Colorado prosecutor showed off brake-shoe gift after helping convict 26-year-old trucker sentenced to 110 years for deadly crash

[TomC]

Sentenced Trucker's Ex-Boss Tied to Business With 'Defective Brakes'

The newer business has been linked to at least 23 violations, including "inoperative/defective brakes" and "brake connections with leaks or constrictions."

www.newsweek.com

Online federal transportation records show that the owner of Castellano 03 Trucking, LLC, is now tied to a new business, Volt Trucking LLC, which has a history of violations involving brakes and brake connections, 9NEWS reported.

Records show violations for "Brake connections with Constrictions Under Vehicle," "Brake Connections with Leaks - Connection to Power Unit," "Clamp or Roto type brake out-of-adjustment," and "No or defective brake warning device or pressure gauge," among others.

At the risk of going off into conspiracy theories,

It appears that the driver had really bad legal representation. So bad, maybe his sentence should be revisited.

Where was his employer while this was going on? Could they not afford a real lawyer? Or were they happy to have a scapegoat? Perhaps they preferred having him take up all the news, rather than the media focus on their hiring and maintenance policies.

I dunno.
Tom

 

[Loren Pechtel]

At the risk of going off into conspiracy theories,

It appears that the driver had really bad legal representation. So bad, maybe his sentence should be revisited.

Where was his employer while this was going on? Could they not afford a real lawyer? Or were they happy to have a scapegoat? Perhaps they preferred having him take up all the news, rather than the media focus on their hiring and maintenance policies.

I dunno.
Tom

Looks like it might have been a small outfit with minimal assets set up as a liability shield. Cheaper to abandon it and make a new one than defend the case.

 

[Gun Nut]

So, I am very familiar with this road.. I drive it often. I live within 20 miles of the accident.
There are a LOT of signs for truckers about cooling brakes, snow chain requirements, runaway truck ramps, technical information on the slope of the road.... This is not a regular part of interstate highway... this is the way you drive when coming out of the 14,000' Rocky Mountains onto the 5,000' high plains of Denver. It is called the Front Range, and for about 30 miles from Colorado Springs all the way to Denver, you never touch the gas pedal in your car. You could turn your car off and coast all the way home, theoretically.
If you are "driving" a runaway truck on this section of i70, it is impossible to miss a piece of safety information or ramp... impossible without an element of gross negligence.
There is even one sign that makes me chuckle every time I pass it.. He passed this very same sign..

View attachment 36510

CDOT Created Those Infamous ‘Truckers Don’t Be Fooled’ Signs After This Historic I-70 Crash

Similar to last week's deadly pileup, in August 1989 a semitrailer driver lost control on the steeply graded section of I-70 heading into Denver.

www.cpr.org

I've only done that road once but there's absolutely no doubt you're on a serious hill and they're serious about providing for runaway trucks.

The road doesn't go to anything like 14,000', though.

Get off i70 at Idaho Springs and then take a left on the road to Mt. Evans. It's the highest road in the contiguous US.. goes just past 14,000... but you're right.. i70 itself does not go quite that high at all.

 

[TomC]

Get off i70 at Idaho Springs and then take a left on the road to Mt. Evans. It's the highest road in the contiguous US.. goes just past 14,000... but you're right.. i70 itself does not go quite that high at all

Good Lord.

At that altitude, I'm not sure I'd trust my computerized fuel injection to recognize that as air.

Tom

 

[TV and credit cards]

Get off i70 at Idaho Springs and then take a left on the road to Mt. Evans. It's the highest road in the contiguous US.. goes just past 14,000... but you're right.. i70 itself does not go quite that high at all.

It's closed during winter. When's summer? August 12th?

 

[thebeave]

Well, that escalated quickly:

Truck driver's sentence lowered to 10 years after originally receiving 110 years for fatal crash

A truck driver who was sentenced to 110 years in prison for a fatal accident in Colorado has been resentenced to 10 years after an outcry from family and advocates.

Gov. Jared Polis announced the commutation of Rogel Aguilera-Mederos' sentence Thursday.

"I am writing to inform you that I am granting your application for a commutation," Polis wrote. "After learning about the highly atypical and unjust sentence in your case, I am commuting your sentence to 10 years and granting you parole eligibility on December 30, 2026."

Now it seems like they went too far the other way, IMHO.

 

[TomC]

Well, that escalated quickly:

Truck driver's sentence lowered to 10 years after originally receiving 110 years for fatal crash

A truck driver who was sentenced to 110 years in prison for a fatal accident in Colorado has been resentenced to 10 years after an outcry from family and advocates.

Gov. Jared Polis announced the commutation of Rogel Aguilera-Mederos' sentence Thursday.

"I am writing to inform you that I am granting your application for a commutation," Polis wrote. "After learning about the highly atypical and unjust sentence in your case, I am commuting your sentence to 10 years and granting you parole eligibility on December 30, 2026."

Now it seems like they went too far the other way, IMHO.

I don't have a problem with that sentence. It's what I suggested up thread.

But the way this has been done I find appalling. I had no idea that the Colorado governor could just change sentences like that. Why have "mandatory minimum sentencing" laws at all, if an email to the governor can overturn state law? Why bother having judges get involved with sentencing at all, if it's really a decision by the governor? Does everyone who thinks their sentence too harsh get attention from the governor? If not, where's the dividing line? Squeaky wheels? BIPOC?
What?
Tom

 

[thebeave]

Well, that escalated quickly:

Truck driver's sentence lowered to 10 years after originally receiving 110 years for fatal crash

A truck driver who was sentenced to 110 years in prison for a fatal accident in Colorado has been resentenced to 10 years after an outcry from family and advocates.

Gov. Jared Polis announced the commutation of Rogel Aguilera-Mederos' sentence Thursday.

"I am writing to inform you that I am granting your application for a commutation," Polis wrote. "After learning about the highly atypical and unjust sentence in your case, I am commuting your sentence to 10 years and granting you parole eligibility on December 30, 2026."

Now it seems like they went too far the other way, IMHO.

I don't have a problem with that sentence. It's what I suggested up thread.

But the way this has been done I find appalling. I had no idea that the Colorado governor could just change sentences like that. Why have "mandatory minimum sentencing" laws at all, if an email to the governor can overturn state law? Why bother having judges get involved with sentencing at all, if it's really a decision by the governor? Does everyone who thinks their sentence too harsh get attention from the governor? If not, where's the dividing line? Squeaky wheels? BIPOC?
What?
Tom

10 years seems a bit too light, given his extreme recklessness and the fact that four were killed, along with many others severely injured. I'd be good with 20 - 25 years. I'm with you regarding the Governor's actions. I wonder how many who complained directly to Polis even knew the details of the case?

 

[Derec]

10 years seems a bit too light, given his extreme recklessness and the fact that four were killed, along with many others severely injured. I'd be good with 20 - 25 years.

If it were only actually 10 years. He actually only has to serve five, which is a year per person he killed and another year for everybody he injured. Should have been 20 years, that way he'd actually have to serve 10.

I'm with you regarding the Governor's actions. I wonder how many who complained directly to Polis even knew the details of the case?

My guess would be, not too many. Most probably only know his name, that he was a trucker and that he initially got 110 years.

 

[Derec]

BIPOC?

 

[Loren Pechtel]

I've only done that road once but there's absolutely no doubt you're on a serious hill and they're serious about providing for runaway trucks.

The road doesn't go to anything like 14,000', though.

Get off i70 at Idaho Springs and then take a left on the road to Mt. Evans. It's the highest road in the contiguous US.. goes just past 14,000... but you're right.. i70 itself does not go quite that high at all.

I'm not surprised the 14,000' spot isn't too far from the I-70 (and I wish I had known about it when I was there--I certainly would have gone up.) The mountains around it are impressive. The highest road I've been on was 12,000'. Google says the I-70 peaks out at 11,158'.

 

[Gun Nut]

Get off i70 at Idaho Springs and then take a left on the road to Mt. Evans. It's the highest road in the contiguous US.. goes just past 14,000... but you're right.. i70 itself does not go quite that high at all.

It's closed during winter. When's summer? August 12th?

Memorial Day to Labor day... weather permitting... The road is closed when there are several dozen feet of snow... Think The Shining level of being snowed in... which was based on the Stanley Hotel in Estes Park, Colorado, incidentally.

 

[Gun Nut]

I've only done that road once but there's absolutely no doubt you're on a serious hill and they're serious about providing for runaway trucks.

The road doesn't go to anything like 14,000', though.

Get off i70 at Idaho Springs and then take a left on the road to Mt. Evans. It's the highest road in the contiguous US.. goes just past 14,000... but you're right.. i70 itself does not go quite that high at all.

I'm not surprised the 14,000' spot isn't too far from the I-70 (and I wish I had known about it when I was there--I certainly would have gone up.) The mountains around it are impressive. The highest road I've been on was 12,000'. Google says the I-70 peaks out at 11,158'.

There are more "14ers" in Colorado than anywhere else in the world (a 14er is a mountain that peeks over 14,000'). A lot of 14ers are accessible from I-70 (we don't use the "The" here, like they do in CA, by the way, where it would be "The Seven Oh"... here we speak like Americans - its "Eye Seventy"). So, if you are heading to a trail to hike up a mountain, you are taking i-70 for a while before getting on whichever mountain road that winds up and/or through where you need to go.

 

[Angry Floof]

I hope that didn't hurt the truck driver's feelings. People can be so reckless and uncaring.

I hope calling out this childish and insensitive (at best) behavior doesn't hurt the feelings of the lowest common denominators among us, who think the highest levels of power should be just as stunted and unaware as they are.

 

[Loren Pechtel]

There are more "14ers" in Colorado than anywhere else in the world (a 14er is a mountain that peeks over 14,000'). A lot of 14ers are accessible from I-70 (we don't use the "The" here, like they do in CA, by the way, where it would be "The Seven Oh"... here we speak like Americans - its "Eye Seventy"). So, if you are heading to a trail to hike up a mountain, you are taking i-70 for a while before getting on whichever mountain road that winds up and/or through where you need to go.

Huh? I would have thought the Himilayas would have more peaks over 14k. Doesn't 14er mean 14,000' to 14,999'? Someday I hope to bag some of the easier ones. (14k, fine--I've been to 18k and I do well with altitude. Class 3 is another matter, I'll only do the easiest stuff.)

 

[Angry Floof]

Well, that escalated quickly:

Truck driver's sentence lowered to 10 years after originally receiving 110 years for fatal crash

A truck driver who was sentenced to 110 years in prison for a fatal accident in Colorado has been resentenced to 10 years after an outcry from family and advocates.

Gov. Jared Polis announced the commutation of Rogel Aguilera-Mederos' sentence Thursday.

"I am writing to inform you that I am granting your application for a commutation," Polis wrote. "After learning about the highly atypical and unjust sentence in your case, I am commuting your sentence to 10 years and granting you parole eligibility on December 30, 2026."

Now it seems like they went too far the other way, IMHO.

I don't have a problem with that sentence. It's what I suggested up thread.

But the way this has been done I find appalling. I had no idea that the Colorado governor could just change sentences like that.

??? Every governor can issue pardons and commute sentences. How is it possible you didn't know this?

Why have "mandatory minimum sentencing" laws at all, if an email to the governor can overturn state law?

It's not "overturning state law." It's "commuting a sentence."

Why bother having judges get involved with sentencing at all, if it's really a decision by the governor?

Judgements are not decisions by governors. Commutations and pardons are decisions that governors can make, however.

Does everyone who thinks their sentence too harsh get attention from the governor?

Of course not. There must be millions of people in prisons all over the country who think their sentence too harsh but do not get attention from governors. THIS particular case was extreme and thought to be extreme by almost everyone involved and thought to be extreme by everyone else who heard about it.

And they all spoke out.

And the governor paid attention to that.

But not because it was just so many people emailing him.

It was because he obviously agreed it was extreme. In fact, he said it was a "tragic but unintentional act."

At the same time, he gave two other commutations, fifteen individual pardons, and an executive order granting 1,351 pardons for those convicted of possessing two ounces or less of marijuana.

If not, where's the dividing line? Squeaky wheels? BIPOC?
What?
Tom

Can you be more of a drama queen? None of that hyperbolic crap makes sense in light of actual events and facts here.