ALAMOSA – Court documents obtained on Tuesday by the Valley Courier provide details in the fatal shooting of Phil Lucero by, allegedly, Robert Thrash, a 29-year-old Costilla County resident and bondsman pursuing Lucero, 28, who had an active warrant out of Alamosa County.

Lucero, 28, was wanted by local authorities for failure to appear related to a 2021 drug charge. Thrash, 29, is being held in the Alamosa County Detention Center on a $750,000 bond after being charged with second degree murder, a class two felony, and first degree burglary, a class three felony.

As has been reported, officers with the Alamosa Police Department (APD) were responding to a call of a disturbance in progress at 2909 W. 6^th Street when, en route, they were informed by dispatch that shots had been fired.

When officers arrived on the scene, it was learned that two men had been shot. David Heinstein, Thrash’s associate who had accompanied him to the house in pursuing Lucero, had been shot in the arm. APD contacted EMS who then transported him to the hospital for treatment.

Officers found the second gunshot victim, Phil Lucero, inside the house on the living room floor, unresponsive. Officers began life saving maneuvers until EMS transported Lucero to a local hospital where he later died as a result of his injuries.

Two other people – aside from Thrash, Lucero and Heinstein – were in the house during the incident. The affidavit lists those two individuals as Veronica Lozoya, the owner of the property, and Shyanne Walden, Lucero’s girlfriend.

In the first few pages of the affidavit, it gives a brief summary of Walden’s account of the incident, stating that Walden “advised” law enforcement that the bondsmen came into the house and started arguing with (Lucero) to take him into custody. The “Bondsman”, presumably Robert Thrash, attempted to taze Lucero but it was ineffective. As the fight escalated, one of the bondsmen, identified at that point in the document as Robert Thrash, “pulled a firearm out and fired multiple times, striking (Lucero) and Heinstein.”

The affidavit then reads that Walden said, “The bondsmen exited the house until law enforcement arrived on the scene.”

The affidavit obtained by the Courier contained notes from the detective who interviewed Veronica Lozoya.

Lozoya stated that between 4:00 and 4:30 on Thursday afternoon, there was a knock on the door. She didn’t know the man who was standing outside and had opened the door “slightly” when the man, presumably Thrash, pushed the door open with his hands and then ran to the back door of the house, letting in his associate, Heinstein.

Lozoya said both men then ran to the garage where Lucero was with his girlfriend. Lozoya said she assumed the two men were with law enforcement.

Lozoya said she heard “a scuffle” and looked through the garage door and saw Thrash, Heinstein and Lucero. She said she saw a taser going off and heard voices screaming “Let go of the gun” and Walden screaming to stop and “leave him alone.”

She said the three men ran into the kitchen “almost trampling her and her dogs” as she got out of the way. The fight then continued into the living room, at which point Lozoya went into the garage with her dogs and closed the door.

Lozoya told the detective that she heard what she thought was fighting and then a series of five gunshots.

She then heard Walden tell Phil “he shot someone”, which prompted her to open the door. Lozoya said, “One of the guys was standing at Phil’s feet while the other was standing behind the front door and told the male at Phil’s feet they need to go.”

She then indicated the two men ran toward Craft Drive.

In the affidavit, the detective states that he asked Lozoya if she saw Lucero shoot the gun and she said no. She has seen him with a gun in the past, which she said he pawned.

The detective asked her if she saw a firearm anywhere as the men were leaving and she said no, she did not see a gun at any time during the incident. She only heard one and saw the taser.

Lozoya said she did not hear Lucero say anything and did not think he had a gun as “people know not to bring a gun” to her residence as she is on probation and has children living with her in the house.

In the affidavit the detective states that he asked Lozoya several times if she had given the two men permission to enter her house and she said no.

The affidavit also includes an interview with Heinstein before he was transported to a hospital on the Front Range.

In that interview, according to the affidavit, Heinstein said his partner, assumed to be Thrash, had gone to the front of the house while he remained behind the back gate. Heinstein heard a commotion and ran to the house where he believed Lucero was being tazed.

Heinstein stated that when he entered the garage, Lucero had Thrash in the corner and was “attacking” him.

Heinstein said that was when he drew his gun and told Lucero to separate and he wouldn’t.  He tried to cuff Lucero with one hand, Lucero then “shook” Robert off and  started attacking him (Heinstein). Lucero got ahold of Heinstein’s gun and he alleges Lucero was pointing it at his face. He says that is when “he thinks (Lucero) might have shot him.” He also stated that “Robert may have also shot his gun during that time.”

Heinstein said that, after the first shot, everything was a blur, and he may have heard two or three more shots.

He also informed the detective that Thrash was wearing a body-cam and it should have been activated.

As far as any statements contained in the affidavit concerning Thrash,  the affidavit states that Thrash “advised law enforcement that an altercation ensued between Thrash, Heinstein and Lucero” and at some point Lucero “gets (Heinstein’s) gun and has it at (Heinstein’s) head.” Thrash then advised law enforcement that he did shoot Lucero as he believed Lucero was going to shoot his partner.

When a detective later tried to interview Robert Thrash, Thrash – who had been arrested and booked – said he elected to speak with an attorney and didn’t want to answer any questions.

At the beginning of the affidavit, obtained from the clerk by the Courier, the detective states that the document is only a summary of what has been learned at this stage of the investigation and he will update the running narrative as the investigation continues and more information is made available to law enforcement.

A statement released by APD the day following the shooting states, “The Alamosa Police Department is working closely with the 12th Judicial District Attorney’s Office with this active homicide investigation where additional charges may be filed as more information is gathered.  Due to this being an active investigation, no further information will be released at this time.”

It is important to emphasize that all defendants are presumed innocent until and unless proven otherwise in a court of law.