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PROBABLE CAUSE ARREST AFFIDAVIT

Case#: 202100423
Arrestee: Okey Payne DOB: 07/21/1925
DATE FILED: February 4, 2021 8:43 AM
CASE NUMBER: 2021CR200
I, $.Treasure , swear under penalty of perjury that there is probable cause for the arrest of the above named
individual for the charge(s) stated in the attached document; that the facts are true and correct to the best of my
~ e , information, and belief; and that the facts supported the arrest of the defendant.

L4rw'Enforcement Officer's Signature

$.Treasure Lafayette Police Department

Law Enforcement Officer's Printed Name Law Enforcement Agency

FILED IN THE 20TH

I have reviewed the above materials and determined that: JUDICIAL DISTRICT

D They contain probable cause for the arrest of the above named individual. FEB O4 2021
D They do not contain probable cause for the arrest of the above named individual
and he/she is ordered released on a personal recognizance bond. BOULDER COUNTY, CO

BOND AMOUNT AND CONDITIONS

AMOUNT:$ _ _ _ _ _ __ Type: D Cash/Surety/Property
D Personal Recognizance
D Co-signed PR Bond
BOND CONDITIONS:

DNone
D No Contact With: - - - - - - - - - -
D No Alcohol
D No Contact Includes Victim Child(ren) D No Non-prescribed Drugs
D Pretrial Supervision D Possess No Weapons
D Report to Probation (within 24 hours of release) D Further Bond Evaluation
D Substance Abuse Monitoring (as determined by D No Driving
Community Justice Services) D No Driving Without Valid License
D Drug Testing D No Contact With Anyone Under 18 Years of Age
D Other Conditions: - - - - - - - - - - D Sobrietor
D Pretrial EHM
D Pretrial EHM With Sobrietor

Date Time Judge/Magistrate

Revised: October 2007

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Boulder County Jail Adult Custody Form

(Form Must be Complete)

Arresting Agency Case #: 202100423 Arresting Agency: Lafayette Police Department

Arresting Officer's Full Name: S.Treasure \ Arresting Officer's Number: 1706
Does Arrestee Possess government issue I.D.? Yes D No~ I Type: #
Is Arrestee to be booked and released? Yes D No~ Per Arresting Officer: S.Treasure

Bio2raphic Information
Inmate's Name: Payne, Okey DOB: 07/21/1925
Last First Middle
Alias Name: Alias DOB :
Sex: Race: Ethnicity: , Height: I Weight: Hair: Eyes: I Marital:
M w N/H 510 160 White Blue Married
POB City: State: I Country:
SSN: \ Driver/ I.D. (State & #) :
Home Address: Number 225 \ Street Waneka Parkway I Apt. 105 City: Lafayette
State CO Zip 80026 \ Phone: H- 720-381-6733 W- Other
Employment/School Info: N/A Occupation:
Address: I City: State: Phone:

Tria2e Questions to be asked by Arresting A2ency

Has inmate made any statement or shown any behavior that you are aware of that would cause you to believe
he/she may be suicidal? YesD No~ If Yes, provide details:

Medical Clearance: YesD No~ Medication Required: Yes D No~

Hospital: Name:
List any medical conditions the arrestee has that you are aware of: None

Which best describes arrestee's behavior with arresting/transporting officers ...

Cooperative~ Non-response D Verbally antagonistic D Combative D
Any other information you are aware of that would be useful for inmate management.
~oo~~~'L~~
i \cR. loo-~
Have you seen any indication that the arrestee suffers from any mental illness?: No

Revised: October 2007

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Arresting Agency Case Number: 202100423

Arrest Information
Location Arrest: 225 Waneka Parkway #110, Lafayette, Colorado
Location Offense: 225 Waneka Parkway, Lafayette, Colorado
Date of Arrest: 02/03/2021 Time of Arrest: 0733
Date of Offense: 02/03/2021 Time Of Offense: 0713

Associated Vehicle Information

Year: / Make: / Model: / Color: I VIN#:
Impounded? Yes D NoD Impounded by (agency/officer): Lafayette Police Department / $.Treasure
Arrestee Vehicle Location or Towing Company:
License State: I License Type: I License Number: I Exp. Date:
Damage / Condition:

Victim Information
Is this a Domestic Violence related arrest? : Yes D No [8J
Does any victim wish to be notified upon arrestee's release? : YesD No [8J
If yes, provide the following information: (Victim PIN# If Known)
Name: / Victim (1) PIN#:
DOB: / Sex: I Race:
Address: I City: I State:
Phone # Home: I Work: I Other:
Are there additional victim notifications? Yes D NoD If yes, please additional information below:
Name: / Victim (2) PIN#:
DOB : /Sex: . / Race:
Address: I City: / State:
Phone # Home: / Work: / Other:

Revised: October 2007

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Arresting Agency Case Number: 202100423
Char2es
# 1 - Statute (literal): 18-3-102(1 )(a) Charge (literal): 1st Degree Murder
Charge Level: 1 I Class: F I Jurisdiction: Lafayette PD I Bond$:
Warrant # / Dkt #: Summons#:
# 2- Statute (literal): 18-3-206(1)(a) Charge (literal): Felony Menacing
Charge Level: 5 I Class: F I Jurisdiction: Lafayette PD I Bond$:
Warrant # / Dkt #: Summons#:
# 3 - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant # / Dkt #: Summons#:
# 4 - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant # / Dkt #: Summons#:
# S - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant#/ Dkt #: Summons#:
# 6 - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant#/ Dkt #: Summons#:
# 7 - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant # / Dkt #: Summons#:
# 8 - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant # / Dkt #: Summons#:
# 9 - Statute (literal): - - Charge (literal):
Charge Level: j Class: I Jurisdiction: I Bond$:
Warrant # / Dkt #: Summons#:
# 10 - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant#/ Dkt #: Summons#:
# - Statute (literal): - - Charge (literal):
Charge Level: I Class: I Jurisdiction: I Bond$:
Warrant#/ Dkt #: Summons#:

Revised: October 2007

 ,,.

Narrative
In accordance with State Law the County Attorney's Office has determined that juvenile names can not be
released to the public.
Will you mention a Juvenile Name: Yes D No IZ] Arresting Agency Case Number: 202100423

On February 3, 2021, at approximately 0713 hours, I was requested to respond to Legacy at Lafayette, 225
Wanaka Parkway, Lafayette, Boulder County, Colorado, on a possible shooting. The Legacy is an assisted
living facility, and each resident has their own apartment.

When I arrived, patrol officers had taken Okey Payne (DOB: 07/21/1925) into custody in room #105. Okey
was handcuffed in front and he was placed into a patrol car. Okey had a walker, which was also put into the
patrol car, and Okey was taken to the Lafayette Police Department, 451 North 111 th Street.

I went inside the Legacy facility through the front door. In the entryway there was a large amount of blood and
a grey backpack. I was told the handgun that was used was in room #105. Based on public safety concerns and
concerns for the other residents in the facility, I went into room #105. Once inside I saw a handgun laying on
the desk and the magazine was lying on the table. The room was cleared to make sure no one else was inside
and was then secured by a patrol officer.

Okey told me he had an ear drum concussion and has only 25 % hearing in his left ear and 4% in his right ear
and he also has a catheter. Okey stated he does not have any other medical issues. Okey asked that I write
down questions so that he can understand what I am asking.

I followed Detective Brett Biggs to the police department with Okey. While Okey was getting out of the police
car, Okey told me that he shot Ricardo and he should have waited for At this point a handheld
recorder was started to record everything Okey said.

I did not ask Okey any questions as he was escorted to an interview room. Once we arrived at the police
department, Okey was unhandcuffed and escorted to interview room #2. Interview room #2 is a soft interview
room with two couches. This interview room is often used to interview victims and witnesses of crimes.

The current audio/video system that is installed in the interview rooms is non-functional. Therefore, I used a
personal recorder to audio record, and we videotaped the recording using a cell phone. Later we switched from
the cell phone to a video camera. I asked Okey for his date of birth, which he provided. I then began
explaining to Okey his Miranda Rights. Okey could not hear me, so I wrote down on a piece of paper each of
Okey's Miranda Rights. Okey told me he has a divorce lawyer, but he never asked for an attorney. Okey
acknowledged his Miranda Rights and waived his rights. Okey was given breakfast, and he then asked if he
could give a statement.

Okey explained to me since October 2019, the staff members at the Legacy have been stealing from him. Okey
said he complained to , who is in the sales department of the Legacy, but that was also
stealing from him. Okey also told his housekeeper, unknown last, that staff members were stealing from
him. Okey stated no one was helping him at the Legacy.

On Monday morning, (February 2, 2021), Okey checked his wallet and he found two $100.00 bills were
missing. He had gotten $500 dollars in cash out and had four $100.00 bills and the rest were broken down into
$20.00, $10.00, and $5.00 bills. He always keeps his money in his wallet. Okey explained he had written down
all the bill's serial numbers. One of the bills serial numbers ended in 06H and the other ended in 069.

Revised: October 2007

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On Monday (February 2, 2021 ), after Okey realized the money was missing, he went to confront
did not say anything to Okey and after Okey spoke to Okey went back to his room. He did
not speak to anyone else. Okey explained he was tired of them stealing from him.

This morning, (Tuesday, February 3, 2021) he woke up around 3 am, got dressed, and went to the front lobby
and waited. Okey explained he saw Ricardo Medina-Rojas ( walking in. Ricardo is a
maintenance worker for the Legacy. Ricardo signed in and completed his morning check-in. As Ricardo
turned to walk away, Okey got up and told Ricardo, "Where's my $200.00?" Okey said Ricardo "mumbled
something" and Okey pointed the gun at Ricardo ' s head and shot Ricardo one time in the head. Okey then
walked back to his room, he took the magazine out of the gun, and put the magazine onto the table so that
officers would know the gun was safe. He then put the gun on the desk. Okey told me he then waited for the
cops to arrive. Okey said officers knocked on the door and he came out. Okey told me "I should have waited
for and shot him instead". Okey said he is sorry but he's glad the "thievery" will stop.

Okey told this affiant that he thinks the staff at the Legacy are trying to kill him and take all his money. He also
believes his ex-wife is working with to steal his money. Okey told this affiant he has woken up with
needle marks in his big toe and he believes the staff are drugging him.

Your affiant asked Okey when the thefts started. Okey explained they started in October 2019. The old
manager was fired for stealing, and even after she left, the thefts continued. Okey said he told his housekeeper
when she would come in to clean what was going on. would come in on Monday and Thursday
and he would tell her what was going on. He also made complaints to however, oversaw
Ricardo, and everyone else who was stealing from him. Okey explained had forged two checks
belonging to him from Wells Fargo and Wells Fargo is no longer allowed to cash large checks from Okey
without confirming them with him.

Okey said he was tired of having money stolen from him. This morning when he woke up, he went to the lobby
and sat down. He had his gun on his right side next to his right leg. He was watching people and just sat there
like he does every other day. Okey said he was thinking about getting attention and making the thefts stop.
Okey watched Ricardo come in through the windows, and when Ricardo came inside, he decided he was going
to shoot Ricardo. Okey said he waited until Ricardo checked in and completed the safety checks, and then he
confronted Ricardo and asked him where his money was. Ricardo mumbled something and Okey raised the gun
and fired one time at Ricardo's head. Okey told me he "Blew Ricardo away". Okey stated it was too bad he
had to "waste" him (Ricardo), but he's hoping if something good comes from all this this is that the stealing will
stop. Okey then walked back to his room and waited for the police.

Okey told me during the interview, he had previous} y been told by staff that he cannot have a gun in the facility .
Staff members had taken his .22 caliber rifle and a Beretta handgun from his room and put it inside his storage
container, which is located at a separate storage facility in Boulder. Okie explained the .45 caliber ACP was
from World War 1, when his father carried it. Okey's father left him the .45 caliber and he has had it since he
was 23 years old.

Throughout the hours this affiant spent interviewing Okey, this affiant observed that Okey was clear headed,
lucid, and he provided detailed information regarding this incident. Okey was orientated to date and time and at
no point did Okey appear confused or unable to comprehend questions or our conversation. Okey had difficulty
hearing, but we were able to communicate through written questions and verbal answers.

Both the Lafayette Police Department and Adult Protective Services have investigated claims Okey has made
regarding thefts, however, all the claims have been unsubstantiated.
Revised: October 2007
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Ricardo was transported to Good Samaritan Hospital and was seen by Dr. Pyun. Dr. Pyun pronounced Ricardo
deceased at 1410 hours, due to the gunshot wound to the head.

Based on this information, I believe the crimes of P 1 Degree Murder, C.R.S . 18-3-102(l)(a) and Felony
Menacing, C.R.S. 18-3-206(1)(a), have been committed by Okey Payne (DOB: 07/25/1925).

FILED IN THE 20TH

JUDICIAL DISTRICT

FEB O4 2021
BOULDER COUNTY, CO

Revised: October 2007