Shawna Nelson

Case record: Shawna Nelson

Outcome

Shawna Nelson was found guilty of first-degree murder in the slaying of Heather Garraus.

On March 3, 2008, Shawna Nelson was sentenced to life without the possibility of parole, described as the mandatory sentence for a first-degree murder conviction.

Weld County District Judge Roger Klein said: "You carried out this plan with great deliberation. You deserve to serve every day of the sentence I will impose," before imposing the sentence.

Nelson displayed no emotion as the guilty verdict was read and declined the judge's invitation to make a statement before the sentence was handed down.

Nelson’s attorney, Kevin Strobel, said: "We're disappointed in the result, obviously," and stated: "There will be an appeal."

Timeline

• Jan. 23, 2007 — Heather Garraus was shot in a parking lot at the Greeley credit union where she worked.
• Dec. 18, 2006 — Security video showed Shawna Nelson inside the branch closing her account.
• Feb. 5, 2007 — Shawna Nelson discussed blackouts with Ken Nelson by phone.
• June 2007 — Shawna Nelson told her sister Deb Smith about matters including sexual contact when discussing Michelle Moore.
• July 4 — Shawna Nelson found out she was pregnant with Christian, and Ignacio Garraus wanted her to have another abortion.
• March 2006 — Christian was born.
• Aug. 1996 — Shawna Nelson married Ken Nelson.
• 1992 — Shawna Nelson began work as a dispatcher.
• 1995 — Shawna Nelson divorced Chris McKay.
• 2004 — Shawna Nelson and Ignacio Garraus began flirting in spring and became intimate in July.

The offence

Heather Garraus was shot execution style on Jan. 23, 2007.

Witnesses said a masked killer, dressed in black, confronted Garraus in the parking lot of the Greeley credit union where Garraus worked and told her, "You ruined my life. Get on the ground."

Witnesses said Garraus replied, "OK, OK" and knelt down, and the killer in a black robe fired two shots from a handgun and fled.

Witnesses said the killer yelled, "You ruined my life!" before shooting Garraus.

Investigation

Jurors were told that prosecutors argued the killing was motivated by jealousy in a love triangle. Prosecutors argued that Shawna was the only person with motive to kill Heather.

Prosecutors introduced evidence described as overwhelming, including:

• Prosecutors put 40-plus witnesses on the stand and introduced 120 exhibits.
• Investigators introduced forensic findings including DNA and gunshot residue testing.
• Investigators linked tire tracks in snow behind the credit union to Nelson’s pickup using tire track casts and comparisons.

Forensic pathology

Dr. John Carver performed the autopsy on Heather Garraus in the morgue at McKee Medical Center in Loveland Colo.

Dr. Carver testified that he saw two gunshot wounds:

• One grazing wound through the victim’s right upper back up to her skull.
• A second gunshot wound to her left temple.

Dr. Carver testified the wounds caused Heather’s death and described the left-temple wound as a contact wound.

He explained:

• "When a gun is fired powder, flame gas and soot come out of the tip of the barrel."
• "In a contact wound that gas and soot go into the wound ballooning the skin outward and tearing it."
• "There was abrasion around the defect."
• "The flame from the gun heated or cooked the skin immediately around the wound."

Dr. Carver testified the other wound was an intermediate range wound, and that examination of the victim’s sweater appeared to show a sparse scattering of unburned gun powder, indicating the end of the gun was a few feet away when the bullet entered.

He testified Heather’s death was within seconds and the manner was homicide.

DNA and serology

CBI lab agent and forensics expert in serology and DNA analysis Yvonne Woods testified that DNA profiles indicated mixtures on shoes in evidence, showing two people with the major component being female and matching the DNA profile developed from Shawna Nelson.

Woods testified: "To a reasonable degree of scientific certainty Shawna Nelson is the source of the major component of the DNA profile developed from these shoes," and that investigators could exclude Heather Garraus and Michelle Moore’s DNA.

Under cross examination, Woods testified she could not tell if a tested material was "skin cell, saliva or sweat" off the shoes, and she stated they did not find blood on the door or steering wheel of the pickup driven by Shawna.

Woods testified that gun was examined for hair and blood, and they did not find any, and that they found no hair on the floor or floor mats of the pickup truck.

Woods also testified about gum wrapper evidence found in Heather Garraus’ vehicle.

Woods testified that she tested multiple items, including the hood or mask, and that testing the mask for blood found none; testing for DNA was performed.

During testimony, the judge directed that there be a break for lunch and said: "Judge says let's break for lunch. Says be back at 1:10 p.m."

Gunshot residue testing

Alex Rugh of Colorado Bureau of Investigation testified about GSR testing methods using a metal disk with sticky carbon tape and scanning electron microscope analysis.

Rugh testified:

• "In other words," Rugh said, "Lead antimony was found in at least one particle."
• The test stub on Shawna’s sweatpants was positive for gun shot residue.
• Rugh said Shawna’s sweater and tank top were also positive, and results were positive for the cap, men’s underwear, and glove.
• Rugh said the mask did NOT test positive for gunshot residue.
• Rugh said the right shoe was positive, but the left shoe was not.
• Rugh testified the interior of the driver’s side door of the pickup tested positive for gun shot residue.

Rugh testified results were positive for samples taken from Shawna’s right hand and face and stated: "There was nothing in the process to make him believe the results were inaccurate."

Under cross examination, Rugh testified there were three possibilities that would allow a particle to be present:

1. "the person fired the gun"
2. "the person was near a gun that was fired by someone else"
3. "the person came into contact with something that had gunshot residue on it."

When asked if he could say which of the three caused the residue in the tests, Rugh testified: "We cannot."

Rugh testified: "He said he can't tell on what date a particle is created."

Rugh testified about transfer possibilities, stating:

• "He was asked if a police officer is armed with a weapon is it possible for him to have GSR particles on his hands, clothing or handcuffs. He said yes."
• "He was also asked if a person was placed inside a police vehicle that had GSR on the seat or inside the car, was it possible for that residue to be transferred to that individual. He said, "Yes."

Arrest and pretrial custody

Detective Mike Prill testified that officers stopped Shawna Nelson at the stop location in cold weather with ice and snow on the ground. Prill testified she was wearing a calf-length sweater coat, lavender tank top, black sweat pants, and no shoes, with socks on but no shoes.

Det. Prill testified a search warrant was executed at the suspect’s house early in the morning, Jan. 24, and officers attempted to enter the master bedroom, which was locked.

Prill testified he found a key chuck on the frame above the door and used it to open the door, and described the bedroom as clean with few clothing items on the floor and the room and house as pristine.

Prill testified that the bathroom was pristine, with bath half filled with room temperature temperature and no soap, and that the basement search found a gun box.

Prill testified that the gun box label for a Glock 22 .40-caliber handgun included serial number KDN-907.

Trial

Venue and selection

The trial was moved to nearby Fort Collins in Larimer County because of pretrial publicity and the possibility that jurors might know the witnesses.

Deliberations and verdict

The jury got the case on Friday and deliberated Friday afternoon without reaching a verdict.

The jury reached a unanimous guilty verdict after deliberations resumed the following Monday morning, and it was announced at 9:45 a.m. Monday.

The trial lasted 10 days, and the jury took 5 hours and 45 minutes to reach a unanimous guilty verdict.

Witnesses and testimony

Weld County District Judge Roger Klein presided over the proceedings.

Multiple witnesses testified about the relationships between Shawna Nelson, Heather Garraus, and Ignacio Garraus, including:

• Heather Garraus was the wife of a Greeley police officer Ignacio Garraus.
• Ignacio Garraus had an affair and fathered a child with Nelson.
• Ignacio Garraus broke off the three-year affair a month before the shooting.
• Nelson was described as a former Weld County dispatcher.

Witness testimony included accounts about the shooting and surrounding events. Witnesses described Shawna as having a mask and a plan to kill Heather.

911 call evidence and credit union witnesses

Credit union employees and patrons testified for the prosecution.

Brad Mitchell, an employee of the credit union where the victim worked, testified that as employees were leaving work on Jan. 23, 2007, they saw someone wearing black approach, and the individual said: "You've ruined my life, get on the ground." Mitchell testified: "That's when I heard two shots go off."

Nicole Cordova, a one time co-worker, testified that as she, Heather, and employees left on the night of Jan. 23, 2007, she heard another individual tell Heather, "You ruined my life." She testified two gunshots were fired and she called 911 after seeing Heather on the ground.

Matthew Youngs, the first officer on the scene, testified that he talked to Julie Villa and Mindy Maeder and they told him what happened and gave him a name.

Youngs testified he identified the suspect name as "Shawna Nelson."

Evidence about denial and mask sightings

Paige Walker, a juvenile witness, testified about phone calls and about pictures of Christian.

Paige testified: "Mrs. Nelson called Ignacio's father and told him she was upset that Ignacio wasn't talking to her. She was going to send pictures of Christian to Ignacio's dad."

Paige testified about a call where Shawna told Ken she didn’t love him anymore and that when Ken came home she didn’t talk to him and went to bed.

Sonja Walker testified that Shawna called Heather "a hag" and described a strong dislike of Heather.

Forensic evidence on guns and cartridges

Detective and forensic witnesses testified about gunshot residue, DNA, and ballistics.

Agent Alan Hammond testified that he test fired shells from Ken Nelson’s Glock 22 .40-caliber semi-automatic, serial number KDN 907, and testified in his opinion the evidence cases were fired by the same gun, based on unique firing pin impressions.

Hammond testified: "Yes, in my opinion," when asked whether the evidence cases were fired by the same gun he tested.

Hammond testified he could not say the bullet recovered from the homicide scene was definitely fired by that same Glock, or any Glock.

Hammond testified: "He said in his opinion, the bullet recovered from the scene was not fired from a revolver."

Det. Matt Walsh testified about the gun being placed in an evidence box by another task force member.

Lt. Steve Nelson testified that Ken Nelson was very emotional after the shooting and that Ken was crying. Nelson testified when other officers gave him Ken Nelson’s Glock, he put it in a safe and later turned it over to investigators with Greeley police, and testified under cross examination that it was fully unloaded when put in the safe.

Defendant’s testimony

Shawna Nelson testified that she had lived her entire life in Greeley and began work as a dispatcher in 1992.

She testified she was previously married to Chris McKay and divorced him in 1995.

She testified she married Ken Nelson in Aug. 1996 and had children Dillon, Jordan, and Christian.

Shawna testified about her relationship with Michelle Moore and Ignacio Garraus, including that their relationship became intimate in July of 2004.

She testified about keeping the relationship secret, stating: "None of this is stuff I'm very proud of. It's kind embarassing. Both of us decided we weren't going to tell anybody."

Shawna testified that Michelle Moore’s boyfriend died in a plane crash, and that she was between boyfriends.

She testified about a confrontation at a retirement party, stating: "My intentions weren't to kick her ass," and: "I was very drunk that night. Everybody says I said that," and stated: "After that night I never had physical or verbal contact with Michelle Bush again."

She testified that she and Ignacio Garraus discussed abortion, saying:

• "Did you wish to have one? "No," she said."
• "Ig talked me into having an abortion."

Shawna testified her abortion was performed at Planned Parenthood in Fort Collins and stated: "She said she felt humiliated. "It still haunts me," she said."

Shawna testified she told Heather at work that she and Ignacio were just friends and that she would never let something like that happen, and that she did not tell Heather about her relationship with Ignacio.

Shawna testified about sending a text message to Heather’s phone that she admitted sending, stating the message was: "If you're reading this U r a psycho bi***." She testified her explanation: "Because I thought if she knew I knew her cell phone number she would leave me alone."

She testified Heather called her and asked, "So you think I'm a psycho bi***? I'd like to see you say that to my face." She testified Heather hung up.

Shawna testified that she pawned a gun so she could take to Grand Lake to meet Ignacio and described a text message that she sent to Ignacio as being signed "Omar," with Omar being a name Ignacio had programmed for Heather’s number.

Shawna testified she drove by the Garraus house after Christmas and called, but he wouldn’t answer, and that later she received his new cell phone number.

Shawna testified that on Jan. 23, the day of the shooting, she took the kids to school, called Ken to see if he wanted a Starbuck’s, then went home.

She testified she called Michelle and left a message that she was sorry, that she would be home all night, had a headache and was going to take a bath.

Shawna testified about the stop before her arrest and said she explained why she was not wearing shoes. She testified she had an accident, took diet pills, started drawing water for a bath, decided to go to the liquor store to buy wine, dressed in dirty clothes, and later realized she had left the shoes in the closet and had locked the bedroom door.

She testified: "Once she was in front of the liquor store, she said she was in a daze. She had no specific memory of leaving the house."

She testified she got a phone call from Ken, realized she didn't have her purse, headed back home, and was stopped by Ken and Kell.

She testified Ken jumped in front of the truck, yelling, and she said on direct testimony: "What's going on?" and "He said, 'What have you done?' I said, 'What are you talking about?'" and that Ken yelled, "Where are the kids?" and she responded "At home," before he drove away.

Charges and legal issues argued at trial

Jurors were instructed during trial.

In closing arguments, prosecutors and defense made differing assertions about motive, evidence sufficiency, and whether other investigation was conducted.

Prosecutor Gregory Lammons stated: "Jealousy. Blood and jealously." and said: "One person, the defendant."

Defense attorney Kevin Strobel argued Shawna Nelson was not guilty and challenged evidence such as DNA, gunshot residue, and the gun and mask evidence.

Sentencing

On March 3, 2008, Nelson received life without the possibility of parole.

Weld County District Judge Roger Klein made a sentencing statement and imposed the sentence.

After sentencing, Nelson’s family and Nelson’s attorney were present, and Nelson’s attorney said an appeal would be filed.

Aftermath and appeals

Kevin Strobel said: "There will be an appeal."

Other participants expressed their views about the verdict, including Maria Valdez, who stated: "We are happy. It was the right thing. And we're glad that it's done and over with."

Ignacio Garraus left the justice center without comment.

Shawna’s friend expressed a view that Ignacio was guilty, stating: "I feel he's just as guilty. I'm sorry to say it, but that's just the way I feel,"