Truck driver sentenced to 110 years for accident.

[AProudLefty]

What's the difference between him and an ill-trained idiot working for minimum wage?

Should the company who hired him bear any responsibility? What about maintenance? What about a company policy that docks pay if drivers are late?

Exactly. Who the fuck lets an inexperienced trucker driver to drive a rig? Why aren't they asking that question? The responsibility clearly lies on them.

 

[Sirthinksalot]

You miss several points 1. I never said he was innocent!

Noted, but you did ask me "What reckless decisions did he make?". The jury found him guilty of two counts of vehicular assault (reckless), and the judge said he made a series of reckless decisions. So there's your answer.

2. I never said the accident was unavoidable!

In your stupid hypothetical example, you did say "People die in unavoidable car wrecks all the time should we jail all the survivors involved?" You can see how I might interpret that as you asserting the crash we are discussing was avoidable.

The whole argument is the sentence is excessive. That is the problem with mandatory sentencing. People who commit 1st degree murder get lighter sentences. I am a staunch conservative but that does not mean I must support unjust legislation.

I agree that the sentence is excessive. But I contend 2 years, which is all he would have served if the sentence is commuted is WAY to light for killing 4 people with the charges he was convicted of.

Furthermore, let's talk about WHY legislatures create mandatory minimum laws. They do it because the public gets fed up with soft on crime judges using their discretion to hand down light sentences.

Let's say the driver killed those 4 people and was convicted of the same 27 counts. Now let's say the judge had discretion and sentenced the guy to 2 years. The same people crying about the sentence being too harsh would be howling that 2 years is too soft. Remember, your initial question left us with the choice, should he get 110 years or 2 years. If those were my only choices, sorry it's 110 years from me.

 

[Sirthinksalot]

Same here about the trial. BTW, the "@" sign doesn't work here. The only way to tag someone is to quote them even if the entire text field is "..." Like below.

My evidence is results. Although my expertise is in aircraft accidents not trucks, the human factors involved remain the same. The company put in ill-trained idiot behind the wheel of a, on average, 45,000#, 70MPH 18-wheeler to save a few bucks.

Yes, the driver has responsibility and must pay his fair share. What I'm saying is so should the assholes who put this idiot on the road. You claimed he was illegal. Who did that? Although it appears you lied and he's actually legal, the point remains the same: Who put this fucking moron behind the wheel of an ill-maintained 18-wheeler? Where is their responsibility? Where is their penalty?

Why are you so quick to nail the "illegal" Mexican driver and not say a single fucking word about the owner of that truck? Your choice to answer or run from the question as always.

First things first, I never said the driver was illegal, you must have me confused with a different poster. If you provide me with a post number where I said any such thing, I'll read it.

I agree, if the company didn't provide adequate training and maintenance they should also be held accountable. But again, I think you may have me confused with another poster. I've been discussing Eagle eye's question about whether the sentence should be commuted which would result in the guy serving 2 years for killing 4 people and 27 counts. I say no, it shouldn't be. If it could be reduced to 20 years or so, I would agree with that.

 

[Dutch Uncle]

Exactly. Who the fuck lets an inexperienced trucker driver to drive a rig? Why aren't they asking that question? The responsibility clearly lies on them.

Grumpy whined about Kyle, but I see this to be more like Kim Potter. She fucked up and a tragedy occurred. She's bears responsibility for her part, but those who put her there, who trained her and claimed she was qualified also bear a responsibility.

 

[Dutch Uncle]

First things first, I never said the driver was illegal, you must have me confused with a different poster. If you provide me with a post number where I said any such thing, I'll read it.

I agree, if the company didn't provide adequate training and maintenance they should also be held accountable. But again, I think you may have me confused with another poster. I've been discussing Eagle eye's question about whether the sentence should be commuted which would result in the guy serving 2 years for killing 4 people and 27 counts. I say no, it shouldn't be. If it could be reduced to 20 years or so, I would agree with that.

Thanks, was Grumpy.

Yeah ... AND an illegal ... so no difference.

What is standard for vehicular manslaughter?

 

[McRocket]

What's the difference between him and an ill-trained idiot working for minimum wage?

Should the company who hired him bear any responsibility? What about maintenance? What about a company policy that docks pay if drivers are late?

That is a separate matter.
A truck driver is responsible for the truck he drives...regardless of whether he owns it or not.

Are pilots allowed to fly their plane knowing that an engine is about to fall off?
And just blame the resulting crash on the company for not maintaining the plane properly?

Of course not.
The same with trucks (or it should be).

You don't agree?
Fine.

Good day.

 

[Dutch Uncle]

That is a separate matter.
A truck driver is responsible for the truck he drives...regardless of whether he owns it or not.

Are pilots allowed to fly their plane knowing that an engine is about to fall off?
And just blame the resulting crash on the company for not maintaining the plane properly?

Of course not.
The same with trucks (or it should be).

You don't agree?
Fine.

Good day.

Disagreed. It's all part of the problem. There are two things going on here: Justice for those harmed and prevention of such harm from happening again.

Blame rightfully belongs on the driver but what you and others, including the state of Colorado, seem to be doing it putting all the blame on this unqualified idiot. The people who maintained the truck, checked his qualifications and put him on I-70 bear part of the responsibility for the tragedy.

Prevention is partially served by putting the driver in jail at a cost of about $30K/year. If he does 50 years, the cost to taxpayers is $1.5M. Why not offer him the option to take a bullet to the head and give his widow and children half the savings, $750,000?

The company's training and maintenance records should be reviewed. If in compliance, then the State should look at a revision of the law. If not in compliance, then take them down with prosecution.

 

[Sirthinksalot]

Thanks, was Grumpy.

What is standard for vehicular manslaughter?

Oh man, you confused me with grumpy!!!

I don't know, but when you figure it out multiply the answer by 4 and don't forget to add in the aggravating factors.

 

[Matt Dillon]

In April 2019, the truck Aguilera-Mederos was driving lost its brakes, CBS Denver reported. He passed one of the state's runaway truck ramps as he descended from the mountains, a point the prosecution focused heavily on during the trial.

He then crashed into several cars stopped on eastbound I-70 in Lakewood, sparking a massive fire. The highway was shut down in both directions for roughly 24 hours, according to the station.
https://www.cbsnews.com/news/rogel-aguilera-mederos-sentenced-colorado-traffic-crash/

Should the governor commute the sentence?

Was the truck runoff clearly marked? Why no jake-braking? Was it on purpose?

I know nothing about this case.

 

[Matt Dillon]

Time served is way too short. Truck drivers are held to a higher standard than automobile drivers for good reason. He made "a series of reckles decisions" while piloting a 30,000 pound instrument of death. It's unfortunate that he has to get what amounts to a life sentence, but 2 years is not even close to justice.

Only 30k pounds? Wtf?!

That's not a semi tractor-trailer..

It's a little less than half.

 

[Eagle_Eye]

Noted, but you did ask me "What reckless decisions did he make?". The jury found him guilty of two counts of vehicular assault (reckless), and the judge said he made a series of reckless decisions. So there's your answer.



In your stupid hypothetical example, you did say "People die in unavoidable car wrecks all the time should we jail all the survivors involved?" You can see how I might interpret that as you asserting the crash we are discussing was avoidable.



I agree that the sentence is excessive. But I contend 2 years, which is all he would have served if the sentence is commuted is WAY to light for killing 4 people with the charges he was convicted of.

Furthermore, let's talk about WHY legislatures create mandatory minimum laws. They do it because the public gets fed up with soft on crime judges using their discretion to hand down light sentences.

Let's say the driver killed those 4 people and was convicted of the same 27 counts. Now let's say the judge had discretion and sentenced the guy to 2 years. The same people crying about the sentence being too harsh would be howling that 2 years is too soft. Remember, your initial question left us with the choice, should he get 110 years or 2 years. If those were my only choices, sorry it's 110 years from me.

In your stupid hypothetical example, you did say "People die in unavoidable car wrecks all the time should we jail all the survivors involved?" You can see how I might interpret that as you asserting the crash we are discussing was avoidable.

Sorry sport but saying "people die in unavoidable accidents all the time" is not and example but a statement of fact. As to this accident once he passed the run away truck ramp (which as far as I know the reason was not explained) the accident became unavoidable.

Furthermore, let's talk about WHY legislatures create mandatory minimum laws. They do it because the public gets fed up with soft on crime judges using their discretion to hand down light sentences.

And like most laws created to stop injustices they have the opposite effect by creating even more judicial injustices.

I agree that the sentence is excessive. But I contend 2 years, which is all he would have served if the sentence is commuted is WAY to light for killing 4 people with the charges he was convicted of.

I agree 2yrs is too short the governor should drop the sentence length to a more appropriate sentence.

 

[Sirthinksalot]

I agree 2yrs is too short the governor should drop the sentence length to a more appropriate sentence.

Unfortunately the governor doesn't have the power to do that. He can either grant clemency in which case the driver gets out immediately, after serving only 2 years or let the sentence of 110 years stand. It's a binary choice.

 

[AProudLefty]

Unfortunately the governor doesn't have the power to do that. He can either grant clemency in which case the driver gets out immediately, after serving only 2 years or let the sentence of 110 years stand. It's a binary choice.

There's a third option: Civil commitment. Clearly he's unstable and should not be around people until he is considered fit.

 

[Damocles]

There should be no conviction at all for an actual accident that didn't involve gross criminal negligence.
Shit happens, and everybody eventually dies of or from something.

Colorado. There but for the grace of God....

The gross criminal negligence was passing the runaway truck ramp to instead use cars, and kill people, in order to stop his runaway truck.

 

[Sirthinksalot]

There's a third option: Civil commitment. Clearly he's unstable and should not be around people until he is considered fit.

You have a source that the governor can do that?

 

[AProudLefty]

You have a source that the governor can do that?

I don't but there's this: https://www.shouselaw.com/co/defense/process/civil-commitment/

 

[Blackcat13th]

No mention about jake breaking?

 

[Jack]

The gross criminal negligence was passing the runaway truck ramp to instead use cars, and kill people, in order to stop his runaway truck.

Ding! Ding! Ding! We have a Winner!

 

[Jack]

No mention about jake breaking?

Trailers are notorious for having bad brakes, since that's what everyone does.

 

[Geeko Sportivo]

The gross criminal negligence was passing the runaway truck ramp to instead use cars, and kill people, in order to stop his runaway truck.

When you are that scared, you do not know what you would do!

When you are doing over 90 in a runaway Truck going down a Mountain slope, a Truck Driver must already know his life is not near as important anymore as the lives of everyone else and take the ramp! TRUE DAT! Yes, he should have taken his own life instead of theirs. But that is a decision he made in about 1 second of time. He didn't have much time to think about it.

Taking the ramp is suicidal, at best. Many Truckdrivers are killled taking those ramps- more-so than not. That does go with the job though!

The idiot panicked and made the wrong decision.