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Woman Who Was Hit by Oncoming Train While Detained in a Police Cruiser Files Lawsuit Against Police
A woman who was hit by a train while she was handcuffed and locked in the back of a police car has filed a lawsuit against the police after she sustained serious injuries. Her lawsuit accuses three police officers of acting recklessly and failing in their duty to take care of her safety.
In her 40-page lawsuit, Rios-Gonzalez accuses the Platteville Police Department, Platteville Police Sgt. Pablo Vazquez, the Fort Lupton Police Department, Fort Lupton Police Officer Jordan Steinke, and Fort Lupton Police Officer Ryan Thomeczek of negligence after they pulled her over and took her into custody following a traffic stop.
On September 16th, 20-year-old Yareni Rios-Gonzalez was stopped by the Platteville police department in Colorado. The traffic stop resulted in her vehicle being stopped in front of the train tracks, while the police officer who pulled her over parked right over the train tracks.
In body cam footage showing the incident, Rios-Gonzalez can be seen engaging with officers as they begin to handcuff her and place her in the back of the police vehicle. Body cam footage from another officer picks up on the horn of the approaching train as he and another officer search her vehicle.
In the body cam footage of a third officer, Officer Thomeczek, Thomeczek can be seen noticing the approaching train and stepping back away from the police cruiser where Thomeczek was detained. As he stepped back, he called out for the other officers to back away just as the train collided with the cruiser, launching it off the track. The officers then can be heard radioing for assistance as they realize Rios-Gonzalez was still detained in the back of the cruiser.
According to Rios-Gonzalez’s attorney Paul Wilkinson, the 20-year-old tried to get the attention of the officers while they were searching her vehicle because the front police cruiser's passenger door was still open. The lawsuit describes Rios-Gonzalez calling for help as she saw and heard the train barreling toward her.
Miraculously, Rios-Gonzalez survived, but she sustained numerous serious injuries. According to her lawyer, “she woke up in the hospital with a fractured tibia, a broken arm, she had nine broken ribs.”
Her lawsuit accuses the police of failing to adhere to railroad signage that offered a number for assistance if there was activity on the railroad. In addition to the negligence posed by the officers, Rios-Gonzalez’s lawsuit details that Sgt. Vasquez was deemed a "significant liability risk by his previous employer, the Federal Heights Police Department" and was hired by the Platteville Police Department despite this.
The Colorado Bureau of Investigation is continuing its investigation into the actions of the police and at least one Platteville police officer is now on administrative leave. The officers who are named in the lawsuit, Steinke and Vazquez, have since been criminally prosecuted following the crash. Ryan Thomeczek has not been criminally prosecuted, but the lawsuit does accuse him of not doing enough to help Rios-Gonzalez escape the cruiser as the train approached.
In an interview with Good Morning America, Rios-Gonzalez’s lawyer shared, “When police take someone, we call it into custody, it's your charge to make sure that they are safe and they failed.”
Rios-Gonzales has since been released from the hospital and is continuing to recover at home. According to her lawsuit, she now depends on her husband to help her with everyday basic tasks including eating, bathing, and taking care of their two-year-old daughter.
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