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Judge hears first interview of suspect in Iron Horse shooting case

23-year-old Tyree Ogsbury-Jones said he ‘wished’ he had a lawyer
Ogsbury-Jones

A district judge must determine whether a murder suspect’s statements are admissible at trial after watching a video Friday in which the suspect seems to indicate he wants to talk to an attorney.

Defense lawyers for Tyree Ogsbury-Jones suggested that Durango Police Detective Burke Baldwin continued conversations with the defendant after Ogsbury-Jones said he “wished” he had a lawyer present.

Ogsbury-Jones, 23, a former Fort Lewis College football player, is accused of first-degree murder in the shooting of Brian Keith Moore four times and Moore’s roommate, Daniel Johnson, twice in a dispute over marijuana plants. The shooting occurred March 16, 2015, at the Iron Horse Inn. Johnson died from his injuries.

On Friday, the court viewed video of Ogsbury-Jones after his arrest in an interrogation room with Baldwin and Joseph Farmer, another detective in the case. The footage shows Ogsbury-Jones saying he needs his phone, indicating he wanted to contact a lawyer, which Farmer leaves to retrieve.

In the video, the defendant asks whether he will go to a holding cell regardless of whether he speaks with detectives or remains silent. Ogsbury-Jones also says he needs to contact his place of work.

Public defender John Moran asked Baldwin on the witness stand if he had ever received instruction to end an interview if the suspect indicates he wants a lawyer. Baldwin said “no.” Baldwin also denied receiving instruction to keep the conversation going even after a suspect requests an attorney.

Baldwin said it was possible Ogsbury-Jones would have remained silent if he had received an attorney’s advice. The video shown Friday morning did not appear to reveal anything incriminating.

Durango Police officer Kevin Hoy, who responded with another officer to the shooting, described the scene at the Iron Horse, located at 5800 Main Ave.

“When we knocked, we heard a man identified as Daniel Johnson asking for help, and he said he couldn’t come to the door,” Hoy said. Police entered the room to find Johnson on a reclining chair inside the apartment, “moaning like he was in pain.”

Hoy said he departed after paramedics arrived and later heard that Johnson died from his wounds.

Another hearing is set for Feb. 18 to hear more witness testimony and potentially establish a trial date.

Aaron Williams, 23, another former FLC football player, accompanied Ogsbury-Jones during the shooting. Williams did not shoot anyone but stole a tablet computer from Moore’s and Johnson’s residence. Williams was sentenced in January to 13 years in prison with the possibility for parole after serving 75 percent of his sentence.

The case is being overseen by 6th Judicial District Judge Jeffrey Wilson.

jpace@durangoherald.com

Jan 5, 2016
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