Court Documents Reveal Family Members Saw Victim Get Gunned Down

By: Jason Aubry Email
By: Jason Aubry Email

Richard Maes was 49 years old when he died Monday night after being shot in the chest several times. He was shot not far from the hospital where he died. And he was shot right in front of his daughter and his fiance.

Police say the suspected killer, 22-year old David Luna, and the victim had bad blood between them. According to court documents Luna beat his girlfriend, who also happened to be the victim’s daughter.

One court document explains how witnesses saw the suspect shoot Maes after the two of them exchanged obscene hand gestures at the intersection where the shooting occurred. After the gestures and some horn honking, the victim stopped his vehicle on the far side of the intersection and approached the suspect’s car. That's when the shooting started according to witness statements.

One of those witnesses was the victim’s fiance, Cynthia Herrera. Herrera was in another vehicle at the intersection when Maes was shot. She says the two of them had just left American Family Insurance and were headed towards the Midtown Shopping Center when they came across Maes' daughter and her boyfriend in a blue Dodge Neon.

Reportedly Maes' daughter, Melissa Lucero, was riding with her boyfriend, Luna, when the shooting happened. Court documents say Lucero's step-sister Ariel Herrera was riding with Cynthia at the time of the shooting. She told police she could clearly see Melissa in the car when Maes was shot. She says she could also see the bullet casings falling as the shots were fired.

Another witness, Ray Munoz, was also in a car at the intersection. His car was hit by at least one stray bullet. His says he saw the whole thing as well.

Luna and Lucero allegedly fled the scene together after the shooting. Luna's car was found in a garage a few blocks away, neither Luna nor Lucero were at the home where the car was found.

Richard Maes died later that evening at 7:10 p.m.

Luna turned himself in a few hours later. Melissa Lucero was not with Luna at the time… but police were later told that Lucero had agreed to come to the police station today to talk to detectives. She was accompanied by her mother Barbara Lucero, and was released from custody after the interview.

Police say it will be up to the District Attorney's office whether or not Lucero will be charged in connection with her father's death, and for now she is free. Luna is facing first degree murder charges.


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Comments are posted from viewers like you and do not always reflect the views of this station.
  • by Anonymous Location: Pueblo on Aug 9, 2010 at 05:31 PM
    Matthew 7.1-6 Stop Judging, that you may not be judged. For as you judge, so wil you be judged, and the measure with which you measure will be measured out to you. Why do you notice the splinter in your brother's eye, but not perceive the wooden beam in your own eye? How can you say to your brother, Let me remove that splinter from your eye while the wooden beam is in your eye? You hypocrite, remove the wooden beam from your eye first; then you will see clearly to remove the splinter from your brother's eye.
  • by bea Location: pueblo on Aug 6, 2010 at 01:02 PM
    no one knows what really happened and why dont they look into the fathers past mr luna never beat his girlfriend so people should stay out of this
  • by Anonymous on Aug 4, 2010 at 02:05 PM
    "dirtbag" the one who was killed. They're both taking up space and causing more crime across this city. Obviously when they say "Bad Blood" means he was involved in some dirt as well. You act like he was an angel walking about... WROOOOONG! Get them all off the streets
  • by Mr x Location: spgs se side on Aug 4, 2010 at 11:22 AM
    Right on. i agree. another thug off the streets. ashame we cant get em all of the streets at once. but what the hell another one down and lets get some more down. street thugs!
  • by re Anonymous on Aug 4, 2010 at 10:10 AM
    By "dirtbag" are you referring to the 49yo who was shot dead, or the wifebeater that killed him?
  • by Anonymous on Aug 4, 2010 at 07:19 AM
    Good... Another dirtbag off the street, No one cares who was there while he was shot. The real concern is another P.O.S out of our city
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