The former Greenwood Village police officer who is accused of fatally shooting teenager in southeast Aurora during a confrontation last month was legally drunk at the time, according to the affidavit from the Aurora Police Department.

The affidavit also said the 17 year old, Peyton Blitstein, fired first, hitting Holen in the hip, before his semi-automatic handgun jammed. The weapon was a “ghost gun” — a firearm that generally is bought online and assembled at home. Ghost guns are untraceable because they have no serial number.

Under state law (18-12-108.5 CRS), it is illegal for a person under 18 to have a handgun except under special conditions including training or parental supervision. Violation is a class two misdemeanor.

A toxicology test showed the teen had cannabis in his bloodstream, but the blood levels of marijuana were not given, the report noted.

Blitstein’s father, Todd, told The Denver Gazette in an earlier interview that he didn’t know his son had a gun and that he “wished he hadn’t had it.” He said the family cleaned his bedroom often and never saw a gun.

Adam Holen, 36, was arrested Wednesday on charges of second degree murder, felony menacing and prohibited use of a weapon.  He was released later on $50,000 bond. As of Thursday evening, there was no court date set in the case.

In the affidavit, police say that Holen was the “primary aggressor” and had a blood alcohol level of .193. The legal limit is .08. During the initial assessment, the document states, he told police that he had not been drinking; but then later changed his story to say he had been watching an Avalanche game and had two Coors Banquet beers in the first and second periods of the game and then didn’t drink alcohol after that.

The affidavit said Holen entered the hospital at 11:29 p.m. with a gunshot wound to his hip and “Once Adam had sobered up, he could be discharged from the hospital.” The doctor’s note indicated that at 2:23 am, Holen was not “slurring speech and walked with a steady gait.” He was released from the hospital at 3 a.m.

The affidavit said that Holen was the aggressor because of several choices he made that night including contacting the teenagers in the first place, staying instead of driving away, getting out of his truck, and, eventually confronting the group of teens and drawing his handgun. Ballistic reports show that Holen fired nine times. The autopsy report showed that Blitstein was shot three times in the torso and once in the arm.

Holen told police he was acting in self- defense and that he never took his gun out of its holster while he was inside his truck; but one of the key witnesses, a teen who was in the car, had a very different account. Terrence Eugene told police that his heart started racing when Holen pointed a gun at the kids in the red Toyota Scion through the passenger window early on.

According to the affidavit,  Eugene, who was in the front seat of the Scion, said he “looked up at Adam and saw Adam had pulled out a gun while he was seated in his truck. And that he “lifted his gun up to eye level and pointed it directly at him. The front passenger window was down and Adam was still seated in the driver’s seat.”

Peyton Blitstein was in the back seat of the car with two other teens, a female and a male. None of the other teens had guns.

Eugene was called into the Aurora police station for a second interview Dec. 2 to clarify his story. he told police that he saw the barrel of the gun when Holen leaned over and asked the teens: “What do you want?”

Holen told police that he had seen he Scion speeding through his neighborhood “5 or 6 times” before, according to the affidavit, and that the car cut him off on Gun Club road as it screeched around the corners into the quiet subdivision. Asked why he fired so many rounds, he answered that it was because he was trained to “eliminate the threat.”

Holen told police that he was afraid for his life, and that in the moment, he thought Blitstein was going to kill him, “And I was thinking like after all the shootings that happened at the high schools and stuff, with teenagers, I was like, this kid’s gonna kill me so I was very threatened for my life,” he told police as reported in the document.

According to the affidavit, Holen did not ask Blitstein to drop his gun or de-escalate the situation as police are trained to do, he answered that  “he didn’t remember” and that “his training took over.”

Holen had resigned from the Greenwood Village Police Department in early November. His resignation letter, stating his decision “was in my family’s best interest.”

It took Aurora police three weeks to present their case to the 18th Judicial District Attorney as detectives pored over evidence. But on the final page of the document, Aurora detective Eric White reports that “Adam pointed his gun at Terence (sic) before he got out of his truck” and that Adam “knowingly caused the death of Peyton by use of a firearm.”

The entire incident, White notes, took five seconds.