Colorado man gets 4 years for drunk driving into crash scene, striking first responders

A 25-year-old Brighton man was sentenced to four years in prison Friday for injuring police officers and firefighters who were working at an interstate crash scene last year.

Benjamin Winters drove a Toyota Tacoma pickup truck onto the left shoulder to get around a fire truck that was blocking westbound Interstate 76 traffic on Dec. 7. His truck returned to the roadway and hit the first responders before coming to a stop.

"Fire apparatus and other vehicles were positioned such that traffic was directed to pull over to the right and go around," Commerce City Police Chief Darrel Guadnola said a day later. "And this driver, for whatever reason, found a small opening between the left shoulder and the back of the fire apparatus and decided to go around the left instead of the right at which time he struck the four individuals who were working."   

As other first responders began to treat their colleagues, Winters was taken into custody. He was immediately suspect of driving under the influence, according to details provided by the Commerce City Police Department.

All four first responders were taken to a hospital. One firefighter was critically injured.

"I've never had to go through this before. I do not want to do it again," said an emotional South Adams County Fire Chief Ken Koger after the incident.  

Six months after the accident, Winters pleaded guilty to charges brought against him. At that time, one Commerce City PD officer and one South Adams County Fire Department firefighter had not returned to duty due to their injuries. 

That Commerce City officer is still recovering as of Monday, a Commerce City PD spokesperson confirmed. 

"We've talked, we've talked and we've talked and nobody's listening here," Colorado State Patrol Master Sgt. Gary Cutler added after the incident. His agency investigated the collision and recommended charges against Winters. 

"We still get these DUIs that are coming out. It comes down to laziness and being self-absorbed. There's no reason that anybody needs to be drinking and driving. There are way too many ways out there that you can get a rideshare, a friend, stay somewhere. But if you're going to drink, you absolutely can not be getting out behind the wheel and actually going out there and hurting people."

Monday, a CSP spokesperson confirmed what the officers' bodycam video appeared to show - that the Winters' truck first hit two firefighters, one of whom flew through the air and hit the two Commerce City officers. Winter's truck did not appear to directly contact either officer. 

Winters received four years for a single count of Vehicular Assault-DUI and one year each for three counts of Vehicular Assault-First Responder. Adams County District Judge Sean Finn allowed Winters to serve latter three terms at the same time as the single DUI count.