Denver District Attorney Beth McCann on Tuesday asked the court for more time to file criminal charges against Jordan Tyler Trey Waddy, who was shot and wounded by officers along with five bystanders early Sunday morning after police say Waddy brandished a gun in the city’s Lower Downtown area.

“The Denver Police Department is attempting to interview additional witnesses and obtain video surveillance which is directly related to the investigation,” according to McCann’s motion.

Denver County Court Judge Arnie Beckman had not ruled on the motion as of noon Tuesday, but he did set Waddy’s bond at $50,000 Monday despite McCann’s request for $75,000, court records show.

If Waddy does post bail, he’ll be under “maximum home confinement” and required to wear GPS electronic monitoring. He was already on probation for felony aggravated robbery convictions. 

Waddy, 21, was arrested on suspicion of felony menacing and possession of a weapon by previous offender. As of Tuesday afternoon, he was still in the hospital, police said.

Investigators allege that Waddy brandished a “10 mm Rock Island M1911 A2” during a disturbance around 1:30 a.m. Sunday near 20th and Larimer streets, according to the probable cause affidavit.

The disturbance occurred as the bars were about to close, and officers were patrolling nearby.

Officer James Cambria said he witnessed an “altercation” in front of 2012 Larimer St. involving a 6-foot-tall man “wearing a black baseball cap with the White Sox logo” — later identified as Waddy.

“During the altercation, Waddy began to grab at his waist band and lifted up his hoody as though he was armed with a handgun,” according to the affidavit.

Other officers approached, including Megan Lieberson, Brandon Ramos, Kenneth Rowland and Alex Enriquez, as Waddy walked away from them.

“Officer Cambria said he observed Waddy again reaching into his waist band or pocket in a motion consistent with pulling out a firearm,” according to the affidavit. “Officer Cambria was standing alongside Officer Rowland when Officer Rowland said that Waddy had a firearm. Officer Cambria said he was in fear for his life as Waddy was now armed with a firearm and pointed a firearm in their direction.”

Shots were fired, “4 to 6” of them, and Waddy fell to the ground. Cambria said he saw “Waddy throw the firearm onto the ground.”

There was one bullet in the chamber and seven in the magazine.

Five bystanders — three women and two men — who were injured in the shooting were taken to Denver Health Medical Center. All of them had been released as of Monday evening, according to police, except one who was in “stable” condition.

Police said the ongoing investigation prevents them from releasing more details until at least Wednesday. 

Supervising Deputy State Public Defender Victor Short and Deputy Public Defender Becca Butler-Dines entered appearances as Waddy’s attorneys and filed motions typical for high-profile cases.

Those motions included asking the judge to order preservation of all evidence, access to that evidence by defense attorneys, and police and prosecutors must ask attorneys for permission — and have them present — for any contacts with Waddy.

Short also asked for the judge to limit pretrial publicity by denying all requests for expanded media coverage of any court hearings, and a gag order on all prosecutors or police involved with the investigation and court case.

“The U.S. Supreme Court has also held that any First and Fourteenth Amendment rights of the press to attend criminal proceedings are not violated by orders excluding members of the public and press, so long as those orders are issued to protect the right of the accused to receive a fair trial,” according to the motion. “Any expanded media coverage will serve to taint any jury pool that might be called to hear this case.”

The judge did not rule on those motions or set a hearing date.

In an email, Short declined to say when Waddy’s next court appearance might be.

Colorado court records show that Waddy pleaded guilty to two counts of felony aggravated robbery on July 2, 2018. 18th Judicial District Judge Ben Leutwyler sentenced Waddy to 15 years in the Department of Corrections but suspended the sentence — meaning that if he met the terms of probation, the sentence could be dismissed. Leutwyler also sentenced Waddy to five years in the Youthful Offender System.

Waddy was arrested again by Pueblo County sheriff’s deputies in November 2019, in connection with a March 10, 2019, incident. He originally faced a felony charge of assault causing serious bodily injury, but he got another plea agreement and pleaded guilty to a misdemeanor charge of assault on July 14, 2020, court records show.

10th Judicial District Judge Amiel Markenson sentenced him to three years of unsupervised probation and two years in jail, but suspended the jail sentence.

Denver Gazette reporter Carol McKinley contributed to this report.