Posted on 02/23/2010 6:43:41 PM PST by beaversmom
CENTENNIAL — Arapahoe County jurors today returned guilty verdicts in 18 criminal charges against Francis Hernandez, the man accused of causing a car accident that killed three people in 2008.
Hernandez was charged with 19 criminal counts, including vehicular homicide, leaving the scene of an accident involving death, and child abuse resulting in death related to the deadly crash at an Aurora Baskin-Robbins shop.
After the verdict, Arapahoe County District Court Judge John Wheeler found Hernandez guilty of the 19th charge, driving while under restraint, in a trial before the court.
Hernandez faces more than 100 years in prison if Wheeler sentences him to consecutive terms on April 5.
"This guy is guilty. This guy is a baby killer," said Marat Kudlis, father of 3-year-old Marten Kudlis, who was killed in the crash. "He should be where he is."
The verdict was read just after 10:30 a.m. Jurors received the case at about 2:30 p.m. Monday and deliberated for less than four hours.
After the verdict, jurors leaving the courthouse declined to comment. Defense attorneys also left the courtroom without talking to the media, but an appeal can be expected.
Almost a dozen Arapahoe County sheriff's deputies were in the courtroom for the verdict, as were Hernandez's mother-in-law Rosa Avelar, and his two daughters, Natalie, 2, and Destiny, 4.
"He was at fault, but it wasn't all his fault," Avelar said, referring to reports that the driver of the truck Hernandez hit with his Chevy Suburban was high on methamphetamines and crossed a double-yellow line as she made a left turn to enter a strip mall on South Havana Street on Sept. 4, 2008.
Prosecutors say Hernandez was driving between 70 and 80 mph on Havana when he hit the small pickup driven by Patricia Guntharp, who was turning left into a strip mall.
Her pick-up careened into a Baskin-Robbins store, killing Guntharp, 49, and her passenger, Debra Serecky, 51. Marten Kudlis was in the ice cream shop with his mother.
"Justice has served the families of the victims in this case," prosecutor Karen Pearson said. "His behavior was extremely reckless and a jury that was the case."
Throughout the trial, defense attorneys attempted to plant reasonable doubt by focusing on mistakes made by Aurora traffic investigators. Defense attorney Chris Baumann said the jury could not trust the word of lead traffic detective Johnny Lee, a "golden boy" with little investigative experience who was on the police department fast track.
Lee testified last week that he provided "inaccurate evidence" to the court. Specifically, he said he accidentally deleted the original arrest Francis Hernandez' mother-in-law, Rosa Avelar, holds Hernandez' two daughters: Natlie, age 2, and Destiny 4. (John Prieto | The Denver Post) affidavit then re-entered it. But he failed to include that one witness said he saw two people inside Hernandez's Chevy Suburban after the accident.
The defense is saying that Hernandez's cousin, who was shot and killed last year, was also inside the Suburban and could have been the driver. Prosecutors say Hernandez was the driver and lone occupant.
"Everything was viewed from a distorted prism," Baumann said. "Detective Lee is your filter in this case and how can you trust him?"
Baumann said police never considered the possibility of another driver and never tried to interview Hernandez's cousin, Christian Hernandez, before he died. They never searched Francis Hernandez's vehicle for other DNA. Francis Hernandez's blood was found on the driver's side air bag.
In a written statement, the Aurora Police Department said it is conducting an internal review into the actions of Lee and the overall investigation.
Hernandez moved here with his parents from Guatemala when he was a boy and was in this country illegally. He had been arrested for numerous traffic offenses and other violations, but authorities failed to deport him.
The Kudlis has filed a civil lawsuit against Hernandez, the Guntharp family and the agencies that let Hernandez slip through the cracks.
Guntharp had high levels of methamphetamine in her system when Hernandez crashed into her pickup, medical investigators said.
ping
“He had been arrested for numerous traffic offenses and other violations, but authorities failed to deport him.”
Well, there you go. And now, no doubt, he’ll remain our ‘guest’ at taxpayer expense for the rest of his natural days.
What a terrific system we’ve got here, Eh? *SPIT*
Change the law to make it automatic execution within 24 hours for any illegal alien convicted of any felony!
I could live with that.
Change the law to make it automatic execution within 24 hours for any illegal alien
i’d prefer a bounty like we used to have on mountain lions , $90 for a male and $110 for a female.
That was in the 50s so it should be at least $1,000 for a male illegal and $1,500 for an illegal female.
More for the females since they can reproduce!!!
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A loogie is all I can come up with too.
Our govt refuses to protect us from things that really are a danger in lieu of protecting us from things like trans fats.
Ditto!
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