In the United States, a 110-year prison sentence scandalizes public opinion

The death of four people in a pile-up in Colorado resulted in a very heavy sentence for a young truck driver of Cuban origin, who alleges brake failure. A petition with 5 million signatures and several celebrities, including Kim Kardashian, call for clemency.–

On April 25, 2019, near Denver, Rogel Aguilera-Mederos was driving on the I-70 freeway in a semi-trailer loaded with wood. In a descent, he sees at the last moment a line of cars stopped following an accident. His brakes are failing, he said, and his truck ends up in the immobilized vehicles, some of which are set on fire in shock. Assessment of the pile-up: four dead and six injured.

The young Cuban immigrant (23 years old at the time of the facts) was neither intoxicated, under the influence of drugs, nor in speeding. During the trial in October, however, he was found guilty of 27 of the 42 charges against him, including several “violent crimes”. And sentenced to 110 years in prison. The judges did not consider the wear of the brakes because, according to them, the driver was guilty of reckless driving: during the descent, he did not deviate on an alternate lane present at this place, which could have avoided the tragedy.

Incompressible sentences in Colorado

The verdict was announced with some embarrassment on December 13 by Jefferson County Court President Judge Bruce Jones, who said: “If I had the power, I would not have pronounced such a severe sanction.” Colorado laws indeed provide for irreducible penalties (mandatory minimums) and do not apply the principle of confusion of sentences: each sentence must be served successively.

Some Internet users have reported that the sanction is equivalent to life imprisonment imposed on Joaquín Guzmán Loera, known as “El Chapo”, the biggest drug trafficker on the planet. The scandalized reactions to a decision deemed disproportionate first came from the Cuban-American community, before being supported by a growing number of citizens. A petition launched on the Change.org site was about to cross the 5 million signature mark on Tuesday. The text submitted to the petitioners is surprised that the issues of brake maintenance and the liability of the company that owns the truck were neglected during the trial. Despite several reports, since 2017, for the carrier’s breaches of safety rules.

Appeal to the Governor

The signatories ask that the sentence be commuted, or that the convicted person benefit from a measure of clemency. Rogel Aguilera-Mederos’ family, namely his mother and his wife (the couple have a child), have announced their intention to appeal and have chosen a new lawyer to lead this battle. On Monday, Judge Bruce Jones agreed to hold a new hearing on January 13 to discuss a possible reduction in sentence.

Much hope also relates to an intervention by the governor of the state, Democrat Jared Polis. Elected in 2018, he relied on the Latin vote and has a progressive image: a supporter of the legalization of marijuana and the relaxation of migration policy, and detractor of the exploitation of shale gas. He is also the first openly gay governor in the country.