CO - Jessica Hernandez, 17, killed by police after LEO struck by stolen car

[al66pine]

.... If this were my daughter you better believe I would want a full independent investigation to find the answer to that. And I don't feel I would be blaming anyone of anything by asking for that. IMO

bbm sbm

No need to wait until investigation is done, and mom can review evidence, forensics, read report, and conclusion about charge or no charge?
So, if this first investigation concludes that both LEOs violated DPD P&P and CO law and case should go to grand jury or prelim hearing,
then mom will still ask for fed reviews?

Or her request attacking CO's current procedure structure a pre-emptive strike?
Admittedly, seems more likely that the investigation will not result in criminal charges against LEOs.
Still leaves them subject to
-DPD employee discipline (e.g., suspension, termination) and
-civil suit for wrongful death (against LEOs, DPD dept, city, etc).

Seems premature, imo, and more to benefit reputation of atty rep'ing mom, than for mom.
JM2cts.

 

[Woodland]

bbm sbm

No need to wait until investigation is done, and mom can review evidence, forensics, read report, and conclusion about charge or no charge?

With all due respect, this conclusion is divisive, imo, even with the question mark. Mom will, without question get to view all LE and lab reports? Where is that conclusion written in stone? There is a current US debate on Crime Lab conclusions/reports vs letting the defense see it at any time before trial/inquiry - it is being called trial by ambush at the moment. The debate goes on - not concluded as yet. Maybe check out the law before saying family will have access at any time to all reports in this or any other case before any trial/inquiry.

So, if this first investigation concludes that both LEOs violated DPD P&P and CO law and case should go to grand jury or prelim hearing,
then mom will still ask for fed reviews?

Or her request attacking CO's current procedure structure a pre-emptive strike?
Admittedly, seems more likely that the investigation will not result in criminal charges against LEOs.
Still leaves them subject to
-DPD employee discipline (e.g., suspension, termination) and
-civil suit for wrongful death (against LEOs, DPD dept, city, etc).

Seems premature, imo, and more to benefit reputation of atty rep'ing mom, than for mom.
JM2cts.

Response bolded within quote. Many suppositions being called facts in a number of posts on this thread, not just this quoted post, imo. If the media is massaging facts, as previously stated, then FB quotes may be guilty of the same. All opinions should be clear with JMO since the public has no definitive facts as yet - according to WS rules/etiquette. Tough subject with strong opinions - which should be fine for both sides. Or so I thought. Jmo.

 

[Kimberlyd125]

How can FB posts (or tweets) be considered opinion. They are the words/pictures of Jessica.

I'm confused.

 

[Jersey*Girl]

I wonder if the good officers could sign a complaint against and bring suit to the parents of this criminal since the newly released from jail criminal was under 18. Also, I wonder if the parents of all other minors in the car could hold these parents liable as well since the criminal driver was under the age of 18. Whose insurance is she on since she's under 18? Who signed the affidavit of liability? When did the criminal obtain her driver's permit and then her license?

https://www.colorado.gov/pacific/sites/default/files/DR 2337.pdf

Minor Instruction Permit - available to customers 16 years to 21 years of age.
• Expires 3 years after issuance.
• Minors under 18 must present a completed
Affidavit of Liability and Guardianship (DR2460). • While holding this type of permit, you may only
drive with the person(s) who signed the Affidavit of
Liability (DR 2460) until you are 18.
• While you are under 18, if the person(s) who signed the DR 2460 does not hold a valid Colorado driver’s license, they may appoint an Alternate Permit Supervisor to supervise you while you are driving. The Alternate Permit Supervisor must hold a valid Colorado Driver’s License and be 21 years of age or older. Drive time with an Alternate Permit Supervisor will count toward the 50 hour total required on the log sheet. The person(s) who signed the DR 2460 may also allow any person 21 years of age or older, who holds a valid license, to supervise you while you are driving but that driving time does not count toward the 50 hour total required on the log sheet.

Minor Driver’s License - Expires 20 days after the 21st birthday. For individuals applying under the CO-RCSA (§ 42-2-501 C.R.S.), the driver’s license expires 20 days after the 21st birthday or in 3 years (whichever comes first).
• Minors under the age of 18 must hold an instruction permit for at least TWELVE MONTHS and be at least 16 years of age before obtaining a Driver’s license.
• Minors under 16 years 6 months of age at the
time they apply for their driver’s license, must complete behind-the wheel (BTW) training prior
to being issued the license. The BTW must be either 6 hours of behind-the-wheel training with an approved driver education instructor or 12 hours of BTW training with their parent/guardian/alternate permit supervisor, if there isn’t an approved driving school, offering at least 20 hours of BTW training per week, within 30 miles of the permit holder’s residence. If 12 hours are completed with the parent/guardian/alternate permit supervisor, the 12 hours are in addition to the 50-hour requirement of the log sheet, for a total of 62 hours.
• Minors under 18 must present a completed and signed Drive Time Log sheet when applying for their Driver’s license.
• Minors 18 and older do not have to hold an instruction permit for any required amount of time but do have to first purchase an instruction permit before taking a drive test.
• For restrictions on minors under 18 driving on the job, visit the Department of Labor at www.youthrules.dol.gov

 

[Kimberlyd125]

It is my understanding that the insurance policy on the car would not cover damages or injuries to the fence, the brick wall or the police officer. Because the car was stolen.
It is my understanding, those damages would be the responsibility of the criminal. And if she's under 18, may very well fall on her parents.

JMO and understanding.

 

[katydid23]

I wonder if the good officers could sign a complaint against and bring suit to the parents of this criminal since the newly released from jail criminal was under 18. Also, I wonder if the parents of all other minors in the car could hold these parents liable as well since the criminal driver was under the age of 18. Whose insurance is she on since she's under 18? Who signed the affidavit of liability? Wen did the criminal obtain her driver's permit then her license?

https://www.colorado.gov/pacific/sites/default/files/DR 2337.pdf

I don't think she was covered with anyone's insurance because her license was suspended. She was driving illegally, in a stolen car.

 

[Jersey*Girl]

It is my understanding that insurance would not cover damages or injuries to the fence, car, or police officer. Because the car was stolen.
It is my understanding, those damages would be the responsibility of the criminal. And if she's under 18, may very well fall on her parents.

JMO and understanding.

That's the point I was getting at. Even though its stolen, if she was under insurance then whomever had her on their insurance could be liable, as well as their homeowners insurance, etc. Plus she was under 18 and out all night according to her parents, so wouldn't that be negligence at the very least?

 

[Kimberlyd125]

I work in the claims office (third party administrator) for insurance companies who write policies for taxi cabs in several large cities.
If someone steals one of our insured vehicles and hits another car or a house, the policy on the cab does not cover the damages or injuries incurred.

 

[Jersey*Girl]

I don't think she was covered with anyone's insurance because her license was suspended. She was driving illegally, in a stolen car.

Thank you. I didn't know if she could still be on insurance while her license went through its suspension period. Sometimes it can depending on the state and situation so as not to have to put out a big premium all at once if the license would only be suspended for 30 days or so.

 

[Jersey*Girl]

I work in the claims office (third party administrator) for insurance companies who write policies for taxi cabs in several large cities.
If someone steals one of our insured vehicles and hits another car or a house, the policy on the cab does not cover the damages or injuries incurred.

So ultimately the parents could be held responsible, right? Maybe that's why they're speaking so loudly bc they're afraid to lose whatever they have. Maybe?

 

[Kimberlyd125]

And the policy may cover the damages on the stolen car but the insurance company would subrogate against the criminal or responsible party to recover their money.

I'm not sure if they could go after the homeowners policy.

 

[Kimberlyd125]

So ultimately the parents could be held responsible, right? Maybe that's why they're speaking so loudly bc they're afraid to lose whatever they have. Maybe?

Yes. I believe they can be held responsible.

 

[Kimberlyd125]

I don't think she was covered with anyone's insurance because her license was suspended. She was driving illegally, in a stolen car.

I agree with you.

 

[Woodland]

How can FB posts (or tweets) be considered opinion. They are the words/pictures of Jessica.

I'm confused.

Being confused is OK actually - suspect most of us are. Is the media correct (some suggest they are not) or the FB posts? Maybe someone can decide on behalf of everyone?

 

[MyBelle]

If the officers leg was run over, he was on the ground. If he was pinned by the front of the vehicle against the fence, as has been reported, his leg would get hurt. When did he fire through the drivers window will be the question, imo.

I don't think the officers told the driver to go, or anything else. Would prefer to answer questions put to me myself - not have them answered for me. WS etiquette?

The officer left-leg may have been pinned against the wall by the left front bumper for all we know at this point. If he was right-handed, the bullet's direction would have been through the passenger window rather than the windshield.

Really doesn't matter when he fired. He perceived a threat and reacted.

JMO

 

[Kimberlyd125]

Thank you. I didn't know if she could still be on insurance while her license went through its suspension period. Sometimes it can depending on the state and situation so as not to have to put out a big premium all at once if the license would only be suspended for 30 days or so.

I guess it could depend on state laws. But I do not believe any unlicensed driver is covered on a policy. And having a revoked license is considered unlicensed.

JMO

 

[katydid23]

Thank you. I didn't know if she could still be on insurance while her license went through its suspension period. Sometimes it can depending on the state and situation so as not to have to put out a big premium all at once if the license would only be suspended for 30 days or so.

I don't think any insurance company would cover someone driving on a suspended license.

ETA:


In most states of the U.S., driving a car with suspended driver license is an illegal act. While majority of the insurance providers refrain from providing auto insurance coverage to drivers whose driving licenses are under suspension, it could be possible to get a car insurance for suspended license if the reason for suspension is not that extreme...

http://www.nodepositcarinsurancequote.com/getting-auto-insurance-for-suspended-license.php

 

[Jersey*Girl]

And the policy may cover the damages on the stolen car but the insurance company would subrogate against the criminal or responsible party to recover their money.

I'm not sure if they could go after the homeowners policy.

I actually have an answer to that. I know someone that lost their house bc they were the last stop after graduation and a drunk teen ran a light and seriously injured another driver. That teen's (the drunk driver) parents also lost their life savings bc it was proven that's where the kids were actually drinking after graduation. This teen only had her permit and back then wasn't supposed to be driving at all without another authorized driver beside her. So literally 2 families were wiped clean bc of a criminal act by a drunk teen harmed an innocent driver.

 

[Kimberlyd125]

Being confused is OK actually - suspect most of us are. Is the media correct (some suggest they are not) or the FB posts? Maybe someone can decide on behalf of everyone?

The FB posts and tweets are HER WORDS.
I'm not confused about them. I'm confused why someone could think they are opinion.

It is a FACT that Jessica had a FB account with pictures and references to alcohol and drugs.

It is a FACT that her tweets talked about drug use, hating cops, court dates...

 

[MyBelle]

Thank you. I didn't know if she could still be on insurance while her license went through its suspension period. Sometimes it can depending on the state and situation so as not to have to put out a big premium all at once if the license would only be suspended for 30 days or so.

Auto insurance does not cover drivers on suspended licenses because it is illegal. Some states will issue a temporary hardship license but without such a license, there is no way to obtain insurance.

Of course, since most states require cars driven on public roads to be insured, you'll need car insurance while driving with a hardship driver's license.

JMO

http://www.dmv.org/insurance/how-to-get-car-insurance-coverage-with-a-suspended-license.php