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Alleged Walmart shooter to be charged with murder Monday

He was arrested for investigation of three counts of murder with deliberation

Scott Ostrem, 47, center, enters a ...
David Zalubowski, Pool, The Associated Press
Scott Ostrem, 47, center, enters a hearing in Adams County court Friday, Nov. 3, 2017, in Brighton. Ostrem is being held for investigation of first-degree murder as the suspect in the killing of three shoppers inside a Thornton Walmart store Wednesday, Nov. 1, 2017.
Noelle Phillips of The Denver Post.
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Scott Ostrem, the man accused of gunning down three people inside a Walmart Supercenter in Thornton, will be charged Monday afternoon, but it is unknown exactly how many criminal charges he ultimately will face.

During a hearing Friday morning in Adams County District Court, district attorney Dave Young asked the judge to delay filing charges to allow his office and Thornton police time to figure out exactly what criminal counts to bring against the 47-year-old. Young’s request was denied by Judge Ted C. Tow.

The case is complex because there are hundreds of potential victims in addition to the three people who died after being shot in the store Wednesday evening. Investigators and prosecutors need to review all of the store video footage to determine who exactly was in the line of fire when Ostrem allegedly began randomly shooting a handgun in the store.

“There are going to be multiple counts,” Young said. “We want to make sure the charges are complete and proper to file with the court.”

Friday was Ostrem’s first appearance in court since he was apprehended around 8 a.m. Thursday morning while in rush hour traffic in Westminster, about 7 miles from the shooting scene. He was arrested on a warrant for three counts of first-degree murder and booked into the Adams County Detention Center. He is being held without bond.

In court, Ostrem wore a blue paper jumpsuit and sat between his defense attorneys while wearing handcuffs and shackles around his waist and ankles. He simply answered “yes” to the judge’s questions.

Three people related to shooting victim Carlos Moreno of Thornton sat on the front row during the hearing. They had carried a poster to the courthouse with his picture on it and the words “Justice for Carlos Moreno.” They declined to speak with the media.

Under Colorado law, police can only hold a person in custody for 72 hours without filing formal criminal charges. Young wanted more time so he could review more footage and interview more people.

But public defender Emily Fleischmann said Ostrem is entitled to have charges filed within the limit set by state law.

“An affidavit has been filed,” she said. “The facts are evident and the charges are evident.”

Tow told Young he would be allowed to file amended charges later.

Fleischmann also asked the court to order law enforcement to re-seize the Walmart crime scene so her investigators can get access to the store to look for any evidence that might help Ostrem’s case before the store re-opens.

“Walmart is not allowing access to the scene at all,” she said.

Young said law enforcement has completed its investigation of the crime scene and released the store back to the company. “We don’t have control over Walmart.”

But Tow said he had no authority over Walmart or the authority to retake the store. “Request is denied.”

No date has been set for the store’s re-opening, said Ragan Dickens, director of Walmart’s corporate communications. He declined to comment on whether or not the company would allow the defense team inside.

The shooting happened at 6:10 p.m. Wednesday, causing scores of customers and store employees to flee as shots rang out. Three — the 66-year-old Moreno; 52-year-old Pamela Marques, of Denver; and 26-year-old Victor Vasquez, of Denver.

No one else was injured by gunfire, although some people were taken to hospital to be treated with side effects of caused by the shock of the shooting, Thornton Police Department Victor Avila said.

No other details of the shooting were released on Friday. One big unknown is Ostrem’s motive in the shooting.

“There’s still no motive that’s been established,” Avila said.

Police arrived Wednesday night to a chaotic scene of people trying to get away from the store while others rushed to the shopping center to check on friends and family. Inside, shoppers were hiding in offices and stockrooms. And , making it hard for detectives to determine how many suspects were involved.

It took five hours for police to release pictures of the suspect and his car.

And police said the delay happened,in part, because there was so much security footage to review and, because multiple people pulled firearms, it was complicated to identify the actual suspect. They were forced to review footage repeatedly to track various people’s movement through the store, only to determine they were not suspects, police previously have said.

Ostrem had walked off his job without explanation on Wednesday morning. His boss said he was a good employee, but neighbors told The Denver Post that .

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