Search fatalities

Gustavo Mosqueda Ortega

Age : 25

Gender : Male

Race : Latino/a/e

Date : 10/26/2021

Location : Mt. Bierstadt Street near East Bridge Street

City : Brighton

County : Adams

State : Colorado

Agency : Brighton Police Department

Officer(s) :Charles Hundley; Travis Flemming; Commander Nicholas Struck

Cause of Death : Vehicle

Event : Pedestrian killed by police chase crash

OPEN RECORDS SUMMARY :

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REASON WHY PURSUIT WAS INITIATED:
At approximately 11:30 a.m., Brighton Police Officer Charles Hundley responded to a report of a suspicious person in a 2011 Kia Sorento near Gaviota Avenue and Goldfinch Street. Hundley found a man and woman inside the parked Kia and determined the vehicle had been reported stolen in Westminster. Commander Nicholas Struck arrived in an unmarked police vehicle. As officers approached, police alleged the Kia struck the front of Struck's vehicle while driving away. Hundley immediately initiated a pursuit with emergency lights and siren activated, and Officer Travis Flemming followed behind him.
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OPEN RECORDS SUMMARY:
On 10/26/2021, Officer Charles Hundley initiated a high-speed pursuit through a Brighton residential neighborhood after the Kia drove away. Officer Travis Flemming followed in a second patrol vehicle. The Kia was estimated to be traveling 50–60 mph through streets with a 25-mph speed limit, disregarding stop signs and nearly striking other vehicles.
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The pursuit continued for just over two minutes. Hundley's dashboard camera recorded the entire chase. The subsequent investigation established that Hundley also drove above the speed limit and proceeded through stop signs while pursuing the Kia. Hundley said he remained approximately one-quarter mile behind it while considering whether to terminate the pursuit.
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Immediately before the fatal collisions, Hundley heard a radio transmission directing police to discontinue the pursuit. Hundley said that by the time he processed the instruction, the crash was already occurring. Police therefore did not actually discontinue the pursuit before the fatal collisions; Hundley's patrol vehicle was approximately one block behind the Kia when it entered East Bridge Street.
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The Kia ran a stop sign and struck a 2002 Nissan Frontier carrying 21-year-old Dulce Castro Perez and her mother. The impact ejected Castro Perez, who suffered fatal injuries, while her mother was critically injured. Accident reconstruction calculated the Kia's impact speed at 63–69 mph, and its speedometer was locked at 71 mph.
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After striking the pickup, the Kia continued across Bridge Street, entered a grassy area and struck 25-year-old Gustavo Mosqueda Ortega, who had been walking on the sidewalk along Mt. Bierstadt Street. Gustavo was transported to a hospital but died from his injuries. He had no involvement in the incident preceding the pursuit and was simply walking when the chase reached him.
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Gustavo was from Montrose, Colorado. His family remembered him as an exceptionally genuine and caring person. Following his death, relatives described him as an incredible person whose sudden killing devastated the family. His sister, Ana Mosqueda, later appeared in court as the criminal case reached sentencing and continued demanding accountability for her brother's death.
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TOTAL FATALITIES/INJURIES:
2 Fatalities, multiple injuries including critical injuries to Dulce Castro Perez's mother.
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EYEWITNESS OR FAMILY STATEMENTS:
Gustavo's family remained involved through the criminal prosecution. At sentencing, his sister Ana Mosqueda expressed anger over the circumstances that killed her brother and the punishment imposed. Relatives described Gustavo as “the most genuine person ever” and “incredible.”
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DISPOSITION:
Nicholas Villarini was initially charged with two counts of first-degree murder, first-degree assault, vehicular eluding and driving under restraint. He ultimately pleaded guilty to two counts of vehicular homicide-DUI and one count of DUI vehicular assault. On 01/26/2023, he was sentenced to 40 years in state prison, including consecutive 20-year sentences for the deaths of Gustavo Mosqueda Ortega and Dulce Castro Perez.
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Officer Charles Hundley was separately investigated for his role in initiating and continuing the pursuit. The investigation determined there was no violent felony or other act of violence requiring an immediate pursuit. Brighton Police fired Hundley after concluding that the pursuit presented an unnecessary danger to the public.
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The 17th Judicial District Attorney's Office declined to criminally charge Hundley for his role in initiating the pursuit. District Attorney Brian Mason nevertheless called Hundley's decision to engage in the high-speed chase “deeply troubling” and concluded that the pursuit was unnecessarily dangerous and disproportionate to the alleged criminal activity and potential danger presented before Hundley began chasing the Kia. The prosecutor's review acknowledged that the dangerous driving that killed Gustavo and Dulce might not have occurred but for Hundley's pursuit, but concluded there was insufficient evidence to establish Hundley's criminal liability for their deaths.
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OFFICER BACKGROUND:
Charles Hundley initiated and led the fatal pursuit, Travis Flemming followed immediately behind him, and Commander Nicholas Struck was present at the initial encounter. Hundley's dash camera captured the pursuit from its beginning through the fatal collisions. Brighton Police subsequently fired Hundley over his conduct during the pursuit.

SOURCE LINKS :

https://www.denver7.com/news/local-news/was-it-justified-brighton-police-pursuit-ends-in-2-dead
https://www.denver7.com/news/crime/man-charged-with-2-counts-of-first-degree-murder-in-deadly-brighton-police-chase
https://www.denver7.com/news/local-news/coroner-identifies-two-people-killed-following-brighton-pursuit-crash
https://www.denver7.com/news/local-news/2-bystanders-killed-suspect-seriously-injured-in-crash-after-brighton-police-chase
https://www.cbsnews.com/colorado/news/brighton-stolen-vehicle-chase-deadly-police/
https://www.cbsnews.com/colorado/news/brighton-police-pursuit-crash-passenger-pedestrian-officer-charles-hundley-review-nicholas-villarini/
https://www.cbsnews.com/colorado/news/nicholas-villarini-sentenced-driver-police-pursuit-stolen-vehicle-brighton-dulce-castro-perez-gustavo-ortega/
https://adamsbroomfieldda.org/userfiles/2358/files/DecisionLetterPursuit10262021.pdf