The defendant in a 2022 University Hill shooting case accepted a plea deal last week.
Zakiyy Lucas, 24, pleaded guilty on Aug. 14 to attempted first-degree murder — extreme indifference; disorderly conduct — discharge firearm; and possession of a defaced firearm. All other charges, including a second charge for attempted first-degree murder, were dismissed.
Lucas remains in custody on a $200,000 bond. He is scheduled to be sentenced on Nov. 8.
According to Boulder County District Attorney’s Office spokeswoman Shannon Carbone, Lucas has a stipulated sentence of eight years in community correction with no credit for time served.
Carbone explained that is Lucas does not get a community corrections sentence or is not accepted for community corrections, he faces 10 years in prison. if he is granted the community corrections sentence but fails to comply with requirements, he will be sent to prison.
The stipulation also includes two years of credit for time served on the disorderly conduct and possession of defaced firearm charges.
While in custody, Lucas picked up another case in which he was charged with obstructing government operations, a misdemeanor; and riot in a detection facility — disobeying orders, a felony. These charges were dismissed as part of the plea. A 2022 misdemeanor case was also dismissed as part of the plea deal.
“This dangerous situation could have ended much worse,” District Attorney Michael Dougherty said in a statement. “But for the quick and courageous response of the police officers, what started as a fistfight could have resulted in a death because both groups had guns on them. Our office received compelling mitigation about this young man and his circumstances. After considering that mitigation, the specific facts of this case, and serious consequences for his conduct, this guilty plea and sentence strikes the right balance.”
In October, the Boulder County District Attorney’s Office dropped charges against Lucas’ former co-defendant after closer examination of video evidence indicated that he did not fire a gun.
According to an arrest affidavit, police were investigating a nuisance call on University Hill on Oct. 2, 2022, when they heard a witness had called 911 about a large brawl nearby that possibly involved firearms.
A video of the fight showed one man on the ground wearing a dark shirt and khaki pants being punched and kicked by two other men, including the former co-defendant.
Video footage later showed the former defendant yelling at a man later identified as Lucas. The two then began to exchange punches when Lucas went into a yellow vehicle parked nearby and returned with a rifle, the affidavit said.
A responding Boulder police officer, Eric Stephens, saw Lucas fire his weapon, which prompted Stephens to begin firing his weapon.
According to body camera video, Lucas then dropped his weapon and began to run before Stephens told him to stop. While the officers were putting Lucas into custody, police believed that Lucas’ former co-defendant fired four shots in their direction based on a witness description and where the shots came from.
But according to a motion filed by the Boulder County District Attorney’s Office on Oct. 13, Boulder police examined video from a local business that had initially not been available, and the video called into question whether the man was the shooter.
The video was sent for enhancement, and stills from that video and shell casings indicated there was one shooter. The video evidence “makes clear” that the shooter was not the former co-defendant.
In an emailed statement Carbone wrote, “Despite an extensive investigation, there was insufficient evidence to identify the other shooter(s). Our office worked very closely with the Boulder Police Department on this case.”
PREVIOUS ARTICLE