PUEBLO MAN SENTENCED IN BIKER DEATH

The Pueblo, Colorado, man at the center of the events resulting in an accident that killed Pueblo Bike shop owner Gregory “Griz” Robinson May 12, 2009, has finally been sentenced after pleading guilty to charges stemming from that tragic afternoon. Robinson died May 20, 2009, of injuries sustained in the crash.

In late December 2009, Juan Vasquez Maldonado, 48, was sentenced to four years in prison for his roll in causing Robinson’s death. Maldonado pleaded guilty to the sole charge against him, contributing to the delinquency of a minor.

Maldonado allowed—or forced-- his 15-year-old stepson, Cipraino Magana, to drive his truck home after a day of fishing and drinking. Maldonado admitted to being intoxicated and not wanting to drive himself. The unlicensed Magana pulled out in front of Robinson as he rode a motorcycle through the intersection of East Eighth Street and Glendale Avenue in Pueblo, causing the collision.

Magana was charged with careless driving causing death, and was allowed a deferred four-year sentence. Robinson's widow, Denise, agreed to the deferment, with the stipulation the 15-year-old stay in school, in hopes he will use the lesson to make something positive of his life.

When sentencing Maldonado, Pueblo District Judge Thomas Flesher told Robinson's widow, Denise, he hoped she and her family could find some closure with the pronouncement of the sentence. It is possible Maldonado will not serve the full four-year term handed down.

Denise said she and her two daughters wanted the criminal proceedings surrounding Griz’ death to be over, but bristled at the notion that while Maldonado's actions were a direct cause of her husband's death, he only was charged with contributing to the delinquency of a minor.

"When I lay in bed at night wondering what Griz would do, I don't get any answers," Denise told the Pueblo Chieftain in a story after the sentencing.

Investigators said that in addition to admitting to drinking that day, Maldonado also has a criminal record from other states, a fact that further frustrated Robinson's family.

"The book's got to be thrown at this guy. You have to say enough is enough," she said.

Public Defender Paul Bratfisch, who represented Madonado, admitted his Maldonado's record, but quickly pointed out he had been clean in the past 10 years. Bratfisch went on to say it didn't excuse or lessen the impact Maldonado's poor choice, but also noted that the incident was a classic case of an accident where, “a driver of a car failed to see an oncoming motorcycle.”

Bratfisch noted that Maldonado was pleading guilty to his original charge and that the only stipulation in the agreement was the length of his prison sentence.

"Having talked with Mr. Maldonado, in no way shape or form did he want this to happen," Bratfisch said. "He's standing before the court as if a jury found him guilty as charged."

Judge Flesher said the case was a difficult one and that he would not have accepted any plea agreement that didn't include prison time for Maldonado. He said he struggled with the fact that Maldonado had a criminal record and believed the agreement was appropriate because it included prison and a three-year period of parole when Maldonado is released.

"It's not my place to dictate what charges get filed," he said. "My province is to decide if the plea agreement is an appropriate one."