A Weld County man is facing a 24-year prison sentence in connection with the 2023 shooting death of a Cheyenne man.

According to the Weld County District Attorney's Office, the shooting happened on FEB. 4, 2023, when sheriff's deputies were call to a home in the 1200 Block of county road 94 in unincorporated Weld County. When they got there, they found 21-year-old Johnathan Hayes of Cheyenne with a bullet wound to his head which proved to be fatal.

Cell Phone Video Leads To Murder Charge

The DA's office says the suspect, 20-year-old Benjamin Mitich [above photo] was originally charged with manslaughter. But that charge was increased to second degree murder when investigators found a video on Mitich's cell phone that showed him loading his gun and racking the slide just before the 911 call. Because of the video, the DA's office increased the charge to second degree murder on December 27, 2023.

Mitich was convicted of the charges in a September jury trial.

Weld County District Court Judge Timothy Kerns on December 6 sentenced 20-year-old Benjamin Mitich to 24 years in the Colorado Department of Corrections.

The release from the District Attorney's Office quotes Deputy DA Lacy Wells as saying “This shooting was not just a tragedy; it was a senseless act of violence that took the life of Johnathan Hayes and shattered many people’s lives."

According to the release, “He was a beautiful human being,” Autumn Petty, the victim’s mother, said during the sentencing hearing Friday. “His smile and laugh were literally the two best things in the world. He truly loved everybody. He was amazing and the world is dimmer without him in it.”

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