By Karen Morfitt

(CBS4) – As support for Rogel Aguilera Mederos builds, his family and friends are hopeful 110 years will not be his final sentence.

“It’s not over; we just started,” said Joel Varela-Diaz, a spokesperson for the family.

Joel Varela-Diaz (credit; CBS)

 

He asked Mederos’ mother for us about the calls for change in her sons sentence

“Yes, I have a lot of hope because I have a lot of support,” she said on the phone.

While the sentence was the minimum required by Colorado law, the judge during sentencing openly disagreed with the number of years, saying it may be an appropriate case for review.

David Lane (credit: CBS)

Civil rights attorney David Lane says that process can’t start until Mederos serves at least 120 days.

“His attorney will ask for a review of the sentence,” Lane said. “The DA, probably in this case, will not oppose that review. They will bring him back after about four months of incarceration and resentence him,” Lane said.

While many, including the family, are calling for the governor to take action sooner, asking that he commute or grant clemency, Lane says that likely won’t happen before a review.

“Normally, they are hands off,” Lane said. “Normally, they wait for the entire legal process to run its course before a governor will step in and pardon someone or commute someone.”

Still, Mederos’ attorney told CBS4 by phone that requests for clemency are, “in the works.”

And while Varela-Diaz says he doesn’t know what the appropriate sentience is, he says 110 years is not.

“Unbelievable,” Varela-Diaz said. “Not even El Chapo got so many years. He’s not a criminal. It was an accident.”

(credit: CBS4)

New attention was brought to the case Monday after a Facebook post made by a member of the prosecution team was made public. It showed a brake pad made into a trophy. The case number and I-70 crash were inscribed on the front.

The District Attorney responded Monday saying it was not a piece of evidence in the case and said the post was in bad taste

Varela-Diaz says he and other organizers plan to hold their own rally at the Capitol on Wednesday. On Monday afternoon, the governor’s office says it had not received an application request for clemency in the case.

Karen Morfitt