STATE OF COLORADO )

COUNTY OF WELD
) ss.

AFFIDAVIT

DR#84G24559
In support of a request for the issuance of a warrant for the arrest of, Rusty Gene Barnhart,
(hereinafter referred to as "Defendant"), the undersigned affiant, being first duly sworn upon
oath deposes and says:
That affiant has knowledge of the following facts from which there is probable cause to believe
that C.R.S. 18-3-302(3)(a) F2, hereafter described, was committed by the Defendant on or about
the 315' day of July, 1984, in the County of Weld, State of Colorado, to-wit:
Your affiant, Detective Robert Cash, is a police officer for the Greeley Police Department and
has gained the following information from reading the reports and speaking to fellow officers,
from reading the statements of the victim and witnesses and through personal investigation.
On July 31, 1984 Greeley Police Officers took the report of a rape that occurred in the city of
Greeley county of Weld and State of Colorado.
(123063) reported the
following.
reported to police on this date she was walking home after working a shift at the
Denny's restaurant at 2319 8th Avenue. Her shift at Denny's was over in the early morning hours
of July 31, 1984. She said it was a nice night and walking home at this time was not unusual for
her. At the time,
was living at 1315 11th Street in Greeley.
said as she approached the intersection of 8d' Avenue and 16th Street she saw two
males who were walking. She said they began jogging toward her. They were asking her to stop
and that they wanted to talk to her. In later interviews with your Affiant she thought the two
might have come from a laundry mat that was in that area.
said the males caught up to her and took hold of her. She said the two males forcibly
took her into the alley immediately north of a gas station that was on the corner of 8" Avenue
and 16'h Street (800 block alley between 15'1' and 16th Street).
said as one male held
her from behind the other male took a twig and threatened to shove it down her throat and kill
her if she didn't do as they said.
said they then took her to a secluded location in this alley where they forced her to
perform oral sex on them. They also forced her to have vaginal and anal sex with them.
said at one point, a car passed by and they stopped. After the car passed by the two
males again forcible took her from that spot and moved her about a half a block to the back
entrance of a building on the North West corner of 8'h Avenue and 15th Street (at the time this
building was the administration center for school district six). At this second location, and in a
secluded area, the males continued to force vaginal and anal sex on her.
said after the
assault the males left her and told her not to go anywhere. As they left she believes one of the
males took her Denny's name badge off her work blouse.
Moments after the males left the area
left and went to a friend's house that lived a
couple blocks away. Her friend would call the police to initiate the reporting process.

described the two males as Hispanic and that they spoke both in Spanish and English
during the assault. She said one suspect was around 5'7" tall with a heavy build. This male
seemed around 20 to 25 years old and had short black hair and possibly a mustache. She
described the second male as being 5' 10" and heavy set.
submitted to a sex assault exam where evidence of dirt was found in her vagina as
well as other abrasions. Additionally, medical personnel described possible sperm in her vagina
as well.
Your Affiant would continue follow up to this case in 2015. After victim
's sex assault
kit was sent in for DNA testing, two CODIS matches were discovered through the Colorado
Bureau of Investigations. The matches listed to: Inocencio Trevino (071367), and Rusty Gene
Barnhart (091359). Your Affiant researched Trevino and learned he was currently in custody at
the Department of Corrections. Similarly, Barnhart was located living in Brownfield, Texas
where he is a registered sex offender. Both Trevino's and Barnhart's FBI numbers match their
criminal histories. Additionally, both Trevino and Barnhart have history in Greeley, Colorado
dating back to the early 1980's.
Your Affiant spoke to Inocencio Trevino at the Sterling Correctional Facility. Trevino confirmed
he was living in Greeley in 1984 but denied any involvement in the rape and kidnap of victim
). Criminal history for Trevino further confirms he was living in
Greeley during the time period this incident occurred.
On February 10, 2016 your Affiant spoke to Rusty Barnhart by phone. Barnhart confirmed he
was living in Milliken, CO in the early 1980's. Barnhart said he lived with his mother at the time
as well as his younger brother Adam Barnhart.
Your Affiant discussed the allegations in the case with Barnhart and that his DNA was found in
the sex assault exam of the female after the incident. Barnhart initially denied any involvement.
Barnhart discussed his associates in 1984 in Greeley. He mentioned Junior Trevino and his
family as being among them (your Affiant knows Inocencio Trevino to use this nickname). He
went on to say he used to work in the onion fields with the Trevino family.
Later during this conversation, Barnhart would ultimately admit to being with Inocencio "Junior"
Trevino on one night back then and the two drinking (he believed they had been drinking at
Trevino's house that was near the college campus in Greeley). Barnhart remembered they ran out
of alcohol and the two of them going to get more. He thought they went to a 7 11 store to get it.
Barnhart also believed they went to a laundry mat after this. Barnhart said he remembered seeing
a girl walking outside and Trevino running after her. Barnhart said he ran after Trevino and
found he was with the female behind some building. Barnhart said they were having sex.
Barnhart said Trevino asked him if he wanted to be with the girl and that she wanted it. Barnhart
said he had sex with her.
Your Affiant believes the above facts to be true from official Greeley Police Department records,
conversations with Greeley Detectives, personal observations and interviews. Your Affiant is a
sworn police officer with the Greeley Police Department. Your Affiant has been trained at the
state and local levels with regard to cases related to crime against persons.

Defendant: Rusty Gene Barnhart

DOB: 091359
Height: 5' 9"
Weight: 220
Sex: male
Race: Wht
Hair:
Blk Eyes: Bro
DL:
TX
SSN:
Last Known Address: 413 W. Lake in Brownfield, TX 79316

Charges:
Count #1: C.R.S. Second Degree Kidnapping 18-3-302(3)(a) F2
Count #2: C.R.S.
Count #3: C.R.S.
Count #4: C.R.S.
The above-described events took place in Weld County, Colorado.
/S/ Robert Cash
Det. Robert Cash, AFFIANT
Subscribed and sworn to before me this

18th

day of Fcklruary 2ol 6.

TARY PUBLIC

Let a warrant be issued for Defendant's arrest; Bond set in the amount of S

DISTRICT JUDGE
AARON L. CARMICHAEL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134034350
MY COMMISSION EXPIRES JUNE 6, 2017

DATE