A 30-year-old man sentenced to life in prison for a fatal shooting outside a Westminster apartment complex will get a second trial after the Colorado Court of Appeals overturned his first-degree murder conviction.
Juan Manuel Castorena was convicted by an Adams County jury and sentenced to life in prison without the possibility of parole in August 2022, more than four years after police say he fatally shot Ricardo Rivas, 23, in a parking lot at the Village of Greenbriar Apartments, 8290 N. Federal Blvd.
The decision to reverse Castorena’s conviction hinged on one witness’ identification, which Castorena’s lawyers had previously tried to get suppressed from his trial.
According to court records, a Facebook account linked to Castorena sent a message to Rivas with instructions to meet at a mailbox near the complex, and multiple witnesses saw two men attacking Rivas a short while later, leaving him on the ground.
When Rivas got up and started following the men back to their car, one of the men shot him in the head. Investigators also found Castorena’s DNA on Rivas’ face.
One witness told police she saw the shooter’s face after walking out of her apartment, but she gave contradictory statements about what the suspect looked like throughout the investigation, according to court records.
At different points, she described him as shorter and taller than another suspect at the scene; said he was wearing a dark-colored shirt, sweater and hoodie; and said he was bald and had closely-shaved hair.
The woman initially told investigators she would not be able to identify the man’s face. They later showed her a photo array of six suspects where Castorena was the only person wearing a hoodie, and she identified Castorena as the shooter — but at his trial she testified she did not see the shooter in the courtroom.
The Colorado Court of Appeals last year ruled that the district court made the wrong decision and the woman’s identification should not have been used during the trial.
“In addition to being inconsistent, we can’t discern the accuracy of (the witness’) descriptions with respect to Castorena’s hair, facial hair, and clothing,” the court wrote in the October ruling, adding that there was no record of Castorena’s actual physical appearance the night of the shooting.
“And for the characteristics for which we can discern accuracy — particularly Castorena’s height relative to the driver of the car — the discrepancies are troubling,” the court continued.
Castorena is set to appear in Adams County District Court on Aug. 27 for an arraignment hearing, according to court records.
He is being represented by the Colorado Office of the State Public Defender, which does not comment on criminal cases.
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