A witness described the relationship between Richard Fay and the girlfriend of the man accused of fatally shooting him as “touchy, feely” during court testimony Thursday.
Megan Hamilton and her then-boyfriend, Daniel Winn, had met Fay just four or five months before the Sept. 28, 2019, shooting.
“I met Richard at Rocky Mountain Behavioral Health,” she said. “I was coming out of therapy, and he had come up to me and told me I was the most beautiful woman he had ever seen in his entire life and then he got in his truck and left.”
She met Fay again when she and Winn picked him up at his parents’ RV in Westcliffe.
They had become friends, and while they had used methamphetamines, she had never seen Fay use needles.
On the evening of Sept. 27, 2019, Hamilton and Winn went to Fay’s parents’ new home on Spruce Court, where Fay had been staying, to hang out with Fay and “to get high.”
When they arrived, Luciano Polgorzelski, who is charged with the shooting death of Fay, and his girlfriend, Madison Blackburn, also were at the house.
“The house was dirty,” Hamilton said. “The floors were muddy, there were pizza boxes everywhere and the kitchen was disarrayed. … Nothing was in order.”
The five adults hung out in the garage, with Winn in the passenger seat of Hamilton’s car and Hamilton and Blackburn sharing the driver’s seat. Fay was standing near the passenger door and Pogorzelski was at Blackburn’s car, which was parked next to Hamilton’s car in the garage.
“(We were) getting high on air duster and meth,” Hamilton said. “Luciano didn’t smoke as much as the rest of us did. It was mostly just Richard, Madison, me and Daniel. … (Luciano) only hit the bong like three times, he was not engaged in it.”
She said Fay had given Pogorzelski a Suboxone earlier, and he wasn’t feeling well because of it.
“I didn’t like him,” she said of Pogorzelski. “I got a bad feeling from him.”
Prosecutor: Luciano Pogorzelski shot Richard Fay ‘to bleed and die alone’
She said she saw bruises on Blackburn’s upper arms, and she witnessed Pogorzelski grabbing her to pull her out of Hamilton’s car because he didn’t want her doing air duster with the others.
She said Winn didn’t like Pogorzelski, either.
“Dan said that he wanted to kill Luciano,” Hamilton said. “Luciano was in the garage, but he didn’t say it loud enough for Luciano to hear. Richard and I looked at each other, and we were like, no, we don’t have to like the dude, but killing is not an option. We were not on board with that at all.”
She described the interaction that night with Fay and Blackburn as flirtatious.
“They were very touchy, feely; when they walked past each other they brushed hands,” Hamilton said. “They weren’t as touchy when Luciano was around or in the room, but they sat next to each other in front of Luciano.”
She said she never noticed Fay or Winn try to separate Blackburn from Luciano. She said Fay was not upset that night, in fact, he was in a good mood.
Hamilton said Pogorzelski was insistent on leaving, and while she did not say that he couldn’t leave, she did tell Pogorzelski and Blackburn that they should help clean the house first.
“I told him, ‘I can’t keep you here, but I think it’s really disrespectful if you guys leave with the house trashed like this,'” she said.
Hamilton and Blackburn began to clean up, but Pogorzelski wasn’t happy about it, she said.
“He was mean about it and like really stuck up about it like he didn’t have to do it, like it was a woman’s job,” Hamilton said.
Pogorzelski and Blackburn left soon after, and Hamilton and Winn left the next morning.
Fay called Hamilton around 6 or 7 p.m. Sept. 28, asking her to bring over more meth, Hamilton said, but she and Winn never made it back over to his house.
Pogorzelski and Blackburn returned to Fay’s home to pick up their laundry the morning of Sept. 28, but they found that it was still wet in the washing machine. They said they would return for the clothes after they get something to eat while their clothes dry and while Fay was gold-panning in the kitchen sink.
“Mr. Pogorzelski on the way out the door says, ‘Good luck with the gold,’ and they leave,” defense attorney Jeff Barker said during trial Wednesday.
As they are leaving the house, Fay runs out to Pogorzelski and asks, “Was that sarcasm?”
“Before Mr. Pogorzelski can say anything, Mr. Fay starts punching him in the face,” Barker said. “The doors of the car open, Mr. Pogorzelski is between the far door and the seat, he gets punched, he falls back into the car, his gun is in the car, and he grabs it. He tells Mr. Fay, ‘Stop right there.’”
Believing Fay is reaching for something, potentially an infected needle, Pogorzelski fires one shot, just enough to stop the threat, Barker said.
Hamilton was informed of Fay’s death by law enforcement Sept. 29.
“It felt like I got punched in the stomach, and I couldn’t breathe,” she said. “I actually had to sit down.”
When asked why some of Hamiton’s testimony that was shared Thursday wasn’t included in her prior interviews with law enforcement, Hamilton said it’s because she’s sober after having been in custody for three weeks on drug charges.
Barker also asked why she was willing to testify in this case after he denied her request for an offer or a deal in her case.
“I believe that telling Richard Fay’s story is important and he deserves justice,” she said.
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