Following the Dec. 13 sentencing, millions have taken to social media to share their anger over the decision.
More than 4.5 million people have signed a change.org petition calling for Rogel Aguilera-Mederos to have his sentence commuted or to be pardoned, saying the crash was a tragedy but the sentencing is unfair. On social media, posts are also petitioning for truck drivers to boycott Colorado until Aguilera-Mederos is released or the law is changed.
During the sentencing, Judge A. Bruce Jones said his hands were tied when it came to sentencing because of mandatory minimum laws in the state. On Oct. 15, a jury convicted Aguilera-Mederos, 26, on most of the 42 counts he faced, including vehicular homicide, first-degree assault, attempted first-degree assault, reckless driving and careless driving.
He was also convicted on multiple counts of careless driving, reckless driving, and vehicular assault, though the jury found he was not guilty on several counts of attempted first-degree assault.
The motion filed by the district attorney's office states, in part, "as Colorado law required the imposition of the sentence in this case, the law also permits the Court to reconsider its sentence in an exceptional case involving unusual and extenuating circumstances."
As Colorado law required the imposition of the sentence in this case, the law also permits the Court to reconsider its sentence in an exceptional case involving unusual and extenuating circumstances. The People brought this option to the Court’s attention at the initial sentencing. C.R.S. 18-1.3-406(1)(a) permits this review after the receipt of a report on the Defendant’s diagnosis and evaluation. Now that the Defendant has been sentenced, the People again request the Court set a hearing as soon as practicable upon the receipt of the report. Consistent with the People and the Court’s obligation under the Victim Rights Amendment, the People have begun conferring with the victims in this case to obtain and consider their input in advance of the Court’s hearing and notify them of the date determined by the Court. The People intend to file supplemental information prior to the hearing.
Colorado Gov. Jared Polis confirmed he has received an application for clemency in this case.
"We have just received the application from his lawyer yesterday afternoon and my legal team is reviewing it at this time. We'll make an announcement once a decision has been made," he told a reporter.
The district attorney's office said since the motion "essentially re-opens the case," it means the office cannot comment further for the time being.
This motion comes after a social media post by a prosecutor who worked on the case sparked some controversy amid uproar over the sentence.