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Aguilera-Mederos' sentence reconsideration hearing scheduled for Monday

Rogel Aguilera-Mederos.png
Posted at 12:23 PM, Dec 22, 2021
and last updated 2021-12-22 14:23:09-05

A sentence reconsideration hearing in the case of Rogel Aguilera-Mederos has been scheduled for Monday, Dec. 27, according to court records.

Aguilera-Mederos was sentenced to 110 years in prison after he was convicted in the deadly crash on I-70 in April 2019.

The case gained national attention as millions took to social media to to share their anger over the decision.

Kim Kardashian West shared a series of tweets about the case, saying, in part, "Colorado law really has to be changed and this is so unfair. Governor Jared Polis is a really good person and I know he will do the right thing."

More than 4.6 million people have signed a petition calling for Aguilera-Mederos to have his sentence commuted or to be pardoned, saying the crash was a tragedy but the sentencing is unfair. On social media, posts are also petitioning for truck drivers to boycott Colorado until Aguilera-Mederos is released or the law is changed.

During the sentencing, Judge A. Bruce Jones said his hands were tied when it came to sentencing because of mandatory minimum laws in the state. On Oct. 15, a jury convicted Aguilera-Mederos, 26, on most of the 42 counts he faced, including vehicular homicide, first-degree assault, attempted first-degree assault, reckless driving and careless driving.

He was also convicted on multiple counts of careless driving, reckless driving, and vehicular assault, though the jury found he was not guilty on several counts of attempted first-degree assault.

On Tuesday, the Colorado First Judicial District Attorney's Office filed a motion to reconsider the 110-year sentence. District Attorney Alexis King's office released an additional statement Tuesday evening stating the office is asking for an expedited hearing.

The sentence reconsideration hearing has been scheduled for Monday, Dec. 27. A time has not yet been announced.

In a statement Wednesday, King asked for patience as this moves through the legal process.

“On December 13, we requested the minimum sentence allowed by law and discussed with the court the statutory procedure permitting the court to reconsider its sentence in an exceptional case involving unusual and extenuating circumstances. On Friday, we initiated the process by filing a motion with the Court to set a hearing for the reconsideration of Mr. Aguilera-Mederos’ sentence. This will not overturn the conviction supported by the evidence in this case; it simply allows the court greater flexibility than at initial sentencing.

When my team and I spoke to the surviving victims and families of those who lost their lives about the possibility of resentencing, it was their specific desire to be heard in this process. So, yesterday, we filed another motion requesting that the court expedite that hearing so they would have the opportunity to be heard by the presiding judge who best knows the facts of the case and the evidence presented at trial. We understand and appreciate the frustration of those seeking immediate consideration and ask for patience as we take the steps allowed by law before the judge who knows this case and the community that was impacted.

As we move forward, we will continue to have meaningful conversations with the victims and their loved ones. Our primary concern is ensuring that they are able to share with the court how this incident has impacted their lives as the court considers the appropriate sentence and follows the process set forth in the law. We look forward to Governor Polis taking the opportunity to meet with the victims and survivors, as they have requested, and to personally hear their stories as he considers the clemency application.”

During an update on COVID-19 in Colorado Tuesday afternoon, Polis confirmed he has received an application for clemency in this case.

"We have just received the application from his lawyer yesterday afternoon and my legal team is reviewing it at this time. We'll make an announcement once a decision has been made," he told a reporter in Spanish.

A rally in support of Aguilera-Medero was held Wednesday at the Colorado State Capitol Building's west steps.

This motion comes after a social media post by a prosecutor who worked on the case sparked some controversy amid uproar over the sentence.