Editorial – by: Gary Robinson, AvidCyclist.com
2 weeks ago, The Colorado Senate Judiciary Committee heard testimony regarding SB25-281. It is a bill that would make Careless Driving Resulting in Death a felony, instead of a misdemeanor as it is now. Three of the opposition to this bill offered testimony and comments, so tone-deaf and dismissive that it insulted victims, ignored accountability, and mocked the very notion of justice.
This was not just another policy debate — it was a mirror held up to Colorado’s values. The bill, which would finally recognize that killing someone through careless driving deserves more than a slap on the wrist, brought dozens of supporters and victims’ families to the Capitol. But these three individuals stood in opposition, delivering testimony that was not only detached from reality but condescending, insulting, and reckless in its own right. Their words revealed a disturbing truth: for some, protecting dangerous drivers still outweighs protecting innocent lives.
First up was a representative of a Colorado Criminal Defense Bar, Tristan Gorman. Self proclaimed lobbyist who framed the bill as “government overreach” — ignoring the core premise that killing someone through sheer carelessness should carry real consequences.
He claimed in an interview shortly after the hearing that “No matter what the sentence is, you can’t deter accidental conduct”, a tired talking point that disregards the victims left in the street. He went on to say, “The bill will not reduce traffic fatalities. What will cost the state more money and will impose life long collateral consequences of felony convictions on drivers who were not under the influence or driving recklessly.”
Apparently, in his world, the stigma of a felony conviction for someone who commits a crime, outweighs someone else’s right to live. Also, he seems not to understand that this bill addresses Carless Driving, not Reckless Driving. Tristan does not even understand the crime being addressed. It is Careless Driving Resulting in Death. Where is the Accident? There is NO ACCIDENT. If someone is careless by texting while driving, was that accidental? Did the driver accidentally pick up the phone and text? It is intentional.
The Colorado Criminal Defense Bar representatives as well as Mr. Gorman love to call these accidents. How is running a red light that had been red for 8 seconds, hence being careless, an accident? Tristen? Please explain it to us?
We left several messages for clarification at Mr. Gorman’s office for his comments that were not returned.
Next up of my favorites, a criminal defense attorney, Rhidian D.W Orr, who had an entirely different take on why a raising this crime to a felony is a bad idea: for a financial reason.
He argued that this is not in the best interest for the victim’s family. He went on to explain that if someone is convicted of a felony they are more likely to serve time in jail or prison, and therefore will not be able to pay restitution to the victim’s family.
Fact Check: Insurance companies pay the victim of these crashes. And there is also a release signed when the driver’s insurance makes payment, so that the victim or victims families will not seek damages, restitution included. In addition, the Insurance is usually woefully inadequate, and they have no recourse.
Two attorneys I spoke to, representing a combined 50+ years of experience in representing victims of Motor Vehicle vs Cyclist/Pedestrian crashes stated that they have never seen one case where restitution was paid. This includes many Careless Driving Resulting in Death. It is a non-issue.
He, and other members of the CCBA argued that these drivers also have to live with knowing they killed someone that is punishment. Really? So now hurt feelings are the substitution for punishment.
I assume that this could be Mr. Orr’s argument for all felonies. If any criminal goes to jail, they wont be able to pay restitution. It is laughable. I asked Mr. Orr to explain this after the hearing, but he could not take the time.
I saved the best, and my personal favorite, for last. Julie Gonzales, Senator, District 34 and Chair of the Senate Judiciary Committee.
This hearing was filled with gut wrenching testimonies of victims and victim’s families, local law enforcement supporting this bill and advocacy groups. We were there for one reason, to support this bill. To make a crime that results in the preventable death of someone to have a proportionate felony charge as a result.
Senator Gonzales had one question for the victims that still sticks with many. After a long dialog explaining how she and her husband “talked about this late into the night and this morning over breakfast” which took several minutes, she finally evoked it. “What we really want to know is how we can help you all heal.”
My first thought was: What? We are not here for therapy!” Speaking to several of the victims who testified, they all expressed that “they had never been so patronized and spoken to so condescendingly, ever.”
How can we help you heal? Julie, are you in the wrong place? This is the Senate Judiciary Committee and we are talking about SB25-281, if you are confused. It is not a therapy session. You have no idea what these families have been through. We, they, are here to support a law. Your job is to be a Senator.
We did some research, and Julie has a great education, but not in anything related to psychology. No degree, no night school, or an online course that we could find that qualified her as a grief therapist.
Also, according to the description on the General Assembly website:
Nowhere in there did we find grief therapy services. Correct us if we overlooked something.
Everyone in that room was there to address HB25-281. No one was there for therapy or to “heal” and for Senator Gonzalez to say that not only was patronizing, but exposed how tone deaf she is, and as her record shows, she was not in favor of this bill from the start.
These three are not alone, but they represent everything that is wrong with our judicial system and how it is tone deaf. The sad thing is that they are so concerned with being elected or getting their client off, they have no conscience or moral compass to do what is right.
As one sheriff that testified said: “someone can drive carelessly, kill someone, and not serve a day, and pay a fine with a credit card, this has to change.” Meanwhile we have a legal community and some senators that actually believe “It was an accident, and a felony would have a devastating impact on their life. Well, at least they have a life, they ended someone else’s life.
Eleven months ago, I was hit by a truck in Castle Rock, and by all statistics, should not have lived. Almost instantly, everything changed. Trauma does that, is what I was told.
As I testified in my closing remark to the Senate Judiciary Committee, “There is not one person in this room that you will hear from today that I knew before my crash, and I am humbled and honored to know them. The cliche is ‘you will understand when it happens to someone close to you’. Trust me you want no part of that, so do not wait for it.”
My fear is that given what we witnessed…they will wait.
If you would like to express your feelings and comments directly to Julie Gonzalez, as she is an elected representative, they are:
Gary Robinson: Editor and Publisher, AvidCyclist.com
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