Jimmy Cazares, 32, went on trial Monday on two counts of attempted murder after deliberation, two counts of attempted murder due to extreme indifference and three other felony charges after he was arrested Nov. 30, 2024, on suspicion of firing a rifle into Wyler’s Pub & Grill, 2385 27th St., Unit 513. Deputy District Attorney Lacy Wells said Cazares was not aiming to get revenge against the Wyler’s building, but he was aiming to get revenge against the bartenders who kicked him out of the bar after being in a fight. She said Cazares shot at the bar with the intent and deliberate decision to kill.
At trial, Cazares showed the exact path he took to walk to the bar after his wife dropped him off nearby following his ejection from the bar earlier that evening. Wells said that “every step is another decision” to deliberately hurt and kill the bartenders.
Wells argued Cazares was deliberately aiming at bartender Leah Neugebauer, as the video shows the spray of bullets following her as she tries to take cover. She also noted that another bartender who was in the building during the shooting also could have been killed or severely injured during the shooting, but escaped injury.
Neugebauer sustained multiple bullet wounds. A bullet hit her glasses, neck, arm and abdomen, Wells said during closing arguments. Neugebauer still has bullet fragments in her jaw and chest from the shooting. She had to have two surgeries because of the injuries, and lost one centimeter of bone and one centimeter of nerve in her right arm.
Wells said the jury should not find that Cazares was so intoxicated that he could not make a deliberate decision, as he was able to call his wife for the gun, give directions for her to get to the bar, shoot at it 59 times and then flee to his aunt’s house.
The gun Cazares had was not automatic, she added, so he had to make the decision to pull the trigger 59 separate times.
Cazares’ defense attorney Robert Ray argued the prosecution could not prove beyond a reasonable doubt that Cazares knew there were people in the building. He argued that though the jury can find Cazares guilty of shooting at the bar, he is not guilty of attempted murder.
“He should have gone home, but he made a bad decision,” Ray said.
Ray said there was no indication that Cazares thought people were in the bar, as it was past closing time and Cazares said he could not hear or see people at the time of the shooting. He added that though Cazares has a criminal record, there is nothing in it to indicate that he wanted to hurt people.
Deputy District Attorney Mikaela Fatzinger said the defense’s argument relied on “denying what they can’t admit and admitting what they can’t deny.”
She said Greeley police body cam footage shows that the Wyler’s sign was still on and music could be heard from outside, indicating that people were still inside.
If Cazares intended to cause damage to the building, Fatzinger continued, he would have likely shot any panel of glass available. However, evidence shows he only shot the glass door and not the glass paneling beside it, showing that he was intentional with his shooting.
The shooting came after Neugebauer kicked Cazares out of the bar after he fought with other patrons on Nov. 30, 2024. He went to his mother’s house to call his wife, Jairaye Federico, 34, and demanded she bring him an unserialized gun. Commonly referred to as a “ghost gun,” an unserialized gun does not have serial numbers, which makes it difficult to trace.
In July, Federico pleaded guilty to two counts of distributing drugs and one count of accessory to a Class 2 felony and was sentenced to eight years in prison.
About an hour after he was kicked out of the bar, Cazares shot 59 rounds into the bar, according to surveillance footage. He then ran to his aunt’s house. His aunt called 911, and a recording of the call included Cazares admitting to the shooting, according to Wells, who played the call for the jury.
The jury started deliberations around noon Friday.
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