Nov. 28-A judge has ruled there was enough evidence for the suspect in a Longmont drive-by shooting to be held without bond and for the charges against him to be upheld.
Yahir Solis, 19, is charged with felony counts of first-degree murder after deliberation, first-degree murder - extreme indifference, two counts of attempted first-degree murder after deliberation, four counts of attempted first-degree murder - extreme indifference, first-degree assault causing serious bodily injury with a deadly weapon, first-degree assault - extreme indifference and illegal discharge of a firearm.
Solis is also charged with misdemeanor counts of resisting arrest and criminal mischief.
Boulder District Judge Patrick Butler ruled there was probable cause for the felony charges after a preliminary hearing Monday. He also ruled there was enough evidence for Solis to be held without bond.
According to an arrest affidavit, three teen boys were walking through Kensington Park about 1:49 p.m. Aug. 20 when they noticed a silver sedan traveling eastbound on Longs Peak Avenue.
Two of the teens told police that when the car turned south on Kensington Street, they saw the driver lean out the window pointing a gun and begin shooting. The boys tried to run, but one of them was hit in the chest and another was hit in the leg.
The 13-year-old who was hit in the chest, Isahis "Zay" Rosales, was declared dead after being transported to Longs Peak Hospital. The 15-year-old who was hit in the leg survived, while the third person was not injured.
One bullet was also found in the door of a nearby townhome, according to the affidavit.
About six minutes after the shooting, police located Solis in a vehicle that matched the description of the vehicle in the shooting near Second Avenue and Pratt Street. A gun was found in the vehicle.
At the hearing, Longmont police officers and detectives testified that the three juveniles had "multi-generational familial ties" to a gang called East Side Longmont, or ESL.
Solis was reportedly a member of a Lafayette gang and exchanged threatening messages on social media with the teen who was injured in the shooting.
Boulder Chief Trial Deputy DA Adrian Van Nice said the social media messages, location data on Solis' phone, gunshot residue on Solis' hands and witness identification made it clear Solis was the shooter.
She also said there was "zero evidence of self-defense in this case."
Defense attorney Benjamin Collett after the hearing chose to rest on the testimony except for the two attempted murder charges connected to residents of the home struck by one of the stray bullets.
Collett said the attempted murder charge required Solis to know there were people in the house.
"In this case there is absolutely no evidence that Mr. Solis was aware that there was anyone there," Collett said.
But Butler disagreed, saying Solis should have known the shooting represented a "grave risk of death" even to those he was not targeting.
"This is a Saturday afternoon in the summer in an area of a park which is surrounded by residences," Butler said.
Solis is set for an arraignment hearing on Feb. 10. Collett asked for the longer setover because the state has yet to appoint a second defense attorney for the case and he is still waiting on some discovery.
Van Nice said she was OK with the three-month setover, but did ask that the case be either set for trial or resolved at the February hearing.