Decide denies bail reduction, sets trial day for December
An Ignacio girl suspected of careless driving producing the death of a Farmington person in February pleaded “not guilty” to 7 misdemeanor fees Thursday in 6th Judicial District Court docket.
Virginia Cundiff, 24, is billed with careless driving resulting in death and bodily personal injury, driving without a license and possession of drug paraphernalia, among other offenses.
A trial is scheduled for December.
Cundiff is accused of creating the demise of Dominic Sandoval, 24, and injuring another gentleman when she crashed into a function truck on Colorado Freeway 172, about 2 miles south of Elmore’s Corner. Sandoval and his work spouse ended up location up a perform zone alongside the proper shoulder when Cundiff crashed into them and their perform truck at 47 mph, according to law enforcement.
Sandoval died from his injuries after smashing through the passenger facet of Cundiff’s windshield, law enforcement mentioned.
Sandoval’s spouse and children attended Thursday’s court listening to at La Plata County Courthouse. They dressed in matching pink T-shirts with a picture of Sandoval and text that read through, “Justice for Sandoval.”
Cundiff attended the listening to nearly from the La Plata County Jail.
Cundiff’s defense requested a reduction in bail, which was established at $50,000 after she violated phrases of preceding bail ailments.
Deputy District Legal professional Vance Davis argued in opposition to Cundiff’s request for a bail reduction, saying she failed to look in court docket a few moments for a past situation, unsuccessful to look 2 times in her latest case and failed to comply with pretrial drug and compound screening.
“(The) defendant has been arrested a couple of situations in this scenario and has been launched on bond and has unsuccessful miserably to comply with the phrases and ailments of the bond,” Davis claimed.
He claimed her bail was increased immediately after quite a few people today claimed seeing Cundiff driving on a revoked license soon after acquiring been billed with leading to the demise of Sandoval.
Cundiff’s protection attorney argued that Cundiff is receiving therapy from Axis Wellbeing Procedure and is on remedies for PTSD and nervousness that her major resource of yearly cash flow arrives from chokecherry selecting in the late summer months and fall, which is approaching and that she would like to assistance her son.
Sixth Judicial District Choose Todd Norvell denied Cundiff’s request for a bail reduction. He mentioned he imposed the bail disorders, which incorporated compound-abuse tests and no driving, to “ensure the safety of the group.”
“Ms. Cundiff has a drug challenge,” he mentioned. “That improves the hazard of hurt to the community. I’ve also requested that she not drive mainly because the evidence in this scenario is sturdy on the careless driving resulting in loss of life and the careless driving resulting in personal injury.”
He said Cundiff has missed former courtroom dates, analyzed optimistic for methamphetamines and violated other problems of pretrial companies.
“I’ve specified her prospect just after possibility, and below we are,” he stated. “So the request is denied.”
On July 1, the decide dismissed a felony demand accusing Cundiff of crashing into a “public utility provider auto.” He mentioned the felony demand didn’t rather line up with the alleged information of the case, simply because the car or truck Cundiff is suspected of hitting did not fulfill the definition of a “public utility provider automobile.”
Soon after attending Cundiff’s court listening to Thursday, Sandoval’s family members reported they prepared to pay a visit to his roadside memorial on Colorado Highway 172. The Colorado Section of Transportation instructed Diana Lee, Sandoval’s mom, that his memorial have to be taken off simply because it is a possible distraction to motorists, Lee reported.
In an interview, Lee stated she was caught off guard when the felony cost was dropped. Sandoval’s brother-in-legislation, Carlos Arriola, reported Cundiff “got off on a technicality.”
Lee said her family members is trying to find justice for Sandoval. They program to begin a petition and meet up with with Colorado lawmakers to examine ways to amend the laws so that careless driving leading to the loss of life of roadside workers results in a a lot more critical cost.
She reported Sandoval would have offered the shirt off his back again, and he was usually smiling.
“For my birthday, he planned to take me to Vegas. That did not come about,” she claimed.
Sandoval needed to go again to university to come to be an electrician, she said.
“People’s lives get lower brief – everything arrives to a halt for us, but the planet retains likely,” Arriola explained. “It’s rough, but there’s obtained to be some form of change.”