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'I cannot ignore the pain you've caused': Judge sentences driver for crash that injured first responders

Benjamin Winters drove around a firetruck on the shoulder, reentered the roadway, and hit the officers and firefighters, CSP said.

ADAMS COUNTY, Colo. — The man who drove drunk and struck and injured multiple first responders who were investigating an earlier crash last December was sentenced to four years in prison Friday afternoon.

In May, Benjamin Winters pleaded guilty to all charges against him. That included:

  • Vehicular assault - DUI
  • Vehicular assault - reckless
  • Three counts of third-degree assault - first responder

He was arrested after the Dec. 7 crash on Interstate 76 near Sable Boulevard in the Commerce City area. Commerce City Police Department officers and South Adams County firefighters were outside their vehicles investigating a separate, single-vehicle crash in the westbound lanes when they were hit, according to the Colorado State Patrol.

Investigators said Winters drove around a firetruck on the left shoulder, reentered the roadway, and hit the officers and firefighters, who were in the left lane near a patrol car. He continued on before coming to a stop on the left shoulder. 

One of the firefighters, Ryan Applegate, suffered injuries so serious that fellow first responders said Friday they were certain they were watching his last breaths after the crash.

"Thank God that I'm still here today," Applegate told the judge. "I've suffered severe injuries."

He said he had multiple surgeries and spent a month in the hospital and has still been unable to return to work. Still, he offered his forgiveness to Winters.

"I forgive you," he said to Winters. "I hope you can move on and become a better person from it."

Matthew Wood told the court he had few physical injuries from the incident, but carries a heavy mental burden.

"I have grown a lot since the accident - I actually want to thank Mr. Winters for that," Wood said. "I believe in peace forgiveness and mercy - so I too forgive you, Benjamin. I hope we can make peace sometime in the future. Maybe I can visit you."

Paramedic Dillon Reid shared similar thoughts.

"I do forgive - but unfortunately the mental injuries are unforgiving me and I imagine for multiple people behind me," he shared while telling the court he's suffered nightmares and had to give up his guns for the safety of his home.

Winters was last to speak at the hearing. He read a lengthy statement and apologized several times.

"Sorry honestly doesn't cover it - actions speak louder than words," Winters said. "I can't change what happened - and advise anyone - please consider the consequences - it only takes a moment to ruin or destroy a person's life."

Winters went on to say that he would use the experience to encourage others not to drink and drive or drive distracted. He said he was reaching for his phone just before the crash.

That was something the judge noted when he sentenced Winters. He suggested that he had doubts that Winter truly accepted that the alcohol and marijuana he consumed - and not his distraction - had a role in the crash.

The judge said he struggled with an appropriate sentence because Winters had no criminal history.

"You made a terrible mistake that impacted a lot of people," the judge said. "But I cannot ignore the pain you've caused - just like I know you can't."

In addition to four years in the Department of Corrections, Winters will serve three years of parole once released.

When Winters pleaded guilty, the Commerce City Police Department released excerpts from the body camera footage recorded by the involved officers. 

> Content Warning: This video contains graphic images of the crash and may be difficult for some people to watch.

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