Thread: City of Denver blamed in illegal immigrant's deadly crash

I hope she gets all she is asking. And I am sure she will if there is a jury

Debra Serecky, 51, of Aurora, and Patricia Guntharp, 49, of Centennial, who were in the Mazda, were killed in the accident. Three-year-old Marten Kudlis, of Aurora, who was sitting by a window inside the ice cream shop, was dragged to his death.

You would think the families of these others could sue the city and the state and the Federal government for wrongful death since this ILLEGAL should never have been in this country to begin with. They all failed to protect the borders and or the immigration laws.And what was he doing driving?

Woman: Denver owes her $1.9M in immigrant-caused crash
By Christopher N. Osher
The Denver Post
Posted: 02/03/2009 05:14:41 PM MST
Updated: 02/03/2009 05:14:52 PM MST

The city of Denver bears some responsibility for a crash involving an illegal immigrant that killed three people in Aurora, and should pay a woman who was injured $1.9 million, a claim filed with the city states.

The Sept. 4 multiple-vehicle collision left the woman, Margaret Rains, of Englewood seriously injured, the claim states.

Officials in the city attorney's office did not return telephone messages or e-mails seeking comment.

Francis Hernandez, 23, a native of Guatemala, is charged with three counts of vehicular homicide and three counts of leaving the scene of an accident.

He crashed his Chevy Suburban into a Mazda pickup that was making a turn. Two women in the truck were killed, and their truck slammed into a Baskin-Robbins ice crime store, killing a 3-year-old boy.

The claim filed on behalf of Rains states that Hernandez had been arrested at least 16 times in the three to four years before the Sept. 4 collision, and that many of those arrests occurred in Denver.

"However, despite these numerous arrests and the readily ascertainable illegal immigrant status of Mr. Hernandez, at no time were proper procedures relating to the reporting, detention and handling of illegal immigrants followed by the law enforcement agencies of the city of Denver," the claim states.

The claim, which was filed in November, is a precursor to a lawsuit.

Stuart Morse, the lawyer who filed the claim, said he is considering filing similar claims against other jurisdictions where Hernandez had been arrested in the past.

The claim states that Rains suffered facial lacerations and extensive dental repairs. She also has suffered psychological trauma, it states.

Another woman, Haley Tepe, of Aurora also filed a claim seeking $100,000 in damages from the city. She suffered lacerations and contusions, the claim, also filed by Morse states.

Christopher N. Osher: 303-954-1747 or cosher@denverpost.com

http://www.denverpost.com/breakingnews/ci_11619813

An article posted above was updated to the following:

2 hurt in ice cream shop crash seek damages from Denver
By Daniel J. Chacon, Rocky Mountain News
Published February 3, 2009 at 1:19 p.m.
Updated February 3, 2009 at 11:54 p.m.

Two women sitting inside a Baskin-Robbins ice cream shop in Aurora when an illegal immigrant allegedly caused an accident that killed three people have filed separate claims seeking monetary damages from the city of Denver.

Margaret Rains and Haley Tepe, who were both seriously injured in the Sept. 4 crash, allege that the city shares the blame because Denver police had arrested 23-year-old Francis Hernandez several times before the accident, but Hernandez was never deported. Rains, of Englewood, is seeking nearly $1.9 million, and Tepe, of Aurora, is asking for $100,000.

"The city of Denver has a sanctuary policy for individuals who are in the country illegally and has done nothing to deport those people or report them to the appropriate authorities such that they continue to be dangerous to society," said Stuart Morse, their attorney.

"We believe that had the city and county of Denver fulfilled its obligations under the law, Mr. Hernandez would not have been there that night and could not have caused these terrible injuries and damages that my clients and obviously others sustained," he said Tuesday.

Hernandez is accused of driving an SUV that broadsided a Mazda pickup truck, sending both vehicles crashing into the ice cream shop on South Havana Street.

Debra Serecky, 51, of Aurora, and Patricia Guntharp, 49, of Centennial, who were in the Mazda, were killed in the accident. Three-year-old Marten Kudlis, of Aurora, who was sitting by a window inside the ice cream shop, was dragged to his death.

Rains and Tepe "were physically impacted by the Mazda truck and the force of debris associated with the collision," according to Rains' claim, which is a precursor to a lawsuit.

Several law enforcement agencies, not just Denver, had arrested Hernandez nearly 20 times altogether in the five years before the accident. But Hernandez, who was born in Guatemala and entered the U.S. illegally in 1991 at age 5, was not deported.

According to the Colorado Bureau of Investigation, Hernandez had been arrested by law enforcement agencies in Aurora, Broomfield, Denver, Lakewood, Longmont, Westminster and Arapahoe, Boulder and Gilpin counties.

Morse said he plans to file a claim against the city of Aurora in coming days and that his firm is still investigating the extent of "actual contact" between Hernandez and the other jurisdictions.

"It's much more readily apparent that he's had a significant amount of contact with the city and county of Denver," he said.

Sue Cobb, a spokeswoman for the city, would only say that the Denver city attorney's office was aware of the two claims.

Rains' claim was filed first.

It alleges that several of, "if not most of" Hernandez's arrests before the crash were in Denver.


http://rockymountainnews.com

Added to Homepage but with original title of the article:

http://www.alipac.us/article-3952--0-0.html

According to the Colorado Bureau of Investigation, Hernandez had been arrested by law enforcement agencies in Aurora, Broomfield, Denver, Lakewood, Longmont, Westminster and Arapahoe, Boulder and Gilpin counties

There's so many cities and counties he was arrested in, the reporter has to list them in alphabetical order.

At the time, a spokeswoman for Mayor John Hickenlooper denied the charge and said "the fact that Rep. Tancredo continues to repeat his assertions that Denver is a 'sanctuary city' does not make them true."

He's wrong the actions of the city of letting him go 20 times PROVES Denver is a sanctuary city!!!

Our government officials cry that we should show compassion when it comes to illegal aliens getting AMNESTY... (not that they are really concerned about the the individual illegal alien, but more interested in pleasing dirty corrupt globalists and business that want cheap labor who are in line with the globalist plan)...WHERE IS THE COMPASSION ON THE CITIZENS OF THIS COUNTRY AND THEIR RIGHTS???? DO YOUR JOBS!!! OR GET OUT OF OUR GOVERNMENT!!!!!!!!!!!!!!
I know that RITTER, PERLMUTTER AND UDALL ARE FOR AMNESTY... I GUESS AT ANY COST!!!!!!!!!!!!!!!!!!! OBAMA TOO?!!!!!!!!!!!

I hope they don't settle with the city for a monetary award and this case goes all the way to the Supreme Court!

Good thing is if they win, then all other lawsuits in the future all over the country will win as well!!! Win this one we could win them all. But regardless of the court decision no one will really be a winner from this incident.

Post the dead's photos on a bilboard all over Denver saying:

" The City of Denver would rather see you like this ( Photos of the dead here ) than alive and paying your taxes"


Time to grow a spine people.