Moffat County Court determines evidence supports a trial in fuel theft case
A Moffat County Judge decided Friday during a preliminary hearing that evidence in a case involving a fuel theft, a high-speed chase and subsequent injuries to Moffat County Sheriff’s Office deputies should go to trial.
Craig police officers responded to a report of a fuel theft around 11 a.m. and attempted to initiate a traffic stop before the vehicle failed to yield, according to a sheriff’s office news release issued after the incident.
Deputies then pursued the pickup truck and performed multiple “high-risk traffic stops” as the vehicle attempted to flee and rammed multiple sheriff’s office vehicles.
The pursuing deputies eventually arrested Gomez-Hernandez just after noon when they were able to force the vehicle to a stop on Colorado Highway 13 near mile marker 119, according to the news statement.
During Friday’s preliminary hearing, which was a court proceeding to determine whether there is enough probable cause to try the defendant, Moffat County Judge James Hesson determined that there is sufficient evidence to suggest that Gomez-Hernandez intentionally caused bodily injury to a deputy and “feloniously” caused bodily injury using a deadly weapon.
Sheriff’s deputies Wyatt Johnson and Kurtis Luster gave witness testimonies, detailing the incident and the injuries they sustained.
According to Luster’s testimony, Gomez-Hernandez put his truck in reverse and struck Luster’s vehicle, crushing the hood. Luster stated that he felt pain in his shoulders and back and was sore for about two days following the incident.
While attempting to put Gomez-Hernandez on the ground to arrest him, Johnson stated that he injured his knee. When asked about the extent of the injury, he described it as a “scrape” that was treated with a bandage and pain reliever medication.
According to Luster, he was not wearing a body camera at the time of the incident because he was in “casual” clothing and uploading footage to a computer when he was dispatched to the chase.
“A fatality doesn’t need to occur to prove this charge beyond a reasonable doubt,” stated Deputy District Attorney Zach Rosen.
After three hours of deliberation, Hesson determined that there was enough evidence to support that Gomez-Hernandez intended to cause harm to the deputies.
“I think everyone would agree that the vehicles, and the vehicle in this case, are certainly capable of causing serious bodily injury,” said Hesson.
Gomez-Hernandez’s next court appearance is set for 2 p.m. April 24.
The case is one of at least four following a string of arrests in Routt and Moffat counties.
The three other men arrested for alleged fuel theft, Victoriano Cayetano Leon, David Caboverde and Onsel Perez Palacio, are scheduled to appear in Routt County Court next week.
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