Aguilera-Mederos was convicted of 27 of 41 charges in October; on December 13, the judge handed down the sentence — and protests started almost immediately. During the trial, the Houston-based driver — an immigrant from Cuba — had said that his brakes had failed. Where was any accountability for the trucking company?
Then came reports that one of the prosecutors in the case had given a brake-shoe trophy to a colleague. “It is not a piece of evidence from the case. The post was in very poor taste and does not reflect the values of my administration. We have addressed it internally,” responded Alexis King, district attorney for the First Judicial District. King’s predecessor, Peter Weir, was in charge of the office when charges were originally filed against Aguilera-Medero.
And now King has gone further than that: The Colorado First Judicial District Attorney’s Office announced on December 23 that it will ask the court to reduce the 110-year sentence to twenty to thirty years at an upcoming sentence reconsideration. Here’s King’s statement:
Based on the facts of this case and input from the victims and their families, my office will be asking the court to consider a sentencing range of 20-30 years when the Court is prepared to address resentencing. As the jury found, Mr. Aguilera-Mederos knowingly made multiple active choices that resulted in the death of four people, serious injuries to others, and mass destruction. This sentencing range reflects an appropriate outcome for that conduct, which was not an accident. Given that the victims in this case have more than one view of an appropriate outcome, and this trial court heard the evidence presented, we believe that this hearing is the best path to securing justice for everyone involved.
Our team has connected with defense counsel and will continue to do so as both parties prepare for this resentencing opportunity. We have also been working with the Governor’s Office to ensure that the victims and their loved ones are heard both in this process and the pending clemency application with the Governor. We are grateful for the coordination with the Governor’s office and thank the Department of Corrections for expediting the required evaluation report for resentencing.
As I have in the past, I continue to support the efforts of the Governor’s Sentencing Reform Task Force. Criminal justice reform, including sentencing reform, is a priority of my administration for safer and healthier communities for all. I have been in discussions with the co-chair of the task force and have encouraged him to continue their efforts to address felony sentencing reform in Colorado.
At 11 a.m. on Monday, December 27, the First Judicial District Court will hold a hearing to address the DA’s request to reconsider the sentence of Rogel Aguilera-Mederos. In the meantime, in their comments on the Westword Facebook posts of our coverage of the case, readers continue to weigh in on the sentence. Says Jane:
Good move by the DA. Considering other crimes that go unpunished, 110 years for Rogel Aguilera-Mederos is very unfair and the sentence should be reduced. Colorado can do better.
Responds Bret:
Who is saying he deserves zero months of prison, post conviction? Sure, 110 years is harsh, and be reconsidered but lives were lost due to his recklessness.
Notes Adrienne:
His fucking brakes failed. It wasn’t his fault. Colorado has archaic, overly harsh mandatory minimum sentencing laws. The judge even said that he didn’t deserve such a harsh punishment, but that his hands were tied by the laws. So instead of doing the humane thing and dismissing the case, allowing this survivor of a horrible accident to go free, the judge did the cruel thing and locked him up for an unbelievably long time when he knew it was too harsh. He should get time served.
Counters Tamara:
Negligent driver burned out his brakes, going to fast for conditions, bypassed runaway truck ramps and who took other lives and injured many more. No clemency! He needs to serve time just like others whose negligence causes loss of life.
Keith replies:
He should not have been given a sentence like this. If anything, the trucking company that hired this man and sent him up to Colorado to drive some of the hardest roads for truckers to drive should be held accountable. Also, if you know you can’t read English or speak it, you shouldn’t be driving trucks as you need to read signs and also do paperwork that are in English. 110 years definitely not more — like five get out in two.
Now the trucking company with all its violations shouldn’t be open any more.
What do you think is a fair sentence for Rogel Aguilero-Mederos? What do you think Governor Polis should do? The judge at the December 27 hearing? Post a comment or share your thoughts at [email protected]
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