Oct 20, 2011 11:09 PM by John Romero

Affidavit: Saldivar shot it out with victim

41 year old Roy Saldivar was caught near the intersection of Nevada and Boulder on October 5th. On the run for 2 weeks, he was wanted for the September 22nd murder of James Frias in front of a Dairy Queen on Tremont.

Newly released court documents show this was no random shooting. Saldivar had been in a previous relationship with Frias' wife that ended in 2009. According to Frias' wife, Saldivar wouldn't accept the fact that the relationship had ended. She told investigators Saldivar would constantly text her and even showed up at the couple's home just weeks before the shooting.

It all culminated the night on September 22nd. Investigators say Frias, his wife, her 2 children and a cousin were walking into a Dairy Queen on Tremont when Saldivar showed up. Witnesses say Saldivar pulled a gun from his waistband and began shooting. Frias then took cover behind a car according to documents, pulled out his own gun, and returned fire on Saldivar.

Police say several different types of bullets were recovered at the crime scene along with a semi-automatic handgun. Frias was shot in the head and died at the scene. Saldivar is currently being held without bond at the El Paso County Detention Center on a charge of 1st degree murder.



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