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Affidavit details what led to fatal Golden hit-and-run in bar parking lot

A fight broke out involving the suspects before they got into a pickup and drove it into a crowd, killing one and injuring six, according to an affidavit.

GOLDEN, Colo. — A suspect accused of driving a pickup truck into a group of people outside a bar – killing one and injuring six – had his first court appearance Monday, while the arrest affidavit in the case reveals what witnesses said led to the hit-and-run crash.

Ruben Marquez, 29, who's suspected of driving the Chevrolet Silverado, and Ernesto Avila, 25, who police said owned the pickup and was a passenger, were in custody and appeared in Jefferson County District Court on Monday morning.

Marquez was held without bail, while the judge set Avila's bail at $100,000 cash only. Their next court appearance is set for Friday, when charges are expected to be formally filed.

Jefferson County Sheriff's Office deputies responded to a report of a hit-and-run crash at 1:45 a.m. Sunday to the Rock Rest Lodge, at 16005 Mount Vernon Road. Deputies found eight victims when they arrived. One victim died at the scene, four were taken to hospitals with severe injuries, and others had minor injuries. One of those who was hospitalized has been released.

RELATED: 1 dead, 7 injured in bar parking lot hit-and-run

Multiple witnesses described to investigators what led to the crash, according to an affidavit.

They said an argument broke out between two groups of people in the parking lot, which then escalated into a fistfight. The affidavit said Rock Rest security worked to break up the fight before Marquez and Avila got into the Chevy pickup.

Court records said the driver then accelerated toward a group of people in the parking lot, striking several of them. Investigators said Marquez was driving the vehicle.

"The way he swerved into people was on purpose," one of the witnesses said, according to the affidavit.

Among the victims, two were bar patrons, four are Rock Rest employees and one was a bystander, according to the Jefferson County Sheriff's Office.

After the crash, witnesses said, bystanders ran up to the pickup, which had stopped, and tried to pull the driver out. One of the people in the pickup got out and ran, and a bystander tackled him, according to the affidavit.

A man who lives across the street said he saw everything happen. After the crash, he didn't want the suspects to get away, so he said he tried to help police. 

"I tried to take the license plates off the truck before it started to take off," said the neighbor, who did not want to share his full name. "If they ran away or something, that way the police could have something to catch him."

One person told investigators that earlier in the evening in the bar, the two groups involved in the fight had exchanged lighthearted banter about gang issues.

Both of the suspects told law enforcement after their arrests that they were drunk. Avila said he had consumed at least four drinks, and Marquez told a deputy while being taken into custody, "I'm f------ drunk," according to the affidavit.

Marquez, 29, is facing charges of:

  • First-degree murder
  • Vehicular homicide
  • First-degree assault (three counts)
  • Second-degree assault (three counts)

Marquez has a long criminal history dating back more than a decade. His record starts in 2011 and includes a conviction of illegally possessing a weapon and vehicle theft.

Court records show that at the time of the crash, Marquez was on parole for an offense out of Colorado Springs and was under arrest for violation of a protection order. He also was not allowed to possess or consume alcohol or controlled substances.

According to police, the truck was registered to Avila, who faces eight counts of being an accessory and also leaving the scene of an accident involving death.

The third person who was in the pickup was initially taken into custody but was not facing any charges.

Credit: Jefferson County Sheriff's Office
Ruben Marquez
Credit: Jefferson County Sheriff's Office
Ernesto Avila

Editor's Note: Investigators previously reported a different number of victims in this incident. This story has been updated to reflect the corrected number of people injured.

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