William Wilson, 21, has not been charged in the incident after he allegedly shot Tyson Mclemee, 30, outside Mclemee's home on Jan. 7 but he remains in jail on suspicion of other crimes related to the shooting, San Juan County Sheriff's Office Lt. Cory Tanner said.
Mclemee was arrested Tuesday and charged with three counts of aggravated battery with a deadly weapon, aggravated assault with a deadly weapon, tampering with evidence and criminal damage to property, according to court documents.
Wilson and Mclemee are in rival gangs and Mclemee was allegedly wielding a meat cleaver when he was shot, according to the documents.
Brandon Roe, 25, drove Wilson and three women to Mclemee's house late Sunday night at the request of one of Roe's passengers, according to the documents.
When the car arrived, Mclemee came out of his house with the cleaver. He swung at the car and shattered the back window, spraying glass over a woman in the back seat, according to the documents.
Wilson and two passengers told detectives that Mclemee was holding the meat cleaver above his head and approaching Wilson when Wilson fired his gun, the sheriff's office said.
Mclemee was arrested and booked into the San Juan County Detention Center on a $41,000 cash-only bond, according to the sheriff's office.
He was charged with three counts of battery because
O'Brien said the district attorneys office has not yet decided if Wilson will be charged with a crime related to the shooting.
Though authorities said Wilson may have been justified in shooting Mclemee, he was arrested. He admitted to detectives that a felony amount of methamphetamine found in Roe's car was his, according to the documents.
Roe's car was searched after he crashed trying to evade a Bloomfield police officer moments after the shooting.
Brian McCarty, a Bloomfield police officer, tried to stop Roe's vehicle shortly after 3:30 a.m. on Delaware Street, a road often used to access oil and natural gas wells, according to the documents.
Roe ignored the siren and allegedly sped through Bloomfield streets at speeds topping 70 mph. He ran several stop signs before he crashed on U.S. 64 in Bloomfield near Mustang Lane, police said.
Roe and Wilson ran from the vehicle after the crash. Wilson was arrested at 5 a.m. and Roe was arrested late Monday night, according to court documents.
After the crash, Wilson allegedly broke into a Bloomfield home with a firearm and stole clothes and other items to disguise himself, the sheriff's office said.
Wilson has been charged with aggravated burglary and trafficking a controlled substance, which are second-degree felonies, and tampering with evidence, possession of a gun by a felon and resisting arrest.
He is being held at the detention center on a $163,000 bond.
Roe was charged with aggravated fleeing of law enforcement. He is being held at the detention center on a $5,000 bond, according to court documents.
Wilson waived his preliminary hearing on Thursday and his case was bound over to district court.
Roe's preliminary hearing is Jan. 24.
Tom Havel, the administrator of the adult detention center, said jail officials work to segregate rival gang members from each other while they are incarcerated at the facility.
"We're careful to avoid retaliation against an inmate," Havel said. Wilson and Mclemee "are not going to see each other while they are in this facility."