Officer who put girl in police automobile hit by prepare did not understand it was on the tracks, protection says

DENVER — A Colorado police officer accused of placing a handcuffed girl in a parked police automobile that was hit by a freight prepare didn’t know the automobile was parked on the tracks, the officer’s lawyer stated in court docket Monday.

Whereas proof will present Officer Jordan Steinke stood on the railroad tracks throughout an evening visitors cease on Sept. 16, 2022, she didn’t know that an officer she was helping had parked his patrol automobile on the tracks, protection lawyer Mallory Revel stated in opening statements in state court docket in Greeley. The girl inside, Yareni Rios-Gonzalez, suffered in depth accidents, together with a traumatic mind harm.

The tracks have been utterly flush with the highway, nothing to journey over, and there have been no illuminated crossing indicators or gates on the railroad crossing within the rural space, simply two reflective indicators on both facet of the tracks, Revel stated.

Prosecutors won’t be able to show that she acted recklessly by leaving the girl within the patrol automobile, Revel stated.

“You can’t disregard a threat of which you’re unaware, irrespective of how apparent that threat might later appear,” stated Revel, who burdened the case hinged on what Steinke knew within the second.

In her opening assertion, Deputy District Legal professional Lacy Wells famous Steinke had walked throughout the prepare tracks a number of instances through the incident, together with when she escorted Rios-Gonzalez to the patrol automobile after arresting her. She didn’t lay out precisely what Steinke knew, however she stated prosecutors would current proof about her way of thinking.

“The court docket will see and listen to proof from which the court docket can infer the defandent’s psychological state on the time she elected to position Yareni Rios-Gonzalez within the Platteville patrol automobile parked on the railroad tracks, as a substitute of her personal patrol unit that was safely parked to the west of the railroad tracks,” Wells stated.

Beforehand launched police video exhibits officers looking out Rios-Gonzalez’s truck because the prepare approaches with its horn is blaring. Different footage exhibits officers scrambling because the prepare approaches and slams into the car.

Steinke, who was working for the Fort Lupton Police Division, was following her coaching, which taught her to deal with patting down the suspect, getting her within the nearest patrol automobile after which ensuring there was nobody else in Rios-Gonzalez’s car who might be ready to ambush police, Revel stated.

The officer from the close by Platteville Police Division who parked the patrol automobile on the tracks can also be being prosecuted for misdemeanor counts of reckless endangerment. Steinke is being prosecuted for prison try and commit manslaughter, a felony; reckless endangerment; and third-degree assault, each misdemeanors.

There is no such thing as a jury for the trial, which is scheduled to finish Friday. Testimony is being heard by Decide Timothy Kerns, who will subject a verdict.

Rios-Gonzalez is suing over her remedy, after being arrested when a driver reported she had pointed a gun at him throughout a highway rage incident. The lawsuit accused three officers of appearing recklessly and failing of their responsibility to handle her whereas she was of their custody.