CENTENNIAL — The fate of a man charged with causing an accident in 2008 that killed three people is now in the hands of an Arapahoe County jury.
The jury began deliberations this afternoon in the trial of Francis Hernandez, charged with 19 criminal counts in connection with the deadly crash at an Aurora Baskin-Robbins.
In closing arguments today, prosecutors downplayed recent criticism of the Aurora Police Department’s investigation, saying it was a “distraction” ploy by his defense to confuse the jury.
“There is no evidence in this case that anything was covered up, that anything has been destroyed,” said prosecutor Karen Pearson.
But defense attorney Chris Baumann said the jury could not trust the word of lead traffic detective Johnny Lee, a “golden boy” with little investigative experience who was on the police department fast track.
Lee testified last week that he provided “inaccurate evidence” to the court. Specifically, he said he accidentally deleted the original arrest affidavit then re-entered it. But he failed to include that one witness said he saw two people inside Hernandez’s Chevy Suburban after the accident.
The defense is saying that Hernandez’s cousin, who was shot and killed last year, was also inside the Suburban and could have been the driver. Prosecutors say Hernandez was the driver and lone occupant.
“Everything was viewed from a distorted prism,” Baumann said. “Detective Lee is your filter in this case and how can you trust him?”
Baumann said police never considered the possibility of another driver and never tried to interview Hernandez’s cousin, Christian Hernandez, before he died. They never searched Francis Hernandez’s vehicle for other DNA. Francis Hernandez’s blood was found on the driver’s side air bag.
“This case was doomed from the second police officers arrived at the scene,” Baumann said.
Hernandez, prosecutors say, was driving between 70 and 80 mph on Havana Street on Sept. 4, 2008, when he hit a small pickup driven by Patricia Guntharp, who was turning left into a strip mall.
Her pickup careened into a Baskin-Robbins store, killing Guntharp, 49, and her passenger, Debra Serecky, 51. Marten Kudlis, 3, who was in the ice cream shop with his mother, also died.
“The defendant was driving double the speed limit down Havana weaving in and out of traffic,” prosecutor Rich Orman said. “His reckless driving caused the collision.”
Hernandez moved here with his parents from Guatemala when he was a boy and was in this country illegally. He had been arrested for numerous traffic offenses and other violations, but authorities failed to deport him.
Guntharp had high levels of methamphetamine in her system when Hernandez crashed into her pickup, medical investigators said.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com.
