Monday, July 30, 2012

Police Investigate Shooting, Fatal Crash

Woman Killed In Police Chase Was Not Involved With Shooting



A shooting in Aurora Saturday night led to a police chase which ultimately left a woman dead from a violent car accident.

Police responded to a suspected shooting incident at approximately 11 p.m. Saturday. When the arrived at the scene, a red Mercedes-Benz was seen leaving the area and police followed.

A chase ensued until the pursuit ended when the red vehicle struck another car at the intersection of East 13th Ave. and North Pontiac St. The woman driving the other vehicle, who tried to evade the chase, was seriously hurt and died later from her injuries at a local hospital.

The three individuals driving the Mercedes-Benz have yet to be questioned by the police due to the heavy medication they've received since sustaining injuries in the car accident.

Aurora police spokesman Frank Fania said officers responded to a shooting incident at the 1100 block of North Clinton St., where they discovered a woman who had been shot through a basement window. Her injuries were non-life threatening.

"It appears there had been an altercation earlier in the evening, and the suspects had followed a man to the house. They were shooting at him outside the house, and when he went into the house they continued shooting at him. The woman hit was the unintended victim," said Fania.

No names have been released relating to the incident.

If you have been injured in a car accident in the greater Denver area, please call The Law Offices of Robert Paysinger today for a free initial consultation. We help injured people - it's all we do!



Thursday, July 26, 2012

Repeat DUI offender Charged for Head-on Collision

Investigators Still Trying to Determine Where Dean Carlson Was Drinking in Boulder


Dean Carlson, pictured in court, is facing several charges relating to his DUI

A man charged with vehicular assault, reckless driving, and DUI has investigators puzzled in terms of where he spent the night drinking before he got behind the while and caused a violent collision on Diagonal Highway north of Boulder early Saturday morning.

Dean Carlson, 56, admitted to drinking in between 10 and 12 beers Friday night in Boulder on Pearl St. However, he apparently does not remember specifically which bars he was drinking at, only that he drank at several.

Colorado State Patrol Trooper Matthew Petty said that Carlson was driving south in the northbound lanes when he struck a Toyota Yaris, injuring both the driver and passenger. The driver, Sean Balog, was treated and released from Longmont United Hospital. The passenger of the vehicle remains in critical condition on life support at Denver Health Medical Center.

It is illegal for bars to continue to serve visibly intoxicated customers in Colorado. The crime is punishable by a suspension or revocation of an establishment's liquor license, depending on previous violations, said Mishawn Cook, Boulder's licensing clerk. Cook added that a customer who is later cited for DUI has no impact on the status of a bar's liquor license.

Trooper Petty visited several Pearl St. bars with Carlson's picture in hopes of identifying which bars served the man prior to his accident, though no employees at any of the bars have been able to positively identify Carlson. "A lot of bars said it was really busy Friday night, so that's a lot of faces to see. At this point we don't know where he drank that night with any degree of certainty." Petty added.

Criminal punishment for bars that overserve customers can be elusive said Boulder Police Chief Mark Beckner.  District Attorney Stan Garnett added that charges will be filed and pursued if evidence is discovered indicating that Carlson was over served at a specific location. However, the D.A. also implied that civil cases involving over serving can be more effective than criminal charges.

"The best way to stop this is to get management to watch their employees. That's where those (lawsuits) are so effective," reflected Garnett.

Carlson is scheduled to appear in court again August 16 for a preliminary hearing.

If you are injured by a suspected drunk driver, or hurt in any car accident in the Denver area, please call The Law Offices of Robert Paysinger today at (303)-279-0221 for a free initial consultation. We help injured people - it's all we do!

Sources: Investigators Unsure Where Driver in Diagonal Highway Crash Drank Night of DUI Crash

Wednesday, July 25, 2012

Well Known Boulder Athlete Killed in Hit & Run

Intersection's Second Car vs. Bike Fatality in Two Years




U.S. 36 and Violet Avenue north of Boulder is quickly gaining a reputation of being a very dangerous intersection.

Acclaimed Boulder athlete Terence "T.J." Doherty passed away Tuesday after being struck while bicycling at the intersection Sunday afternoon. He was 32.

Doherty, originally from Ohio moved to Boulder to fulfill a dream of teaching high school Spanish. He had spent time in Madrid finishing his masters degree in Spanish. He also met his fiancee there.

His budding life was tragically cut short when a Volvo driven by Kirk Condon, 59, took a left on to Violet Ave from U.S. 36, striking Doherty on his bicycle, Colorado State Patrol said. Condon apparently did not see Doherty coming according to Colorado State Patrol. He was cited for suspicion of careless driving.

The accident is a haunting reminder of a similar crash that took place at the same intersection in September 2009. Casey Najera was eastbound on 36 when a vehicle turned left onto Violet causing a collision. Najera was killed, and the driver who was charged in his death claimed she did not see Najera

Doherty will be honored Wednesday in Boulder with a tribute run. The run is open to the public, and those interested are encouraged to show up early to ensure proper registration. The event will begin at Boulder Running Co., 2775 Pearl Street, at 6pm. There will be three and six mile routes available. 

For a more personal, reflective piece cherishing the life of T.J. Doherty, please visit Training On Empty's beautifully well written memorial.

If you are injured in a hit and run crash, or any car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do! 


Monday, July 23, 2012

Leadville Teen Killed After High Speed Chase

6 Law Enforcement Agencies and 3 Counties Involved in Pursuit



LEADVILLE, CO - A bizarre high speed chase that tragically ended with a fatality has left a mountain town bewildered, with many questions regarding a young man's motive still unanswered.

The incident began when 18 year-old James Vanderbeek attracted the attention of a Leadville police officer who attempted to pull Vanderbeek over. After the young driver accelerated to dangerous speeds, the officer abandoned the chase because the driver (Vanderbeek) was only wanted for minor traffic infractions and instead decided to compose an arrest warrant for the young man.

However, Vanderbeek was not through attracting police attention. He apparently then drove to the Leadville Police Department, where he began honking his horn repeatedly. This attracted attention and by the time the deputy had returned to the department, he was informed by a dispatcher that there was a white vehicle in the parking lot honking it's horn. 

As deputies approached, Vandeerbeek sped away once again. He stopped on 17th street in Leadville, where he exited his vehicle and threw what appeared to be a pipe bomb grenade. Officers fired shots in Vanderbeek's direction, but he was not struck at that time.

The chase then continued, reaching speeds of 100 mph, through Lake, Chaffee, and Saguache counties. Shots were fired at police repeatedly throughout the chase. Police were finally able to stop Vanderbeek's car with an advanced traffic maneuver, after which the suspect exited his vehicle and again began shooting at police. 

An officer with the Buena Vista Police Department fired one round in response, killing James Vanderbeek. He was pronounced dead at the scene.

Investigators have yet to release a motive.

If you are injured by a reckless driver, or hurt in any car accident in the Denver area, please call The Law Offices of Robert Paysinger today at (303)-279-0221 for a free initial consultation. We help injured people - it's all we do!

Thursday, July 19, 2012

DUI Convictions In Colorado Decreasing

17% Drop-off Recorded Over Last 3 Years


A remarkable decline in the amount of DUIs filed has police and officials around the state patting themselves on the back for implementing changes that appear to have curtailed drunk driving in Colorado by a significant margin. 

Charges filed for driving under the influence and driving while ability impaired have dropped by 5,462 correlating to 17.4 since 2009. Traffic fatalities involving alcohol have also been consistently on a downtrend since 2001. Much of the credit for the decline has been given to more aggressive enforcement combined with  larger penalties and an increase in overall decision making by the general public as a response to the measures. 

Jefferson County District Attorney Scott Storey offered some explanation for the new tendency. "I think people are being more cautious about it. Through harsher punishments, more DUI checkpoints, and the stories in the news, it seems like more people are getting the message."

In 2008 legislators modified DUI laws to include heavier penalties both in terms of jail time and monetary expenses. Now, even a first time offender faces a minimum of two days to a week in jail, and repeat offenders can face from 10-60 days incarcerated. Increases in fines were also part of the new law. First time offenses for DUI now carry a fine of up to $1,000, while initial DWAI convictions will have fines ranging from $200 to $500.

The new law also incorporated a new technology called Interlock, which requires the driver of a vehicle to take an in-car breathalyzer test in order to start the vehicle. First time offenders with a blood alcohol content (BAC) under 0.17% are required to use the Interlock system for nine months. Those who are convicted of DUI with a BAC higher than 0.17% and repeat DUI offenders will be forced to use Interlock for two years.

Any attempt to circumvent the Interlock system results in more punishment and penalties. If a driver continually attempts to start a vehicle while drunk with Interlock installed, the required Interlock period will increase. If the device is tampered with or disabled, the driver will lose all motor vehicle privileges. 

The Interlock device sends monthly logs of a drivers behavior and habits to the Department of Motor Vehicles. Approximately 3,800 drivers with the Interlock system have their license revoked or the Interlock period extended due to non-compliance.

If you are injured by a suspected drunk driver, or hurt in any car accident in the Denver area, please call The Law Offices of Robert Paysinger today at (303)-279-0221 for a free initial consultation. We help injured people - it's all we do!

Thursday, July 12, 2012

Prosecutors Charge Man in Crash that Killed Unborn Baby

Repeat DUI Offender Had A Blood-Alcohol Content of .292, Has 'Months' to Live Due to Lymphoma




Boulder prosecutors formally charged a Longmont man accused of causing a wreck that killed an unborn baby, in addition to injuring 4 others, with four felonies and three misdemeanors Tuesday.

Gary Sheats was cited for two counts of felony vehicular assault, two counts of leaving the scene of an accident, and lesser charges of driving under the influence. Records indicate that Sheats has 5 prior arrests relating to impaired driving.

Boulder district attorney Stan Garnett explained that because Colorado treats fetuses as a part of the mother until birth, prosecutors were unable to charge Sheats with vehicular homicide in relation to the death of the unborn child. Garnett vowed to lobby state legislature for new penalties that would make it a felony to get behind the wheel drunk after having two prior DUI convictions.

"The District Attorney has to be the voice of common sense, especially in public safety," Garnett said. Making multiple DUI convictions a felony punishable by jail time has been a contentious issue that the state has shied away from due to the costs of managing potential DUI felons while incarcerated. However, Colorado seems to be one of a handful of states that feels the monetary burden of such a law outweighs the public safety and common sense aspects of passing harsh legislation regarding repeat DUI convicts.

"We're one of five states that does not have a multiple DUI felony law," reflected Garnett. "I think we have to be very thoughtful about who we put in prison, and one of the reasons to put a person in prison is because it is not safe to have them out and about," he added.

In a bizarre turn of events, Gary Sheats' father Billy said in an email to the Longmont Times-Call that his son has been diagnosed with a terminal case of lymphoma. The elder Sheats said that his son Gary had spoken with a doctor several months ago, and that the doctor had recommended that Gary Sheats "plan his life in months instead of years."

The victims, Heather Surovik and her mother, Terry Koester, as well as her 5 year old son, suffered varying degrees of injuries. Some reports have claimed that Surovik might have been killed had she not been pregnant.

A pastor at the church attended by Surovik and her family, Don Veazey, acted as a spokesperson for the family. "The family does not hate this man. They are being gracious with that, but they do want to see justice ... There is nothing that anybody could ever do to replace what this family has lost," said Veazey. He added that the family has been "frustrated" with the charges that have been filed, specifically because nothing has been charged regarding the baby.

Sheats remains incarcerated in the Boulder County Jail on a $100,000 dollar bond.

If you are injured by a potential drunk driver, or injured in any car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!

Wednesday, July 11, 2012

Survivors of Avon Crash Receive "Saved By the Belt" Award

Bizarre "Falling Truck" Accident Leaves Couple Thankful



An Avon couple that survived a violent, fiery crash on Mother's day received the "Saved By The Belt" award from the Avon Town Council Tuesday in a moment of closure for the small town that still frequently discusses the extraordinary event.

Lara Wahl and Bradley Zellefrow were driving from their apartment to some nearby tennis courts when their Honda CRV was crushed from above by an out-of-control semi trailer. Both Wahl and Zellefrow were wearing their seat belts, which likely saved their lives.

"Pretty much something fell from the sky. We didn't know what. I thought it might have been a piece of the road or part of the guardrail or something," remembered Zellefrow. "We didn't know then it was a truck."

"I still find it hard to believe it really did happen," added Zellefrow. "I'm getting there. I'm still processing. I look at things now and say, 'Why did I used to get upset about that?' ... I don't know if there will ever be a time when we can say it's over."

The falling vehicle struck the driver's side of the Honda, driven by Wahl. She was pinned and suffered lacerations, though the most telling injury she suffered was a long, thin bruise corresponding to the location of her seat belt. Zellefrow assisted Wahl in escaping the vehicle, and they then were taken by ambulance to an emergency room in Vail. The wreckage later exploded in flames, killing the driver of the semi. 

Seat belts usage is mandatory for drivers and front seat passengers in Colorado, and violations are punishable as a Class B traffic infraction.

If you or someone you know is injured in a truck accident in Colorado, please call The Law Offices of Robert Paysinger, P.C. for a free initial consultation at (303) 279-0221. We help injured people - It's all we do!

Monday, July 9, 2012

14-Year Old Pedestrian Killed In Lakewood

Teen Had Just Moved to Lakewood Weeks Prior to Tragedy



Two Lakewood teenagers were walking on the sidewalk when they were struck by a woman who may have been intoxicated on prescription drugs, police in Lakewood said.

Robbie Fehlman, 14, and a friend who is also 14 were struck by a vehicle driven by Rhonda Romero, 40, at about 5 P.M. Fehlman was killed by the collision.

Rhonda Romero was driving northbound on South Garrison street near West Baltic Avenue when she apparently ran off the road and struck the two teenagers from behind. She was charged with one count of vehicular homicide and one count of careless driving. Romero remains incarcerated in the Jefferson County Jail.

"We believe prescription medication may have played a role in the accident, so we're investigating that angle," said Lakewood Police Sgt. Randy McNitt.

The mother of Fehlman's friend, who was also struck by the vehicle but sustained non-life threatening injuries, deplored the situation. "If she was on some kind of medication I would just like her to know my son is extremely traumatized by this and lost a friend that he really clicked with and really liked. Our lives, and Robbie's family's lives are changed forever."

Robbie Fehlman had just recently relocated to Lakewood with his mother, who was planning on reuniting her son with his 25 year old sister. He had recently graduated 8th grade in Elgin, IL and was a star athlete who intended on playing varsity football this fall.

Fehlman's mother Mary lamented the circumstances surrounding her son's premature death on her Facebook page: "That's what's killing me - he was on the cusp of a great future and he (and us) have been royally cheated. I'm trying to remember him as I last saw him alive, going out the door with his backpack slung over his shoulder, excited with his pizza and movie plans for the evening. My only consolation is that he's now with Dave making up for the time that he missed out on."

Dave Fehlman, Robbie's father, passed away five years ago.

If you are injured in an pedestrian auto accident, or any car accident in the greater Denver area, please call The Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!

Sources: Teen Killed In Deadly Crash Recently Moved To LakewoodFormer Elgin boy killed in Colorado

Thursday, July 5, 2012

Identities Released in Fatal Crash Involving Boy Scouts

Questions Still Linger Over Violent Head-On Collision



Investigators remain puzzled as to why a Honda Element carrying 3 boy scouts and their troop leader apparently veered into oncoming traffic and collided with a motor home on Highway 120 near Thermopolis, WY.

Five people were killed as a result of the crash. All 3 boy scouts and their leader were killed in the Honda Civic, as well as a 3 year-old passenger of the motor home. The scouts had just finished camping in Northern Wyoming and were on their way back to Woodland Park near Colorado Springs. The vehicle was one of three transporting scouts between Wyoming and Colorado.

The motor home, which was trailing a passenger vehicle and was registered with Florida license plates, was transporting 5 people. One was airlifted to St. Vincent Medical Center in Billings, MT, while three others with less severe injuries were treated at the Hot Springs Memorial Hospital in Thermopolis. The three year old killed in the accident was the fifth passenger. 

The three scouts were all attending Woodland Park High School. Superindendant of Woodland Park School District Jed Bowman reflected on the severity of the accident and offered assistance for those grieving the crash: “We will have counselors, staff and community members present to support each other as we come to terms with this tragedy,” he wrote. “We will likely open our school as a gathering place in the days to come and will provide more information once that is available.”

Unanswered questions regarding why the Honda Element veered into oncoming traffic remain at the forefront of the case. The crash remains under investigation.

If you are injured in a car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!

Sources: Boy Scouts from Woodland Park killed in Wyoming crashWyoming Highway Patrol seeks clues in fatal collision


Monday, July 2, 2012

Sentence Handed Down For Erie Fraudster

Man Staging Auto Accidents Gets Parole, Forced to Pay Restitution




An Erie, CO, man convicted of operating a fraud ring involving 10 other people and more than 20 insurance claims was sentenced to restitution and parole. Edgar Rodriguez was spared prison time only because he had already served the minimum six months for his sentence between his arrest in October and his sentencing in June. He was ordered to repay $37,000 that he netted from the case in restitution.

Rodriguez plead guilty to two counts of insurance fraud and three counts of conspiracy to commit insurance fraud. Both crimes are third-degree felonies.

Others began catching on to Rodriguez's fraudulent behavior when several claims regarding his 2003 Dodge Grand Caravan were deemed to be suspicious by a Geico Insurance investigator. The investigator contacted Lt. John McCall, who is responsible for investigating insurance fraud for the Erie Police Department.

McCall said that despite the overwhelming amount of information, the investigation became quite clear once he was able to view the pictures of the vehicle from case to case. "Once I started comparing the photos, that really did it," described McCall.

As many as 21 bogus insurance claims claims between 4 different companies were filed by Rodriguez. Geico, State Farm, Progressive, and Nationwide were among the brands affected. The claims resulted in a total of 15 instances of fraud, 3 of which were Rodriguez acting alone and the other 12 involved an accomplice of some sort.

Though his crimes fell within the aggravated parameters of the sentencing guidelines, President Judge Ernest J. DiSantis Jr. indicated that Rodriguez's guilty plea and lack of a prior criminal record were considered during the sentencing process. Defense attorney Kevin Kallenbach blamed his client's apparent drug addiction as the driving factor that led Rodriguez to start the insurance fraud outfit.

If you are injured in a car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!


Man Detained In Hit & Run Involving Toddler Fatality

Driver Was Wanted For Driving With Revoked License & Other Felony Charges



Two convictions of driving while impaired, suspected immigration violations, and fugitive status in Jefferson County were apparently not reason enough to convince Omar Gonzalez to refrain from driving his vehicle Tuesday when he struck and killed a two year old pedestrian in the 4400 block of West Nevada Place.

Omar Gonzalez was arrested and detained at the Denver County Jail on pending charges of felony hit-and-run and child abuse resulting in death. He is also wanted in Jefferson county for driving with a revoked license and other felony charges. In addition, U.S. Immigration and Customs Enforcement has requested a no-bond hold on him, Denver Jail records indicate.

The victim, Dariana Martinez-Martin, was crossing the street when a car resembling the one driven by Gonzalez struck her at an unknown speed. Martinez-Martin was transported to Denver Health Medical Center where she was later pronounced dead.

Police would not indicate where the young girls parents were at the time of the incident.

Gonzalez's prior criminal record in the Denver Metro Area appears to be lengthy. In Jefferson County, he has unresolved charges of forging a government issued-document, criminal impersonation, driving with a revoked license, false reporting, as well as a traffic violation. Additionally, Gonzalez has driving while impaired convictions in Douglas and Adams Counties. Both convictions were originally DUI arrests that were reduced after Gonzalez plead guilty. Omar Gonzalez apparently has several other convictions under one of his aliases, Victor Omar Dominguez-Sierra.

A description of the vehicle, as well as its' license plate number, was distributed by police officers to taxi-cabs, electronic signs, and the local media through a "Medina Alert," named after valet Jose Medina who was killed in a hit-and-run accident in 2011. Gonzalez was apparently located and detained soon after the alert was issued.

Hit-and-run accidents often yield severe injuries for the victims. If you are injured in a hit and run accident, or any car accident in the greater Denver area, please call the Law Offices of Robert Paysinger at (303) 279-0221 for a free initial consultation. We help injured people - It's all we do!

Source: Driver Arrested In Hit-And-Run That Killed Toddler