PLATTEVILLE, Colo. — The woman who was seriously injured when a train hit a police car she was in pleaded no contest to a misdemeanor menacing charge Friday in Weld County court.
Yareni Rios had faced a felony menacing charge stemming from the incident that was dropped, court documents show.
For the misdemeanor menacing charge, she was given a one-year deferred sentence and must do 10 hours of community service, records show.
Rios was arrested Sept. 16, 2022, near Fort Lupton when a man claimed she pointed a gun at him during a road-rage incident. Rios was pulled over and placed in a patrol vehicle parked on train tracks off Highway 85, and a freight train then collided with the car. She had numerous broken bones and head injuries from the crash.
In May, a lawyer representing Rios told 9NEWS that the felony charge should be dismissed because police destroyed her memory of an alleged road-rage incident when they caused her to be hit by a train.
Rios is still going through physical and mental therapy, said her civil attorney, Paul Wilkinson.
As the officers who made the arrest face their own criminal charges in the case, Weld County prosecutors decided to file a felony menacing charge against Rios based on the alleged road rage that occurred before the collision.
In a motion filed in May, defense attorney Chris Ponce argued that Rios’ due process rights were violated when police destroyed evidence in the case, which he argues is his client’s memory. Ponce argued the memory might have been exculpatory and that the felony charge should be dismissed.
“And she doesn't remember it because the police destroyed that memory. They stuck her in a patrol car, and she was hit by a train. So that's our argument. They had a responsibility to investigate this case professionally,” Ponce told 9NEWS.
Former Platteville Police Officer Pablo Vazquez parked his unit on the tracks when he pulled over Rios off Highway 85 near Fort Lupton. He faces several misdemeanor charges in the case.
Fort Lupton Officer Jordan Steinke, who placed Rios in the police unit, is facing a felony charge in the case.
Jeremy Jojola contributed to this report.
> Watch 9NEWS original shows, live Colorado news and weather updates, daily forecasts, and sports coverage for free on the 9NEWS+ app on Roku and Fire TV.
SUGGESTED VIDEOS: Investigations & Crime
9NEWS+ has multiple live daily shows including 9NEWS Mornings, Next with Kyle Clark and 9NEWS+ Daily, an original streaming program. 9NEWS+ is where you can watch live breaking news, weather updates, and press conferences. You can also replay recent newscasts and find videos on demand of our top stories, local politics, investigations and Colorado specific features.
To download 9NEWS+ on Roku search for KUSA.
To download 9NEWS+ on Fire TV search for 9NEWS.