A measure of justice was achieved in August for the family and friends of a Wheat Ridge businessman shot and killed in a 2023 robbery.
On Aug. 6, a Jefferson County District Court jury found Charles Robinson Shay, 42, guilty of several counts — including first-degree murder — for the killing of Peter Damian Arguello during a robbery at his Wheat Ridge jewelry store.
A news release from the Jefferson County District Attorney’s office stated first-degree murder carries a mandatory sentence of life in prison without the possibility of parole. Shay is scheduled to be sentenced Sept. 10 at 2:30 p.m.
The robbery occurred Nov. 29, 2023, when two men entered Peter Damian Fine Jewelry & Antiques, 7220 W. 38th Ave., near 38th Avenue and Teller Street. Arguello, 64, was shot and killed during the incident.
Following a seven-day trial that began July 25, the jury started deliberations shortly before noon on Monday, Aug. 4. On Wednesday afternoon, Aug. 6, they returned guilty verdicts. Those included:
• Single counts of first-degree murder, second-degree murder, second-degree kidnapping, aggravated robbery, second-degree arson, tampering with physical evidence, second-degree burglary; and
• Two counts of second-degree motor vehicle theft.
The jury then began a second phase of the trial to consider additional evidence regarding Shay’s six prior felony convictions under Colorado’s habitual criminal law.
Prosecutors presented four additional witnesses, the jury deliberated for an hour on Thursday, Aug. 7, and found Shay guilty. They concluded the six prior convictions were “separate and distinct criminal episodes,” according to the release.
News media reports of his arrest stated Shay’s previous convictions were for drug possession, motor vehicle theft, vehicular eluding, identity theft and theft. He was also wanted on a California warrant for a stolen vehicle, according to an affidavit.
The habitual criminal finding means Shay qualifies for a sentence enhancement. However, the news release noted the court is required to conduct a proportionality review to determine whether the enhanced sentence would be constitutionally excessive under the Eighth Amendment to the U.S. Constitution.
The Legal Information Institute at Cornell Law School states the Eighth Amendment is often mentioned in connection to the death penalty, prohibits cruel and unusual punishments, and mentions “excessive fines” and bail.
Along with a mandatory sentence of life in prison without the possibility of parole for first-degree murder, Shay faces additional penalties for the remaining convictions and the habitual criminal sentence enhancer.
The Wheat Ridge Learning Academy, a business on West 38th near Arguello’s, posted on Facebook after Shay was found guilty.
“Security footage from our center, along with footage from several of our neighbors and the building owner, was used during the trial and played a key role in securing the conviction…. Justice is moving forward.”
A comment on the post from Val Hamilton said, “While I’m relieved to see justice served, my heart remains with the family — their pain is something no ruling can erase.”
A GoFundMe account for Arguello’s wife, Teresa Casillas, and their son, Diego Arguello Casillas, raised $28,740 toward a $50,000 goal, as of Aug. 22. More than 230 donations had been made.
Records, video detail tragic event
News reports stated an arrest affidavit for Shay said witnesses saw two people leave Arguello’s store on the day of the incident through the back door and get into a red pickup truck. Police later recovered that truck in Centennial. The affidavit stated it had been set on fire and was heavily damaged.
Two partially burned hats were found in the bed of the truck. Those hats matched those worBy the two people seen on surveillance video leaving the scene.
Surveillance video showed the robbery began when Arguello walked to the front door and let a man inside on the day of the murder. Once inside, the man appeared to look at items at the counter, then pulled a gun on Arguello and forced him to the rear of the store, according to news reports. The person was later identified as Shay.
A second man, later identified as Michael McCormack, 51, entered the back of the store.
Shay was arrested in connection with a Dec. 26, 2023, burglary at Arguello’s store, about a month after Arguello was killed. Shay told investigators he broke into the jewelry store because he heard about the homicide and saw it as a crime of opportunity, according to news reports.
Shay was eventually connected to Arguello’s murder through DNA evidence found on a pair of handcuffs recovered from the West 38th Avenue crime scene. Shay tried to put Arguello’s wrists in the cuffs, but Arguello resisted and was shot and killed.
Second suspect faces multiple charges
Wheat Ridge police announced McCormack’s arrest on May 2, 2024, in the Black Hawk area. In a news release, police stated an arrest warrant was issued for McCormack on March 7, 2024.
Along with the Jefferson County Sheriff’s Department, detectives located McCormack in the Black Hawk area. Officers with the Black Hawk police and sheriff’s departments were instrumental in taking McCormack safely into custody on the evening of May 1, the release stated.
The district attorney’s office charged McCormack — identified as Shay’s alleged accomplice — with second-degree murder, second-degree kidnapping, aggravated robbery, second-degree motor vehicle theft, and crime of violence sentence enhancers.
McCormack was scheduled for trial on Aug. 22.
