Driver In Fatal Baskin Robbins Crash Faces 19 Charges

Updated: Nov 11, 2008 01:36 PM PST


CENTENNIAL - A man accused of causing a crash that killed three people, including a 3-year-old boy, faces a total of 19 charges after appearing in court Monday afternoon.

Police said Francis Hernandez, 23, was speeding more than 70 mph and ran a red light before hitting a pickup truck broadside and sending it crashing into an Aurora ice cream store on Sept. 4. Two women in the pickup truck died in the crash, in addition to the 3-year-old who was sitting in the ice cream shop.

Hernandez is charged with:

Child Abuse Resulting in Death, a class 2 felony with a penalty range of 16-48 years
Child Abuse Resulting in Bodily Injury, a class 1 misdemeanor with a penalty range of up to 2 years in jail
3 counts of Third Degree Assault, a class 1 misdemeanor with a penalty range of up to 2 years in jail per count
4 counts of Leaving the Scene of an Accident, a class 1 misdemeanor with a penalty range of up to 18 months in jail per count
3 counts of Leaving the Scene of an Accident Involving Death, this is a class 3 felony with a penalty range of 4-12 years per count
3 counts of Vehicular Homicide, this is a class 3 felony with a penalty range of 4-12 years per count
1 count of Vehicular Assault, this is a class 5 felony with a penalty range of 1-3 years
1 count of Leaving the Scene of an Accident Involving Serious Bodily Injury, this is a class 5 felony with a penalty range of 1-3 years
1 count of Driving Under Restraint, this is a class 1 misdemeanor with a penalty range of up to 6 months in jail
1 count of Third Degree Assault, a class 1 misdemeanor with a penalty range of up to 2 years in jail
3 counts of Leaving the Scene of an Accident Involving Death, this is a class 3 felony with a penalty range of 4-12 years per count
3 counts of Vehicular Homicide, this is a class 3 felony with a penalty range of 4-12 years per count
1 count of Vehicular Assault, this is a class 5 felony with a penalty range of 1-3 years
1 count of Leaving the Scene of an Accident Involving Serious Bodily Injury, this is a class 5 felony with a penalty range of 1-3 years
1 count of Driving Under Restraint, this is a class 1 misdemeanor with a penalty range of up to 6 months in jail
1 count of Third Degree Assault, a class 1 misdemeanor with a penalty range of up to 2 years in jail

The accident triggered a public uproar after it was revealed Hernandez had no driver's license, a long driving offense record, and was in the country illegally, but was never deported.

A toxicology report released last week showed the driver of the pickup truck had meth in her system, prompting Hernandez's attorney to suggest that vehicular homicide charges against his client should be dropped.

http://www.krdo.com/Global/story.asp?S=9326180