AURORA | A man accused of running over and killing his brother in southeast Aurora last month has been formally charged with first-degree murder, according to the 18th Judicial District Attorney’s Office.
Lee Fabricius, 50, faces five felony charges: murder after deliberation, murder with extreme indifference, vehicular homicide while driving under the influence of alcohol, vehicular homicide with reckless driving, and assault, the local DA’s office announced Tuesday.
Fabricius is accused of purposefully striking and killing his brother, 60-year-old Dale Fabricius, while driving a Chevrolet truck shortly after 10 p.m. on Sept. 24 in the 22700 block of East Heritage Parkway, according to court documents.
After fatally striking Dale on a sidewalk, investigators believe Lee’s truck hit several small trees, a park bench and a fence, according to an arrest affidavit filed against Lee.
Dale was “obviously deceased” when police found him in a yard near the crash scene. His body was “almost cut in half,” according to the affidavit.
Investigators determined Lee Fabricius’ tire tracks “show(ed) no swerving, meaning the path of the vehicle was mostly straight forward from the moment it left the roadway … no obvious evasive measures were observed at the scene, meaning the driver did not try to correct the vehicle, nor steer to avoid hitting Dale,” according to the affidavit.
Lee was driving approximately 76 miles per hour while almost fully pressing the accelerator pedal at the time of the collision, according to preliminary data obtained from the truck.
In interviews with police after the crash, Lee repeatedly said he’d consumed two beers earlier in the evening. However, multiple officers noted “a strong odor of an unknown alcoholic beverage coming from Lee, his eyes were red/glossy, speech was slow and heavy tongued,” according to the affidavit.
Dale had texted Lee moments before the crash imploring him to curb his alcohol use.
“Blaming me for not loving you so that you can drink is not doing anyone any good,” Dale wrote. “If you insist that I don’t love you, then get on with the beautiful person you are off of alcohol.”
A longtime friend of Lee’s texted Dale the day before the crash, saying the younger Fabricius was “threatening suicide,” according to the affidavit.
Dale said his brother was “stressed over dad’s failing health and is also financially stressed from very slow home sales,” according to text messages obtained by police.
The Fabricius’ were co-conservators of their father’s Aurora estate, their sister later told police.
The same sister told investigators “she feared for the safety of their family if Lee was released,” according to the affidavit.
Lee was placed into custody at a hospital shortly after the crash and booked into the Aurora Municipal Jail three days later, according to information released by the Aurora Police Department.
Fabricius is currently being held without bond at the Arapahoe County jail, according to county records. He’s due to appear in court for a preliminary hearing at 8:30 a.m. on Oct. 15.