A prosecutor in the case against Rogel Aguilera-Mederos has asked the judge to “reconsider” the truck driver’s 110-year prison sentence over the fiery crash in 2019 that killed four people.
Colorado’s First Judicial District Attorney Alexis King, whose office led the state’s case against the 26-year-old driver, filed a motion on Friday asking the court to set a hearing to reconsider the lengthy sentence.
DA King cited the wishes of the victims’ family members as well as the court’s power to reconsider the state’s sentencing requirements when dealing with a case of “unusual and extenuating circumstances”.
Aguilera-Mederos, then aged 23, was driving an 18-wheeler semi-truck along Interstate 70 in Lakewood, near Denver, Colorado on 25 April 2019, for his job as a driver for a Texas-based trucking firm.
He said the truck’s brakes failed as he was driving down hill in rush hour traffic and he lost control of the vehicle.
The truck slammed into dozens of vehicles and caused a 28-vehicle crash. A gas tank ignited, sparking a fiery explosion which left four men dead.
In October, Aguilera-Mederos was found guilty of 27 charges including four counts of vehicular homicide, six counts of first-degree assault, 10 counts of attempt to commit assault in the first degree–extreme indifference, two counts of vehicular assault- reckless, one count of reckless driving, and four counts of careless driving causing death.
During his sentencing on 13 December, where he gave an emotional account of the accident and said he wished he could switch places with the victims, he was sentenced to 110 years in prison.
Judge A. Bruce Jones admitted he did not want to send the Cuban immigrant to life in prison but his hands were tied due to Colorado law. Under state law, charges are served consecutively rather than concurrently and so the 110 years was the minimum sentence possible on the 27 counts.
The prosecutor’s office has now also joined in the pleas for greater leniency with his prison term.
“As Colorado law required the imposition of the sentence in this case, the law also permits the Court to reconsider its sentence in an exceptional case involving unusual and extenuating circumstances,” reads the motion filed Friday.
“Now that the Defendant has been sentenced, the People again request the Court set a hearing as soon as practicable upon the receipt of the report.”
DA King wrote that her office was speaking with the victims’ families to get their input.
“Consistent with the People and the Court’s obligation under the Victim Rights Amendment, the People have begun conferring with the victims in this case to obtain and consider their input in advance of the Court’s hearing and notify them of the date determined by the Court,” it read.
“The People intend to file supplemental information prior to the hearing.”
This comes after a juror in the case spoke out to condemn the sentence, saying he “cried my eyes out” about it.
The DA’s motion marks a major turnaround from the prosecutor’s office which pursued 42 charges against the driver over the fatal accident. Jurors found him not guilty of 15 counts of criminal attempt to commit assault in the first degree.
The DA was also forced to admit its office acted in “poor taste” after the prosecutor in the case Kayla Wildeman boasted about the lengthy conviction on social media.
Ms Wildeman had posted a photo on Facebook of a trophy made from a semi-truck brake pad which had been made to celebrate her win in the case.
“Get yourself a trial partner as great as Trevor Moritzky. He turned a brake shoe from a semi-truck into a memento. What a special gift from truly a special person,” she wrote about her fellow prosecutor.
The post drew outrage and has since been deleted.
DA King said in a statement that the social media post “was in very poor taste and does not reflect the values” of her office.
She said she took “immediate action” as soon as she became aware of the post and has addressed the issue “internally”.
The brake pad used in the trophy was not evidence in the case, she added.
Kardashian slammed the prosecutor’s social media post calling it “sick” and “another shocking part of the case” as she joined in the crusade on Tuesday.
The reality star, who has recently taken the “baby bar” exam and has drawn attention to several injustices in the criminal justice system in recent years, posted a series of Instagram stories to her 271 million followers about the case.
She slammed mandatory minimum sentences which “take away judicial discretion and need to end” and called on Governor Jared Polis to “do the right thing” amid calls for clemency.
“He was not drunk or under the influence; his brakes on the tractor-trailer failed,” she wrote of the driver.
“Another shocking and unfair part of this case is that the judge didn’t want to sentence him to such a lengthy sentence.
“However, because of the mandatory minimums in Colorado, his hands were tied. Mandatory minimums take away judicial discretion and need to end.”
Kardashian’s public show of support sees her join swathes of people who have rallied behind Aguilera-Mederos since the sentencing.
Truckers have vowed to boycott driving through Colorado and posted videos on social media in solidarity with their fellow driver under the trending hashtag #NoTrucksToColorado.
A Change.org petition asking for Governor Polis to grant him clemency or for his sentence to be commuted as time served has reached more than 4.6 million signatures.
The governor’s office confirmed it has received a clemency request and is reviewing the sentence.