Arrest Made in Cold Case Killing of Guitarist Zackary Smith

An arrest has been made in the cold case murder of Denver-based guitarist Zackary Smith. Three years after the musician was found fatally shot inside of a crashed Subaru Crosstrek, the Denver Police Department confirmed on Friday, Nov. 17 that Patrick Lee Apostol, 45, was arrested in connection to the homicide. Apostol is being held for investigation of first-degree murder and tampering with evidence.

Smith, a guitar player and member of the local four-piece band Autonomix, was found fatally shot on Sept. 10, 2020. Police responding to a report of shots fired via a ShotSpotter device just before 4 a.m. local time discovered a crashed Subaru Crosstrek, which had rolled over in the Quebec Street and Quince Street alley, according to Apostol's arrest warrant, per ABC 7. Inside the vehicle, authorities located Smith behind the wheel. According to the affidavit, Smith was unconscious and unresponsive and had been shot in the head. The affidavit says police saw a single bullet hole in the vehicle's rear hatch-back door, according to 9 News. Smith was transported to a hospital, where he later died from his injuries.

At the scene of the crime, police recovered one spent 9mm cartridge casing. Amid their investigation, officers also spoke to people who lived in the area, including Apostol, who answered the door of a nearby residence that had two Ring surveillance systems, one of which faced the alley where Smith was found. The affidavit said Apostol told police the Ring video surveillance did not work, though officers later determined that Apostol's alley-facing Ring camera recorded nine videos from the morning of the shooting, all between 3:48 a.m. and 6:25 a.m. However, four videos from before and after the time of the shooting were deleted.

Authorities ultimately obtained a search warrant for Apostol's home, where they found an empty Canik gun case that contained paperwork for a "whiteout" 9mm handgun. Investigators confirmed Apostol purchased the missing 9mm Canik gun about six months before the shooting, but the weapon was never found. Authorities also took the clothes Apostol had been wearing when they contacted him the morning of the shooting. The black robe he wore tested positive for gunshot residue, according to the document.

According to the affidavit, Smith had a "connection" with someone who lived with Apostol. In the fall, cell phone records for Smith, Apostol, and an unknown person were re-analyzed with new technology, though details of those records were redacted.

Apostol was taken into police custody on Friday in Lakewood. He is currently being held for investigation of first-degree murder and tampering with evidence. In the release, the police department thanked its homicide investigators and a tip from the community, which they said led to Apostol's arrest.