DA declines to charge Denver parks employee in shooting; yet police investigation is ongoing

DENVER - The Denver District Attorney's Office has declined to file charges against a city parks employee whom police arrested in connection with a shooting where a man was hit six times.

However, district attorney spokesman Lynn Kimbrough said Wednesday that the Denver police investigation into the shooting is ongoing.

Police arrested Damion Baca, 33, during a traffic stop Monday on an attempted murder warrant. The Denver jail website showed Baca had been released by Wednesday afternoon.

- Man shot six times in gang attack -

According to an arrest affidavit, police consider Baca a suspect in a drive-by shooting that wounded a 24-year-old man in the alley behind the 3500 block of Vine Street on the night of Dec 21, 2013.

Witnesses say a four-door sedan traveling down the alley stopped as the man was standing with his wife behind their home.

A man in the front passenger seat said, "What's up, Eastside Oldies," before firing about 10 shots, the affidavit said. The victim was hit six times, but survived. The man's wife and another female relative escaped injury.

The victim said the gunman declared he was an Eastside Oldies 13 gang member before opening fire. The victim believed he was targeted because he was a former member of a rival gang, the affidavit said.

Denver police say Baca is an admitted member of the East Oldies 13 gang.

The victim, however, was unable to pick Baca out of a photo lineup, the affidavit said.

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