Affidavit supporting the arrest of Jared Sajal Guy in connection with the death of Linda Damm

Released March 6, 2007

I, Detective Thatcher, am a duty sworn Peace Officer for the City of Lafayette, County of Boulder, and State of Colorado. In the following narrative I will detail the probable cause for the arrest of Jared Sajal Guy, having a date of birth of, June 12, 1988. Jared was arrested at 9300 W. 104th Ave. in Westminster, Colorado, at 2230 hours.

On 03/02/07, Detective Robinson and I were following up on leads from a murder investigation; case number 2007-606. Bryan Grove DOB 05-19-89 was charged with Murder in the First Degree. Tess Damm DOB 07/16/91 and Jared Smith DOB 06/13/90, were charged with Accessory to Murder in the First Degree. The crimes were committed at 705 W. Brome Place, located in the City of Lafayette, Boulder County, and State of Colorado. Detectives had learned that Jared Guy was an accessory to the crime. Detectives identified who Jared Guy was after interviewing several friends of Bryan Grove. Detectives locate, interviewed, and arrested Jared Guy at Stanley Lake High School, located at 9300 W. 104th Ave., Westminster, Colorado, at 2230 hours. Further details follow.

On 2/28/07, during interviews with suspects, it was learned that after the homicide committed by Bryan Grove, the body of the victim, who they described to be the mother of Tess, was moved to a Subaru car in the garage. It was also learned from Tess that approximately one week after the homicide, the arrestee, Jared Sajal Guy, helped transport the body to a cemetery in Boulder where Bryan, Tess, and Jared Guy buried the body. The three suspects believed they saw law enforcement in the area while burying the body and left in a hurry. Later in the early morning, it was decided that the body had not been buried well enough. Tess reported to Detectives that Bryan and Jared Guy returned to the cemetery and recovered the body, placing it back in the Subaru, then driving back to 407 W. Brome Place, Lafayette.

Jared Smith reported to Detectives that he had knowledge that Tess, Bryan and his best friend, he considers a "brother", went to a cemetery to burry the body. Jared did no want to name who Bryan’s best friend was. Jared stated he thought it should be Bryan who discloses who the "brother" was. During the interview with Tess, she described Jared as "Indian Jared" because he was "Indian." Tess also reported that "Indian Jared", was best friends with Bryan and they considered each other "brothers," although they were not blood brothers.

On 03/02/07, at 2115 hours, Detective Robinson and I interviewed Jared Guy in a conference room at the Stanley Lake High School in Westminster. Jared was attending a winter dance with his girlfriend. Prior to beginning the interview, Jared was advised he was free to leave anytime and he was not under arrest. We identified ourselves from the Lafayette Police Department, and informed Jared we were there to talk about his friendship with Bryan Grove and his knowledge of the homicide that occurred in Lafayette. Jared agreed to talk. Jared provided the following information:

Jared reported he learned about the homicide from a friend named Kerry (unknown last, UNL). Kerry called Jared and told him to watch the news. Jared also learned information from the Daily Camera.

Jared reported he is "best friends" with Bryan and they are "brothers." Jared said they consider and call each other "brothers." Jared reported there are two other friends in their circle that they call "brothers." Jared identified them as Brian Nesmith and Jeremy Evans. Jared never personally met Linda Damm. Jared reported that Bryan Grove confided in him about the homicide. Bryan reported that he learned about what happened a couple of days after it happened. Bryan called Jared and asked him to go to the IHOP restaurant with him located at 120th and Sheridan in Westminster.

Bryan told Jared the night it happened. Linda was drunk and chasing Tess around the house. Tess called Bryan and asked him to come over to help her. When Bryan arrived, Linda was choking Tess so Bryan threw Linda off of Tess. Bryan reported to Jared that Linda came at him with a switchblade knife. Bryan then took the knife from Linda and stabbed her with it. Jared reported that he did not believe him because Bryan said a lot of things to sound tough. Jared reported he found out later from Kerry, (UNL), that the story was not true.

Jared said they later went to the house where it happened and Bryan brought it up again and he was skeptical about what Bryan had told him. Bryan asked Jared if he wanted to see the body as proof. Jared followed Bryan in the garage. Jared showed him the back of the car where Jared saw that there were sheets. Bryan said it was the body. Again, Jared did not believe him and told him to prove it. Bryan then opened the car and lifted the sheet so that he could see Linda. Jared described the body as "not a pretty sight." Jared said the body was really bloody. Jared said he learned from a forensic science class he is currently taking about body decomposition and the stages where odor sets in and flies form. Jared reported he thought the body had been placed in the car recently. Jared reported that he was in shock and it did not hit him right away. Jared reported they went into the house where they talked more and it began to settle in what was going on.

Jared remembered talking in the living room about what had happened with Tess and Bryan. Jared reported that Bryan made the statement "the house is mine now." Jared said that there was not a lot of talk, but when there was, it was to Bryan and not Tess. Jared reported that they may have watched a movie then Bryan took him home in the black Acura.

Jared stated that Tess seemed like she was hurting, but wouldn’t show it in front of Bryan. Jared reported that in front of Tess, Bryan tried to be "up beat" to make things more comfortable for Tess, but he did not seem himself. Jared reported that when they were alone on the ride back to his house, Bryan "broke down" and was crying. Jared reported that Bryan made the statements "I fucked up," "I feel horrible," "I don’t know what is going to happen."

Jared confirmed that Bryan claims Insane Clown Posse (ICP). Jared said he knows Bryan to smoke Marijuana and that he used to drink. Jared said he does not drink anymore after an incident. Jared said Bryan met Tess and he did not like her at first. Jared said after awhile, Bryan began to change a little for the better.

Jared was asked if he saw the body again. Jared stated "no." Jared was asked if he learned about them trying to dispose of the body. Jared stated "yes." Jared reported that they told him they needed to bury the body. Jared said he told them no, and that idea was stupid. Jared told Bryan that if his account of what happened to Linda was true, he had nothing to worry about because it was self-defense, and he should go straight to the police with what happened.

Jared was asked if he knew if Bryan tried to bury the body. Jared stated, "From what I know he did." Jared reported that Bryan called him in the middle of the night and tried to get him to go and help dispose of the body. Jared said he told him no and Bryan replied that he understood. Jared was asked where they were going to dispose of the body. Jared said he did not know. Jared was asked again if he knew where they took the body. Jared then replied that he remembered that maybe they were going to take it to a cemetery. Jared explained that he may have suggested the cemetery to get Bryan off the phone so that he could go back to sleep. Jared was informed that sometimes suspects talk about who are involved and informed him he should be honest about what happened.

Jared stated, "Okay, Okay, I was worried about that, I haven’t been truthful." Jared reported that Bryan asked him to help take the body to a landfill. Jared said that Bryan took the body in the Subaru and he followed in the Acura. Jared stated it was only him and Bryan. Jared reported they went to the Erie landfill, where he got the car stuck in the mud as it had recently snowed. Bryan and Jared decided not to dump the body and returned to the house in Lafayette.

Jared reported the following night, Bryan, Tess, and him took the body to the cemetery near his school, New Vista High School, in Boulder. Jared reported they found a spot next to a tree and dug a shallow grave. Jared reported they did not burry the body deep enough and there was a hump. Jared reported they got spooked by someone Bryan believed to be a police officer. They left the cemetery and dropped off the Subaru at the house in Lafayette. Bryan and Tess then took Jared home in the Acura. While en route to his house, Bryan told Jared he was sorry he was going to have to turn the car around. Bryan told Jared he could not leave the body there because it was not buried good enough. Jared and Bryan took Tess home and took only the Subaru back to the cemetery. Jared reported they dug up the body and placed it in the back of the Subaru. They then returned to Lafayette and parked the car in the garage.

Jared reported he believed they originally began digging the hole approximately 2300 hours and finished burying the body around 0130 hours before being spooked by LE. Jared reported they recovered the body prior to sunrise. Jared reported he believed they buried the body February 6th, 7th, or 8th. Jared remembered having a conversation about how Valentines Day was going to be the next week. Jared also reported that he believed the murder must have occurred on the 27th or 28th based on when he viewed the body.

Jared was asked if he helped with the murder of Linda. Jared said he did not. Jared said he wasn’t thinking straight and that Bryan was his "brother." Jared indicated he felt he needed to help him. Jared said he did try to tell Bryan again that he needed to turn himself in if it was self-defense. Bryan did not listen. Jared said he gave up and just tried to focus on straightening out his own life. Jared stated he needed to focus on his grades and graduating.

Jared was arrested at 2230 hours and transported to the Lafayette Police Department for booking. Once at the PD, Detective Robinson asked Jared if he would do a video taped statement reiterating his earlier statements. Jared agreed and signed a written waiver of Miranda rights.

Jared was photographed, fingerprinted, and then transported to the Boulder County Jail for lodging.

See Tiburon reports for further details.

End of narrative.