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Francis Maudaniel Hernandez
Francis Maudaniel Hernandez is being held on three counts of vehicular homicide and three counts of hit and run.
ICE CREAM SHOP CRASH


Driver 'Grieving' Over Deaths From Ice Cream Crash, Attorney Says

Hernandez Placed On Immigration Hold

POSTED: 12:40 pm MDT September 8, 2008
UPDATED: 2:50 pm MDT September 8, 2008

The driver accused in a hit-and-run crash that killed three people at an ice cream shop in Aurora is "devastated" about the loss of life, his attorney said Thursday, minutes after he appeared in court for the first time.

Francis Hernandez, 23, was in an Arapahoe County courtroom Monday to be advised that he is being held on three counts of vehicular homicide, reckless driving, and hit-and-run.

Aurora police said Hernandez was driving a speeding sport utility vehicle that ran a red light, broadsided a pickup truck and shoved it into a Baskin Robbins ice cream shop. A boy sitting in the ice cream shop -- 3-year-old Marten Kudlis -- was flung out of the store and died moments later. Two women in the white pickup truck -- Patricia Guntharp, 49, and Debra Serecky, 51 -- died instantly.

No cameras were allowed in the courtroom Thursday and his family rushed out avoiding questions from the throng of reporters.

Defense attorney Kallman Elinoff said Hernandez and his family are distraught over the deaths.

"He's just devastated ... He's well aware of the value of life. Like I said, he's got two small children himself. He may be a young kid but when three people die as a result of your actions -- be it accidental or otherwise -- I don't think there's anything easy about grieving with that. And the time it takes to get over that. He's expressed very deep and sincere remorse," said Elinoff.

Elinoff said Hernandez couldn't talk about the crash and his family feel nothing but concern and sympathy for the families suffering from a lost loved one.

"They're devastated. They told me that their prayers and their thoughts are with the victims' families. They're not discussing anything about Francis or what they think about Francis. Their thoughts and comments were really directed toward expressing their grief to the families of all the victims in the case," Elinoff said.

On Monday, the judge also raised the Hernandez's bond to $250,000 from $100,000.

Although it is unclear if Hernandez is an illegal immigrant, Immigration and Customs Enforcement officials have issued a hold for Hernandez, who will be formally charged on Thursday.

Immigration officials said it appears that Hernandez was born outside the country. ICE spokesman Carl Rusnok said the detainer means that Hernandez will be released to immigration authorities if the state releases him.

Hernandez has listed California, Mexico and Guatemala as his places of birth in previous arrests.

Elinoff said he doesn't know of his client's immigration status but said that he thinks Hernandez has been in the country since he was a little boy.

According to court documents, Hernandez has an extensive criminal record and has used 11 different aliases. Aurora police said he has never had a license in his life. Among the 16 arrests he's had in five years, are arrests for assault, theft, fraud, forgery and driving under restraint. His most recent arrest in July was for resisting a police officer.

Marten's father, who visits daily a growing memorial for his son erected outside the Baskin Robbins, is outraged Hernandez was not deported after his arrests.

"I feel that the judge that let him out should go to jail with him. He had so many criminal records. He had such a bad history -- driving with no license. He killed two people, plus he killed my boy," said Marat Kudlis.

Kudlis and family friends question Hernandez's feeling of remorse, especially since Hernandez fled.

Hernandez ran from the crash scene, was picked up by a friend, and then showered and changed before police could arrest him at his home roughly two hours after the Thursday night crash, Aurora police Lt. John Sopranuk said.

Marten Kudlis will be buried Wednesday. The public is invited to his funeral, which will be held at 10 a.m. at the Fairmount Mortuary Chapel at 430 S. Quebec Street.


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