TH FR 2019-5493 STATE OF NEW MEXICO COUNTY OF BERNALILLO IN THE DISTRICT COURT ENDORSED STATE OF NEW MEXICO Maeno" vs. SEP 4 2019 Santiago, Donovin METROSOLTAN COURT 3517 Wellesley Dr. NE #B Albuquerque, NM. Hispanic Male, 5’8/185, bro/bro, three dots on right cheek ORDER SEALING PART OF NARRATIVE PORTION OF AFFIDAVIT FOR ARREST WARRANT THIS MATTER comes before the Court upon the request of the Plaintiff, State of New Mexico, upon request of the Affiant of the Affidavit for Arrest Warrant, with approval or concurrence of State's counsel, to temporary seal portion of the Affidavit for Arrest Warrant in this cause. This Court has jurisdiction to do so under Article VI, Section 13 of the New Mexico Constitution for compelling cause shown, and to enforce ‘Supreme Court Rules of Privilege [see, e.g., Rule 11-510, New Mexico Rules of Evidence on Informer Privilege], and to try to prevent violation of law or obstruction of Justice/Court [see, ¢.g., Section 30-24-3C, NMSA, Bribery/Threatening Witness; Section 30-22-5, NMSA, Tampering with Evidence]. Based upon the information shown in the narrative portion of the Affidavit, (LX } supplemented by any other information provided to the Court in the State’s request or motion provided to the Court at time of Affidavit for Arrest Warrant), this Court FINDS ‘AND CONCLUDES that there is compelling cause to temporarily seal the following parts of the narrative portion of the Affidavit for Arrest Warrant: because disclosure of such sealed information to the subject(s) of the Arrest Warrant at this time likely would: LX interfere with at least major portions of the present ongoing investigation; and/orLAC] tend to identify confidential source(s) of information and/or witnesses and thereby render them much less useful in this criminal investigation and/or other ongoing felony criminal investigation(s), and/or endanger their safety or lives; and/or LC] result in probability of obstruction of justice and court process, tampering with evidence, and/or bribery/threatening and/or retaliation against witnesses. L_] OTHER: THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 1 The following parts of the narrative portion of the Affidavit for Arrest Warrant in this case are hereby sealed: and shall not be disclosed to anyone, except the following: this District Court's Judge(s); the US District Court or it's US. Magistrate Judges; the officers executing the Arrest Warrant; the District Attorney and his/her Assistant District Attorneys; and the United States Attorney and his/her Assistant US Attorneys; and members of the State or Federal Grand Jury investigating this case; z A copy of this Sealing Order (and the unsealed portions of the Affidavit for Arrest Warrant) should be attached to the Arrest Warrant in this case; and this Sealing Order, the unsealed portions of the Affidavit for Arrest Warrant, the Arrest Warrant, and Return & Inventory should be given to the Person from whom (or from whose premises) the property/evidence was taken, or should be left at the place from which the property/evidence was taken. 3. This Order ie in full force and effect until the FIRST of the following ooours: 4 Felony Fr 5) Appearance. an. B. Arraigdment of one or more Defendants or suspects in New Mexico DISTRICT COURT or US DISTRICT Court on crime(s) under investigation in [or arising from execution of] the present Arrest Warrant; OR &. ’ Further written Order of this District Judge-or the supervisor Judge or ‘Superior Judge to this Judge, or United States District Judge-upon written Motion and for good cause shown.7 by, . TH Fadoia- 5443 Metropolitan Court Rule 49 he COPY COUNTY OF BERNALILLO STATE OF NEW MEXICO IN THE METROPOLITAN COURT xo. 14 F.2019- S493 STATE OF NEW MEXICO ~VS - NAM: | Santiago, Donovin pLeb Weis OPCS ADD: lesley Dr. NE #B Albuquerque, NM 1043 a) ser #4 209 ssN: > eave DES: _ Hispanic Male, 58/185, bro/bro, three dots on right cheek (METHOPOUIAN OUR WARRANT FOR ARREST THE STATE OF NEW MEXICO TO ANY OFFICER AUTHORIZED TO EXECUTE THIS WARRANT ‘You are hereby commanded to arrest the above-named defendant and bring the defendant without unnecessary delay before me to answer the charge of: MURDER (OPEN COUNT), TAMPERING WITH EVIDENCE Contrary to Section(s): 30-2-1, 30-22-5 NMSA 1978 NO bono Hoe. Dated this IY Day of Seal see 2019) ese ‘<. \__ ance RETURN WHERE DEFENDANT I: OuNy [arrested the above-named defendant on the Day of > 2019 And served a copy of this warrant on the Day of + 2019 EXTRADITION APPROVAL SIGNATURE TITLE An Arrest Warrant may be directed to a fulltime salaried sate or county law enforcement officer, a municipal police officer, a campus security officer, or an Indian tribal or pueblo law enforcement officer: ee If the judge is unavailable, defendant must be brought forthwith before designee for setting of conditions of release. A defendant accused of a bailable offense may not be held without the setting of conditions of release (Magistrate Court Rule 18) ORIGINAL SIGNED COPY-COURT; ADDITONAL COPIES- DEFENDANT AND ADMINISTRATOR'S COPY.ENDORSED FILED IN THIS OFFICE 164 3 STATE OF NEW MEXICO inary ARTICLE 2 SEP 24 2019 Vs. Stee OEE WBRES ven ITAN | COUNTY OF BERNALILLO Noourr IN THE METROPOLITAN COURT Name: _Santiago, Donovin Arrest Date: Address: “3517 Wellesley Dr. NE#B Driver Lie. #: ‘Albuquerque, NM Citation D.OB. = Arrest SSN, Docket #: Ty Fa ao4-S4 43. MURDER (OPEN COUNT), TAMPERING WITH Charge(s): EVIDENCE Date Filed: 09 Jay Jig Affiant — Officer/Detective _Jodi Gonterman. Man #: _3067 CRIMINAL COMPLAINT - ARREST WARRANT AFFIDAVIT The undersigned, under penalty of perjury, complains and says that on or about the 20 Day of September 2019, In the County of Bernalillo, State of New Mexico, the above-named defendant(s) Did (here state the essential facts): September 20, 2019 Iresponded to a Homicide call out at 2206 Central Ave NE SE. Upon my arrival at approximately 2143 hours there were some witnesses who needed to leave. I interviewed them prior to the briefing, I spoke with Donald who works at Papa Johns. Donald said he heard a gunshot at around 8 P.M. and looked outside when he saw a male who had been shot, lying on the ground. {spoke with Angelina who advised she was returning from a pizza delivery when she almost ran over two subjects who were running south through the alley towards Silver Ave. Angelina described the subjects as a Hispanic female about 20 years old with long black hair, a black shirt and light jeans. The male was described in his early 20's, baggie tan pants with shagey hair and no shirt. The male was holding up his pants while he was running, Angelina advised either the male or the female was holding a plastic bag, possibly white in color. She did not see their faces. I made contact with Jyllian who advised her son, a juvenile was really shaken up and she wanted to take him home, but wanted to give a statement to police. Jyliian said she was driving out from the drive-thru at McDonalds and heard a thump on her car. Jyllian said she saw a male with an orange shirt and curly hair afro run between Papa John’s and MeDonald’s. There was one woman with him and they were dropping items as they ran, Jyllian stated she saw another woman who stopped by a pole. G.R. told Jyllian that there was a man lying on the ground and he may have been shot. Iyllian said the she saw people running and she pulled over to where the male was shot and a female was on the ground with him tending to the victim, Jylllian said she positioned her car so that her son could not see the body. Jyllian said she called 911 Tinterviewed G.R. who stated, he was in the McDonalds’s drive thru in the passenger front seat. G.R. said he hard @ gunshot. G.R. said he looked to the right (towards Papa Johns) when he saw a male subject wearing a black shirt and light blue jeans fall to the ground, Another male subject wearing an orange short sleeve t-shitt, moved another woman past him, then ran from the male who was on the ground, G.R. stated the male with the orange shirt and possible black basketball shorts was holding a black handgun in his right hand. The male in the WeTH Fa204- S483 ‘range shirt ran towards the McDonald’s, tumed around and pointed the gun behind him, waving the gun back and forth as if he was making sure no one was following him. The male in the orange shirt was also dropping “stuff” as he ran, G.R. also saw another woman running and ducking down in the alley. 1 attended a briefing at approximately 2203 hours to leam the following: Officer Guerrera advised that on September 20, 2019, he was dispatched at 1953 hours (7:53 P.M) to 2206 Central Ave in reference to a shooting call. Comments on the call stated that a male subject had been shot outside of the Papa John's restaurant, Several officers arrived on scene and began to render aid. Officer Guerrera interviewed witnesses who described the possible offenders as male subject with curly hair, wearing an orange shirt who was accompanied by a short Hispanic female, wearing all black clothing, Officer Guerrera spoke with two witnesses who were sitting in a car directly outside of the Papa Johns at the time of the incident. G.R. Guvenile) and Jyllian. Their statements were consistent with above. Officer Guerrera spoke with an employee of the McDonald's business, Emilio who said that he had observed a tale subject in an orange shirt running with a firearm in his right hand. [reviewed a brief written statement by Emilio which also indicated that he described the male as a black male around 23 years old with a yellow shirt and a female wearing a pink jersey and afro hair.(witness later sees female drop a pink sweater), {viewed surveillance footage at the MeDonalds of the drive-thru camera that is on the east side of the building The surveillance footage showed a female subject wearing all black with long curly hair running from north to south followed by a male subject with curly (bushy) hair wearing an orange shirt. The male and female come from around the west side of the Papa Johns and run southbound. Timestamp on the video is 7:20:59 PM. The video is approximately 32 minutes behind. Actual time would be approximately 7:52 PM. Officer Guerrera went to the Papa John’s business and spoke with employees Sean and Darryl. Sean Said that prior to the shooting, Darryl approached him and told him thatthe male subject wearing the orange shirt and grey sweatpants was sitting outside of the business and choking the female wearing all black. Sean said that the male then came in the store and requested change for the bus, which Sean gave him. Sean said that he told the male to leave the female alone. Sean said that the male went back outside and sat behind the female. Sean said he heard a gunshot and the male in the orange shirt ran westbound (towards McDonald's). Darryl stated he informed his supervisor Sean that he observed the male in the orange shirt choking the female in all black clothing so he told his supervisor, Sean, A female identified as Miranda was standing directly near the deceased at the time of the incident. (Det. Carter and {also spoke with Miranda), Miranda said that the male (Who had been shot) had approached her at the bus stop and asked to take her on a date. Miranda said that she never had met the male before. He picked her up in the air, swung her around began dancing with her. Miranda said that there was a “young boy” wearing an orange shirt and a female wearing all black who were at the bus stop. The male in the orange was being abusive towards the female in black. Miranda said that the male who is now deceased attempted to intervene by telling the male in the orange "If you want to hit someone why don't you hit me." and to Teave the female alone. Miranda said that the male in the orange pulled a firearm out of his right ants pocket and shot the male who asked her Miranda on a date. | debriefed with Det. Apodaca who conducted an interview with Noelle who is a delivery driver for Papa John's. Noelle said that she had just retumed from a delivery and was lying down in her vehicle watching videos. Noelle’s vehicle was parked on the east side of the Papa John's restaurant. Noelle said that she heard yelling but did not pay any attention. Noelle said that she looked up and through her windows and the through the vehicle next to her vehicle, Noelle said that she observed a man move another man around than proceed to shot him while he was on wTY Feooia S493 the ground. Noelle said that she heard one shot. Noelle said that she got scared and laid back down in her vehicle. Noelle said that two unknown people ran through the area where her vehicle was parked, going southbound. Noelle was unable to give me a description of those two people. Det. Apodaca interviewed Victor who is an in store employee for Papa John's. Victor said that he and other employees heard a commotion outside the front of the store. Victor was in the back of the store on the "make line", Victor said that the shift manager went to check on the disturbance and that he heard a gunshot outside. Victor and another employee, Darryl Dickerson, went outside through the front doors. They learned that someone had been shot. Victor said that one of the drivers, Perla went to check on the person who was shot and try to help him. Victor said he called 911. Victor said that he went back inside and locked up the restaurant, Victor said that he did not see what happened before the shooting nor did he see the shooter/offender. Det. Apodaca interviewed Perla. Perla is a delivery driver for Papa John's. Perla was in the dining room area when she observed an unknown male was choking an unknown female in front of the store. The male appeared to bea white male adult in his early 20's with curly light brown or blonde hair. The male was wearing an orange shirt and khaki shorts or pants. The girl appeared to be a spanish female adult in her early 20's with long black hair and wearing a black tank top. Perla said that the male put his right arm around the gitl’s neck. The male went inside the restaurant for change for the bus. The general manager gave him change and told the male to "take it somewhere else". The unknown male in the orange shirt went back outside and started choking the unknown female wearing black again. Perla said that she heard a single gunshot. Perla said that she saw the male who was choking the female go westbound on Central Ave (towards McDonald’s). Perla did not see the female. Perla said that she went to check on the gunshot victim as she is CPR certified. Perla checked for a pulse on the left side of the vietim’s neck and on his right arm. Perla said that the pulse faint and that the victim was gasping and barely breathing. Perla said that an unknown woman was applying pressure to the victims wound. Perla went back inside after police arrived. On 9/20/2019 at approximately 2345 hours, Det. Ashley Blansett informed me that amongst the items collected on the ground in front of Papa Johns, there was a prescription bottle with the name Karessa Berrenberg which was filled on Sept. 17, 2019, a pillow and a bag containing loose rounds of ammunition which were also scattered on the ground. A holster was also located in the alley between the MeDonald’s and Papa Johns. Police records show that Karessa had a history of being a runaway. Det. L. Apodaca (Missing Persons) informed ‘me that he was familiar with Karessa and had spoken with her parents in the past. [called a phone number listed for Karessa’s dad John who will be referred to as Lance and spoke with him. Lance said that Karessa had a lot of problems and had been running away. She is now 18 years of age. Lance told me her boyfriend is Donovin Santiago. John told me that he had gone done to Presbyterian Hospital Downtown (appx. .9 miles from 2206 Central Ave, Papa Johns) on 9/21/19 around 11 A.M. to see Karissa, Donovin was seen for some health issues and had been released from Presbyterian sometime later. informed Lance of the situation, but asked for him not to speak about the incident with Karessa since she may be with Donovin. I requested Lance keep me informed if he hears from Karessa, | found a photo of Karessa on her facebook profile with a male tagged as Donovin Santiago who has curly hair which could be described as an affo. On 9/21/2019 I went to the Office of the Medical Investigator. The vietim in this case was positively identified as Leopoldo Jaquez. Per Dr. Zumwalt, Leo sustained a gunshot wound to the upper anterior chest. The bullet went through the stemum, ascending aorta, through the thoracic vertebrae, spinal cord and soft tissue penetrating the right lng, pulmonary artery and left ventricle of the heart. On 9/21/2019 at approximately 1312 hours, I met with Karessa's parents. First, I met with Lance and showed him surveillance footage from MeDonald’s. Lance pointed out two individuals in the video. He stated, the femaleTU FR dei 8-5993 wearing black clothing runs like Karessa. She also appears to be Karessa’s size, weight and hair. The male in the ‘orange shirt appears to be Donovin’s size weight and hair. The faces are not visible and they are running. Next, I met with Georgia. Georgia told me that Donovin called Lance from Presbyterian Hospital (Presbyterian phone number) at about 2:06 P.M. Georgia checked her phone. Donovin wanted to know where Karessa was, but she didn’t know. Georgia said Lance met Karessa at around 10:00 A.M. I showed Georgia the McDonald’s video footage. Georgia said the female wearing black looks like the way Karessa runs and it appears to be Karessa’s her hair and body type. The male in the orange shirt looks like Donovin’s hair. 1 obtained video from the Real Time Crime Center which captures covers the intersection of Yale and University to include Papa Johns and McDonald. The traffic light obstructs the location of where Karessa, Donovin and Leo are standing/sitting although they will come in and out our view throughout, Movement is also visible behind the traffic light. On 9/21/2019 at 0919 hours, I made contact with caller, Ally. Ally stated she was in the drive-thru at McDonald's. Ally stated she saw a girl described to have long black hair, black clothing with a white Addidas type stripe down the side, screaming and yelling. She dropped a pink sweater and a flip flop. A Hispanic or black male followed behind her wearing an orange shirt, dark pants and curly hair with a gun his hand. The male was running after her and she was screaming. Ally said she left the drive-thru and saw a male had been shot. Ally stated she had gone down to the Smith’s at Yale when she saw the two individuals again although this time, the male had removed his shirt and was pushing his hair back, trying to slick it down as he kept looking behind him. The girl with the long curly black hair was still wearing the black clothing with Addidas stripes down the side. At approximately 0956 hours, I contacted the Smith’s manager located at 320 Yale Blvd. and requested video footage | returned to the scene and canvassed for additional video surveillance. | located a camera at 122 Yale Blvd SE, facing the east to the alley. I viewed the video and can sec two individuals, subject in the orange shirt and subject with black clothing running in a southeast direction towards Harvard. Timestamp is 7:53:42 Shortly afier, | went to Smith’s and reviewed the video footage. The male and female (same individuals from previous video) walk around the east corner of Smith’s at 320 Yale Blvd SE. The male is no longer wearing a shirt. The pants are light in color and appear to be the same as seen earlier on the male with the curly afro type hair style. They walk east in front of the Smith's and south, I contacted Georgia and sent her video clips and still photos to her phone, I asked if she could identify the two individuals from the Smith’s video. Some photos and videos were clearer than others. In a still photo, Georgia identified Karessa and said she was 100% sure. Georgia gave a 90 % surety for Donovin. It should be noted in other views Georgia identified Karessa with 99% and Donovin 80-85% confidence because the face was not as clear. Next Georgia called Lance and handed him her phone. I asked her not to comment. Lance took the phone and I heard him say he was walking out of the room. Lance viewed the still photo and video clips from Smith’s. Lance, said “Yea it’s them”, | asked for him to explain and provide a percentage of how sure he was on the identification. Lance said he was 95% sure it was Donovin because the video was a little blurry and he has his shirt off which he has never seen Donovin without a shirt. In this video he gave Karessa 80% because he could not see her face, but the hari was definitely Karessa, In the video for the front of the Smith’s store, Lance identified Karessa as 95% and Donovin at 80%. ‘On 9-21-2019 I assembled a photo array to include Donovin Santiago. At 1844 hours, I presented a photo array toTH Fes0i4- 5443 G.R. and read him the photo identification form. G.R. selected a photo other than Donovin as resembling the offender, but he was not positive. At 1939 hours, I presented a photo array to Sean and read him the photo identification form. Sean selected photo #1 and photo #5 as resembling the offender, but he was not positive. Sean said “1 and 5 resemble suspect, but I strongly pick 5”, Number 5 is Donovin Santiago, AT 1948 hours, I presented a photo array to Darryl and read him the photo identification form. Darryl selected a photo other than Donovin as resembling the offender but he was not positive. Darryl said photo #3 has the same hair texture and skin color. On 9/23/2019 at appx. 1716 hours I reviewed McDonald’s video. (Before the shooting) At 7:35:08 a female with long curly hair wearing a black shirt (short or half shirt) and black shorts to above the knee is accompanied by a male with an afro type hair style wearing an orange shirt and light pants on the west side of Me Donald’s. The female enters the restaurant and the male is talking with a security guard. I contacted the security guard who was working on 9/20/2019 who identified himself as William Davis. 1 asked William if he was aware of the shooting. William said he didn’t hear or see anything other than an employee telling him about it. I asked William if he remembered speaking with a male in an orange shirt before the shooting. William said, he was talking to his nephew who was wearing an orange shirt. I asked for his nephew's name, William said, Donovin Estevan. William said, it later went through his head as “peculiar” that Donovin was in the area of the homicide. William said Donovin has had a lot of issues with drugs. William said he has known Donovin since he was a baby but now keeps his distance from him, because he uses meth and has stolen from him in the past. William said, Donovin had just been released from Presbyterian Downtown Hospital. Donovin seemed Jittery and the female was calm and quiet. The female was wearing a black outfit and had a black backpack. William said on Saturday 9-21-19, Donovin’s mother Christina contacted William and asked if Donovin could stay with him. William told her no, William said his sister Mary is a security guard and lives in Texas. William said Donovin contacted her and I may want to speak with Mary. 1 called Mary who advised me that Donovin contacted her through facebook Messenger. Mary said Donovin was high on meth, trying for the past two to three days to have her buy him a train ticket, Donovin told her he was either going to get Killed or go to jail. Mary also said she spoke with Chritstina an hour earlier. Christina told her that Donovin has been sick. Christina also told her that Donovin grabbed his girlfriend by the neck about three weeks ago, so Christina grabbed Donovin by the neck to show him how it felt. Donovin was not allowed to stay there, because he yells and screams at his family, tells him they are “shit” and “trash”, Donovin will only go to Christina’s to do laundry or get food. Additional video shows the following: At7:41P.M. Donovin and Karessa are standing in the location where the homicide occurred. A bus stops in front of Papa Johns and leaves. At 7:42 P.M. Donovin bends down to where Karessa sat down on the ground. I can see the plastic bag that was being carried by Donovin, swinging around as they are behind the traffic light which obstructs the view. Donovin goes inside Papa John’s. At 7:43 P.M. Donovin walks back to where Karessa is sitting. AtT:51 P.M. Donovin is still in the location where shooting occurred. ‘At 7:52:34 P.M. the video shows a several people (bystanders) suddenly scatter from the area. heTH Fe 2014- 5443 At 7:52:40 Karessa runs from where shooting occurred, across the front of Papa Johns towards the alley between MeDonald’s. Donovin follows behind her and drops two white objects which appear to be consistent with a white pillow collected at the scene and a white plastic bag which Donovin is seen carrying around. Donovin bends down and picks up the plastic bag and leaves what appears to be the pillow behind. Karessa and Donovin continue south through the alley where the holster was located. At 7:52:42 Jyllian’s vehicle pulls out of the drive-thru and stops in front of Papa Johns. On 9/23/2019 at approximately 1411 hours, I received a phone call from Karessa’s sister Cheyenne. Cheyenne stated Karessa just contacted via Snapchat messaging, saying she was hungry and had no money of food. Karessa said she and was with Donovin at the train station. At approximately 1929 hours, Cheyenne contacted me again to advise that Karessa said she was going to try to leave town tomorrow, Cheyenne said wasn't sure where, but possibly to Colorado, Karessa told Cheyenne that she and Donovin are always together and currently staying in a motel. Karessa would not tell Cheyenne the location. The last name of all witnesses are known, but are not included for safety reasons and will be provided to defense through discovery. Based on the aforementioned facts, I respectfully request that an arrest warrant be issued for Donovin Sai for the listed charges. Contrary to Section(s), 30-2-1, 30-22-5 NMSA 1978. 1 SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THE BEST OF MY INFORMATION AND BELIEF. I UNDERSTAND THAT IT IS A CRIMINAL OFFENSE SUBJECT TO THE PENAL PRISONMENT TO MAKE A FALSE STATEMENT IN A CRIMINAL COMPLAINT. ane . y 4, #3067 ‘This complaint may not be fled without the prior payment of a filing fe, unless approved by the District Atom ora law enforcement officer authorized to serve an Arrest or Search Warrant. Approval of the Distriet Attorney ora law enforcement officer isnot other wise required. croo Approved: Supreme Court, Octoher 1, 1974; amended effective September 1, 19%0;April 1, 191; Novemibe 1, 1991 METROPOLITAN COURT RULE 7-201 O-Court ‘Q Defendant Q-Atomey — D- District Attorney