Around noon on Sunday, a woman was driving south on Buckley Road in Aurora when her male passenger pulled the emergency break, causing her to lose control of the car. The car rolled and the driver was ejected from the car. The man is being charged with first degree assault, violation of a protection order and reckless endangerment.
It is suspected that alcohol was involved. It is unclear whether the driver, passenger or both had alcohol in their system. It is not reported whether the driver has been charged with anything, but if she had alcohol in her system, she could be charged with a DUI or DWAI even though she is a victim in the case.
Both the driver and passenger sustained serious injuries. Both are expected to survive. The man is likely charged with first degree assault because the woman driver sustained serious bodily injury and because the injuries were caused by a deadly weapon – the car. The basis for the protection order violation is not clear. The man could have been prohibited from being in contact with the driver or prohibited from consuming alcohol or both. Reckless endangerment and violation of a protection order are misdemeanors while first degree assault is a class three felony with mandatory prison time.
While the Denver Post is reporting that the man has been charged, he likely will not be formally charged until Thursday of this week. The police likely made a probable cause arrest and he will be advised in court on Monday. The district attorney’s office will then have 72 hours to decide whether to file charges and, if so, which charges to file. The district attorney’s office could decide to charge the man with different crimes than those listed by the police.