The affidavit states that Ken Nelson had possession of the murder weapon – a .40 caliber Glock model 22 – following the murder.
Shawna Nelson is accused of shooting Heather Garraus, wife of former Greeley Police officer Ignacio Garraus, to death on the night of January 23 as Garraus was leaving her job at the Colorado State Employee's Credit Union.
Testimony in court documents claims that Ken Nelson, a Weld County Sheriff's deputy at the time, heard the call go out over the radio–a call that mentioned his wife as a possible suspect–and started to drive to his home with Kell Hulsey, who was also with the Sheriff's department.
On the way to his house, documents say Nelson spotted his truck being driven by his wife.
According to the documents, he pulled his wife over and left Hulsey to watch Shawna Nelson.
A short time later, the documents go on to say, Ken Nelson arrived at the Weld County Drug Task Force office.
There, Greeley Police obtained the handgun Nelson had in his possession.
The arrest affidavit says on July 3 the Colorado Bureau of Investigation concluded, "through microscopic examination of the evidence, that the Glock model 22 (found in Ken Nelson's possession) fired the two .40 caliber shell casings recovered from the crime scene. Additional investigation, with assistance from the Bureau of Alcohol, Tobacco and Firearms, confirmed The Defendant (Ken Nelson) purchased this firearm on July 11th 2006 in Greeley, Colorado."
The documents also say two people who witnessed Ken Nelson pull over his wife say they saw one man "lean into the driver's side of the truck. . . (and believes) the male took an object from the interior."
Ken Nelson was arrested Thursday July 26 by Greeley Police in Washington State.Court documents say he moved there following his resignation from the Weld County Sheriff's department.
Ken Nelson, through his attorney Todd Taylor, says he never tampered with the murder weapon.
"The Greeley Police Department has suggested from the beginning of this case that Ken Nelson removed the murder weapon from Shawna Nelson's vehicle," said Taylor. "Ken has always maintained his innocence and continues to do so. It's one thing to bring charges like these, but it's something else to prove them in a court of law. Mr. Nelson will be entering a not guilty plea and we look forward to a public jury trial where the truth can finally see the light of day."
Taylor says the Glock model 22 that CBI tested is the handgun Ken Nelson carries with him for work and the one he handed to another officer just before he pulled over his wife.
He says Ken Nelson has posted bond and is still in Walla Walla, Washington with his children, who remain in his custody. Taylor says Ken Nelson will voluntarily return to Colorado for a court appearance August 1.
Court documents claim Shawna Nelson killed Heather Garraus after a lengthy affair with Garraus' husband, Ignacio, ended. The affair, according to the documents, resulted in a baby.
9NEWS sources say Ken Nelson took the baby and his two biological children to Washington State. No word on who will eventually take custody of the children.
Ken Nelson has been charged with one court of tampering with physical evidence, a Class 6 Felony.
Shawna Nelson has been charged with first-degree murder.The Larimer County District Attorney's office, which is handling the case, has decided not to seek the death penalty.
