CENTENNIAL, Colo.—A man accused of causing a crash that killed three at an ice cream shop will stand trial despite his attorney’s efforts to pin the blame on one of the victims who had meth in her system at the time of the accident.
Francis M. Hernandez, who authorities say is an illegal immigrant from Guatemala, is charged with 19 counts, including vehicular homicide and child abuse resulting in death for the deaths of Patricia Guntharp, 49, Debra Serecky, 52, Marten Kudles, 3.
Arapahoe County Judge Annie M. Ollada ruled Monday that there was enough evidence for a trial against the 23-year-old. Hernandez is expected to enter a plea Dec. 11.
Police say Hernandez ran a red light in his SUV and broadsided Guntharp’s pickup truck, sending it slamming into the ice cream store Sept. 4. They say debris from the crash dragged the boy out of the Aurora Baskin Robbins where he was waiting for an ice cream cone.
Hernandez’s attorney, Kallman Elinoff, seized on a toxicology report released last week that indicated Guntharp had methamphetamine and other “drugs of abuse” in her system when the accident occurred.
“She contributed to the accident,” Elinoff said Monday during Hernandez’s preliminary hearing.
But prosecutors said Hernadez was weaving in and out of traffic before the accident.
Investigators said Hernandez was going 78 mph in a 40-mph zone at the time of the crash, while Guntharp was estimated to be traveling 10 mph when she made a left turn into a hamburger restaurant.
Aurora police Detective Johnny Lee said if Hernandez had not been speeding, Guntharp would’ve made her turn into the restaurant “with time to spare.”
Lee also disagreed with Elinoff’s statement that Guntharp made an illegal turn by crossing a double yellow line.
“This accident, these collisions, these deaths, are the result of the reckless conduct of the defendant,” said deputy district attorney Rich Orman.
The accident triggered a public uproar after it was revealed Hernandez had a long driving record dating back to 2003 but never came into the scope of Immigration and Customs Enforcement. Officials there say local authorities never notified them about Hernandez as state law requires until the fatal September crash.
Arapahoe County Sheriff Grayson Robinson has said they did notify ICE in April when Hernandez was caught speeding. However, no record of any notification exists.
Shortly after the crash, Gov. Bill Ritter ordered a review from the state Department of Public Safety on immigration enforcement. He asked for solutions to the problem and said the federal government has “failed to fix a broken system.” The review is expected by the end of the year.
State legislators are also considering whether to conduct an audit on immigration enforcement.
