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Truck Driver 110 Year Sentence?? Is It Safe To Tow in Colorado?

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Goodspike

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Discussion starter · #1 ·
Has anyone been following this story? I haven't been, but now I'm wondering if I should start.

thehill.com

Colorado prosecutor asks for review of truck driver’s 110-year sentence in fatal crash

A district attorney in Colorado announced on Wednesday that she had filed a motion to reconsider the 110-year sentence of a truck driver who was found to be at fault in a fatal accident. …
thehill.com thehill.com

This article doesn't give enough information to know if there was even a basis for prosecution, let alone a crazy sentence. It may be that Colorado is sort of like Italy, a place to avoid so that you don't have to deal with a crazy criminal justice system.

What were the facts beyond perhaps not making a proper decision in an emergency situation?
 
#2 ·
I believe the basis for the prosecution was the driver failed to take a number of emergency run outs to slow his vehicle after he lost his brakes from overuse. I believe it was driver negligence. One of the jurors said he was definitely guilty but didn’t agree to the lengthy sentence. I’m not sure the victims families are as sympatheti.
 
Discussion starter · #3 ·
eldee54 said:
I believe the basis for the prosecution was the driver failed to take a number of emergency run outs to slow his vehicle after he lost his brakes from overuse. I
Click to expand...
The article I linked made it sound like a single ramp he didn't use, and didn't explain where that was in the process relative to losing brakes. But it also refers to other decisions. I found this which indicates he pulled over, saw his brakes smoking, but proceeded anyway. :rolleyes: That's pretty bad, and clearly negligence, but still not sure that's criminal negligence.

www.baynews9.com

4.5 million sign petition to reduce 110-year sentence for truck driver

Rogel Aguilera-Mederos says his brakes failed.
www.baynews9.com www.baynews9.com
 
Discussion starter · #4 ·
And this article claims he was speeding down the hill, which could be criminal negligence if excessive.

www.lataco.com

Why Truck Drivers Are #BoycottingColorado For a Condemned Cuban Immigrant ~ L.A. TACO

A boycott movement is spreading amongst professional truck drivers following the 110-year prison sentence given out to Rogel Aguilera-Mederos.
www.lataco.com www.lataco.com

I'd avoided this story in the past because the stories were all about an Internet petition, which is not a topic of interest for me.
 
#6 ·
Let him out with time served? SCREW THAT!!!

What is missing is what was done to the company he worked for and what was their maintenance record? I have read a lot about trucks on the road that are not safe, especially those originating from Mexico. Where's the rest of the story? Did this guy even have a CDL?
 
Discussion starter · #8 ·
Tom S. said:
Let him out with time served? SCREW THAT!!!

What is missing is what was done to the company he worked for and what was their maintenance record? I have read a lot about trucks on the road that are not safe, especially those originating from Mexico. Where's the rest of the story? Did this guy even have a CDL?
Click to expand...
His training and CDL was in/from Texas. And yes there are a lot of problems with equipment, although I'm not sure what ability drivers have to determine all of that. There must be some ability because in Washington the State Patrol can made such determinations during roadside stops.
 
Discussion starter · #9 ·
eldee54 said:
The first article I read stated a number of runouts. Here’s a pretty good article about it. Trucker Gets 110-Year Sentence for Fatal Runaway Truck Pileup
Click to expand...
But the one you linked says one. Although I would say if he was going 85 when he passed the one mentioned in that article, and didn't use the pull out, that would be reckless.

That still leaves Colorado's concurrent/consecutive rule. I actually wish there were more consecutive sentences, but that would be more for incidents that are separated in time. Repeated criminal acts should have longer sentences served.
 
#10 ·
They say several truck ramps.
Most of the time I have seen teuck ramps there was maybe 2 on a very long stretch.
Never seen them spaced 100 yards apart.

Same with everything, we don't know the whole story.

But hauling a load of lumber and trusting the brakes in not a hood idea.
Seen many trucks in high gear passing everyone going down steep grades.
Been in some trucks that the Jake works alot better than others, some seemed like the engine brake only made a difference in 1st or 2nd gear on a 10 speed.

Where his brakes already gone before he passed the ramp.
Any proof that he couldn't make it to the last ramp?
Was he in left lane and other vechicles blocking the path to ramp.
Before brakes went out, did he try and down shift going down hill, and not be able to get back in gear?
Reported of doing 85 mph when brakes went out.
A 23 yr old from huston, what was his experience on steep grades?

Lots of variables and sure there is info that the media is leaving out.
 
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#12 ·
The first article, last week, mention multiple runouts. I just found the article posted was more comprehensive on the charges. The trucking company’s liability will be decided in civil court, probably will drive them out of business. I agree with the juror, the driver is guilty of the charges but the sentencing was way too long, of course like I said the victims and victim’s families are probably not as sympathetic.
 
#13 ·
trikermutha said:
Has anybody been driving the hwys lately. The truck drivers are going faster than some of the cars.

Even most cars are driving like crazy a holes.
Click to expand...
Come to S. FL, it has become a game of try to make it from A to B in one piece without being hit by the idiots.

For the truck driver; what were his explanations for going past the emergency ramps?
 
#15 ·
Most of the writing I've seen on what actually happened is confusing to me.

1) Lot's of mentions of 'faulty brakes' on the rig, but you can't descend that hill on the foundation brakes anyways. You have to descend the hill on the engine brake. Trying to use brand new, perfectly adjusted foundation brakes on a hill like that will result in a new land speed record. So what was going on here?
2) Everyone says he skipped the runaway ramp. OK, but when did he get into trouble? Was he properly into a lower gear with the engine brake on as he started the descent? Was he really trying to go down that hill in top gear while just stab braking?

For people who have not driven a truck, the way you go down a mountain is centered completely around the engine brake. Before you start the grade, you read the sign that tells the %. Then you slow down to the best speed your truck can hold on that hill, select the correct gear to put the engine at it's best braking rpm, and turn on the brake. The truck will go down the entire hill at a constant speed, holding with the engine brake.

Now, some poorly trained drivers will pick a higher gear / speed to start the grade and will stab the foundation brakes a few times on the way down. They do this because they get paid by the mile, and they don't pay for brake service anyway. So what could have happened was, this guy started the hill too fast and too high of a gear, and after one-two stabs on the foundation brakes he cooked them and was off to the races. I don't know. A truck can pick up speed real fast on a 6% grade.

I'm also curious if this guy had and AMT (likely) or a manual transmission. One problem a low-skill driver can get into with a manual is that if you start the hill in too high of a gear, it can be really dangerous to try and downshift. It is possible for the truck to gain speed so fast than you can't get back into any gear once you start a shift. In neutral, your only option is the runaway ramp. I would tell a newer driver to never pull a truck out of gear once into a grade. But these days, it's unlikely the truck was a manual anyway. They are getting rare.
 
#16 ·
JeffreyG said:
Most of the writing I've seen on what actually happened is confusing to me.

1) Lot's of mentions of 'faulty brakes' on the rig, but you can't descend that hill on the foundation brakes anyways. You have to descend the hill on the engine brake. Trying to use brand new, perfectly adjusted foundation brakes on a hill like that will result in a new land speed record. So what was going on here?
2) Everyone says he skipped the runaway ramp. OK, but when did he get into trouble? Was he properly into a lower gear with the engine brake on as he started the descent? Was he really trying to go down that hill in top gear while just stab braking?

For people who have not driven a truck, the way you go down a mountain is centered completely around the engine brake. Before you start the grade, you read the sign that tells the %. Then you slow down to the best speed your truck can hold on that hill, select the correct gear to put the engine at it's best braking rpm, and turn on the brake. The truck will go down the entire hill at a constant speed, holding with the engine brake.

Now, some poorly trained drivers will pick a higher gear / speed to start the grade and will stab the foundation brakes a few times on the way down. They do this because they get paid by the mile, and they don't pay for brake service anyway. So what could have happened was, this guy started the hill too fast and too high of a gear, and after one-two stabs on the foundation brakes he cooked them and was off to the races. I don't know. A truck can pick up speed real fast on a 6% grade.

I'm also curious if this guy had and AMT (likely) or a manual transmission. One problem a low-skill driver can get into with a manual is that if you start the hill in too high of a gear, it can be really dangerous to try and downshift. It is possible for the truck to gain speed so fast than you can't get back into any gear once you start a shift. In neutral, your only option is the runaway ramp. I would tell a newer driver to never pull a truck out of gear once into a grade. But these days, it's unlikely the truck was a manual anyway. They are getting rare.
Click to expand...
I drove stick for years, but never a big truck. What makes it so hard to get into any gear once the speed starts to increase, are they not Synchromesh gears and the driver has to rpm match manually, which isn't possible if the engine can't rev that high so it just grinds?
 
#17 · (Edited)
trikermutha said:
Has anybody been driving the hwys lately. The truck drivers are going faster than some of the cars.

Even most cars are driving like crazy a holes.
Click to expand...
I get passed by some trucks when I am doing 75 on I-70 in Kansas, 75 is the speed limit

Yeara ago I had a truck in front of me go onto one of the ramps, This was on the west side of the Eisenhower tunnel towards Silverthorne. Actually saw a big cloud of dust and it was about stopped by the time I went by
 
Discussion starter · #18 · (Edited)
Speedy4x4 said:
Reported of doing 85 mph when brakes went out.
A 23 yr old from huston, what was his experience on steep grades?

Lots of variables and sure there is info that the media is leaving out.
Click to expand...
Even the 85 mph is not well reported. If that was after the brakes went out that would be somewhat to be expected, particularly if he wasn't able to get the truck back into gear.

Being from Texas and fairly young it may be that he had little experience with steep grades.
 
Discussion starter · #19 ·
trikermutha said:
Has anybody been driving the hwys lately. The truck drivers are going faster than some of the cars.

Even most cars are driving like crazy a holes.
Click to expand...
And vehicles pulling travel trailers (or more accurately vehicles being pushed by travel trailers). Stevens Pass in Washington, just west of the pass westbound is pretty steep, and I'll see come crazy speeds there.
 
Discussion starter · #20 ·
eldee54 said:
Not knowing his training or experience or his command of the english language, learning to drive in Texas, he may not of even been aware of what a runout was for.
Click to expand...
I hadn't even thought about that--particularly if English was not his first language. I wonder if they have the signs in Spanish? There was another article about how the CDOT was just starting to get information from drivers about their experience and issues with these passes, some two years later (as if this were the only event on such passes). Based on that time lag I would guess the signs were only in English, but it is an interesting question.
 
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