Police release footage of shots fired by officer who was responding to fatal Denver shooting

DENVER — The Denver Police Department gave an update Tuesday morning on an investigation into shots fired by an officer who was responding to the scene of a double fatal shooting last week. 

The shooting happened just after midnight on Jan. 27 in the parking lot of a 7-Eleven in the area of 35th Avenue and Colorado Boulevard. Two people, 30-year-old Ernesto Delgado and 42-year-old Eric Delgado, were killed. An officer who was nearby heard the shots coming from the parking lot and responded to the scene, Major Crimes Division Commander Matt Clark said at Tuesday’s briefing.

Once the officer arrived and exited his vehicle, he approached a victim who was on the ground between the gas pumps and the convenience store when he noticed a man with a gun, according to Clark. The armed man started firing rounds at the officer, which he immediately returned, but no one was struck or injured in that gunfire exchange, Clark said. It was later determined that the officer fired 14 rounds from his duty handgun. 

The suspect fled the scene through an alley. After the department’s metro SWAT team was carried out a search of the area, the suspect was found hiding in a shed in the backyard of a home in the 3300 block of Jackson Street, Clark said. 

A Denver Police K-9 bit the suspect during his arrest, which he received treatment for, as well as for his exposure to the cold while he was hiding, according to Clark. 

Officers found a 9mm handgun that “appears to be a privately manufactured handgun,” or “ghost gun,” in the alley where the suspect fled, Clark said. The gun was loaded with 12 rounds of ammunition, and the magazine was big enough to hold 30 rounds, according to Clark. Police believe this was the weapon used to kill the two victims.

During the department’s efforts to find the suspect, other officers responded to the 7-Eleven. The man found in the parking lot had gunshot wounds and was pronounced dead at the scene. A second man with gunshot wounds was found inside the store and taken to a hospital, where he later died, Clark said. While inside, officers also found a third man who had been injured from what appeared to be a physical altercation and took him in for questioning after a medical evaluation, according to Clark. 

In the investigation that followed, detectives found that an argument broke out before the shooting, which resulted in two men assaulting a third, Clark said. During this, a fourth man “associated with” the person being assaulted pulled out a handgun and shot the two people involved, according to Clark. This was all before the shooting suspect went back out to the gas pumps, which is where the officer reportedly saw him. 

Police do not think the two groups knew each other and are not sure what the initial argument was about, but Clark said it could have something to do with a vape pen that was not returned. 

The shooting suspect has been identified as 19-year-old Fabian Vasquez. He is being held at the Denver Detention Center and was formally charged with the following in connection with the gunfire exchange with the officer:

  • First-degree assault of a police officer
  • Possession of a weapon by a previous offender
  • Prohibited use of a high-capacity magazine

Clark said the District Attorney’s Office is still evaluating whether charges against Vasquez are warranted in relation to the two victims’ deaths due to self-defense claims. Dominic Gallegos, 18, was also arrested and charged with possession of a weapon by a previous offender. 

The officer involved was assigned to District 2 and had been part of the department since 2023. According to Clark, he had no previous involvement in an officer-involved shooting. 

As part of the department’s policy, he was placed at an off-line assignment pending the outcome of the investigation into the shooting, which is being conducted by Colorado State Patrol, Colorado Bureau of Investigation and other local agencies. Denver Police Chief Ron Thomas said this process usually takes 12-16 weeks and the officer is being connected with mental health resources. 

Clark said they are still investigating the incident and determining whether anyone else could have been involved. He encouraged anyone with additional information about this shooting to contact the Denver Police Department or Metro Denver Crime Stoppers. 

Via 9 NEWS