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Colorado State Patrol

Judge hands down maximum prison sentence to reckless driver in deadly I-25 crash

Douglas County Judge Ryan J. Stuart sentenced James McDonald, 33, to 12 years in prison for a deadly crash on I-25 near the Douglas County Courthouse in Castle Rock.

On the afternoon of November 18, 2022, Colorado State Patrol responded to a single car rollover crash on northbound I-25 near exit 184. Troopers found a 2009 Mitsubishi Lancer on its side in a drainage ditch along the interstate.

The investigation revealed McDonald, the driver, was speeding and weaving in and out of traffic before losing control of his car and crashing into a guardrail. After colliding with the guardrail, the car went airborne and rolled before landing on its side in a ditch. While the vehicle was airborne, the backseat passenger was thrown from the car.

McDonald and his two passengers were taken to Sky Ridge Medical Center for medical treatment. Several hours later, the backseat passenger who was thrown from the vehicle ultimately passed away from her injuries.

McDonald was charged with Vehicular Homicide, a class 4 felony and Speeding, a class 2 traffic offense.

Accident reconstruction technology revealed prior to the crash, McDonald was traveling over 100 mph in a 65 mph posted speed zone. Investigators were also able to obtain a pre-crash data report from the car’s airbag module system which documented speeds in excess of 106 mph prior to the airbags deploying. Witnesses on-scene reported the car was traveling at a high rate of speed prior to the crash.

McDonald and his front seat passenger had seatbelts on. The investigation uncovered the backseat passenger was not wearing her seatbelt.

“This tragedy was 100-percent preventable,” Deputy District Attorney Keegan Doheney said. “This defendant’s selfish actions put the lives of everyone in that car in danger. It’s a miracle no one else was killed.”

Following a 3-day jury trial, McDonald was found guilty of Vehicle Homicide and Speeding. He received the maximum prison sentence allowed under Colorado law.

“There was no logical reason this defendant needed to endanger his passengers and other innocent motorists on I-25 by driving more than 40 mph over the posted speed limit,” Senior Deputy District Attorney Doug Bechtel said. “While no prison sentence can replace the sudden loss of a loved one, I hope this maximum sentence can bring some closure to the victim’s family.”

To report a dangerous or aggressive driver to Colorado State Patrol, dial *277.

James McDonald

6 years for Arapahoe Co. crash death caused by drunk driver, road rage

A drunk driver exhibiting road rage who caused a crash that killed an 19-year-old woman in rural Arapahoe County was sentenced to six years in prison.

Hector Frias-Chavarria

Arapahoe District Court Judge Eric White sentenced Hector Frias-Chavarria, 24, on Sept. 23. Frias-Chavarria pleaded guilty Feb. 8, 2021, to one count of vehicular homicide DUI and five counts of vehicular assault DUI for the crash that killed Valerie Vigil and seriously injured five other people. Other counts were dismissed as part of the plea agreement.

“Not only did this defendant choose to drink and drive – he also went into a rage and chased another driver,” said District Attorney John Kellner. “Road rage and DUI can both be deadly on their own, and he combined them with terrible consequences for Ms. Vigil, her family and five other people.”

On Sept. 8, 2019, Frias-Chavarria was driving his white Dodge Ram 1500 pickup on Watkins Road in unincorporated Arapahoe County, north of East Jewel Avenue and south of I-70. Frias-Chavarria had been involved in a minor traffic incident and was chasing the other vehicle, a gray Dodge Ram 1500 pickup. Frias-Chavarria moved to pass the gray Dodge Ram; when he did this, he collided head-on at 60 mph with a Volkswagen Jetta in which Vigil was a passenger. The gray Dodge Ram then crashed into Frias-Chavarria’s pickup.

Frias-Chavarria received minor injuries; his passenger sustained serious injuries.

The driver of the gray Dodge Ram received moderate injuries; his two juvenile passengers received minor injuries.

The driver of the Jetta and three of her passengers all sustained serious injuries. Front-seat passenger Vigil was declared dead at the scene.

The Arapahoe County Sheriff’s Office, Aurora Police Department, South Metro Fire Rescue and Colorado State Patrol all responded to the horrific crash, which tore the engine and transaxle from the Jetta and threw them into a nearby field. CSP was the investigating agency.

Vigil’s father, three siblings, grandmother, friends and some of those who were in the car with Vigil when she died attended the sentencing hearing.

“This defendant made the decision to drink and get in his truck with passengers and cause this violent wreck that caused the gruesome death of my daughter,” her father told the court. “He robbed the world of a very kind and compassionate person …. This is not about revenge – it is about justice.”

The case was prosecuted by Senior Deputy District Attorney Casey Brown. He asked the judge to impose the maximum sentence allowed under the plea agreement, eight years.

“The defendant was involved in a minor collision, then a road rage incident ensued. He wouldn’t let it go, and he pursued the other driver, attempting to pass him in oncoming lanes,” Brown said. “His blood-alcohol level at the time was well above legal limits, which impacted his decision-making and resulted in this terrible, irreversible outcome. The magnitude of this loss cannot be put into words.”

Semi driver guilty in death of CSP trooper

A Douglas County jury today found a man guilty of charges related to the death of an on-duty Colorado State Patrol trooper who he hit while driving a commercial tractor-trailer.

Noe Gamez-Ruiz, 46, of Denver, was found guilty of “careless driving – passing an emergency vehicle – resulting in death” in the 2016 death of Trooper Cody Donahue, who was 34 when he was killed.

The jury’s verdict came after a five-day trial before Douglas County District Court Judge Jeffrey Holmes.

The count is a Class 1 traffic offense punishable by up to a year in jail. The jury also found Gamez-Ruiz guilty of an added minor traffic offense, failure to stay in a lane. Sentencing is set for July 30.

On Nov 25, 2016, Donahue was investigating a crash scene near mile marker 175 on Interstate 25 in Douglas County. Gamez-Ruiz was driving a tractor-trailer that hit Donahue as he was standing on the side of the road.

“This conduct was so egregious, Colorado has since changed its laws to make this a felony. I am satisfied that this jury rendered the just and proper verdict given the evidence in this case,” said Chief Deputy District Attorney George Brauchler, who tried the case with Assistant District Attorney Tom Byrnes. “No outcome of this case can replace what Gamez-Ruiz took from the Donahue family — a husband, father, son, brother, friend and public servant. But it is formal recognition that the responsibility for Cody’s killing lies squarely with Gamez-Ruiz.”

“This was an important case for my office, the Colorado State Patrol and the Douglas County Sheriff’s Office,” said District Attorney John Kellner. “The men and women of the CSP come to work every day to keep the rest of us safe on Colorado’s roads. We owe it to them and Trooper Donahue to move over and give them room to do their jobs safely.”

Elbert driver who caused crash that killed 6-yr-old found guilty

An Elbert County jury determined late Friday that the man who caused a car crash that killed a 6-year-old girl is responsible for her death.

Gary Wayne Williams, 70, of Parker was found guilty April 23 of four felonies in the crash that killed Reagan Purdy.

Williams was driving his Toyota 4Runner westbound on I-70 in Elbert County on Nov. 18, 2018. He was pulling a trailer and lost control. He ended up facing eastbound in the westbound lanes. He drove the wrong way on the interstate for 3 miles and T-boned a Toyota Tundra that was veering off the road to avoid being hit by the wrong-way 4Runner. Reagan was in the rear seat of the Tundra. Reagan’s father was driving the Tundra and was seriously injured but survived.

“This defendant knowingly and recklessly drove his truck the wrong way on the interstate for 3 miles,” said District Attorney John Kellner. “If not for this defendant’s willful actions and reckless choices, young Reagan Purdy would still be alive. This verdict is the consequence.”

The jury convicted Williams of:
• Child abuse causing death, a Class 2 felony (F2)
• First-degree assault, F3
• Vehicular homicide, F4
• Vehicular assault, F5

The case was prosecuted by Deputy District Attorney Meghan Gallo and Chief Deputy District Attorney Eva Wilson.

Sentencing is set for June 8. The presumptive sentencing range for a Class 2 felony is 8-24 years in the Colorado Department of Corrections. The sentence enhancers in this case push the range to 16-48 years.

50 years for man who killed 2 while driving high in stolen truck

A Thornton man has been sentenced to 50 years in prison for killing two people from Texas and seriously injuring two others in a crash he caused while driving high in a stolen truck.

Skylar Pagano

Judge Jeffrey Holmes sentenced Skylar Pagano, 28, in Douglas County District via Webex on Thursday.

A jury found Pagano guilty on Dec. 16, 2019, of 17 counts, including vehicular homicide DUI in the deaths of Festus Poyner and Julee Davis, both of whom were 32 years old.

The judge noted the aggravated nature of the crime and the defendant’s past failures at rehabilitation. Pagano was on felony probation when he killed Poyner and Davis, as well as on bond awaiting sentencing in another felony. He had pleaded guilty to DUI just five months prior.

“You drove a stolen vehicle at a high rate of speed, passing vehicles on a curve, under the influence of substances – all of those things individually could lead to tragedy. Taken together, this outcome was almost inevitable,” Holmes told Pagano. “Your criminal history is extensive, and there is no indication of any remorse. You have already been exposed to almost every intervention the system has to offer you.”

“Selfish is not a big enough word for what this killer did. He took the lives of a 2-year-old boy’s parents. He shattered the little boy’s body and the lives of his grandparents and extended family,” said District Attorney George Brauchler. “But here is all you need to know about this guy: A month after his meth-fueled collision, when asked by law enforcement about killing two people, this amoral, self-loving destroyer of a young family said, ‘People die every day. I don’t care about them, I only care about myself.’ And that is all. No prison term would be too long for him.”

On May 20, 2018, Pagano was driving a stolen Ford F150 southbound on Colorado 83 with a female passenger. He was speeding – driving 80 mph where the speed limit was 65 mph. He moved to pass in a no-passing zone on a curve and hit a Toyota RAV4 driven by Poyner head-on.

The driver compartment of the RAV4 was crushed. Poyner and passenger Davis were declared dead at the scene. Their 2-year-old son was in a car seat in the back. He survived with serious, life-threatening injuries.

Pagano and his passenger were both seriously injured.

Pagano told investigators he was high on methamphetamines when he crashed.

While the families of Poyner and Davis displayed remarkable grace and compassion during proceedings, they urged the court to hold Pagano responsible for the consequences of his actions. Many travelled to Colorado from out of state at various times to give impact statements.

“There were 99 fractures in (their son’s) body – he had a full body cast, a wheelchair,” Davis’ older sister told the judge. “I don’t want (Pagano) to be able to hurt another person ever again.”

“I don’t believe this man deserves to be on the street to do this to anybody else,” Poyner’s brother said.

Prosecutors asked for a lengthy prison sentence.

The son of Davis and Poyner “has made a miraculous recovery, but that does not take away from the horror of what was done to him,” Deputy District Attorney Dan Warhola told the court. “This is a case where everywhere you turn, there is another aggravator more severe than the last.”

“None of this was an accident, and all of this was preventable,” added Chief Deputy District Attorney Brian Sugioka, who tried the case with Warhola.

Pagano was convicted of:

• 2 counts of vehicular homicide DUI
• 4 counts of first-degree assault
• 1 count of reckless child abuse
• 2 counts of vehicular homicide reckless driving
• 2 counts of vehicular assault DUI
• 2 counts vehicular assault (reckless)
• 1 count possession of drug paraphernalia
• 3 traffic counts

The young son of Davis and Poyner made a full recovery and does not remember the crash.

DA Brauchler addresses concerns raised during stay-at-home orders

District Attorney George Brauchler

Questions are increasingly being asked about enforcement of the statewide stay-at-home orders. The media has reported on some police impersonators, which has heightened concerns.

While there are civil and criminal penalties for violations of the public health orders, the primary goal of law enforcement it to encourage voluntary compliance. Law enforcement and public health officials are tasked with investigating possible violations of the orders, but if they question you, you do NOT need to provide any paperwork or documentation that your travel is essential. There are no checkpoints because of COVID-19.

In one case, a woman told Aurora police she was stopped by an impersonator questioning her reason for travel on March 25 near East Sixth Avenue and Havana Street. She was on her way home from her job at an essential business just after midnight.

Police investigated her claim. When none of the nearby surveillance cameras corroborated her story, the woman confessed to police she had made it up. She was worried that her employer was not issuing “travel papers” and wanted to use the fabricated incident to pressure her employer.

Some of the other Colorado incidents reported as impersonators have also turned out to be fabrications or misunderstandings on the part of the reporters.

Remember, no legitimate public health or law enforcement official will ask you for any COVID-19 related paperwork. If you have concerns that a stop is not bona fide, call 911 immediately from a safe place.

While peace officer impersonators are rare, they do exist. The 18th Judicial District Attorney’s Office has charged six people with that crime over the last three years. On Monday, an impersonation case was charged in Douglas County. The victim in that case reported that the defendant, a self-described bounty hunter in a car with flashing lights, pulled him over. This does not appear to be related to COVID-19 in any way, but that does not make it any less concerning.

“These are trying times on many levels for all of us. We need to work together to encourage everyone to follow the public health orders that are in effect,” said District Attorney George Brauchler. “We need to — and we will — support our law enforcement officers in this time. Making false reports of crimes is lying, wastes resources and weakens our system. Pretending to be law enforcement and usurping their authority for any purpose is an attack on the legitimacy of our system. Neither will be tolerated in our community.”

Grand jury indicts 2 in hit-run crash on C-470

Two men have been indicted by the 18th Judicial District Grand Jury in a hit-and-run crash on C-470 in which shots were fired.

Anas Giornazi was indicted on one count of perjury, one count of leaving the scene of the accident and one count of careless driving.

Marc Simmons was indicted on one count of illegal discharge of a firearm and one count of reckless endangerment.

The indictment alleges Giornazi was driving through a construction zone eastbound on C-470 near Quebec Street in Douglas County on May 3, 2019. Giornazi’s car hit a construction vehicle and he failed to stop.

Simmons and another driver followed Giornazi’s vehicle and boxed it in on the highway. The indictment alleges Simmons got out of his vehicle with a gun and fired bullets into Giornazi’s car.

Giornazi drove away. Simmons and the other driver both pulled off the highway and contacted law enforcement.
Investigators located Giornazi’s vehicle later that month.

The indictment alleges Giornazi lied to the grand jury when asked how his vehicle came to have bullet holes in it.

Criminal charges are merely a formal accusation that an individual has committed a crime. A defendant is presumed innocent unless proven guilty.

Aurora officer pleads guilty in DUI case

An Aurora police officer pleaded guilty last week to driving under the influence and prohibited used of a weapon – drunk with a gun. Both counts are misdemeanors.

Annette Brook

Douglas County Court Judge Susanna Meissner-Cutler on Jan. 9 sentenced Annette Brook, 56, of Parker, to 20 days of in-home detention and 12 months probation.

Prosecutors asked for 10 days in jail.

On June 17, 2019, Colorado State Patrol troopers responded to westbound C-470 and Lucent Boulevard in Douglas County on a report of a single-car crash.

A 2017 Jeep Cherokee driven by Brook, who was off-duty, had hit a concrete highway barrier.

Brooks said she had fallen asleep at the wheel, but it was determined her blood-alcohol content was 0.227, well above the legal limit of 0.08.

A loaded handgun was in a bag in the SUV.

“Nobody is above the law in our community. Police, plumber, principal, or otherwise are equally protected and accountable under our laws,” said District Attorney George Brauchler. “When a well-investigated DUI case is brought to us, we will pursue it without regard to title, occupation, station, or demographic. DUI is dangerous, illegal and wrong every single time.”

Douglas Co jury finds driver who was high guilty of all counts in double fatal crash

A Douglas County jury found a 27-year-old Thornton man guilty of killing two people from Texas and seriously injuring two others in a crash he caused while driving high in a stolen truck.

Skylar Pagano was found guilty Dec. 16 of 17 counts, including vehicular homicide DUI in the deaths of Festus Poyner and Julee Davis, both of whom were 32 years old.

Pagano was driving a stolen Ford F150 southbound on Colorado 83 with a female passenger. He was speeding – driving 80 mph where the speed limit was 65 mph. He moved to pass in a no-passing zone on a curve and hit a Toyota RAV4 driven by Poyner head-on.

Pagano and his passenger were both seriously injured.

Pagano told investigators he was high on methamphetamines when he crashed.

“There are few more selfish acts than getting high on drugs, climbing behind the wheel of a Ford F150, and speeding down the road used by our families,” said District Attorney George Brauchler. “Here, this narcissistic act did more than break nearly all the bones of the innocent parents of a 2-year-old boy, it broke his family — killing them and leaving him parentless. And in a discussion about killing two people, this guy callously responds ‘people die everyday.’ Despicable.”

Pagano was convicted of:
• 2 counts of vehicular homicide DUI
• 4 counts of first-degree assault
• 1 count of reckless child abuse
• 2 counts of vehicular homicide reckless driving
• 2 counts of vehicular assault DUI
• 2 counts vehicular assault (reckless)
• 1 count possession of drug paraphernalia
• 3 traffic counts

Sentencing is set for Feb. 18., 2020, at 1:30 p.m.

9 years for driver who hit, killed motorcyclist near Sedalia

A Parker man was sentenced this morning to 9 years in prison for hitting and killing a motorcyclist near Sedalia.

Ronald Hargrove

Douglas County District Court Judge David Stevens sentenced Ronald Hargrove, 49, to 9 years in prison for the Class 3 felony “leaving the scene of an accident involving death” in the death of Suzanne Weston of Parker, who was 69.

“You chose to take the risk of getting behind the wheel,” Stevens told Hargrove during sentencing May 28. “Everyone who was on the roadway that day was put at risk – the numbers caught up with you.”

Stevens cited the fact that Hargrove was driving with a revoked license and no sleep. He had two previous DUI convictions but refused to follow through with treatment and “violated out” of the substance abuse programs, Stevens noted.

Hargrove also had low levels of alcohol, THC and prescription medications in his system.

“Yet another driver who somehow feels that driving is a right, and not a privilege,” said District Attorney George Brauchler. “This man shouldn’t have been behind the wheel – let alone after consuming alcohol, marijuana and prescription drugs. But he made an irresponsible, selfish decision, and he cut short the life of Suzanne Weston.

“He has earned every day he will be behind bars for what he did to Suzanne and her family and friends. Hargrove’s sentence will end all too soon. The sentence he imposed on Suzanne Weston will be forever. This is why we build prisons.”

On Oct. 12, 2017, Weston was riding her motorcycle single file with three other motorcyclists on northbound U.S. 85 in Douglas County. The riders moved into the left-turn only lane and slowed to wait for a green light to run onto Colorado 67 toward Sedalia. Weston was last in line.

A 2010 Dodge Ram pickup driven by Hargrove was northbound on U.S. 85. The truck went from the right lane into the left turn lane and cut off other witnesses in a separate vehicle on scene. The truck hit Weston and continued off the right side of the southbound lanes, through a ditch, onto the frontage road. Hargrove got out of his truck, walked over to Weston lying in the road, then got back in the truck and continued driving on the frontage road, eventually heading southbound on 85.

Witnesses got the license plate number. Hargrove was pulled over and arrested by a Douglas County deputy a short time later. Hargrove admitted to fleeing the scene of the crash due because there were warrants for his arrest. His driving privileges in Colorado were suspended at the time.

Weston was taken to the hospital but did not survive her injuries.

Weston’s husband, friends and family spoke to the judge to advocate for a strong sentence.

“For many days I felt as though I could not breathe,” Weston’s stepdaughter said of the days after the crash killed the woman who raised her from age of 11. “When will the sound of Suzannes’ helmet hitting the pavement go away?”

She added: “I would like him to receive the maximum possible sentence for his crimes. I want the universe to punish him, beyond what the court can do, considering the life he took when he chose to consume alcohol, take marijuana and prescription drugs, and drive.”

On March 22, 2019, a Douglas County jury found Hargrove guilty of leaving the scene and of “vehicular homicide, reckless driving,” a Class 4 felony. Colorado law does not mandate prison time for either offense.

Prosecutors called Hargrove’s actions “horrific” and “appalling” in asking Stevens to impose the maximum sentence of 18 years in prison.

“It wasn’t an ‘accident’ in the moments after he crashed.” Deputy District Attorney Dan Warhola told the judge. “He got out of his truck, looked at what he had done, walked back to his truck and fled the scene. It was a choice. He left Suzanne Weston to die in the middle of the highway.”

“His driving was dangerous, reckless, and unsafe to himself and those he shared the roads with that day. Once again, an innocent life is taken because of the dangerous actions of another,” said Deputy District Attorney Joe Whitfield, who tried the case with Warhola. This was preventable. Now, because of his actions, Suzanne Weston’s family has to go on without their loved one.”

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