Cuban immigrant Rogel Lazaro Aguilera-Mederos moved to the U.S.to provide a better life for his family by working as a truck driver. But when his employer’s brakes failed on mountainous I-70 in Colorado, the semi-truck crashed into stopped passenger vehicles, killing four. Prosecutors refused to consider the brake failure and ensuing collision an accident. Instead, they secured a conviction on four counts of vehicular homicide along with dozens of unusual or peripheral charges.
“He’s passed all of the drug and alcohol tests that were given, including a chemical test. This accident was not intentional, nor was it a criminal act on the driver’s part,” the petition reportedly states. “No one but the trucking company … should be held accountable for this accident. This tragic accident wasn’t done with intent, it wasn’t a criminal act, it was an accident.”
The judge in the case reportedly said that mandatory minimum sentencing required him to hand down a 110-year prison term. Given the brake failure circumstances and excessive sentence, more than 3.3 million people have signed a petition demanding Aguilera-Mederos’s sentence be commuted.
“I take the responsibility. But it wasn’t intentional,” Aguilera-Mederos reportedly said. “I would have preferred God taken me instead of them because this is no life.”
Prosecutors in the case argued that Aguilera-Mederos — a relatively inexperienced trucker — exercised poor judgment. The state claimed a truck ramp was available, and he failed to use it on the downgrade as he approached the scene of another accident and stopped vehicles. With these facts in hand, prosecutors may have had cause to charge the truck with moving violations consistent with not utilizing the emergency ramp. Unfortunately, they took an aggressive tact and charged the Cuban-American with crimes consistent with violence.
All told, the state’s lawyers charged and persuaded a jury to convict on at least 27 counts. Along with homicide, the trucker was found guilty of six counts of first-degree assault and 10 counts of attempted assault. Although such charges are inconsistent with a truck-involved collision, the added convictions forced the judge to level what is effectively a life sentence.
“In all victim impact statements I read, I did not glean from them someone saying, ‘He should be in prison for the rest of his life, and he should never, ever get out. Far from it. There was forgiveness reflected in those statements, but also a desire that he be punished and serve time in prison, and I share those sentiments,” Judge A. Bruce Jones reportedly said. “If I had the discretion, if I thought I had the discretion, I would not run those sentences consecutively.”
Truckers are not taking the miscarriage of justice lightly. Along with the petition demanding Colorado Gov. Jared Polis promptly commute the sentence and release Aguilera-Mederos on time served, boycotts are cropping up. Social media hashtags such as #DontDriveColorado and #NoTrucksColorado are gaining traction in solidarity with what more than 3.3 million believe is an injustice.
Sources: nbcnews.com, thedenverchannel.com
I’ve got mixed feelings on this. The man signed off on the preshift claiming he had inspected the truck. Had he found defects, he is obligated to report them and refuse to drive it till fixed. He also drove past several runaway ramps. I run that mountain often. It is well marked. I break the top at 20-25mph left the engine brake do its job and never touch the service brake. I blame his actions on lack of experience and training.I believe the 10 yrs sentence is much more reasonable.
Totally agree
I agree also.
Point 1)Years ago when I ran out there I remember some of the trucking companies that took in many newbies. Those companies did not have engine brakes on their trucks. I also remember a driver had to use one of the ramps. A had family decided that would be a great place to have a picnic. Not a good mix.
Point 2) Paul Newman has over the years fought very hard to not allow jake breaks He doesn’t like the sound in the mountains. How does his products get to the store???
Paul Newman died like 10 years ago you handjob
First of all, doing a pre trip wouldn’t have told the driver his brakes were gonna fail. Second of all, this driver probably didn’t even know what a run away ramp was! This driver didn’t have enough experience to be driving in a State like Colorado. Yes, he does deserve to spend some time in prison for what happened, but 110 years? Come on man!!! This driver isn’t a killer or murderer!
Obvious to me, after reading the list of charges, some of them are ridiculous. First-degree assault? Attempted assault? He wasn’t attempting ANYTHING, except how to get out of the situation that was unfolding in front of him as he careened down the hill. He may be guilty of inexperienced mountain driving, and passing the runaway truck ramp, but there was no attempt to assault anyone. But I also don’t believe that the driver is blameless and only the company who owned the truck should be held accountable. Brake failure can occur with a brand new truck in the hands of an inexperienced driver.
Like Don M said,,Driver is the captain of his ship,,He alone is responsible for any and all actions,, To many drivers are driving reckless these days,,No regard for the consequences.of there actions..110 year sentence probably is extreme but the people that died left behind sons/daughter’s/ And loved ones, There death
could of been prevented ..Dont drive if your equipment is faulty, Period.
So many people cry (every day) about how unjust our (USA) judicial system is. Then they are happy when one man (Colorad’s governor, in this case) makes a mockery of his own state’s laws. This guy won’t be grateful for the reduction…remember, he turned down a 10-year plea bargain. To him, this will be “getting away with murder” because he doesn’t have any genuine/heartfelt remorse. He only cares about himself. He said he wished his life would have been taken instead of the other four…bullsh@#!!! He had MANY opportunities to sacrifice himself instead of others!!!
I’m curious if you drive a truck for a living and at 23 years old would you have been able to give your life to save others?
Personally I have not run a load to Colorado since this happened and I will continue to Boycott Colorado. Makes you wonder if the sentence would have been as severe if the Driver had been a white American!??Regardless of the situation, this is Exactly why these CDL mills need to be shut down. Lack of training and experience were major factors in that crash! Boycott Colorado!! Just my opinion.
Go back to your blm riots, you brainwashed leftist fuck.
Good don’t need your stupid ass out here
I feel for everyone in this accident , But yes that’s right BUT! He had every chance to drive at a slow speed from top to bottom of the mountain . I say this as a professional driver with years of experience over the road and repairing and maintaining my own trucks . He had every chance to hit a run away ramp , wreck his own truck to side of the interstate without hitting and killing innocent travelers on the interstate . I could go on for ever but , why ? He is supposed to be a professional driver trained to compensate for these types of problems . I say to who trained him Quote ” What Happened – Did he actually learn anything or did you just pass him to get your next class ? ” We are the professional drivers we are responsible for our actions . Should he do 110 years ? not for me to say . What if it were your family members ? Would you accept sorry my brakes failed ???? Not me ! Step back and only try to put yourselves in the families shoes , if it has never happened to you , no one really knows the grief these families are going through . Would you want someone to pay ? Yes ! Would you want someone to stand trail ? Yes ! . Well as far as I can see he has , the hammer fell he has been judged , so why make a fuss ? Drivers -WHAT WOULD YOU HAVE DONE ?
This board is not about race or color ! Who is the racist now. Darren C
Did he “complete” a proper pre-trip?? Did he sign off accepting the truck as fully operational and ready to go?? Did the article tilt at windmills be stating “the employers truck” instead of “his truck” when he accepted responsibility for the load?? Did he bypass several ramps??
The article sounds way too much like a shooting spree where the lawyers want to blame the manufacturer and the owner whose gun was stolen. It was HIS actions, HIS lack of training, HIS negligence and HIS crime to pay for.
Most of you forget where blame truly lays. You can thank the FMCSA, the ATA, the DOT and your ignorant Politicians for this. If they required and enforced stronger training requirements this wouldn’t happen and remember they are now pushing for 18 year olds to drive interstate. The Elds have now been proven to increase accidents but they won’t be removed because of money. Foreign work permits aren’t helping this industry. 50% of cdl holders can’t write, read or speak English but they hold cdls, which is against federal law. This driver made mistakes but the company he drove for should not have been in business in the first place, FMCSA failure. The prosecutor’s in this case were trying to make an example out of him and everyone know the justice system is screwed up. BLM trash can burn cities down and nothing happens to them. And personally I know an individual that got drunk, drove and killed someone, he made that choice, and he isn’t even looking at charges like that. I think he should have to spend all 10 years with no parole but 110 years was ignorant. Murderers and rapists don’t even get that kind of time.
Yup it’s all the guvmint’s and BLM fault. Now go bank under your rock.
Your points are on themark
I think it is a hard sentence but 10 years is not enough either. If he inspected the truck it should have been put out of service until it was fixed. He could have used the run of the ramp. but maybe he did not understand the English language or read it. These states like PA give these CDL tests in Spanish and then they get out on the road and cannot read the signs. Part of this is the blame of politicians who let these people in here without knowing English. All said and done he should get some time but not 110 years and the trucking company should be held accountable for running shabby equipment.
Just fucking wow. This article is insane to me. The dude fucking killed people. This was one hundred percent his fault. He drive reckless. He failed to maintain control of his vehicle. He failed to use the safety options built into the fucking road way. He was supposed to be a professional and if he didn’t think he could handle the truck he should have never have operated it. Ignorance and lying(cause he fucking lied when he said he could handle it) is not an excuse. If I bought a gun and was unaware of the safety and accidentally killed your mother because I handled it without care, would you think me innocent or blame the manufactures or store? The people he killed….no. The people he murdered won’t suddenly get up out of a penalty box in ten, fifteen or twenty years. He shouldn’t either.
D.O.T. SHOULD GOT STRAIGHT TO THOSE COMPANIES YARD WHO DO LOW MAINTENANCE ON THEIR FLEET.
Even go to their maintenance book scheduled to verify.
SHAME ON THOSE COMPANIES!!!!!
This story is from newsweek. Make of it what you will as far as punishment for the driver. IMO he should be released for time served.
https://www.newsweek.com/rogel-aguilera-mederos-company-boss-linked-business-defective-brakes-history-1663011
I am a new driver at age 49 just out of trucking school. Training does give you the required tools to travel safely. Pre trip inspections are absolutely important before a driver rolls out to the highway. During travel, paying attention to your instruments (Air Break PSI) is a factor when making decisions whether or not to pull over to check for failure. Using the brakes too often can also cause significant air loss and eventually service brake failure. There are different scenarios to every accident. And there maybe cases where the driver did everything right and brake failure was destined, however not likely unless it was just old equipment and wasn’t properly serviced. I don’t know what exactly happened because I wasn’t the driver, so I can’t judge too harsh.
These Laws are Nuts, prosecutors are out for blood, will never return to Truck Driving no matter how bad it gets Period!
Excuses, excuses! This guy refused the 10 yr deal, said he’d only except tickets. He said he was in neutral, well of course the breaks would fail! Any professional driver would know you’d need to be in a lower gear and use engine break to prevent brake failure. He said he didn’t understand the signs for the emergency run off ramp but then he also said he’d get fired if he used the run off ramp, which one??? He incriminated himself, all drivers must know the laws and have the skills to control their vehicle, plain and simple.
Who cares where he is from or what color he is.
Look…He should have had the training needed to inspect the truck…he also should have had the training to drive the required route. Everybody should know their limitations. When in doubt, whether it is a company truck or otherwise, spend the $60.00 and have your brakes adjusted to save your own life and others.
All truck drivers know that everything falls on their backs and this is no exception.
Is 110 years excessive?…I think so. Could he have made better decisions?…I think so.
The driver was inadequately trained for the job.That’s been commonplace for many years.now. It is also known that the driver knew the breaks were not operating correctly prior to the ‘accident’. It is also known that the driver had his right foot ‘in the oil pan’ doin’ in the neighbourhood of the 85 mph. That shows he has no consideration for other motorists on public roadways or respect for the safety of other motorists on public roadways. I have no respect for ‘super truckers’ or ‘cowboys’ behind the wheel of big trucks. Full load of lumber on a deck and this guy chooses to drive around like that. No one should be clippin’ along in a big truck at 85 anywhere,loaded or empty. That’s just reckless and stupid. If one chooses to be a ‘cowboy’ out there and screws up like this guy, don’t look for sympathy from i if you spend the rest of your life in prison. Those people he killed had families and friends that will never see or talk to them ever again and there are people out here worried about this poor excuse for a professional driver’s fate. You make me sick.
110 years. What’s even the point? You’ve condemned the man to a non-existence, a destroyed life and family and a dragged out sentence with no possible chance to redeem himself otherwise. It would be more merciful just to have hung him after the verdict was read.
If this is where this so-called justice system now stands when it comes to truckers, then I want to see these 4-wheeler drunk idiots, these wantonly negligent speed demons, lane surfers and the road ragers start getting a firing squad when they end up causing fatalities out there. String them up along the highway for all to see, dangling over the wreckage they caused so all can see the price of such stupidity.
Equal justice. Period.
(Sorry, but not sorry, if this offends some…)
I 100% agree with you.
Money money money is just what they are after if the company wont pay he is going to spent the life sentence lock up but if his company come up front and deal with the so called prosecutors is very posible he ll come out free like el chapo,
How many he directly and indirectly have he killed? 150000 people and now they are talking to posible revisé and release him free. Same scenario with general cienfuegos.
Everybody has jumped on pointing fingers about the brake failure. Noone has asked what failed? Were they bad when he did the pretrip or did he burn them up on the mountain? Was he qualified to know a defective part?
You can take an assault rifle to a protest and kill two people and wound another and claim it was self defence. But if you’re driving a truck, you already have one foot in the jail cell, if anything goes wrong.
It’s the smart assed attorneys who make or break the case.
Ask yourself….if it was your wife and kids dead from this untrained driver from a criminally negligent company, is 110 years enough?
I’m wondering if he had been a white American what then? Would there have been an out cry for justice? Was he here legally?