Jury enters deliberation following closing arguments in Longmont drive-by shooting trial

Nicky Andrews, Daily Times-Call, Longmont, Colo.
Updated ·4 min read

May 21—A jury will resume deliberations Wednesday in a Longmont drive-by shooting case in which one teen was fatally shot and another injured.

Yahir Solis, 21, 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.

Following the conclusion of testimony on Monday, attorneys made their closing statements Tuesday morning. Boulder County Deputy District Attorney Taylor Suta read through each charge and argued as to why Solis committed the offense before citing numerous messages Solis had sent to members of East Side Longmont, the gang which the victims of the shooting were affiliated with.

"He made good on every single word he said," Suta said. "That's not being scared, that's deliberation, that's intent and that's why you all know he's guilty of murder in the first degree."

Suta also brought up the evidence presented in the case and walked through the actions of Solis and the victims the day of the shooting. Suta argued that during the shooting, Solis fired three shots from his car before getting out and firing nine more.

"He decided to take aim at those three he knew were in the park," Suta said. "He made the decision to start firing. He didn't stop, he got out and shot nine more rounds. Why else would you get out of the car if not to get a better aim?"

Defense attorney Ben Collett argued that Solis fired out of fear, which he said could was supported by the "scattered and scared" orientation of the shots and the facts that there were six ESL members in the area at the time of the shooting.

"You heard ESL has a reputation for showing up with weapons, with guns," Collett said. "He's scared, he can't do what the plan was."

Collett continued, "He doesn't do the sort of things you'd expect someone to do if they wanted to make sure they've killed someone."

Collett also asked the jury to understand the mindset that Solis was in and gang culture.

"If he backs down now, if he doesn't show up, then he's going to get harmed," Collett said. "He's going to get harmed by a group that in their own words is everywhere."

Collett added ESL influenced the police investigation by tampering with evidence and stated that the prosecution in the case "has come under the control of ESL" which manifested in the prosecution not providing context behind the Solis' texts with ESL members in month leading up to the shooting.

"We've not been given a complete picture of those conversation," Collett said. "Some of the blame falls on the police, some of it falls on prosecution and some of it falls on ESL."

Following Collett's closing arguments, Deputy District Attorney Adrian Van Nice told the jury that Solis was not scared in the moment and said it was not a case of self-defense.

"Who's making the threats? Who's initiating the conversations? The defendant every single time," Van Nice said. was scared at the time of the incident and argued that the shooting brought the community around Kensington Park together to care for the victims. "Is this a coordinated gang activity or is this a community and family in the midst of an unspeakable tragedy coming together trying to support one another?" Van Nice asked the jury."]

Following closing arguments, the jury was released to begin deliberations shorty before noon. They failed to reach a verdict after about five hours of deliberations and were sent home Tuesday afternoon. They will resume Wednesday morning.

Solis, who remains in custody, faces life in prison without the possibility of parole if found guilty on the first-degree murder counts.

According to an affidavit, on the day of the shooting the three boys were walking through Kensington Park 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 the 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.

Rosales was hit in the chest and 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.

About six minutes after the shooting, police located Solis in a vehicle near Second Avenue and Pratt Street that matched the description of the vehicle in the shooting. A gun was found in the vehicle, according to the affidavit.