Rogel Aguila-Mederos Resentencing Hearing Set for January 13

Update: On December 30, Governor Jared Polis granted a sentence commutation to Rogel Aguilera-Mederos. His 110-year sentence was reduced to ten years.

An official resentencing hearing for I-70 trucker Rogel Aguilera-Mederos will be held January 13 at the District Court in Jefferson County...in person.

"I’m concerned about turning this thing into a circus, and it will not be a circus as far as I’m concerned. So I'm telling counsel in advance, tell anyone that you’re affiliated with that any outburst will result in the immediate removal of that person from the courtroom," Judge A. Bruce Jones said during a December 27 virtual scheduling hearing.

On December 13, Judge Jones had sentenced 26-year-old Aguilera-Mederos to 110 years in prison for his involvement in an  April 2019 crash along Interstate 70 near Colorado Mills Parkway that left four people dead. The hefty sentence came as a result of mandatory sentencing after Aguilera-Mederos was convicted on 27 of 41 counts based on charges brought forward by the First Judicial District Attorney's Office.

That case was initiated by then-DA Peter Weir; the office operated by his successor, Alexis King, handled the trial this fall.

Since the sentence was announced, there's been significant public outcry calling for a sentence reduction. Close to five million people have signed a change.org petition calling for clemency, and such celebrities as Kim Kardashian West are pleading with Governor Jared Polis to grant clemency to Aguilera-Mederos. "As part of the process for all clemency applications, the administration is consulting with all the parties involved," says a Polis spokesperson. Meanwhile, state lawmakers have already promised to re-examine mandatory sentencing laws.

In the midst of this outcry, King now recommends a "sentence of between twenty and thirty years," she said during the virtual hearing on December 27. "This was not an accident, Judge."

But the judge cut off the DA with this: "You can issue your press release. This is a scheduling hearing."

During the hearing, Leonard Martinez, an attorney for Aguilera-Mederos, mentioned that he had spoken by phone with Polis earlier that morning. The governor's office has received a clemency application from Aguilera-Mederos but has not indicated what Polis's next move will be.

In the meantime, lawyers on both sides of the case will need to submit briefs to the court regarding resentencing by January 10. They'll be allowed to include letters from survivors and family members of the deceased, as well as people writing letters on behalf of Aguilera-Mederos. The judge noted that he would be willing to hear the words of victims in person, but said he'd prefer letters..

The four people killed in the fiery crash were 24-year-old Denver resident Miguel Angel Lamas Arellano; Doyle Harrison, a 61-year-old from Hudson; 67-year-old Arvadan William Bailey; and Stanley Politano, a 69-year-old who was also from Arvada.

Martinez and James Colgan, another attorney for Aguilera-Mederos, both questioned whether it was appropriate to allow victims to testify at the resentencing hearing. In response, the judge noted that state law requires that victims be granted that opportunity at resentencing.

Because of the Victim Rights Act, "I do think I have to hear from the victims. But I’m not requiring that they speak to me. They’ve already gone through the emotional tumult of the sentencing hearing on the 13th. I don’t want to put anybody through that again," Judge Jones said.

The lengthy sentence for Aguilera-Mederos isn't the only reason this case has generated controversy. One of the prosecutors in the case, Kayla Wildeman, bragged on Facebook about receiving a "brake shoe from a semi truck" that her colleague, Trevor Moritzky, turned into a memento to celebrate the conviction. The brake trophy display posted to Facebook includes Wildeman's name, the case number and "I-70 Case."

A significant portion of the case turned on whether Aguilera-Mederos was at fault for a crash that occurred after the brakes on his truck failed.

"The post was in very poor taste and does not reflect the values of my administration. We have addressed it internally," said King when asked about the trophy; she noted that the brakes in the piece were not actual evidence from the case.