Attorney expects felony charges against woman hit by train while in police car

PLATTEVILLE, Colo. — Nearly two months ago, a freight train collided with an occupied police unit parked on the tracks by a police officer. Inside that police vehicle was Yareni Rios Gonzalez who was detained on suspicion of road rage. 

On Thursday, Paul Wilkinson, who is representing Rios Gonzalez in her civil case against police, told 9NEWS he was informed by prosecutors in the Weld County District Attorney’s Office they will file a felony menacing charge against her.

>The video above is a prior story about possible charges against Rios Gonzalez.

“Well, I think the police should be charged. I don't think my client should be charged,” Wilkinson told 9NEWS. “She still has broken bones. She is recovering. It seems that Weld County wants to re-victimize her again.”

A spokeswoman for the Weld County District Attorney’s Office told 9NEWS she could “not confirm or deny” what Wilkinson said about the incoming felony charge. 

Court records do not show any charges against Rios Gonzalez at this point. Wilkinson said he was told by prosecutors a felony summons will be sent in the mail. 

Wilkinson said the 911 caller who claimed Rios Gonzalez pointed a gun at him was the actual aggressor and that she feared for her life.

RELATED: Man who called 911 on woman hit by train in a police car speaks

A Fort Lupton Police report indicates the 911 caller admitted to “brake checking” Rios Gonzalez during an encounter on the road. 

9NEWS interviewed the 911 caller who made the road rage allegations. 

“There was a car tailgating me really badly, and that’s when I tapped my brakes,” the caller told 9NEWS. 

“It was kinda like a back-and-forth thing. And then it led up to her coming up to my passenger side window and that’s when I saw her pull up and her window was down, and then I looked and then I noticed she was pointing a handgun at me,” the 911 caller said. 

The Weld County District Attorney is also reviewing an investigation into the police behavior that led up to the train collision. 

RELATED: 'I didn't know she was in my car': Platteville officer described train incident in body camera footage

9NEWS legal experts have said there are grounds for the officers to be charged with negligence or recklessness in the case. 

A spokeswoman for the DA’s office couldn’t say if or when a case would be brought against the officers. 

If you have any information about this story or would like to send a news tip, you can contact jeremy@9news.com. 

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