COMMERCE CITY, Colo. — A man charged in the death of a 10-year-old girl who died after he slammed into the back of her mother's car in October 2022 pleaded guilty this week and was immediately sentenced.
Grace Baca was in the car with her mother, Megan Baca, when Jay Gergen slammed into their car on 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 on Nov. 11, 2022.
Gergen appeared in Adams County District Court on Wednesday where he pleaded guilty to a single count of careless driving resulting in death. A second charge of careless driving resulting in injury was dismissed as a result of the plea.
He was immediately sentenced to 45 days in jail and two years of probation. He will also have to serve 200 hours of community service.
"It's a slap on the wrist for them, and it's a slap on the face for those who have lost a child or a loved one," Megan Baca said.
Baca wants to raise awareness about driving carefully.
"When you operate a vehicle you are supposed to take into account the safety of others," Baca said.
She said she sees these crashes way too frequently, with other families grieving the loss of kids.
"So sad because I know their pain and I know that through it all, they're going to feel the same way that I have felt," she said. "And it's a horrible feeling, it's lonely."
Baca said she will continue to fight for tougher punishments for deadly crashes on behalf of her family and others, so these kids' legacies are not washed away.
"I will continue to fight until my last dying breath because she deserved it," Baca said.
The 17th Judicial District Attorney's Office gave this statement after the Gergen's sentencing:
”This case is tragic and we extend our heartfelt condolences to the family of this innocent victim. We know that nothing can make them whole again as nothing can bring their wonderful daughter back. As for the criminal case arising out of this incident, we strive to pursue justice on behalf of victims in the most appropriate manner possible, based on the facts and circumstances of each case, which is what we sought to do here. Again, though, we know this is little comfort to a family mourning the terrible loss of their young daughter. Our hearts continue to go out to them.”
Grace would have turned 12 on Tuesday, April 2.
Megan Baca recently partnered with Allie Herman, the CEO and owner of Dragonwing, a local athletic clothing company that designs activewear for girls. Together, they created the “Gracie Leo,” a dance leotard that’s a tribute to Grace.
All profits from the sale of the garment will be given to the Grace Baca Foundation. The foundation, started by Megan Baca, donates to traumatic brain injury research and awards scholarships to aspiring dancers.
“I can see a little bit of light in such a sad, sad time,” Megan said. “And hope that they carry on her legacy and love for dance through kindness and poise."
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