Months after burglary victim charged with attempted murder, two theft suspects arrested

By Kirk Mitchell
The Denver Post

Two theft suspects, who for months remained free of charges even as an elderly man who said he tried to stop them from stealing his trailer faced an attempted-murder charge for shooting at them, were arrested Friday.

Damacio Torres-Ochoa, 32, was arrested about 3 p.m. in Boulder by federal agents, and Alvaro Cardona, 28, was arrested about 6:20 p.m. by Wheat Ridge detectives in a Westminster park.

Robert Wallace, 81, still faces numerous charges, including attempted murder, after police said he fired two shots at the suspects while they were fleeing his property at 3749 Sheridan Blvd. on Feb. 24. One of the bullets struck Cardona in the face.

But while Wallace was charged, Cardona and Torres-Ochoa remained uncharged for months as authorities tried to determine whether the attempted theft of Wallace's trailer was part of a larger ring under investigation by a task force.

Task-force investigators on Wednesday decided they would not pursue charges against Cardona and Torres-Ochoa, freeing Wheat Ridge to resume its investigation.

"I don't know what went into their decision-making," said Lisa Stigall, Wheat Ridge police spokeswoman. "We're just glad that they did. We will aggressively move forward."

Things did move rapidly from that point.

Arrest warrants were issued Friday for Cardona and Torres-Ochoa on felony theft and other charges, Wheat Ridge police said.

U.S. Immigration and Customs Enforcement agents saw that warrant after taking Torres-Ochoa into custody on an immigration violation at his place of employment in Boulder.

ICE will transfer Torres-Ochoa to the Jefferson County Jail, where he will be held on $100,000 bail. Cardona is being held at the jail on a similar bail. Both will appear in Jefferson County Court at 10 a.m. Monday.

The Wheat Ridge department has been criticized on local talk radio, notably the Peter Boyles Show, for taking aim at Wallace while letting the thieves go free. But Stigall said the two suspected thieves were never forgotten.

Wallace, a retired mechanic and amateur hot rod driver, called police at 8:47 p.m. on Feb. 24. Minutes earlier, he was sitting on his couch watching TV when he heard a loud noise.

He looked out his window and saw two men hooking his flat-bed trailer to their red Ford pickup. He grabbed a handgun, rushed outside and ordered the men to stop. They continued hitching the trailer and jumped in the pickup.

Dave Dechant, spokesman for the Jefferson County district attorney, said Colorado's "Make My Day" law applies only to homeowners protecting themselves inside their homes, not to someone protecting personal property.

Police said Wallace told a neighbor that he fired two shots that may have hit the back of the pickup as it sped away. Torres-Ochoa drove Cardona to a hospital minutes later and left him. Hospital employees noted a bullet hole in the truck.

Days later, Wheat Ridge detectives connected Cardona's shooting to Wallace's theft report. They went to Wallace's house to investigate.

Wallace repeatedly denied shooting at the thieves but eventually handed over the gun he had hidden, saying "here is what you are looking for," according to an arrest warrant affidavit.

Detectives arrested Wallace, and he went to jail.

In an interview in his garage Friday, Wallace said his property has been burglarized repeatedly because he never had enough money to put up a fence. He has been trying to sell the property but hasn't had any luck.

His right hand shook uncontrollably. "It's probably the onset of something. I only go to doctors when I'm in dire need."

Wallace is scheduled to be arraigned Sept. 7 on charges of attempted murder and assault with a deadly weapon.

http://www.denverpost.com/ci_15481877