Kyle Boyd is breathing on his own, and his condition was upgraded from critical to serious two days after he was shot and wounded at Aurora Mall, authorities said Thursday.
The breathing tube that was inserted to keep Boyd alive was removed, said Beverly Husted-Petry, a spokeswoman for the Medical Center of Aurora.
Police say the shooting began during an argument Boyd was having with two men who were standing on the upper level of the mall near Sears.
Boyd, 23, and his companion, 19-year-old Krystal Martinez, were standing at the bottom of a staircase near Champs shoe store when the shots were fired, witnesses said.
Martinez tried to pull Boyd away from the argument when witnesses say at least six shots were fired. Martinez was shot in the head and died at the scene, police said. Boyd was also shot in the head.
Another shopper was grazed in the arm by the gunfire. She is recovering at home.
Christopher Joseph Taylor and Gregory Keith Holiday, both 20, were arrested outside J.C. Penney after a short chase with police.
An officer saw Taylor dump a 9mm handgun in the bushes while he was running away, according to an arrest affidavit filed in Arapahoe District Court.
Neither the pistol nor the magazine contained ammunition.
The affidavit says Holiday also tossed a gun just before he was handcuffed. A black and silver .380 semiautomatic pistol was recovered with two live rounds in the magazine and one in the chamber, the report says.
Taylor was charged with first-degree murder and is the suspected shooter in the case.
He has misdemeanor arrests on his criminal record, including traffic violations and marijuana possession.
Holiday was initially held on $2,000 bail for being a previous offender in possession of a handgun. His bond was upgraded Thursday to $5,000.
Holiday’s adult criminal record does not indicate any felonies; however, the affidavit shows he was convicted of felony criminal mischief as a juvenile and sentenced to 18 months with the Department of Youth Corrections.
After Tuesday’s arrests, Taylor was read his Miranda rights. He told police he wanted a lawyer before answering any questions, the record says. Holiday also was advised of his rights and said “nope” when detectives asked him if he wanted to talk about the shooting, according to the affidavit.
Both suspects were advised of the charges pending against them during a hearing in Arapahoe District Court on Thursday morning. They are scheduled to be formally charged by the district attorney during a court appearance Tuesday.
Staff writer Felisa Cardona can be reached at fcardona@denverpost.com or 303-820-1219.
