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Attorneys Partly Blame Berthoud Teens For Crash

Nikko Landeros, Tyler Carron Lost Legs In Accident

POSTED: 11:39 pm MDT May 20, 2007
UPDATED: 1:26 pm MDT May 21, 2007

Two Berthoud High School wrestlers who lost their legs in a crash are now being blamed, in part, of causing the accident.

In court documents, the lawyers for Michele Berra, the young woman charged in the case, accuse the two boys who were injured of being impaired by alcohol when they pulled over to the side of the road to change a flat tire.

In a document filed Friday in Larimer County Court, Berra's attorneys said she plans to argue in her defense that the crash would not have happened if not for "the unforeseeable and unlawful conduct" of Nikko Landeros and Tyler Carron.

Both teens had been drinking and were impaired by alcohol, Berra's attorneys Stephen Peters and John Chanin said.

The teens were behind the vehicle when they were struck by Berra's vehicle on County Road 17. Both boys were pinned between the vehicles and had both their legs amputated as a result of injuries they sustained when they were pinned between the vehicles.

Berra, who also attends Berthoud High School, was charged with two counts of careless driving for the Jan. 15 crash.

The court documents filed by Berra's defense allege that Carron and Landeros had been drinking, rode on the flat tire for about a mile, passing six residential driveways where they could have pulled over safely. The defense claims if the two teens had not done those things, there never would have been an accident.

The document also alleged that Carron and Landeros obstructed their vehicle's tail lights when they stood behind the vehicle and didn't take evasive action when they saw a vehicle approaching theirs.

The Carron and Landeros families are shocked by the accusations.

"As with every hill in this emotional ride, we will deal with this as a family and get through it together. We can't have them lose their spirit," the families said in a released statement.

Carron's father, Bruce Carron said he had heard no reports that the boys were drinking.

"We're going to look into it. That's not the issue anyway. She still ran into them," he said.

The families said that due to the weather and snowplowed roads, the boys stopped their vehicle in the only spot available.

We will let this case be decided by the courts," the families' statement concluded.

A statement issued Monday by the lawyer representing Berra called the crash an accident and explained why the accusations against the two former high school wrestlers were raised:

"We had hoped that criminal charges would not be filed. Ms. Berra and her family were reluctant to bring these matters forward because she felt the boys had already suffered enough. Now that the District Attorney is pressing forward with the criminal case, we had no choice but to defend our client properly," the statement from John A. Chanin said in part.


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