New Colorado law allows tougher charges in some fatal crashes

A law instituting stricter penalties for some fatal crashes is now in effect in Colorado.

"You always think about that it's about somebody else until it becomes about you," said Victoria Cegielski.

It's been more than two years since Cegielski's life changed forever.

"He was the kindest person probably ever," Cegielski said of her son, Alex Mackiewicz. "He made a tremendous impact on people's lives, just being inclusive, being caring, and doing the little extra things for his friends, something he didn't have to do."

In March 2024, 13-year-old Alex was hit and killed in the crosswalk on his way to school by a car that had run a red light.

"I came to the crossroad where he was last. His cell phone was last located, and that's where I saw everything," Cegielski said.

After the accident, that driver, Ruben Morones, pleaded guilty to careless driving resulting in death, a charge that carried a maximum possible sentence of just one year in jail.

"That's when I felt that I was victimized all over again," Cegielski said.

Morones was sentenced to that one-year maximum, but to Victoria, the punishment didn't fit the crime.

"He just didn't pay attention. It wasn't my son's fault. Why do we pay the ultimate price?" Cegielski said. "I pledged that I will do everything in my power to change it. Nothing will bring my son back, but I will do everything possible to change the unfair law."

Her fight for change led her to state Sen. John Carson, a Republican who lives in and represents Highlands Ranch.

"All we had for these tragedies was careless driving resulting in death, which is just a misdemeanor. And so oftentimes, you know, the people involved in those could just write a check for a fine and get probation or something, and that's not fair to the families. It's not fair to the community," said Carson. "A young boy walking to school, crossing the street ... and yet right there, killed by a motorist coming right through the red light. And so, it was clearly a situation where the law, the statutes in place, were not adequate to deal with the situation."

"My senator listened, accepted the challenge because nobody... I was told it's impossible," Cegielski said.

Together, along with other lawmakers and grieving Colorado families, they pushed for a bill that would increase penalties for reckless driving.

"It's all about negligence," said Carson. "Driving your vehicle in an unsafe way and doing it deliberately, consciously, so that it's not an accident. It's a conscious decision to drive in an unsafe manner."

"We are talking right now about choices people make, like texting and driving, being distracted on the phone, being distracted eating, not paying attention to the road," Cegielski said.

The bill passed with bipartisan support.

"It made me feel so uplifted that finally, finally, we were heard, that victims also have rights, that there is justice," Cegielski said.

Effective Sept. 1, crimes like this could be charged as criminally negligent homicide, a Class 5 felony carrying up to three years in prison.

"Unfortunately, crashes will happen, accidents happen, but maybe one more family will not be victimized again, as I felt after my son's death, when the law was so unfair that the innocent victim is the one who is paying the ultimate price," Cegielski said.

"The ultimate objective here is to prevent these tragedies from happening again, and so, you know, hopefully, a law like this will make people think. Be more careful when you're driving," said Carson.

Many of the same families advocating for this law pushed for other recent road safety laws, like Magnus's Law and the Liam Stewart School Zone Act.

"This turned out to be a banner year for road safety legislation in Colorado," said Carson.

Today, Alex's memory lives on in this law, and in road signs, park benches, trees, and a nonprofit his mother created in his honor, "Alex's Legacy Compass." The nonprofit recognizes local students who exhibit exceptional character, selflessness, and care for others.

"The bill was to honor my son's passing and the way he passed. Now I'm doing stuff to honor the way he lived," Cegielski said.