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A Brighton man has been charged with vehicular homicide and child abuse resulting in death in a Commerce City crash that killed his daughter last week, according to a news release from the Adams County District Attorney’s Office.
Aaron Aguirre-Garay, 40, was driving his truck on Interstate 76 on Feb. 12 when he crashed into a fence, injuring himself and killing his daughter, according to an arrest affidavit from the Commerce City Police Department.
Aguirre-Garay was charged with child abuse causing death, vehicular homicide – reckless and vehicular homicide – DUI in the crash, according to the district attorney’s office release. The affidavit and the release do not specify how old the girl was.
Multiple witnesses saw Aguirre-Garay driving on a dirt shoulder off the road before his truck veered toward a fence, possibly because of a popped tire, according to the report. One witness saw the white truck swerve several times before the crash. Another person who went over to the vehicle after the crash spoke to Aguirre-Garay and said he smelled like alcohol. Witnesses found the girl lying on the ground outside the truck.
In an interview with police, Aguirre-Garay slurred his speech and smelled of alcohol as he told officers he didn’t know what happened in the crash, adding that he believed someone rear-ended his truck, according to the affidavit. He said he didn’t remember if his daughter was wearing her seat belt.
Aguirre-Garay told police he had been drinking earlier that day but didn’t clarify exactly how many alcoholic beverages he consumed, with his answers ranging from two to four cans of beer. He denied a field sobriety test and a blood alcohol test, the affidavit stated.
When police contacted the girl’s mother, she said she had just spoken to her daughter, who said at the time she “was done with practice.” The girl was attending a “league program practice” at Regis University, according to the report.
Aguirre-Garay, who was released from Adams County Jail on a $100,000 bail, will appear for a preliminary hearing at 9 a.m. March 9 in Adams County District Court.
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