Truck driver's 110 year sentence reduced to 10 years

[move on]

https://www.insider.com/colorado-gov...-crash-2021-12

The Colorado governor just reduced the sentence of the truck driver involved in a crash that killed 4 people from 110 years in prison to 10 years.

[Lt Dan]

Thread Reminder

This topic got out of hand in a prior thread. Please keep posts on topic, free of politics and away from the shade tree lawyer discussions.

[timjet]

Was this an accident?
Was the driver licensed?
Was he under the influence?
Did he operate in a manner that would be consider gross negligence.

Did the trucks brakes fail and was the driver in anyway responsible for their failure?

I have not been following this but I did see some of the relatives of those that were killed agreed that the 110 year sentence was unfair.

One news source reported that he passed a truck brake failure ramp. That report did not mention if he was able to get to it.

I'm not making judgements but exactly what did they convict him of?

[Ljwt330]

Originally Posted by timjet

Was this an accident?
Was the driver licensed?
Was he under the influence?
Did he operate in a manner that would be consider gross negligence.

Did the trucks brakes fail and was the driver in anyway responsible for their failure?

I have not been following this but I did see some of the relatives of those that were killed agreed that the 110 year sentence was unfair.

One news source reported that he passed a truck brake failure ramp. That report did not mention if he was able to get to it.

I'm not making judgements but exactly what did they convict him of?

Well, better late than never I guess.


Go to this link and begin your reading. https://www.irv2.com/forums/f59/life...es-564516.html

[Ljwt330]

Originally Posted by move on

https://www.insider.com/colorado-gov...-crash-2021-12

The Colorado governor just reduced the sentence of the truck driver involved in a crash that killed 4 people from 110 years in prison to 10 years.

Just read about the commutation this morning.

Date has been set for resentencing and the prosecutor is going to try to strike a balance between the 10 years and what he feels is more appropriate which is 20+ years. The governor's action does not prevent a resentencing, it only "speeds up" the serving of the original 110 year sentencing. It will be that original 110 year sentence, that is now commuted to 10 years, that will be addressed in the courtroom on the sentencing date.

This commutation now puts the prosecutor is a slightly different position. Prior to the governor's action, the prosecutor was to argue that the sentence was too extreme and should be reduced. Now, he must argue that the sentence is too lenient and should be increased. The judge is back in the position of having discretion on the length of a sentence, making his decision between a 10 year maximum and whatever the prosecution argues is more appropriate. This will be interesting to follow.

[move on]

Originally Posted by Ljwt330

Just read about the commutation this morning.

Date has been set for resentencing and the prosecutor is going to try to strike a balance between the 10 years and what he feels is more appropriate which is 20+ years. The governor's action does not prevent a resentencing, it only "speeds up" the serving of the original 110 year sentencing. It will be that original 110 year sentence, that is now commuted to 10 years, that will be addressed in the courtroom on the sentencing date.

This commutation now puts the prosecutor is a slightly different position. Prior to the governor's action, the prosecutor was to argue that the sentence was too extreme and should be reduced. Now, he must argue that the sentence is too lenient and should be increased. The judge is back in the position of having discretion on the length of a sentence, making his decision between a 10 year maximum and whatever the prosecution argues is more appropriate. This will be interesting to follow.

I believe that the defense will argue for time already served, which is about 2 years. I also note that the governor's letter said he would be eligible for parole at the end of 2026. I think the governor's order will stand.

[CRV2]

Originally Posted by Ljwt330

Just read about the commutation this morning.

Date has been set for resentencing and the prosecutor is going to try to strike a balance between the 10 years and what he feels is more appropriate which is 20+ years. The governor's action does not prevent a resentencing, it only "speeds up" the serving of the original 110 year sentencing. It will be that original 110 year sentence, that is now commuted to 10 years, that will be addressed in the courtroom on the sentencing date.

This commutation now puts the prosecutor is a slightly different position. Prior to the governor's action, the prosecutor was to argue that the sentence was too extreme and should be reduced. Now, he must argue that the sentence is too lenient and should be increased. The judge is back in the position of having discretion on the length of a sentence, making his decision between a 10 year maximum and whatever the prosecution argues is more appropriate. This will be interesting to follow.

It is my understanding, that once a Governor commutes a sentence, then regardless of the Prosecutors past or current recommendations or even the Judge's recommendations, that the Governor's commutation is the higher authority. Same as with federal crimes with a Presidential commutation (or pardon).

Sad case all around. I hope that this case and this thread (and the previous thread that got closed down) will make us all consider more carefully whether going over the weight limits of a Tow Vehicle or with pulling a toad over the Motorhome's tow rating, or with towing a toad w/o brakes is a wise choice to make. My advice is to not exceed any limits of what we are RVing with and know how to use lower gears and if equipped engine brakes.

[Ljwt330]

Originally Posted by move on

I believe that the defense will argue for time already served, which is about 2 years. I also note that the governor's letter said he would be eligible for parole at the end of 2026. I think the governor's order will stand.

No doubt you are correct regarding the defense argument. However, as you point out, the governor's action not only reduces the sentence to 10 years, but allows parole in five years, for a minimum of 7 years which includes time served. I would think the prosecutor and many of the families will not be content with that short of a sentence.


Your opinion of the commutation standing is a valid opinion, but the sentencing hearing is where the formal arguments will be made and where the judge will make the determination. In my opinion, the judge, who presided over the trial and heard all the evidence of the driver's guilt, will not be satisfied that 7 years is appropriate.

[laj]

This is the 3rd crime of the event.

[Bobby F]

Originally Posted by Ljwt330

The defendant has not been formally sentenced as yet . . .

I think this part is incorrect. Sentence had been pronounced; he was up for a post-sentencing hearing to re-examine that sentence. Colorado law - the CO constitution - grants a general clemency power to the governor that overrides the power of the judiciary.

[Ljwt330]

Originally Posted by Bobby F

I think this part is incorrect. Sentence had been pronounced; he was up for a post-sentencing hearing to re-examine that sentence. Colorado law - the CO constitution - grants a general clemency power to the governor that overrides the power of the judiciary.

Yes, I agree with your assessment and have deleted my previous post.


Further reporting seems to indicate the prosecutors and families have been somewhat cut off at the knees by an action that happened before the re-examination was able to take place. That is the governor's prerogative, apparently, and the used it.

[Solo_RV_Guy]

Originally Posted by timjet

Was this an accident?
Was the driver licensed?
Was he under the influence?
Did he operate in a manner that would be consider gross negligence.

Did the trucks brakes fail and was the driver in anyway responsible for their failure?

I have not been following this but I did see some of the relatives of those that were killed agreed that the 110 year sentence was unfair.

One news source reported that he passed a truck brake failure ramp. That report did not mention if he was able to get to it.

I'm not making judgements but exactly what did they convict him of?

You're late to the party and kind of missed the topicality part of this thread, I think...

But, in order: Yes, No, Yes (convicted), Yes, Probably.

Truck ramp - did not appear he made a move to use it.

The convictions? 27, 4 of which were 2nd degree murder. Web search for hours of reading.

[ArtJoyce]

I think the orginal sentence was a bite much. Should he serve time? YES! More than 5 years.

[JohnBike]

Unfortunately, this thread has gone off the rails almost instantly. The uninformed opinions are exactly what the 2nd post warned against.

Worse, without using the “Ignore Thread” tool, I would be faced with this thread showing up front and center every day, possibly hitting the page count of the original story.