THORNTON, Colo. — One of two teens charged with first-degree murder in connection with the killing of another teen in December said he "panicked" during a planned robbery of the victim and fired a gun but didn't realize he had actually struck the victim, according to an arrest affidavit.
Jonathan Garcia, 19, and Matthew McMahon, 18, are charged with:
- First-degree murder
- Second-degree murder
- Aggravated robbery
- Conspiracy to commit aggravated robbery
They're accused of fatally shooting and robbing 18-year-old Fernando Perez on Dec. 3, 2021, in Thornton. According to the DA's office, Perez was killed after the suspects communicated with him on social media and arranged to meet him to purchase clothing.
Perez brought two shirts and a pair of jeans to the meeting, the affidavit says. The suspects got away with one of the shirts, but the jeans were left at the crime scene, the affidavit says. It's unclear what happened to the other shirt.
According to the Thornton Police Department (TPD), officers were called to the area of 101st Avenue and Clayton Street at around 8:17 p.m. on Dec. 3 for a report of a person down.
A woman who was driving home spotted what she thought was a backpack on the sidewalk and then turned around so she could a better look at the item with her headlights because it was dark, the affidavit says. That's when she spotted the victim and blood on the sidewalk, according to the document.
Thornton police officers responded and found an injured man, who was identified as Perez. He later died from his injuries at the hospital.
A search of Perez's phone led them to a Facebook chat conversation where he was setting up a meeting to sell two shirts and a pair of pants for $250, the affidavit says.
Messages between Garcia and McMahon show them exchanging photos of the items they wanted to steal which were featured in an ad by Perez. One of them was a red True Religion T-shirt, which was not recovered at the crime scene, the affidavit says.
Investigators later found photos of McMahon posted on his Facebook page in which he was wearing a red shirt, that matched the one missing from the crime scene, according to the affidavit. The photo was uploaded on Dec. 9, the affidavit says.
Cellphone data from both suspects' phones put them in the area where security footage obtained by investigators showed a gun being fired on the night Perez was found, the affidavit says.
Garcia eventually admitted that he and McMahon intentionally set up the meeting with Perez to rob him of the clothing, the affidavit says. He said that McMahon was driving and that he was in the backseat, and said this was the "typical placement" when they commit robberies, in case the victim needs to get into the car, the affidavit says.
He said Perez first met them standing outside the driver's side window and when they requested that he get inside the vehicle Perez turned to walk away, the affidavit says.
Garcia said he "panicked" and fired his weapon, the affidavit says, and also yelled at Perez to get in the vehicle. That statement was backed up by a security video in which a male voice is heard yelling at the victim to get in the car as they drove by him, the affidavit says. Not long after a gunshot is heard, according to the document. The video shows the victim bending down to pick up his cell phone which he dropped, the affidavit says. It also shows the suspect's vehicle making a U-turn and speeding away from the area.
The victim continued westbound on the sidewalk, before dropping the jeans on the sidewalk and collapsing at the location where he was eventually found, the affidavit says.
During the interview, Garcia became emotional and said he did not know he had shot Perez and stated that he had seen him walking near a parked truck as they left the area, the affidavit says.
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