AURORA, Colo. — An Aurora driver cited for a crash earlier this year is facing an additional charge after the driver she hit died of complications from injuries sustained in the crash. But the victim's wife is concerned that charge won't stick.
The crash happened March 1 near the intersection of East Smoky Hill Road and East Radcliff Drive. Aurora police said the woman made a left turn in front of oncoming traffic, causing a crash with Zac Favela's car.
Zac was rushed to the hospital, where doctors performed surgery. He was eventually released and went to his mother-in-law's house to recover. Zac's wife, Sarah Favela, said he died from a blood clot in April.
"I had to deliver my baby girl without him. I have to tell my kids, daddy's not coming home. That he's not just going to show up," Sarah Favela said as she began to cry. "The accident started the chain of events that led to his death, and then other stuff continued it."
The driver was cited on scene for failing to yield and later pled guilty to what amounts to a traffic ticket. After Favela's death, prosecutors in the 18th Judicial District charged the driver with careless driving resulting in death, a misdemeanor. But the charge may not stick since the driver already pled guilty to failing to yield.
Double jeopardy -- being charged twice for the same crime -- could have an impact. A spokesperson for the 18th Judicial District Attorney's Office said double jeopardy could potentially play a role in not getting a conviction, or in a case dismissal. They also said it could be challenged in court by the defendant's attorney.
The possibility of a dismissal has left Sarah Favela heartbroken.
"There's no justice for my little family, and there's nothing I can do," she said as she wiped away tears. "I'm never going to have another family picture, and she's getting traffic charges."
Family photos may feel empty now, but her hands will be full. Favela gave birth in July to her and Zac's third child. She said her children are what keep her going. She just wishes they did not have to grow up without their father.
"Even if she got charged, it’s not going to bring my husband back, but it's taking responsibility for what she did," she said. "No mother should have to look in her kid's face and tell them that daddy isn’t coming back and have to explain that he’ll never be back and have to answer those questions of where did Daddy go? No mother should have to answer that."
There is a hearing for this case in late November. Careless driving resulting in death carries a maximum of one year in county jail and some fines.
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