//UPDATED – Probable cause exists: 3AM drive-by shooting case transferred to Superior Court
Wick Tres mugshot

UPDATED – Probable cause exists: 3AM drive-by shooting case transferred to Superior Court

By Terri Jo Neff

Tres Tyler Roy Wick, 18, of Sierra Vista, AZ. Photo from Cochise County Sheriff arrest/booking reports
Tres Tyler Roy Wick, 18, of Sierra Vista, AZ. Photo from Cochise County Sheriff arrest/booking reports

18 year old Tres Wick faces 24 felonies including attempted first degree murder 

two witnesses granted limited immunity, ordered to testify

  • EDITOR’S NOTE: This story updated Tuesday 20 Jun 2017 with significant additional detail derived from police documents [see below] obtained almost two weeks after the preliminary hearing and this story’s first publication, Monday 19 Jun 2017.

SIERRA VISTA, AZ – Justice of the Peace pro tem Leslie Sansone held a preliminary hearing on June 6 and 7 to determine if probable cause existed to support the 27 felony counts filed against Tres Tyler Roy Wick, charged in a May 18 drive-by shooting of a Sierra Vista apartment building and a May 12 incident of discharging a firearm near another residence.

Wick was originally arrested for three counts of attempted first degree murder but an amended complaint filed by the Cochise County Attorney’s Office on May 19 dropped it to only one such count. The other charges against Wick, age 18, included assault with a deadly weapon, drive-by shooting, disorderly conduct with a weapon, endangerment, and burglary. A handgun was seized during his arrest.

At the conclusion of the preliminary hearing, Sansone referred the case against Wick to Superior Court for trial but not until she dropped three of the counts and amended two other charges. But the two day proceeding highlighted discrepancies in the police theory and witness statements of what happened during the two incidents, the most serious of which occurred May 18.

One bullet evidently struck Apt 722 just left of the front door and passed completely through the apartment. Photo by DMM/CCR

According to police accounts, Wick allegedly drove or was driven in a friend’s white SUV to the Las Brisas Apartment complex – one block from the Sierra Vista Police Dept. – around 3:00am on May 18.  A handful of people were congregated near the second floor steps of one of the buildings, including Kalijah Puro, the former boyfriend of Wick’s girlfriend Kaylee Hodges. Puro and Hodges are the parents of an infant daughter.

Some witnesses testified they heard several shots moments after the white vehicle appeared. Others did not see the vehicle but heard the gunfire. One witness testified she was inside an apartment when a bullet “went straight through” leaving dry wall damage in its path. Photos taken by Sierra Vista detectives after the shooting show at least five bullet holes spread across one side of the building.

Logan Reed, a resident of the apartment complex and friend of Puro, was subpoenaed and ordered to testify under a use immunity agreement which prevented his testimony from being used against him in a criminal proceeding. Puro was also granted testimonial immunity and ordered to testify. 

Other sworn testimony by some witnesses included a chorus of “I don’t know” and “I’m not sure” and “I wasn’t looking” during questioning by Doyle Johnstun, the chief criminal deputy county attorney. The experienced prosecutor strived on several occasions to get witnesses to be more specific with their recollections of the two shooting incidents, often with little result.

Once Johnstun completed his presentation, defense attorney Joel Borowiec questioned the police version of what happened at Las Brisas on May 18. Borowiec contended the photos indicate “the bullets didn’t seem to be directed in one area” and there was no direct evidence presented that Wick was the shooter, let alone that he “knowingly shot at any person.”

The defense attorney also argued “there’s been no showing” in support of an attempted murder charge, or evidence that anyone “intended to kill someone” compared to someone “acting recklessly” in discharging a gun.

Judge drops some charges, allows others to be amended

Judge Sansone then went through each of the 27 counts contained in the complaint against Wick. There was much discussion about the sole count of attempted first degree murder, with the judge noting the “conflicting testimony” put forth to support that charge, which requires premeditation.

However, Sansone ruled the count would move forward to Superior Court, explaining the purpose of a preliminary hearing is to determine whether probable cause exists, not whether there is sufficient evidence for a conviction. “That is for the jury to decide,” Sansone said.

 IMAGE from criminal case file, Clerk of Superior Court for Cochise County.
Witnesses Logan Reed and Kalijah Puro were ordered to testify, under penalty of jail if they refused, after they were granted immunity from prosecution based on any truthful testimony provided. IMAGE from criminal case file, Clerk of Superior Court for Cochise County.

On a count of assault with a deadly weapon, Sansone and the attorneys debated whether the alleged victim Kalijah Puro was “afraid” as required by the statute. Puro testified he was not fearful during the incident, but prosecutor Johnstun argued the judge “could disbelieve” that testimony if she believed Puro was influenced by the fact his friends were in the courtroom. In the end, that charge was amended to an attempted assault.

There were three counts, including two class 2 felonies, for which Sansone found no probable cause was presented. She also noted that a charge of disorderly conduct with a weapon named two alleged victims but the evidence supported only one victim. Sansone allowed the count to move forward after deleting reference to the second victim.

Wick will be arraigned at the Cochise County Superior Court in Bisbee on June 19. Deputy county attorney Lori Zucco is assigned as the prosecutor and Andrew Haldorson of the Sierra Vista Police Dept. is the case detective. Wick remains at the Cochise County jail in lieu of $300,000 bail.

Infant’s care provokes May 12 altercation, gunshot

Police accounts of the May 18 shooting tie the incident to an altercation between many of the same people on May 12 at a residence on North 5th Street on Sierra Vista’s west side. According to witness testimony, Kaylee Hodges dropped off her infant daughter at a friend’s residence shortly after 9:00pm on May 12. When Hodges did not return within an hour to get the baby, someone called Puro, the infant’s father.

Sometime before midnight, Hodges and Wick arrived at the babysitter’s home in a car along with two other men. Puro arrived at the residence at the same time with some friends, one of whom was Logan Reed. After Hodges went into the residence, Wick and Puro began arguing while Reed and Wick’s friend got into a physical altercation.

The conflicts ended when someone -allegedly Wick- fired one shot into the air. Reed testified he was too busy fighting to notice who fired. Other testimony indicated Wick was standing next to the car with a gun.

Wick and his friend immediately left the scene in the car. Puro departed also. Reed testified he then went into the house to check on the babysitter, who he described as his girlfriend, and was present when officers responded.

Hodges arranged for a ride home for her and the baby with a mother of a friend. According to Hodges’ testimony, she and Wick never discussed his argument with Puro or whether Wick fired a gun, even during an hours-long trip to Phoenix a few days later. 

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Related police documents obtained after initial publication of this story:

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Contact reporter Terri Jo Neff at 520-508-3660 or cjw_media@yahoo.com

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EDITOR’S NOTE:  Tres Wick is the son of Joy Fleming and Horace “BJ” Wick, whose father Robert and uncle Walter owned and operated Wick Newspaper Group for decades with their father Milton. Tres Wick’s uncle is Francis Wick, the past-publisher of the Sierra Vista Herald and current CEO of what is now called Wick Communications. The company owns more than 20 community newspapers in a dozen states and has its corporate offices in Sierra Vista.