A Denver district judge added on a sixth count of second-degree murder to charges already filed in the brutal killing of a 14-year-old in Southwest Denver.

Diego Lopez sat quietly during his second preliminary hearing as prosecutors argued to add the extra charge which Denver Deputy District Attorney Ashley Beck said would give jurors an alternate theory to consider in the case.

Lopez was originally bound over for trial in Aragon’s murder last May on five charges.

Lopez’ previous five counts include first degree murder, aggravated robbery, tampering with physical evidence, possession of a handgun by a juvenile offender and a sentencing enhancer.

Lopez, dressed in a dark green jail outfit with a yellow long-sleeved shirt underneath, sat quietly during the hearing Wednesday afternoon. Half of the courtroom was filled with his family.

On the other side of the gallery sat members of Aragon’s family, some of whom cried quietly as lead detective Dan Andrews described how investigators found the 14-year-old’s body next to a baseball field on the afternoon of Aug. 8, 2022. “The victim had tool marks on his body indicative of being pistol-whipped,” Andrews said.

Aragon, who was just days shy of his 15th birthday, was also shot in the back, stabbed, and then stomped on his face, according to the arrest affidavit. 

Aragon and Lopez had plans to meet up that day near Denver’s Southwest Recreation Center at 9200 W. Saratoga Place to finalize a gun sale, Andrews testified Wednesday. He said that Lopez had agreed over Instagram to pay Aragon $900 for a Glock 21 handgun, but prosecutors insisted that Lopez not only murdered Aragon, but also stole the weapon, the money and Aragon’s cellphone.

A woman walking a path leading to the baseball field found a $20 bill with Aragon’s blood on it which prosecutors theorized may have fallen out of Diego’s possession after the killing. They noted neighborhood surveillance video which captured footage of Aragon walking to meet Lopez did not indicate that Aragon was injured in any way. 

During Wednesday’s preliminary hearing, Defense attorney Steve Burstein questioned whether Aragon ever had a gun, a cellphone or the money in the first place, but Second Judicial District Judge Karen Brody ruled that based on the original preliminary hearing, “Not only did the victim have a gun to sell to Diego Lopez, a cellphone on his person, we also have evidence that the defendant had money in his possession.”

Andrews previously testified that still photos from Lopez’ social media posts obtained by a search warrant showed him counting $600 in hundred dollar bills on the morning Aragon was murdered.

Lopez will be arraigned and a trial date set on Feb. 7.