Illegal Guatemalan Convicted on All Counts in Preventable Colorado Deaths

By Brenda Walker

02/25/2010

It took jurors only four hours to determine the guilt of the much-arrested Guatemalan man who killed three-year-old Marten Kudlis (shown) and two adult women. The jury apparently rejected the crude defense that blamed one of the victims and tried to suggest that the illegal alien driver might actually have been a passenger, even though his DNA was found on the driver side of the speeding vehicle.

Man convicted in 3 deaths at Colo. ice cream shop, San Francisco Chronicle, February 23, 2010

An illegal immigrant was convicted Tuesday in a crash that killed three people, including a 3-year-old boy inside an ice cream shop.

Jurors found Francis Hernandez, 25, of Guatemala guilty of vehicular homicide and other charges.

Prosecutors said Hernandez was driving an SUV at twice the speed limit when it crashed into a pickup truck, which in turn crashed into an ice cream store in the east Denver suburb of Aurora in September 2008.

The case sparked calls for immigration reform after Hernandez avoided deportation despite a dozen prior arrests in Colorado. Authorities said he used 12 aliases and two dates of birth to slip under the radar of immigration officials.

Any normal person would think that an illegal alien with at least a dozen arrests in five years was big trouble, and should have been deported long ago.

Another article focused on the family of little Marten: Francis Hernandez guilty on all charges, Denver Post.

Even though the man accused of killing his little boy was found guilty and may face more than 100 years in prison, Marat Kudlis was not a happy man on Tuesday.

"This guy is a baby killer," said Kudlis, the father of Marten Kudlis, who was killed in a crash at an Aurora ice cream shop in 2008 along with two others. The boy was 3 years old.

"I’m not going to be happy, because I’m not going to get Marten back," Kudlis said.

Francis Hernandez, 25, was convicted on 19 criminal counts related to the crash, including vehicular homicide, leaving the scene of an accident involving death, and child abuse resulting in death.

The Kudlis family is also pursuing a lawsuit against government agencies that failed to follow the law and protect public safety. They may not have heard the bad news that the Bologna family lawsuit in San Francisco was rejected today: Judge tosses sanctuary suit in S.F. killings.

So forcing the government to follow its own laws remains a tough slog, and the courts are not friendly venues.

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