A Colorado police officer accused of putting a handcuffed woman in a police car hit by a freight train is due to stand trial.
Attorneys for Officer Jordan Steinke said she did not know she had placed her car on train tracks, which had handcuffed Yareni Rios-Gonzalez inside.
Steinke is charged with criminal attempt to commit manslaughter, a felony; reckless endangerment; and third-degree assault, both misdemeanours.
Defence lawyer Mallory Revel said prosecutors will not be able to prove Steinke acted recklessly by leaving Ms Rios-Gonzalez in the car.
“You cannot disregard a risk of which you are unaware, no matter how obvious that risk may later seem,” said Ms Revel, who stressed the case hinged on what Steinke knew in the moment.
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Ms Revel argue the tracks were not clearly visible as they were flush and there was no trip hazard.
This screen grab from dash camera video provided by the Fort Lupton Police Department shows the moment a freight train hitting a parked police car (AP)She also argued there were no illuminated crossing sings or gates at the railroad crossing, which is in a rural area.
Steinke, who was working for the Fort Lupton Police Department, was following her training, which taught her to focus on patting down the suspect, getting her in the nearest patrol car and then making sure there was no one else in Rios-Gonzalez's vehicle who could be waiting to ambush police, Revel said.
Rios-Gonzalez suffered extensive injuries including a traumatic brain injury as a result of the incident on September 16 last year.
Video shows officers searching the Rios-Gonzalez's truck as the train near the car, its horn can be heard blaring.
Officers can be seen scrambling as the train approaches the vehicle.
Deputy District Attorney Lacy Wells said Steinke walked across the train tracks several times, including when she escorted Rios-Gonzalez to the patrol car after arresting her.
“The court will see and hear evidence from which the court can infer the defendant’s mental state at the time she elected to place Yareni Rios-Gonzalez in the Platteville patrol car parked on the railroad tracks, instead of her own patrol unit that was safely parked to the west of the railroad tracks,” Wells said in her opening statement.
The officer who parked the car on the tracks, from the nearby Plattville Police Department is also charged with misemour scouts of reckless endangerment.
There is no jury for the trial, which is scheduled to end Friday. Testimony is being heard by Judge Timothy Kerns, who will issue a verdict.
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Rios-Gonzalez is suing over her treatment, after being arrested when a driver reported she had pointed a gun at him during a road rage incident. The lawsuit accused three officers of acting recklessly and failing in their duty to take care of her while she was in their custody.
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