Rangely man faces felony assault charge in shooting

RANGELY I A 28-year-old man with a Canon City address who has been living in Rangely for an undisclosed amount of time has been charged with felony assault in the first degree following a lengthy investigation into the alleged shooting of another Rangely resident early Oct. 19 at the Buck ‘n’ Bull RV Park, according to court records.
Gary Edward Newby was arrested and charged in the aftermath of what appears to be the alleged assault and shooting of Joseph Duncan, also 28, who is also a resident of the RV park.
According to the Warrant-less Arrest Affidavit file by investigating officer RiLynn Hamblin of the Rangely Police Department, Hamblin was dispatched at 2:42 a.m. to 2811 E. Main St., which is the Buck ‘n’ Bull RV Park, in reference to a home invasion/assault with injury. All information reported here regarding the actual incident, investigation and followup was taken from that affidavit.
Hamblin stated that he arrived on the scene and made contact with the reporting party, identified as Randy Denison, also a resident of the RV park. The affidavit stated that Denison reported that there had been an altercation outside his camper between an unknown number of people and that there was a subsequent “banging” on his camper door followed by an unknown white male entering his camper.
Denison stated that he yelled at the intruder to get out of his camper. He also said he noticed the man was bleeding excessively. He stated that the men finally exited his camper and then went south, striking/running into his pickup, which was parked in front of his camper. He reportedly stated that the suspect then fled from the camper and was last seen heading north.
Hamblin then stated on the affidavit that he observed a blood trail running north from Denison’s camper to another camper in the park displaying New Mexico registration.
Hamblin stated that he, along with Rio Blanco County Deputy Lavon Block, knocked and announced themselves. An unknown while male answered the door, and Hamblin stated that the male had blood all over his head, arms and body.
“I observed a large amount of blood on the floor and kitchen sink in the camper,” Hamblin wrote. “I observed several items of clothing that (were) covered in blood. It appeared the camper was disheveled and that an altercation had taken place inside of the camper.”
Hamblin stated in the affidavit that the man identified himself as Joseph Duncan and that he was retained at the time as the suspect in the reported home invasion/assault. Duncan was reportedly placed in handcuffs and was advised of his Miranda rights, Hamblin stated, adding that Duncan said that he had been shot in head.
“I observed on Duncan’s left side of his head what appeared to be an ‘entry’ and an ‘exit’ wound consistent with that of a gunshot wound,” Hamblin wrote. “I observed Duncan had several lacerations to his head and he was bleeding profusely. I observed Duncan had what appeared to be cuts on his forearms.”
Hamblin reported that he advised the Rangely Communication Center to send an ambulance.
“An ambulance arrived on scene and began treating Duncan for his gunshot wound and other injuries,” Hamblin wrote in the affidavit. “Duncan was released from his restraints and was no longer being detained.”
Hamblin said he asked Duncan while he was being treated in the ambulance what had happened.
The affidavit states that Duncan said he was assaulted by an unknown male. He also said he had been at a bar on Main Street earlier in the night and that the unknown male was also drinking at the bar. Duncan stated that he received a ride home from a private shuttle and that when he arrived at the RV park he and the unknown male had an exchange of words. Duncan then stated that he went into his camper to go to bed.
Duncan further stated that he was not in bed long before the unknown male entered his camper and dragged him outside. Duncan then stated that the unknown male re-entered (Duncan’s) trailer and retrieved (Duncan’s) Smith & Wesson .45-caliber handgun he keeps above his bed.
Duncan then stated there was a struggle in front of his camper over the handgun and that he remembers seeing a “muzzle flash.” Duncan stated that he went limp (playing dead) after being shot in the head so the unknown male would leave. Duncan then stated that the unknown male left, running west and that he (Duncan) made his way back into his camper.
Duncan reportedly denied ever entering anyone else’s camper.
Duncan allegedly described the unknown male who assaulted and shot him as being 5-feet-9 in height with dark hair, dark clothes and facial hair. He reportedly said he thought the unknown male was staying in the Buck ‘n’ Bull RV Park as well but that he did not know the man’s name.
Hamblin stated that he made contact with the shuttle driver, who stated she took two men home from the pub to the RV park at approximately 1:45 a.m. The driver stated that the men were arguing/yelling at each other while they were in the shuttle. The driver also stated that the fighting was bad enough that she had to stop the shuttle and separate the men. She said they were arguing about work.
The driver said she knew one of the men as Joe (Duncan) and that she watched Duncan enter his trailer at the RV park.
She reportedly said that she did not know the other man, but described him with dark hair, 5-feet-9 in height with a beard wearing a long-sleeved shirt and a dark “hoodie” underneath it. She further stated that she watched the unknown male go into another camper.
Hamblin stated that a white male, 6 feet in height, with brown hair, blue eyes and wearing a long-sleeved shirt with a “hoodie” underneath was contacted and detained out of another camper. Hamblin stated that the male was identified as Newby by his Colorado driver’s license.
The shuttle driver responded back to the RV park and positively identified the male as the man she had dropped off at the RV park and as the man who was “fighting” with Duncan in the shuttle.
According to the affidavit, Newby was advised of his Miranda rights and chose to waive his rights and speak to Rangely Police Chief Vince Wilczek.
Newby reportedly stated that he had gotten into an argument with Duncan in front of Duncan’s truck. He reportedly stated that he did not know Duncan but that Duncan threw toilet paper at him.
Newby reportedly stated that Duncan then pointed a handgun at him, three inches from his face, but that he took the handgun away from Duncan and then struck Duncan “three times” in the back of the head. Newby denied shooting Duncan or seeing the gun discharge, the affidavit states.
Newby reportedly stated then that he threw the handgun as hard as he could in a westward direction. He also said he did not call law enforcement because he did not have his cell phone and that after striking Duncan in the head, said “(Expletive) it, I’m going to bed.”
Newby then stated that he returned to his trailer to go to sleep.
The affidavit states that Newby said that when he left Duncan he was conscious and breathing on the ground in front of his camper and that when he last saw Duncan, he was crawling toward his camper.
Duncan was reportedly taken to Rangely District Hospital, where he was treated and released after a short stay.
According to Anthony Mazzola, the chief investigator for the District Attorney’s Office in Meeker, Deputy District Attorney Ian Fowler will be the prosecuting attorney in the case.
The next court date for Newby is his scheduled arraignment on Dec. 6.