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Driver In Fatal Baskin Robbins Crash To Appear In Court

POSTED: 6:40 am MST November 10, 2008

A man accused of causing a crash that killed three people, including a 3-year-old boy, is scheduled in court to determine whether the case should go to trial.

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.

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.

Hernandez is expected in court Monday afternoon.

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