AURORA | A man sentenced to 60 years for a fiery 2008 Aurora crash that killed three people — including a toddler in an ice cream shop — is asking an Arapahoe County judge to reduce his sentence.
Francis Hernandez, 30, was convicted in 2010 of several charges, including child abuse resulting in death and three counts of vehicular homicide.
Arapahoe County District Court Judge John Wheeler later sentenced Hernandez to 60 years in prison. Hernandez won’t be eligible for parole until 2038, when he is 53 years old.
The Colorado Supreme Court rejected Hernandez’s appeal earlier this year.
Hernandez, who is currently serving his sentence at the Colorado State Penitentiary in Cañon City, is due in Arapahoe County District Court on Nov. 30 for a hearing on his request.
In a letter to Wheeler asking that his sentence be reduced, Hernandez said he is sorry for the crash and would like to have some hope of spending time with his two young daughters.
“I am really just asking for some hope, to give me please an opportunity to be part of my daughters’ lives,” he wrote.
Deputy District Attorney Rich Orman said prosecutors will oppose any reduction to Hernandez’s sentence.
“We think that the original sentence was an appropriate sentence and anything less would be a travesty of justice,” he said.
Police and prosecutors say Hernandez slammed a Chevrolet suburban into a pickup truck at East Mississippi Avenue and South Havana Street on Sept. 4, 2008, killing Patricia Guntharp, 49, of Centennial, and her passenger, Deb Serecky, 51, of Aurora. The impact sent both vehicles crashing into electrical boxes and a Baskin-Robbins ice cream shop, pulling 3-year-old Marten Kudlis out of the store and into the street. He later died. Hernandez fled the scene, police said, and was arrested later that night at his apartment in southeast Denver.
Jurors deliberated for just a few hours before handing down the unanimous verdict on 19 counts following an eight-day trial in February 2010.
Hernandez has not had a clean record while incarcerated. According to records filed as part of his request for a reduced sentence, he got in a fight with another inmate while at the Arapahoe County Jail and assaulted another inmate in prison. He served a year in a high-security unit for the prison assault.
On five separate occasions he has been caught with a blade, according to prison records, most recently in June.
Prison records also say he is affiliated with a gang, but the name of the gang is redacted from the record.
Hernandez’s lawyer argued in a motion that Hernandez has struggled to adjust to prison life and said a reduction in his sentence would give him an incentive to change his behavior.
Orman said Hernandez’s conduct in jail is a reason not to lower his sentence.
“It is extremely surprising to me that someone would argue that misbehavior in prison is a ground to reduce a sentence, normally one would think the opposite is the case,” he said.
Hernandez is an undocumented immigrant from Guatemala and will face deportation if he is released. In a motion, his lawyer said he plans to fight deportation and hopes to live in the Denver metro area with his wife and two daughters.
Hernandez’s arrest sparked outrage when it was revealed he had been arrested several times before the crash but was never deported.
During the trial, police came under fire for their handling of the case, including deleting police reports. The department later launched an internal investigation and changed the way they investigate fatal crashes as a result.
An illegal immigrant with gang ties, previous convictions, is never processed for deportation???
Kills 2 adults and a 3 year old boy.
Then proving he is less than human runs from the accident scene and hides.
Keep him in prison for the full term.
Bum. Hardly any of these miscreants get what they deserve, it seems he got close, now serve your time, murdering bum. Never deported, what law enforcement do we have any longer under Democrat rule? None. 12 million or so living here now, collecting welfare, sending their kids to our schools, and still nothing, horrible examples of American law enforcement.
Gofastgo, I don’t get what the 12 million have to do with this particular case? You make it seem as though all 12 million are on welfare… illegals cannot get any assistance and If u know of any, please provide factual info. I’m sick of people demeaning the Hispanic community as if they were bumbs… I ask u, do u see hispanics asking for money? No, it is usually whites and blacks, all this black lives matter crap, and misrepresentation by a small number of illegal criminals do not represent the whole. Then again, we are used to your rants here at the sentinel gofastgo…
https://cis.org/immigrant-welfare-use-2011
Gofaatgo, both your links point out that they were TEMPORARY due to low wages and or single parents. And in your cis.org study, it shows the illegal community pays more into over time and after the fact then they receive. My point is this: yes, they are illegals under the constitution, yes there are criminals in the 12 million here illegaly, and yes, a portion of them are on welfare, however, those do not represent the TRADITIONAL values this group bring to this country. Conservative principled values, unfortunately the media guides them to a different direction.
I have no Latino ties in my family and even thought like you did. However, do they loot? Do they start businesses like the blacks? Yes and on a faster pace. In doing I would prefer the Hispanic community in place of that of the African American, all they do is whine, they have bad attitudes, talk about drugs, prostitutes, they’re presentation, and even ruin a white girls life when they are in a relationship. Come on gofastgo, see things for what they are, a small crew of criminals do not represent the whole.
Comparisons? Well, you are now asking a completely different question. ‘which group are worse?’ Although wrong and illegal, they’re not as bad as others. Two wrongs don’t make a right, you’ve heard that I’m sure. Traditionally, I would agree on the basics, and family wise, not much comparison between the two groups.
https://www.fairus.org/publications/the-fiscal-burden-of-illegal-immigration-on-united-states-taxpayers
https://absoluterights.com/debunking-the-myth-that-illegal-aliens-dont-get-welfare/
Any reduction of his sentence would be a travesty of justice, especially considering his violent behavior in prison.
Yes, it would be. Illegal criminals doing bad things have no place in this country, in my view, they are ruining for those that follow the law and try to be part of this country. I know most would disagree but look at my post above. Blacks are on welfare more then the Hispanic community and are historically grieving with this whole black lives matter people.
I agree with gofastgo’s link on this one … and your response was off topic. Hispanics are more dependent on welfare than other groups if you look at the statistics.
very wrong! the link he provided did not show who receives more… whites receive the most because we are the majority, there are more of us. then there are Hispanics and then blacks… wake up!
Oh, come on … be genuine rather than just spin to make your point. You know what I meant … the statistics are in percentages.
Three sons don’t get to have their beloved Mother in their lives. Beautiful YOUNG Granddaughters don’t get to have Nana. Your choice creep to not have a part in your daughters lives due to your choices. None of us had a choice for Debbie to be with us. You are where you belong. She is not. We don’t have hope…….but you have the nerve to ask for hope. Selfish beyond belief!