A judge on Monday set a hearing to potentially resentence Rogel Aguilera-Mederos, the truck driver ordered to serve 110 years in prison for killing four people in a crash on Interstate 70 in Lakewood in 2019.

The resentencing hearing, scheduled for 1:30 p.m. Jan. 13 at the Jefferson County courthouse, will be held in-person unless COVID-19 risks prevent that from happening.

District Attorney Alexis King said she intends to ask the court for a reduced sentence of 20 to 30 years; however, Aguilera-Mederos’ defense attorneys are expected to ask the judge for an even more lenient sentence.

In a statement, defense attorney Leonard Martinez said Aguilera-Mederos’ legal team is also looking into the possibility of receiving clemency from Gov. Jared Polis. Nearly 5 million people have signed a petition calling for the governor to grant Aguilera-Mederos clemency, and governor’s office said it is reviewing the clemency application.

“Although we are glad to have the District Attorney acknowledge the unjust sentence that was handed to our client, this sentence is still not consistent with the precedent of prior similar cases,” Martinez said. “We plan to move forward and to keep all options open in achieving Justice for Rogel.”

Aguilera-Mederos, 26, was given a lengthy prison term because of mandatory minimum sentencing laws that require the sentences to run consecutively, rather than at the same time. Judge A. Bruce Jones has said he would not have imposed the sentences consecutively if it were up to him.

“I’m going to invoke it, but I’d like to do so appropriately and not with built-in procedural flaws,” he said during Monday’s hearing. “It seems to me that the statute potentially goes from taking away all my discretion, as I commented during the sentencing … to where the sentence is totally at my discretion, which, by the way, I find troubling.”

Aguilera-Mederos was convicted of 27 counts — including vehicular homicide, assault and attempted assault — for the crash on April 25, 2019, that involved 28 vehicles and killed 24-year-old Miguel Angel Lamas Arellano, 67-year-old William Bailey, 61-year-old Doyle Harrison and 69-year-old Stanley Politano.

During the crash, Aguilera-Mederos’ brakes failed while he was driving 85 mph in a 45 mph zone. Prosecutors said Aguilera-Mederos was riding his brakes and didn’t use a runaway truck ramp several miles before the crash. However, defense attorneys blamed the failed brakes on improperly maintained parts.

“This is an exceptional case and it requires an exceptional process,” King said after Monday’s hearing. “We have and will take the necessary steps for the court … to strike the appropriate balance when considering a new sentence.”

King said resentencing Aguilera-Mederos will not overturn his conviction, but will allow greater flexibility than the initial sentencing.

On Monday, the judge said next month’s hearing will include testimony from surviving victims of the crash and the deceased victims’ families, though no testimony will be allowed from people speaking in defense of Aguilera-Mederos.

Aguilera-Mederos’ attorneys objected, saying the victims will reiterate what was said during the original sentencing. The judge said his decision is based on the Victim Rights Act and that those who want to testify in defense of Aguilera-Mederos can submit written comments.

“(The victims) have a right to talk to me about the resentencing and what their position is on that,” Jones said. “I do think I have to hear from the victims. That’s not to say I’m requiring they speak to me. … I don’t want to put anybody through that again.”

Jones also said the resentencing hearing will “not be a circus” and that anyone who has an “outburst” will be removed from the courtroom.

Jones is not requiring Aguilera-Mederos to request the resentencing under Rule 35(b), which allows a criminal defendant to ask a judge to reconsider a sentence. This means Aguilera-Mederos will be able to use Rule 35(b) after the resentencing on Jan. 13 if he is not satisfied with the outcome.

In addition, the resentencing hearing comes before Aguilera-Mederos’ appeal deadline of Jan. 31, leaving that option open after the hearing.

Jones requested that both the prosecution and defense submit memos detailing their sentencing recommendations by Jan. 10.

A new hearing was set Monday to potentially resentence the trucker who was ordered to serve 110 years in prison for killing four people in a crash on Interstate 70 in Lakewood in 2019.

Judge A. Bruce Jones scheduled the new hearing Monday, two weeks after 26-year-old Rogel Aguilera-Mederos was sentenced. District Attorney Alexis King said she intends to ask the court for a reduced sentence of 20 to 30 years; however, Aguilera-Mederos’ defense attorneys are expected to ask the judge to go even lower.

The resentencing hearing will be held at 1:30 p.m. Jan. 13 at the Jefferson County courthouse in Golden. Jones said he intends for the hearing to be in-person and for Aguilera-Mederos to attend, unless COVID-19 risks prevent that from happening.

This comes after nearly 5 million people signed a petition criticizing the 110-year sentence, calling on Gov. Jared Polis to grant Aguilera-Mederos clemency or to commute the sentence.

Jefferson County DA plans to ask to significantly reduce truck driver’s sentence

Aguilera-Mederos was convicted of 27 counts, including vehicular homicide, assault and attempted assault, for the fatal crash on April 25, 2019.

During the crash, Aguilera-Mederos’ brakes failed while he was driving 85 mph in a section of I-70 in Lakewood where commercial vehicles are limited to 45 mph. The crash tore into heavy traffic and erupted in a blaze involving 28 vehicles.

The crash killed 24-year-old Miguel Angel Lamas Arellano, 67-year-old William Bailey, 61-year-old Doyle Harrison and 69-year-old Stanley Politano.

Aguilera-Mederos had no criminal record before the crash and was not under the influence of drugs or alcohol when the wreck occurred. The lengthy sentence was handed down due to mandatory minimum sentencing laws that require the sentences to run consecutively, rather than at the same time. The judge said he would not have imposed the sentences consecutively if it were up to him.

In the trial’s closing arguments in October, prosecutor Kayla Wildeman argued that Aguilera-Mederos was responsible for the crash, saying he was speeding through mountain towns while riding his brakes and failed to use a runaway truck ramp several miles before the crash. However, defense attorney James Colgan blamed the failed brakes on improperly maintained parts.