17th Judicial DA
Brighton Office:
1000 Judicial Center Dr, Brighton, CO 80601
303-659-7720
303-835-5522
Broomfield Office:
17 DesCombes Dr, Broomfield, CO 80020
720-887-2199
720-887-2189
Diversion Office:
1000 Judicial Center Drive, Suite 300, Brighton, CO 80601
303-835-5520
303-835-5499
Victim Witness Office:
1100 Judicial Center Drive, Room 205, Brighton, CO 80601
303-659-7735

Driver Sentenced to Prison for Killing 18-Year-Old in Commerce City Hit-and-Run

August 29, 2025

Driver Sentenced to Prison for Killing 18-Year-Old in Commerce City Hit-and-Run

Brighton, CO — The District Attorney’s Office announced today that Erik Hernandez-Escobar, 20, has been sentenced to seven years in the Colorado Department of Corrections for a deadly hit-and-run crash that claimed the life of 18-year-old Emiliano Malpica and seriously injured members of his family. 

On May 28, 2025, Hernandez-Escobar pleaded guilty to: 

  • Leaving the Scene of an Accident Involving Death (F3) 

  • Vehicular Homicide – Reckless Driving (F4) 

The charges stem from an October 6, 2024, crash at the intersection of Holly Street and East 58th Avenue in Commerce City. Investigators determined Hernandez-Escobar was engaged in street racing while driving a black Audi A4. Both Hernandez-Escobar and the other driver allegedly involved in the race failed to stop at a stop sign, and Hernandez-Escobar’s vehicle collided with a black Volkswagen carrying Emiliano and his family. 

The impact killed Emiliano and caused life-threatening injuries to two of his relatives, as well as additional injuries to another family member. 

After the collision, Hernandez-Escobar fled the scene and later falsely reported his vehicle stolen. Cellphone data, vehicle crash notifications, and location tracking from his Life360 account placed him at the crash site at the time of impact. A passenger in the Audi later confirmed Hernandez-Escobar was the driver. 

One co-defendant—alleged to have been racing Hernandez-Escobar—remains pending charges, as does another co-defendant accused of aiding him in fleeing the scene. 

On August 29, 2025, Adams County District Court Judge Arturo Hernandez sentenced Hernandez-Escobar to seven years in the Colorado Department of Corrections. 

“This was an unspeakable tragedy caused by the thoughtless actions of this defendant,” said District Attorney Brian S. Mason. “My heart breaks for the victims and their families whose lives are now forever changed.” 

Two related cases remain pending in Adams County District Court: 

  • Elian Marte Agramonte (25CR1233) – Charged with Vehicular Homicide–Reckless Driving (F4) and Vehicular Assault–Reckless (F5); arraignment set for October 22, 2025. 

  • Raquel Lujan Flores (25CR1232) – Charged with three counts of Accessory to Crime (F3, F4, F5); arraignment set for October 1, 2025.

Deputy District Attorney David Ortiz and Deputy District Attorney Cody Ruebel prosecuted the case. 

 
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District Attorney Mason assumed the oath of office on January 12, 2021. The 17th Judicial District Attorney’s Office endeavors to seek justice on behalf of the citizens of Adams and Broomfield counties in felony and misdemeanor cases. DA Mason and his staff are dedicated to transforming the criminal justice system to better serve the citizens of the 17th Judicial District.

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