Four shot were bystanders

But another man who was wounded was a gunman who faces federal charges.

A deadly shootout Monday in downtown Denver was a battle between rival street gangs that have been battling for the past year over control of criminal activity, according to a federal court affidavit.

But the man who was killed and three people who were injured in the exchange of gunfire near 21st and Lawrence streets were innocent bystanders, said the affidavit filed Tuesday by a Bureau of Alcohol, Tobacco, Firearms and Explosives special agent.

A fourth victim injured in the exchange of gunfire in Denver’s Ballpark neighborhood was one of the shooters, who now faces federal gun charges.

Dashae Eugene Armstrong, 23, is facing up to 10 years in federal prison and a $250,000 fine on a felony possession of ammunition charge, according to a news release by U.S. Attorney Jason R. Dunn, ATF Denver Special Agent in Charge Debbie Livingston and FBI Denver Division Special Agent in Charge Dean Phillips.

Armstrong, who was shot in the leg, was taken into custody pending a detention hearing scheduled Nov. 27. Denver police also arrested Joshua Hayward, 24, for investigation of first-degree murder. Hayward is being held in the Downtown Detention Center.

At 4:04 p.m. Monday, multiple people called 911 to report that several people had been shot, the federal affidavit said. When Denver police arrived, they discovered five victims with gunshot wounds, including one who was deceased.

Witnesses said two men were shooting at each other. One of the shooters was described as a heavy-set black male, wearing a gray sweatshirt and black pants, the affidavit said.

A short time later, Denver Fire Department responders were with Armstrong in front of the Marquis Theater, and they noticed that he matched the description of one of the alleged shooters.

A nearby video surveillance camera recorded a suspect, who matched Armstrong, as he shot and moved around a parked car, the affidavit said. Witnesses told police that Armstrong had been with two other people who fled as police arrived, the affidavit said.

At the scene, detectives found two groups of shell casings. Five were Hornady 9mm bullet casings, which matched the gun Armstrong allegedly had. The other casings were 40-caliber, the affidavit said.

Armstrong is a Tre Deuce Crip gang member. Hayward was reportedly a rival Tre Tre Crip gang member, the affidavit said.

Informants have told police there is an internal conflict between different Crip gang sets over control of criminal activity and for retribution for prior violent acts, the affidavit said.