ADAMS COUNTY, Colorado — Two juveniles were breaking into vehicles before one of them pulled out a gun and shot at a vehicle that was approaching them and "moving slowly" even though that teen admitted there was no threat, according to an arrest affidavit.
Devin Padilla, 16, was arrested in connection with the fatal shooting of 19-year-old Amia Radke. She was shot while she was driving in the early morning hours of Jan. 28 in the 1900 block of Sherrelwood Circle, according to the Adams County Sheriff's Office. Her mother, who was in the passenger seat, was hurt in a crash that resulted from the shooting.
Padilla has been charged as an adult with first-degree murder and attempted murder, according to prosecutors with the 17th Judicial District Attorney's Office.
Numerous witnesses, including Radke's mother, reported that they saw two people in the street wearing dark clothing before the shooting which was reported just before 2:30 a.m.
According to the arrest affidavit, from the Adams County Sheriff's Office, a nearby resident said they woke up about an hour before that due to noise outside. When that person went outside he noticed the door of his father's car was open. He told investigators he saw two people near the vehicle and yelled at them. He said both were wearing dark clothing and ran away after he yelled, according to the affidavit.
The man said as they ran away he saw the "taller of the two" fire a gun into the air. A shell casing was later found in that area.
According to the affidavit, the man also found CDs and a vape pen on the ground near his dad's car that did not belong to him. He said he tossed those items in a trash can outside his home. The man also reported that his grandmother's vehicle had been "rummaged" and that some items were left on the seat.
Later on the day of the shooting, a resident called 911 to report that a guest at their home had found a gun in the backyard. The homeowner gave verbal permission for investigators to enter the yard to collect the weapon and search for other evidence.
After getting a search warrant, investigators looked at text messages between Padilla and another person. Photos were sent between the two and several depicted a person in dark clothing holding a gun. The gun was black with a silver slide, which appeared similar to the weapon found in the yard, the affidavit says.
Another person told investigators he had been with Padilla and another friend on Jan. 28 when they began discussing going outside and "carjacking" someone. The person told investigators he had a bad feeling and declined to go with them, the affidavit says.
He said around 3 a.m. he was woken up by Padilla who was "panicking." He reported that Padilla told him someone had "rolled up on them" and there was a shooting.
On Feb. 2, a search warrant was executed at Padilla's home and he and his parents went to a substation where they agreed to speak with investigators.
Padilla said he and another person went out to break into vehicles, the affidavit says. He said the other person was able to get into a vehicle while he acted as a "lookout." As he did, Padilla said he saw a vehicle approach and slow down. He told investigators, according to the affidavit, that he pointed a firearm at the vehicle "closed his eyes" and fired two rounds in the direction of the vehicle.
He said that immediately afterward, the two of them ran off in different directions and that one of them had lost the firearm in a yard while climbing over a fence, the affidavit says.
According to the document, Padilla said the vehicle occupants never threatened him and he had "no reason" to believe they meant any harm.
According to the sheriff's office, charges against the other person are possible and that incident remains under investigation.
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