Joshua Baltazar Gallegos, 23, is accused of killing his brother Jose Phillip Gallegos, 31, allegedly shooting him multiple times in a Grand Junction park restroom on Dec. 30.
Jose Gallegos was found unresponsive in the restroom at Las Colonias Park at 2:49 p.m. on Dec. 30 and was determined to have died from multiple gunshot wounds.
According to the arrest affidavit, CPR and lifesaving efforts were administered, but he was pronounced dead at the scene.
Three men had reportedly discovered the body.
Officers have spoken with several witnesses, who indicated to them that Joshua and Jose were together that day, the affidavit said.
Police found a bicycle they believe belonged to Joshua later in the afternoon on Dec. 30 about a half-mile from where Jose’s body was found.
Police also recovered a gun and clothing on Dec. 31 from an individual who told them Joshua had left it in their home from the previous evening, the affidavit said.
On New Year’s Day, officers arrested Joshua in Fruita. Methamphetamine was reportedly found in a search of the apartment.
Joshua had several felony warrants out for him at the time of his arrest and was being sought by Durango police and the U.S. Marshal’s Office for a recent robbery, according to the arrest affidavit.
Nearby surveillance video on the day the homicide was believed to have taken place showed two men, one riding what appeared to be Jose’s bike and the other riding what appeared to be Joshua’s bike, go into the men’s restroom at 12:15 p.m., the affidavit said.
Jose’s body was discovered later in the same restroom.
The Colorado Bureau of Investigation confirmed bullets recovered from Jose’s body were shot from the gun recovered on Dec. 31. Blood found on the clothing that was found did not match Jose’s, the affidavit said.
Joshua Gallegos was charged with second-degree murder and first-degree assault, among other charges, and is in the custody of another law enforcement agency on unrelated charges, the Grand Junction Police Department reports.
He was in the La Plata County Jail at the time the charges were filed and will be extradited to Mesa County.