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Colorado man gets 4 years for drunk driving into crash scene, striking first responders

A 25-year-old Brighton man was sentenced to four years in prison Friday for injuring police officers and firefighters who were working at an interstate crash scene last year.

Benjamin Winters drove a Toyota Tacoma pickup truck onto the left shoulder to get around a fire truck that was blocking westbound Interstate 76 traffic on Dec. 7. His truck returned to the roadway and hit the four first responders before coming to a stop.

"Fire apparatus and other vehicles were positioned such that traffic was directed to pull over to the right and go around," Commerce City Police Chief Darrel Guadnola said a day later. "And this driver, for whatever reason, found a small opening between the left shoulder and the back of the fire apparatus and decided to go around the left instead of the right at which time he struck the four individuals who were working."   

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In an image taken from video recorded by a Commerce City Police Department officer's bodycam, a South Adams Fire Department firefighter is seen going airborne immediately after being hit by a Toyota pickup truck driven by Benjamin Winters. Winters was sentenced to prison Friday for injuring four first responders in last December's collision. Commerce City Police Department

As other first responders began to treat their colleagues, Winters was taken into custody. He was immediately suspect of driving under the influence, according to details provided by the Commerce City Police Department.

All four first responders were taken to a hospital. One firefighter was critically injured.

"I've never had to go through this before. I do not want to do it again," said an emotional South Adams County Fire Chief Ken Koger after the incident.  

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In an image taken from a police officer's bodycam, first responders are seen falling after a Toyota Tacoma driving by Benjamin Winters entered a crash scene and struck them.  Commerce City Police Department

Six months after the accident, Winters pleaded guilty to charges brought against him. At that time, one Commerce City PD officer and one South Adams County Fire Department firefighter had not returned to duty due to their injuries. 

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In an image taken from a police officer's bodycam video, a South Adams Fire Department firefighter reacts seconds after four other first responders were struck at a crash scene by a DUI driver.   Commerce City Police Department

"We've talked, we've talked and we've talked and nobody's listening here," Colorado State Patrol Master Sgt. Gary Cutler added. His agency investigated the collision and recommended charges against Winters. 

"We still get these DUIs that are coming out. It comes down to laziness and being self-absorbed. There's no reason that anybody needs to be drinking and driving. There are way too many ways out there that you can get a rideshare, a friend, stay somewhere. But if you're going to drink, you absolutely can not be getting out behind the wheel and actually going out there and hurting people."

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An SUV partially loaded onto a flatbed tow truck was involved in the original crash in the westbound lanes of I-76 near 104th Avenue in December 2023. The truck on the left of the photo drove into the scene and hit four first responders.  Commerce City Police Department/Facebook

Winters received four years for a single count of Vehicular Assault-DUI and one year each for three counts of Vehicular Assault-First Responder. Adams County District Judge Sean Finn allowed Winters to serve latter three terms at the same time as the single DUI count.

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Benjamin Winters following his arrest.  Adams County Sheriff's Office
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