over the tracks out of his sight. 8. OnFebruary 8, 2016, Investigator Craig Tyer interviewed [NN (DOB |. HEBtold Investigator Tyer he was travelling westbound on E Road near 30 % Road, he noticed there was a patrol car parked on the south side of the street with no lights on. As he drove by he noticed a deputy on top of a male. The deputy's Taser was being deployed on Austin’s back. He knew it was a Taser because it was yellow. He knows Taser’s are yellow. He indicated the male subject under the deputy was on his right side. He continued on and shortly after he saw two patrol cars running code on E Road. [lidid not hear anything he had his windows up. 9. On February 8, 2016, Investigator Lissah Norcross interviewed, in (Do8| (explained she attends Central High School in 11" grade. fexplained her lunch hour break starts at about 1107 hrs. on Affidavit for Arrest Warrant Page 2People v. Austin Patrick Holzer Incident number 16-00007541 Mondays since it's a “last start” day. [lllstated she and her good friend were heading to IJhouse for lunch as they often do. I explained she was driving her 4 door grey Chevrolet Impala, and was the passenger. HEB explained from the school she drove south on Warrior Way to east on I-70B to south on 31 ¥2 Road, to west on E Road. [ElMexplained her car windows were rolled up, due to the winter cold weather, and her radio was on low. [I explained she and [I were talking as they drove along E Road. 10, [explained she regularly goes from westbound E Road turning onto southbound 30 34 Road to get to her house. [lMexplained as she approached 30 % Road she noticed there was a Sheriff Deputy on the south side of the road in contact with a male. [Ill explained the officer and subject were on E Road between Ol’Sun Drive and 30 % Road. IEE could not give a detailed description of either the officer or subject, stating the officer was a male in uniform and she thought he was white. INIMsaid she only saw the subject from behind, but she was “pretty Sure” he was white wearing jeans and a black hat or bandana on his head. 11. [IlMexplained as she slowed down in anticipation of making the turn onto 30 34 Road, she saw the subject was on the ground and the officer was standing up facing the male. [EIB said she then saw the subject stand up and she saw the subject had a handgun. [EEE did not know what type of handgun, but thought it might have been black. ]was positive it was a handgun, not a long gun as we discussed she knew the difference. id next thing she knew she heard 2-3 shots as the subject shot the officer. INEM said the officer then fell to the ground. [explained she was afraid, we discussed she’s never previously been a witness to a violent incident, and her fear that she could have been shot. HB explained| {told her to drive away fast and she did so continuing west ‘on E Road. ‘said Jwas going to call 911, but before I made the call they saw several patrol officer cars heading towards the incident (describing they passed her driving eastbound). INN said she drove to her house via 30 Road and D ¥2 Road. [INEM said when she got home, her mom was there and she ended up telling her mom what she and [J witnessed. 12. On February 8, 2016, Investigator Lissah Norcross inter iene (008 IID. NEE explained she attends Central High School and is in 11 grade. xplained she and IEEE are good friends and often go to lunch together. mm id today their lunch time was around 1100 hrs. and they left the school in [car with [IEEE criving and III was the passenger. (explained as they were traveling westbound on E Road they saw an officer in contact with a male, describing they were on the south side of E Road right by where I usually turns to get to her house. [ described the officer as a white male wearing a tan uniform. [described the male as a white thin male, about 18-20 years old, “thin” about 115 pounds, with “skater hair” and she Affidavit for Arrest Warrant Page 3People v. Austin Patrick Holzer Incident number 16-00007541 ‘thought he was wearing a “snap back” hat. 13. Mexplained this all happened quick, but what she remembered was at first the male was on the ground and looked to be crawling away. NN said the officer had his gun out and pointed at the male. [jl and the male then got up and she saw he had a gun too. said the male then shot the officer and the officer fell to the ground. said she thought she heard 2 shots. 14. EEN soid NINN had slowed down to turn and [NI told her “let’s go” and told [Ito drive away fast. [NINN expressed she was afraid of what might happen to them if they stay. [NINN said as she and [NINN discussed what just happened, (HR 00 her phone out and was going to call 911. IEEE said she and [i then saw other officers drive past them going towards the shooting, so she did not call. [III said INNININ drove them to IIIlfhouse, where they told IH mom what they saw. [J said she did not return to school and eventually told her mom basically what she saw. 15. On February 8, 2016 at 1120 hours, Detective Faussone was present with [I (ER 2 30 % Road and E Road and obtained her statement. IM indicated she was driving westbound on E Road, which is east of the location some distance. ‘As she was approaching Olson and 30 34 Road she saw a young male standing on the side of the road with his arms and hands in an upwards positions. As she got closer she said it looked as if he was hollering, almost like in a distraught manner. He was facing towards the northeast at this time. He started walking east, then started running on the shoulder of E Road. She thought he may have turned onto O''Sun but she wasn't sure as a white van that was behind her blocked her view of where the person went. She pulled off to the north side of E Road and stopped. She did not get out of her car as she could see the officer lying on the ground and blood around his head. She was going to call 911 but saw the red lights of other emergency vehicle coming on E Road. Deputies received information the suspect was last seen on Ol-Sun, which is near the area of the shooting. Tennis shoes were found at 3085 E Road Grand Junction, CO, which is east of the shooting location. 16. On February 8, 2016, at 1130 hours, Investigator Robin Martin interviewed Il (DOB EEE on scene at 30 3% Road and E Road, Grand Junction, CO. white minivan was parked facing west on E Road just east of 30 % Road. stated she left her home at 1100 hours and was heading west on E Road. As she neared O'Sun she heard sirens and saw a cop of the side (south) of the road. She stated she started to pull over. She was passing Ol'Sun she noticed a white male, or possibly a light skinned Hispanic male, running eastbound on E Road. She said he had what appeared to be a gun in his left hand. She stated she remembered thinking to herself “What the hell is that kid doing with a toy gun and all the cops around?” When she pulled over she saw the officer laying on the ground and another cop car pulling up from the west and the officer running. She Affidavit for Arrest Warrant Page 4People v. Austin Patrick Holzer Incident number 16-00007541 17, 18. 19. 20. 21. 22. 23. remembered him trying to wake up the officer on the ground. She said she tried not to watch as she did not want to see what happened “no one wants to see that.” said she noticed the male who was running turned southbound on Ol’Sun from E Road at that point. She described him as being 16-17 years old, about 59”, an average teenager in build. She indicated he had a dark blue or black bandana on his face. She stated he had on a hoody, and eons Sc not see anyone else in the area where the officer was injured except the other officers who had responded. ‘At 1201 hours, Officer Earthman and her K-9 Joker arrived to track and started at the 3085 E Road, Grand Junction, CO using the tennis shoes as a starting point. The track led to the front yard of 494 OI'Sun Avenue, Grand Junction, CO. ‘At 1203 hours, officers made contact with the occupants of 494 Ol’Sun Avenue, Grand Junction, CO. [IEEEEE|who was at the house indicated he had contact with a male in the back yard who told him he had shot the deputy. [IEEE told officers the male told him he had shot the deputy and he told him to get the hell out of the house. At 1204 hours, officers contacted a male subject in the back yard and detained him. At 1208 hours, the male subject told deputies he had shot the deputy with a handgun. The male was examined by the rescue squad and cleared. The male was later identified as Austin Patrick Holzer (DOB 04/11/98). Holzer had a warrant for his arrest for a sex offense and was listed as a runaway. ‘After Austin Patrick Holzer was taken into custody and during the transport to the Grand Junction Police Department, he made numerous spontaneous statements to numerous law enforcement officers on scene that he had shot the deputy. Deputy JC Stratton transported Austin Holzer to the Grand Junction Police Department and used his audio recorder to make sure the contact was recorded. Austin Holzer was transported to the Grand Junction Police Department. Holzer rovided_his_parents information, Jwas contacted by cell phone and responded to the Grand Junction Police Department from Parachute, CO. On February 8, 2016 at about 1416 hours, GJPD Det. Julie Stogsdill and Inv. Danny Norris met with 17YO Austin Holzer (DOB 04/11/98) at the Grand Junction Police Department. Austin’s father was present for the initial portion of the interview and consented to the interview. Austin was advised of his rights pursuant to Miranda and an to speak with the investigators in the presence of his father, Affidavit for Arrest Warrant Page 5People v. Austin Patrick Holzer Incident number 16-00007541 24, 25. 26. Detective Stogsdill asked Austin what happened today, Austin responded, “Walking down 29 Road...unintelligible....crossed the street. Cop pulled me over and asked me if I just crossed the street like 30 minutes ago and then he says, Oh, yea, 30 minutes ago....unintelligible...put my coat on....I went to put my coat on. He said, don't put that on man. I said why not? Am I being detained? and he’s like, Yes, you are, and that’s when he tased me and then I had my hand on my belt when he tased me and...unintelligible...I could not get my hand out of my pants and off my belt and he kept yelling at me and asking me to, so that’s when I decided to shoot myself. It didn’t work and at that point, I tried to pull the gun out and shoot him. Didn’t work the first time and then I cocked the gun again and shot three time and I saw blood just coming out of his face. So, I ran and jumped the fence and hid in some shrubs.” Austin stated, "Um, I was just walking. I had a hat and a bandana on. A bandana 1 just always wear... the hat because I always wear it... a coat, but I knew that since I popped a couple of shots off, the cops had my description down ... unintelligible... so I pulled off... got my coat off and left everything else on. So I just kept walking, walking and walking and about right when I got to there, looked behind me and there was a sheriff. All I did was pull down my bandana and I just kept walking because I'm just not very confrontational. And then he got out and he was just... he was being nice, just doing his job. He said, so did you just cross the highway just now? I was like, I crossed at Dairy Queen like 30 minutes ago... he's like, okay... Dairy Queen... and I was like trying to put my coat on and he said no, don’t put that on yet. I was like woah, woah, woah, am I being detained? He said, yes, you are. And then he tried to grab my hand and I hooked it and he’s then he's like, hey, you're gonna get shot... unintelligible... get tazed and I had my gun in my pocket, but I wasn't trying to grab for that, I was trying to unintelligible... because that tazer really hurts. And I had my hand on my belt and I don’t know what was caught on it, but it was scaring me because I couldn't get it off and I had like a seizure or like some shit and I couldn't like he thought I was trying to shoot him and I was trying to shoot myself and then I tried to shoot him and it got to him and I said, dude, you're gonna get fuckin’ shot and he said, please shoot me and I cocked it back again and shot him three times in the face.” Austin also reported that the gun had a magazine, and that he reloaded the gun under the bridge and put 10 bullets in it. Austin said he was aware of his warrant. When asked why he didn’t want to be taken into custody, he communicated, “Too scared of being in jail for too long.” “I've been in jail... Fuckin’ a facility and I fuckin’ hated it. Hated all my life. I’d rather run then get caught by a cop. That's why I wanted him to shoot me. I knew I was going to jail. I was like just shoot me, please, just please. He wouldn't do it. He wouldn’t shoot me, Couldn't even shoot myself.” Investigator Norris asked Austin was the gun in your pants, Austin stated “Yea. It was in my, my... the tips of my fingers was on it at that point. I was trying to pull Affidavit for Arrest Warrant Page 6People v. Austin Patrick Holzer Incident number 16-00007541 27. 28. 29, pry my fuckin’ arm out, but it was like my belt... I don’t know if it was tightened too much ... if it was just tweeker, fuckin’ didn’t realize..." Austin described this occurred while the officer was on top of him. Austin admitted he was contacted by a Mesa County Sheriff's Deputy. He said the deputy was dressed in a police uniform and stepped out of a patrol vehicle. Austin acknowledged this contact was the result of him discharging a firearm numerous times at a previous location. He explained a witness observed him fire the shots and he believed the deputy was contacting him about discharging his firearm. Austin stated, “The cops had my description down”... “got my coat off and left everything else on. So I just kept walking, walking and walking about about right when I got to there, looked behind me there was a sheriff.” Austin stated, “I didn’t plan it all. I just wanted to fuckin’ walk and get a cigarette and stop being pissed off at myself. If I was shooting in the canal, I was being smart and then on the train tracks, I mean, I was being a little more dumb, but stil not shooting toward anyone. And I don’t have a chance to ever shoot that thing...unintelligible...so big...and then some fucker called the cops...but I didn’t want to get shot by a cop...I thought I could just walk away right there. I first talked to him and then he grabbed me...and I knew I was fucked. Like that. I knew I was fucked.” He said the deputy contacted him and began questioning him. He asked the deputy if he was detained and the deputy confirmed he was. Austin said he decided to run from the officer. The officer deployed his Taser striking him in the back. Austin said he had his hand on the gun and he was trying to pull it out when he was tased. Austin said he fell to his stomach and the officer got on top of him where they struggled over his hands. Austin removed the hand gun from his waistline and the deputy stepped back away from him, Austin said” And he couldn't see it... he couldn't see it and I had it out for like...my hand is still stuck like this and I still had it out like this...and it just didn’t work..click...and then I pointed it at him, because he finally got off because he saw it and I was like click...it didn’t work...and then I cocked it back and then pow, pow, pow.” Austin said he then shot at the deputy striking him an estimated three times. He believed he killed the officer. Austin said he was looking at his face. They were looking at each other. He didn’t give a shit about where his gun was. “I was trying to kill him.” “I was trying to get him to kill me.” “I didn’t want to go to jal.” Austin said he didn’t want to be shot by a cop until the cop stopped him. He then ran from the scene and was apprehended in a neighboring yard by other deputies. Austin indicated the handgun was a .22 Walther. Austin indicated he had scratched off the serial number so the owner of the gun would not get in trouble for anything he did with the gun. Austin indicated he did not know what happened to the gun that it might have fallen when he was running away. Austin was asked what did you think right before that happened, “What the fuck am I doing? Why isn’t he shooting? Why isn’t he shooting, what isn’t he shooting”. Affidavit for Arrest Warrant Page 7People v. Austin Patrick Holzer Incident number 16-00007541 30. 31. 32. 33. 34. 35. 36. 37. When asked are you thinking about hurting yourself now, he responded, "Fuck I am going to die in prison. I don't need to hurt myself. I am not suicidal at all..it was just cuz I knew I was gonna be a pedophile.” This detective is aware that Holzer had a warrant for his arrest for a sexual offense. During the interview with Austin he stated he heard a loud noise and felt something graze his left arm. He believed Derek had shot at him. During this interview Austin admitted to an extended history of drug use. He estimated that he has used methamphetamine dally since September 2015. He also admitted to using cocaine mixed with methamphetamine on a couple occasions. He on a couple of occasions took the prescription medication Adderall without a prescription. He also said that he regularly smoked marijuana. Austin reported he last used methamphetamine two nights previously on 02/06/16. This was the last time he claimed to have used narcotics. Austin Holzer indicated he hated cops. Detective Stogsdill is aware that during the interview, Austin demonstrated how he initially shot over his shoulder while on the ground when the officer was on top of him. ‘Austin indicated he had ran away in September 2015 and had not been residing at his father’s residence. While on the run, he broke into numerous vehicles, specifically big trucks. On three separate occasions when breaking into big trucks he stole handguns. He indicated he had stolen a .45, a .40, and the Walther .22. All of which were handguns. He indicated he sold one of the handguns for $150, one he traded for drugs and he still had the .22 Walther handgun. Austin also said when he was about 14YO he was prescribed Concerta after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). He claimed not to have used this medication since February 2015. Inv. Norris advised that he observed Austin’s pupils twitch left to right at a fast speed during the interview. At one point Austin was asked if he felt as though he was under the influence of narcotics. He responded that he didn’t know and asked if his pupils were large. He stared at Inv. Norris who noted the pupils appeared normal in diameter. Deputy Derek Geer (DOB 11/15/75) is employed as a Mesa County Sheriff's Deputy at 215 Rice Street, Grand Junction, CO. Deputy Geer was transported by ambulance to St. Mary’s Hospital with four gunshot wounds; one to his vest, one to the chest, one to the face and one to the hand. Hi RNIN 9 ee 2s placed on ite suspot, Affidavit for Arrest Warrant Page 8People v. Austin Patrick Holzer Incident number 16-00007541 38. 39, 40. 41, 42. 43. Deputy Geer was on life support in order to provide organ donation. On February 10, 2016, the organ donation was completed and Deputy Geer was taken off life support and died. Investigator(s) Norcross and Burg responded to St. Mary's Hospital following the shooting of Deputy Geer, to obtain evidence that was collected. Investigator Burg took photographs of the injuries to Deputy Geer. Geer had what appeared to be a gunshot to his left cheek area, a gunshot wound to his left clavicle/neck area and a gunshot wound to his left litte finger. The little finger was bandaged at the time of the photograph. Investigator Burg was present during a torso x-ray of Deputy Geer and noted what appeared to be a projectile still lodged in his body, and the left shoulder/chest area, | Deputy Geer was taken for a CAT Scan. Investigator Burg was told i! Investigator Lissah Norcross spoke to St Mary’s Hospital Emergency Room Attending Physician Dr. Weintraub. Dr. Weintraub signed a serious bodily injury form and advised| ‘Walther .22 handgun was found at the scene where Austin Holzer was hiding under a bush. The gun was placed in the bush where he was hiding. It appeared Holzer had to reach through the bush to place the gun where it was located. It wouldn’t have been a situation where it fell out of his pocket. On February 8, 2016, Austin Holzer was processed for physical evidence by Criminalist Stephen Brumbaugh and PST Cara Pellowski. A Gun Shot Residue (GSR) test was collected. While completing the GSR kit, Holzer said, "I should be dead.” Holzer was photographed, his clothing was collected to include pants, shirt, boxer shorts, and socks. Austin Holzer did not have any shoes on. Deputy Stratton who was present also turned over a lighter and necklace collected from Holzer when he was taken into custody. Holzer had two puncture marks on his back that he indicated were from the Taser. Austin Holzer had apparent injuries and abrasions to his hands, arms items obtained from Holzer and from the processing were booked into evidence. On February 8, 2016, at 1615 hours, Investigator Scott Ehlers completed a walk around of Mesa County Sheriff's Patrol Unit # 9305 that had been driven by Deputy Derek Geer. There was no damage or any defects found on the vehicle. Affidavit for Arrest Warrant Page 9People v. Austin Patrick Holzer Incident number 16-00007541 45. 46. 47. 49. There was a stain located on the rear tailgate just below the S in the word sherif. Investigator Ehlers photographed and swabbed the stain for processing. A round count of the shotgun and the AR-15 was completed. There were also four boxes of shotgun shells located in the interior of the vehicle. All rounds in the AR-15, shotgun and four boxes of shells were accounted for. There were photographs taken of the vehicle and it was placed back in service. On February 9, 2016, the area north of the Grand Valley Canal behind 508 Fruitvale Ct, the area of train tracks between Fruitvale Ct, 30 3% Road and E Road, and the area around 494 Ol’Sun Avenue all in Grand Junction, CO were searched for evidence. Seven Winchester .22 LR shell casings were collected from the canal in the area of ‘the Grand Valley Canal north of 508 Fruitvale Ct, Grand Junction, CO. ‘A Kyocera phone and a methamphetamine pipe were collected between 508 Fruitvale Ct and the Train tracks in the area of where the defendant walked on the south side of 1-70 Business Loop. A search warrant later revealed this phone belonged to Austin Holzer. Deputy Geer’s patrol vehicle was parked in the area of 30 3% Road and E Road, Grand Junction, CO on the South side of the road. Deputy Geer was down next to his patrol vehicle near the passenger side rear. Deputy Geer’s handgun a .40 caliber Glock was located between Deputy Geer’s legs. A hoody was located toward the front of the patrol unit also on the passenger side. Four spent .22 casings were found in close proximity to where the hoody was located. Deputy Geer’s Taser was located in the direction that Austin Holzer fled under the snow. Deputy Geer's Glock handgun was checked and was fully loaded to capacity, no rounds had been fired. On February 8, 2016, Detectives Heil and Frasier interviewed the father of Austin Holzer identified 2s Es at the G.J..D. There was no information obtained during that interview to suggest Austin suffered from any known mental health issues. [IEEE believes Austin's drug use and defiance to being told what to do are the issues he was having prior to the shooting with Deputy Geer. On February 9, 2016, C.B.I. Agent Bennett and Detective Frasier traveled to the Denver area to contact immediate family of Austin Holzer. On this same date, an interview was conducted with the mother and maternal grandmother During those interviews conducted at the C.B.I. office in Lakewood, Colorado, there was no information received that Austin Holzer suffered from any known mental health issues. On February 10, 2016, interviews were conducted with an ex-husband of (i Affidavit for Arrest Warrant Page 10People v. Austin Patrick Holzer Incident number 16-00007541 50, St. 52. 53. MM identified as This interview was conducted at residence of in Lakewood, Colorado. This is the residence Austin lived at for a period of time in 2013 with his mother a =: This also the location of occurrence for the incest charge involving Austin and [EE During that interview, there was no information received that Austin suffered from any known mental health issues, IEEE advised Austin was a smart kid who knew how to manipulate his mother and didn't like being told what to do. On February 9, 2016, C.B.I. Agent Bennett and Detective Frasier interviewed the paternal grandparents of Austin at the C.B._I. office in Lakewood. They were identified 2s iS 7c iis There was no information obtained during that interview that suggested Austin suffered from any known mental health issues. On this same date, iI vas interviewed at the C.B.I office. IIEdid not have any information to suggest Austin suffered from any known mental health issues. On February 9 and 10, 2016, Detective Rojo spoke with J (008 = three ae times. The first time and second time was at his residence, The third time [EEE was interviewed at the Mesa County Sherriff’'s Department. During the second interview, Officer Bovee responded and showed [EEEEa photographic lineup with Austin in position number three. [IIMindicated that he was confident that the individual in Position number three was the suspect in this case. Officer Bovee had no prior knowledge of this part of the investigation and showed. the photographic lineup without the presence of other law enforcement. This was before there was a release made from the media about involved in the shooting. On February 9, 201 told Detective Rojo that| (later identified as had been staying with for ximately 7-10 days, initially staying at a trailer which was located at| appro: jand moved into the business location on Fruitvale Ct. on 2/5/16. initially met| [through IEEE older sister approximately 4 months ago before < e about two weeks ago and thought her last name was [EE He thought! Jwas eighteen years old. Militarca the conversation saying [EE brought a boy, later identified as Austin Holzer, (DOB 4/11/98) to his house the night before the shooting saying he did not know or like Austin. [III stated he would not have let him stay if he would have known he had a gui HE said Austin left in the morning before an officer came to] front door asking if [INN had seen anyone run by the address. spoke with this officer throu door; the officer indicated that an officer was shot at. After the officer left, Pena HEB that it might have been “Jake from State Farm”, Affidavit for Arrest Warrant Page 11People v. Austin Patrick Holzer Incident number 16-00007541 55. 56. 37. which is one nickname that Austin went by, who may have shot at the officer. HI s2ic it may have been Austin because he was upset because Austin wanted to “be with” Jwanted to know if Austin was responsible for this stating Austin would “fry” if found out he had shot at an officer. J did not like what [llwas getting into or the friends she was keeping so he said he put her on a bus to Seattle at 1730 hours to live with a friend in Seattle. [BB provided the number to the girl in Seattic [NNN stating he did not know her name. IE advised [IJ had WiFi on the bus to Seattle and (had Facebook messaged a friend in Grand Junction stating Austin was involved and did it because he was “pissed off” at her. HEB initialy advised lcame tof with Austin in the late afternoon, 1700 hours, on Sunday. jimmediately did not like Austin stating one reason to be the "I Love Pussy” tattoo on Austin’s knuckles. IE was leaving and saying bye to friends so [INN did not say anything about her bringing a boy to his house. Austin did not have any belongings with him. said EE was sad because she had recently broke up with| Austin was very quiet, not talking, during the morning when [I began to do his work. [IE began to shampoo the floors of the shop they were staying in reiterating that Austin was very quiet and did not say anything. Austin left around 0900-1000 because, as [Mstated, he was “pissed”. As Austin was leaving, he gave (Ja “thumbs up” indicating that [J was doing a good job shampooing the carpet. INNEI—was glad Austin left because he was mad at her rejection of him. [stated Austin left the residence directly before thought Austin shot the officer. [IMJtold detectives he never saw a gun while Austin stayed at his residence and didn’t notice what Austin was wearing; he did say that Austin was bundled up. IEEE told detectives he did not think that had ever had a sexual rela with Austin in the past. said he did not see Austin with a phone or see him use [I phone. hone is Wi-fi only and loesn’t have Wi-fi. Austin did not ask to use phone. rep received a phone call from who was later identified as : told Ishe had heard from [on the bus via Facebook messaging that Austin was the one involved in the shooting. [EE said he thought (I who was Austin’s friend, was staying with a man who went by the nickname [EEE He tried to tell us and find out where EEE lived but could only find a general area. HB indicated that IIIMMleft his residence on February 7, 2016 around 1000- 1100 hours; Jdid not know where she was going. [brought Austin to the residence at roughly 1530-1600 hours on February 7, 2016. At approximateh 1700 hours the three of them were finished smoking methamphetamine. = Affidavit for Arrest Warrant Page 12People v. Austin Patrick Holzer Incident number 16-00007541 went to bed at approximately 2300 hours initially stating everyone went to sleep. Ina subsequent interview [IEEsaid he went to sleep first and Mand Austin went to sleep in the room next door after him. [INI woke up at approximately 0200-0300 on February 8, 2016, Austin and| and cuddling in the room next door. At 0700-0800, he noticed I was now asleep on the chair in the reception area next to the bedrooms/offices. After I woke up, [IEEE began to clean the carpets with a carpet cleaner and moved to the room Austin was sleeping in, getting fairly close to Austin, in an attempt to make Austin uncomfortable. Austin got up shortly after, sat in the chair [I was found sleeping in before leaving at roughly 1000 hours on February 8, 2016. (never observed any arguments between [I and Austin. 58. [EMM openly admitted to his addiction to drugs to include the drug methamphetamine. [EEE said as the three were together, he placed an unknown quantity of methamphetamine in a methamphetamine glass pipe. Jadmitted the methamphetamine and the glass pipe were his. [NNN said all three of them smoked the methamphetamine from his glass pipe. Knowing is experienced in the use and effects of methamphetamine, Investigator Craig Tyer asked him what he observed about Austin Holzer smoking methamphetamine. [EERE said in his opinion, Austin Holzer is an experienced in the use of methamphetamine. Investigator Craig Tyer asked if anyone forced Austin Holzer to smoke methamphetamine with the two. jsaid no, and stated Austin Holzer held the glass methamphetamine in his own hand, placed the heat to the pipe and smoked the methamphetamine. Investigator Craig Tyer inquired about what Austin Holzer did after smoking the methamphetamine, such as any visual effects of being under the influence. [NINN stated he did not see anything odd with Austin Holzer after smoking methamphetamine. 59. On February 10, 2016, Mesa County Sheriff’s Office Investigator Pete Burg and Detective Crocker interviewed [iI in Seattle, Washington. [NINE said she Facebook messaged Austin Holzer on the afternoon of February 7, 2016, asking him if he wanted to hang out. INN said Austin said yes and they met at the Domino's pizza located on 30 Road between 1 or 2 pm,| said she met him there because they have free Wi-Fi and she can use Facebook. Jsaid as they were walking back to NINN house/office, Austin pulled ‘a handgun out of the front pocket of his hoodie. NN Said they were near the Dairy Queen when he showed her the handgun. 60. [III said at one point before Austin left Ilhouse, Austin had taken her cell phone and taken some pictures with it. These pictures were of a letter that Austin had typed on his phone, but he was not able to send it tol so he took pictures of it, so she would find it later. IIE later showed detectives the pictures of this letter on her phone and photos of that letter were taken. Affidavit for Arrest Warrant Page 13People v. Au 61. 62. 63. 64. 65. 66. Patrick Holzer Incident number 16-00007541 (HEB said Austin was mad at her, because she was moving to Seattle and he was not going to be able to see her again. [NNN said Austin asked her how long he was able to see her today, (Monday, February 8") and she said told him it is time for him to go no said Austin became even madder when she told him that he needed to go. said she told him that because it was her last day in town, she did not want to spend the entire day with Austin and she had other stuff she needed to do. IEEE said she likes Austin as a friend, but nothing else. [IEINNsaid she and Austin had kissed and touched each other, over the clothes, but they have never had sexual intercourse before. HB told us when she saw Austin on Sunday that was only the third time she had seen him in person. II said she thinks Austin is a normal and sweet guy, but he wanted more out of their friendship. INNNNEIsaid she has known Austin since October of 2015. Detective Crocker asked IININNMif they had used meth at Ililoffice/house on Sunday night, February 7°". IEE said yes, when they got back to fll house, they watched [IE home movies and all three of them, Austin and her, smoked some meth out of a glass pipe. III said [MM provided the meth and she smoked a bowl or two. While on one of the busses, told detectives she had Wi-Fi service and she was Facebook messaging| Jand he told her that Austin had already talked about “going out this way” about a week ago because he did not want to go to prison for his warrant. [EE said she did not know what Austin meant when he told IEEE he was “going out that way”. On February 10, 2016, at 1245 hours, is ond HERES Were interviewed by Parole Officer Coffey and Investigator Lissah Norcross at their home, a Grand Junction, CO. Initially [ili had called the Mesa County Sheriff's Department about a suspicious vehicle driving by their home they believed to be connected to the suspect in the shooting of the Deputy. Both advised they had heard on February 8, 2016 that a male they know goes by the nickname “ET” shot a cop. They both said his real name is Austin, last name unknown. They met Austin in about 10/2015 when Ill bummed a cigarette off Austin when walking on 29 Y2 Road past the house. Between October and December of 2015 Austin was a friend and was at their home on several occasions and they discussed being Facebook friends with Austin who uses the Facebook name “ET Went Home". During December of 2015, Austin actually lived at their home for about 2 weeks prior to Christmas. [ijand INN talked about feeling sorry for Austin, who said his father had kicked him out of the house. Austin told Affidavit for Arrest Warrant Page 14People v. Austin Patrick Holzer Incident number 16-00007541 67. 68. 69. them he had warrants for something he did as a juvenile and he was on some type of probation, [said Austin said he knew next time he went to jail, he was going forever. Austin liked to play video games, like [I on [JPS3. Austin liked to play Modern Warfare, but they did not know him to make videos of himself gaming. Austin was told to leave the home and never return in December of 2015 after they found Austin had stolen money they were saving for their baby as is in her 9 month of pregnancy. [li ciscussed during the time they knew Austin in 2015, he saw Austin smoke tobacco, meth and marijuana, Austin offered to sell meth to [J and Austin talked about using Acid. [said when Austin was not high on drugs he was a nice person to be around, but both stated Austin acted different when on drugs. i talked about Austin being gone for days, then showing up with a backpack full of property and Austin admitted to [lit was all property stolen from vehicles. Il said Austin was “frying on dope all the time”. [llsaid he used to use drugs, so that’s how he recognized all the signs. Austin said he had worked at Burger King, but walked away from the job. Hiand HII did not see Austin in person from the time he was kicked out until February 7, 2016. Mil and IMM both had some Facebook and Facebook messenger contact with Austin during that time. [last had message contact with Austin on February 5, 2016. Both stated Austin was unexpectedly on their doorstep when they returned home from an errand at about 1430 hrs. on February 7, 2016. They let Austin in and [smoked a cigarette with Austin and asked what was going on because he noticed "something was off” with Austin. Both said Austin appeared sober as he was “talking clear, straight minded”. However, they noticed Austin was acting “ten foot tall, like nothing could touch him”. [lsaid the conversation turned to [having an air rifle and Austin pulled out a black “Walter 22”, unloaded the gun, and handed it to [ilMasking if {J wanted to buy it. [ll admitted he touched the handgun and then handed it to I admitted she touched the handgun also. [ij and [talked about how Austin was not being safe with the gun, explaining he pointed it towards them as he unloaded the gun and they know that’s not proper gun safety. [INN said Austin said he would let them buy the gun for $200. Neither had ever seen or heard of Austin having a gun any time prior to this date. Both [and provided fingerprints and buccal swabs for elimination purposes after touching the gun. [Hllisaid due to the way Austin was acting, the fact he had a gun, and the fact he had stolen from them in the past, Ill gave Austin the gun back and told him he had to leave. They said Austin left at about 1440 hrs., stating the entire contact was about 10 minutes. Il said Austin left walking away southbound on 29 2 Road. Affidavit for Arrest Warrant Page 15People v. Austin Patrick Holzer Incident number 16-00007541 70. 71. 72. 73. 74, They had heard Austin previously talk about a dad and little sister. Austin had said hated dad for kicking him out and prior physical abuse. [llsaid Austin said his sister was his favorite person, but they did not know her name. Illsaid Austin had said he had ADHD and took meds for it, but neither ever saw him take medication. _When asked if Austin had mental health issues, both said they did not think so. IMlltalked about knowing what Mental Health looks like due to family members and Austin didn’t act that way. Both admitted it was hard to tell if the personality changes were due to drug usage or mental health issues. Both stated they never saw or heard about Austin hearing voices or anything obvious like that. Both said Austin often smelled bad and clearly had not showered when he showed up at their home during those 2 months. They assumed that was because he was homeless. Neither knew Austin to have a steady girlfriend. [ll and [IM had a discussion about whether or not Austin was a “ladies man”. [jlithought Austin thought he was a ladies man, specifically because he called girls “bitches” and one time Austin and an unknown female had sex in the bathroom for 3 hours. Il also said Austin always looked at girls, but stated he never does that because he’s a happily married man. Il thought Austin was not a ladies man, in fact she felt he was not good with girls as he had asked her advice about girls several times. II said she noticed if Austin was bent over like when picking something off the floor, if a male walked into the room Austin got uncomfortable and acted “weird”. [I wonders if Austin may have been sexually abused by a male when younger, but he never told her that. [NMlsaid Austin said something about really liking a girl, but the girl didn’t want anything to do with him. [NNN said she thought the girl's name started with “A” but she could not recall the name. On February 10, 2016, Detective Prescott contacted jat Innovative Textiles where Austin Holzer had worked in 2015. Jwas a supervisor who described Austin as a really good worker, said he was quiet and kept to himself. ‘She did not know him outside of work. On February 10, 2016, Detective Prescott attending the autopsy of Derek Geer. 2016, Detective(s) Rayside and Struwe interviewed at Dairy Queen at 3002 170 B Loop, Grand Junction, CO. Jsaid he knew Austin Holzer and had met him for the first time around Christmas 201: said he considered Austin a friend and they On February 1 Affidavit for Arrest Warrant Page 16People v. Austin Patrick Holzer Incident number 16-00007541 75. hung alone mostly. They did not hang out in a group, so he did not think other people would necessarily know they were friends. [NINN believed that Austin and [NNhad sex, but he did not have details. id Austin did not know BB very long, but he fell in love with her. He said Austin hung out with her for about three hours and fell in love with her. He said Austin acted “weird” about [He said he “kinda went crazy over her.” [IEEE said he did not think Austin was a cutter and Austin did not appear to have mental health issues. [EEE sic Austin was really depressed about the anniversary of the death of one of his (unknown) friends. [INNENNEEIsaid the anniversary was the day before (Sunday, February 7, 2016) the shooting of Deputy Geer. JINN said that at the same time, Austin was also depressed because the day of the shooting, IIlItold Austin that she did not want to be more than friends with him and that she was moving to Seattle, WA. [INNENNINIEsaid Austin said his deceased friend “went out some way,” meaning he died in some fashion. Detective Struwe reminded [ER that he texted IEE something to the effect that Austin was talking about “going out that way.” INI said Austin was playing around, but that he was saying he wanted to do that. INN said, "He's (Austin’s) like, “I want to do something, something bad, or something, like, like gangster like that, “just for his friend that died.” IEE explained that Austin also posted that he wanted to do something “gangster like that...something bad.” Detective Struwe asked to clarify what he (GINNNINB meant when he said “gangster like that” referring to what Austin was talking about. [IEEE said, “I don’t know shooting someone. I guess shooting someone, or even robbing a store or something...doing anything bad just for his friend, just like, I don’t know, just’ cus his friend died, I don’t know it was kind of weird.” IEEE said Austin told him this in person, but [EEE did not think, “he was real about it.” He said Austin was saying if he “wanted to go out, that would be the way, like he wanted to go out like his fr-(pause), um, um, just go out by doing something bad, like, and, especially ‘cus his friend had died the day before.” [NM said that was what he meant about the suicidal thing. confirmed that he knew what suicide by cop was. [IEEE said he thought Austin was talking about suicide by cop, but not in a serious way. He said he did not think Austin was trying to get killed, he said he though Austin did it because he had warrants and he did not want to get caught. [EEE said he knew Austin had warrants, but he did not know what for. He said he did not think Austin did what he did as suicide attempt, rather he did it because thought he could “get away.” Detective Struwe asked [EEE what Austin was saying the week before this happened. He reiterated that Austin said he wanted to do something “bad” for his dead friend. He said it was not a long conversation, just a couple of sentences. Detective Struwe asked [NINN if he could tell him about the gun he had. jsaid Austin wanted to Keep the gun because he was a small person and he needed it to protect himself. [NEEM said the gun was a .22. He said he saw it the day before “that happened.” He said they went to IIE house together Affidavit for Arrest Warrant Page 17People v. Austin Patrick Holzer Incident number 16-00007541 76. 77. 78. and then they were walking down the street when Austin said something about the gun. [IEEE said he did not know he had it on him, but later when they were sitting on the bus (GVT), Austin lifted up his shirt and showed him that he had it. He said Austin had it in his waistband, but he moved it to his pocket. He said it was a small, black handgun. He said it was a P22. He said it was a semi- automatic. Detective Struwe told [II about how Austin told police that the gun was stolen, but that he could not remember exactly where he stole it from. [EEE sic Austin also told him that he (Austin) had stolen the gun while he was “car hopping (stealing from cars).” (HER reiterated how Austin was talking about wanting to do something G (gangster) for his friend.” INN brought up again how Austin was saying he did not want to get caught for his warrants. [EEN said Austin pretty much said that he'd rather, like shot the cop than get arrested and go to jail.” Upon running Austin Patrick Holzer 4/11/98, he had an active felony warrant for Failure to Comply._ The originating charge was the incest charge, with [i PERRIER 25 the Vict: The cose vos transferred to Mess County, He was on probation in Mesa County and required to register with the Grand Junction Police Department. He initially complied and registered at the Grand Junction Police Department prior to September 25, 2015. His father reported him as a runaway in September 2015 and no longer at his residence. Austin Holzer did not contact the Grand Junction Police Department to report a change of address required as a registered sex offender. Holzer in his interview admitted to running away and no longer having contact with his father at the [NNN Grand Junction, CO. That the Defendant is identified based upon Grand Junction Police Department records as follows: Austin Patrick Holzer, DOB 04-11-98, RACE W / SEX, 505” tall, 145 pounds brown hair brown eyes, address 654 Chalisa Avenue, Grand Junction, CO 81505. That the Victim is identified based upon Grand Junction Police Department records as follows: Derek Geer, DOB 11-15-75, 215 Rice Street, Grand Junction, CO. Derek Geer is a 15 year veteran of the Mesa County Sheriff's Department and was in the United States Navy. Affidavit for Arrest Warrant Page 18People v. Austin Patrick Holzer Incident number 16-00007541 ‘That based upon the above information, the Affiant has probable cause to believe the following: That the Defendant, on 02-08-16 in Mesa County, Colorado, committed: 1, Murder in the 1 Degree of a Peace Officer (1 felony), in violation of CRS 18-3-102 and 18-3-107 2. 1 Degree Assault (3 Felony) in violation of CRS 18-3-202 (3 counts) 3. 1 Degree Criminal Trespass (5 felony) in violation of CRS 18-4-502 (1 count) 4. Tampering with Evidence (6 felony) in violation of CRS 18-8-610 5. Failure to register as a sex offender (6 felony) in violation of CRS 18-3-412.5 (1 count) 6 —_Defacing a Firearm (2 misdemeanor) in violation of CRS 18-12-104 (1 count) 7. Possession of a defaced firearm (1 misdemeanor) in violation of CRS 18-12-103 8, Theft (2M) in violation of CRS 18-4-401 (3 counts) 9. Possession of a handgun by a juvenile (2 misdemeanor) in violation of CRS 18-12-108.5 10. —_Unlawfully carrying a concealed weapon (2 misdemeanor) in violation of CRS 18-12-105 11. Direct File, CRS 19-2-517 (1)(@)(1) Juvenile is 16 years of age or older at the time of the ‘commission of the alleged offense, and is alleged to have committed a class 1 felony Gree fant STATE OF COLORADO) ) COUNTY OF MESA) ss. ‘The foregoing was subscribed and sworn to before me th Bahn — DISTRICT COURT JUDGE IF day of February 2016, by, Julie Stogsdill ‘Affidavit for Arrest Warrant Page 19