Aug 18, 2014 9:03 PM by Andy Koen
PUEBLO - A Pueblo man is in jail, accused of shooting a 13 year old boy with a pellet gun for trying to sneak onto his property and take some of the marijuana he was growing in the backyard.
Jason Lucero, 34, is being held on $25,000 bond at the Pueblo County Jail on a charge of 2nd Degree Assault, a Class 4 Felony.
According to an Affidavit Filed in Support of a Warrantless Arrest, the victim's friends told detectives they jumped fences and crossed through two backyards and were approaching Lucero's home in the 400 block of Washington Street when the shooting happened.
One friend, identified as 28-year old Miguel Castillo, said they were in a neighbors yard close to Lucero's marijuana plants when he heard a shot and the victim yell "ohhh." Castillo said all four ran away and later met back at his house. However, the victim didn't turned up.
The police found the victim laying in the street unclothed, and unconscious at 2:43 a.m. He had apparently defecated in his clothing. The boy was taken to St. Mary Corwin Hospital where an X-ray showed the pellet had become lodged between his heart and liver.
"By the time they got to the hospital they kinda figured out that he had been shot some where in his chest that had went, entered his body and went down toward some vital organs," explain Sgt. Eric Gonzales of the Pueblo Police Department.
Due to the possibility of complications, he was flown to Children's Hospital in Denver for treatment. He was last listed as being in stable condition awaiting surgery. A member of the hospital's Cardiac Intensive Care later told the lead detective the pellet was lodged in the sac of the victim's heart.
Lucero and his father voluntarily spoke with detectives inside their home. He said he had installed chain link fencing with barbed wire and motion sensors to protect his marijuana grow. Lucero went on to say the motion sensors had been going off the night before. He described standing on his porch and shooting at one of the intruders. He described the intruder as being in the next door neighbor's yard.
He voluntarily left with the detective for the police station. After obtaining a search warrant, officers removed clippings from 115 marijuana plants, five air rifles, three handguns, three AK-47 rifles and three shotguns. Neither Lucero nor his father had a license for the plants.
They also found a handwritten note inside a clothes hamper that read, "I shot another kid at around 1:10 a.m. in the gut, I know I shot him, he was hurt." The note was signed Jason, with a smiley face.
Under the language of Amendment 64, adults over the age of 21 in Colorado can legally grow just 6 marijuana plants.
The police have not said whether Castillo or the other two boys, both age 17, will be charged.