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Commerce City family demands justice after daughter dies from injuries in car crash

Jay Gergen pleaded not guilty to careless driving resulting in injury and death.

COMMERCE CITY, Colo. — The man who crashed into Megan Baca's car, ultimately killing 10-year-old Grace Baca, pleaded not guilty Wednesday to careless driving resulting in death and injury.

Grace was in the car with her mother, Megan Baca, when Jay Gergen slammed into their car Oct. 8, 2022 in Commerce City. 

The accident happened only a few minutes from the Bacas' home. The accident sent Grace into a coma. She died Nov. 11, 2022.

Credit: Megan Baca

“There's moments where I am in disbelief still, I feel like it was just yesterday I could hear her voice,” Megan Baca said.

Not a day goes by that Baca doesn't think about her daughter.  

“I miss her a lot,” Baca said. “She was just so special and just so sweet, and just a really good person.”

Credit: Megan Baca

The devastation Baca has felt for more than a year feels different now.

“Today I felt more anger than I think I have felt before,” Baca said. 

On Wednesday, Baca and her family watched as the driver who rear-ended her appeared in court for his pre-trial hearing to plead guilty or not guilty. 

“Having to see the person that hit me— it's very, very difficult to be here,” Baca said. 

Jay Gergen pleaded not guilty to careless driving resulting in death and injury. Gergen's attorney tells 9NEWS he is sorry for what happened. 

“I don't understand how you can hit somebody and plead not guilty,” Baca said. “To me, it just doesn't make sense in my mind.”

Credit: Megan Baca

The charges are a misdemeanor, but Baca wants to see Gergen charged with a felony.  

“I am angry, I think there is problems with our justice system,” Baca said. 

Baca knows nothing can bring her daughter back. 

“I think the hardest part is seeing all of her friends change and grow up, and I resent them for that because I don't have that,” Baca said. “It's just hard.” 

Until Gergen is back in court in May to face a jury, this mother is demanding justice and wants to see people pay attention to the road. 

“It's very important to me that people know how it could impact a single family,” Baca said. “You feel on top of the world one minute and your world is totally destroyed the next.”

Credit: Megan Baca

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