Hernandez trial set to begin over 2008 triple-fatal crash
By BRANDON JOHANSSON
The Aurora Sentinel
Published: Thursday, February 4, 2010 2:15 PM MST


AURORA | Almost 18 months after police say he caused a crash that killed three people, including a toddler in an ice cream shop, Francis Hernandez is scheduled to go on trial next week in an Arapahoe County courtroom.

Hernandez, 28, faces a slew of charges, including vehicular homicide and child abuse resulting in death.

Police say he slammed into a pickup truck Sept. 4, 2008, killing Patricia Guntharp, 49, of Centennial, and her passenger, Debra Serecky, 51, of Aurora. The impact sent both vehicles crashing into a Baskin-Robbins ice cream shop, pulling 2-year-old Marten Kudlis out of the store and into the street. He later died.

Prosecutors and Hernandez’s lawyer said at a hearing last week they were prepared to proceed to trial. The trial is scheduled to last two weeks, with jury selection finishing sometime Tuesday morning and the prosecution’s first witness — scheduled to be Kudlis’ mother — taking the stand Tuesday afternoon.

According to prosecutors at last week’s hearing, they plan to show surveillance video from the Baskin-Robbins where Kudlis was that night.

Prosecutors also have a variety of pictures of the victims they plan to show, the first being a picture of Kudlis.

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Based on testimony during Hernandez’s preliminary hearing and testimony at last week’s pretrial conference, much of the trial will likely hinge on who was at fault for the crash.

Prosecutors are expected to point the finger at Hernandez, who police say was driving more than 70 mph in a 40 mph zone and possibly ran a red light seconds before slamming his Chevrolet Suburban into Guntharp’s Ford Ranger.

Hernandez’s lawyers, however, will likely point the finger at Guntharp, who pulled in front of Hernandez, crossed a double yellow line and had methamphetamine in her system when she died.

At last week’s hearing, the lead prosecutor in the case, Deputy District Attorney Rich Orman said he expected Hernandez’s defense team to “argue Guntharp was grossly negligent.â€