Rangel, allegedly shot by Brandt, testifies in court

An Alamosa Police Department officer and a man was shot on Oct. 27, 2022 on Denver Avenue in south Alamosa. A teen is being tried as an adult in the trial related to that incident. Courier file photo by Keith R. Cerny

ALAMOSA — Ricardo Rangel, a private citizen and one of the two people allegedly shot by Daniel Brandt on Oct. 27, 2022, testified in Friday’s proceedings. Brandt, 17, is being tried in shooting of Rangel and Alamosa Police Department Officer Mollee Heeney as an adult.

Rangel, who works in the pharmaceutical industry, was staying with his uncle down the street the day the incident took place and had come out of the house after he “heard a woman screaming and glass shattering”. He then started walking toward Brandt and his friend.  

Rangel, who had a handgun in his back pocket, subsequently got into a physical altercation with Brandt. In the midst of a struggle, the handgun fell out of Rangel’s pocket. Brandt allegedly retrieved the gun and used it to shoot Rangel as he was on the ground.

Neither 12th Judicial District Attorney Ann Kelly nor defense counsel are contesting that Brandt shot Rangel.

Once questioning by Kelly started, Rangel said that, since the shooting, he has not been able to work and is disabled on his “left side," including his left arm and wrist that now contain metal pieces since he “didn’t have a wrist or elbow after the shooting.” He’s also suffering from PTSD and “a little bit of everything” and has been receiving medical care since the shooting.

Kelly asked Rangel what he was doing the afternoon of the shooting, and he said he was taking a nap and “getting ready” to return to California. He said he lives much of the time in California but comes to Colorado frequently to visit his son in La Jara.

When Rangel walked outside, he saw two males – Brandt and his friend who was “about 6 feet tall, as big as I am”. Rangel said that Brandt was not using “proper English," which he then defined as curse words. 

Rangel then said that Brandt “took a swing” at him but missed. Rangel then hit Brandt and his friend “came after” him. He then said he was fighting him when Brandt hit him from the side. At that point, he fell onto the sidewalk and his gun fell out of his pocket.

Brandt then said, “There’s a gun” and Rangel tried to grab it for “self-protection”. He had it in his hand and “that’s when the bigger one started choking me and I fell out”, meaning he lost consciousness. When he came to, he says he saw Brandt standing before him, holding a gun.

Rangel tried to get up but was unsuccessful. He says Brandt came closer, stood before him and then shot him four times.

When asked by Kelly how he felt when APD Officer Heeney showed up, Rangel said, “She saved my life.”

When Cobea Becker for the defense began her cross-examination, many of her questions focused on where Rangel lives in California; does he really live in California, or does he actually live in Colorado; why didn’t Rangel tell his uncle that he was coming; what was his relationship with his uncle?

When Kelly objected during the questioning, Becker said the questioning was to “impeach” Rangel, a legal tactic designed to communicate to the judge and jury that the witness’ testimony is not credible.

Eventually, Becker started questioning Rangel about his actions on the day of the shooting, initially saying that Brandt and his friend were at the end of the street when Rangel came out of the house.

Rangel said, “No, they were across the street.”

Becker then said, “In fact, when you came out of the house, you saw the two males. And at that time, the gun was not in your pocket. You were waving it and showing it to the boys.

“No, it wasn’t,” Rangel said forcefully. “It was in my pocket.”

“But did you start arguing with the males? Were you still raising your voice, as well? And you were on the grass? And you were waving your gun, right?”

“No, I was not waving my gun,” Rangel said.

When questioning Rangel about his encounter with Brandt where the two were fighting, Becker asked Rangel who started the fight, and Rangel answered, “He did. He took a swing at me.”

Later in her questioning, Becker then stated – as she had said in questioning several other witnesses - Rangel had come up the street “waving his gun”. At that point, Rangel replied, “That’s bullshit.” 

She then stated several times that Rangel had pointed his gun at Brandt, finally asking him, “Did you point your gun at Mr. Brandt?”

“No, I did not,” Rangel responded.

Toward the end of her questioning, Becker switched topics and brought up a statement that Rangel had made to a CBI agent in the hospital, stating that he said he didn’t drink but he had used drugs that day. Rangel said he didn’t remember.

Becker then asked Rangel about a history of addiction, which Kelly immediately objected to, requesting the entire transcript be read.

Once again, Judge Crista Newmyer-Olsen brought all counselors to the bench.  

When Becker continued with her questioning and read the entire transcript. Becker then clarified that the CBI agent asked if Rangel was under the influence of drugs at the time of the shooting, and Rangel responded he was not.

In conclusion of her questioning, Kelly then asked Rangel if he had struggled with addiction issues in the past, and he said, yes. She asked him if he was taking methadone and he said yes and he had been sober for three years.

Kelly then asked for confirmation - did Rangel wave a gun. Rangel said no. Who started the fight, she asked. “He did,” Rangel answered. “Did you point your gun at Mr. Brandt?” “No, I did not.”

With that, the questioning was complete, and Rangel was excused. The trial continues this week and is expected to be completed this week.