Charges Dropped Against New Years Hit & Run Suspect

Longmont Teen Repeatedly Proclaimed Her Innocence 

Kendra Balentine speaks with CBS4 News

The Boulder County District Attorney's office has dropped charges against a Longmont teen originally accused of killing 16-year-old Jason Grimmer on New Years Eve.

A thorough examination, coupled with forensic analysis and information provided by the Colorado Department of Investigation, helped investigators and police to conclude that Kendra Balentine, 18, was not involved in the death in Grimmer.

“I know they want justice, but justice is not putting an innocent person in jail at all,” Balentine said. “I’m just trying to believe in God that the truth will come out, you know, so I’m just keeping faith."

Police originally indicated that Balentine had left a church meeting sometime during the evening of December 31, committed the hit and run that left Grimmer dead, then later returned to her church. This alleged sequence of events was vehemently disputed by Balentine's mother and pastor at her church, both of whom claimed that Balentine was at church for the entirety of the meeting and that the small size of the group would have made any person's exit very noticeable.

Investigators concluded that Balentine was involved in a separate hit and run involving a parked car on December 30. 

Jason Grimmer's grandfather Geoff Waltz has offered a reconciliatory perspective on the case and indicated that he feels Longmont police acted inappropriately and should offer an apology to Balentine.

"I feel no ill will and I apologize for the time of her life that's been wasted." Waltz indicated, "If it was not her I don't understand how someone could live with themselves knowing that they did that. It bothers the hell out of me"

Balentine admitted to being involved in an earlier accident involving a parked car on December 30. However, she questioned the investigation's integrity publicly in an interview with CBS4.

“I know they want justice, but justice is not putting an innocent person in jail at all,” Balentine said. “I’m just trying to believe in God that the truth will come out, you know, so I’m just keeping faith.”

Investigators and police continue to search for the suspect involved in Grimmer's death. If anyone has any information that may assist the resolution of the case, please contact detective Stacey Graham at (303) 774- 4392.

If you are injured in a car accident in the greater Denver area, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!

Source: Deadly Hit And Run Charges Dropped Against Teen Driver

Two Car Crash Involves Famous Denver Restaurant

Gaetano's Italian Restaurant Victimized By Crash

A two car crash in Northwest Denver has caused damage to famous Italian restaurant Gaetano's, employees of the restaurant said. 

The crash occurred just before 4:00 P.M. Sunday, involving a red sedan and a white minivan, at the intersection of 38th Ave. and Tejon St. There were no injured patrons according the the restaurant. However, the bar manager Kyle West noted that the front table was affected by the crash, and that it just happened to be empty at that time.

"The gentleman in the red car had a split in his face that was really bad," West added. "The first thing that we could do is me and one of my employees kind of ripped apart the patio furniture to get into his car, and then he just kind of fell into my arms and I kind of held him, put gauze on his face. The ambulance got here really fast." 

The driver of the red sedan, as well as the driver of the white minivan and a child passenger of the were taken to the hospital. Their conditions remain unknown, although according to restaurant customers their injuries appeared "minor."

If your are injured in a car accident in the greater Denver metro area, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!

Source: Car Plows Into Restaurant Once Owned By Famous Denver Mobsters

Colorado Supreme Court Abolishes Sudden Emergency Doctrine

Court: Potential to Mislead Jurors Outweighs Minimal Utility

The Colorado Supreme Court abolished the state's "Sudden Emergency Doctrine," in response to a decision rendered by an appellate court regarding an auto accident negligence case from Telluride dating back to 2004.

Richard Bedor was injured in an auto accident when Michael Johnson slid into him on an icy road outside Telluride nearly 10 years ago. Bedor filed a suit against Johnson, and when the case went to trial the jury was read the contentious Sudden Emergency Doctrine at Johnson's request, which the Supreme Court now says has a strong likelihood of misleading jurors, and that it may have been confusing specifically to jurors in this case. 

The jury returned a verdict in favor of Johnson, finding that Johnson was not negligent despite losing control on a sheet of ice and causing Bedor's injuries.

Bedor then appealed the verdict, but the appellate court agreed with the jury saying that the court's reading of the doctrine was valid because evidence at the trial indicated that Johnson was presented with a sudden or unexpected emergency, the ice patch.

Finally, Bedor petitioned to the Colorado Supreme Court, asking if "the court of appeals erred in holding that a driver who loses control of a vehicle in winter driving conditions, crosses over into the lane of oncoming traffic, and collides with plaintiff’s vehicle is entitled to a ‘sudden emergency’ instruction.” After review, the court overturned the previous appellate court ruling and agreed to abolish the doctrine, stating that "the doctrine's potential to mislead the jury greatly outweighs its minimal utility."

The doctrine itself reads: “A person who, through no fault of his or her own, is placed in a sudden emergency is not chargeable with negligence if the person exercises that degree of care that a reasonably careful person would have exercised under the same or similar circumstances.”

If you are injured in a car accident by no fault of your own, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!

Sources: Colorado Court Abolishes Accident Emergency Rule, No. 10SC65, Bedor v. Johnson – Negligence – Sudden Emergency Doctrine, Colorado Supreme Court Abolishes Sudden Emergency Doctrine Defense

3 Car Fatal Accident on U.S. 36 Leaves 1 Dead

Eastbound U.S. 36 Closed for 5 Hours Due to Crash

A Colorado State Patrol trooper investigates a fatal accident on U.S. 36 (Credit: DAILY CAMERA, Paul Aiken)

A 3 car accident on eastbound U.S. 36 on January 22 near Davidson Mesa has left one Boulder man dead. Kenneth Oswandel, 44, was pronounced dead at the scene after he apparently lost control of his Jeep after striking a Subaru while both vehicles were headed east in the right lane of U.S. 36.

The highway was initially shut down in both directions. Westbound 36 reopened after about an hour, while the eastbound were shut down for over 5 hours.

Investigators believe that Oswandel began to lose control of his Jeep after colliding with a Subaru station wagon. As his vehicle began to roll, Oswandel was ejected. 

The Subaru involved in the accident slid into a median, and was then struck by a second vehicle, also a Jeep. The drivers of both the Subaru and the second Jeep were not injured. There were no passengers in any of the 3 vehicles. 

An investigation is underway by the Boulder County Coroner to determine an official cause of death.

If you are injured in a car accident in the greater Denver area, you need to speak with an experienced personal injury attorney. Call The Law Office of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!

Sources: Boulder coroner ID's man killed in rollover on U.S. 36 last week, 1 dead after 3-car accident closes U.S. 36 for hours during morning commute

Police Chase Involving Mom, Toddler, Shakes Family

Pair's Involvement in Chase was Accidental

A mother and her 18-month-old son were injured in a crash when their vehicle incidentally became involved in a high speed chase involving Denver Police. 

Police were authorized to pursue a vehicle being driven by a suspect wanted for multiple violent crimes in Arapahoe County when their chase suddenly entangled Jin Surber and her young son Walter.

"Suddenly, a police car hit me from behind," Surber said. "I was scared, and I screamed and I looked for my son," she added.

Surber and her son had just finished up an afternoon at the aquarium and were heading hope when they were engrossed in the chase, which left her car wrapped around a light post. Both Surber and her young child were extricated from the vehicle.

Walter escaped the crash unhurt. Jin Surber is suffering from bruises and dizziness, but did not sustain any major injuries. Her husband Adam Surber was relieved to find his wife and child relatively unharmed, but was still somewhat perturbed as a result of the incident. 

"It's pretty scary to get a call from police department saying your wife and kid are on their way to the hospital from an accident." Adam Surber said. "I believe it is really necessary to get some of these people, but the collateral damage to me is now very personal," He added.

If you are injured in an auto accident by no fault of your own in the greater Denver metro area, you should speak with an experienced personal injury attorney immediately. Call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!

Source: Mom & Toddler Recovering After Getting Caught Up In Police Chase

Hit and Run Accident on Federal Injures Pedestrian

Man Struck By 3 Vehicles, One Flees

Police investigate the scene of a hit and run accident that left a man in his 20's seriously injured. (9News)

A man in his 20's was left hospitalized with serious injuries after being hit by three separate cars while attempting to cross Federal Boulevard at the Florida Avenue intersection. While two of the vehicles that struck the victim stopped for help, the third apparently left the scene and police are actively searching for a vehicle in connection with the incident.

Denver police say a Subaru Impreza WRX Sport Utility Vehicle was seen leaving the scene after having hit the victim. Witnesses were unable to discern the color of the vehicle, however it is expected that the SUV would have damage consistent with a hit and run accident and may specifically have damage to the driver side mirror. The mirror may also have been lost in the accident.

Investigators did not know if the victim was using a crosswalk and were unable to give his condition as well. He remains hospitalized.

The Impreza was last seen travelling southbound on Federal. Information related to this crime can be reported anonymously by calling Crime Stoppers at (720) 913-7867 or by email to metro-denvercrimestoppers.com

If you are injured in an auto accident by no fault of your own, you need to speak with an experienced personal injury attorney. If you live in the Denver metro area call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people- it's all we do!

Sources: Pedestrian Seriously Injured In Hit & Run on Federal Boulevard, Man critically injured after being hit by several cars in Denver

Aurora Man in Pickup Truck Killed At Train Crossing

Inattentiveness Cited as Possible Cause

A 55 year old Aurora man was killed Friday when a Union Pacific train collided with his Toyota Tacoma pickup truck in Weld county.

Officials identified the man as Francisco Ardon. He was pronounced dead at the scene, an uncontrolled railroad crossing near Fort Lupton with no drop down bar to prevent a car from entering the intersection.

The event triggered and explosion of the truck, and Ardon was thrown from his vehicle as a result of the collision. The train did not sustain major damage and personnel on the train were uninjured.

Spokesman for the Fort Lupton Police Department, Sgt. William Van Arsdale, indicated that the intersection has only stop signs to alert drivers of the potential hazard, but also that "if [Ardon] had been paying attention, this accident would not have happened."

Fort Lupton Fire Chief Phil Tiffany added that the pickup was dragged about 75 yards before splitting into 2 pieces, both of which were quickly extinguished.

Tiffany also said "It's one of those things where you always need to be aware of what's around you. Never take for granted that there is not a train coming at any train intersection. Always stop and look both ways."

If you are injured in an auto accident by no fault of your own, you need to speak with an experienced personal injury attorney. Call The Law Offices of Robert Paysinger, P.C. today for a free initial consultation. We help injured people - it's all we do!

Source: Officials Identify Aurora Man Killed in Pickup-Train Collision in Fort Lupton