Related To Story ICE CREAM SHOP CRASH Images: Crash Scene Video: Ritter Orders Immigration Review Video: Suspect Formally Charged Video: Boy Buried Video: Governor Responds To Criticism Video: Driver's Illegal Immigrant Status Infuriates Video: Boy's Father Talks Video: Suspect Was Unlicensed Video: Boy's Family Visit Site Video: Community Mourns Video: Boy, 2 Adults Killed |
Judge Raises Bond For Suspect In Ice Cream Shop Crash
DA Formally Charges Hernandez With Vehicular Homicide
POSTED: 2:45 pm MDT September 11, 2008
UPDATED: 8:22 pm MDT September 11, 2008
AURORA, Colo. -- A suspect in a deadly ice cream shop crash appeared in court Thursday to learn once again that his bond has been raised.Francis Hernandez, 23, is being now being held on $350,000 bond, accused of killing three people.His defense attorney argued against the raising the bond saying that Hernandez didn't have any felonies on his record. However, prosecutors argued that he had been arrested numerous times and he has failed to appear in court on 19 occasions since 2004.
Hernandez, wearing an orange jumpsuit, shackles and handcuffs, waved to his girlfriend and his daughter, who appeared in court. The family members of several victims were also there to face the man they blame."I think the reason I came is to get some closure," said Richard Gagne, Patricia Guntharp's son. "I'm in the service (Army) and probably won't be here for any other hearings."The Arapahoe County District Attorney formally charged Hernandez with three counts of vehicular homicide, three counts of leaving the scene of an accident resulting in death, one count of vehicular assault, one count of leaving the scene of an accident involving serious bodily injury and one count of driving under restraint.Police said Hernandez has never had a driver's license."We have three people who are dead and one of them is a 3-year-old child, and his family is downstairs. They're trying to deal with that, at this point and trying to reconcile how in the world this could have happened," said Arapahoe County District Attorney Carol Chambers. "We have one family who couldn't be here today because they're burying their mother-wife-loved one."The third and final victim in the crash was laid to rest Thursday morning. A funeral for Debra Serecky was held at Fairmount Cemetery. Her husband said he's upset to learn the suspect was apparently in this country illegally."That was needless killings -- needless. If you're driving in this country, you need to follow the same rules we all do," said Bill Serecky.Defense attorney Kallman Elinoff argued that Hernandez's immigration status is irrelevant to the case. He said Hernandez has been in the United States since he was a little boy.He said Hernandez is like many people who came to this country legally as kids, but who failed to keep up with government paperwork once they became adults."They can never get passports, they can never get driver's licenses, they can never travel, they can't get on a plane and it's unfortunate," Elinoff said. "It's a lost generation of kids without a home."The defense attorney said Hernandez's sister is a citizen, his father is a resident and his mother is a citizen but that Hernandez can't hold a job for very long because he doesn't have the papers."He tried to join the military... a few years ago, but wasn't allowed to," Elinoff said.Chambers said this case is a reminder of how important it is to exercise caution when driving a heavy vehicle."We will work diligently to get justice for everybody in this matter," she said.Serecky's best friend, Patricia Guntharp, was buried Wednesday night. The family of 3-year-old Marten Kudlis held his funeral service Wednesday morning.A preliminary hearing for Hernandez is scheduled Nov. 10.
Previous Stories:
- September 10, 2008: Affidavit: Driver Ran To Hooters After Ice Cream Crash
- September 10, 2008: Family Buries Boy Killed In Ice Cream Crash
- September 9, 2008: No Record Of ICE Inquiry In Illegal Immigrant's Case
- September 8, 2008: Driver's Illegal Immigrant Status Infuriates Victims' Families
- September 8, 2008: Driver 'Grieving' Over Deaths From Ice Cream Crash, Attorney Says
- September 5, 2008: Police: Unlicensed Driver Sparked Deadly Ice Cream Shop Crash
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