Characterizing new evidence as a game-changer, the attorney for illegal immigrant Francis Hernandez said his client should not be charged with vehicular homicide in a September crash that killed three people because the driver who turned in front of him had a high level of meth in her system.
The driver, Patricia Guntharp, 49, of Centennial, was killed, along with her passenger and friend, Debra Serecky, 51, of Aurora, and 3-year-old Marten Kudlis of Denver, who was inside an ice cream store when the wreckage plowed through its glass exterior near South Havana Street and East Mississippi Avenue.
A toxicology report made public Thursday found that Guntharp had a blood level of 1,685 nanograms of methamphetamine per milliliter, or ng/ml, and other “drugs of abuse” in her system.
The federal Substance Abuse and Mental Health Services Administration sets a benchmark of 500 ng/ml for law enforcement officials evaluating DUI.
The Guntharp, Serecky and Kudlis families could not be reached Thursday to comment on the findings.
Hernandez, a 23-year-old native of Guatemala, is charged with three counts of vehicular homicide and three counts of leaving the scene of a deadly accident, among other charges.
His attorney, Kallman Elinoff, said he hoped Arapahoe County District Attorney Carol Chambers would drop vehicular homicide charges against his client in light of the findings.
“The hit-and-run charges are a more serious felony (than vehicular homicide) that could put him away for the rest of his life,” Elinoff said.
“My client takes responsibility for speeding. He takes responsibility for leaving the scene of an accident. He takes responsibility for a lot of things, but he does not not take responsibility for causing the crash.”
A preliminary hearing in the case is scheduled for Monday in Arapahoe County.
The district attorney’s spokeswoman, Kathleen Walsh, read from a statement and would not elaborate beyond it, saying professional code prevents prosecutors from publicly discussing evidence.
“The district attorney’s office believes the evidence supports the charges in the Francis Hernandez case,” she stated.
The toxicology report found Guntharp also had benzodiazepine, metabolites and unspecified opiates in her system. Serecky tested positive for marijuana and methamphetamine. Her blood level was 636 ng/ml, according to the toxicology report.
According to medical sources, meth remains in the urine three to six days after use, and a high lasts 24 to 36 hours.
Hernandez had been arrested 16 times previously, including numerous traffic offenses. He did not have a driver’s license and was speeding at the time of the crash Sept. 4.
He ran from the wreckage and called his girlfriend to pick him up at a Hooters restaurant nearby.
Immigration and Customs Enforcement officials have put a hold on Hernandez because he is in the country illegally. Under the hold, he must be turned over to ICE if the state releases him.
Joey Bunch: 303-954-1174 or jbunch@denverpost.com
