Following a four-day trial in April, a jury found Aaron Allen Fain, 40, guilty of three counts of attempted first-degree murder.
In the early evening of March 10, 2007, Fain had been drinking and fighting with his girlfriend, according to a statement from the Jeffco DA's office. He left their home in Lakewood about 9:30 p.m. and went to Café Prague. There, he continued drinking at the bar until the owner asked him to leave because of inappropriate conduct. Fain left the restaurant and went back to his home in Lakewood. Following another fight with his girlfriend, he pulled out a 9mm handgun, left their house about 11:45 p.m. and returned to Café Prague.
The café owner, who had been tending bar when Fain was there earlier, was standing on the patio with two friends. Fain approached them and asked if the restaurant was still open. He was told it was not. He went back to his car, got in and drove just a few feet before opening fire on the three men. He fired 10 rounds, shattering the front window. The three men dived to the ground when the barrage of gunfire began and were not physically injured.
Fain left downtown Morrison driving erratically, intending to go back to his Lakewood home. He had recently moved to the Denver area from Phoenix and wasn’t familiar with the area. He got lost and was traveling wrong way on U.S. 285. A Jefferson County deputy was on his way to the shooting call when he happened to see the white Land Rover driving erratically. He stopped Fain and arrested him.
During the course of his case, Fain posted bond and fled to Mexico. He was there for a month and a half before returning to Phoenix. He was arrested there and held without bond until his trial.
Fain testified at his trial that he had no memory of the events that occurred that night. However, there was testimony from a prosecution witness that after firing at the men, and before the trial, Fain had videotaped a statement to serve as a will. This witness, who had seen the video, testified that Fain admitted to the attack in the recorded will and said that “ ‘… he (the bartender) deserved it.’ ”