COMMERCE CITY, Colo. — The man arrested in a deadly hit-and-run in Commerce City called to report his car was stolen minutes after the crash using an iPhone that had just sent an automated alert to dispatch indicating it was involved in a crash.
The crash was reported at the intersection of East 58th Avenue and Holly Street at 8:34 p.m. Oct. 6. Investigators determined that Erik Hernandez-Escoabar, who was driving a black Audi north on Holly Street, failed to stop at a stop sign, according to an affidavit for his arrest from the Commerce City Police Department. His car collided with a Volkswagen.
Hernandez-Escoabar and at least one passenger left the scene. He faces charges of false reporting, leaving the scene of an accident and vehicular homicide.
A family of four was inside the Volkswagen. Emiliano Malpica-Medina, 18, was sitting in the right rear passenger area and died from his injuries. A boy who was also in the back seat suffered serious injuries including multiple internal injuries as well as broken ribs and a skull fracture, the affidavit says.
At 8:40 p.m., six minutes after the crash was reported, Hernandez-Escobar called to report that his black Audi had been stolen, the affidavit says.
He said he met up with friends at a taco stand near East 60th Avenue and Quebec Street, and while there, a friend asked whether he could charge his phone. Hernandez-Escobar said he agreed and left his car running so the phone could charge. As he left the taco stand, he realized his car had been stolen. He said that was around 8 p.m., the affidavit says.
He said he looked around for his vehicle before calling the police and getting a ride to a friend's house, the document says. He later came to the crash scene and spoke with officers about his "stolen" car.
The affidavit notes that the iPhone Hernandez-Escobar used to report his car stolen sent a crash notification to Adams County dispatch at 8:38 p.m. The document also indicates that he has a Life360 account that tracks his location. Screenshots from his account show him at the crash scene when it happened.
According to the affidavit, Hernandez-Escobar was arrested and released on Oct. 7 on charges of false reporting.
Two days after the crash, police were contacted by a person who said they were a passenger in Hernandez-Escobar's car when the crash happened. That person said they left the taco stand, and as they traveled on East 58th Avenue, Hernandez-Escobar and another driver began passing each other. He denied they were racing but said the other driver passed them on the left just before the crash, the affidavit says.
The passenger reported that he was "scared" and that he got into the second vehicle and left the scene. He said he did not know where Hernandez-Escobar went after the crash.
Police were also contacted by a family member of Hernandez-Escobar. The family member, who asked to remain anonymous, reported that Hernandez-Escobar was driving at the time of the crash. According to the affidavit, the family also said that he said other friends were "recording the race."
The family member reported that Hernandez-Escobar was considering fleeing to Mexico where he has other family.
Hernandez-Escobar is in custody and is due in court Monday when formal charges are expected.