Boy suspected of ‘gun battle’ with Aurora police also faces pregnancy termination charges

Prosecutors sought additional charges against one of the teenagers accused of engaging in a “gun battle” with Aurora Police Department officers last year, including allegations of unlawful termination of a pregnancy over the homicide of a pregnant woman.

Court filings from March 29 show a judge granted the state permission to add more than 20 charges in the case against Luis Rivas-Newcomb, the 16-year-old who was arrested on allegations that he and another juvenile suspect — who has not been charged as an adult — started a shootout with APD officers on Nov. 30 outside of a King Soopers in Aurora.

The officers had been following a stolen vehicle when they were shot at, police said.

Rivas-Newcomb was originally charged as an adult in the 18th Judicial District with seven counts of attempted murder, including five counts for the attempted murder of police officers, and aggravated motor vehicle theft. He has yet to enter a plea. 

Early ballistics testing linked firearms used in the shootout with APD police with at least two other cases, including the homicide of a woman who was pregnant, according to the initial arrest warrant.

The body of Kaeli Fossen, 28, was discovered on Nov. 28 near the intersection of East Smith Road and North Sable. She died of a gunshot wound. She was in her late second or early third trimester, according to court documents. GPS data also placed Rivas-Newcomb in the area at the time of her death. 

The total list of charges in Rivas-Newcomb’s case now stands at 35, including allegations of murder with extreme indifference, a class 1 felony; unlawful termination of a pregnancy, a class 5 felony; aggravated motor vehicle theft for vehicles valued at less than and more than $20,000, a class 5 felony; attempted murder after deliberation, a class 2 felony; two charges under COCCA, the state’s organized crime act; and, several charges for the attempted murder of a peace officer.

Attorneys for Rivas-Newcomb could not be reached for comment.


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