The Case of Rogel Aguilera-Mederos, racism or not?

Rogel Aguilera-Mederos is a semi-truck driver who was sentenced to 110 years in prison in Colorado  on December 13, 2021, after being convicted of 27 counts stemming from a fatal 2019 accident that killed four people along Interstate 70.

A petition drive urging Colorado’s governor to grant Aguilera-Mederos, then 23, a sentence commutation or clemency has been signed by more than 4.2 million people as of December 19, 2021. His full name is sometimes given as Rogel Lazaro Aguilera-Mederos.

In addition, the hashtag #NoTrucksToColorado is trending on TikTok, Twitter and Facebook, as many truckers say they will not travel through Colorado as a result of what they believe to be an extreme sentence. “Me and my brother have decided that we (Brown Eagle LLC) have joined the protest and are not getting any loads out of or to Colorado until Rogel gets justice cause 110 years is ridiculous. The company should be held accountable!” wrote one trucker on Twitter.

“We are aware of this issue, the Governor and his team review each clemency application individually,” the Colorado governor’s office told 9News.

Colorado judge A. Bruce Jones sentenced Aguilera-Mederos to 110 years in prison — effectively a life sentence — for the crash, which occurred when Aguilera-Mederos’s semi-truck rammed into stopped traffic on April 25, 2019.

According to the Associated Press, he told investigators at the time that “his brakes had failed on his truck that was hauling lumber and he noticed his truck was traveling 85 mph … before the crash.” Prosecutors said he could have used a runaway truck ramp but instead rammed into the stopped traffic, causing a 28-vehicle crash, the Associated Press reported.

In addition to the four who died, six people were wounded and “fire began to engulf the crash scene, triggering explosions and a fire so intense that it melted the roadway and metal off cars,” according to the Associated Press.

“I-70 crash suspect in custody. Rogel Lazaro Aguilera-Mederos (DOB: 11/21/95) arrested for suspicion of multiple counts of Vehicular Homicide,” wrote Lakewood police at the time.

In October 2021 a jury found Aguilera-Mederos guilty of 27 counts, including four counts of vehicular homicide and four counts of careless driving causing death, according to the Denver Post.

Jones said Colorado’s mandatory minimum sentencing laws forced the lengthy sentence, requiring him to issue consecutive sentences. “I will state that if I had the discretion, it would not be my sentence,” the judge said, according to the outlet.

“In all victim impact statements I read, I did not glean from them someone saying, ‘He should be in prison for the rest of his life, and he should never, ever get out,” Jones said, according to 9News. “Far from it. There was forgiveness reflected in those statements, but also a desire that he be punished and serve time in prison, and I share those sentiments.”

Domingo Garcia, the national president of LULAC, a Latino civil rights organization, told The Denver Channel that the sentence was not just and blamed the district attorney, Alexis King, for filing so many charges. As a result of the number of charges filed, the consecutive terms added up to a life sentence, Garcia said.

“This case is so egregious,” Garcia said to the television station. “It boggles the mind that here we are in 2021 and that somebody who was not intoxicated, not on drugs… It’s an accident, the brakes went out. But here’s the Latino driver, he gets charged, convicted and given 110 years of prison on his first offense.”

The DA has defended the prosecution.

King told The Denver Channel in part, “We initiated plea negotiations but Mr. Aguilera-Mederos declined to consider anything other than a traffic ticket. The facts and consequences of his decisions that day were extraordinary enough to support pursuing first-degree assault charges. Ethically, we do not – nor can we – pick and choose between victims in charging. The jury’s thoughtful verdict reflects the strength of the evidence presented and recognizes the harm caused to the victims. The sentence – which our office requested the minimum for – is within the purview of the court and reflects the judgment of the legislature. Just as the law mandates this outcome, it also provides future opportunity to revisit the sentence, and we will again pursue an appropriate outcome if that opportunity arises, after consulting with the victims and survivors and receiving their input.”

Former DA Peter Weir filed the charges, according to Westword.

According to Westword, the defense argued that his truck had multiple mechanical problems. When his brakes failed, Aguilera-Mederos testified that he considered but ruled out other options, worrying he would “wind up in the path of oncoming traffic on the other side of the highway” or cause an explosion if he crashed into a bridge. He swerved to slow down, the site reported.

The Denver Post reported that Aguilera-Mederos tried to flee the scene.

A petition to help Aguilera-Mederos has been signed by 4.2 million people.

“We all know of the crash that happened on I-70 in Denver, Colorado. Most of us have heard facts in the case. Rogel Lazaro Aguilera-Mederos, 23 has nothing on his driving record, or on his criminal history. He had complied with every single request by the Jefferson County courts, and investigators on the case,” the petition says.

“He’s passed all of the drug and alcohol tests that were given including a chemical test. This accident was not intentional, nor was it a criminal act on the drivers part. No one but the trucking company he is/was employed by should be held accountable for this accident.”

It continues: “No, we are not trying to make it seem any less of a tragic accident that it is because yes, lives were lost. We are trying to hold the person who needs to be held responsible, responsible. The trucking company has had several inspections since 2017, with several mechanical violations.”

It adds, “There are many things Rogel could have done to avoid the courts, but he took responsibility showed up and severely apologized to the victims families. Some of the families even offered Forgiveness. Rogel is not a criminal, the company he was working for knew the federal laws that go into truck driving but they failed to follow those laws. Rogel has said several times that he wishes he had the courage to crash and take his own life that day, this tragic accident wasn’t done with Intent, it wasnt a criminal act, it was an accident. Since he has been sentenced, i have changed this to granting Rogel clemency or commutation-as time served.”

Aguilera-Mederos spoke to a reporter with CBS4 from the local jail. “I am crying all the time, I think about it and I have flashbacks,” he told journalist Rick Sallinger before he was sentenced.

He told Sallinger he tried to avoid the vehicles. “My life is not a happy life. It is a very sad life because four people died,” he said in that interview.

The station reported that he could have pulled off a runaway truck ramp, but explained, “When you lost your brakes, your mind is blocking.”

During his sentencing hearing, he also showed great remorse. “I am not a criminal. I am not a murderer. I am not a killer. When I look at my charges, we are talking about a murderer, which is not me. I have never thought about hurting anybody in my entire life,” he said during his sentencing, according to The Denver Post. The outlet reported that he wept, saying, “I lost my brakes. The truck drivers, they know it’s a hard moment, you can’t do anything. You can’t do anything.”

According to the Associated Press, Aguilera-Mederos is “a green card holder from Cuba” who was living in Houston at the time of the crash.

He had no prior criminal record, and his lawyer said in court that he valued his life in America, according to CBS Denver. 9News Legal Expert Scott Robinson told the 9News television station that the judge has the ability to review the sentence.

“Colorado’s violent crimes statute gives judges some discretion after 180 days have passed,” Robinson said to 9News. “Here, the sentencing judge, Bruce Jones, will have an opportunity to determine whether there were unusual and extenuating circumstances which would justify a reduction in the sentences imposed.”

According to The Denver Post, “Jones said he may revise the sentence in the future if Aguilera-Mederos seeks a review, and that he had ‘no desire to see’ Aguilera-Mederos in prison for the rest of his life.”

According to Westword, Aguilera-Mederos is indigent.

Originally reported by: Jessica McBride

Bittersweet Legal Outcome

It’s a good thing justice was served in the case of Ahmoud Arbery. The conviction and sentencing of these three killers is definitely a blow of fresh air to the already stricken and hurt black community.

However, after the whole thing happened, when we think about it calmly, with cool head, relaxed, you realize that there are several reflections that in any case shouldn’t be there in the first place.

For instance, why we get so happy and wired after the verdict? Isn’t it obvious? Why it has to be nationally celebrated such an evident murder case? Why be so content with the bare minimum? Is it fair that the whole thing could’ve been forgotten if it weren’t because a leaked video and national protests.

How used we are of unjust sentences and white privilege that we feel obliged to celebrate when a just sentence is served, isn’t that sad? Or in any case isn’t that a sign of re-visit the whole justice system and the systemic racism that is permeating each and every institution in America?

At this point, the celebration turns into frustration, again; into desperation, again; into hope, again. Is there real hope that someday such evident cases of blatant racism and clear murder when the victim is a person of color will be judged no matter the race? Would that be possible in America?

The Rittenhouse trial or circus.

Miami, FL - At this point, I really don't know what's left to watch in the Rittenhouse trial: the judge making racial jokes or Rittenhouse attempt to a mockery tearless cry a-la-Hollywood style or the very accused reaching into a raffle drum and drew numbered slips that determined which of the 18 jurors who sat through the case would deliberate and which ones would be dismissed as alternates, which is a never-seen thing according not only to the general public but to specialized attorneys and journalists. All that before deliberations even started.

Today, 7 women, 5 men and 1 person of color will decide the future of Rittenhouse that, I hope for the well-being of the nation, the jury find him guilty because, he is. If you see the video, which is fully documented and even with different angles of vision, you can tell with no doubt that he not only started the whole situation, which is one of the most solid arguments of the prosecution: "You can't argue self-defense when you start the crisis", but you can clearly see that the accused doesn't have any respect for human life.

I'm not a lawyer, I'm not a specialist in legal matters, but I have common sense, criteria and know a thing or two about certain procedures related to what happened that night and I can state, confidently, that the accused is absolutely guilty of all the charges.

However, if he is acquitted or at least from the major charges, it will be a natural consequence of a racist-based criminal justice system, a systemic racism in the fabric of the American society and it will propel a social and civil unrest similar to the one caused by Floyd's death and to be honest, I think it will be totally fair because the accused deserves to be in prison for murdering to people and hurting a third one based only on his skin color and his racism, prejudice and utter ignorance of what morality, empathy and a peaceful society mean.

RM

16-year-old dies in police custody following pursuit that ended in Miami-Dade County

MIAMI-DADE COUNTY, Fla. – The Florida Department of Law Enforcement is investigating after a 16-year-old boy died Sunday night following a police chase that started in Hollywood and ended in Miami-Dade County.

According to Miami-Dade police, Hollywood police officers were chasing the teen, who was suspected of carjacking someone and then fleeing with the victim’s vehicle – a black 2018 Alfa Romeo.

Police said the Miami-Dade Police Department’s helicopter provided air support as the teen led officers into the Northside District, where he crashed the stolen car in the area of Northwest 27th Avenue and 62nd Street around 9:35 p.m.

Authorities said the teen was taken into custody by Hollywood police.

Miami-Dade Fire Rescue crews also responded to the area and treated the teen at the scene, police said.

Authorities said the teen was handed over into the custody of Miami-Dade police, and at some point, he became unconscious.

Police said he was then transported by Miami-Dade Fire Rescue to Hialeah Hospital, where he was pronounced dead.

A cause of death has not been released.

The teen’s identity is also being withheld at this time.

Copyright 2021 by WPLG Local10.com - All rights reserved.

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Mental Health Issues

MIAMI - I was talking to a friend the other day about mental health issues and she told me about how sad were the circumstances under which the “crazy people” live in any given asylum; she also mentioned her friend’s son which is schizophrenic and another friend which is bipolar. For a minute, everything went fine into the conversation; however, my mind seemed to be heading to a different destination, because all of a sudden, I told her to clarify that I wasn’t referring to those particular mental health issues, which are very serious but not necessarily hidden or common in society, not as much as the ones I was referring to: depression and/or anxiety.

The fact that people in general don’t seem to see depression and/or anxiety as mental health issues is maybe the reason why there is such a large incidence of those issues in society today. And yes, they are mental health conditions that must be addressed as fast as possible and be treated by professionals in the medical field, medical practitioners specifically in that matter of mind issues, be a psychologist, psychiatrist or similar. Please, don’t even think about getting “medical advice” regarding mental health from people not only with no medical expertise in that delicate field but serious lack of any kind of training, much less professional training. I’m talking specifically of religious leaders such as pastors, priests, spiritual coaches and similar, let along charlatans of fairs such as card readers, astrologists or psychics.

It’s very important to understand how serious mental health issues are for our well-being and when I say mental health, I’m referring not only the "big problems" but specifically to those issues that nobody seems to care because their “normal” or “everybody have them” or “give it time to heal”.

People, depression and/or anxiety is serious business and we can’t let them slip into our lives because they can ruin it pretty bad and in the worst-case scenario, they can literally kill us.

RM

Dangers of pseudo-science

Pseudoscience is anything that is peddled as being scientifically-based but is, in fact, not. That’s a big, broad definition for a big, broad topic. Pseudoscience is often composed of people who want to feel like they have some semblance of control over a situation (often an emotionally fraught one) and those looking to make money by taking advantage of other people by using technical-sounding jargon. Let’s break down these two scenarios while also acknowledging that they are not mutually exclusive.

There is a lot of uncertainty in the health care realm. We know so much while still understanding so little. We quickly reach the limitations of our medical knowledge in discussion about disease, how the body reacts to disease and injury, nutrition, etc. Additionally, our knowledge is constantly changing as we learn more. At some point in life, every single person will feel powerless over what is happening to their body, and that’s not a good feeling. It’s scary. The natural reaction is to look for a way to feel more in control of the situation. It’s an unsettling truth that we don’t have all of the answers and that sometimes the old adage “time will tell” is the best we have or “I don’t know, but maybe” is the best we can do. This place of vulnerability and despair is easy to take advantage of. Often, if someone simply says “Oh, they just don’t know but this thing WORKS,” those who are desperate will easily cling to whatever that thing is, regardless of plausibility. This is where pseudoscience comes in. It’s easy to take advantage of an emotionally fraught situation. People grappling with death or health challenges are looking for any advantage they can to hold on to every last second out of their lives. Enter, pseudoscience.

Pseudoscience can be difficult to pick out because one of its hallmarks is to use technical-sounding language to lend an air of legitimacy to whatever the thing is (e.g., vaginal steaming, homeopathy, acupuncture, etc.). Oftentimes, it’s created as a way to make fast cash—think essential oils and COVID-19. Sometimes it’s created out of a desire for an easy answer. Sometimes, it’s all of these things. Whatever the reason, pseudoscience is a big problem.

Let’s walk through an example of pseudoscience during this pandemic. In the desperation for a cure and a prevention (other than physically distancing, hand-washing, and mask-wearing, that is) the internet was alight with a myriad of suggestions. In a world shrouded in uncertainty and desperation, people were and still are willing to cling to any number of those suggestions, one of which was colloidal silver. Collodial silver has no real medical use. It can and does have serious side effects including turning your body blue, kidney damage, seizures, and possible detrimental interactions with other drugs that you might be taking. With these potential side effects in mind and the fact that colloidal silver doesn’t have any documented medical benefit, this isn’t something that should be taken thoughtlessly or “just in case.” It can, does, and has had, serious consequences. Also, it’s a waste of money, which is something few people can afford right now.

With 5 Short Words, the CEO of McDonald's Just Displayed a Complete Lack of Emotional Intelligence

It's impressive, actually: managing to break all the basic rules of emotional intelligence at once.

This is a story about McDonald’s, emotional intelligence -- and what happens when someone displays almost no emotional intelligence at all.

Here's the background. It starts with two tragedies in Chicago earlier this year:

First, a 13-year-old named Adam Toledo was shot and killed by Chicago police.

Then, a 7-year-old girl named Jaslyn Adams was killed while sitting in a Chicago McDonald's drive-through.

The day after the shooting that took Adams's life, Mayor Lori Lightfoot visited McDonald's headquarters in Chicago. She spoke with CEO Chris Kempczinski, and then Kempczinski texted Mayor Lightfoot.

Activists eventually used a Freedom of Information Act request to learn what he said to her. In what turned out to be the most important part, Kempczinski's texts read like this:

"p.s. tragic shootings in last week, both at our restaurant yesterday and with Adam Toldeo. With both, the parents failed those kids which I know is something you can't say. Even harder to fix."

I've highlighted the five key words: "the parents failed those kids."

Protests ensued, blasting Kempczinski for blaming the parents. In an open letter, some McDonald's workers and community groups called Kempczinski's message: "ignorant, racist and unacceptable."

The mayor's spokesperson commented: "Victim shaming has no place in this conversation."

Rank-and-file workers were upset, too. As one McDonald's employee told Chicago’s WBEZ:

"He doesn't know the circumstances of these parents. [He's] putting the blame on parents for the violence in the streets. He can't relate because he is wealthy, and we are not, and he doesn't understand our struggle."

After the backlash, Kempczinski wrote to all McDonald's corporate employees in the U.S. this week explain the genesis of his text to Lightfood, and maybe to apologize -- although he never actually used that word.

I've had the chance to review what he wrote, and if I can summarize, it really comes down to a simple proposition: a violation of all of the most basic rules of how emotionally intelligent people think through important conversations.

Let's break it all down, using Kempczinski's "quasi-mea-culpa" as a guide:

Rule #1: Imagine yourself in your audience's position.

Emotionally intelligent people realize that almost nobody else sees the world from exactly their perspective.

Sometimes that's fine, but other times -- say, for example, when you're the $10 million-a-year CEO of one of the world's largest corporations -- it's up to you to make the extra effort.

Kempczinski admits right upfront that he didn't do that here:

"I was thinking through my lens as a parent and reacted viscerally. But I have not walked in the shoes of Adam's or Jaslyn's family and so many others who are facing a very different reality."

I'd take that a step further: He wasn't just not thinking about the parents--obviously that was crucial--but he also wasn't thinking about how his words would be perceived by the mayor, and McDonald's employees, and the city writ large.

A little bit of empathy goes a long way, but apparently a lack of empathy can go even further.

Rule #2: Stop and think before you act.

There might be some times when acting quickly, without thinking, is better than deliberative action.

But those times are the exception to the rule. And, texting to the mayor of the third-largest U.S. city (knowing, as the CEO of McDonald's certainly should, that there is no expectation of privacy in that kind of communication), is definitely not an exception to that rule.

Kempczinski knows it was a mistake not to take the time to think through what he was saying.

"Not taking the time to think about this from their viewpoint was wrong," he wrote, "and lacked the empathy and compassion I feel for these families."

Lesson learned -- albeit one I'll bet he wishes he'd learned earlier.

Rule #3: Show strategic kindness.

Kindness and empathy are side-products of emotional intelligence, not the goals. Instead, emotional intelligence is about being aware of emotions and leveraging them to make it more likely that you can achieve your goals.

That said, kindness can be a goal in and of itself--and demonstrating kindness can lead people to be more receptive to what you have to say.

With that backdrop, it was very unkind, just days after the horrific shooting deaths of a 13-year-old and a 7-year-old, to suggest that the parents were to blame.

This would be true even if Kempczinski somehow thought he could back up his claim. (I'm not saying I think he could; I'm just surmising that he probably thought he could, if he thought to say it.)

Regardless, human decency practically begs that you hold your fire in that situation. Much better to remain silent, than to play armchair detective in a way that says those who likely grieve the most should shoulder the burden.

Live and learn

There is an irony in writing about this situation in that I feel compelled to try to write with emotional intelligence: to pause, to put myself in the shoes of others, to write with kindness where I can.

And there's a temptation to express sympathy for Kempczinski: Who among us hasn't said something he or she later regretted, and even cringed to read?

The difference is that Kempczinski isn't just writing for himself; he's writing as the CEO of one of the world's most iconic companies, who was paid more than $10 million last year (a low year, in fact, due to Covid), and who has much more responsibility than most of us have.

I don't know if he's sincere in describing the lessons he's learned, or if he truly wants to craft better messages, or if he cares a whit about leading with emotional intelligence.

Even if Kempczinski apparently hasn't read it, I think you'll find it useful. And maybe reading it will make it just a little bet less likely you'll have to write a "quasi-mea-cupla" someday like he did, too.

I'd take that a step further: He wasn't just not thinking about the parents--obviously that was crucial--but he also wasn't thinking about how his words would be perceived by the mayor, and McDonald's employees, and the city writ large.

A little bit of empathy goes a long way, but apparently a lack of empathy can go even further.