GLENWOOD SPRINGS — Fredy Argueta Cabrera of Carbondale, accused of first degree murder in the death of one of his employees, and the wounding of a young woman reported to be Cabrera’s stepdaughter (see related story) during a shooting incident on the night of July 31, was brought back to Garfield County on Friday, after turning himself in to Mesa County authorities the day before.
Cabrera, 39, is being held without bond and without any formal charges in the Garfield County Jail, awaiting his first hearing before District Judge Denise Lynch on Aug. 5 in the Garfield County Courthouse.
It will be up to the judge to set bond in the case, said the sheriff’s public information officer, Walt Stowe, once formal charges have been filed and Cabrera has been advised of the charges against him and his rights under the law.
According to an arrest warrant affidavit filed by Garfield County Sheriff’s Investigator Joe LeMoine, the shooting incident was reported to authorities by multiple telephone calls to the 911 emergency dispatch center at approximately 11:11 p.m. on July 31.
As deputies arrived at the scene, at 1573 County Road 154 (Old State Highway 82), they saw a man, later identified as Douglas Menjivar, lying on the ground near a retaining wall with blood on his shirt. Menjivar, according to the affidavit, was rolling around and apparently talking, but the nearest deputy could not hear what Menjivar was saying.
Nearby deputies found a young woman, later identified as Leydy Trejo, also lying on the ground being helped by an unidentified woman who was holding a towel to Trejo’s right leg. According to the affidavit, several bystanders said the suspect in the shooting, Cabrera, had left the area before authorities arrived.
According to the affidavit, Trejo told a deputy that her “father,” Cabrera, “had shot her and Douglas” and that Cabrera “did not like that she was dating Douglas and that is why she believed that he had shot them.”
Trejo also told deputies she was concerned that Cabrera might harm Trejo’s mother and sisters, who lived with Cabrera at a home in the Blue Lake subdivision, near the unincorporated community of El Jebel.
During a survey of the crime scene, Dep. LeMoine discovered a revolver lying on a shelf of a barbecue grill. He wrote that the gun appeared to have been fired recently.
LeMoine then interviewed Misael Martinez-Rivas, who lives in the complex and who said he was inside his apartment playing the Mortal Kombat video game when the shootings took place. He said both Menjivar and Trejo lived in the apartment with him, and that the accused shooter, Cabrera, was his boss.
LeMoine asked Martinez-Rivas if he had any idea why Cabrera might shoot Menjivar and Trejo, and according to the affidavit, Martinez-Rivas replied that “Fredy did not like that Leydy was with Douglas due to Fredy wanting to be in a relationship with Leydy.”
Martinez-Rivas also told LeMoine that Menjivar had told him two weeks prior to the shootings that Cabrera wanted to kill Menjivar “due to him being in a relationship with Leydy.”
LeMoine also interviewed Noe Antonia Menjivar, another resident in the same apartment, who said he had seen the whole incident as it unfolded. He described the shooter, whom he called “William,” as approaching Douglas Menjivar and Trejo as the couple walked toward the apartment.
When “William” got close, Noe Menjivar told LeMoine, he pulled out a pistol and fired five shots, hitting Douglas Menjivar and Trejo.
Noe Menjivar said “William” did not say a word as the episode unfolded.
Both Martinez-Rivas and Noe Menjivar, according to the affidavit, later identified Cabrera as the shooter, when LeMoine showed them a photo of Cabrera that had been emailed to LeMoine’s cell phone.
LeMoine stated in his affidavit that deputies learned at 4:30 p.m. on Thursday, while a manhunt was under way to find Cabrera, that Cabrera had turned himself in to the Mesa County’s Sheriff’s Office.
An arrest warrant for Cabrera, signed by Judge Lynch, described the charges facing Cabrera as first degree murder, first degree assault, reckless endangerment and prohibited use of a weapon.