Community Corrections Wrong For Griz' Killer

By Tim Anderson

Once again the motorcycle community has turned its collective eye to the courts, hoping for a sign that the criminal justice system will finally see motorcyclists a part of American society worthy of the same justice expected by the mainstream.

This time, attention is focused on a District Courtroom in Pueblo, Colorado. There, District Judge Thomas Flesher will make a decision on whether to accept a plea agreement that would place Juan Vasquez Maldonado in a community corrections program for his role in causing the death of Gregory “Griz” Robinson, a lifelong Pueblo resident, great guy, motorcycle enthusiast, drag racer and, most importantly, family man extraordinaire.

Back on May 12, 2009, Juan Vasquez Maldonado supposedly went fishing with his stepson, Cipriano Magana. While supposedly casting his line, Juan Vasquez Maldonado managed to get all boozed up. When it was time to leave, Juan Vasquez Maldonado, a 48-year-old man who certainly should know better, told, or ordered, or let, his stepson to drive home. Now, Cipriano Magana was 15-years-old, and he did not have a driver’s license. At 15 years of age, he, too, certainly knew the difference between right and wrong, but he got behind the wheel of the pickup truck and tried to drive his polluted stepfather and himself home.

That’s when they crossed paths with Griz Robinson.

Griz was test riding a motorcycle from his shop, The Chop Shop, when Cipriano Magana failed to yield and pulled out in front of Griz. The resulting collision saw Griz suffer severe head injuries. After a weeks’ hospitalization, Griz died from the injuries.

Subsequently, Cipriano Magana has been charged with careless driving resulting in death, and Juan Vasquez Maldonado has pleaded guilty to contributing to the delinquency of a minor for putting Cipriano Magana behind the wheel. Juan Vasquez Maldonado apparently never denied anything, reportedly telling cops he put Cipriano Magana behind the wheel because he himself had been drinking. He reportedly told police, ”I'm going to be straight with you, that's why he was driving."

Which brings us to Judge Flesher’s courtroom on August 11. The District Attorney’s Office wants to plead this case out, allowing Juan Vasquez Maldonado, the man who put all this in motion, to serve time in a community corrections facility rather than be locked up. If he were to be convicted by a jury, Juan Vasquez Maldonado could face six years in prison. Nearly 100 people filled the courtroom to voice their opposition to the plea deal. They think it is too lenient a punishment for what Juan Vasquez Maldonado did.

So do we.

Denise Robinson, Griz’s wife of 33 years may have said it best.

"I think it's a slap on the wrist," Denise told Judge Flesher of the community corrections option. "The smartest thing he (Maldonado) did was put that kid behind the wheel to save himself. But he did it at the expense of his stepson and at the expense of Griz. Juan Maldonado's life is worthless. I've got to tell you Juan, I hate you."

Her vehemence is understandable and justified…and we stand behind her. We share her family’s loss and anger. Griz was a man among men. His priorities and standards were beyond reproach. His character is something we should all aspire to. One letter we received suggested that presented with the opportunity, Griz may have helped Juan Vasquez Maldonado and Cipriano Magana get home safely. That may be true…but we’ll never find out because of a poor decision made by Juan Vasquez Maldonado.

We are not privy to all the details of the case, but it is no secret that most prosecutors would rather plead out a case than go to trial. Plus, going to trial runs the risk of Juan Vasquez Maldonado going free. It’s a fair bet that if the court does not accept the plea deal, Juan Vasquez Maldonado may withdraw his guilty plea, perhaps forcing a trial. That, however, is what prosecutors are paid to do—seek justice for victims, at trial if need be.

Allowing Juan Vasquez Maldonado into a community corrections program will not serve Justice. The man is 48 years old, clearly has not learned life’s lessons, and as a result, is complicit in the unnecessary death of an exemplary man.

In Colorado, community corrections can range from house arrest and an ankle bracelet, to counseling and taking up residence in a halfway house, maybe with work release. Undoubtedly, the Juan Vasquez Maldonado side of this story has argued for the community corrections. After all, Juan Vasquez Maldonado has a family to support, and locking him up might cause undue hardship for the family, making them victims as well. Putting Juan Vasquez Maldonado in Community corrections might result in his being able to go to work every day and see his family every day and ensure that they all grow up to become useful members of society, contributing to the community. He would be allowed to fulfill the role of a father, or stepfather. What good can come of locking Juan Vasquez Maldonado up, his supporters may be asking?

At least that’s most likely the argument. We don’t know what has actually been said, but that community corrections is even being considered in this case by the DA allows for the described scenario to be readily imagined.

The reality for the Robison side of this tragedy is more clear—and real. Griz did go to work every day, he provided for his family, he was an active part of the community, he endured, with his family, the tough times, and he was an ever-present influence in raising his family, ensuring his daughters did grow up to be good, right-thinking, productive members of our greater society. Now, Juan Vasquez Maldonado has put a halt to that, and, he looks to be trying to squirm out of paying the piper.

This cannot be allowed.

Not only has Juan Vasquez Maldonado irreparably damaged the Robinson family, and by extension, the biker family, he has presumably done grievous harm to Cipriano Magana and his family. We Know next to nothing of Cipriano Magana and his family, except that he was driving the truck that killed Griz Robinson. There is no escaping the reality that the events of May 12 will stay with Cipriano Magana for the rest of his life. One would think that day would have a devastating and life-changing impact on him. Will the lesson be that he can get away with such behavior? Or will the lesson be one that will have a more positive impact?

That is up to Judge Flesher at this point.

If Griz’s death were the result of an honest-to-God accident—say a father teaching his legally permitted son to drive—there might be room for compassion for Juan Vasquez Maldonado. But that is not the case. Juan Vasquez Maldonado made a decision that impacted his stepson and family without regard. That same decision deprived a family of a loving father, and has stolen from the community—not just the biker community, but the community of Pueblo as well--a respected, generous and beloved man.

Yes, if Juan Vasquez Maldonado does a little time it will suck for him. And it will suck for his family. Tough shit. They will just have to live with those consequences of Juan Vasquez Maldonado ‘s choices on May 12, if, in fact, that is what ultimately happens.

No matter how bad sending Juan Vasquez Maldonado to prison might be for his family, it pales in comparison to how bad it is for Griz Robinson’s family.

And so, the eyes of the motorcycle community are focused on a Pueblo courtroom, hoping that Judge Thomas Flesher makes what we believe is the right decision—rejecting the community corrections option. Judge Flesher has an opportunity to send a message…the message that motorcyclists are a valuable part of the greater community, and their loss is as deeply felt as any other, especially when caused by a criminal decision…the message that the DA’s office shouldn’t always look for the easy way out and step up to do the right thing…the message that these antics are not acceptable. Anything less simply reinforces the perception that the legal system is unconcerned with what happens to motorcyclists—for whatever reason.

We can only hope that on September 18, 2009, Judge Thomas Flesher tells the DA’s office to forget the current plea deal, and get busy prosecuting Juan Vasquez Maldonado. At the same time, he can tell Juan Vasquez Maldonado to quit trying to squirm out of the consequences of his misdeed and man up to face the music.

After all, he chose the song.