Melanie, so sorry for you loss.

Am outraged to hear about this and anxious to hear the outcome. Firing off an email to that DA for sure.

 

Well, like others I sent my e-mail. Thought you all might want to see the response I got back from Mr. Foote just today

it reads:

Dear Mr. __________


Court & attorney rules prohibit me from speaking about the case specifically outside of the courtroom. However, I can tell you that the information you apparently received is not completely accurate. Further investigation is pending and no offer has been made to the defense in this case yet.

As for the careless driving statute and its penalties, being in the military you probably know more than most that we must work within the rules and statutes that we are given. The proper place to direct your complaints about the careless driving statute would be the Colorado state legislature.

Sincerely,

Michael Foote
Deputy District Attorney


Sounds like bull-crap tp me.

Keep us informed Melanie.....and BTW........I cited the information you gave us varbatim back to Mr. Foote......wher does the inaccuracy lie?

 

[size=2]RE: "Sounds like bull-crap to me. "

I think something strange is going on! My family was very concerned with this case and, in November, met with the DA, Ken Kupfner and the ADA, Mike Foote, to get facts and find out what was going on. They promised us they would keep us informed and wouldn't make any offers without consulting us first. My sister called the DA's office several days after the meeting to get a progress report. She was told by the victims advocate (who was also at the meeting) that they were going to make the offer of 100 hrs. community service and a fine. When I finally contacted Mr. Foote he claimed this wasn't true. When I pressed him, he insinuated that this is basically out of his hands and the judge probably won't accept any penalty more than community service and a fine.

The interesting thing is that we can't get certain information on this case! I was recently asked if Mr. Martinez was a citizen. I didn't know the answer so I emailed Mr. Foote and asked. Here is his reply:

Melanie - the only way I would know would be to check for a driver's license or check his criminal history. I don't think I can release any of that information for the reasons I spoke about in November. I'm sorry.

Mike Foote

Mr. Foote needs to check for a drivers license?! This is a traffic incident involving death and he hasn't checked for a driver's license?! My god! Whose side are they on!

I was interested in Martinez' citizenship status because I just found out about another very disturbing accident that occurred Sept. 21st. Before you read the story, be informed that the driver, Francisco Montero, was "accidentally" deported to Mexico. He will probably never face any charges. The story follows:

Police investigating fatal motorcycle accident

Police have arrested a 42-year-old Boulder man in connection with a fatal motorcycle accident near the intersection of 29th Street and Valmont Road at 8:45 p.m. Wednesday.

Francisco Montero was booked Thursday on suspicion of careless driving resulting in death, no proof of insurance and driving under suspension. He is suspected of cutting off the motorcycle, which was headed east on Valmont Road. Montero was driving a Chrysler Concord west on Valmont Road and made a left turn in front of the motorcyclist, police said.

The name of the 51-year-old motorcyclist, of Lafayette, was not released Thursday pending notification of family members. He was transported to Boulder Community Hospital but did not survive, police said. Investigators said he was wearing a helmet at the time of the accident.

There is no indication that alcohol or drugs were involved or that either vehicle malfunctioned, police officials said.

There is also another case that occurred Nov. 23rd where a teenager was text messaging on his cell phone while driving. He crossed into the bicycle lane and killed a cyclist. The teenager has already been to court where he was charged with careless driving resulting in death. His next court date is Jan. 17th. Why has nothing happened in my fathers case? For those of you interested in reading the whole story involving the accidental deportation of Francisco Montero, here is the story:

Driver in fatal crash deported by mistake

[size=1]Gaffe by jail leads to defendant's return to Mexico

By Christine Reid, Camera Staff Writer
December 14, 2005

A driver accused of killing a Lafayette motorcyclist will not answer to criminal charges because a "scheduling snafu" by Boulder County Jail officials ended with his deportation back to Mexico, a Boulder prosecutor says.

Francisco Montero, 42, was behind the wheel of a Chrysler Concorde on Valmont Road on Sept. 21 when police said he caused the fatal crash by cutting off Dale Englerth, 51.

Montero was charged with careless driving resulting in death.

Bou

 

Melanie.....sounds like something is rotten in Denmark [as they say]. Personally I would not put too much stock in what a victim's advocate supposedly said.....but was that victom's advocate acting for Mr. Martinez??????? HE IS A VICTIM HERE?.......that is a load of caca as well.

Take a look at what Foote wrote to me below.......he is basically saying that rules are rules and all else is outside his control.....well, rules may be rules but even with me being in the military and Foote bound by Colorado State Law.......these things do not override knowing the difference between right and wrong.........rules can go to hell as far as I am concerned when it comes down to a moral/ethical/logical/rational way of behaving.

Foote wrote:

As for the careless driving statute and its penalties, being in the military you probably know more than most that we must work within the rules and statutes that we are given. The proper place to direct your complaints about the careless driving statute would be the Colorado state legislature.

If anyone could challenge state law [even if he is not successful] it would be the DA.

Keep us updated....and good luck dear.

 

Sorry to here of your loss and the cutting short of his life. The days that were stolen from him and yours, were his most precious. The days of retirement and doing the things you like to do, not those working for the “Man”. Those days spoiling grandkids and traveling the country seeing the sites.

This whole country is being over loaded the likes of this illegal. They tax or overload every state and federal system out there. From the illegal point of view, this is truly the land of milk and honey. If I were in Poco’s shoes, I would do the same. Travel to the U.S. and put both hands out. If I had my hand slapped, I put it out again. As long as we give a single dollar to an immigrant, illegal or not, they will come. I don’t know what the solution is, but closing the border and enforcing the border is a good start. Then start working on deporting all the problems back to where ever they came.

Look at this problem as a sinking ship. Plug the whole and then start bailing!

I don’ think we are ever going to here from Mr. Francisco Montero, he’ll be back in a difference U.S. city using one of his many names.

As far a jailing this idiot that killed your dad, I think we need to engage with the Mexican Government and have him jailed in Mexico, not here in the states and wasting all our dollars. Any illegal that commits a crime should have the same. Instead of building new jails here in the U.S., let’s build some in Mexico and send them all there. It has got to be cheaper to build one and operate one there…

Every one of our elected officials is a bunch of ******! All of them, they don’t have one testicial among them. “Sorry about the gender slamming, but I was the best way to express myself at the moment. “

 

I am sorry for your loss.

I e-mailed with the new e-mail address and will call his office and leave a message later tonight.

What that man did was manslaughter. (3rd degree murder).

He definitly needs a more just punishment.

David

 

Sorry to here about your Father . Prayers to you and your Family for the Loss of a Love one.
I do agree that for this crime that he should have received more , Id be out for Blood.
Father accept this man through them Pearly Gates and greet him with a New Harley to ride in Heaven.

 

Melanie: Sorry for your loss. I have watched cases like this go thru the courts for years. Here is my 2 cents worth of advise: Let the DA and Judge do what ever they are going to do as long as there is some criminal action against the guy. Then you make an effort to learn everything that you can about the guy, the traffic case investigation, work history, family history, residence address, property ownership, best friends identifications, etc. Then you bring a "Wrongful Death Civil Suit" against him. Winning such a suit won't make him pay a thing unless you know all about him. Make his life a living hell with collection agencies, foreclosures and anything else you can come up with. In the long run, he will suffer more being made to think about taking your Dad's life every time he brings in some money than he would doing some jail time and then be scottfree. Make darn sure that his fingerprints are registered with the national fingerprint registry so that if he runs to Mexico and comes back under another name, they will nail him the first time he is stopped and printed. ............... BC

 

It is starting to make sense now. Being an illegal is almost like a get out of jail free card. A few months ago a mexican almost killed someone with his car in front of my store. This is in Bham Alabama. So the cop starts taking info and such, the mexican comes into my store to by a six pack of beer. We refuse service because he is so drunk he cant walk straight. Bloodshot eyes, stinking of beer. So he goes back into my parking lot and sits on the curb by the cop. Says no ablo English and smiles. About ten minutes later he looks at his watch and walks away. The cop asks us were he went. We tell him"Well since you did not handcuff him and put him in your car like you would have done to a US citizen I guess he is at home drinking a brew having a laff" The victems are wondering where this nut is and why the officer did not arrest him and the cop pulled out the standard answer. "Well its a civil matter anyway". This is not a insult to police officers in any way.

Research this. Maybe hire a lawyer that worked in the DA's office earlier.
Colorado laws:
18-3-205. Vehicular assault.
Statute text
(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault. Vehicular assault, in violation of paragraph (a) of this subsection (1), is a class 5 felony.

Vehicular assault is distinguishable from second degree assault described in § 18-3-203 (1)(d), and therefore these sections do not violate equal protection. The statutes differ in three primary ways. Second degree assault applies to a range of unspecified conduct, while vehicular assault applies narrowly to driving or operating a motor vehicle. Second degree assault can apply to acts of omission, while vehicular assault requires acts of commission. Second degree assault applies to any deadly weapon, which may include a motor vehicle, while vehicular assault requires the defendant's reckless driving or operation of a motor vehicle to have proximately caused the serious bodily injury. People v. Stewart, 55 P.3d 107 (Colo. 2002).

Violation of reckless vehicular assault statute is a predicate crime of violence for purposes of the United States sentencing guidelines. Subsection (1)(a) creates a categorical crime of violence because it reaches only conduct involving the use of force as required under the sentencing guidelines.


18-3-106. Vehicular homicide.
Statute text
(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.

Vehicular homicide, in violation of paragraph (a) of this subsection (1), is a class 4 felony.

Purpose of section. The offense of driving an automobile in a careless and reckless manner and at an excessive rate of speed, especially when under the influence of intoxicating liquor, was created for the very purpose of preventing collisions and consequent injury to others who may be on the highway. Daniels v. People, 159 Colo. 190, 411 P.2d 316 (1966).

The gravamen of both this section and vehicular assault, § 18-3-205, is the "reckless" operation or driving of a motor vehicle, which results in the death of or serious bodily injury to another. People v. Sexton, 192 Colo. 81, 555 P.2d 1151 (1976).

More severe penalty for vehicular homicide does not deny equal protection. It cannot be said that the legislature's decision to provide a more severe penalty for vehicular homicide than for criminal negligent homicide is arbitrary or unreasonable. The state has a legitimate interest in discouraging a specific evil which it believes to be of greater societal consequence. This choice does not offend equal protection. People v. Hulse, 192 Colo. 302, 557 P.2d 1205 (1976).

Defendant's fatigue could not be considered an independent intervening cause which would relieve the def

 

Links to check out
This one is important
http://www.lonewolfindustries.com/pepcoda/

http://caselaw.lp.findlaw.com/script...t07226&invol=1

http://www.sportslawnews.com/archive...ersentence.htm

http://crime.about.com/od/victims/qt/victims_co.htm

http://www.co.jefferson.co.us/ext/dp...ss/leakeSE.htm

http://www.co.jefferson.co.us/ext/dp...ress/ulmer.htm


http://www.co.jefferson.co.us/ext/dp...ess/roybal.htm

http://www.abateofcolo.org/index1.htm