At a preliminary hearing yesterday, defense attorneys argued that Kevin McGregor shot University of New Hampshire football player Todd Walker last month in what amounts to a tragic accident.
But prosecutors say McGregor killed Walker in a botched robbery attempt -- and then immediately afterward bought tacos and cigars.
Walker, an Edwards native, returned from New Hampshire to Colorado over spring break. After attending a raucous party on University Hill in Boulder, he walked home CU student Elizabeth Roach. Along the way, they encountered McGregor, who worked in a Boulder Which Wich sandwich shop, but police say he was not dressed for duty. Instead, he allegedly wore a distinctive hoodie -- his favorite -- and a bandanna over his face.
Roach told police McGregor ordered them to give him all their money -- a demand she regarded as a joke. "This is Boulder," she recalled telling him. "I'm not giving you my money." And then, she tugged down the bandanna, revealing McGregor's face.
Cops say McGregor reacted angrily, firing a shot in the air as Roach grabbed Walker's arm and tried to walk away. Instead, the two men engaged in a pushing match that ended with Walker being fatally shot in the chest.
And afterward? McGregor is said to have headed to a nearby Del Taco, ordered two steak tacos and hung out for a while, even chatting with other customers. He then headed to a late-night deli and market and bought some cigars before heading back to Which Wich and falling asleep on a pile of aprons after stashing the gun and a backpack containing extra ammo.
The next day, McGregor's fellow Which Wich employees recognized the hoodie McGregor wore from photos circulated by police, leading to his speedy arrest.
McGregor's attorney reportedly provided a different explanation during a preliminary hearing yesterday, based on an explanation McGregor provided to cops after the bust. McGregor, who's said to have made a habit of bringing his gun to bars, claimed to have been drunk that evening when he whistled at Roach. Walker reacted by taking some swings at him, prompting McGregor to fire the gun in the air. He then claims that in a struggle that followed, Walker essentially aimed the gun at his own chest, at which point the weapon fired -- and McGregor doesn't remember pulling the trigger.
How did a judge hearing this tale react? By declaring that there's enough evidence for McGregor to stand trial on felony murder and murder with deliberation, as well as attempted aggravated robbery and weapon possession by a previous offender. Turns out McGregor was on probation for a 2008 assault.
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Here's a larger look at his mug shot.