Prosecutors dismissed the most serious charge against a Fort Lupton police officer who locked a handcuffed woman in a patrol vehicle that was parked on train tracks and then failed to move the SUV as a train barreled down the tracks and struck it.
Weld County District Attorney Michael Rourke dismissed the felony second-degree assault charge against Officer Jordan Steinke on Thursday, court records show. The officer is still facing the less serious charges of attempted reckless manslaughter, which is a low-level felony charge, and reckless endangerment, a misdemeanor.
Steinke and Platteville police Sgt. Pablo Vazquez were both charged after the Sept. 16 incident on railroad tracks near U.S. 85 and Weld County Road 38. The woman who was locked in the vehicle and hit by the train, 21-year-old Yareni Rios-Gonzalez, survived the crash and is suing the Platteville Police Department.
She was taken into custody that night after a report of road rage, and was later charged with felony menacing in connection with those allegations. That case is pending, and Rios-Gonzalez is due back in court for a disposition hearing on May 25.
She suffered head injuries, broken ribs, a broken arm and a broken sternum when the train crashed into the police vehicle. She spent 12 days in a hospital recovering from her injuries.
Steinke was placed on administrative leave after the crash and remains on leave, Fort Lupton police Lt. William Karnes confirmed Friday. The officer is scheduled to appear in court for an arraignment on March 2.
Steinke’s attorney, Mallory Revel, said in a statement Friday that dismissing the assault charge was the “right thing” for the district attorney’s office to do.
“We look forward to continued dialogue with that office, and maintain the remaining charges should also be dismissed,” she said.
The charges against Vazquez, who parked the vehicle on the tracks, remain pending as charged, court records show. He is facing five misdemeanor counts of reckless endangerment, as well as the petty and traffic offenses of parking where prohibited, careless driving and obstructing a highway.
Vazquez is scheduled to return to court on March 24 for a pre-trial conference. He was fired from the police department in December, Platteville police Chief Carl Dwyer said Friday.
Krista Henery, spokeswoman for the Weld County District Attorney’s Office, declined to say why prosecutors dropped the assault charge, and court records do not give a reason for the dismissal except to show it was requested by the district attorney’s office.
“We have decided to move forward with the existing charges that we feel are most appropriate in this case,” she said in an email. “Unfortunately, because there is pending litigation, I’m unable to comment any further about why we made this decision.”
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