Zackary Smith

Zackary Smith, a talented 31-year-old male musician, was building a life around his passion in Denver, Colorado. As the guitarist for the local band Autonomix, he was part of what a bandmate, Josh Nermon, called "nothing short of magic." Their "ethereal dancetronica" music was gaining traction, and they were having the time of their lives playing epic gigs. Nermon, who had moved to Colorado specifically to make music with Smith, believed they were on a path to playing at Red Rocks and recording several albums. Hours before his death, Smith was with Nermon, writing music.

In the pre-dawn hours of September 10, 2020, that dream was violently extinguished. Just before 4:00 a.m., while driving his SUV in an alley in Denver’s East Colfax neighborhood, Smith was struck in the head by a single bullet fired into the rear of his vehicle. His car rolled over and crashed. Police, alerted by a ShotSpotter detection, found Smith inside. He was rushed to a local hospital but died from his injuries later that day.

The investigation began immediately, but answers were slow to come. At the scene, officers found a spent 9mm cartridge casing. They also canvassed the neighborhood, which included knocking on the door of a nearby residence where Patrick Lee Apostol lived. Apostol answered the door wearing a black robe that, investigators would later discover, tested positive for gunshot residue. Despite this, the case went cold for more than three years, leaving Smith’s family, friends, and fans with unanswered questions. A reward for information was eventually increased to $20,000.

A breakthrough finally came in 2023 following a community tip. The investigation refocused on Apostol, and a motive emerged when investigators learned that Smith had been in a relationship with Apostol’s then-girlfriend. According to an arrest affidavit, Apostol had also deleted text messages from the time immediately following the shooting. In November 2023, police arrested Patrick Lee Apostol, then 45, in Lakewood. He was held for investigation of first-degree murder and tampering with evidence.

The case proceeded to trial, bringing the long investigation to a close. In June 2026, a Denver jury found Patrick Apostol guilty of second-degree murder and tampering with physical evidence. Three months later, in September 2026, District Judge Nikea Bland sentenced Apostol to 48 years in prison. After the conviction, Denver District Attorney John Walsh acknowledged the tragedy, stating, “The joy that Zackary brought to so many won’t be forgotten, and we hope that the severe sentence imposed today will give his many family members, friends and fans comfort knowing that justice and accountability have been served.”