'Unprecedented': 2 Colorado District Attorneys Criticize Gov. Jared Polis For Commuting Sentence For Rogel Aguilera-Mederos
(CBS4) -- Two district attorneys in Colorado are criticizing the governor's decision to commute the sentence of a truck driver who caused a crash that killed four people and injured several others in Lakewood in 2019. Rogel Aguilera-Mederos was convicted of 27 counts, including vehicular homicide. Judge Bruce Jones sentenced him to 110 years in prison, citing minimum requirements under the law, but had agreed to hold a hearing to reconsider the sentence.
Polis announced the commutation on Dec. 30, 2021 -- two weeks ahead of the reconsideration hearing the judge had scheduled for Jan. 13, 2022. Polis reduced the sentence to 10 years -- making Aguilera-Mederos eligible for parole in five years.
On Jan. 20, Boulder County District Attorney Michael Dougherty, a Democrat, and Mesa County District Attorney Dan Rubinstein, a Republican, wrote a letter to the governor calling his decision "unprecedented." The district attorneys said the were concerned about the "process, timing and manner" of the commutation "...while the court was actively reconsidering the sentence."
"...our greatest concern is that you chose to intervene in a pending case, thereby undermining the integrity and confidence that Coloradans place in the justice system," the DAs wrote.
The DAs acknowledged the governor has the power to commute sentences in pending criminal cases but stated that it "creates a troubling precedent."
The DAs agreed the original sentence of 110 years was too severe but stated that a sentence of 10 years is "far too low for someone who kills four people in the appallingly reckless way in which Mr. Aguilera-Mederos chose to do so."
"If the court had been permitted to conduct the resentencing hearing scheduled for January 13, the judge of would have heard from attorneys for both the prosecution and defense, as well as the victims and their families, law enforcement officers and the defendant himself," they wrote. "That process is integral to the justice system."
RELATED: Judge Reacts To Gov. Jared Polis Reducing Sentence For Rogel Aguilera-Mederos
"Sentences should be influenced by facts and circumstances, not by petitions, online surveys or tweets," they added.
More than five million people signed an online petition to reduce the driver's 110-year sentence. The movement made headlines nationwide and caught the attention of celebrity activist Kim Kardashian West, who called on Polis to take action -- and then praised his decision.
Duane Bailey, who lost his brother William "Bill" Bailey, in the crash said he felt Polis "put himself above the law by not letting the court proceedings finish out."
"[We] were going to have a say at the hearing," Duane Bailey told CBS4. "The governor has decided political and social media pressure is more important than the victims of this crash," Duane Bailey stated.
On Wednesday, CBS4 reached out to the governor's office for a response and received the following statement:
"Governor Polis is a problem-solver and when he saw a problem like a bizarre 110-year sentence that undermined confidence in our criminal justice system, he used his legal authority to step in and fix it. Governor Polis has been clear about his thoughtful process and evaluates each clemency application individually, understands the weighty responsibility that comes with each decision and follows the law in making a decision. The Governor looked at this bizarre sentence and while there were many folks across Colorado and the country that wanted the Governor to do a complete pardon, he did not consider a pardon or full commutation of the sentence and brought the sentence in line with how others have been punished for similar crimes. The individual is guilty and is serving his sentence. There was clearly an urgency to remedy this sentence and restore confidence in the uniformity and fairness of our criminal justice system. Let the punishment fit the crime is a basic tenant of justice, and Coloradans are relieved to know that the punishment now fits the crime in this case."
The governor's full letter of commutation can be read here.
