AURORA, Colo. — An Aurora man has now been charged with first-degree murder in connection with a crash that killed his brother, according to an update from the 18th Judicial District Attorney's Office.
Lee Fabricius, 50, was formally charged on Oct. 3 with the following:
- First-degree murder-after deliberation
- First-degree murder-extreme indifference
- Vehicular homicide-DUI
- First-degree assault-extreme indifference
- Vehicular homicide-reckless driving
Aurora Police (APD) and fire crews responded to a single-vehicle crash in the 22600 block of Heritage Parkway just after 10:30 p.m. on Sept. 24.
Investigators determined a 2014 Dodge truck driven by Lee Fabricius had been driving east and ran off the road into a park bench and trees.
The crash resulted in the death of his brother Dale Fabricius, 60, who may have been walking down the sidewalk, APD said in an original news release.
According to an arrest affidavit for Lee Fabricius, he was traveling at 76 mph when his vehicle left the roadway and came up onto the sidewalk where his brother Dale was likely located.
The tire tracks, after leaving the roadway, show no swerving, according to the document.
No "obvious evasive maneuvers" were found at the scene, indicating that the driver (Lee Fabricius) "did not try to correct the vehicle or steer to avoid hitting Dale," the affidavit says.
The day before he was killed, a friend texted with Dale Fabricius and said that his brother Lee was "threatening suicide" the affidavit says. Dale responded and said he was out of town until the next day.
On the night of Sept. 24, just before 10 p.m., there are text messages believed to be between Dale and Lee in which Dale tells Lee, "please go back to John's safe house before you kill yourself and [sic] alcohol. You are so wasted tonight you didn't even recognize me," according to the affidavit.
Minutes later, a nearby resident said he heard a vehicle "loudly accelerating" and driving "very fast" on Heritage Parkway, the affidavit says. That witness then heard a loud crash and called 911.
Lee Fabricius told investigators at the scene that he was alone, according to the affidavit. Dale's body wasn't located until about an hour later because it was partially obscured by landscaping.
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