Case continues against Englewood man involved in Florence shooting – Canon City Daily Record

The Englewood man who allegedly shot a Florence resident in the leg appeared in District Court for a preliminary hearing Wednesday.

Justin Michael Smith, 32, is accused of shooting alleged victim William Kenneth Donald, 51, in the leg on April 19 near the Florence Elks Lodge.

Smith is currently facing the following charges:

• First-degree assault, a class 3 felony
• two counts of menacing, a Class 5 felony
• reckless endangerment, a Class 2 misdemeanor
• illegal carrying of a concealed weapon, a Class 1 misdemeanor

Assistant District Attorney Kyle Ipson presented several pieces of evidence and two witnesses during the hearing.

The first witness, Florence Police Officer Felix Montoya, reported that he was the first officer to make contact with Smith after the incident near the Florence Elks Lodge, and stated that Smith was in his car when Montoya arrived and that “Mr. Smith stated that he [Smith] shot him [Donald] in the kneecap” after Donald Smith allegedly hit him several times with a walking stick.

Madison Gurley, Smith’s public defender, noted that Smith had been “candid” about shooting Donald and questioned Montoya about his account of the incident.

She said Montoya’s report did not mention that Donald or his girlfriend Darla Kukich, 44, who was with him, jumped out of a nearby dumpster and asked whether Montoya had interviewed any other witnesses at the scene.

“I didn’t have time for that,” Montoya said. “A lot of people came in … and I kept saying, ‘You have to hold back’ … ‘until we’re done and then we can talk to you.'”

Ipson’s next witness, Florence Police Detective Alex Wold, described several pieces of video evidence that Ipson wanted to admit into court evidence.

A video obtained by Flipping Peddler shows two people, one of whom is believed to be Smith, leaving the Florence Elks Lodge at around 8:50 p.m. and that Donald and Kukich were driving south on Petroleum Avenue toward the Florence Elks Lodge at around the same time.

A video from the Florence Elks Lodge itself also showed Donald and Kukich moving toward the lodge.

A video from the Antiques and Arts of Asia store also showed Donald and Kukich, this time after the shooting. As Ipson noted, Donald could be seen “limping toward the liquor store.”

None of the videos showed the alleged shooting. All three videos were admitted as evidence in the case.

Gurley asked the court to find insufficient probable cause on count 1 – first-degree assault. “Because I don’t think there was any evidence presented today that shows, first of all, that a person was seriously injured, I understand we heard testimony that it was a gunshot wound to the leg, but no evidence was presented as to the severity of that injury. Also, I believe there is an issue of intent. I don’t believe there was any testimony here that showed intent on the part of Mr. Smith.”

Judge Colette Le Beau found that the witness statements presented were sufficient to submit Count 1 of the indictment scheduled for October 14.

A warrant was issued for Smith’s arrest on April 25 after he was released from Florence police custody on the evening of April 19. He turned himself in to the Fremont County Detention Center on May 2. He was released on $2,500 bail on May 3.

According to an affidavit from Wold, he responded to the shooting at about 9:52 p.m. on April 19 at the Elks Lodge in Florence. Officers had already been dispatched to the area earlier, and when Wold arrived, suspected shooter Smith was waiting at Paradise Liquors at 201 E. Main St.

The victim, Donald, “had sustained a gunshot wound to the right leg above the knee” and had already been taken to St. Thomas More Hospital.

After speaking with Smith, Wold learned that Smith planned to attend a wedding reception at the Elks Lodge on April 20 and had helped prepare for the event the day before.

The affidavit states that Smith claimed he fired in self-defense and that “the man he shot swung at him with a large stick, hitting him twice in the back and neck area. After he was hit, he shot the man in the knee in self-defense.”

Smith said he observed several people with flashlights looking into and at his vehicle, as well as at vans parked across the alley from the business. The affidavit states Smith walked to his vehicle, where he retrieved his firearm, a 9mm Taurus semi-automatic, and approached the individuals, who had walked to a dumpster.

“Smith said he kept telling them to go ahead and leave,” the affidavit states. “As soon as I drew my gun, the guy backed away (made a gesture as if he was pulling something back to strike him) and then punched me in the back and neck. I shot him in the knee.”

After the shooting, Smith called 911 to report the shooting himself and remained at the scene.

Wold notes in the affidavit that during his interview with the suspect, he observed no evidence of bruising, red marks, welts or swelling on Smith’s body from the alleged walking stick.

Later that evening, Wold also conducted interviews with victim Donald and his girlfriend Darla Kukich, 44. Their accounts of the events differed somewhat.

The affidavit states that Donald and Kukich were going to Loaf and Jug for a drink when they decided to check the Big Cat dumpster “to see what they could find there.”

Wold asked if he had hit Smith with his walking stick, but Donald said no.

The affidavit further states that Donald testified that Smith followed them across the street from the Big Cat Sanitation Building before the shooting occurred.

After the argument, Donald stated that Kukich accompanied him to the liquor store and they called the police because neither of them had a cell phone.

When questioned, Kukich confirmed that Donald did not hit Smith with his cane and that “she was afraid he was going to shoot her, too. The guy pointed the gun right at her when she tried to help William.”