Obviously, 110 years for an accident is a lot of time- it’s life in prison, even where four people died, the crash was due to an accident. The driver’s brakes failed, but the prosecutor was able to convict him on 27 counts for the actions he took after the mechanical issues arose. At one point, it was argued that he should have slammed into another truck, essentially committing suicide, as opposed to attempting the evasive maneuvers that resulted in the crash. The judge ultimately suggested that he would not have sentenced Rogel Aguilera-Mederos, 23, so harshly if he had not been required to do so by law.
This article indicates the most serious charges were the four counts of vehicular manslaughter for the people who passed away, but due to the violent crimes mandatory sentencing strictures, Colorado required harsher sentences on the assault charges than the manslaughter charges. The judge’s hands were tied, and had to sentence the six assault charges to 10 years each, and mandated that they be sentenced consecutively. Further, the 10 attempted assault charges each carry a mandatory five-year sentence, also required to be served consecutively. Add those up, and the judge had no choice but to enter a 110-year sentence.
For the remaining charges, including the manslaughter charges, the judge entered a sentence of 30 years in prison, to be served non-consecutively. The judge gave a sever sentence for the deaths that the jury had found Mr. Aguilera-Merderos culpable for, but did not seek a sentence that would surely extend beyond his lifespan. One can clearly extrapolate that he did not feel such a sentence was appropriate, but was bound to make it based on the laws in Colorado and the way the prosecutor chose to bring the charges. The judge even suggested that he was bound by law to the sentence, and that none of the victims (and families) who gave testimony suggested that a sentence beyond life was appropriate. The mandatory minimums resulted in a sentence that was beyond what the judge felt was just, but took away the discretion of the court to apply reason.
We have decried the issues with mandatory minimum sentences here before, and the issue is prevalent in Florida, as well. This reminds me of the Marissa Alexander assault case that resulted in a disproportionate sentence a few years ago- and ultimately lead to changes in Florida law. As a general rule, mandatory minimum sentences may be well intentioned, but where there is no discretion, will ultimately be used to an unjust end.
Fortunately, Colorado does have a provision that would permit the court to revisit these sentences after 6 months. Indeed, the judge referenced that the sentences would be revisited, suggesting that he may be open to a showing that would permit them to be reduced. Based on everything stated, that appears to be a likely, and just, result.
I also want to add that Colorado’s assault statute includes reckless behavior (“manifesting extreme indeference to the value of human life”), which is unusual. The crime of assault historically required the intent to place fear/strike/or injure the victim. So, even though Mr. Aguilera-Mederos did not manifest any intent, he was convicted and is now subject to the ‘violent’ crime sentencing structure. That suggests that the sentene may be of a type more sever that intended by the legislature, but certainly applicable under Colorado’s definition of assault. (Usually, behavior so reckless to endanger life is criminally punishable, but not usually as assault. That’s the type of language for manslaughter or reckless driving in most jurisdictions.)
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